[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[Issue]
[Pages 11817-12010]
[From the U.S. Government Publishing Office, www.gpo.gov]



                                   107

                           VOLUME 147--PART 9

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             CONGRESSIONAL RECORD 

                United States
                 of America

This ``bullet'' symbol identifies statements or insertions 
which are not spoken by a member of the Senate on the floor.




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                     SENATE--Tuesday, June 26, 2001

  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Evan Bayh, a Senator from the State of Indiana.
  The PRESIDING OFFICER. Today's prayer will be offered by guest 
Chaplain, Canon Pastor Lawson Anderson, of Trinity Cathedral, Little 
Rock, AR.
  It is my privilege to notify all those present that Reverend Anderson 
is the uncle of our colleague, Senator Blanche Lincoln of Arkansas.
                                 ______
                                 

                                 prayer

  The guest Chaplain offered the following prayer:
  Gracious God, as we prepare in the week ahead to celebrate the 
anniversary of the founding of this Republic, we commend this Nation to 
Your merciful care, and we pray that being guided by Your providence, 
we may live securely in Your peace.
  Grant to the President of the United States, to the Members of this 
Congress, and to all in authority wisdom and strength to know and to do 
Your will. Fill them with the love of truth and righteousness and make 
them ever mindful of their calling to serve this country in Your fear. 
Guide them as they shape the laws for maintaining a just and effective 
plan for our Government.
  Give to all of us open minds and caring hearts and a firm commitment 
to the principles of freedom and tolerance established by our Nation's 
founders and defended by countless patriots throughout our history.
  Help us to stamp out hatred and bigotry and to embrace the love and 
concern for others that You have clearly shown to be Your will for all 
mankind.
  Bring peace in our time, O Lord, and give us the courage to help You 
do it.
  We ask this in Your holy name. Amen.

                          ____________________



                          PLEDGE OF ALLEGIANCE

  The Honorable Evan Bayh led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________



              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                    Washington, DC, June 26, 2001.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Evan Bayh, a Senator from the State of Indiana, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. BAYH thereupon assumed the chair as Acting President pro tempore.
  The ACTING PRESIDENT pro tempore. The Senator from Arkansas.
  I shall take the privilege of the Chair and say that was an 
especially moving invocation this morning.
  Mrs. LINCOLN. I thank the Chair.
  I thank the Senator from Nevada and all of my colleagues for the 
opportunity to share with you all this morning a very special 
individual in my life. I have been very blessed to grow up in a very 
close-knit family of supportive and encouraging people. My uncle, the 
Reverend Lawson Anderson, is just one of those wonderful people. I grew 
up within walking distance of both sets of my grandparents, and on hot 
summer days I would walk over to his mother's home and in the cool of 
his house play the organ that she practiced as she was the organist for 
our church.
  One of the most wonderful stories and I think lessons I have learned 
from my Uncle Lawson I would like to share with my colleagues. He did 
not get started in ministry. His degree is in forestry. He began as a 
forester. He then went into banking and figured out, in order to really 
make it through life, he needed the wisdom and the courage that came 
from the ministry, which he joined later in life. He did say, however, 
that one of the best lessons he learned was not necessarily from the 
ministry but from his time in the forest industry.
  He talked about dealing with problems in life, and he said one of the 
best lessons he learned as a forester was when he was very young and 
was presented with a forest fire, a difficult problem. He was beating 
at that fire with a shovel, and one of the older members of the 
forestry team came up to him and said: What are you doing? He said: I 
am putting this fire out; I'm putting it out. And the wise forester, 
who was beyond I guess his years in wisdom, looked at Uncle Lawson and 
said: That is not how you conquer a problem. The way you conquer a 
problem and, more importantly, a forest fire is you walk around it; you 
approach it from the front; you evaluate the circumstances: Which way 
is the wind blowing? What kind of moisture is there in the area? And 
then you dig a hole all the way around so that you encircle your 
problem and you actually take care of the whole thing. You do not just 
beat at it, but you make sure you get in front of your problems, you 
assess the situation, and you face them head on.
  I am honored and privileged to serve the people of our great State of 
Arkansas. It has been something that has certainly been incredible in 
my life. But when I am able to bring to the Senate and share with these 
individuals, these incredible individuals with whom I serve in this 
great body, someone who has been a major part of shaping my life and 
molding me into the person that I am, it is, indeed, my honor and 
privilege to do that and to have him with us today.
  I thank the Chair.

                          ____________________



                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, 
leadership time is reserved.

                          ____________________



                   BIPARTISAN PATIENTS PROTECTION ACT

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now resume consideration of S. 1052 which the clerk will 
report.

[[Page 11818]]

  The senior assistant bill clerk read as follows:

       A bill (S. 1052) to amend the Public Health Service Act and 
     the Employee Retirement Income Security Act of 1974 to 
     protect consumers in managed care plans and other health 
     coverage.

  Pending:

       Frist (for Grassley) motion to commit to the Committee on 
     Finance and the Committee on Health, Education, Labor, and 
     Pensions with instructions to report back not later than that 
     date that is 14 days after the date on which this motion is 
     adopted.
       Gramm amendment No. 810, to exempt employers from certain 
     causes of action.
       Edwards (for McCain/Edwards) amendment No. 812, to express 
     the sense of the Senate with regard to the selection of 
     independent review organizations.

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be 2 hours of debate in relation to the Grassley motion to 
commit and the Gramm amendment No. 810, the time to be equally divided 
in the usual form.
  The ACTING PRESIDENT pro tempore. The Senator from Nevada is 
recognized.


                                SCHEDULE

  Mr. REID. Mr. President, I just want to make a brief statement on 
behalf of Majority Leader Daschle. As has been indicated, the 
resumption of the Patients' Bill of Rights will be the order at hand 
today. As has been announced, there will be approximately 2 hours of 
closing debate in relation to the Grassley motion to commit--and I 
understand he wants to modify his motion.
  I ask Senator Grassley, it is my understanding the Senator wants to 
modify his motion to commit; is that right?
  Mr. GRASSLEY. Yes.
  Mr. REID. We would not object--and with respect to the Gramm 
amendment regarding employers. That debate will be ended shortly. There 
will be two rollcall votes at 11:30 a.m.
  I met with Senator Daschle early this morning, and he has indicated 
that without any question we are going to finish the Patients' Bill of 
Rights before the Fourth of July break.
  Now, I would say to everyone within the sound of my voice, I believe 
we have been on this bill a week. I think we have fairly well defined 
what the issues are, and I think it would be in everyone's best 
interests if today we would decide what those issues are and have 
amendments offered. If people want time agreements, fine. If they do 
not, debate them, complete what they want to say, and move on. Everyone 
has many things to do during the Fourth of July break. But this is 
important. This bill has been around for 5 years, and we are going to 
complete consideration of this legislation.
  There is also a need to complete the supplemental appropriations 
bill. As I have indicated before, I think Senator Byrd and Senator 
Stevens have done an excellent job in moving that bill along and I 
think we can do that very quickly. But there are going to be late 
nights tonight, tomorrow, and Thursday. We are going to do our best to 
make sure everyone is heard, but also in consideration of other 
people's schedules, we will do our best to complete action on this 
legislation as quickly as possible.
  I see Senator Gregg, the ranking manager of the bill, is here. I did 
not see him earlier.
  Mr. GREGG. Mr. President, I would like to ask unanimous consent that 
Senator Enzi be added as a cosponsor of the Gramm amendment which is 
pending.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. GREGG. I thank the Senator.
  The ACTING PRESIDENT pro tempore. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I hope you will call on the Senator from 
Texas.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mr. GRAMM. Mr. President, I ask unanimous consent that following the 
vote on the Grassley amendment, each side have a total of 3 minutes to 
summarize the arguments on the amendment excluding employers from 
liability.
  Mr. REID. No objection.
  The ACTING PRESIDENT pro tempore. Is there objection?
  The Chair hears none, and it is so ordered.
  The Senator from Iowa.


                     Motion to Commit, as Modified

  Mr. GRASSLEY. Mr. President, before I speak on my motion, I ask 
unanimous consent that the pending motion to commit be modified to 
reflect the referral of the bill jointly to the Committee on the 
Judiciary and the same 14-day timeframe that affects the Finance 
Committee and the HELP Committee also apply to the Judiciary Committee.
  The ACTING PRESIDENT pro tempore. Is there objection?
  The Chair hears none, and it is so ordered.
  The motion to commit, as modified, is as follows:

                            Motion to Commit

       Mr. Grassley moves to commit the bill S. 1052, as amended, 
     to the Committee on Finance, the Committee on Health, 
     Education, Labor, and Pensions, and the Committee on the 
     Judiciary with instructions to report the same back to the 
     Senate not later than that date that is 14 (fourteen) days 
     after the date on which this motion is adopted.

  Mr. GRASSLEY. Mr. President, I thank the majority for permission to 
modify my motion.
  Mr. President, I rise to speak in favor of my motion to commit the 
Kennedy-McCain bill to the Health, Education, Labor, and Pensions, 
Judiciary, and Finance Committees with instructions that these 
committees report the bill out in 14 days.
  On a preliminary note, I thank the good counsel of Senators Thompson 
and Hatch. Yesterday, they reminded me that the Kennedy-McCain bill 
also includes a series of provisions on liability that fall under 
Judiciary's jurisdiction and have never been reviewed by that committee 
either. Thus, I have modified my motion to include the Judiciary 
Committee along with the HELP and Finance Committees.
  I am deeply troubled that the Kennedy-McCain bill has bypassed the 
relevant committees and has been brought directly to the floor--without 
one hearing, without one markup, and without public input into this 
particular bill.
  As I made very clear on the floor yesterday, I strongly believe that 
patient protections are critical to every hard-working American who 
relies on the managed care system. We need a strong and reliable 
patients' rights bill and I'm supportive of this effort 100 percent. 
What we do not need is a bill, like Kennedy-McCain, that exposes 
employers to unlimited liability, drives up the cost of health 
insurance, and ultimately increases the number of Americans without 
health coverage.
  Instead, I believe we should protect patients by ensuring access to 
needed treatments and specialists, by making sure each patient gets a 
review of any claim that may be denied, and above all by ensuring that 
Americans' who rely on their employers for health care can still get 
this coverage. I'm confident these goals can be reached.
  However, the very fact that our new leadership brought the Kennedy-
McCain legislation directly to the floor without proper committee 
action, violates the core of the Senate process.
  I know my colleagues on the other side will waste no time accusing me 
of delaying this bill, but the truth is, had the relevant committees 
been given the opportunity to consider the Kennedy-McCain legislation 
in the first place, I would not be raising these objections.
  By bringing this bill directly to the floor, the message seems to me 
to be loud and clear: that the new chairmen under the new Democratic 
leadership are merely speedbumps on the road to the floor.
  I guess, as a former chairman who hopes to be chairman again in the 
near future, I do not particularly enjoy being a speedbump. But there's 
something much more important at stake-- process. A flawed process, 
more often than not, will lead to a flawed legislative product. We are 
seeing that point in spades on this legislation.
  Does anyone really think that if we had followed regular order and 
gone through the committee process that the bill before us would be in 
worse

[[Page 11819]]

shape? Would we still be sitting around wondering where this bill is 
going? Or would it be necessary to define the employer liability 
exception with Senator Gramm's amendment?
  I guess I have more confidence in the committees of jurisdiction than 
the new leadership and sponsors of this bill do. The HELP, Judiciary, 
and Finance Committees have the experience and expertise to deal with 
the important issues this bill presents. My motion simply provides 
these fine committees with an opportunity to do their jobs.
  Now let me turn for a moment to my committee, the Finance Committee. 
The Kennedy-McCain legislation treads on the Finance Committee's 
jurisdiction in three ways that are by no means trivial--on trade, 
Medicare, and tax issues.
  In fact, approximately one-third of the nearly $23 billion in revenue 
loss caused by this bill, is offset by changes in programs within the 
jurisdiction of the Finance Committee.
  First, section 502 extends customs user fees, generating $7 billion 
in revenue over eight years. These fees were authorized by Congress to 
help finance the costs of Customs commercial operations.
  Most of my colleagues know first hand the financial pressures put on 
the Customs Service. From Montana, to Delaware, Massachusetts, Texas, 
and California, there is a dire need for funds to modernize the Customs 
service. Yet, the Kennedy-McCain legislation diverts money intended for 
Customs and uses it to pay for this bill. This is not what Congress 
intended.
  If these fees are to be extended--and I emphasize ``if''--they should 
be done so in the context of a Customs reauthorization bill in the 
Finance Committee. This gives the Finance Committee the opportunity to 
carefully review, analyze and debate the implications of any Customs 
changes on the future of the Customs service and Customs modernization.
  Second, section 503 of the Kennedy-McCain bill delays payments to 
Medicare providers, which generates $235 million to help offset the 
losses in the bill.
  It is ironic that while many of us are spending significant amounts 
of our time working to improve Medicare's effectiveness and 
efficiency--this bill actually takes steps to exacerbate the 
frustrations so many providers already experience today with delayed 
payments in Medicare.
  Any changes to Medicare need thorough evaluation and consideration in 
the Finance Committee--where the expertise exists to determine the 
implications of any changes to the program. For those who think we can 
just tinker with this program, they're wrong. It is much too important 
to our Nation's 40 million seniors and disabled that rely on it. Any 
change, large or small, can have a sweeping impact on seniors, 
providers, and taxpayers.
  Finally, let me turn to the third Finance Committee policy area 
implicated in this legislation. I'm talking about health care-related 
tax incentives.
  Now I know there are no tax code changes in this particular bill. 
However, in years past, tax incentives have been an important part of 
this legislation. There's good reason for this. As Senator McCain 
recognized, tax incentives provide balance to patients' rights 
legislation by making health care more affordable and therefore more 
accessible.
  I am a strong believer in health tax policy and have proposed a 
number of changes in the tax treatment of health care--including ways 
to reduce long-term care insurance and expenses, promote better use of 
medical savings accounts, and improve the affordability of health 
insurance through refundable tax credits.
  But while I might agree with these policies on a substantive level, I 
will continue to oppose health tax amendments to the Kennedy-McCain 
legislation simply because the Finance Committee has never been given 
the opportunity to analyze, review, or discuss the implications of 
these provisions on the internal revenue code--a code that is the 
responsibility of the Finance Committee.
  My motion provides the Finance Committee with its rightful 
opportunity to add health tax cut provisions to this legislation. There 
is no doubt that the Hutchinson-Bond amendment, along with a number of 
other good health care-related tax cuts, would be included in a package 
before the Finance Committee.
  On that point, I want to make clear that at my urging, Chairman 
Baucus has already agreed to consider a package of health care-related 
tax cuts in an upcoming Finance Committee markup. So I look forward to 
working through these very important issues in the committee.
  It is my responsibility to Iowans, my Finance Committee members, and 
all Senators to be vigilant on committee business. I cannot let these 
things just slip by. That would be easy to do, but it would also be 
irresponsible.
  During my tenure as Finance chairman, Senator after Senator urged 
that the committee process be upheld regarding tax legislation. I 
listened and I acted.
  I resisted strong pressures to bypass the Finance Committee as we 
considered the greatest tax relief bill in a generation. I forged a 
bipartisan coalition and consensus which I believe made it a better 
bill. Ultimately we were able to craft a bill that benefited from the 
support of a dozen members from the other side.
  So I stand before you as someone who has seen the importance of the 
committee process as well the success of this process.
  The new leadership and this bill's sponsors have simply tossed aside 
the committees of jurisdiction. As justification for these actions, the 
new leadership says Republicans did the same thing on their patients' 
rights bill in 1999, but this is simply not the case.
  In 1999, the patients' rights legislation underwent a series of 
hearings in the HELP committee, and ultimately there were 3 days of 
markup--let me repeat 3 days of markup--in that committee. And only 
after the bill was reported out of the committee was it then brought up 
for consideration by the full Senate.
  So let us hear no more discussion on this point. There is no 
justification for the conduct on this bill. It is a fact that the 
Kennedy-McCain bill before us today has never undergone the committee 
processes that the 1999 patients' rights legislation did.
  What our new leadership has done is violated the rights of the 
members of three important Senate committees from utilizing their 
expertise and experience to fully evaluate the Kennedy-McCain 
legislation--a job these committees were designed to do.
  Any members of the three committees that support this faulty process 
should beware. Supporting this process means that they support 
disenfranchising their own rights as committee members.
  What my motion does is correct this faulty process, a process that 
has ensnared a bill that could have otherwise moved through floor 
debate smoothly, if the committee process had been upheld.
  A vote for my motion to commit puts this bill on the right track. It 
lets members of the HELP, Judiciary, and Finance Committees do the jobs 
they were sent here to do.
  These committees have good track records in this Congress. They will 
continue to produce legislation that is important to our Nation. Taking 
this bill through the relevant committees will only improve this 
legislation and ultimately make it better law. That's what is in the 
best interests of the patients were trying to protect.
  I believe we are at a critical juncture in history. Through a very 
close election, the American people have instructed those of us who 
represent them in this town of Washington, DC, to get serious about 
legislative business.
  What the Iowans have told me, and Americans have told all of us, is 
to work together to produce results. They want less partisanship, more 
action, and more thoughtful debate.
  People in Iowa expect Republicans and Democrats to work together, 
with President Bush, to get things done. They expect us to refrain from 
playing

[[Page 11820]]

partisan politics and to be serious legislators.
  We have a responsibility to our constituents who have given us the 
opportunity to represent them. That responsibility is to legislate in a 
thorough, fair, and constructive fashion. That is not the way the 
Kennedy-McCain bill has been handled thus far.
  If we are to carry out the people's business in the manner the Senate 
set forth--through the committee process--then we must utilize this 
process to produce legislation that will help improve the lives of 
every American.
  After all, is that not what the people really want? A good law that 
is produced in the proper way.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I yield such time as the Senator from 
Montana desires.
  Mr. BAUCUS. Mr. President, I commend my good friend from Iowa, 
Senator Grassley, and particularly applaud his continued effort to work 
in cooperation and in a bipartisan and frank manner to get results. It 
is an approach he has taken when he was at the helm of the Finance 
Committee and an approach he knows works. I commend him for it.
  I take this opportunity to address one of the amendments presently 
pending, the amendment offered by my colleague from Texas, Senator 
Gramm.
  While I will not vote for this amendment, I believe it is critical 
that we protect employers from unwarranted liability claims. But the 
Gramm amendment I believe goes too far. It protects employers from 
liability even when they are responsible for making medical decisions 
that result in injury or death.
  Let me be clear. I do not believe employers should be held liable for 
medical decisions made by others, nor do I believe they should be 
exempt from responsibility if they are making medical decisions 
themselves.
  This issue is very important to businesses in my State. It is very 
important to the people in my State. I must say it is very important to 
me. For that reason, I am working with my colleagues on a compromise. I 
have recently spoken with Senator Edwards. We are working together on a 
bipartisan compromise that will shield employers from liability when 
they are not involved in making decisions about medical care. It is a 
bipartisan compromise that will also protect patients. I believe there 
is a middle ground. I will be working with my colleagues to find it.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Cleland). The Senator from Massachusetts 
is recognized.
  Mr. KENNEDY. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Senator from Massachusetts controls 51 
minutes on the motion and the amendment.
  Mr. KENNEDY. Mr. President, I yield myself 15 minutes.
  Mr. President, the Senate recently completed major education reform 
after six weeks of debate focused on accountability. We agreed that in 
order to persuade schools to live up to high standards, serious 
consequences were needed for schools that failed to improve. 
Republicans in particular emphasized the need for tough financial 
sanctions. The risk of losing funds, they argued, is an appropriate and 
necessary incentive to achieve high performance.
  This emphasis on accountability is not new. It was also the hallmark 
of welfare reform, and the Senate has applied the same principle to 
many other programs as well. Over and over, our Republican friends have 
argued that increased accountability is the way to produce responsible 
behavior.
  It is ironic that some of those who have called for accountability 
most vigorously in these other debates now oppose accountability for 
HMOs and health insurance companies when their misconduct seriously 
injures patients. It is irresponsible to suggest that HMOs and 
insurance companies should not face serious financial consequences when 
their misconduct causes serious injury or death. If ever there was a 
need for accountability, it is by those responsible for providing 
medical care.
  The consequences can be extremely serious when an HMO or an insurer 
denies or indefinitely delays access to essential medical treatment. It 
can literally be a matter of life and death. Yet there is overwhelming 
evidence that access to care is being denied in many cases for 
financial, not medical, reasons.
  And after five years of debating this issue, we've finally reached 
the point where very few Senators will come to the floor and openly 
claim that HMOs and health insurers should not be held accountable in 
court when they hurt people. These corporations desperately want to 
keep the immunity that they currently have, immunity that no other 
business in America enjoys. But the HMOs and insurers have behaved so 
irresponsibly and hurt so many people that they are finally in danger 
of losing it. Too many children have died, too many families have 
suffered, for even the HMOs' closest allies to stand here and say that 
they do not need to be held accountable.
  So instead, the HMOs' multi-million dollar lobbyists and their allies 
in Congress have devised a strategy for killing this legislation 
without directly questioning the need to hold HMOs accountable. Indeed, 
some of those who repeatedly called for accountability in other areas 
are the very same members who are searching for ways to enable these 
companies to escape accountability when their misconduct seriously 
injures people.
  The pending amendment by Senator Gramm is a perfect example of this 
strategy of collateral attack--an attempt to kill this legislation by 
distorting what it would actually do, and by seeking to turn the focus 
away from HMO misconduct. Those supporting the Gramm amendment claim 
that all employers are endangered by this legislation. Such claims are 
wrong. The vast majority of employers who provide health care merely 
pay for the benefit. They do not make medical judgments, they do not 
decide individual requests for medical treatment. Thus, under our 
legislation, they have no liability. The only employers who would be 
liable are the very few who step into the shoes of the doctor or the 
health care provider and make final medical decisions. Our legislation 
only allows employers to be held liable in court when they assume the 
role of the HMO or the health insurance company.
  By completely exempting employers from all liability no matter how 
closely tied the employer is to an HMO and no matter how severe the 
employer's misconduct, Senator Gramm's proposal aims to break the link 
of accountability in this bill.
  President Bush stated in the ``Principles'' for the Patients' Bill of 
Rights which he issued on February 7th: ``Only employers who retain 
responsibility for and make final medical decisions should be subject 
to suit.'' That is consistent with what our bill does. But Senator 
Gramm's amendment is directly at odds with the President's principle. 
The Gramm amendment would mean that ``employers who retain 
responsibility for and make final medical decisions'' could not be 
sued.
  I'm surprised that the Senators from Texas would propose such an 
extreme approach--eliminating all accountability for employers no 
matter what they do. Under their proposal, employers are never held 
accountable, period, even if an employer causes the death of a worker's 
child by interfering in medical decisions that should have been made by 
doctors.
  The Gramm amendment is a poison pill designed to kill this 
legislation. Not only does it absolve employers of liability regardless 
of how egregious their conduct, it also creates a loophole so enormous 
that every health plan in America would look for a way to reorganize in 
order to qualify for the absolute immunity provided by the Gramm 
amendment. Senator Gramm creates a safe harbor so broad that it will 
attract every boat in the fleet.
  We all know what would happen if this amendment became law. HMO 
lawyers would craft contracts that enable them to be treated as 
employees of the companies they serve, so HMOs could

[[Page 11821]]

take advantage of Senator Gramm's absolute immunity. Other employers 
would turn to self insurance as an obvious way to avoid accountability 
for the actions of their health plans.
  Health insurance companies would rework their contracts to give 
employers the final say on benefit determinations in order to take 
advantage of this shield from accountability.
  Today fewer than 5 percent of employers assume direct responsibility 
for medical decisions on behalf of their employees. But if the Gramm 
amendment became law, the share of employers taking on these decisions 
would grow enormously. By providing absolute immunity from 
accountability, the Gramm amendment creates a strong incentive for 
employers to intervene in medical decisions, despite the fact that most 
employers are not qualified to do so.
  Employers and HMOs are free to negotiate any relationship they want, 
and that relationship can be detailed in writing, or it can be detailed 
in informal ``understandings'' that workers never get to see. What the 
Gramm amendment does is leave families completely vulnerable to the 
most unscrupulous HMOs and employers.
  For example, an employer could demand that an HMO call it for 
approval before allowing any treatment that would cost over a certain 
amount, compromising the patient's privacy and enabling the employer to 
make medical decisions based on cost alone. The Gramm amendment would 
completely shield an employer who causes grave injury or death in this 
way, and the HMO might also escape liability because it could show that 
the employer alone made the final decision.
  Subtler employers could instruct their HMOs to delay or complicate 
the treatment approval process for certain kinds of medical care or for 
certain employees. The Gramm amendment would allow an employer to 
require its HMO to send it all requests for mammograms, and the 
employer would not be accountable if it chose to delay or deny a 
request for a mammogram that would have timely detected breast cancer. 
The same employer practice can interfere with many diagnostic and 
treatment decisions.
  As Judy Lerner discovered, there is no end to the irresponsible 
behavior of some unscrupulous employers. Ms. Lerner worked in Boston 
for over two decades as a consultant in a human resources firm that 
self insured, and she relied on the health benefits that the company 
provided. But when she broke her leg in several places and endured 
emergency surgery, the company simply stopped helping with her medical 
bills, agreeing only to pay for crutches. Despite her doctors' vigorous 
arguments for continued home medical care, the company abandoned her. 
The Gramm amendment would leave all employees like Ms. Lerner 
vulnerable after they have been told that their medical bills would be 
covered at the time they accepted employment and begin working hard. 
The Gramm amendment allows employers to deny necessary medical 
treatment any time it suddenly becomes too costly or inconvenient, 
regardless of how much the employee has relied on that coverage.
  Most employers, of course, would not find it morally acceptable to 
intervene in medical decisions against their employees. But if I were a 
small business owner, I wouldn't want to compete in the environment 
created by the Gramm amendment because it gives the worst employers an 
economic incentive to cut corners on employee health care and frees 
them from all accountability when they do so. It would create an uneven 
playing field, allowing unscrupulous employers to gain a business 
advantage over their honorable competitors.
  As the President says, ``employers who retain responsibility for and 
make final medical decisions should be subject to suit.'' That is what 
President Bush wants, and that is what we want to accomplish. I am 
confident that the McCain-Edwards language accomplishes this, but I 
remain open to other ideas for writing President Bush's principle into 
law.
  Under our language, employers have no liability as long as they do 
not make decisions about whether a specific beneficiary receives 
necessary medical care. The only employers who can be brought into 
court are the very few who step into the shoes of the doctor or the 
health care provider and make final medical decisions.
  Our bill does not authorize suit against an employer or other plan 
sponsor unless ``there was direct participation by the employer or 
other plan sponsor.'' ``Direct participation'' is defined as the 
``actual making of such decision or the actual exercise of control'' 
over the individual patient's claim for necessary medical treatment.
  Our bill directly protects employers from liability by stating: 
``Participation . . . in the selection of the group health plan or 
health insurance coverage involved or the third party administration'' 
will not give rise to liability; ``Engagement . . . in any cost-benefit 
analyses undertaken in connection with the selection of, or continued 
maintenance of, the plan or coverage'' will not give rise to liability; 
``Participation . . . in the design of any benefit under the plan, 
including the amount of co-payment and limits connected with such 
benefit'' will not give rise to liability. Our language is clear. As 
long as the employer does not become involved in individual cases it is 
immunized from suit.
  Employers are very well protected by our legislation as it is 
written. We are pleased to consider other strategies for accomplishing 
President Bush's principle on this issue, but the loophole that the 
Texas Senators propose fundamentally contradicts the President's 
principle and ours.
  Senator Snowe and others are working on language to codify that 
principle, and I am looking forward to seeing their ideas.
  The Gramm amendment is exactly the wrong medicine for America. It 
deserves to be soundly defeated for the sake of a level playing field 
for all employers, and for the good health of employees and their 
families.
  Mr. President, I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mr. BUNNING. Mr. President, I will take the time Senator Gramm has 
and yield myself as much time as I may consume.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BUNNING. Mr. President, I rise in strong support of the Gramm 
amendment and ask unanimous consent to be listed as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BUNNING. Today in the United States we do not mandate that any 
employer or business provide health insurance. We do not force them to 
buy it for themselves or their employees. We let the employer make this 
decision.
  And employers all across the United States do provide health care 
insurance that covers over 160 million people. These employers do not 
have to provide that health care. They do this voluntarily for a number 
of reasons. Some actually do it because they care about their 
employees, but most do it because it is good business--it helps attract 
employees to come to work for them. But regardless of why these 
employers offer health benefits, the important factor is that they do 
this voluntarily.
  There is no employer mandate in America. We had that debate in 1994 
during the argument about the Clinton health bill, and it was clear 
that everyone--the American people and American business--wanted to 
keep our voluntary system. But if the bill before us today becomes law, 
that could all change.
  In spite of what the Senator from Massachusetts said, businesses--big 
and small--all over America would stop offering health insurance 
benefits to their employees. And the reason they would stop can be 
summed up in one word--lawsuits.
  The simple fact is that the Kennedy-McCain bill would expose 
employers who provide health care insurance coverage to their employees 
to lawsuits. I have heard some supporters of this bill claim that 
employers are protected from lawsuits in this bill. We just heard the 
good Senator from Massachusetts say that. They say that this

[[Page 11822]]

bill protects our current system. They point out that on page 144 of 
the Kennedy-McCain bill that there is a section in bold headline that 
reads: ``Exclusion of Employers and Other Plan Sponsors.'' But what 
they don't tell you is that on the very next page the bill reads, as 
clear as day: ``. . . A Cause of Action May Rise Against an Employer . 
. . .'' After that there are four pages explaining when an employer can 
be sued.
  That means that while this bill does exclude suits against doctors 
and hospitals and other providers, it does not exempt suits against 
employers who purchase health insurance. In fact, the bill exposes 
employers who provide health care insurance to both State and Federal 
lawsuits. It exposes them to unlimited economic damages, unlimited 
noneconomic damages, unlimited punitive damages in State court, and $5 
million in damages in Federal court.
  Ladies and gentlemen, that is an awful lot of lawsuits.
  I believe that this exposure to liability in the Kennedy-McCain bill 
will scare employers away from providing health insurance. Instead of 
providing coverage, one of two things is going to happen if this bill 
becomes law. Employers are either going to drop their coverage 
altogether or they will give their employees cash or some sort of 
voucher and wish them well in searching for the best deal for 
themselves and their families they can find in health care. This would 
turn our entire health system on its head and would lead to serious 
problems.
  I don't believe anybody in this Chamber really wants that. Instead, I 
urge support for the Gramm amendment. This amendment would apply 
language from the current Texas State law to specifically protect 
employers that provide health benefits from facing lawsuits for doing 
so. It is clear cut. It is a simple solution, but it is very clear in 
its intent.
  For weeks some of my colleagues have been eager to point out that 
Texas has a Patients' Bill of Rights, and some of them even talk about 
this is a model for the Federal legislation. Now we have the 
opportunity to do just this and to ensure that employers cannot be sued 
for doing the right thing--for helping their employees. It is simple.
  We know the bill before us as written will not become law, and the 
expanded employer liability is one of the very tough sticking points. 
Now we have a chance to fix it, to improve the bill, and to make it 
signable.
  I want to vote for a Patients' Bill of Rights, a bill of rights that 
is going to become law. A vote today for the Gramm amendment is a 
critical step in that direction. A vote against the amendment means 
that we will probably just talk about these problems without doing 
anything to change them. I urge my colleagues to vote to protect 
employers and employees alike and support the Gramm amendment.
  We do not want single-payer health insurance in the United States. It 
was proposed in 1994 and soundly defeated. Even though the opponents of 
the Gramm amendment would like to think that this is the reason they 
are opposing it, that it prevents liability, the basic fact is that 
they may want no health care benefit at all and then force the United 
States to have a single-payer plan at the end. We will do anything in 
our power to defeat that.
  I urge a vote on the Gramm amendment and yield back my time.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Tennessee.
  Mr. THOMPSON. Mr. President, I would like to speak on the Gramm 
amendment. I see that neither Senators Gramm nor Grassley are present. 
I understand there is time remaining for Senators Grassley and Gramm. I 
suppose the appropriate thing to do would be to ask for 10 minutes of 
the time on the Gramm amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMPSON. Mr. President, we are proceeding to clear the air on 
this issue, and that is important. It is a very important issue. One of 
the things Senator Grassley pointed out was that this did not go 
through the regular committee process. It is a very complicated bill, 
and we are just now seeing the complications of it; one of those being 
the extent to which employers are liable, employers can be sued.
  Unfortunately, we didn't have a chance to work all that out in 
committee. So now we are here in this Chamber arguing about the 
exposure of employers.
  We are making progress because, when we first started this debate, 
the supporters of the McCain-Kennedy-Edwards bill basically said: We 
were not attempting to go after employers. That is not what this is 
about. Then in the fine print, yes, well, under certain limited 
circumstances.
  I think we know now that there is, indeed, extreme exposure as far as 
employers are concerned and that it constitutes a significant part of 
the effect of this bill. We are making progress. Now we can talk about 
the extent to which employers should or should not have exposure and 
liability.
  We have heard statements today that there are a lot of employers out 
there that will do the wrong thing; that even though they are not 
required to have health insurance for their employees, apparently there 
are employers out there that will set up health care plans and then do 
everything they can to disadvantage their own employees, and that that 
consideration is driving this provision of the bill. So we are, indeed, 
refining the issue; the lines are being drawn.
  The response to the issue of suing employers has always been: Don't 
worry about that. The main thing is we are going after the big bad 
HMOs. You don't have to worry about anything else. When times get 
really tough, we bring out another picture of some poor individual who 
is used to demonstrate the evilness of managed care.
  Our hearts go out to these people. These are people in need. But the 
average observer in America must be watching this and asking 
themselves: Why doesn't the Government just require these people to be 
covered for anything all the time in unlimited amounts? Why doesn't the 
Federal Government just take care of it? Or if the Government doesn't 
want to do it, why don't we make some insurance company pay somebody 
for any claim they make, if it is a real need, at any time for any 
amount? In fact, why didn't we pass the Clinton health care bill a few 
years ago? The average person must be asking: If that is the only 
issue, taking care of sick folks, then why don't we nationalize this 
health care system of ours? That is the logical conclusion of all that 
we have been hearing.
  The answer, of course, is that in public policy matters, there are 
tradeoffs to be considered. There is never just one side of the coin.
  We know, for example, that we set up managed care in this country 
because health care prices were rising up to the point of almost 20 
percent a year. We knew that couldn't be sustained so we put in a 
managed care system. Some HMOs abused that and did some bad things. 
States passed laws. Thirty some States passed laws addressing some of 
these problems. The State of Tennessee has broader coverage than the 
bill we are considering today. It is not as though the States have been 
standing still. They are covered. Health care costs are going back up.
  So here we come and we are going to lay on another plan that, if 
passed in the current form, without question, will drive up health care 
costs again.
  My heart goes out to these poor people who are being used in this 
debate to demonstrate the necessity for the passage of this 
legislation. But I want to refer to a group of individuals myself. In 
fact, I want to refer to 1.2 million individuals. I don't have the 
space or the time or the resources to bring in pictures of the 1.2 
million people who, the most conservative estimates say, will be thrown 
off of insurance altogether if this bill passes.
  The Congressional Budget Office says that at a minimum--and there are 
other estimates, but that is the lowest one I have seen--1.2 million 
people will lose insurance altogether. Who is going

[[Page 11823]]

to bring their pictures in here to demonstrate to the American people 
that they are disadvantaged by the bill we might pass that will drive 
health care costs up so great that these small employers that some 
would like to demonize or large ones, for that matter, that some would 
like to demonize don't have to provide health care at all?
  What is going to keep them from just saying, as has been pointed out 
this morning, that the costs are too great, the liability is too great? 
We want to do the best we can. We are not perfect. We might make 
mistakes. But instead of setting up a system to rectify those mistakes, 
we will be opened up to unlimited lawsuits at any time, anywhere in the 
country, in any amount. Why should we have that aggravation? Why not 
just give the employees X number of dollars and say, you take care of
it--and they may or may not take care of it with that money--or if you 
are a small employer, to drop insurance coverage altogether. Who is 
going to speak for that 1.2 million people who they say will wind up 
without any insurance at all?
  There won't be any arguments with any HMOs because there won't be any 
insurance at all.
  So the lines have been drawn in this debate. We have people over here 
needing help, needing assistance. We have set up a review process to 
get independent people to look to determine whether or not these 
employers are taking advantage of people. So far so good.
  Then the proponents of this bill want to lay in a system of lawsuits 
on top of that. We draw the line in there and say that, yes, let's have 
an administrative process to see whether or not employers are taking 
advantage of folks. Let's have an independent doctor look at it. After 
that, let's not lay on unlimited lawsuits against employers who do not 
provide the health care and expose them to liability, when we say that 
what we are going after is the big bad HMOs. Why expose these people 
who are providing health insurance? They are not providing health care, 
so why expose them to liability?
  The question remains, Do we want to sue employers? Do we want to have 
the right to sue employers or not? The proponents of this bill say yes, 
but only with regard to when they directly participate in 
decisionmaking. This gets a little technical, but it is very important. 
There is a certain resonance of the proposition that if somebody does 
something wrong, they ought to be held accountable. I have tried a few 
cases myself, and I believe in that principle. I think that is right. 
But the problem in the context of this health care debate, which we 
nationalize to a certain extent with ERISA for a portion of the 
population, and now we are going to nationalize the rest of it with 
this bill, the problem is we are setting it up so that, by definition, 
a large group of employers are going to be considered to be directly 
participating because they are self-insured and they have employees who 
are on the front end of these claims processes. They tell me that these 
self-insured plans are some of the best plans that we have. They don't 
go out and hire an HMO. They try to do it themselves, in-house, with 
their own people, looking out for their own employees, who they don't 
have to insure if they don't want to, but they do. I am told that they 
provide more benefits than the other plans. They are some of our better 
plans. But by cutting out the middleman, so to speak, and doing it 
themselves, they are going to be subject to liability under this bill.
  The second point of exposure has to do simply with the fact that 
employers have settlement value. What lawyer worth his salt, if he is 
going to sue anybody along the line here in this process, would not 
include an employer as a part of this lawsuit? An employer has a chance 
of deciding whether or not to go to court and stand on principle 
because he is not liable and spend several thousand dollars defending 
himself or settle up front and pay the other side in order to get out 
of the lawsuit.
  The other side says they don't want to sue employers unless they have 
control. I mentioned direct participation. The other key words are ``or 
control''--to exercise control of the health care plan. The only 
problem with that is under ERISA law, by definition, employers are 
supposed to have control over these plans. So if you just look at the 
definitional sections of the applicable law, on day 1 you have a large 
number of employers that are subject to this lawsuit. So let's not kid 
ourselves about that.
  The first part of this debate was that most employers are not 
covered. Most employers are not covered. Now, we know that is not true. 
The issue now is whether or not they should be. You say, well, what if 
they do something wrong? That is a good point. Why should they be any 
different? Why should they have immunity? We could ask the same thing 
about treating doctors and about treating hospitals and about any 
number of entities around America, including U.S. Senators. Why do we 
have protection for anything we say in this Chamber under the speech 
and debate clause? Is it because we are better than anybody else or 
because we don't ever go over the line and do something wrong or maybe 
even outrageous? No. It is because of the tradeoffs of public policy 
because there are other considerations, just as there are other 
considerations when we lash out and follow our natural instinct to sue 
an employer.
  You are going to drive costs up; you are going to drive people out of 
the system; and you are going to cause more uninsured. Besides, there 
is accountability. There is a sense of the Senate pending today that 
talks about the importance of the independent evaluation that this bill 
creates. The employer doesn't get to make a decision to cut somebody 
off under this bill, and that is the end of it. It goes through an 
independent evaluation process. It goes through an external review 
process. Then, if it is a medical decision, it goes to an independent 
medical reviewer.
  This bill spends pages on pages in setting up these individual 
entities, protecting them, qualifying them, having the Federal 
Government look over their shoulders. They are the final word. If the 
employer is wrong, they are the final word, and they don't have 
anything to do with the employer. There might be some hypothetical 
cases where some evil employer might sneak through the cracks 
somewhere. All I am saying is it is our obligation to consider both 
sides of this coin. If in trying to do that, if in trying to reach that 
hypothetical extreme case we drive up health care costs and we drive 
small employers out of the health care business and we do wind up with 
over a million more people uninsured, we are making a bad bargain.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. KENNEDY. How much time remains?
  The PRESIDING OFFICER. The Senator controls 37\1/2\ minutes.
  Mr. KENNEDY. I will yield myself 2 minutes. I want to remind my good 
friend from Tennessee when he talks about the issues of cost, that we 
have heard this issue raised before by the Chamber of Commerce 
regarding family and medical leave. They estimated that its cost would 
be $27 billion a year. It has been a fraction of that. I don't hear 
Members wanting to repeal it. We heard about the issue of cost when we 
passed Kassebaum-Kennedy, which permits insurance portability, and is 
used particularly by the disabled. We heard that Kassebaum-Kennedy was 
estimated to cost tens of billions of dollars. That cost has not 
developed. Nobody is trying to repeal it.
  We heard about costs when we passed an increase in the minimum wage. 
We heard that it would lead to inflation and lost wages. We have 
responded to that. The cost issue has always been brought up.
  I will remind the Senator that we have put in the Record the pay for 
William McGuire and United Health Group, the largest HMO in the 
country. The total compensation is $54 million and $357 million in 
stock options for a total compensation of $411 million per year. That 
is $4.25 per premium holder. The best estimate of ours is $1.19, and 
you get the protections. We can go down the list of the top HMOs they 
are making well over $10 million a year

[[Page 11824]]

and are averaging $64 million in stock options. We could encourage some 
of those who want to do something in terms of the cost, to work on this 
issue, Mr. President.
  In the 1970s, we welcomed, as the principal author of the HMO 
legislation, the opportunity to try to change the financial incentives 
for decapitation, to keep people healthy. There would be greater 
profits for HMOs. It is a good concept. To treat people and families 
holistically is a valid concept and works in the best HMOs.
  What happened is that HMOs, and in many instances, employers, started 
to make decisions that failed to live up to the commitment they made to 
the patient when the patient signed on and started paying the premiums. 
That is what this is about. The patient signs on and says: I am going 
to have coverage if I am in a serious accident. Then we have the 
illustration of the person who broke their leg and the employer said: 
Absolutely not. We are cutting off all assistance. That person was left 
out in the cold.
  There is no reason to do that. The only people who have to fear these 
provisions are those employers that make adverse decisions with regard 
to an employee's health. It seems to me they should not be held free 
from accountability any more than anyone else should be.
  How much time remains? I yield 12 minutes to the Senator from North 
Carolina and that will leave me how much?
  The PRESIDING OFFICER. Twenty-two minutes.
  Mr. KENNEDY. I yield the Senator from North Carolina 15 minutes.
  The PRESIDING OFFICER. The Senator from North Carolina is recognized.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent to speak after 
the Senator from North Carolina.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. EDWARDS. Mr. President, I want to speak to some of the concerns 
and comments that have been made by my friend and colleague from 
Tennessee with whom I have been working over the course of the last few 
days on this issue. There are a couple of issues he raised that deserve 
a response.
  First is the general notion that an appeals process, before going to 
court, is adequate in and of itself. There are two fundamental problems 
with that logic. Remember, the way the system works under both pieces 
of legislation is if an HMO denies care to a patient, they can go 
through an internal appeal. If that is unsuccessful, they can go to an 
external appeal. If that does not resolve the issue and they are hurt, 
they can then go to court.
  There are two reasons the appeal by itself does not resolve the 
issue.
  An HMO says to a family: We are not going to allow your child to have 
this treatment. The child then suffers an injury as a result, and a 
week later, or however long it takes to complete the appeals process, 
the HMO's decision is reversed by an appeals board.
  An independent review board says: Wait a minute, HMO, you were wrong 
to start with. Unfortunately, the only thing that independent review 
board can do is give that child the test they should have had to start 
with, but the child has already suffered a serious permanent injury as 
a result. The treatment no longer helps.
  The problem is if the HMO decides on the front end they are not going 
to pay for some care that should be paid for, and the child is hurt as 
a result, and then 1 week or 2 weeks later the appeals board reverses 
that decision and says, yes, they are going to order the treatment, 
this child has nowhere to go and their family has nowhere to go.
  That is the point at which--and I think the Senator and I may agree 
on this--we believe the HMO should be held accountable. The independent 
review board cannot fix the problem where the child has been injured 
for life. The HMO that made the decision, just as every entity in this 
country, should be held responsible and accountable for what they did. 
That is what we believe. We believe in personal responsibility.
  The second reason the appeals process by itself does not solve the 
problem: If there is nothing beyond the appeal, it creates an incentive 
for the HMO, which is what I am talking about, to have a policy of when 
in doubt, deny the claim because the worst that is ever going to happen 
is they are going to finish this appeals process and some appeals board 
is going to order them to pay what they should have paid to start with. 
If they take 1,000 patients for a particular kind of treatment and deny 
care to those 1,000 patients, the majority of them are never going to 
go through an appeal, so they save money. Then they go through the 
appeal and the worst that can ever happen to them is with 30 or 40 of 
them, an appeals board orders them to go back and pay what they should 
have paid.
  The problem is fundamental. The appeals process alone does not create 
an incentive for the HMO to do the right thing.
  On the other hand, if the HMO knows if they make an arbitrary 
wrongful decision and somebody is hurt as a result, injured as a 
result--if that child suffers a permanent injury as a result--they can 
be held responsible for that as everybody else who is held responsible, 
then it creates an enormous incentive for the HMO to do the right 
thing.
  That is what this legislation is about. Senator McCain, Senator 
Kennedy, and I structured this legislation to avoid cases having to go 
to court, to create incentives for the HMO to do the right thing, 
something they are not doing in many cases around the country now.
  The problem is, without both the appeals and the possibility of being 
held responsible down the road, we do not create the incentive for the 
HMO to do the right thing. We know that today around the country many 
families are being denied care they ought to be provided by an HMO.
  There are fundamental reasons the system is set up the way it is. It 
is all designed not to get people to court and not even to get people 
into an appeals process but to get the patient the correct care, to get 
them the care for which they have been paying premiums.
  Mr. THOMPSON. Will the Senator yield for a question?
  Mr. EDWARDS. Yes.
  Mr. THOMPSON. I thank the Senator for addressing the issues I raised, 
and I ask this as a legitimate point of inquiry and not just a debating 
point.
  Mr. President, it occurs to me with regard to the Senator's first 
point, and that is coverage might be denied initially but later 
overruled, and in the interim--I think he used the example of a small 
child again--a child might be suffering damage, does not ERISA 
currently provide injunctive relief? It allows a person under those 
circumstances to go into Federal court for mandatory injunctive relief, 
and would that not address the concern the Senator has?
  Mr. EDWARDS. I thank the Senator for his question. It is a perfectly 
fair question. The problem, of course, is that many times it could be a 
situation where it would take entirely too long to go to court and get 
injunctive relief. When there is a situation where they have to make a 
decision about a family member, whether it be a child or an adult, and 
the HMO says they are not paying for the care, and they are in the 
hospital, the last thing they are going to be talking about is: I need 
to hire a lawyer, go to court, and get injunctive relief. What they 
need is care at that moment, and in many cases, as the Senator knows 
from his personal experience before coming to the Senate, during the 
interim, during that short period of time, that window of opportunity 
to provide the care to that patient who may be hospitalized or may not 
be hospitalized is the critical time.
  Mr. THOMPSON. If the Senator will----
  Mr. EDWARDS. Excuse me. It is impossible during that period of time 
to get injunctive relief against an HMO, and I might add, the last 
thing in the world a family is thinking about when they have a member 
of their family who is in trouble and needs health care is going to 
court to get an injunction. Now I yield.
  Mr. THOMPSON. I thank the Senator. I could not agree more with that

[[Page 11825]]

last point. However, my experience has been that injunctive relief is 
designed by nature for very rapid consideration. You can get very rapid 
consideration, but you do have to go to court to get it.
  My question is, If we are not going to avail ourselves or require 
claimants to avail themselves of the processes if they believe they 
have been wronged, does that not necessarily lead to the conclusion 
that we must grant all claims?
  How does a person considering a claim know which one--let's assume 
they are dealing in good faith. In every case where there is an injury 
or potential injury going to occur, is the logical conclusion that we 
should see to it that all claims are granted regardless of whether or 
not the person considering the claim thinks it is clearly not covered 
under the agreement?
  If we do not go through the processes that are in law for people to 
avail themselves and to show to an independent arbiter or judge that 
their claim is meritorious, if we say we do not have time for that, 
then doesn't that mean we have to grant all of them?
  Mr. EDWARDS. Reclaiming my time, my response to the Senator's 
question is simple and common sense. For a family in a bad situation 
needing medical care immediately, the last thing in the world they are 
thinking of is hiring a lawyer, going to court and trying to get an 
injunction. The Senator well knows that process by itself can take 
enough time for something serious to happen in the interim.
  As to the second issue the Senator raises, all we are saying in our 
legislation, in the structure of our system--internal appeal/external 
appeal--if that is unsuccessful and there has been a serious injury, 
they can be treated and taken to court the same as everyone else. We 
expect the HMO, which, by the way, is in the business of making these 
health care decisions, although of course not to cover absolutely 
everything, to make reasonable, thoughtful judgments about what is 
covered and what should not be covered.
  Now back to the issue of employer liability. First of all, the answer 
to the Gramm amendment is that it is inconsistent with what the 
Republican President of the United States has said regarding our bill 
and the President's principle: ``Only employers who retain 
responsibility for and make final medical decisions should be subject 
to suit.'' This is the President's written principle. That is the way 
our bill is designed, that only employers engaged in the business of 
making individual medical decisions can have any liability or any 
responsibility.
  With that said, we are working, as I speak, with colleagues, 
Republicans and Democrats across the aisle, to fashion language that 
accomplishes the goal of protecting employers while at the same time 
keeping in mind the interests of the patient.
  There are other legitimate issues raised. For example, one argument 
that has been made is that employers may be subjected to lawsuits they 
do not belong in, and there is a cost associated with being in those 
cases for too long. We are working as we speak to create better 
language, better protection for employers so there is no question that 
employers, No. 1, can be protected from liability, and No. 2, if they 
are named in a lawsuit improperly, they don't belong in the lawsuit and 
shouldn't be named, they have a procedural mechanism for getting out 
quickly.
  The truth is, the Gramm amendment is way outside the mainstream. All 
the work that has been done on this issue, including the work we are 
doing with our colleagues, both Republicans and Democrats, is a way to 
fashion a reasonable, middle of the road approach that provides real 
and meaningful protection to employers without completely eliminating 
the rights of patients. That is what we have been working on. We are 
working on it now and are optimistic we can resolve that issue.
  Mr. KENNEDY. Will the Senator yield?
  Mr. EDWARDS. Yes.
  Mr. KENNEDY. I yield another 2 minutes. Does not the Senator agree 
that the majority of employers now are doing a good job and are not 
interfering with these medical decisions?
  Mr. EDWARDS. Absolutely.
  Mr. KENNEDY. At the present time, a small number of employers are 
interfering with medical decisions. If the Gramm amendment is accepted, 
this will put the good employers at a serious disadvantage in 
competition with others, does he not agree? Would not the others be 
able to formulate a structure so they could effectively cut back on 
excessive costs for the health care system for their employees, while 
the good ones who are playing by the rules would be put at a rather 
important competitive disadvantage? Does the Senator not agree that for 
the employers working within the system and playing by the rules, this 
is an invitation to change their whole structure and to be tempted to 
shortchange the coverage and protection for their employees?
  Mr. EDWARDS. In response to the question, the answer is, of course we 
believe employers, the vast majority of employers, care about their 
employees and want to do the right thing. Our legislation is 
specifically designed to protect those employers, just as the President 
of the United States has suggested needs to be done.
  What we have done in this legislation, what the President has 
suggested, and in the work that continues as we speak on additional 
compromise language, all is aimed at the same principle and the same 
goal.
  This amendment is outside that mainstream--different from our 
legislation, different from the principle established by the President 
of the United States, and different from the compromise that is being 
worked on at this moment.
  I remain optimistic we will be able to reach a compromise that 
provides real and meaningful protection to the employers of this 
country we want to protect. We have said that from the outset. We stand 
by it. We want to protect them.
  If I may say a couple of things about the issue of costs which was 
raised a few moments ago, the CBO has not said anybody will become 
uninsured as a result of this legislation. What the CBO has said is 
there will be a 4.2-percent increase in premiums over 5 years because 
of our legislation and a 2.9-percent increase if the competing 
legislation passes, roughly 4 percent versus roughly 3 percent. The 
difference between these two pieces of legislation on cost is a very 
minuscule part related to litigation. I think the difference is less 
than half of 1 percent related to litigation. Rather, the differences 
are related to quality of care. If people get better access to clinical 
trials, better access to specialists, better emergency room care, a 
more enforceable and meaningful independent review process, if those 
things occur, there is a marginal cost associated with it.
  We have real models. We don't have to guess about what will happen. 
Those models are Texas, California, and Georgia. In those States, the 
number of uninsured, while the patient protection laws have been in 
place, has gone down, not up. We have some real, although short term, 
empirical evidence about what happens when this patient protection is 
enacted.
  We have to be careful. A lot of arguments being made are the same 
arguments that have been made by HMOs for years to avoid any kind of 
reform, to avoid any kind of patient protection. We are working in this 
legislation to give real protection to somewhere between 170 and 180 
million Americans who are having problems with their HMO. We want to 
put the law on the side of patients and doctors instead of having 
health care decisions made by insurance company bureaucrats.
  The PRESIDING OFFICER. The time yielded has expired.
  Mr. EDWARDS. I ask to be yielded another 5 minutes.
  Mr. KENNEDY. How much time remains?
  The PRESIDING OFFICER. The Senator from Massachusetts controls 17 
minutes.
  Mr. KENNEDY. I yield 5 minutes to the Senator from North Carolina and 
the Senator from Arizona the remaining time.

[[Page 11826]]

  The PRESIDING OFFICER. The Senator from North Carolina is recognized.
  Mr. EDWARDS. Mr. President, in summary, let me speak to the two 
amendments we will next be addressing. First, the Gramm amendment is 
outside the mainstream, outside what the President of the United States 
has suggested, outside of what we have in our legislation, and outside 
of what we are working on with Senators from across the aisle.
  Second, as to the Grassley motion to commit, the problem is it sends 
it back to a number of committees and slows down the process. We need 
to do something about this issue and quit talking about it. The 
American people expect us to do something about it. Thousands of 
Americans each day are losing access to the care they have, in fact, 
paid for while this process goes on. We need to get this legislation 
passed and do what we have a responsibility to do for the American 
people. This is an issue on which the Senate, the House, and the 
American people have reached a consensus. It is time to act. As to 
these two vehicles, I urge my colleagues to reject them.
  Finally, I will talk about the story of a young woman in North 
Carolina. Her name is Shoirdae Henderson, from Apex, NC. At the age of 
12 she was diagnosed with a rare hip condition. It made it difficult 
for her to walk. The Henderson family's HMO sent Shoirdae to a hospital 
to see specialists about her problem. The specialist in this HMO-
approved hospital said she needed surgery to keep her hip from fusing 
and having to walk with a limp. Even though the family had taken 
Shoirdae to the HMO specialist, the HMO refused to listen to her 
doctors. They came in with excuse after excuse to keep her from getting 
surgery. Every one of the HMO excuses proved over time to be 
groundless. It looked as if she would finally get the operation her 
doctors had recommended to begin with. Just 2 days before she was 
supposed to have surgery, the HMO told her family they wouldn't pay for 
it. They wanted her to try physical therapy instead. Shoirdae's father 
spent hours dealing with the HMO, as so many families have, trying to 
get his daughter the care the doctors said she needed. He made call 
after call and faxed them. He requested an appeal. He never got an 
answer. The hospital finally had to cancel her surgery as a result.
  After several sessions of physical therapy, another HMO doctor took 
one look at Shoirdae's x rays and sent her back to the hospital. She 
still needed the surgery. The therapy had not worked. In fact, 
Shoirdae's hip had gotten worse--so much worse during all of this time 
that now the doctors told her the surgery wouldn't work. If she had 
gotten the operation her doctors said she needed when they recommended 
it, her hip would not have fused. She might today be able to walk, run, 
and play without a limp. Instead, she walks with a severe limp today 
and she has to wear special shoes because the HMO refused to pay for 
what was obviously needed--the surgery. The HMO refused to do what the 
doctors recommended. In fact, they overruled what the doctors 
recommended.
  Her father wrote to me and said: This has been the most horrible 
experience of my life. Imagine what it has done to my daughter.
  This is what this debate is about. This debate is about the 170 
million to 180 million Americans who have health insurance--HMO 
coverage--but have no control over their health care.
  The HMOs have had the law on their side for too long. It is time for 
us to finally do something to put the law on the side of patients and 
doctors so that the Shoirdaes all over this country, when their doctor 
recommends that they have surgery, can have the surgery they need; when 
the doctor recommends a test, they can have the test they need.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Carnahan). Under the previous order, the 
Senator from Texas is recognized.
  Mrs. HUTCHISON. Madam President, how much time is remaining on the 
side of Senator Grassley and on the Gramm-Hutchison amendment?
  The PRESIDING OFFICER. The Senator from Texas has 9 minutes. Senator 
Gramm has 7\1/2\.
  Mrs. HUTCHISON. Thank you, Madam President.
  I ask unanimous consent that I have 6 minutes allocated--4 minutes 
from Senator Grassley's time and 2 minutes from Senator Gramm's time. 
It is my intention to yield 4 minutes to Senator Nickles of my 6 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Will the Chair notify me at the end of 2 minutes?
  Madam President, I want to speak on behalf of the Grassley motion 
which would send this bill to committee so that it could be marked up 
and fully debated because while we have had great debate, bypassing the 
committee process I think has caused us to have to write the bill in 
this Chamber. I don't think that is a good way to pass legislation.
  I think we all want to have a Patients' Bill of Rights that is well 
vented and well debated and that we know will have the intended 
consequences because the last thing we want to do is have unintended 
consequences when we are talking about the health care of most 
Americans.
  I hope we can commit the bill to bring it back in a better form.
  Second, I hope people will support the Gramm-Hutchison amendment 
because this is the Texas law. Senator Harkin, on a news program this 
weekend, said: I would love to have just the Texas law for the entire 
Nation. The Gramm-Hutchison amendment is the Texas law verbatim when it 
applies to suing a person's employer because what we don't want to do 
is put the employer in the position of standing for the insurance 
company. The employer wants to be able to offer insurance coverage to 
their employees. But if they are going to be liable for a decision made 
by the insurance company and the doctors, then they are put in a 
position that is untenable. What we want is health care coverage where 
the decisions are made by the doctors and the patients.
  The Senator from North Carolina had a picture of a lovely young 
woman. He said: This is what the debate is about. It is what the debate 
is about.
  The Breaux-Frist plan would definitely address her concerns because 
it would give her the care she needs rather than going directly for a 
lawsuit and possibly delaying the health care she needs--and for other 
patients.
  Madam President, I ask my colleagues to support the Gramm-Hutchison 
amendment and support the Grassley motion. Let's get a good bill that 
will have the effect of increasing coverage in our country and not 
decreasing it.
  Thank you, Madam President. I yield 4 minutes to Senator Nickles.
  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. NICKLES. Madam President, I thank my friend and colleague from 
Texas, Senator Hutchison, for her comments. I also wish to thank the 
Senator from Texas, Mr. Gramm, for his leadership on the amendment, as 
well as Senator Thompson.
  I hope employers around the country have been watching this debate. I 
have heard some of the proponents of the underlying McCain-Kennedy-
Edwards measure say: It is not our intention to sue employers. We don't 
want to do that. No. We will try to fix it. I have even heard on 
national shows that: We don't go after employers under our bill. On the 
``Today Show,'' a nationally televised show, Senator Edwards on June 19 
said: Employers cannot be sued under our bill. That was made on June 
19. Senator Harkin yesterday said: I would love to have the Texas law 
for the entire Nation.
  The Texas law that Senators Gramm and Hutchison have quoted says: 
This chapter does not create any liability on the part of an employer 
or an employer group purchasing organization. There is no liability 
under Texas law. Senator Edwards said: We don't sue employers. But if 
you read the bill, employers beware; you are going to be sued.
  The only way to make sure employers aren't sued is to pass the Gramm 
amendment. To say we are not going to sue employers, but, wait a 
minute, if they had direct participation, and you

[[Page 11827]]

take several pages to define direct participation, what you really find 
is that if any employer meets their fiduciary responsibilities, they 
will have direct participation. In other words, employers can be sued 
for unlimited amounts, with no limit on economic damages and no limit 
on noneconomic damages. That means no limit on pain and suffering. That 
is where you get the large jury awards. You can be sued for that amount 
in Federal court. You can be sued for that amount in State court with 
no limits--with unlimited economic and noneconomic damages.
  Employers beware. If you want to protect employers, vote for the 
Gramm amendment.
  You always hear people say: Oh, we want to go after the HMOs; they 
are exempt from liability, and so on. But it is not our intention to go 
after employers.
  Employers are mentioned in this bill, and they are liable under this 
bill.
  There was action taken in the bill to protect physicians. There is a 
section exempting physicians. There is a section exempting hospitals 
and medical providers. We are exempting them but not employers.
  Senator Harkin said, We want to copy the Texas law nationwide. Texas 
exempted employers. We can do that today. You can avoid going back to 
your State and having your employer saying, Why did you pass a bill 
that makes me liable for unlimited damages? You can vote for this 
amendment and protect employers. You can vote for this amendment and 
not only protect employers but employees because when employers find 
out they are liable for unlimited pain and suffering and economic and 
noneconomic damages, the net result is, unfortunately, a lot of 
employees--not employers--will lose their coverage.
  I urge our colleagues to support the Gramm amendment.
  Mr. HATCH. Mr. President, I rise in favor of the Grassley motion to 
commit this legislation to the Finance Committee, the HELP Committee 
and the Judiciary Committee.
  The legislation before this body is one which will have an enormous 
impact on medical providers, the health insurance industry, employers 
and, most important, the patients. As the ranking Republican of the 
Senate Judiciary Committee, I have serious concerns with the liability 
provisions of this bill and how they will be impact employers, medical 
providers and patients. The McCain-Kennedy bill creates new causes of 
action, changes the careful balance of ERISA's uniformity rules, and 
has potential new adverse implications on our judicial system. 
Moreover, the liability provisions have been crafted without the 
benefit of appropriate and necessary review of the appropriate 
committees of jurisdiction. My colleagues, this is not the way to 
legislate. At the very least, the Judiciary Committee should be 
afforded the opportunity to review the liability provisions that will 
clearly have a major impact on our legal system.
  Just a few months ago, when the bankruptcy reform legislation was 
brought to the Senate floor under rule 14, the legislation had been 
considered by the Judiciary Committee, the entire Senate and a 
bipartisan conference committee over the last 6 years. However, 
Democrats raised objections then that the bill needed to be reviewed by 
the Judiciary Committee before consideration on the Senate floor. As a 
result, we followed regular order and the committee reviewed the bill 
after which it was sent to the Senate floor for consideration.
  Now the tactics of my friends on the other side is to bypass the 
committees altogether which is exactly what they vocally opposed on 
bankruptcy reform legislation just a few months ago. Moreover, we now 
have the third iteration of the liability provisions which is less than 
a week old. Clearly, the legal ramifications of these provisions are 
not well known, and I think it would be in the best interest of this 
legislation to craft language that is truly going to help patients 
which we all have been saying is our No. 1 priority.
  The provisions in the McCain-Kennedy legislation make sweeping 
changes that will affect our judicial system. This bill changes Federal 
law and permits various causes of action in both State and Federal 
courts. It also changes the rules governing class action lawsuits, as 
well as impacting punitive damages all the while exposing new classes 
of individuals to open-ended liability.
  I want to emphasize that these are all critical important, legal 
issues that must be considered carefully. The regular process of the 
Senate should not be circumvented for the political expediencies of my 
friends on the other side. Why rush this important bill through the 
Senate? According to the Congressional Budget Office, this legislation 
will cause premiums to increase by at least 4.2 percent. As a result, 
it is estimated that 1.3 million Americans will lose their health 
insurance because health premiums will become too expensive. Even 
worse, employers benefits altogether for fear of more expanded 
liability exposure under so-called bipartisan Democrat proposal.
  Shouldn't we hear from experts and other legal scholars in an open 
forum before passing such a monumental bill that impacts so many 
Americans? It is very apparent to everyone in this Chamber that the 
trial lawyers have been principally involved in drafting these 
liability provisions and they have done so with their own interest in 
mind. And believe me, as a former medical malpractice attorney, I know 
what their tricks are, and I know what they are trying to do. This 
provisions are simply not in the best interest of the American people.
  Accordingly, I urge my colleagues to support his motion to commit. It 
is incumbent upon us to do this right and to do this in the best 
interest of patients, not trial attorneys. I am confident that with a 
little extra time, we can make these provisions legally sound. We have 
spent far too many years on this issue not to do it right. We have a 
real opportunity to pass meaningful patients' rights legislation. Let 
us not squander this opportunity by acting expeditiously without the 
benefit of more careful and thoughtful review.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Texas.
  Mr. GRAMM. Madam President, could you tell me how much time the two 
sides have?
  The PRESIDING OFFICER. You have 4 minutes and a half. The Senator 
from Massachusetts has almost 12 minutes.
  Mr. GRAMM. Madam President, I would like my amendment to close out 
the debate.
  Does Senator Grassley have time?
  The PRESIDING OFFICER. He has 5 minutes. You have 9 minutes. The 
Senator from Massachusetts has 12 minutes.
  Mr. GRAMM. Let me just allow the majority to go ahead.
  Mr. McCAIN. I say to the Senator from Texas, I think it is perfectly 
reasonable for you to have the last 5 minutes.
  I ask the Presiding Officer that one of us be recognized so that the 
Senator from Texas has the final 5 minutes.
  The Senator from Iowa wants----
  Mr. GRASSLEY. Two minutes.
  The PRESIDING OFFICER (Mr. Reid). Did the Senator from Arizona 
propose a unanimous consent request that the Senator from Texas have 
the final 5 minutes?
  Mr. KENNEDY. And that the Senator from Iowa have 2 minutes.
  Mr. GRASSLEY. I thank my colleagues.
  The PRESIDING OFFICER. Without objection, it is so ordered. That will 
be the order.
  Mr. GRASSLEY. Mr. President, I have spoken twice on the issue of 
committing this legislation to the committees to express the point of 
view that there is a lot of turmoil in working out compromises on the 
floor of the Senate. That is not a very good way to draft a piece of 
legislation.
  If the leadership had not immediately brought this bill to the Senate 
Chamber, and the committees had done their work, this bill would have 
been handled in a much more expeditious way, but, more importantly, it 
would have been in a way in which we would have had a lot of confidence 
in the substance of the legislation, with a lot

[[Page 11828]]

fewer questions asked. I think when people see a product from the 
Senate, they want to make sure that product is done right.
  So I offer to my colleagues the motion and hope that they will vote 
yes on the motion to commit the legislation to the respective 
committees--Health, Education, Labor; Judiciary; and Finance--for the 
fair consideration of this legislation and a final, good product that 
we know serves the best interests of the people, which obviously is to 
make sure that everybody is protected with a Patients' Bill of Rights.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Arizona is now recognized.
  Mr. McCAIN. Mr. President, I think it is important, because of the 
issue of what is happening or not happening in the State of Texas and 
Texas State law, that I take a few minutes to quote from a letter I 
just received from the President of the Texas Medical Association, Dr. 
Tom Hancher, who also was a key player in the formulation of the 
language and the legislation that passed the State of Texas in 1997.
  I would like to quote from the letter that Mr. Hancher sent me:

       I have been watching the debate over the Patients' Bill of 
     Rights and can understand the confusion over many of the 
     issues. We, in Texas, debated managed care reforms for over 
     two years culminating in the passage of a package of managed 
     care reforms in Texas in 1997. Because Texas' laws have 
     become the basis for evaluating certain aspects of proposed 
     federal reforms, I hope I can help to clarify some areas for 
     you. As Texas Medical Association worked closely with the 
     sponsors of these reforms, including the managed care 
     accountability statute, I would like to offer our experiences 
     on this issue. . . . I will focus on the three areas of 
     primary disagreement--employer exemption, medical necessity 
     standards for independent review, and remedies under Texas' 
     managed care accountability law.
       Much as you are seeing in Washington, our lawmakers were 
     deluged with concerns about employers being legally 
     accountable for the actions of the managed care plan. We 
     believed that this was impossible given the construction of 
     our legislation. Both the definition of a managed care plan 
     and the action of that plan--making medical treatment 
     decisions--prevented such lawsuits from being brought. 
     Nevertheless, the insurers and employers continued to express 
     their concerns that our bill would cost hundreds of citizens 
     their medical coverage because of the fear of litigation.
       We agree with your approach that any entity making medical 
     treatment decisions should be held accountable for those 
     decisions. Texas took a different approach in 1997, however, 
     because we knew that no state law could achieve that goal. 
     ERISA law in 1997 was such that no state law could hold 
     employers of large self-funded plans accountable for actions 
     related to their benefit plans. . . .
       We were certain that small to medium sized employers in our 
     state were providing health benefits through fully insured, 
     state licensed products. Clearly, those employers were not 
     making medical treatment decisions. While it was the intent 
     of the Texas Legislature to hold accountable any entity 
     making medical treatment decisions, it was our belief that 
     because of ERISA, a blanket exemption for employers in a 
     state law would have no practical impact on the large, self-
     funded employers. Therefore, we provided a broad employer 
     exemption primarily to allay the fears of small and medium-
     sized, fully-insured businesses over exposure to legal 
     liability for medical decisions.

  The reason why I quote this is because that is basically the language 
we are using in this legislation.

       The Senate co-sponsor of the managed care accountability 
     bill said it best on the floor of the Texas Senate: ``If an 
     HMO stands in the shoes of the doctor in the treatment room, 
     and stands in the shoes of the doctor in the operating room 
     or the emergency room, then it should stand in the shoes of 
     the doctor in the courtroom.'' It is hard to argue why this 
     philosophy should not apply to anyone making those direct 
     medical decisions, HMOs or the very few employers who do 
     this. Any employer who decides not to make these decisions 
     very clearly is not subject to a lawsuit.
       Our goal in constructing the independent review (IRO) 
     provision of our bill was a simple one: use independent 
     physicians to evaluate disputes over proposed medical 
     treatment. We require these physicians to utilize the best 
     available science and clinical information, generally 
     accepted standards of medical care, and consideration for any 
     unique circumstances of the patient to determine whether 
     proposed care was medically necessary and appropriate. Our 
     standards are virtually identical with the independent review 
     provisions in the McCain/Edwards compromise currently pending 
     before the Senate.

  I repeat, the Texas Medical Association President says: Our standards 
are virtually identical with the independent review provisions in the 
McCain/Edwards compromise currently pending before the Senate.

       Review decisions were to be made without regard for any 
     definition of medical necessity in plan documents. The Texas 
     Department of Insurance reviews the plan contract for 
     specific exclusions or limitations (i.e., number of days or 
     treatments). If there is no specific contract provision to 
     exclude the eligibility for review, the case is submitted to 
     the independent review organization. Medical necessity is 
     often a judgment call. We wanted those judgments made without 
     any conflict of interest. Medical necessity definitions 
     created by plans will likely err in favor of the plan. An 
     IRO's decision should be a neutral one. Using a plan 
     definition would prevent that. Additionally, we do not define 
     ``medical necessity,'' but rather set forth broad standards 
     for reviewers to make an informed decision based upon all 
     available information. . . .
       Finally, there has been a great deal of confusion over 
     damages in personal injury or wrongful death cases in our 
     state. Currently, Texas has no caps on economic or non-
     economic damages. Punitive damages are calculated using the 
     following formula: two times the amount of economic damages, 
     plus an amount not to exceed $750,000 of any non-economic 
     damage award. We chose to treat managed care plans as any 
     other business. Therefore, they are accountable under general 
     tort law and not subject to the cap on damages in wrongful 
     death cases. The limitation on recovery in wrongful death 
     cases applies only to health care entities and is part of a 
     separate section of our law.
       The debate in Texas over patient protections was long, 
     sometimes contentious, and ultimately successful. With over 
     1300 independent reviews (48% upheld the plans' determination 
     and 52% overturned the plans' decision) and only 17 
     lawsuits--

  I want to emphasize: Only 17 lawsuits--

     I am proud of how our laws are working for the people of 
     Texas enrolled in managed care plans. On behalf of my 
     colleagues and our patients, I ask that you not take any 
     action that would undermine what we have done in our state. 
     Best wishes in your deliberations.

  It is signed: Tom Hancher, MD, President of the Texas Medical 
Association.
  I urge all of my colleagues to read this letter from Dr. Hancher. I 
think it lays out the issues surrounding this particular amendment and 
remaining areas of dispute that we might have.
  Mr. President, I cannot support the pending amendment because I 
believe that employers should be held accountable for medical decisions 
they have made if those decisions resulted in a patient's injury or 
death.
  I do not believe employers should be held liable for the decisions 
made by insurers or doctors. Nor do I believe this legislation would 
subject employers throughout the country to a tidal wave of litigation 
as our opponents claim.
  But if an employer acts like an insurance company and retains direct 
responsibility for making medical decisions about their employee's 
health care then they should be held accountable if their decisions 
harm or even kill someone.
  If an employer is not making medical decisions, and very few 
employers do, then they will not be held liable under our legislation.
  Let me repeat--employers will not be held liable or exposed to 
lawsuits if they do not retain responsibility for directly 
participating in medical decisions.
  I keep hearing from opponents of our bipartisan bill that our 
language is vague and would subject employers to frequent litigation in 
state and Federal court. I don't believe this is true.
  Our legislation specifically states that direct participation is 
defined as ``the actual making of [the] decision or the actual exercise 
of control in making [the] decision or in the [wrongful] conduct.'' 
This language clearly exempts businesses from liability for every type 
of action except specific actions that are the direct cause of harm to 
a patient.
  The sponsors of this legislation are willing, however, indeed we 
would welcome an amendment that helps further clarify the employer 
exemptions provided for in the bill. I know that Senators Snowe, DeWine 
and others are working on such an amendment.
  But we cannot, in the interest of greater clarity, give employers a 
kind

[[Page 11829]]

of blanket immunity when they assume the role of insurers and doctors 
by making life and death decisions for their employees. That is what 
the pending amendment would do.
  Let's just step back for a moment and reflect on how the employer 
based health care system is structured and works. An employer contracts 
with an insurer to provide health care coverage for their employees. 
The insurer is then responsible for making the medical decisions that 
go with managing health insurance. That is how the system typically 
works and how employers want it to work.
  Most businesses simply do not make medical decisions. Hank who runs a 
local plumbing company does not tell the HMO his company has contracted 
with, ``We have clogged drains and need Joe Smith back at work. We 
can't afford for him to be laid up waiting for surgery.'' And Hank 
would not be held liable under our bill because he is not practicing 
medicine--he is repairing plumbing.
  Now, I admit there are a small group, of mostly very large companies 
that have chosen to provide insurance to their employees themselves.
  In these small number of cases, employers have made the decision to 
sell plumbing and act as an insurer that makes medical decisions.
  And if the decisions they make harms or kills someone then why should 
they have a blanket exemption from liability as this pending amendment 
would provide them, a blanket exemption that we do not provide doctors 
or nurses or hospitals?
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. Senator McCain and Senator Kennedy have 3\1/2\ 
minutes.
  Mr. KENNEDY. Mr. President, let me yield myself the time. As I 
understand, the Senator from Texas is going to close.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, this legislation is very simple. The 
point of the overall Patients' Bill of Rights is to permit doctors to 
make the final, ultimate decision on what is in the best interest of 
the patient. Doctors, nurses, trained personnel, and the family should 
be making that judgment. However, we find that the HMOs are overriding 
them.
  Now we have put this into the legislation. If it is demonstrated with 
internal and external appeals that a HMO has overridden the doctors, 
they are going to have a responsibility towards the patient. They are 
going to have to give that person, who might have been irreparably 
hurt, or the patient's family, if the patient died, the opportunity to 
have some satisfaction.
  What the Gramm amendment says is, if that same judgment is made by 
the employers, they are somehow going to be free and clear. He can 
distort, misrepresent and misstate what is in this legislation, but we 
know what is in the legislation. What it does is hold the employer that 
is acting in the place of the HMO accountable. If the employer is 
making a medical decision that may harm an individual or patient, or 
may cause that patient's life or serious illness, they should bear 
responsibility. Under the Gramm amendment, they can be free and clear 
of any kind of responsibility no matter how badly hurt that patient is.
  That is absolutely wrong. I can see the case where the HMO is sued. 
The HMO says: Don't speak to me; it was the employer that did it. And 
then the employer says: Look, the Gramm amendment was passed. We are 
not responsible at all. This amendment is another loophole. It is a 
poison pill. It is a way to basically undermine the whole purpose of 
the legislation.
  Doctors and nurses should be making medical decisions and not the HMO 
bean counters who are looking out for the profits of the HMOs. 
Employers should not be making these medical decisions either. They may 
say, every time my employee has some medical procedure that is over 
$50,000, call me, HMO. I don't want to pay more than $50,000. Then the 
HMO calls them up and the employer says, no way, don't give that kind 
of medical treatment to my employee. The HMO listens to the employer, 
the patient does not get that treatment, and dies. Under the Gramm 
amendment, there will be no accountability.
  I hope his amendment is defeated.
  The PRESIDING OFFICER (Mrs. Carnahan). Under the previous order, the 
Senator from Iowa has 2 minutes, followed by the Senator from Texas.
  Mr. GRAMM. The Senator from Iowa has spoken. I assume if we add up 
the time, I have 7 minutes. I would like to take it.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. GRAMM. Madam President, nothing in this amendment has anything to 
do with HMOs. Nothing in the amendment that I have offered would in any 
way exempt any HMO from any liability. Both Senator Kennedy and Senator 
McCain talked about HMO liability. Senator McCain talked about HMOs 
standing in the shoes of doctors. This amendment I have offered is not 
about HMOs.
  Senator Kennedy talks about HMOs escaping liability by blaming it on 
the employer. Nothing in the amendment I have offered in any way would 
allow that to happen.
  The amendment I have offered has to do with employers. Why is this an 
issue? It is an issue because, in America, employers are not required 
to provide health insurance. Employers, large and small, all over 
America provide health insurance because they care about their 
employees and because they want to attract and hold good employees. But 
every employer in America has the right under Federal law to drop their 
health insurance.
  I am concerned, and many are concerned, that employers would be 
forced to drop their health insurance given the liability provisions in 
the bill.
  I have here a number of letters from business organizations endorsing 
my amendment. I send to the desk and ask unanimous consent that these 
letters be printed in the Record: an NFIB letter designating this a 
small business vote; a letter from Advancing Business Technology 
representing the AEA; the National Association of Manufacturers; the 
National Council of Chain Restaurants; the National Restaurant 
Association; and the National Association of Wholesalers and 
Distributors, all letters endorsing the Gramm amendment; and finally, a 
wonderful letter from the Printing Industry of America talking about 
the dilemma they would face if this amendment did not pass.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                              National Association


                                   of Wholesaler-Distributors,

                                    Washington, DC, June 22, 2001.
     Hon. Phil Gramm,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Gramm: Thank you for offering an amendment to 
     S. 1052, the McCain-Kennedy ``Bipartisan Patient Protection 
     Act,'' to shield employers from liability lawsuits authorized 
     by the bill. We write on behalf of the 40,000 employers 
     affiliated with the National Association of Wholesaler-
     Distributors (NAW) to express our strong support for this 
     critically important amendment.
       The vast majority of NAW-affiliated employers voluntarily 
     offer health insurance as an employee benefit. Those employer 
     sponsors of group health insurance benefits are already 
     alarmed by repeated annual increases in health insurance 
     premiums and the growing pressure health insurance costs are 
     placing on their bottom lines. These employers are deeply 
     concerned about the additional premium cost increases with 
     which they will be confronted if the McCain-Kennedy bill 
     becomes law. It is quite clear that many will manage these 
     cost increases by terminating or, at a minimum scaling back, 
     their plans.
       NAW members are further concerned about the exposure to 
     costly lawsuits and liability they will face if the McCain-
     Kennedy bill becomes law and they continue to voluntarily 
     offer health insurance as an employee benefit. Many will 
     manage the newly-acquired risk by terminating their plans 
     altogether.
       The proponents of the McCain-Kennedy bill have repeatedly 
     claimed that S. 1052 shields employers from liability. As you 
     have so clearly demonstrated, it does not, and should S. 1052 
     become law in its current form, the consequence of its 
     failure in this regard will leave many Americans who today 
     benefit from employer-provided medical coverage, without 
     health insurance coverage in the future. This dramatic 
     undermining of our employer-based health insurance system is 
     clearly adverse to the interests of employers,

[[Page 11830]]

     their employees and their employees' families.
       There are other serious weaknesses in the McCain-Kennedy 
     bill with which NAW members are concerned; however, adoption 
     of your amendment will at least mitigate one of the worst 
     excesses of the McCain-Kennedy bill. Therefore, NAW is 
     pleased to support your amendment, and we thank you for your 
     leadership.
           Sincerely,
     Dirk Van Dongen,
                                                        President.
     James A. Anderson, Jr.,
     Vice President-Government Relations.
                                  ____



                              National Restaurant Association,

                                    Washington, DC, June 22, 2001.
     Hon. Phil Gramm,
     U.S. Senate,
     Washington, DC.
       Dear Senator Gramm: As debate continues on S. 1052, the 
     McCain-Kennedy-Edwards patients' rights bill, the National 
     Restaurant Association sincerely appreciates your amendment 
     to clarify the Senate's intent that employers will not be 
     subject to liability for voluntarily providing health 
     benefits to their employees. A vote in support of the Gramm 
     employer liability amendment will be considered a key vote by 
     the National Restaurant Association.
       The majority of America's 844,000 restaurants are small 
     businesses with average unit sales of $580,000. Rather than 
     risk frivolous lawsuits and unlimited damages authorized 
     under S. 1052, many businesses will be forced to stop 
     offering health benefits to their employees. Even without the 
     effect of litigation risk economists predict at least 4-6 
     million Americans could lose their employer-sponsored health 
     coverage as a result of the increased costs of S. 1052. We 
     urge you to avert this harmful situation.
       By taking language from the Texas patients' rights bill, 
     your amendment will clearly define that employers would not 
     be subject to liability. This amendment is critical given 
     that S. 1052 currently exposes employer sponsors of health 
     plans to liability and limitless damages in the following 
     ways:
       Lawsuits are authorized against any employer that has 
     ``actual exercise of control in making such decision.'' [p. 
     146] This broad phrase would generate lawsuits by allowing an 
     alleged action by the employer to constitute ``control'' over 
     how a claims decision was made. ERISA's fiduciary 
     responsibility obligates employers to exercise authority over 
     benefit determinations.
       Lawsuits are authorized for any alleged failure to 
     ``exercise ordinary care in the performance of a duty under 
     the terms and conditions of the plan.'' [p. 141]. Under 
     ``ordinary care,'' simple administrative errors could become 
     the basis of a lawsuit alleging harm. Because all provisions 
     of S. 1052 would be incorporated as new ``terms and 
     conditions'' of the plan upon enactment, these new statutory 
     requirements would further expand employer liability.
       Nothing in S. 1052 precludes a lawsuit against employers 
     who will be forced to defend themselves in state and federal 
     courts against allegations of ``direct participation'' in 
     decision making. [p. 145]
       Thank you for your effort to protect employees' health 
     benefits by correcting the vague and contradictory language 
     in S. 1052. We urge the Senate to support your amendment to 
     ensure that employers will not be sued for voluntarily 
     providing health coverage to 172 million workers. The Gramm 
     employer liability amendment will be a key vote for the 
     Association. Thank you for your leadership.
           Sincerely,
     Steven C. Anderson,
                            President and Chief Executive Officer.
     Lee Culpepper,
                                            Senior Vice President,
     Government Affairs and Public Policy.
                                  ____

                                              National Association


                                             of Manufacturers,

                                    Washington, DC, June 25, 2001.
     Hon. Phil Gramm,
     U.S. Senate, Senate Russell Office building, Washington, DC.
       Dear Senator Gramm: I write in strong support of the 
     amendment you have offered with your colleague from Texas, 
     Senator Kay Bailey Hutchison, to the McCain-Kennedy 
     ``Bipartisan Patient Protection Act.'' We hope that all 
     Senators who agree that employers who voluntarily sponsor 
     health-coverage should be protected from liability will 
     support your amendment.
       There should no longer be any dispute that the McCain-
     Kennedy bill exposes employers to direct and indirect 
     liability costs for adverse benefit determinations. Whether 
     or not employers actively intervene into a given benefit 
     determination, they are charged with responsibility for all 
     aspects of plan administration under ERISA's fiduciary 
     responsibility standard (including benefit determinations). 
     Thus, an employer can either actively or passively meet the 
     McCain-Kennedy bill's standard of ``direct participation'' 
     (the act of denying benefits or the actual exercise of 
     authority over the act).
       The Gramm-Hutchison Amendment is the Texas Health Care 
     Liability Act's unambiguous exemption of employers as adapted 
     to ERISA. We certainly hope a majority of senators will agree 
     on the need to protect employers from health care liability.
       The National Association of Manufacturers will continue to 
     oppose the underlying McCain-Kennedy bill as adding too much 
     additional cost to the existing double-digit (13 percent on 
     average) health-care inflation. The rising cost of health-
     coverage, together with the high cost of energy, is exerting 
     a significant drag on the economy. The Senate, however, 
     should be heard on the specific question of health-care 
     liability for employers.
       Again, we urgently ask your support for the Gramm-Hutchison 
     Amendment (Senate Amendment 810) which will be considered for 
     designation as a key manufacturing vote in the NAM Voting 
     Record for the 107th Congress.
           Sincerely,
                                            Michael Elias Baroody,
     Executive Vice President.
                                  ____



                                   National Retail Federation,

                                                    June 25, 2001.
     To the Members of the U.S. Senate:
       Tomorrow morning, you will have the opportunity to vote on 
     a critically important amendment offered by Senator Gramm to 
     the Kennedy-McCain ``Patient Protection Act of 2001'' that 
     will exempt employers from new lawsuits authorized by the 
     legislation. On behalf of the National Retail Federation 
     (NRF), I strongly urge you to support this amendment. The 
     vote on the Gramm amendment will be a key vote for NRF.
       At a time when retailers are struggling to deal with annual 
     double-digit increases in health costs, subjecting employers 
     to liability would be the breaking point for many businesses. 
     Many employers would be forced to terminate or significantly 
     scale back their health benefits programs rather than face a 
     lawsuit that could bankrupt their business--leaving many 
     working Americans without access to affordable insurance. The 
     Gramm amendment will unquestionably help to preserve the 
     ability of employers to provide valuable health benefits to 
     their employees and their families.
       Although passage of the Gramm amendment would address one 
     of the most serious flaws in S. 1052, it is important to note 
     that we remain concerned and strongly opposed to the broader 
     liability provisions in the bill. Although NRF supports the 
     goals of the legislation to ensure that individuals have the 
     ability to address their disputes through an independent 
     appeals process, allowing broad new causes of action in state 
     and federal court for virtually uncapped damages would have 
     dire consequences on the employer-based health care system. 
     The costs of open-ended liability on health plans will 
     ultimately be borne by employers and employees alike.
       As background, the National Retail Federation (NRF) is the 
     world's largest retail trade association with membership that 
     comprises all retail formats and channels of distribution 
     including department, specialty, discount, catalog, Internet 
     and independent stores. NRF members represent an industry 
     that encompasses more than 1.4 million U.S. retail 
     establishments, employs more than 20 million people--about 1 
     in 5 American workers--and registered 2000 sales of $3.1 
     trillion. NRF's international members operate stores in more 
     than 50 nations. In its role as the retail industry's 
     umbrella group, NRF also represents 32 national and 50 state 
     associations in the U.S. as well as 36 international 
     associations representing retailers abroad.
       Again, we urge you to support the Gramm amendment, and to 
     support future efforts to remedy the onerous liability 
     provisions in S. 1052.
           Sincerely,
                                                            ------
     Senior Vice President, Government Relations.
                                  ____

         National Council of Chain Restaurants of the National 
           Retail Federation,
                                    Washington, DC, June 25, 2001.
     Hon. Phil Gramm,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Gramm: On behalf of the National Council of 
     Chain Restaurants, I am writing to thank you for introducing 
     your amendment to protect employers from liability lawsuits 
     authorized by the Kennedy-McCain ``Patients' Bill of Rights'' 
     currently being debated by the Senate.
       The National Council of Chain Restaurants (``NCCR'') is a 
     national trade association representing forty of the nation's 
     largest multi-unit, multi-state chain restaurant companies. 
     These forty companies own and operate in excess of 50,000 
     restaurant facilities. Additionally, through franchise and 
     licensing agreements, another 70,000 facilities are operated 
     under their trademarks. In the aggregate, NCCR's member 
     companies and their franchises employ in excess of 2.8 
     million individuals.
       Although most of the nation's chain restaurant company 
     employers offer health care benefits to their employees, 
     these employers have become increasingly concerned with the 
     skyrocketing costs of providing such coverage. In fact, many 
     employers are already being forced to reevaluate whether they 
     can continue to afford providing health care insurance to 
     their employees. The Kennedy-McCain bill's imposition of 
     liability on

[[Page 11831]]

     health plans will exacerbate this problem even further, as 
     health insurers will simply pass on the costs to employers in 
     the form of higher premiums. As costs are driven ever upward, 
     many employers will assuredly be forced out of the market, 
     pushing even more working families into the ranks of the 43 
     million uninsured.
       But the Kennedy-McCain bill not only renders health plans 
     liable to suit, it also imposes liability on employers, 
     despite claims by bill proponents that employers are 
     shielded. The very notion that an employer could be sued for 
     generously and voluntarily providing health insurance to his 
     or her employees is outrageous. Indeed, if employers are 
     exposed to liability for their voluntary provision of health 
     insurance to their employees, in addition to the increased 
     premium costs resulting from health plan liability under the 
     Kennedy-McCain bill, many employers will have no choice but 
     to discontinue this important employee benefit.
       The Kennedy-McCain bill threatens to undermine the nation's 
     employer-sponsored health care system at a time when the 
     economy is softening and millions of Americans are currently 
     without coverage. Although serious problems with S. 1052 
     remain, your amendment would correct one of the numerous 
     excesses of this extreme legislation.
           Sincerely,
                                                  M. Scott Vinson,
     Director, Government Relations.
                                  ____

                                            Advancing the Business


                                                of Technology,

                                    Washington, DC, June 25, 2001.
     Hon. Phil Gramm,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Gramm: I am writing on behalf of AeA (American 
     Electronics Association), the nation's largest high-tech 
     trade association representing more than 3,500 of the 
     nation's leading U.S.-based technology companies, including 
     235 high-tech companies in Texas, to thank you for offering 
     your amendment to exempt employers from the liability 
     provisions contained in S. 1052, the Bipartisan Patient 
     Protection Act.
       An overwhelming majority of AeA member companies provide 
     their employees, their dependents, and retirees with quality 
     health care options. AeA and its member companies are 
     concerned that the liability provisions in S. 1052 would 
     threaten our member companies' ability to continue to offer 
     health insurance benefits. It only makes sense that exposing 
     employers who provide health insurance to their employees to 
     unlimited legal damages will result in fewer employers 
     offering their employees' health insurance. Unlimited damage 
     awards against insurance companies and employers will create 
     a powerful incentive for lawsuits against both. At a minimum, 
     companies that offer health insurance will see their 
     litigation costs increase. Health insurance premiums will 
     also increase, as litigation costs are passed through to both 
     employers and employees.
       Higher health insurance premiums will mean fewer health 
     insurance options for employees, and in some cases, the loss 
     of insurance coverage for employees as companies drop health 
     insurance. The liability provisions in S. 1052 will also put 
     pressure on companies to drop their health insurance 
     benefits, primarily from individuals and institutions that 
     own stock in these companies. Shareholders will be reluctant 
     to permit companies to assume liability for employer-provided 
     health insurance and they may pressure companies to drop 
     their health insurance in order to protect the value of their 
     stock.
       AeA and its members share Congress' concern about improving 
     the accessibility, affordability and quality of health care 
     services for all Americans. But AeA and its members believe 
     that S. 1052, especially the liability provisions in the 
     bill, will undermine that worthy objective, and ultimately 
     lead to more uninsured workers. AeA supports your amendment 
     to S. 1052, as the first in many needed steps to improve this 
     legislation.
           Sincerely,
                                                William T. Archey,
     President and CEO.
                                  ____

                                               National Federation


                                      of Independent Business,

                                    Washington, DC, June 25, 2001.
       Dear Senator: On behalf of the 600,000 members of the 
     National Federation of Independent Business (NFIB), I urge 
     you to support Sen. Phil Gramm's amendment exempting all 
     employers from liability who voluntarily offer health care to 
     their employees.
       The Kennedy/McCain version of the ``Patients' Bill of 
     Rights'' exposes small business owners to liability for 
     unlimited punitive and compensatory damages that will force 
     many small businesses to drop coverage. For most small 
     business owners, it only takes one lawsuit to force them to 
     close their doors. In fact, 57 percent of small businesses 
     said in a recent poll that they would drop coverage rather 
     than risk a lawsuit.
       Expanding liability in claims disputes could also increase 
     health care premiums by as much as 8.6 percent at a time when 
     small businesses are already experiencing annual cost 
     increases in excess of 15 percent. Such increases will only 
     force small businesses to drop coverage, adding many to the 
     ranks of the uninsured.
       Both Republicans and Democrats have said that the Texas law 
     works. Now is the time to put those words into action. 
     Support Senator Gramm's amendment to exempt employers from 
     unlimited lawsuits! This will be an NFIB Key Small Business 
     Vote for the 107th Congress.
           Sincerely,

                                                   Dan Danner,

                                            Senior Vice President,
     Federal Public Policy.
                                  ____

                                               Printing Industries


                                             of America, Inc.,

                                    Alexandria, VA, June 22, 2001.
     Senator Phil Gramm,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Gramm: We are aware that the battle lines in 
     the Patients' Bill of Rights may be so sharply drawn that 
     there is little that can be done at this point to overcome 
     the political issues; however, I want to outline the real 
     world impact of passage of the Kennedy-McCain bill.
       Our association is 114 years old. For a good portion of our 
     recent history we have provided health benefits to our 
     employees through a self-funded trust. We chose this option 
     because we are a safe workplace and we have very good claims 
     experience as well as a solid balance sheet. We purchase 
     stop-loss insurance for protection of the assets of the 
     organization above a specified limit. We provide benefits to 
     70 active employees, their dependents, and 14 retirees. Until 
     1974, we provided a retiree medical program for all our 
     employees but rising costs forced us to drop that program, 
     grand-fathering the employees who were hired prior to that 
     time. We require only $50 contribution per month for our 
     employees to include their dependents in our health care 
     plan. We cover medical, dental and eye care through a PPO 
     network or, at the option of the employee, a fee for service 
     arrangement. Our prescription drug program requires an 
     employee to pay $3.00 per generic prescription and $5.00 for 
     brand name prescriptions. This is about the best plan 
     available to any employee in the Washington area.
       We are the ultimate decision maker in our plan. One of the 
     benefits to self-funding is that we can and do make decisions 
     affecting the health care of our employees. We have never 
     made a negative decision. We have made several very 
     significant positive decisions to help employees in very 
     difficult health situations.
       If the Kennedy-McCain bill is passed, we likely will be 
     forced to terminate our plan and move to a fully insured 
     plan. We currently pay almost $600,000 per year for our plan. 
     We cannot pay any more. Moving to a fully insured plan will 
     almost certainly reduce the benefits for our employees as we 
     will lose the advantage of not having to pay overhead for an 
     insurance company. We anticipate losing 25% of our benefits. 
     Here are some of the things we will lose:
       Our retiree program. When we renegotiated our plan this 
     past year, we received proposals from insurance companies for 
     our retiree program. We could not find one in the area who 
     would pick up the plan.
       Our prescription drug benefit. While we would not lose it, 
     we would have to more than triple the price to $10/$20. This 
     also is based on the proposals we received last year.
       Our ability to make decisions for our employees and their 
     dependents. We would have to be concerned that the ability to 
     make good decisions has the other side--turning down the next 
     employee. In other words, we could be sued for failing to 
     make a decision. Our organization cannot expose the assets of 
     the organization to that liability potential.
       Our very small employee contribution. Employees share of 
     the benefits will go up. The $50 per month family coverage 
     will likely be increased to $200 per month. Co-pays and 
     deductibles will also rise. Some coverage may have to be 
     dropped altogether.
       We have discussed this issue and other Patients' Bill of 
     Rights issues with our employees and member firms. Many 
     people do not understand the issues. They do not believe 
     Congress would do something like this. Our concern is that 
     you may not knowingly do something like this. But this is 
     real.
       We would be pleased to discuss this and other matters 
     related to this legislation with you. We are not alone in the 
     impact this bill would have on our employees. I am aware that 
     we have many self-insured, jointly trusteed union plans in 
     our industry that would also be affected in this manner but 
     they do not understand the legislation.
       Please feel free to contact me if you wish to discuss our 
     concerns.
           Sincerely,
                                               Benjamin Y. Cooper,
                                            Senior Vice President.

  Mr. GRAMM. Let me review very quickly where we are. Our colleagues 
who support the pending bill say that the bill does not allow employers 
to be sued. If you look at the language of their bill, it clearly says 
it on line 7 on page 144, ``Causes of action against employers and plan 
sponsors precluded.'' Then it says:

       Subject to subparagraph (B), paragraph (1)(A) does not 
     authorize a cause of action against an employer. . . .


[[Page 11832]]


  That has been pointed to over and over again to say that employers 
cannot be sued. The problem is that on line 15, the bill goes on and 
says:

       Certain causes of action permitted.--Notwithstanding 
     subparagraph (A), a cause of action may arise against an 
     employer or other plan sponsor. . . .

  Then the bill goes on for 7\1/2\ pages of ifs, ands, and buts about 
when employers can be sued. They can be sued if they have ``a 
connection with;'' they can be sued if they ``exercise control,'' which 
is very interesting because under ERISA, which is the Federal statute 
that governs employee benefits provided by the employer, every employer 
is deemed to exercise control over every employee benefit.
  The bottom line is, despite all the arguments to the contrary, in the 
bill before us, employers can be sued.
  The Texas Legislature faced exactly this same dilemma, and they 
concluded that they wanted an absolute carve-out of employers. Why? Not 
that they believed employers were perfect; not that they believed every 
employer was responsible, but because they couldn't figure out a way to 
get at potential employer misbehavior without creating massive 
loopholes which would produce a situation where employers, large and 
small, could be dragged into a courtroom and sued because they cared 
enough about their employees to help them buy health insurance.
  The Texas Legislature decided you ought not be able to sue an 
employer.
  Senator McCain read a letter from the Texas Medical Association 
president, but he did not read the one paragraph in the letter that I 
was going to read. It is a very important paragraph. Let me explain 
why. Opponents of this amendment say: You ought to be able to sue 
employers if employers are making medical decisions. The point is, this 
bill--and the Texas law and every Patients' Bill of Rights proposal 
made by Democrats and Republicans--has an external appeal process that 
a panel of physicians and specialists, totally independent of the 
health care plan and totally independent of the employer, that will 
exercise the final decisionmaking authority.
  How could an employer call up this professional panel, independent of 
the health insurance company or the HMO, and in any way intervene? They 
couldn't.
  The line from the letter from the Texas Medical Association addresses 
exactly this point. It points out that the State couldn't reach into 
ERISA. But another reason that it wasn't necessary or advisable to try 
to sue employers was, from the letter:

       Additionally, we believed that utilization review--

  And this is the review process--

     agents were making the decisions regarding appropriate 
     medical treatment for employees of these self-funded plans. 
     We contended that these state-licensed utilization review 
     agents would be subject to the managed care accountability 
     statute--

  Which is the Texas law.

  The same would be true under this bill. Under this bill, no employer 
can make a final decision. The final decision is made by this 
independent medical review.
  So what is this all about? It all boils down to the following facts: 
If we leave this provision in the bill, which says employers can be 
sued and has 7\1/2\ pages of ifs, ands, and buts about suing them, and 
then interestingly enough says you can't sue doctors, you can't sue 
hospitals, but you can sue employers in its conclusion, then what is 
going to happen is all over America businesses are going to call in 
their employees.
  The example I used yesterday, and I will close with it today--am I 
out of time?
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. GRAMM. Let me wrap up by saying, all over America, small 
businesses are going to call in their employees and say: I want to 
provide these benefits, but I cannot put my business at risk, which my 
father, my mother, my family have invested their hearts and souls in; 
therefore, I am going to have to cancel your health insurance.
  I urge my colleagues to vote for this amendment.
  I yield the floor.
  Mr. KENNEDY. Madam President, I am prepared to yield back the minute 
on the Grassley motion. As I understand it, Senator Grassley is going 
to yield back his time.
  I ask for the yeas and nays on both the Grassley motion and the Gramm 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The senior assistant bill clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 39, nays 61, as follows:

                      [Rollcall Vote No. 196 Leg.]

                                YEAS--39

     Allard
     Allen
     Baucus
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Craig
     Crapo
     Enzi
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McConnell
     Murkowski
     Nickles
     Roberts
     Santorum
     Shelby
     Smith (NH)
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--61

     Akaka
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Harkin
     Hollings
     Hutchinson
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Sessions
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Torricelli
     Wellstone
     Wyden
  The motion was rejected.
  Mr. KENNEDY. I move to reconsider the vote.
  Mr. GREGG. I move to lay that motion on the table.
  The motion was agreed to.


                           Amendment No. 810

  The PRESIDING OFFICER. Under the previous order, there will now be 6 
minutes for closing debate, divided in the usual form, prior to a vote 
on or in relation to the Gramm amendment No. 810.
  Who yields time?
  Mr. KENNEDY. I understand there are 3 minutes to a side.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. KENNEDY. I yield myself a minute and a half and a minute and a 
half to the Senator from North Carolina.
  Madam President, we have just finished the education legislation. In 
this legislation, we held students accountable, school districts 
accountable, teachers accountable, and children accountable. Now we are 
trying to hold the HMOs accountable if they override doctors, nurses 
and trained professionals regarding the care for injuries of 
individuals. That is the objective of this legislation.
  However, if employers interfere with medical judgments, they ought to 
be held accountable as well. The Gramm amendment says: No way; even if 
an employer makes a judgment and decision that seriously harms or 
injures the patient, there is no way that employer could be held 
accountable.
  We may not have the language right, but at least we are consistent 
with what the President of the United States has said. We may have 
differences with the President of the United States and we do on some 
provisions. However, the Gramm amendment is an extreme amendment that 
fails to protect the patients in this country and fails to provide that 
needed protection.
  Mr. GRAMM. Madam President, I make a point of order that the Senate 
is not in order. Senator Edwards deserves to be heard.
  The PRESIDING OFFICER. The Senate will be in order.

[[Page 11833]]

  The Senator from North Carolina is recognized.
  Mr. EDWARDS. Madam President, this is an issue on which we have 
consensus. The President of the United States said, ``Only employers 
who retain responsibility for and make vital medical decisions should 
be subject to suit.''
  Our bill provides exactly as the President describes. As Senator 
Kennedy has indicated, we have consensus not only with the President of 
the United States but in this body and in the House of Representatives 
based on the Norwood-Dingell bill which was voted on before. This is an 
issue about which there is consensus.
  We are continuing to work. Senator Snowe and others are leading that 
effort. We are working across party lines to get stronger and more 
appropriate language so that employers know that they are protected 
without completely leaving out the rights of the patients.
  I urge my colleagues to vote against the Gramm amendment, which is 
outside the mainstream, outside our bill, outside our position, outside 
Norwood-Dingell, and outside what the President of the United States 
has said.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. GRAMM. Madam President, throughout this debate, those who are in 
favor of this bill have said our bill is just like the Texas bill. Look 
at Texas. No employers have been sued, and there have been a minimum 
number of lawsuits. Yet when you look at this bill, it says employers 
can't be sued. Then it says they can be sued. And it has 7\1/2\ pages 
of ifs, ands and buts.
  Are employers connected with the decision? Do they exercise control? 
ERISA says that in any employee benefit the employer is deemed to 
exercise control, which would mean that every employer in America is 
covered. The Texas legislature did not assume that every employer was 
perfect. They were worried about unintended consequences.
  They also concluded that no employer can be the final decisionmaker 
because this bill, as in our bill, has an external review process that 
is run by independent physicians that are selected independently of the 
plan. They make the final decision, not an employer.
  The Texas legislature decided what we should decide here; that is, if 
you get into ifs, ands, and buts, what is going to happen all over 
America is businesses are going to drop their insurance.
  If we should pass the bill without this amendment in it, it is easy 
to envision that we could have a small business where the business 
owner calls in his employees and says, Look, we worked hard to provide 
good health benefits, but my father and my mother worked to build their 
business. I have worked. My wife has worked. We have invested our whole 
future in this business, and I cannot continue to provide benefits when 
I might be sued.
  Think about the unintended consequences. That is what the Texas 
legislature did. They concluded that employers should not be liable. 
They cannot make the final decision under this bill. They cannot make 
the final decision under Texas law because it is made by an external 
group of physicians. But when you make it possible to sue them, they 
are going to drop their health insurance, and you are going to have 
fancy reviews and stiff penalties, but people aren't going to have 
health insurance.
  I urge my colleagues to look at Texas. If you want to take all the 
claims of the benefits of Texas, do it the way they did it. They 
thought you created unintended consequences by letting employers be 
sued. They knew that employers could not make the final decision 
because they had external review, just as this bill and every other 
bill has. By doing an employer carve-out, they guaranteed that every 
small and large business in the State would know they cannot be sued.
  The PRESIDING OFFICER (Mr. Corzine). The question is on agreeing to 
amendment No. 810. The yeas and nays have been ordered, and the clerk 
will call the roll.
  The assistant legislative clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 43, nays 57, as follows:

                      [Rollcall Vote No. 197 Leg.]

                                YEAS--43

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Collins
     Craig
     Crapo
     Domenici
     Ensign
     Enzi
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McConnell
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--57

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     DeWine
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Torricelli
     Wellstone
     Wyden
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. KENNEDY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, we were in the process of trying to propound 
a unanimous consent request, but all the parties are not here. We will 
do that at 2:15.

                          ____________________



                            MORNING BUSINESS

  The PRESIDING OFFICER. Under the previous order, there will now be a 
period for the transaction of morning business for not to exceed 30 
minutes with Senators permitted to speak therein for up to 5 minutes 
each.
  Under the previous order, the Senator from Wisconsin is recognized to 
speak for up to 15 minutes.

                          ____________________



                        COLORADO REPUBLICAN CASE

  Mr. FEINGOLD. Mr. President, on April 2 of this year, the Senate 
voted overwhelmingly to pass the McCain-Feingold bill and ban soft 
money. Even before the roll was called on final passage and 59 Senators 
voted ``aye,'' the Senate's foremost opponent of reform declared that 
he relished the opportunity to bring a constitutional challenge to the 
bill. ``You're looking at the plaintiff,'' the Senator from Kentucky 
announced.
  Opponents of reform have consistently expressed confidence that the 
courts will strike down our efforts to clean up the campaign finance 
system. They regularly opine that the McCain-Feingold bill is 
unconstitutional, and, despite clear signs to the contrary in the 
Court's opinion last term in Nixon v. Shrink Missouri Government PAC, 
express great certainty that the Supreme Court will never allow our 
bill to take effect.
  Well, in its decision yesterday morning in FEC v. Colorado Republican 
Federal Campaign Committee, the Court again dumped cold water on that 
certainty. The court held that the coordinated party spending limits 
now in the law--the so-called ``441a(d) limits''--are constitutional. 
It ruled that the coordinated spending limits are justified as a way to 
prevent circumvention of the $1,000 per election limits on 
contributions to candidates that the Court upheld in the landmark 
Buckley v. Valeo decision in 1976. In my view, the

[[Page 11834]]

decision makes it even more clear that the soft money ban in the 
McCain-Feingold bill will withstand a constitutional challenge.
  The first thing to note about the Court's ruling is that it reaffirms 
the distinction the Court has drawn between contributions and 
expenditures and the greater latitude that the Court has given Congress 
in the case of restraints on contributions. The Court noted that the 
law treats expenditures that are coordinated with candidates as 
contributions, and the Court has upheld contribution limits in previous 
cases with that understanding. It agreed with the FEC that spending by 
a party coordinated with a candidate is functionally equivalent to a 
contribution to the candidate, and that the right to make unlimited 
coordinated expenditures would open the door for donors to use 
contributions to the party to avoid the limits that apply to 
contributions to candidates.
  The Court rejected the Colorado Republican Party's argument that 
party spending is due special constitutional protection. Instead, the 
Court found that the parties are in the same position as other 
political actors who are subject to contribution limits. Those actors 
cannot coordinate their spending with candidates. The Court noted that 
under current law and the Court's previous decision in the first 
Colorado case, the parties are better off than other political actors 
in that they can make independent expenditures and also make 
significant, but limited, coordinated expenditures. The limits on 
coordinated expenditures have not prevented the parties from organizing 
to elect candidates and generating large sums of money to efficiently 
get out their message, the Court noted.
  After determining that limits on party coordinated spending should be 
analyzed under the same standard as contribution limits on other 
political actors, the Court had little trouble in deciding that there 
was ample justification for those limits based on the need to avoid 
circumvention of the contribution limits in the federal election laws. 
It pointed to substantial evidence of circumvention already in the 
current system, and the near certainty that removing the 441a(d) limits 
would lead to additional circumvention. The Court held:

       [T]here is good reason to expect that a party's right of 
     unlimited coordinated spending would attract increased 
     contributions to parties to finance exactly that kind of 
     spending. Coordinated expenditures of money donated to a 
     party are tailor-made to undermine contribution limits. 
     Therefore, the choice here is not, as in Buckley and Colorado 
     I, between a limit on pure contributions and pure 
     expenditures. The choice is between limiting contributions 
     and limiting expenditures whose special value as expenditures 
     is also the source of their power to corrupt. Congress is 
     entitled to its choice.

  So, Mr. President, I am pleased that the Court upheld Congress's 
right to limit the coordinated spending of the parties. But even more 
than that, I am pleased at the way that the Court looked at the 
constitutional issues in the case and the arguments of the parties. The 
Court's analysis demonstrates an understanding of the real world of 
money and politics that gives me great confidence that it will uphold 
the soft money ban in the McCain-Feingold bill against an inevitable 
constitutional challenge.
  As my partner and colleague, Senator McCain, pointed out to me prior 
to my taking the floor, of course this decision was about hard money; 
but if you really read it, it isn't so much about hard money or soft 
money, it is just about money and the corrupting influence it has on 
our political process.
  For example, the Court noted that ``the money the parties spend comes 
from contributors with their own interests.'' And the Court recognized 
that those contributors give money to parties in an attempt to 
influence the actions of candidates. The Court said:

       Parties are thus necessarily the instruments of some 
     contributors whose object is not to support the party's 
     message to elect party candidates across the board, but 
     rather to support a specific candidate for the sake of a 
     position on one, narrow issue, or even to support any 
     candidate who will be obliged to the contributors.

  This is precisely the point that we who have fought so hard to ban 
soft money have been making for years. These contributions are designed 
to influence the federal officeholders who raise them for the parties, 
and ultimately, to influence legislation or executive policy. The Court 
shows that it understands this use of contributions to political 
parties when it states:

       Parties thus perform functions more complex than simply 
     electing candidates; whether they like it or not, they act as 
     agents for spending on behalf of those who seek to produce 
     obligated officeholders.

  The Court also recognized that the party fundraising, even of limited 
hard money, provides opportunities for large donors to get special 
access to lawmakers. The Court states:

       Even under present law substantial donations turn the 
     parties into matchmakers whose special meetings and 
     receptions give the donors the chance to get their points 
     across to the candidates.

  In a footnote, the Court notes evidence in the record of the 
Democratic Senatorial Campaign Committee establishing exclusive clubs 
for the most generous donors.
  These special clubs and receptions are even more prevalent in the 
world of soft money fundraising. Both parties sell access to their 
elected officials for high dollar soft money contributions. This week a 
Republican fundraiser featuring the President and the Vice President is 
expected to raise over $20 million.
  The corrupting influence of soft money, or at least the appearance of 
corruption created by the extraordinary sums raised by party leaders 
and federal officeholders and candidates, is an argument for the 
constitutionality of a ban on soft money that those who support the 
McCain-Feingold bill would have made even if the Colorado II case had 
come out the other way. But the Court's decision itself is solid 
support for another independent reason that the soft money ban is 
constitutional.
  Corporations and unions are prohibited from contributing money in 
connection with federal elections. And individuals are subject to 
strict limits on their contributions to candidates and parties. The 
soft money loophole allows those limits to be evaded. This is not just 
a theoretical possibility, as in the Colorado case. There is a massive 
avoidance of the federal election laws going on today, as there has 
been for over a decade. The evidence of this is overwhelming. Soft 
money is being raised by candidates for the parties, and it is being 
spent in a whole variety of ways to influence federal elections. In 
recent years, the parties have used soft money to run ads that are 
virtually indistinguishable from campaign ads run by the candidates. 
That is what is going on in the real world.
  A soft money ban will end the circumvention of these crucial limits 
in the law, limits that date back to 1907 in the case of corporations, 
1947 in the case of unions, and 1974 in the case of individuals. The 
Supreme Court's decision yesterday tells us that Congress can 
constitutionally act to end that evasion.
  The remaining question, of course, is whether we will do it. Our vote 
in this body on April 2 was the first step. When the House returns from 
the July 4th recess it will take up campaign finance reform, and I am 
hopeful that it will act decisively to pass a bill that is largely 
similar to the McCain-Feingold bill. Then it will be up to the Senate 
to act quickly and send the bill to President Bush for his signature. 
We are getting close, Mr. President, to finally cleaning up the corrupt 
soft money decision. The Supreme Court's decision yesterday, unexpected 
as it was to many in the Senate and in the legal community, is a major 
boost for our efforts. The Court has spoken. Now Congress must act.
  I yield the remainder of the time under my control to the Senator 
from New York.
  The PRESIDING OFFICER. The Senator from New York.
  Mrs. CLINTON. I thank the Chair. Mr. President, I add my thanks and 
gratitude to my good friend from Wisconsin. He has been a leader on 
this whole issue of campaign finance reform for so many years. He 
started as a young boy, and it has taken most of his life. I think 
progress is being made from a most unlikely source. I applaud


the continued perseverance and commitment of the Senator.

                          ____________________


[[Page 11835]]

                           HIV/AIDS EPIDEMIC

  Mrs. CLINTON. Mr. President, we are in the midst of this very 
important debate about a Patients' Bill of Rights. I am hoping that 
before we break for the Fourth of July recess, the doctors, nurses, 
patients, and families of America will have the relief for which we 
have all waited for a very long time: making it clear doctors should be 
making our health care decisions; that nurses, not bookkeepers, should 
be at our bedsides; and that the Patients' Bill of Rights will be a 
reality.
  I rise today because we have to consider our broad needs for health 
care not only in our country but around the world. Today as we meet and 
debate a Patients' Bill of Rights to make sure that Americans have 
access to the best health care in the entire world, there are millions 
of people around the world who do not have that opportunity or that 
right. I speak specifically of those who are suffering from HIV/AIDS.
  We should be supporting vigorously the United Nations General 
Assembly on Meeting the Global HIV/AIDS Challenge and urging them to 
consider creative tools, such as debt relief, in efforts to combat HIV/
AIDS.
  As the general assembly is meeting in special session in New York to 
try to come up with a strategic blueprint for fighting HIV/AIDS 
worldwide, it is imperative that we in America appreciate that this 
worldwide epidemic has nowhere near crested. Africa is ravaged. It has 
just begun to affect India, China, and Russia. This is an epidemic of 
historic proportions, and it needs a response that is historically 
appropriate.
  Almost 60 million people worldwide have been affected by HIV/AIDS, 
and over 20 million men, women, and children have died. If current 
trends continue, 50 percent or more of all 15-year-olds in the most 
severely affected countries will die of AIDS or AIDS-related illnesses.
  We are in the middle of summer vacation. We have many families and 
young people visiting our Capitol. We are always so happy to have them 
here and for them to take a few minutes to see their Government in 
action, but it is just chilling to imagine American 15-year-olds facing 
bleak futures as orphans or victims because they were born to infected 
mothers.
  Every American should be concerned with what is going on beyond our 
borders. We should also be concerned because when it comes to disease 
today, there are no borders. People get on jet planes, people travel 
all over the world. There is no disease that is confined to any 
geographic area any longer. We have to recognize that for us to worry 
about the HIV/AIDS epidemic in Africa and Asia is not only the right 
thing to do, it is the smart thing to protect ourselves and to protect 
our children.
  It is also important to recognize that the groundbreaking drug 
treatments that are keeping people with HIV/AIDS alive today are not 
available to those who suffer elsewhere. Less than 1 percent of HIV-
infected Africans, for example, have access to life-extending 
antiretroviral medications. The challenges facing us are great, and we 
should work together to combat this global emergency.
  I strongly support the formation of a global fund for infectious 
diseases such as AIDS, but also including tuberculosis and malaria. We 
are seeing tuberculosis and malaria in our own country. We are seeing 
the spread of malaria, which used to be confined to a tropical belt, 
beginning to move northwards, in part, I believe, because of global 
warming and desertification, so the mosquitos can travel further north 
and find hosts who traditionally have not suffered from malaria.
  Tuberculosis is becoming epidemic in many parts of the world. In 
Russia, drug-resistant tuberculosis is a major killer.
  I believe we should have a global fund to combat these infectious 
diseases, and I am very pleased the United States, private donors, and 
some other nations have taken steps to address the need for money as 
articulated by Secretary General Kofi Annan. We need between $7 billion 
to $10 billion annually. It is my hope that through a public-private 
partnership we are able to continue to invest in promoting prevention, 
treatment, and eventually a vaccine to prevent this devastating 
disease.
  I am old enough to remember polio as a scourge that affected my life. 
I can remember my mother not letting me go swimming in the local 
swimming pool because of polio. I remember as though it were yesterday 
when the announcement of a vaccine was made. What a sense of relief 
that spread through my house and all of our neighbors, and we all lined 
up to get that shot we thought would protect us from what had been, up 
until then, such a serious, overhanging cloud in the lives of young 
people, as well as older people.
  HIV/AIDS extracts a severe economic toll on nations worldwide. The 
disease spreads so rapidly. No one is immune from it. It has grave 
consequences for societies, and it threatens the interest of peace and 
prosperity around the world.
  HIV/AIDS alone will reduce the gross domestic product of South Africa 
by $22 billion, or 17 percent, over the next decade. That is why I 
believe debt relief must also be part of any conversation about a 
broader global HIV/AIDS strategy.
  While most African countries spend less than $10 per capita on health 
care, they spend up to five times that amount in debt service to 
foreign creditors. In fact, the burdens of debt repayment have come 
into direct conflict with public health efforts in some instances. For 
example, structural adjustment programs have sometimes required 
governments to charge user fees for visits to medical clinics, a 
practice that stands in the way of effective prevention and treatment 
programs. As discussions of global HIV/AIDS prevention proceeds, 
consideration should be given to the role of international debt relief 
in the overall plan to combat HIV/AIDS.
  I have written to the U.N. General Assembly President Harri Holkeri 
to express my support for his efforts and to urge inclusion of debt 
relief strategies in any effort that comes out of the general assembly.
  I also urge our own Government to look more closely at what we can 
do. In the last administration, we forgave a lot of our bilateral debt 
for the poorest of the nations, but we should look at expanding beyond 
the circle of the poorest of the poor to the next poorest of the poor, 
and we should also look at our multilateral debt.
  I am hoping I will find support on both sides of the aisle for a 
sense-of-the-Senate resolution I will be submitting to express the 
policy view that debt relief can and should be an important tool.
  I have visited African countries. I have visited Asian countries. I 
have visited HIV/AIDS programs. I have been in places where 12-year-old 
girls who were sold into prostitution by their families have come home 
to die in northern Thailand.
  I have been in programs in Uganda which have done probably the best 
job I know of in Africa certainly to spread the message about how to 
prevent HIV/AIDS. I have listened to the songs that were taken out into 
villages to tell villagers about this new disease that nobody really 
knows where it came from or how it arrived, but to warn people about 
its deadly consequences.
  I was fortunate and privileged last year to participate in the United 
Nations discussion about AIDS, and I sat with AIDS orphans: A young boy 
from Uganda whose father and then mother died of AIDS, leaving him 
responsible for his younger brothers and sisters; a young boy from 
Harlem whose mother died of AIDS; a young boy from Thailand who was 
also orphaned by this terrible disease.
  In some parts of Africa now, one will only find children, and most of 
them are orphans. The rate of infection ranges from 15 to 35 percent, 
and I am deeply concerned we are still in some parts of the world in a 
state of denial about HIV/AIDS.
  Certainly, both India and China face tremendous challenges to educate 
their population about this disease and to avoid practices that might 
spread it. It

[[Page 11836]]

is commonplace in some parts of China for very poor villagers to sell 
their blood to make a little money. In so doing, they are subjecting 
themselves to the possible transmission of this terrible disease.
  In other parts of Africa and Asia, even the best intentions to 
immunize children against measles or other communicable diseases lead 
to tragedy because the sterilization is not up to par and needles are 
reused, leading to the infection of people with HIV/AIDS.
  I have long maintained there is a deep, profound connection between 
the economic health of a nation and the physical health of that 
nation's people. That is why we have to act now to address the HIV/AIDS 
pandemic.
  There is so much the United States can and should do. We have the 
finest health care system in the world. We are the richest nation that 
has ever existed in the history of the world. We not only should care 
about people in other parts of the world because of this disease, but 
we should act in our own self-interest because there will be many parts 
of the world where it will be difficult, potentially even dangerous, to 
travel if the entire social structure and economy collapses because of 
the strain of HIV/AIDS, where tourists and business people from America 
will be told they should not go to do business. Suppose they are in an 
accident or suffer injury and might need medical care and that medical 
care might not be deliverable because the health care system has 
collapsed under the weight of HIV/AIDS.
  I look forward to working with my colleagues in the Senate and in our 
United States delegation to the United Nations General Assembly special 
session on these and other desperately needed proposals to halt and 
reverse the social and economic damage caused by HIV/AIDS and the 
direct and immediate threat this pandemic poses to America and 
Americans. I urge my colleagues and I urge our Government and the 
United Nations to look deeply into the concept of forgiving debt in 
return for nations doing what we know works to prevent, treat, and 
eventually find a vaccine for this terrible disease.
  I yield the floor.

                          ____________________



                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________



                                 RECESS

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
stand in recess until the hour of 2:15 p.m.
  Thereupon, the Senate, at 12:52 p.m., recessed until 2:15 p.m. and 
reassembled when called to order by the Presiding Officer [Mrs. 
Clinton].
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



             BIPARTISAN PATIENTS PROTECTION ACT--Continued

  Mr. REID. Madam President, I ask unanimous consent that there be 45 
minutes for debate with respect to the McCain amendment No. 812, which 
is pending, with the time equally divided and controlled in the usual 
form with no second-degree amendments in order thereto; that upon the 
use or yielding back of time the amendment be temporarily laid aside, 
and Senator Gregg or his designee be recognized to offer the next 
amendment as under a previous order.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Who yields time?
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, I ask unanimous consent that the time 
during the quorum call be equally divided.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KENNEDY. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. I yield myself 7 minutes.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. KENNEDY. Madam President, the cornerstone of an effective patient 
protection program is the right to timely, fair and independent review 
of disputed medical decisions. This amendment reaffirms a critical 
element of that right--the right to an independent appeal process that 
is not stacked against patients by giving the HMO the right to select 
the judge and jury.
  This is a critical difference between our approach to that issue and 
the approach of the alternative legislation before the Senate. Under 
their bill, the HMO gets to select the so-called independent appeals 
organization. Under our bill, neither the HMO nor the patient selects 
the appeals organization. Instead, it must be selected by a neutral and 
fair appeals process. This amendment puts the Senate on record as 
supporting that fair and impartial appeal process.
  The approach of allowing one party to a dispute--in this case the 
HMO--to select the judge and jury to a dispute is so inherently unfair 
that it has been rejected out of hand by virtually every expert who has 
considered the issue. It flies in the face of every principle and 
precedent founded on fair play.
  We don't allow it in our civil court procedures. We don't allow it in 
our criminal procedures. Doesn't a child with cancer whose HMO has 
overruled her doctor deserve at least the same basic fairness we 
provide for rapists and murderers?
  The unfair approach of allowing one party to the dispute is not only 
alien to our court system, it is prohibited under the Federal 
Arbitration Act. It is unacceptable under the standards of the American 
Arbitration Association. It is rejected by the standards of the 
American Bar Association. Of the 39 States that have created 
independent review organizations, 33 do not allow it; neither should 
the Senate.
  Do we understand, in the 39 States that have created independent 
review organizations, 33 do not allow the HMO to select and pay the 
independent reviewer; and neither should the Senate.
  Under the fair external review approach we have in Medicare and in 
most States, the reviewer decides the plan is right about half the time 
and decides the patient is right about half the time. In the financial 
services industry, the industry gets to select the reviewer in 
disputes, and the industry wins 99.6 percent of the time. No wonder 
HMOs want that system: it makes a mockery of the whole idea of 
independent review. A vote for this amendment is a vote against making 
this bill a mockery of everything that a true Patients' Bill of Rights 
should stand for.
  And how ironic it is that the sponsors of the competing proposal are 
vociferous supporters of the President's principle that we should 
preserve good State laws. But under this amendment, the 39 State 
external appeals systems currently in place would be wiped out. Do we 
understand? There is one provision in the two major pieces of 
legislation before us; that is, the McCain-Edwards bill and the Breaux-
Frist bill. In the Breaux-Frist bill, their appeals provision 
effectively preempts all of those 39 States. They have to follow what 
is in their legislation. As I pointed out, that is the process by which 
the HMO selects the independent reviewer. They

[[Page 11837]]

would be null and void, even where they provide greater consumer 
protections than the Federal standard. In all of these instances, the 
consumer has greater protection than even under the underlying proposal 
of the McCain-Edwards bill.
  We have heard a lot of tragic examples of HMO abuse during the course 
of this debate and through the extensive discussions in the press over 
the last 5 years. We heard of children denied lifesaving cancer 
treatment by their HMO. It is wrong to let that same HMO choose the 
judge and jury that could decide whether those children live or die. 
And our amendment says it is wrong.
  We have heard of women with terminal breast and cervical cancer 
denied the opportunity to participate in clinical trials that could 
save or extend their life. It is wrong to give that same HMO that 
overruled the treating physician and denied the care the right to chose 
the judge and jury that could decide whether that woman has a real 
chance to live to see her children grow up or is guaranteed to be dead 
within 3 months.
  We have heard of a young man whose HMO decided that it was cost-
effective to amputate his injured hand instead of providing the surgery 
that could restore normal functioning. It is wrong to give the HMO that 
made that heartless decision the right to choose the judge and jury 
that could decide whether that young man goes through life with one 
hand or two.
  We have head of a policeman with a broken hip, whose HMO decided it 
was better to give him a wheelchair than to pay for the operation that 
would have restored his normal functioning. It is wrong to give the HMO 
that put its profits so far ahead of that patient's interests the right 
to choose the judge and jury that will decide whether that man ever 
walks again.
  Last week, in discussing the issue of access to specialty care, I 
mentioned what had happened to Carley Christie, a 9-year-old little 
girl who was diagnosed with Wilms Tumor, a rare and aggressive form of 
kidney cancer. Her family was frightened when they received the 
diagnosis, but they were relieved to learn that a facility close to 
their home in Woodside, CA, was world-renowned for its expertise and 
success in treating this type of cancer--the Lucille Packard Children's 
Hospital at Stanford University.
  The Christie family's relief turned to shock when their HMO told them 
it would not cover Carley's treatment by the children's hospital. 
Instead, they insisted that the treatment be provided by a doctor in 
their network--an adult urologist with no experience in treating this 
rare and dangerous childhood cancer. The Christies managed to scrape 
together the $50,000 they needed to pay for the operation themselves--
and today Carley is a cancer-free, healthy and happy teenager. If the 
Christies had been less tenacious or had been unable to come up with 
the $50,000, there is a good chance that Carley would be dead today.
  Under our opponents' plan, the HMO that passed a possible death 
sentence on little Carley Christie would have the right to choose the 
judge and jury to determine whether that possible death sentence should 
be upheld. No family should have to go through what the Christie's did.
  The PRESIDING OFFICER. The Senator has used 7 minutes.
  Mr. KENNEDY. I yield myself 5 more minutes, Madam President.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. No HMO should behave as the Carley's did. And that HMO 
should certainly not have the right to choose the external review 
organization to decide whether Carley should get the care she needed.
  Another case that I find particularly shocking is that of Melissa 
Yazman, right here in Washington. In May, 1997, Melissa Yazman was a 
second year law student at American University, going to school full-
time, living in suburban Virginia, working part-time for an attorney in 
D.C., and taking care of her two kids while her husband traveled with 
his job.
  In the past 4 years, much has changed for Melissa. Her dreams of law 
school and a career in the working world are gone, and her new career 
is focused on healing and living every day to enjoy the time she has 
with her husband and her two sons--Ben who is 11, and Josh who is 8.
  In the spring, in 1997, at the age of 36, she was diagnosed with 
stage IV pancreatic cancer at the age of 36. Pancreatic cancer is a 
fairly rare cancer, and, for the majority of patients like Melissa, 
diagnosis is not possible until the cancer is in an advanced stage.
  Melissa was told that she had 3 to 6 months to live. There are no 
curative treatments for pancreatic cancer. For most pancreatic cancer 
patients clinical trials are their only hope.
  Melissa was referred to a clinical trial at Georgetown University. 
Her insurer refused to cover the treatment. Melissa and her husband 
were forced to go through lengthy and time consuming negotiations with 
the insurer--negotiations that took her husband away from their 
children for 2 to 3 hours a day--negotiations that ultimately ended in 
failure. She and her husband ended up paying for these costs themselves 
because they ran out of time waiting for a decision from her insurer.
  Because she and her husband had enough money in their savings 
account, they were able to pay for her routine costs--costs that her 
insurer should have covered and would cover for a patient not enrolled 
in a lifesaving clinical trial.
  Because of the therapy she received in a clinical trial, Melissa has 
been able to have 4 extra years with her family and with her young 
boys. Without the clinical trial, she would have had 3-6 months. Every 
patient with incurable cancer hopes for enrollment in a clinical trial 
that can save or extend their life. No patient should have their hopes 
dashed because their insurer simply says no. And no patient like 
Melissa should have their right to a fair, impartial appeal voided 
because the HMO that said ``no'' gets to choose the organization that 
will decide the case.
  For cancer patients, for women, for children--indeed, for every 
patient whose HMO denies critically needed cars--the right to a speedy, 
fair, impartial appeal should be a fundamental right. This amendment 
will put the Senate on record as saying that this appeal should truly 
be fair and impartial, that it will not load the dice and stack the 
deck against patients. Every Senator knows that this amendment 
represents simple justice, and I urge every Senator to vote for what 
they know to be right.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. STABENOW. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           RECORDING OF VOTE

  Ms. STABENOW. Madam President, I want to indicate that on rollcall 
vote No. 197, I was present and voted ``no.'' The official record has 
me listed as absent. Therefore, I ask unanimous consent that the 
official record be corrected to accurately reflect my vote. This will 
in no way change the outcome of the vote.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded. How much time is on both sides?
  The PRESIDING OFFICER. There is no time remaining on the proponents' 
side, and there are 14 minutes 44 seconds on the opponents' side.
  Mr. REID. I see nobody here of the opponents. If they require more 
time, I will be happy to give them whatever time I may use here. I ask 
unanimous consent that I be allowed to speak, and if the opponents of 
this sense-of-the-Senate amendment desire more time, they can have 
whatever time I use.

[[Page 11838]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Did the Senator from New Hampshire hear the request?
  Mr. GREGG. No.
  Mr. REID. We have no more time left. You have 14 minutes. I said I 
would like to speak. If you want more time, whatever time I use, you 
can have that in addition to the 14 minutes.
  Mr. GREGG. I am not aware of any speakers. We are waiting for people 
to return from the White House before we get really started.
  Mr. REID. I want to direct a question to the Senator from 
Massachusetts. I say to my friend from Massachusetts, we heard a lot of 
talk about how this legislation has an adverse effect upon the business 
community. Has the Senator heard those comments?
  Mr. KENNEDY. Yes, I certainly have.
  Mr. REID. I received an e-mail from Michael Marcum of Reno, NV. Here 
is what he said. I would like the Senator to comment on this 
communication I received from one of my constituents:

       Dear Senator Reid, as a small business owner, and as a 
     citizen I urge you to support the upcoming bill commonly 
     known as the ``Patients' Bill of Rights.'' I also would like 
     to state that I support your and Senator McCain's version of 
     the bill. If the HMO's can afford to spend millions on 
     lobbyists and advertisements then they can afford to do their 
     job correctly, preventing the lawsuits in the first place . . 
     . .
       I am willing to pay to know that what I am purchasing from 
     my HMO will be delivered, not withheld until someone is dead 
     then approved post mortem (AKA a day late and a dollar 
     short). While a believer in the market and freedom, I feel 
     that we need a better national approach to health care. As 
     the richest nation in the world, as the only real super-
     power, why do so many Americans get third world levels of 
     health care, even when they have insurance.
       Thank you for your time--Michael Marcum (Reno, NV).

  Will the Senator acknowledge that Michael Marcum is one of the 
hundreds of thousands of small business people who do not have the 
money to run these fancy ads; that their only way of communicating with 
you and me is through e-mails and communicating through the standard 
means, not through these multimillion-dollar advertising campaigns? In 
short, will the Senator acknowledge there are a lot of Michael Marcums, 
small business people, in America who support this legislation?
  Mr. KENNEDY. I thank the Senator for bringing two matters to the 
attention of the membership. One is the example the Senator referred 
to, and the other point is the fact we have heard so much during the 
course of the debate that if these protections are put in place, it is 
going to mean millions of insured individuals as a result of this 
legislation will become uninsured.
  Yet it is apparent, as the Senator has pointed out, that the HMOs 
have millions of dollars to spend on these advertisements--millions of 
dollars that ought to be spent on either lowering premiums or giving 
patients the protections they need. Evidently, it is an open wallet for 
the HMOs because they have been on the national airways and have been 
distorting and misrepresenting the legislation, as the Senator has just 
pointed out, distorting what its impact would be on average families in 
this country.
  I am wondering if the Senator is familiar with the Texas Medical 
Association letter we just received. It confirms that the Texas law 
mirrors the letter and spirit of the McCain-Edwards-Kennedy bill. This 
is from the Texas Medical Association. They point out that the Texas 
Medical Association and President Bush agree that any entity making 
medical decisions should be held accountable for those decisions. This 
is not only the position of the Texas Medical Association but is 
exactly what President Bush called for in a Patients' Bill of Rights.
  We resolved that issue earlier today. The Texas Medical Association 
believes it is consistent with the intent of the Texas law to hold any 
entity, whether employer or insurer, accountable if they make a medical 
decision that harms a patient or results in death. We upheld that 
today.
  The Texas law was never designed to exempt from accountability 
businesses that made harmful medical decisions. It was suggested 
earlier, the Senator remembers, that it would be, rather, a 
clarification that the liability provisions did not apply to small- and 
medium-sized businesses that purchased traditional insurance.
  That is interesting to hear because we heard a great deal earlier 
about where the Texas Medical Association was. This is a clarification.
  The Senator is pointing out we spent a good deal of time trying to 
catch up with the distortions and misrepresentations, but as the 
Senator from Nevada knows, what this is really about is doctors and 
nurses making decisions on health care for their patients and not 
having them overridden by the HMOs or by employers who put themselves 
in the place of HMOs.
  That is what this legislation is about: letting our doctors and 
nurses practice their best in medicine. We have so many well-trained 
medical professionals. They are highly motivated, highly committed, and 
highly dedicated. What is happening in too many places, as the Senator 
has pointed out in this debate, too many times those medical decisions 
are being overrun and overturned by the HMOs, and that is plain wrong. 
That is what this battle is about. I thank the Senator for his comment.
  Mr. REID. I say to my friend from Massachusetts, yes, I am familiar 
with the letter from the President of the Texas State Medical 
Association. I believe that is his title.
  Mr. KENNEDY. That is correct.
  Mr. REID. I heard Senator McCain read the letter word for word. I was 
so impressed because what has happened the last few years is that 
doctors, who in the past have been totally nonpolitical, have been 
driven into the political field because they are losing their 
practices, they are losing their ability to practice medicine, their 
ability to take care of patients they were trained to take care of. 
They have come into the political field and have joined together with 
the American Medical Association--all the different specialists and 
subspecialists--they have joined together saying: We as physicians of 
America need some help. If you want us to be the people who take care 
of your sick children, your sick wife, husband, mother, father, 
neighbor, then we need to have the ability to treat patients and give 
them the medicine they need.
  The Senator from Massachusetts read part of this letter. Senator 
McCain read the full text of the letter earlier today. It confirms this 
legislation is not being driven by a small group of fanatics but, 
rather, by the entire medical community. When I say ``medical 
community,'' it is more than just doctors. It includes nurses. It 
includes all the people who help render care to patients.
  I say to my friend from Massachusetts, I commend him, Senator McCain, 
and Senator Edwards for their diligence in doing something the American 
people need. We all have had the experience of having sick people in 
our families and seeing if care can be rendered. We know how important 
a physician is. When a loved one of mine is sick, I want the doctor to 
have unfettered discretion to do whatever that doctor, he or she, 
believes is best for my loved one. That is what this Patients' Bill of 
Rights is all about. When a doctor takes care of a patient, let the 
doctor take care of the patient.
  Mr. KENNEDY. I thank the Senator. He has summarized the purpose of 
this legislation. As the Senator knows now, we are ensuring there will 
be remedies for those patients if the HMO is going to make a judgment 
and overturn that medical decision with internal and external appeals.
  Now the matter before the Senate is to make sure that appeal is truly 
independent and not controlled by the HMO, not paid for by the HMO. As 
I mentioned earlier in my presentation, 33 States at the present time 
do not permit the HMOs to make the determination and select the 
independent reviewer. That is our position. That is in the McCain 
amendment. We do not want to have an appeals provision that is rigged 
in favor of the HMO that may be making the wrong decision with regard 
to the patient's health in the first

[[Page 11839]]

place and then be able to select the judge and jury to get it to 
reaffirm an earlier decision which is clearly not in the interest of 
the patient.
  Mr. REID. I say to my friend from Massachusetts, the manager of this 
bill, before I came to Congress, I was a judge in the Nevada State 
Athletic Commission for prize fights. As the Senator knows, Nevada is 
the prize fight capital of the world. One thing they would not let the 
fighters do is pick the judges. They thought it would be best if some 
independent body selected the judges to determine who was going to sit 
in judgment of those two fighters.
  It is the same thing we have here. We simply do not want the 
participants picking who is going to make the decision. That should be 
made by an unbiased group of people who have nothing to gain or lose by 
the decision they make.
  This is very simple. This sense-of-the-Senate resolution says that if 
there are going to be people making a decision, they should be 
unbiased; they should be people who have nothing in the outcome of the 
case. Is that fair?
  Mr. KENNEDY. I agree. Senator, as you may know, the language in the 
alternative legislation not only permits the HMO to select the reviewer 
and to pay that, but also it preempts all the other States that have 
set up their own independent review, and 33 of the 39 that have set up 
their reviews have chosen a different way from this process, a truly 
independent review. They would effectively be usurped or wiped off the 
books.
  We hear a great deal about State rights and not all wisdom is in 
Washington. This is a clear preemption of all of the existing State 
appeals provisions. It is done in a way that permits the HMO to be the 
judge and jury. That is why the McCain amendment--which says there will 
be an independent selection of review, and we will not preempt the 
States--makes a good deal of sense.
  Mr. REID. If I could refer a question to the Senator from New 
Hampshire, our time under the agreement is just about out. Are you 
arriving at a point where you might offer the other amendment?
  Mr. GREGG. I hoped we would be. Some of the Senators involved in that 
amendment are at the White House, so we are waiting for them to return. 
When they return, we will be ready to proceed.
  Mr. REID. I have been told they probably won't return until about 
3:30.
  Mr. GREGG. I suggest we divide the time between now and 3:30 between 
the two sides equally.
  Mr. KENNEDY. I don't know at this time of other amendments on this 
side. We are making good progress dealing with this legislation. We are 
eager to address these other matters. There are continued conversations 
on some of the issues. We certainly welcome ideas that can protect the 
patients. Looking at this realistically, we have several Members who 
want to address the Senate and have spoken to me several times that 
they would like to make comments about the legislation. We can use the 
time productively, but we indicate we are ready to deal with amendments 
and we look forward to receiving them. We want to continue business.
  We thank the Senator from New Hampshire for his cooperation. I will 
notify my colleagues who might want to speak.
  Mr. REID. We have no objection to the request of the Senator from New 
Hampshire.
  Mr. GREGG. I ask that the time between now and 3:30 be equally 
divided between myself and Senator Kennedy, and any quorum calls be 
divided between each side.
  The PRESIDING OFFICER (Mr. Carper). Without objection, it is so 
ordered.
  Mr. REID. Mr. President, I have been reading into the Record names of 
organizations that support this legislation. I will read some of the 
names into the Record. If someone from either side desires to speak, I 
will cease.
  I have been through the A's, B's and C's of organizations supporting 
this legislation, hundreds of names. I begin with the D's:

       Daniel, Inc.; Denver Children's Home; DePelchin Children's 
     Center in TX; Developmental Disabilities; Digestive Disease 
     National Coalition; Dystonia Medical Research Foundation; 
     Easter Seals; Edgar County Children's Home; El Pueblo Boys' 
     and Girls' Ranch; Elon Homes for Children in Elon, College, 
     NC; Epilepsy Foundation; Ettie Lee Youth and Family Services; 
     Excelsior Youth Center in WA; Eye Bank Association of 
     America; Facing Our Risk of Cancer Empowered; Families First, 
     Inc.; Families USA; Family & Children's Center Counsel; 
     Family & Children's Center in WI; Family & Counseling Service 
     of Allentown, PA; Family Advocacy Services of Baltimore; 
     Family and Child Services of Washington; Family and 
     Children's Service in VA; Family and Children Services of San 
     Jose; Family and Children's Services in Tulsa, OK; Family and 
     Children's Agency Inc.; Family and Children's Association of 
     Mineola, NY; Family and Children's Center of Mishawaka; 
     Family and Children's Counseling of Louisville, KY; Family 
     and Children's Counseling of Indianapolis; Family and 
     Children's Service of Minneapolis, MN; Family and Children's 
     Service in TN; Family and Children's Service of Harrisburg, 
     PA; Family and Children's Service of Niagara Falls, NY; 
     Family and Children's Services in Elizabeth, NJ; Family and 
     Children's Services of Central, NJ; Family and Children's 
     Services of Chattanooga, Inc. in TN; Family and Children's 
     Services of Fort Wayne; Family and Children's Services of 
     Indiana; Family and Community Service of Delaware County, PA; 
     Family and Social Service Federation of Hackensack, NJ; 
     Family and Youth Counseling Agency of Lake Charles, LA; 
     Family Centers, Inc.; Family Connections in Orange, NJ; 
     Family Counseling & Shelter Service in Monroe, MI; Family 
     Counseling Agency; Family Counseling and Children's and 
     Children's Services; Family Counseling Center of Central 
     Georgia, Inc.; Family Counseling Center of Sarasota; Family 
     Counseling of Greater New Haven; Family Counseling Service in 
     Texas; Family Counseling Service of Greater Miami; Family 
     Counseling Service of Lexington; Family Counseling Service of 
     Northern Nevada; Family Counseling Service, Inc.; Family 
     Guidance Center in Hickory, NC; Family Guidance Center of 
     Alabama; Family Resources, Inc.; Family Service Agency of 
     Arizona; Family Service Agency of Arkansas; Family Service 
     Agency of Central Coast; Family Service Agency of Clark and 
     Champaign counties in OH; Family Service Agency of Davie in 
     CA; Family Service Agency of Genesse, MI; Family Service 
     Agency of Monterey in CA; Family Service Agency of San 
     Bernardino in CA; Family Service Agency of San Mateo in CA; 
     Family Service Agency of Santa Barbara in CA; Family Service 
     Agency of Santa Cruz in CA; Family Service Agency of 
     Youngstown, OH; Family Service and Children's Alliance of 
     Jackson, MI; Family Service Association Greater Boston; 
     Family Service Association in Egg Harbor, NJ; Family Service 
     Association of Beloit, WA; Family Service Association of 
     Bucks County in PA; Family Service Association of Central 
     Indiana; Family Service Association of Dayton, OH; Family 
     Service Association of Greater Tampa; Family Service 
     Association of Howard County, Inc. IN; Family Service 
     Association of New Jersey; Family Service Association of San 
     Antonio, TX; Family Service Association of Wabash Valley, IN; 
     Family Service Association of Wyoming Valley in PA; Family 
     Service Aurora, WI; Family Service Center in SC; Family 
     Service Center in TX; Family Service Center of Port Arthur, 
     TX; Family Service Centers of Pinell; Family Service Council 
     of California; Family Service Council of Ohio; Family Service 
     in Lancaster, PA; Family Service in Lincoln, NE; Family 
     Service in Omaha, NE; Family Service in WI; Family Service 
     Inc. in St. Paul, MN; Family Service of Burlington County in 
     Mount Holly, NJ; Family Service of Central Connecticut; 
     Family Service of Chester County in PA; Family Service of El 
     Paso, TX; Family Service of Gaston County in Gastonia, NC; 
     Family Service of Greater Baton Rouge; Family Service of 
     Greater Boston; Family Service of Greater New Orleans; Family 
     Service of Lackawanna County, in PA; Family Service of Morris 
     County in Morristown, NJ; Family Service of Norfolk County; 
     Family Service of Northwest, OH; Family Service of Racine, 
     WI; Family Service of Roanoke Valley in VA; Family Service of 
     the Cincinnati, OH; Family Service of Piedmont in High Point, 
     NC; Family Service of Waukesha County, WI; Family Service of 
     Westchester, NY; Family Service of York in PA; Family Service 
     Spokane in WA; Family Service, Inc. in SD; Family Service, 
     Inc. in TX; Family Service, Inc. of Detroit, MI; Family 
     Service, Inc. of Lawrence, MA; Family Services Association, 
     Inc. in Elkton, MD; Family Services Center; Family Services 
     in Canton, OH; Family Services of Cedar Rapids; Family 
     Service of Central Massachusetts; Family Service of Davidson 
     County in Lexington, NC; Family Service of Delaware Counsil; 
     Family Service of Elkhart County; Family Service of King 
     County in WA; Family Service of Montgomery County, PA; Family 
     Service of Northeast Wisconsin; Family Service of 
     Northwestern in Erie, PA; Family Service of Southeast Texas; 
     Family Service of Summit County in Akron, OH; Family Service 
     of the Lower Cape Fear in NC; Family Service of the Mid-South 
     in TN;

[[Page 11840]]

     Family Service of Tidewater, Inc. in VA; Family Service of 
     Western PA; Family Services Woodfield; Family Services, Inc. 
     in SC; Family Services, Inc. of Layfette; Family Services, 
     Inc. of Winston-Salem, NC; Family Solutions of Cuyahoga 
     Falls, OH; Family Support Services in TX; Family Tree 
     Information, Education & Counseling in LA; Family Violence 
     Prevention Fund; Family Means in Stillwater, MN; Federation 
     of Behavioral, Psychological & Cognitive Sciences; Federation 
     of Families for Children's Mental Health; FEI Behavioral 
     Health in WI; Florida Families First; Florida Sheriffs Youth 
     Ranches; and Friends Committee on National Legislation.

  Mr. President, this is a partial list of the hundreds of names of 
organizations that support this legislation.
  This is the fourth day that I have read into the Record names of 
hundreds of organizations supporting this legislation. This list was 
prepared for me more than a week ago. It has grown since.
  When I finish this list, I hope we will have completed this 
legislation. But if we haven't, I will come back and read the new 
names.
  This is legislation that is supported by virtually every organization 
in America. It is opposed by one umbrella group--the HMOs. They are the 
ones paying for these ads. They are the ones that are running the 
advertisements in newspapers and television and now even radio ads the 
reason being that they have made untold millions of dollars while we 
delay this legislation.
  Every day that goes by is a lost opportunity for physicians to tell a 
patient what that patient needs and not have to refer to someone in an 
office in Baltimore, MD, as to what a patient is going to get in Las 
Vegas, NV.
  When I have my income tax done, every year I have an accountant do 
that. When myself or a member of my family needs to be taken care of, I 
don't want an accountant doing that. I want a doctor to do that.
  That is what this legislation is all about. I am so happy that we 
have a bipartisan group that the HMOs are not going to be able to stop.
  We are going to pass this legislation, send it over to the House, the 
conference committee will meet, and we will send a bill to the 
President that he will sign.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DAYTON. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Minnesota is recognized.
  Mr. DAYTON. Thank you, Mr. President.
  Mr. President, I rise today in support of S. 1052, the McCain-
Kennedy-Edwards Patients' Bill of Rights legislation. Minnesota, my 
home State, has one of the largest concentrations of HMO providers in 
the country. In fact, 90 percent of Minnesotans who are covered by 
their employers also receive their health care services through HMOs. 
Also, historically, the HMO concept originated in Minnesota by a 
Minnesota physician who has now renounced what HMOs have become.
  Originally, HMOs were going to herald in a new age of health care, 
with greater emphasis on prevention, on primary care, more efficient 
referrals, coordinated and integrated medical care, all leading to a 
better quality of medical services for patients at lower overall costs 
to our health care system.
  Integral also to their arguments was their conceit that the private 
sector always does it better than the public sector, that the large 
public health systems of Medicare and Medicaid, and other public 
reimbursement programs, were largely the ones to blame for these 
skyrocketing health costs, and that private-sector HMOs and insurance 
companies could manage health care dollars so much better than 
Government and provide better quality for less quantity of dollars.
  However, once they got into the profession, they found that it was 
not quite that easy, that quality care costs money. There is always 
some con artist in this country who claims we can have something for 
nothing, or at least more for less. But the reality is, quality health 
care costs money. Well-qualified, highly trained, life-saving doctors, 
nurses, and attendants deserve to be well paid; and that costs money. 
Advanced lifesaving diagnostic equipment costs money. State-of-the-art, 
well-staffed hospitals and clinics cost money. And providing enough of 
all of the above, to take care of all the patients across this Nation, 
costs money, more money than most of these health care delivery or 
insurance systems wanted to spend.
  So HMOs became what I call them ``HNOs'': The way to save money 
became to say no; deny care; deny treatments; deny claims. Health care 
providers became health care deniers. As these HMOs became larger and 
larger, business operations--whether for-profit or nonprofit--their 
``no'' bureaucracies became bigger and more important. Stock prices, 
executive compensations, retained earnings all became dependent on 
their ability to grow and to say no, deny patient care to produce 
profits at cost savings, to grow to produce ever more profits.
  The PRESIDING OFFICER. The time of the majority has expired.
  Under a previous agreement, the time until 3:30 was to be equally 
divided between the majority and minority. The time of the minority has 
expired.
  Mr. GREGG. Mr. President, how much time does the Senator think he 
needs to make his statement?
  Mr. DAYTON. I say to the Senator from New Hampshire, another 10 
minutes. But I will return to speak another time.
  Mr. GREGG. No. We have no speakers at this time. I am happy to yield 
10 minutes to the Senator from Minnesota. And I ask unanimous consent 
for 10 minutes to be added to our time.
  The PRESIDING OFFICER. Is there objection?
  Mr. BYRD. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. I wonder if I might be able to have the floor to speak.
  Mr. GREGG. What amount of time does the Senator from West Virginia 
need?
  Mr. BYRD. Thirty minutes.
  Mr. GREGG. I have no problem with that on my side, as long as our 
side will receive an equal amount of time. So that would be 40 minutes; 
10 minutes to Senator from Minnesota, 30 minutes to the Senator from 
West Virginia; and then 40 additional minutes to be added to our side's 
time. And the Senator from West Virginia be recognized after the 
Senator from Minnesota.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Minnesota.
  Mr. DAYTON. I would be happy to yield the floor to the Senator from 
West Virginia.
  The PRESIDING OFFICER. Does the Senator from Minnesota wish to 
conclude his remarks?
  Mr. DAYTON. I yield to the Senator from West Virginia.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized 
for up to 30 minutes.
  Mr. BYRD. Mr. President, I thank both Senators.
  (The remarks of Mr. Byrd are located in today's Record under 
``Morning Business.'')
  Mr. DAYTON. Mr. President, I thank the great Senator from West 
Virginia for his erudite discourse on the trade agreement which gives 
me remarks as I shall present them to my constituents in Minnesota. I 
thank the distinguished Senator.
  Mr. BYRD. Mr. President, I thank my colleague. I thank him very much.
  Mr. DAYTON. Mr. President, to continue where I left off, a great 
American once said that a house divided against itself cannot stand. 
Our Nation's health care providers unfortunately are fundamentally 
divided against themselves. Their avowed purposes are to provide health 
care to their members, their clients, and their patients. Yet their 
financial success depends increasingly on not providing health care to 
their members, their clients, and their patients, and their members, 
clients, and patients are increasingly the victims of their own health 
care providers.

[[Page 11841]]

  Why do we even need a Patients' Bill of Rights to protect us from our 
own health care providers?
  The fact we even need this legislation, the fact we are debating it 
in the Senate today, says how badly our Nation's health care system has 
deteriorated. A Patients' Bill of Rights, even if necessary, should 
consist of two words: Doctors decide. Doctors decide what diagnostic 
procedures, what treatments, what surgeries, hospitalizations, and 
rehabilitation therapies are needed. The health care providers provide 
them, and the insurer pays for them. It is that simple. It is that 
sensible. It is that lawsuit free.
  Our distance from it today is a measure of our social insanity. It is 
the measure of our health care idiocy. But that is where we are today.
  There is a term used in sports these days, trash talking. There is a 
lot of trash being talked about this legislation: It will explode the 
costs of health care; it is going to cost employees their health care 
coverage; it will drive businesses into bankruptcy. Those are the same 
smears and scare tactics that were used against Social Security, 
against Medicare, against workers' compensation, against unemployment 
compensation, and against family leave. Is there anything that is good 
for the American people that is not bad for American business?
  I don't entirely blame them, because those business men and women 
have been talked trash to, as well, by their partners in these health 
care enterprises. Many businesses across this country are bedeviled by 
increasing costs of their health care. They want to do the right thing 
for their employees, but they are not in the business of administering 
health plans. I am sympathetic to this. But I say to those big leaders, 
if you want to get out of the business of providing health care 
coverage for your employees, then you need to actively support a better 
alternative, a separate system of true national health care which is 
devoted to providing care, not to avoiding costs.
  Last Saturday in Minnesota, along with my distinguished colleague 
from Minnesota, Senator Wellstone, and our majority leader, Senator 
Daschle, we heard from several families who expressed their support for 
their legislation and the critical need for it from their life 
experiences. There was a father who spoke eloquently and powerfully 
about his 4-year-old daughter named Hope. Hope was born with spina 
bifida. As part of her treatment, six doctors--six physicians--
including one at the Mayo Clinic, prescribed certain physical therapy 
treatments for her. Yet her HMO was unwilling to provide or pay for 
those prescribed treatments. It took 8 months of banging their heads 
against this bureaucratic wall, paying for the treatments that they 
could afford out of their own pockets, forgoing other treatments that 
they knew were in the best interests of her young life, until they 
finally were able to break through and get the care she needed.
  A mother spoke of her 21-year-old daughter who died of an eating 
disorder. As she so powerfully stated last Saturday in St. Paul, MN, 
young people aren't supposed to die of eating disorders. But her 
insurance company refused to pay for the necessary evaluation of her 
daughter's illness, it refused to refer her to a specialist who might 
have made the correct diagnosis, and that young woman is dead today. 
Her life has been snuffed out, taken away from her family. Her mother 
set up a foundation just for this purpose, to advocate for the care 
that should be provided for anyone else in that situation. What a 
horrible way for a parent to be pulled into this debate, by losing a 
daughter unnecessarily to a disease, an illness that should not have 
been fatal except for the lack of proper medical care, medical care 
that was available in our country and was not made available to her by 
her insurer.
  Finally, we heard from the wife of a husband and father of five 
children, a healthy, active, middle-aged man who suddenly, over the 
course of just a few months, was caught with some debilitating disease 
and confined to a wheelchair. For 8 months she and her husband tried to 
get their primary physician at an HMO to make a diagnosis that could 
lead to successful treatment. For 8 months this primary physician at 
the HMO was unable to make the diagnosis and refused to refer this man 
to a specialist elsewhere for that evaluation. He finally said to this 
patient, father of five, devoted husband: ``Maybe there is something 
you need to confess.''
  Can you believe the absurdity of that? ``Maybe there is something you 
need to confess''--as though there were some religious curse. This was 
a primary physician at an HMO. They could not escape the vice, the trap 
of that bureaucracy.
  Finally, on their own initiative, the wife was so desperate, they 
decided to risk their entire life savings and drove to the Mayo Clinic 
in Rochester, world renowned clinic, and signed papers saying they 
would pay personally for the costs of whatever treatments were 
necessary. The physician there made a diagnosis of a viral disease, an 
invasive disease, prescribed the necessary treatments, medications, and 
this man is now at least partially recovered. He tires easily and 
cannot stand for extended periods of time but is out of a wheelchair 
and hopefully back to a full recovery. It cost this family $25,000 out 
of their own pocket to get the medical care they needed. The HMO 
finally agreed to pay 80 percent of that cost.
  This legislation is not about lawsuits, it is about lives. It is not 
about trial lawyers but people, patients, mothers, fathers, children. I 
am not interested in lawsuits. I hope there is never a lawsuit as a 
result of this legislation because that would mean there would never be 
the need for them. It would mean all Americans were receiving the 
health care they need, the health care they deserve, the health care 
for which they paid.
  I support this legislation, and I strongly urge my colleagues to 
support this as well.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Johnson). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KENNEDY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, we encourage and invite colleagues who 
have amendments to come to the floor. Having talked with Senator Gregg 
and others, I anticipate we will have an amendment dealing with the 
issue of medical necessity. That is an issue which is of very 
considerable importance in the legislation. It was the subject of a 
good deal of debate the last time we debated this legislation. It was 
the subject of a good deal of debate when we were in the conference. It 
was actually one of the few issues that were resolved in the 
conference.
  At this time, we have language in the McCain-Edwards legislation, of 
which I am a cosponsor, as well as in the Breaux-Frist measure, which 
is virtually identical. There are some small differences in there, but 
they are effectively very much the same. There will be an amendment to 
alter and change that issue. I will take a few moments now to speak 
about the importance of what we have done with the underlying 
legislation, and hopefully the importance of the Senate supporting the 
construct we have achieved.
  It is my anticipation that the amendment will probably be offered at 
about 5 o'clock this evening. We will have debate through the evening 
on that measure. Hopefully, we will have a chance to address it. There 
are several other amendments dealing with the issue of the scope of the 
legislation, as well as on liability. I understand we may very well 
have the first amendments on liability a little later this evening as 
well.
  This issue on medical necessity is of very considerable importance. I 
want to outline where we are and the reasons for it for just a few 
minutes.
  The legislation before the Senate closes the door against one of the 
most serious abuses of the HMOs and other insurance plans, and the 
ability of a plan to use an unfair, arbitrary, and biased definition of 
medical necessity to deny patients the care their doctor recommends.

[[Page 11842]]

  My concern is that the amendment we are going to see before the 
Senate is going to open that possibility again. We closed it with 
McCain-Edwards and also with the Breaux-Frist measure.
  The issue before us is as clear as it was when we started the debate 
5 years ago; that is, who is going to make the critical medical 
decisions--the doctors, the patients, or HMO bureaucrats?
  It is important for every Member of the Senate to understand how we 
got where we are on this issue. We started out by placing a fair 
definition of medical necessity. The plan would have to abide by the 
Patients' Bill of Rights itself. It was a definition that was 
consistent with what most plans already did.
  Every Democratic Member of the Senate voted for that approach. I 
still think it has much to commend it. But we heard complaint after 
complaint from the other side that putting a definition into law would 
be a straightjacket for health plans, it would prevent them from 
keeping pace with medical progress, and so on.
  So Congressmen John Dingell and Charlie Norwood changed that 
provision. They removed the definition of medical necessity from the 
law. Instead, they said, let the plans choose the definition that works 
best for them. But if a dispute went to an independent medical review, 
the reviewers would need to consider that definition. But they would 
not be bound by it in cases involving medical necessity; that is, they 
would be able to use in the review their own judgment in terms of the 
medical necessity. They would make the decision based on the kind of 
factors all of us would want for ourselves and our families--the 
medical condition of the patient, and the valid, relevant, scientific 
and clinical evidence, including peer-reviewed medical literature, or 
findings, including expert opinion.
  Mr. GREGG. Mr. President, will the Senator yield for a question?
  Mr. KENNEDY. Yes.
  Mr. GREGG. I understand the Senator's time has expired. I ask 
unanimous consent that whatever time the Senator consumes, an equal 
amount of time be added to our time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, at the time of these appeals, they would 
make the decision based on the kinds of factors all of us would want 
for ourselves and our families--the medical condition of the patient, 
and the valid, relevant, scientific and clinical evidence, including 
peer-reviewed medical literature, or findings, including expert 
opinion.
  Those factors essentially say that the independent medical reviewer 
should strive to make the same recommendation that the best doctor in 
the country for that particular condition should make. It is a fair 
standard. It is a standard all of us hope our health plan would follow.
  The Senate should understand that this was not only a bipartisan 
compromise between Congressmen John Dingell and Charlie Norwood, it was 
a compromise on which every member of our conference signed off in the 
last Congress, from Don Nickles and Phil Gramm to John Dingell and 
myself. In fact, this concept of letting the external reviewer consider 
but not be bound by the HMO's definition of medical necessity is also 
included in the Frist-Breaux bill endorsed by the President.
  On this issue, the legislation before the Senate is clearly the 
middle ground. It is the fair compromise. But my concern is that the 
amendment we will face will tilt us away from that compromise and more 
to the HMO's.
  Now the authors of this amendment claim that they have just provided 
a safe harbor for HMOs that want to be able to maintain a fair 
definition of medical necessity throughout the entire process. But our 
list of the factors that must guide the external reviewers' decision is 
already consistent with every fair definition of medical necessity. The 
fact is that this amendment may create a safe harbor for HMOs, but it 
tosses patients over the side into the storm-tossed seas. It would 
allow HMOs to adopt some of the most abusive definitions ever 
conceived. It ties the hands of the independent medical reviewers. It 
puts HMO bureaucrats in the driver's seat--and kicks patients and 
doctors all the way out of the automobile and is not in the interest of 
the patient.
  Our concern is that the amendment we anticipate will be offered will 
say that HMOs could adopt any definition used by a plan under the 
Federal Employees Health Benefits Program that insures Members of 
Congress and the President, by a State, or developed by a ``negotiated 
rulemaking process.'' Each of these approaches is fatally flawed, if 
our goal is to protect patients.
  The Federal Employees Health Benefits Program plans can change their 
definitions every year. An administration hostile to patient rights can 
accept any unfair definition it chooses. To be perfectly frank, even 
administrations that support a Patients' Bill of Rights have not paid 
much attention to these definitions, because they have so many other 
controls over the way the plans behave. And Senators and Congressmen 
can always get the medical care they want, regardless of the 
definitions in the plan's documents, but ordinary citizens cannot.
  So the Federal employees' plan can change these definitions. It is 
important that we establish the definitions so it is very clear to the 
patients about how their interests are going to be protected.
  States often provide good definitions of medical necessity, but 
sometimes they do not. Do we really want, after the tremendous struggle 
we have gone through to pass this legislation, for consumers to have to 
fight this battle over this definition again and again in every State 
in the country year after year? I do not believe so. Administrative 
rule-making is only as fair as the participants. An administration 
hostile to patients' rights and sympathetic to plans can appoint any 
unfairly stacked set of participants that it wants.
  And finally, under the amendment, the plan gets to choose any one of 
these options. That is what we anticipate of the format of the 
amendment. So it could seek out the worst of the worst. But consumers 
get no comparable rights to demand the best of the best.
  If we look at the options that would be immediately available to 
health plans under the amendment, it is obvious why the disability 
community, the cancer community, the American Medical Association, and 
other groups who understand this issue are so vehemently opposed to 
that as an alternative--and why it is supported by no one but the 
health plans.
  There are no health groups that support that option--none, zero. All 
of the health groups effectively support what was worked out in the 
compromise last year and has been included in the legislation before us 
which, as I mentioned, I think is the real compromise.
  One Federal plan defines ``medical necessity'' as ``Health care 
services and supplies which are determined by the plan to be medically 
appropriate.'' That is a great definition. If the plan determines the 
service your doctor says you need is not appropriate, you are out of 
luck. There is nothing to appeal, because the plan's definition of 
``medical necessity'' controls what the external reviewers can decide.
  Another plan uses different words to reach the same result. It says, 
medical necessity is ``Any service or supply for the prevention, 
diagnosis or treatment that is (1) consistent with illness, injury or 
condition of the member; (2) in accordance with the approved and 
generally accepted medical or surgical practice prevailing in the 
locality where, and at the time when, the service or supply is 
ordered.'' Doesn't sound so bad so far, but here is the kicker. 
``Determination of `generally accepted practice' is at the discretion 
of the Medical Director or the Medical Director's designee.'' In other 
words, what is medically necessary is what the HMO says is medically 
necessary.
  Among those who have been most victimized by unfair definitions of 
``medical necessity'' are the disabled. Definitions that are 
particularly harmful to them are those that allow treatment only to 
restore normal functioning or improve functioning, not

[[Page 11843]]

treatment to prevent or slow deterioration.
  That is a key element in terms of the disabled community. Most of 
these definitions, even for Federal employees, say that they will 
permit the treatment just to restore the normal functioning or to 
improve functioning. So many of those who have disabilities need this 
kind of treatment in order to stabilize their condition, in order to 
prevent a deterioration of their condition; or if there is going to be 
a slow deterioration, to slow that down as much as possible.
  The only definition that really deals with that is the one which is 
in the McCain-Edwards and the Breaux-Frist legislation, which was 
agreed to because it does address that. That is why the disability 
community is so concerned about this particular amendment.
  Every person with a degenerative disease--whether it is Parkinson's, 
Alzheimer's, or multiple sclerosis--can be out of luck with this kind 
of definition.
  For example, in the clinical trials, you have to be able to 
demonstrate that the possibilities, by participating in the clinical 
trial, are going to improve your condition. There are other kinds of 
standards as well, but that happens to be one of them: to improve your 
kind of condition. We find that the Federal Employees Health Benefits 
Program uses language that is very similar to that.
  As I mentioned, when we are talking about those that have some 
disability--when you are talking about Parkinson's disease, Alzheimer's 
disease, multiple sclerosis--you have the kind of continuing challenge 
that so many brave patients demonstrate in battling those diseases, but 
you want to make sure that your definition of ``medical necessity'' is 
going to mean that really the best medicine that can apply to those 
particular patients, based upon the current evolving development of 
medical information, is going to be available to those patients.
  Another issue which should be of concern to every patient, but 
especially to those with the most serious illnesses, is the allowing 
cost-effectiveness to be a criterion for deciding whether medical care 
should be provided. The question is always, cost-effectiveness for 
whom, the HMO, or the patient? It was cost-effective for one HMO to 
provide a man with a broken hip a wheelchair rather than an operation 
that would allow him to walk again. It was cost-effective for another 
HMO to amputate a young man's injured hand, instead of allowing him to 
have the more expensive surgery that would have made him physically 
whole. It may be cost-effective for the HMO to pay for the older, less 
effective medication that reduces the symptoms of schizophrenia but 
creates a variety of harmful side effects rather than for the newer, 
more expensive drug that produces better cures and less permanent 
damage--but is it cost-effective for the patient and her family? Is 
this really the criterion we want applied to our own medical care or 
the care of our loved ones?
  And on a practical level, how in the world is an independent review 
organization ever supposed to judge cost-effectiveness. Its members 
under all the bills are health professionals, not economists. They have 
the expertise to decide on the best treatment for a particular patient, 
but they cannot and should not be asked to evaluate its cost-
effectiveness. To paraphrase our opponents, when your child is sick, 
you want a doctor, not an accountant. But here we have one of the State 
plans saying, in its definition of medical necessity, ``cost-effective 
for the medical condition being treated compared to alternative health 
interventions, including no intervention.''
  I urge my colleagues to stay with us on this definition and to resist 
an amendment to alter and change it. The amendment that we anticipate 
will reverse a bipartisan compromise broadly supported by Members of 
both parties. It is included in the bill the President has endorsed. 
The anticipated amendment will stand the whole goal of this legislation 
on its head.
  I think this is very likely to be a litmus test on the whole issue 
for the Senate. What we want to do is to make sure ultimately that it 
is the doctors who are going to make the best medical decisions, based 
on the information that they have available to them. That is what this 
legislation does, the McCain-Edwards, as well as in the Breaux-Frist. 
We do not want to change that. That has been basically supported by the 
President. It was supported in the conference. It represents basically 
the mainstream of the views of the Members of this body. We should 
resist any alteration or change of that particular provision.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, I ask unanimous consent I be permitted to 
speak as in morning business on the time of the Republicans.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KERRY. Let me begin by thanking my colleague, the senior Senator 
from Massachusetts, for his extraordinary leadership on this critical 
issue for our country with respect to the Patients' Bill of Rights. 
That is without any question the most important business before the 
country and the most important business before the Senate. I will 
return to the floor of the Senate either later today or tomorrow to 
share some thoughts with respect to that.
  (The remarks of Mr. Kerry are located in today's Record under 
``Morning Business.'')
  Mr. KERRY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. THOMAS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMAS. Mr. President, we have some time to speak on the bill on 
this side; is that correct?
  The PRESIDING OFFICER. The minority controls the next 41\1/2\ 
minutes.
  Mr. THOMAS. I thank the Chair.
  Mr. President, we have been on this bill now, it seems, for a very 
long time. It is very important, and indeed we should be on it. On the 
other hand, we also ought to be making some progress. It appears we are 
not. We hear all this talk about how we can get together, let's put it 
together, and we can agree. But I see nothing of that nature happening. 
It seems to me we continue to hear the same things coming forth. I hear 
a recitation of a great many people who are opposed to the bill listed 
off name by name. I suppose we can do that for the rest of the day.
  Here is a list of people opposed to the Kennedy bill. There are over 
100 names of businesses and organizations. I could do that, but I don't 
know that there is great merit in doing that. We have talked about what 
we are for, and I think, indeed, we Republicans have certain 
principles, and we have talked about that: Medical decisions should be 
made by doctors; patients' rights legislation should make coverage more 
accessible, not less; coverage disputes should be settled quickly, 
without regard to excessive and protracted litigation.
  Most of us agree that employers that voluntarily provide health 
coverage to employees should not be exposed to lawsuits. That is 
reasonable. Congress should respect the traditional role of States in 
regulating health insurance. That is where we have been and what works. 
We intend to stand by those principles. I don't think that is hard to 
agree with. We have talked about the President's conversations with 
some of the people on the other side of the aisle who apparently say he 
wants a bill and they think we can get together. But I don't see any 
evidence of that.
  It seems to me if we are going to do that, we ought to do it. 
Instead, it seems we are in this kind of bait and switch sort of thing 
that we hear. I think the McCain-Edwards-Kennedy bill, as described by 
the sponsors, is a far cry from what is written. How many times have we 
been through that? The sponsors promise it would shield employers from 
lawsuits, that it would uphold the sanctity of employer health care 
contracts, and require going through appeals before going to

[[Page 11844]]

court. However, when you look at the language of the bill, that is not 
what is there.
  One of the sponsors says: We actually specifically protect employers; 
employers cannot be sued under the bill. Yet you find in the bill 
itself exclusions of employers and other plan sponsors, and it again 
goes into causes of action. And then, unfortunately, the next provision 
says certain causes of action are permitted, and then it goes forward 
with how in fact they can be sued. They say, first of all, we 
specifically protect employers from lawsuits. Then it says in the bill 
that certain causes of action are permitted to sue them.
  So we don't seem to be making progress and meeting the kinds of 
agreements we have talked about. What we simply do is continue to get 
this conversation on the one hand, which is endless, and it isn't the 
same as what is in the bill. I don't know how long we can continue to 
do that.
  I am hopeful we can come to some agreement. I think people would like 
to have a Patients' Bill of Rights that ensures that what is in the 
contract is provided for the patient. I think we can indeed do some of 
those things. However, I have to say it seems to me if we intend to do 
it, we need to get a little more dedicated to the proposition of 
saying, all right, here is where we need to be on liability and let's 
see if we can work out the language to do that. We have been talking 
about it now for a week and a half. It is not there. All right. We are 
talking about the opportunity for holding to the contract, not going 
outside the contract. We need to have that language.
  So I think most of us are in favor of getting something done here, 
but we are getting a little impatient at the idea of continuing to 
recite the same things over and over again when in fact the bill does 
not say that. We ought to be making some propositions to be able to 
make the changes that indeed need to be made if that is our goal.
  Frankly, Mr. President, I hope that it is.
  I see other Members in the Chamber. I will be happy to yield the 
floor.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. GREGG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Mr. President, I yield back such time as I might have at 
this point.
  The PRESIDING OFFICER. The Senator's time is yielded back.
  Mr. REID. If the Senator will yield for a brief statement, there are 
efforts being made now to work out what some deem to be better language 
on the McCain amendment. If that is not possible, the Senator from New 
Hampshire and I have said we might be able to voice vote that anyway. I 
personally do not expect a recorded vote on that, but time will only 
tell.
  I ask unanimous consent that the McCain amendment be set aside and 
the Senator from Missouri be recognized to offer his amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Missouri.


                           Amendment No. 816

  Mr. BOND. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Missouri [Mr. Bond] proposes an amendment 
     numbered 816.

  Mr. BOND. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: to limit the application of the liability provisions of the 
Act if the General Accounting Office finds that the application of such 
     provisions has increased the number of uninsured individuals)

       On page 179, after line 14, add the following:

     SEC. __. ANNUAL REVIEW.

       (a) In General.--Not later than 24 months after the general 
     effective date referred to in section 401(a)(1), and annually 
     thereafter for each of the succeeding 4 calendar years (or 
     until a repeal is effective under subsection (b)), the 
     Secretary of Health and Human Services shall request that the 
     Institute of Medicine of the National Academy of Sciences 
     prepare and submit to the appropriate committees of Congress 
     a report concerning the impact of this Act, and the 
     amendments made by this Act, on the number of individuals in 
     the United States with health insurance coverage.
       (b) Limitation With Respect to Certain Plans.--If the 
     Secretary, in any report submitted under subsection (a), 
     determines that more than 1,000,000 individuals in the United 
     States have lost their health insurance coverage as a result 
     of the enactment of this Act, as compared to the number of 
     individuals with health insurance coverage in the 12-month 
     period preceding the date of enactment of this Act, section 
     302 of this Act shall be repealed effective on the date that 
     is 12 month after the date on which the report is submitted, 
     and the submission of any further reports under subsection 
     (a) shall not be required.
       (c) Funding.--From funds appropriated to the Department of 
     Health and Human Services for fiscal years 2003 and 2004, the 
     Secretary of Health and Human Services shall provide for such 
     funding as the Secretary determines necessary for the conduct 
     of the study of the National Academy of Sciences under this 
     section.

  Mr. BOND. Mr. President, it is clear that all of us agree that 
protection for patients of health care delivery systems is very 
important. Patients need to get quick, independent second opinions when 
their insurance company or their HMO denies care. Women need unimpeded 
access to obstetricians or gynecologists. Children need pediatric 
experts making decisions about their care and providing them care. 
Patients need to go to the closest emergency room and be confident that 
their insurance company or HMO will pay for the care.
  Those things ought to be understood as the basis on which we all 
agree. To say, as some have, that those of us on this side of the aisle 
are not concerned about patients is just flat wrong.
  I have spoken in the past about patients who are employees of small 
business, who are owners of small businesses, who are the families of 
small business owners. They do not get patient protection because they 
cannot afford insurance. They cannot even be patients because they do 
not have the care.
  We need to figure out how we can assure patient protections, get more 
people covered by health care insurance, health care plans, HMOs, and 
give them the protections they need within those plans.
  This bill is about balance. As we provide patient protections, we 
need to be concerned about how much we increase the cost of care 
because at some point these costs will start to bite. At some point, 
employers, particularly small business employers, will not be able to 
offer coverage to anyone so their employees cannot be patients. In 
addition, as prices go up, the employees or patients may not be able to 
afford their share of the insurance costs. The results: Fewer people 
with health care.
  It is generally understood that for every percent increase in the 
cost of health care, we lose about 300,000 people from health care 
coverage. It is a fact of life. No matter what we do here, no matter 
how much we expound and gesticulate and obfuscate, we cannot repeal the 
laws of economics. When something gets more expensive, you are going to 
get less of it. The question is, How far do you go? How much is too 
much?
  The folks on my side of the aisle have said we need to give patients 
basic, commonsense protections, such as the ones I mentioned in the 
beginning: Independent second opinions, access to emergency care, 
access to OB/GYN care, access to pediatric care, and many more. But 
that is not enough. Some of our friends on the other side have insisted 
on going forward. In addition to the consensus patient protections, 
they want to add an expensive new right to sue that poses a huge threat 
to runaway health care costs.
  There are some people who are very interested in the right to sue. 
Those people are called trial lawyers, and they do really well at 
bringing lawsuits. They get a lot of fees from winning those lawsuits, 
particularly if the

[[Page 11845]]

judgment is high and they have a good contingency fee contract. At the 
same time, those costs ultimately can deny people health care coverage 
because to pay these judgments, the companies involved have to raise 
costs.
  As we have debated this legislation, I have tried to focus on what 
patient protections are needed and on the other crucial questions: What 
will this bill do to employers' ability to offer health care insurance 
to their employees? How many health care patients might lose their 
coverage?
  I know proponents of this version of the bill do not want to talk 
about the people across America, the patients, who will lose their 
health insurance because this bill as a whole, including the new 
lawsuits, may cost more than a million people their health care 
coverage. We need to talk about it. We need to focus on it because over 
1 million people who have health insurance today--men and women who are 
getting their annual screenings, mothers-to-be who are receiving 
prenatal care, and parents whose children are getting well-baby care--
will be losing care because of this bill, and how many of them can we 
afford to lose?


  We will be losing health care coverage for seniors who are taking 
arthritis medicines, men and women who are being treated with 
chemotherapy or kidney dialysis, families waiting for a loved one to 
have heart bypass surgery. These are the lives that will be disrupted, 
even devastated, as a direct result of this bill. Whom will they have a 
chance to sue then? What good is the right to sue a health plan if I 
have lost my health plan in the first place? It does not do me much 
good.
  I have said in the past we know there are going to be people who lose 
their insurance coverage as a result of this bill. In the past several 
days, I have brought to the Chamber a chart that keeps a running total 
of the number of patients who will lose their health care coverage 
because their employers have told us that if the provisions of the 
current McCain-Kennedy bill with the right to sue employers are enacted 
into law, they will have no choice but to drop health care. They want 
to provide health benefits to their employees. They are important 
benefits, they are attractive benefits and ensure the employers get 
good work from employees, and they take care of the patients who are 
the employees and the families of the employees.
  These small businesses have told me if they are faced with lawsuits 
from one of their employees or dependents who do not get the right kind 
of health care, they cannot afford to take that risk. Health care costs 
are too much already. Health care costs are going up. They are seeing 
more and more of the costs burdening their ability to provide health 
care.
  In the past, I have read from letters from small businesses in 
Missouri that are fearful of losing health care coverage for their 
employees and their employees' dependents. These are real life examples 
of people who have written in, saying they are very worried about the 
provisions of the McCain-Kennedy bill.
  I read yesterday a letter from a fabricator company. Today I have a 
letter from an accounting group. They are a small business, currently 
insuring four employees at a cost of $1,935 a month; they pay 100 
percent of the premiums. Last year, their health care coverage costs 
went up 21 percent. They note there has been a steady increase over the 
past few years. They have had to pass these costs on to clients to 
cover the charges for their employees. At this rate, providing health 
insurance may become impossible. If the new Patients' Bill of Rights 
proposed by Senator Kennedy expands liability and results in employers 
being held responsible for medical court cases, they will certainly be 
forced to cancel this employee benefit.
  They go on to say:

       I do small business accounting every day.
       These are small mom-and-pop businesses that cannot exist if 
     they are treated in the same way as large businesses with 
     regard to employee benefits. Sometimes Congress forgets that 
     mom-and-pop businesses of America are simply people who are 
     working hard, day in and day out, just to maintain a moderate 
     lifestyle. While they are not poor, they are not employers in 
     the same sense as major corporations.
       Please help us keep our businesses and try to provide for 
     our employees.

  That is one thing we need to remember. As we look at things on a 
grand scale and look at large employers, we cannot forget the mom-and-
pop businesses providing a living for mom and pop, their families, 
their employees, and their employees' families. We want all of them to 
be able to get good health care coverage. We want them to have rights 
that they can exercise if the HMO or the insurance company denies them 
coverage. But we certainly don't want to throw them out of health care 
coverage.
  Here is another company in Missouri. They write:

       I have been doing business in Missouri for over 15 years 
     and have been providing health insurance to my employees 
     since November of 1993. At that time, counting myself, I 
     insured four employees at an average cost of $78.50 a month. 
     I now insure five at a monthly cost of $199.60, with the same 
     high deductible coverage. My cost has increased over 250 
     percent, way beyond the rate of inflation and way beyond the 
     growth of my business. I have just had to absorb this 
     increased cost in the bottom line. This bill Senator Kennedy 
     has now in committee looks like a disaster ready to happen. I 
     am not alone as a small business owner wondering if I might 
     be able to continue to offer this benefit to my employees in 
     view of the rising costs of the policies. If I would be 
     legally responsible for medical court cases, I might as well 
     just toss in the towel and close my business.

  Those are the mom-and-pop operations, the small businesses, the 
lifeblood of our economy, the dynamic, growing engine of our economy 
that provides the jobs and the well-being and meets our needs for 
services and goods that everybody wants to talk about and everybody 
loves as the small businesses. But we need to be sure we are not 
pricing them out of business or even costing them the ability to cover 
their employees' health care costs.
  Right now, our toll is 1,895 Missourians losing their health care 
coverage from what their employers have told us about the burdens they 
expect from the McCain-Kennedy bill. One can argue they may be wrong. I 
can make an argument based on reading the pages I have read before of 
exceptions under which an employer can be sued. But they would be well 
advised, if they cannot stand the costs of a lawsuit, to give up their 
health insurance. You can argue about it one way or the other, but 
1,895--almost 1,900--employees will be thrown out of work, according to 
their employers who have communicated directly to us, if this measure 
is unamended and goes into effect.
  What are we going to do about it? I hope we can work on the liability 
sections. I have heard people want to compromise. I haven't seen that 
compromise yet. So I will offer a very simple proposal. My amendment 
says one simple thing: At a certain point, enough is enough. If more 
than one million Americans lose health care coverage because of this 
bill, the most expensive part of this bill, the right to sue, should be 
reevaluated.
  The beautiful thing about this amendment is, all of the disagreements 
that exist about how much the McCain-Kennedy bill will increase costs 
and how many people will lose coverage won't matter. We will never get 
an agreement on this floor, I don't believe, on just how many people 
will be knocked out. So we won't rely on predictions. All that will 
matter is what actually happens.
  Health economists assure this analysis can be done, they say, over a 
2-year period, and we will look at employment patterns, inflation, 
health regulations, or policy measures other than patient protections 
and other factors that affect employers and employees' ability to 
purchase coverage. Economists can estimate how many people lose 
coverage due to a major piece of health legislation. The Institute of 
Medicine has more than enough expertise and brain power at its disposal 
to do this.
  The amendment I have proposed says not later that 24 months after the 
effective date, and thereafter for each of the 4 succeeding years, the 
Secretary of Health and Human Services shall ask the Institute of 
Medicine of the National Academy of Sciences to prepare and submit to 
the appropriate committees of Congress a report concerning the impact 
of the act on the number of

[[Page 11846]]

individuals in the United States with health care insurance.
  Then, if the Secretary, in any report submitted, determines more than 
one million individuals in the United States have lost their health 
insurance coverage as a result of the enactment of this act as compared 
to the number of individuals with health insurance coverage in the 12-
month period preceding the act, then the liability section shall be 
repealed, effective on the date 12 months after the date on which the 
report is submitted. The Department of Health and Human Services is 
authorized to get funding for the conduct of the study, the National 
Academy of Sciences.
  It is very simple. If it throws more than a million people out of 
health care coverage, then we repeal the liability section. Then 
Congress comes back and looks at it and says: Can we do a better job? 
We don't have to rely on any estimates or predictions. We can find out 
how many people have lost their coverage. I think a million people is a 
lot. But granted, anything we do is going to have a cost. What 
constitutes too much? I propose that as a starting point we say that 1 
million people losing coverage is too much.
  The two key issues in this debate are:
  First, access to care; second, access to coverage.
  Patients need access to care without undue managed care interference. 
Thus, we need a patient protection bill. That is the external appeal. 
That is the right to see certain specialists, and the very important 
provisions we have in it. But the patients also need access to 
coverage. Are we going to get more people covered? Are we going to 
knock more people out of coverage?
  The ability to sue HMOs sounds nice. But at what price? If the 
ability to sue HMOs and the ability to sue employers is too high, and 
if the price is 1 million Americans who lose coverage, then that price 
is too high.
  I urge my colleagues to accept this amendment. I believe it is one 
way to make sure that we have a fail-safe mechanism to make sure that 
we observe that basic principle of medicine: first do no harm. I think 
a million individuals losing health care coverage is harm. That is why 
I suggest that we should agree to the amendment.
  Mr. President, I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GREGG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Mr. President, I rise in support of the excellent idea of 
the Senator from Missouri.
  One of the big concerns that has been heard expressed throughout this 
entire debate has been the effect especially of the plethora of 
lawsuits which would be created under the present bill as it is 
structured on employers, especially small employers, and their 
willingness to continue to offer health insurance to their employees.
  The real issue for most people is, first, do they have health 
insurance. When someone goes to find a job, one of the key conditions 
that most people look at is if that job has a decent health insurance 
package that is coupled with it. This is an extraordinarily big problem 
for not only people working at high-level jobs but especially people 
who work at entry-level jobs and in between.
  You can take large employers in the retail industry or large 
employers in the manufacturing industry. In all of these areas, 
employees see as one of their primary benefits the pay they receive, 
obviously, but additionally the fact that they have good health 
insurance from their employers.
  Then with the smaller employers, people who run small restaurants or 
small gas stations, or small mom-and-pop manufacturing businesses, the 
people who work for those folks also appreciate greatly the fact that 
they might have a health insurance package that is coupled with their 
employment. This is especially true for families. I don't think there 
is anything a family fears more than having a child get sick and not 
having adequate coverage, and not being able to get that child into a 
situation where they can be taken care of, or alternatively having 
their savings wiped out by the need to do something to take care of 
that child who has been sick, or a member of the family.
  Quality insurance is absolutely critical.
  We should not do anything that undermines the willingness of 
manufacturers, of employers, of small businesspeople, of mom and pop 
operators to offer insurance to their employees. It should almost be a 
black letter rule for this bill that we do not do something that is 
going to take away insurance because, as I have said before in this 
Chamber, there is no Patients' Bill of Rights if a person does not have 
insurance. They have no rights at all because they do not have any 
insurance.
  So what the Senator from Missouri has suggested is a very reasonable 
approach. If this bill, as it has been proposed, is such an 
extraordinarily positive vehicle in the area of giving people rights 
for their insurance and is such a positive vehicle in the area of 
allowing people who interface with their health agencies to get fair 
and adequate treatment from their health agencies, then the authors of 
this bill should have no objection to the amendment offered by the 
Senator from Missouri.
  Because the Senator from Missouri isn't suggesting that the bill 
should be changed in any way. He is simply saying, if the effects of 
the bill are that people are thrown out of their insurance and no 
longer have the ability to hold insurance because their employer says, 
``We are not going to insure you anymore; we can't afford it because of 
the number of lawsuits that are going to be thrown at us as a result of 
this bill,'' if that is the case, and more than one million people in 
America--and that is a lot of people--lose their insurance, then the 
liability section of this bill will not be effective. It does not 
affect the underlying issues of access and does not affect the 
underlying issues of the ability to go to your own OB/GYN or your own 
specialist or the various other specific benefits which are afforded 
under this bill, most all of which there is unanimous agreement on in 
this Senate.
  All it simply says is, listen, if the liability language in the bill 
simply isn't going to work because it throws a million people out of 
their insurance and, therefore, a million people lose their rights 
versus gain rights under this bill, then we basically do not enforce 
liability provisions until that gets straightened out. The Congress can 
come back at that time and take another look at the liability 
provisions and correct them. At least nobody else will be thrown out of 
the works because of the liability provisions; they will essentially be 
put in a holding pattern by this amendment.
  That is an entirely reasonable approach. Instead of saying we are 
going to function in a vacuum in this Chamber, where essentially we 
throw out ideas that we think are good but don't know what is going to 
happen, this is essentially saying, all right, if we think we have 
ideas that are good, we are going to hold those ideas to 
accountability.
  We heard the Senator from Massachusetts talking about accountability 
in another section of this bill. He brought up the education bill, 
which we talked about for the last 7 weeks before we got to this bill. 
And the issue was accountability. Does it work? The education bill we 
passed has language in it that essentially took a look at what had 
happened in order to determine what would occur in the future. What 
Senator Bond has suggested is that we do that under this bill. It is a 
very practical suggestion. He is saying if a million people lose their 
insurance, then we will put the liability language in the bill on hold 
until we can straighten it out. Actually, it would be sunsetted.
  The practical effect of that is, I presume, Congress would come back 
and say, listen, we didn't intend to have a million people lose their 
insurance. Our purpose in this bill was to give people more rights, not 
to give them less rights. You give people less rights if they lose 
their ability to have insurance.

[[Page 11847]]

  So by taking this language we will be in a position of being sure 
that what we are doing in this Chamber, and what we are doing in the 
isolation of the legislative process--although we get input, we never 
really see the actual events--will have a positive impact. We will know 
that if it isn't having a positive impact, there will be a consequence. 
The consequence is that that part of the bill, which has created the 
negative impact--throwing people out of their insurance--will be held 
up or stopped or sunsetted until we can correct it.
  So the Senator's concept in this amendment makes a huge amount of 
common sense. It is truly a commonsense idea. I guess it comes from the 
``show me'' State. Nobody has used that term today on this amendment. I 
do not think they have described it that way. This is a classic ``show 
me'' amendment. This says: Show me how the bill works. If the bill does 
not work, OK, we are going to change it to the idea of having this 
trigger, which establishes whether or not the bill is positive or 
whether the bill is negative. If the bill is negative--``negative'' 
meaning over a million people losing their insurance as a result of the 
effects of this bill--then we sunset the liability language.
  I do think it is important to stress that this amendment does not 
sunset the whole bill. It just focuses on the liability sections within 
the bill, which sections I have severe reservations about and have 
referred to extensively in this Chamber, which I think are going to 
have unintended consequences which will be extraordinarily negative on 
employees in this country where a lot of people are going to lose their 
insurance.
  This amendment just goes to that section of the bill. It doesn't go 
to the positive sections of the bill that there is general agreement 
on. It does not even go to those sections of the bill where there isn't 
general agreement on, such as the scope issues of States' rights or the 
contract sanctity issue, for that matter.
  But it does go to this question of, if you have people losing their 
insurance because their employers are forced to drop that insurance 
because it has become so expensive as a result of the liability 
provisions of this bill, then, in that case, where that happens to a 
million people--a million people, by the way, is essentially the 
population of the State of New Hampshire. It is not the population of 
Missouri, but essentially we have 1,250,000 people in New Hampshire, so 
we are talking about not an inconsequential number of people; it is 
pretty much the whole State of New Hampshire. So it is a reasonable 
threshold.
  If a million people lose their insurance because employers cannot 
afford it, because the liability costs have driven them out of the 
ability to ensure their employees, then we should stop that; we should 
end that liability language and take another look at it as a Congress 
and correct it.
  So I congratulate the Senator from Missouri for offering this classic 
``show me'' amendment. It is very appropriate that it has been offered 
by the Senator from Missouri, from the ``show me'' State. It makes 
incredible common sense. I also would say it is a ``Yankee 
commonsense'' amendment. So we shall claim it for New England also. I 
join enthusiastically in supporting this amendment.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Dayton). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SANTORUM. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SANTORUM. Mr. President, I rise in support of the Bond amendment. 
I commend the Senator for standing up and trying to mold patient 
protection legislation to comply with a fundamental principle that he 
has repeated many times today: The first order of business in medicine 
is to do no harm. And building on this principle, as I continue to 
iterate so many times when I come to this Chamber to speak, we cannot 
afford to ignore what I believe to be the No. 1 problem in health care 
today: the fact that we have anywhere between 42 and 44 million people 
who do not have health insurance.
  I will state again for the record--and I am happy for anyone to come 
forward and tell me differently--there is not one thing in this bill 
that increases the number of insured people in America, not one thing. 
This is a pretty good-sized bill. It has 179 pages to it. Not one page, 
not one paragraph, not one sentence, not one word will cover one 
additional person in America.
  For many of the people who are the greatest critics of the health 
care delivery system in this country, the paramount feature of which 
they are most critical is the number of uninsured in our society. If 
there is a criticism levied by people around the world against 
America's health care system, it does not have to do with quality of 
care. I think everyone will agree that America pretty much sets the 
gold standard in terms of the quality of care delivered to patients. I 
think most people say, yes, the best health care in the world is 
available here in the United States. But the critics around the world 
will say, it may be the best system but you have 42 to 44 million 
people in this country who are not insured.
  Do you think the first health care bill we are considering here in 
the Senate should consider what most people see as the greatest problem 
with America's health care system? Most people in this country would 
say, yes, that is what we should be considering. But this bill doesn't 
do that. Interestingly enough, what does this bill do? It provides 
patient protection. That is great. I am for that. There are a group of 
people in this country, people who have health insurance plans that are 
regulated solely by the Federal Government, who have very few patient 
protections afforded to them because they are not covered under State 
patient protection laws. So we should pass a Federal Patients' Bill of 
Rights to cover those people. I am all for that, and we should have 
adequate protection.
  But what this bill does, what the Senator from Missouri is trying to 
really focus on, is it does a whole lot of other things that will cause 
at least one million more Americans to become uninsured. Now, I am 
pleased that the President of the United States has vowed to veto this 
legislation should it come to his desk in its present form for 
signature. But if for some reason it is enacted into law, maybe over 
the President's objections, this will result in millions more being 
uninsured.
  You can put all the benefits aside. Let's assume this is the greatest 
patient protection bill in the history of the world, that as a result 
of this bill, patients will be supremely protected, a notion, of 
course, with which I take issue. I don't believe that will occur. But 
let's assume it does. The result of this bill will be millions more 
uninsured. In particular, if the liability provisions of this bill are 
enacted, which allow employers to be sued--and that is really the issue 
that is at heart of the Bond amendment, if it allows employers to be 
sued, to practically an unlimited extent--you won't have a million or 2 
million people who won't have insurance as a result of this bill. You 
will have tens of millions of people who will lose their insurance. 
Why? Do I say I am against employer liability because I love employers? 
No. Employers are nice people. Employees are nice people. They are all 
nice people. The question is, What is the effect of holding employers 
liable? The effect of holding employers liable is employers who 
voluntarily provide health insurance as a benefit, will simply stop 
providing that benefit because it will jeopardize their entire 
business. If they can be sued for a decision that is made with respect 
to a benefit they voluntarily provide one of their employees, the 
provision of which is not the core function of their business, they are 
simply going to stop providing that benefit.
  That is what the Senator from Missouri is trying to get at. If we 
cause, as a result of the employer liability provisions, and some of 
the general liability provisions, and some of the contract provisions, 
which basically allow outside entities to rewrite contracts in

[[Page 11848]]

litigation and in appeals, if we open up this Pandora's box of problems 
for employers to continue to provide insurance to their employees, 
employers will do what employers must do: first, protect the survival 
of their business. And this will be a direct threat to the survival of 
their business.
  What is now a pleasant benefit that you can provide to your employees 
and something that you can help to attract employees with by providing 
good health care insurance will become a serious liability risk that a 
business simply cannot afford to take.
  The Senator from Missouri is saying, very simply: We have a great 
patient protection bill here, but we have the very real potential of 
having a tremendous downside, in really hurting people.
  I am very sympathetic about all the cases being brought forward, 
about the need for patient protection. I think you will find fairly 
universal agreement on this side that we want to provide those 
protections. But the first protection should be to preserve the 
possession of insurance in the first place. If we deny them that 
protection, all these other protections don't matter, really, if they 
lose their insurance. This could be a great bill, but if you don't have 
insurance, then this bill doesn't help you. In fact, it can hurt you 
because it can cause the loss of your insurance.
  What the Senator from Missouri is saying is: Let's go through, and we 
will work on some more amendments. We will try to get this thing honed 
down until we have a good patient protection bill. If we can't fix the 
liability provisions, which I don't know whether we will be able to or 
not, at least let's say that if the liability provisions are what we 
believe they are, in other words, problematic to the point of causing 
devastation to millions or at least a million people in losing their 
insurance, then we should have a trigger.
  You are seeing all of these kinds of comments by folks who are 
supportive of this bill and supportive of the liability provisions in 
the bill saying: Hey, this isn't going to hurt anybody. We are not 
going to cause any problems with this. No, no, no, employers aren't 
going to drop their coverage. Health care costs are not going to go up. 
Millions more won't be uninsured.
  They will make that statement and have made that statement over and 
over again. Fine. They may be right.
  What happens if they are wrong? What happens? What happens if past 
experience is any guide, if we are right and millions do become 
uninsured? Should we have to wait for an act of Congress for this body 
generally to realize that we made a mistake and have to come back 
through this whole legislative process to repeal the problem here? 
Should we have to wait for that? Or should we just simply have a 
trigger that says, look, if we made a mistake, if we made a mistake, if 
we were wrong, then we are going to immediately cancel that portion of 
the bill that is causing the problem upon recognition that we have a 
problem of a million uninsured.
  As the Senator from New Hampshire said, a million people is a lot of 
folks, a lot of children, a lot of families. It is a lot of people who 
are going to go without health care. If what we really care about is 
providing good, quality health care, the first thing we should care 
about is to get them an insurance policy in the first place.
  One of the things that strikes me most about this bill is blithe 
references as to how we are going to go out and get the HMOs. These 
HMOs are a bunch of bean counters who don't care about people. There is 
all these horrible cases about HMOs.
  My understanding is that the liability provision that allows you to 
sue your employer, that allows you to sue your insurance company, does 
not just apply to HMOs. It applies to PPOs. It applies to all insurance 
contracts. Obviously, if it is a fee-for-service contract and there is 
no limitation on what provider you want to go to, that is one thing. 
But in most insurance plans today that are not HMOs, there is some 
limitation of some sort, certainly some limitation on procedures that 
are covered. But that is not what is talked about here, folks. What we 
talk about, when they talk about this liability provision, they are 
talking about these nasty HMOs.
  What they don't tell you is that it ain't just the nasty HMOs that 
can be sued under this bill, it is any insurance company who provides 
any insurance product and any employer that provides any insurance 
product.
  Oh, that is a different story, isn't it? You don't hear them up there 
railing against those nasty fee-for-service plans or those nasty PPO 
plans because they don't poll as well as going after those nasty HMOs. 
But this isn't just about nasty HMOs, this is about all insurance 
products. There is no way out of this liability provision unless, of 
course, you just want to say to your employees: We will cover 
everything. Doesn't matter what you want, where you want to go, we will 
just pay for everything you want. Of course, we all know what an 
exorbitant cost of that would entail, and so this is neither practical 
or realistic.
  The point is, this bill has serious consequences for millions of 
people who are on the edge, whose employers are sitting there right now 
saying: Well, I have a 13 to 20 percent increase in my premiums this 
year. The economy is flattening out a little bit. I am looking forward. 
I will tighten my belt a little bit more, and we will continue to 
provide health insurance to our employees. Then this bill comes along, 
which will increase costs more and potentially expose them to liability 
for doing what is right by their employees and providing insurance to 
them.
  I haven't talked to an employer yet, I have not talked to an employer 
yet who told me that if this bill passes and they are liable for 
lawsuits simply because they are providing a health benefit to their 
employees, I haven't talked to one employer who has told me that they 
will keep their insurance.
  They can't. How can they? In good conscience to their shareholders or 
the owners of the company, how can they keep providing a benefit that 
simply opens up a Pandora's box of liability, 200 causes of action, in 
State court, Federal court, unlimited damages, unlimited punitive 
damages, and allow clever lawyers to forum shop all over the country so 
as to find that good court down in Mississippi in a small county there 
that is used to handing out $40 million or $50 million jury awards.
  I ask you, whether you are an employer or employee, put yourself in 
the shoes of a small businessperson who has 20 employees, barely making 
ends meet, running a small business--maybe a family business--their 
employees are like members of the family. You have lots of businesses 
like that across America. They want to do well by their employees 
because they are like family. So they provide good benefits, good pay, 
and even before family and medical leave, they gave time off when their 
employees were sick or they needed to take care of their children who 
were sick at school.
  Now comes this bill that says if one person has a problem with the 
health care system and the insurance policy that employer offered 
didn't give them everything they wanted, and some savvy lawyer decides 
he or she can get you everything you want and more, and all of a sudden 
that family business that employs 20 or so people in the community all 
of a sudden that business is on the hook. And maybe they may even 
prevail against a lawsuit, but how many tens of thousands of dollars is 
it going to take, or hundreds of thousands, simply to defend the 
lawsuit? We are talking about big awards. I can tell you that a lot of 
companies are just going to be worried about fighting the lawsuit in 
the first place, about being dragged into court to prove positive 
against the liability ambiguities in this legislation?
  I am just telling you that what the Senator from Missouri has put 
forth is a reasonable amendment. We will have amendments on the floor 
dealing with employer liability. We must do something about it. I 
believe if we allow this employer liability provision to stand, we will 
destroy the private health care system in this country--the employer-
provided health care system. It will go away.
  I know there are some Members on the floor right now who are against 
the

[[Page 11849]]

private health care system, who want a Government-run, single-payer 
health care system. Fine.
  Mr. GREGG. If the Senator will yield, I advise Members that it is 
very possible we will have a vote around 6 o'clock. So Senators should 
be aware of that.
  Mr. SANTORUM. As I was saying, I know there are many people in this 
Chamber who believe a single-payer health care system is the best way, 
the most efficient way, the most compassionate way--to use these 
wonderful, glorious terms--to provide health insurance in this country. 
Obviously, I disagree, but it is a legitimate point of view. I think we 
should have that debate.
  We had that debate in 1994 with the Clinton health care proposal, and 
we had a good debate on the floor of the Senate about the kind of 
health care delivery system we should have. But it was a deliberate 
debate about how we can change the health care system by a direct act 
of the Congress. The problem with this legislation is that we are going 
to severely undermine one health care system, which is a health care 
system that is principally funded through employer contributions, and 
we are not going to replace it with anything.
  You see, as many of my colleagues well know, if employers stop 
providing health insurance, then people are going to have to go out 
with their aftertax dollars and buy health care, and the costs will be 
prohibitive. If you don't believe me, I would ask any of my colleagues 
to drop their federal health insurance plan today, and to endeavor to 
purchase health insurance with aftertax dollars. It is very difficult.
  One of the things I hope to accomplish--and maybe we can work on this 
in this bill--is to create refundable tax credits for those who do not 
have access to employer-provided health insurance, so they can get help 
from the Government equivalent to the subsidy that the government 
offers for employer-provided health insurance. We give a deduction for 
the business. In other words, if I am an employer and I provide health 
insurance to my employees, I get to deduct the cost of that off of my 
earnings, my income. We also subsidize it on the other end. If you are 
an employee and you have employer-provided health insurance, you don't 
have to pay taxes on the money that your employer uses to purchase that 
insurance. In other words, let's say it is a $5,000 family policy. That 
is a benefit to you. That is compensation to you. It is $5,000 of 
insurance costs that your employer pays for you, but you don't have to 
pay taxes on it. It is tax-free compensation to you. So, in that sense, 
we subsidize you by not taxing you on that benefit. So the employer 
gets subsidized and the employee gets subsidized.
  But if you are an individual who does not have access to employer-
provided health insurance, you have to take the money that is left 
after you pay all your taxes--after you pay Social Security taxes, 
income taxes, State taxes, local taxes, and Medicare taxes--and then 
you can take your money and try to buy health insurance.
  That is a pretty rotten system. If we are going to do anything about 
the problem with the millions of uninsured in this country, we are 
going to have to start treating people who don't have access to 
employer-provided insurance the at least as well as we do with those 
who do have it. None of that is in this bill, there is no tax equity.
  I will say it again. There isn't one paragraph in this bill that will 
increase the number of insured in this country. There are, 
unfortunately, pages and pages and pages and pages in this bill that 
will result in more and more and more people losing their insurance. 
But we can mitigate that--or at least a big part of it--if we adopt the 
Bond amendment.
  The Bond amendment says if we have a problem, let's not wait for an 
act of Congress to admit our mistake. I know those who are listening 
might find this hard to believe, but sometimes Congress is a little 
slow in admitting we made a mistake. Sometimes we don't own up to the 
fact that it was our fault. I know some within the sound of my voice 
will find that to be almost an incredible proposition on my part--that 
somehow Congress doesn't immediately come in and say, yes, we 
understand we made a mistake; we are sorry America, we blew it. 
Everything I said the year or two before about how this wasn't going to 
cause a problem, you are right; it did. My mistake; we are going to 
repeal this.
  I just ask my colleagues, when was the last time that happened? I 
know some in this room will remember the last time it happened. My 
recollection is that it happened back in 1988, when it came to Medicare 
catastrophic coverage. Congress tried to pass catastrophic prescription 
drug coverage for seniors, and quickly found out that seniors really 
didn't like what Congress did. Seniors rose up and screamed and 
hollered, and within a year or so--I wasn't there at the time, but I 
recall Congress repealed it. That was about 12 years ago. I can't think 
of any instance since and, frankly, I can't think of anything before 
that.
  So let's just assume--I think it is a pretty safe assumption--that 
the people who are saying that this liability provision will not cause 
a problem are wrong. They will be in very good company if they go on to 
insist that they aren't wrong in the future--that even though we may 
have evidence of millions more uninsured as a result of this provision, 
somehow or another they will avoid blame and will point to something 
else that caused this problem, not the liability provisions. So it will 
be some sort of contest here as to whether we even take up this issue 
again.
  The Bond amendment avoids all that. It says, look, if the GAO says 
this provision, the liability provision, has caused a problem of 
causing more than million additional uninsured, then that part of the 
bill sunsets, the rest of the bill stays in place. Patient protections 
stay in place.
  Patient protections stay in place. It affects just the liability 
provisions. The internal-external reviews stay in place so there is 
patient protection. What does not stay in place are the provisions that 
are causing massive damage to millions of American families.
  I am hopeful, No. 1, we can fix these liability provisions because we 
should not pass a bill that is going to cause this kind of severe 
dislocation, this kind of trouble for millions of American families. We 
should not consciously do harm to people, particularly when we 
understand it is the No. 1 problem facing our health care system today, 
which is the lack of insurance for 42 to 44 million people.
  We should not do this. We should not pass flawed liability 
provisions. I know the Senator from New Hampshire and Senators on both 
sides of the aisle are trying to see if we can get a good provision. 
But should we not get a good liability provision, the Bond amendment is 
a very prudent stopgap measure so as to ensure that we do not go down 
the road of making what is the worst problem facing health care today 
even worse.
  I thank the Chair. I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, I thank my friend from Pennsylvania for 
making a very compelling argument. I very much appreciate his support 
because we are talking about something that should be of concern to 
every American who wants to be sure that they and their families are 
covered by health insurance. If you price it out of range and lose your 
health care, it does not matter how many independent reviews might be 
provided in the law. If you do not have a plan, they do not do you any 
good.
  The basis for our trigger, our safety valve, is, let's just see if 
this bill has a cost. We say that the Institute of Medicine within the 
National Academy of Sciences can figure it out. It has been indicated 
they can rely on work that has already been done by the General 
Accounting Office, CBO, and other congressional bodies. But for 
constitutional purposes, the ultimate responsibility of this study has 
to be in the executive branch, and that is why it is in the Institute 
of Medicine. We know from our work with the GAO and CBO the kind of 
format, the kind of approach that can be taken. We move

[[Page 11850]]

that function into an executive branch area.
  We say if this bill throws more than 1 million people out of their 
workplace health care coverage or their own health care coverage, then 
we sunset the most expensive part, the liability part.
  I said earlier that the general rule of thumb is that 300,000 people 
will lose their health care coverage if health care costs go up 1 
percent. I ought to be a little more specific and explain something. As 
I understand it, when the costs of this bill are calculated, it is 
impossible to determine how many dollars will be added to the health 
care costs from the liability provisions themselves. Basically, the 
additional responsibilities that go into the bill--setting aside the 
liability questions--the Congressional Budget Office estimated a 
previous and substantially equivalent form of this bill would raise 
private health insurance premiums an average of 4.2 percent. That comes 
from the mandates in coverage, external review, and all those other 
things.
  This 4.2 percent would mean that over 1 million people will be thrown 
out of work. But that does not deal with the number of people who would 
lose their health care coverage because of the exposure to liability or 
because of the costs of liability judgments.
  We probably will not have liability judgments in the first couple of 
years. It will take some time for cases to work their way through the 
court system. But you can bet if a couple of juries come in with the 
billion-dollar judgments that some juries are coming in with now, those 
costs are going to have to be factored into the health care premiums 
for everybody, whether it is an employer, whether it is the employee-
paid provision of it, and there are going to be a lot of people who are 
not going to be patients because they are going to lose their health 
care coverage.
  Then there are those, such as the small businesses I have referenced 
from Missouri, who say: I cannot take the chance; I cannot put my 
business at risk of one of these multimillion-dollar judgments, a tort 
action or contract action--tort action most likely--brought against me 
as an employer because I provide health care insurance or health care 
coverage or a health care plan; I am going to drop the plan.
  We know what happens when they drop the plan. Most of the time the 
employee cannot pick up health insurance for her or his family and 
self. They are going to be out of business. They are going to be out of 
the health coverage that their employers provided. That is over and 
above the directly calculated costs CBO comes up with to say that a 
similar bill would increase health care costs by 4.2 percent.
  The cost of this bill is 4.2 percent plus whatever the impact of the 
liability exposure would be, and we think that is much more significant 
even than the costs of the mandates in the bill. That is why we say if 
1 million people are thrown out of health care coverage as a result of 
this bill--the National Academy of Sciences Institute of Medicine will 
make that report to the Secretary of Health and Human Services--then 
the liability provisions sunset in 12 months and Congress gets to 
review this measure and say: How can we make it work better?
  That is a reasonable approach. It does not require us to make 
judgments, but it does say if 1 million people are thrown out, we need 
to revisit our work.
  Mr. President, I yield the floor.
  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. REID. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER (Ms. Cantwell). Without objection, it is so 
ordered.
  Mr. REID. Madam President, what is pending before the Senate?
  The PRESIDING OFFICER. The amendment of the Senator from Missouri, 
Mr. Bond.


                           Amendment No. 812

  Mr. REID. I ask unanimous consent that amendment be set aside and we 
turn to McCain amendment No. 812.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  If there is no further debate on McCain amendment No. 812, the 
question is on agreeing to the amendment.
  The amendment (No. 812) was agreed to.
  Mr. REID. I move to reconsider the vote by which the amendment was 
agreed to, and I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Madam President, I ask unanimous consent that at 6:05 p.m. 
this evening the Senate vote in relation to the Bond amendment numbered 
816, with no second-degree amendments in order prior to the vote; 
further, that following the vote, Senator Nelson of Nebraska be 
recognized to offer a Nelson-Kyl amendment regarding contract sanctity 
and there be 1 hour for debate this evening, with the time divided in 
the usual form; further, following the use or yielding back of time on 
the Nelson-Kyl amendment this evening, the amendment be laid aside and 
Senator Allard be recognized to offer an amendment regarding small 
employers, with 1 hour for debate this evening, equally divided in the 
usual form; further, that when the Senate resumes consideration of the 
bill at 9:30 a.m. on Wednesday, there be 60 minutes of debate in 
relation to the Allard amendment prior to a vote in relation to the 
amendment, with no second-degree amendments in order prior to the vote; 
further, following the vote in relation to the Allard amendment, there 
be 60 minutes for debate in relation to the Nelson of Nebraska-Kyl 
amendment, followed by a vote in relation to the amendment, with no 
second-degree amendments in order prior to the vote.
  Mr. GREGG. Reserving the right to object, it is my understanding 
there will be no additional amendments this evening other than these 
two.
  Mr. REID. I also say to my friend if any Member feels the necessity 
this evening to debate more, we have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Vote on Amendment No. 816

  Mr. GREGG. I ask for the yeas and nays on the Bond amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to amendment No. 816. The clerk will call 
the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from New York (Mr. Schumer) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 93, nays 6, as follows:

                      [Rollcall Vote No. 198 Leg.]

                                YEAS--93

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe

[[Page 11851]]


     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wyden

                                NAYS--6

     Biden
     Boxer
     Corzine
     Hollings
     Voinovich
     Wellstone

                             NOT VOTING--1

       
     Schumer
       
  The amendment (No. 816) was agreed to.
  Mr. BOND. I move to reconsider the vote.
  Mr. HATCH. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. BOXER. Mr. President, I voted against the Bond amendment. If 
this legislation is enacted, as I hope it will be, I believe we should 
review it periodically and make changes to ensure that it is working to 
protect Americans against the outrageous practices of some HMOs. An 
annual review, as required by the amendment, would be a good thing. It 
would give us insight into what is working and what may not be.
  However, this amendment goes beyond an annual review. If the number 
of uninsured individuals increases by more than 1 million, the Bond 
amendment gives the Secretary of Health and Human Services the 
authority to take away a person's right to sue an HMO.
  One unelected individual should not have the unilateral power to take 
away every American's right to hold an HMO accountable for its bad 
decisions. I am very supportive of efforts to increase the number of 
people with insurance. I think we need to address that issue. But this 
amendment does not do that. The problem of the uninsured will not be 
solved by allowing a single unelected government official to let HMOs 
off the hook for their actions.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Nebraska will be recognized.
  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KYL. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 818

  Mr. KYL. Madam President, I have an amendment I send to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Arizona (Mr. Kyl), for himself, Mr. Nelson 
     of Nebraska, and Mr. Nickles, proposes an amendment numbered 
     818.

  Mr. KYL. Madam President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To clarify that independent medical reviewers may not require 
 coverage for excluded benefits and to clarify provisions relating to 
            the independent determinations of the reviewer)

       Beginning on page 35, strike line 20 and all that follows 
     through line 8 on page 36, and insert the following:
       (C) No coverage for excluded benefits.--Nothing in this 
     subsection shall be construed to permit an independent 
     medical reviewer to require that a group health plan, or 
     health insurance issuer offering health insurance coverage in 
     connection with a group health plan, provide coverage for 
     items or services that are specifically excluded or expressly 
     limited under the plan or coverage and that are disclosed 
     under subparagraphs (C) and (D) of section 121(b)(1) and that 
     are not covered regardless of any determination relating to 
     medical necessity and appropriateness, experimental or 
     investigational nature of the treatment, or an evaluation of 
     the medical facts in the case involved.
       On page 37, line 16, strike ``and''.
       On page 37, line 25, strike the period and insert ``; 
     and''.
       On page 37, after line 25, add the following:
       ``(iii) notwithstanding clause (ii), adhere to the 
     definition used by the plan or issuer of `medically necessary 
     and appropriate', or `experimental or investigational' if 
     such definition is the same as either--

       ``(I) in the case of a plan or coverage that is offered in 
     a State that requires the plan or coverage to use a 
     definition of such term for purposes of health insurance 
     coverage offered to participants, beneficiaries and enrollees 
     in such State, the definition of such term that is required 
     by that State;
       ``(II) a definition that determines whether the provision 
     of services, drugs, supplies, or equipment--

       ``(aa) is appropriate to prevent, diagnose, or treat the 
     condition, illness, or injury;
       ``(bb) is consistent with standards of good medical 
     practice in the United States;
       ``(cc) is not primarily for the personal comfort or 
     convenience of the patient, the family, or the provider;
       ``(dd) is not part of or associated with scholastic 
     education or the vocational training of the patient; and
       ``(ee) in the case of inpatient care, cannot be provided 
     safely on an outpatient basis;

     except that this subclause shall not apply beginning on the 
     date that is 1 year after the date on which a definition is 
     promulgated based on a report that is published under 
     subsection (i)(6)(B); or
       ``(III) the definition of such term that is developed 
     through a negotiated rulemaking process pursuant to 
     subsection (i).

       On page 66, between lines 10 and 11, insert the following:
       ``(i) Establishment of Negotiated Rulemaking Safe Harbor.--
       ``(1) In general.--The Secretary shall establish, on an 
     expedited basis and using a negotiated rulemaking process 
     under subchapter III of chapter 5 of title 5, United States 
     Code, standards described in subsection (d)(3)(E)(iii)(IV) 
     (relating to the definition of `medically necessary and 
     appropriate' or `experimental or investigational') that group 
     health plans and health insurance issuers offering health 
     insurance coverage in connection with group health plans may 
     use when making a determination with respect to a claim for 
     benefits.
       ``(2) Publication of notice.--In carrying out the 
     rulemaking process under paragraph (1), the Secretary shall, 
     not later than November 30, 2002, publish a notice of the 
     establishment of a negotiated rulemaking committee, as 
     provided for under section 564(a) of title 5, United States 
     Code, to develop the standards described in paragraph (1). 
     Such notice shall include a solicitation for public comment 
     on the committee and description of--
       ``(A) the scope of the committee;
       ``(B) the interests that may be impacted by the standards;
       ``(C) the proposed membership of the committee;
       ``(D) the proposed meeting schedule of the committee; and
       ``(E) the procedure under which an individual may apply for 
     membership on the committee.
       ``(3) Target date for publication of rule.--As part of the 
     notice described in paragraph (2), and for purposes of this 
     subsection, the term `target date for publication' (as 
     referred to in section 564(a)(5) of title 5, United States 
     Code, means May 15, 2003.
       ``(4) Abbreviated period for submission of comments.--
     Notwithstanding section 564(c) of title 5, United States 
     Code, the Secretary shall provide for a period, beginning on 
     the date on which the notice is published under paragraph (2) 
     and ending on December 14, 2002, for the submission of public 
     comments on the committee under this subsection.
       ``(5) Appointment of negotiated rulemaking committee and 
     facilitator.--The Secretary shall carry out the following:
       ``(A) Appointment of committee.--Not later than January 10, 
     2003, appoint the members of the negotiated rulemaking 
     committee under this subsection.
       ``(B) Facilitator.--Not later than January 21, 2002, 
     provide for the nomination of a facilitator under section 
     566(c) of title 5, United States Code, to carry out the 
     activities described in subsection (d) of such section.
       ``(C) Membership.--Ensure that the membership of the 
     negotiated rulemaking committee includes at least one 
     individual representing--
       ``(i) health care consumers;
       ``(ii) small employers;
       ``(iii) large employers;
       ``(iv) physicians;
       ``(v) hospitals;
       ``(vi) other health care providers;
       ``(vii) health insurance issuers;
       ``(viii) State insurance regulators;
       ``(ix) health maintenance organizations;
       ``(x) third-party administrators;
       ``(xi) the medicare program under title XVIII of the Social 
     Security Act;
       ``(xii) the medicaid program under title XIX of the Social 
     Security Act;
       ``(xiii) the Federal Employees Health Benefits Program 
     under chapter 89 of title 5, United States Code;
       ``(xiv) the Department of Defense;
       ``(xv) the Department of Veterans' Affairs; and
       ``(xvi) the Agency for Healthcare Research and Quality.
       ``(6) Final committee report.--
       ``(A) In general.--Not later than 1 year after the general 
     effective date referred to in section 401, the committee 
     shall submit to the Secretary a report containing a proposed 
     rule.
       ``(B) Publication of rule.--If the Secretary receives a 
     report under subparagraph

[[Page 11852]]

     (A), the Secretary shall provide for the publication in the 
     Federal Register, by not later than the date that is 30 days 
     after the date on which such report is received, of the 
     proposed rule.
       ``(7) Failure to report.--If the committee fails to submit 
     a report as provided for in paragraph (6)(A), the Secretary 
     may promulgate a rule to establish the standards described in 
     subsection (d)(3)(E)(iii)(IV) (relating to the definition of 
     `medically necessary and appropriate' or `experimental or 
     investigational') that group health plans and health 
     insurance issuers offering health insurance coverage in 
     connection with group health plans may use when making a 
     determination with respect to a claim for benefits.

  Mr. KYL. Madam President, this amendment is offered on behalf of 
myself and Senator Nelson. It is an amendment that deals with the 
definition of ``medical necessity'' under the bill and is intended to 
provide a safe harbor for those who comply with certain requirements. I 
should also say this amendment is also offered on behalf of Senator 
Nickles. I apologize to my colleague from Oklahoma.
  First, let me offer some general views on S. 1052, the Kennedy-McCain 
Patient Protection Act, and then I will discuss this amendment.
  As you know, President Bush has reiterated his intention to veto this 
legislation because, in his view, it ``would encourage costly and 
unnecessary litigation that would seriously jeopardize the ability of 
many Americans to afford health care coverage.'' None of us wants that 
result. As a result, we are trying to do our best to work with the 
sponsors of the bill to make some changes that would make it palatable 
to both the President and to most of us in this Chamber.
  My concerns include the fact that it will undoubtedly raise premium 
costs due to new lawsuits and increased regulation, that it will 
undermine the States' traditional role of regulating the health 
insurance industry and make employers who voluntarily provide health 
care coverage to their employees vulnerable to frivolous lawsuits, and 
that it will violate the terms of the contract between the employer and 
the health plan. This latter issue is the one the Nelson-Kyl-Nickles 
amendment is intended to address.
  Under S. 1052, the external reviewer is ``not bound by'' the 
``medical necessity'' definition contained in the plan document. And 
there is no substitute definition provided, so there is really no 
standard for review.
  Let me put in context what this means. What we have provided for here 
is a method by which people will actually get the care they believe 
they have contracted for and deserve. The object is not to create a 
lawsuit to try to pay the money after the fact for some injury they 
suffered but, rather, to get the care for them upfront. That is what 
this should all be about.
  So we have a review process by which first somebody within the 
company, and then an external reviewer, takes a look at the case and 
says: All right, this is what the contract means. This is what medical 
care would require under this circumstance as called for under the 
contract, and therefore the patient is entitled, or is not entitled, to 
this particular procedure.
  That review process is supposed to occur quickly so that the patient 
receives the care he or she has contracted for and deserves under the 
circumstances.
  In order for an external reviewer to know whether or not a particular 
procedure or treatment is called for, there has to be some standard by 
which to judge that. The Presiding Officer and the other lawyers in 
this body will know that anytime you ask some reviewer to determine 
whether or not something has to be done, you need to provide some 
standard upon which that reviewer can base a decision.
  The bill right now contains no standard, and it needs such a 
standard. Our amendment supplies that standard. We believe it supplies 
a very fair and reasonable standard. The language in S. 1052 gives the 
external reviewer a free hand to disregard the definition of ``medical 
necessity'' contained in the contract and, as I say, supplies no 
substitute definition.
  As in all of the bills, this external review requirement is the last 
process prior to going to court. But, as I said, the external reviewer 
is ``not bound by'' the contract's key definition of ``medical 
necessity'' or ``experimental and investigational.'' As a result, the 
external reviewers can simply make up their own definition of ``medical 
necessity.''
  Private contracts negotiated between the parties--insurers and 
employees, or insurers and individual consumers--would become virtually 
meaningless in this circumstance, and the financial obligations of the 
health plan could become totally unpredictable.
  The plan or insurer could become obligated to pay for items or 
services based on definitions outside the contract, even potentially 
including contractually excluded items that were deemed to be medically 
necessary by the reviewer. The ``not bound by'' provision, therefore, 
would have the effect of eliminating the ability of the parties to 
negotiate the key terms and conditions of health insurance contract 
agreements.
  Madam President, in addition to vitiating legal contracts, the ``not 
bound by'' language would have the following negative effects.
  First, inconsistent standards: The standards used by reviewers would 
vary with each review panel and with each case within the same plan. We 
are trying to create some degree of uniformity with this legislation, 
but under the bill you could have the potential for a wide variety of 
very arbitrary decisions because of the lack of a standard.
  Second, quality of care: The mere threat of contract nullification 
could prompt some plans to pay for all claims regardless of the cost 
and the impact on the quality of patient care.
  Solvency and stability: The use of unpredictable outside definitions 
of medical necessity will impose costs for unanticipated treatments not 
reflected in actuarial data used to determine the amount of the health 
care premium.
  And finally, cost increases: Solvency concerns would result in 
increased cost for employers and increased premiums for employees.
  The net result of that, of course, will be to remove more people from 
the rolls of the insured.
  Under S. 1052 as written, these contracts, negotiated between the 
parties and often approved by State insurance regulators, will be 
voidable, not by a judge or a court of law but by an unrelated 
nonjudicial third-party reviewer. This will undermine the principles of 
the contract as well as due process.
  So, as I said, to address this problem we have sponsored an amendment 
that would allow the plan to adopt a widely accepted safe harbor 
definition of medical necessity as its contract definition. If a plan 
utilized this safe harbor definition, then the external reviewer would 
be bound by it when hearing a patient's appeal of denial of coverage.
  Safe harbor definitions contained in the amendment are basically at 
three different levels. First, we take the definition from the Federal 
Employee Health Benefits Plan that currently covers about 73 percent, 
as best we can calculate it, of the employees under the Federal 
Employee Health Benefits Plan. Over 6 million Federal employees and 
Members of Congress are covered by this definition.
  It is important to recognize--I think some of our friends on the 
other side misunderstood and thought we were offering an amendment that 
had been offered a couple years ago; I want to make it very clear--this 
definition is not the FEHBP or Office of Personnel Management 
definition for managed care plans, for HMO plans.
  This definition is the definition for the fee-for-service plans. As a 
result, it is a more strict definition. The insurance companies are 
going to have to provide a higher quality of care under this definition 
than they would under the HMOs that provide some coverage to roughly 
one-fourth of the people served under the FEHBP program.
  So, first of all, we have this definition. I will actually read it in 
just a moment.
  Secondly, there are going to be some States that already have a 
binding State statutory definition. There are 13 of them. Of course, a 
legally binding State definition of medical necessity would apply to 
claims filed in those

[[Page 11853]]

States. That would constitute a safe harbor for the companies that use 
that definition. Obviously, it would be only prospective, not an after-
the-claim adoption of the definition. So obviously that would have to 
apply.
  Third, if there is a question about whether this first FEHBP 
definition works or that people like it, we have established a 
negotiated rulemaking process under the bill which would involve all of 
the stakeholders involved--the plans, the employers, providers, and 
consumers--and they could arrive at a definition that is different if 
they felt that it could be improved.
  If the rulemaking failed to arrive at a definition, then, again, you 
either have a State definition or the FEHBP definition we provide. But 
if the rulemaking did achieve a definition that all agreed to, that 
then would supplant the FEHBP definition we have.
  I will ask staff to give me the actual language now since I gave the 
copy of my legislation to the clerk. I would like to read the elements 
of this definition now. This is the definition, as I say, that already 
applies to, we know, about 49 percent of the employees, and we think it 
applies to another 23 or 24 percent as well.
  First of all, the determination provides whether services, drugs, 
supplies, or equipment provided by a hospital or other covered provider 
are, No. 1, appropriate to prevent, diagnose, or treat your condition, 
illness, or injury--obviously, very straightforward and, No. 2, 
probably the most important point, consistent with standards of good 
medical practice in the United States. That is the key. If the employee 
argues that something is being denied in the way of treatment or care 
and good standards of good medical practice in the United States would 
call for that treatment, then that treatment will have to be provided 
under this definition. So standards of good medical practice is the 
same standard essentially that would be used in a court case. It is the 
same standard that is used for most of the Federal employees. It is 
obviously a good standard to use.
  There are three other aspects of it. I will read each of the three. 
They deal with very specific situations: Not primarily for the personal 
comfort or convenience of the patient, the family, or the provider; No. 
4, not part of or associated with scholastic education or vocational 
training of the patient; and No. 5, in the case of inpatient care, 
cannot be provided safely on an outpatient basis. That would enable the 
treatment to be provided on an outpatient basis if it could be done.
  It is a very straightforward definition. It is one that has been used 
literally hundreds of times. It covers a significant portion of the 6 
million people covered, and we think it is a good definition to be 
included in this legislation.
  We think it represents a reasonable compromise on the one hand 
between requiring an external reviewer to be bound by a too narrow 
definition in a ``rogue'' plan contract and, on the other hand, 
affording a majority of the plans that operate in good faith the 
opportunity to adopt a widely accepted safe harbor definition of 
medical necessity to which the external reviewer would be bound.
  Madam President, we think this is a good compromise. It is clearly 
important for us to include some kind of definition in the legislation. 
We had hoped that the sponsors of the legislation would be willing to 
work with us to include this definition. So far they have declined to 
do so. But I am hopeful that we can continue to talk with them, and 
perhaps we can reach some understanding that would enable us to 
substitute this definition for the lack of a definition in the 
legislation right now.
  At this point, I yield time to the cosponsor of the amendment, Ben 
Nelson, the Senator from Nebraska.
  The PRESIDING OFFICER. The Senator from Nebraska is recognized.
  Mr. NELSON of Nebraska. Madam President, I rise today to offer, along 
with my colleague and friend from Arizona, Senator Jon Kyl, an 
amendment to protect the sanctity of health insurance contracts, to 
provide certainty and clarity so that both the issuer and the insured 
can know what coverage they have.
  This amendment will preserve a patient's right to receive the health 
benefits that they paid for while keeping insurance premiums 
affordable. In more colloquial terms, this amendment is what is needed 
to see that the people who pay for health care coverage get it. It may 
sound extraneous, and this is anything but exciting language, but I 
know from my experience as a State insurance commissioner in Nebraska 
two decades ago that this amendment is essential for the preservation 
of what I believe is an extraordinarily fundamental patient right.
  Before I elaborate further on this point, let me state that I think a 
Patients' Bill of Rights is not only a good idea; it is an excellent 
idea. I believe Congress should be acting in the best interests of all 
Americans to enact such legislation.
  We need a Patients' Bill of Rights to ensure that doctors make 
medical decisions. We need a Patients' Bill of Rights to protect 
patients and federally regulated health care plans that are currently 
unprotected and have been unprotected for more than two decades. We 
need a Patients' Bill of Rights to guarantee patients' access to 
independent and external medical review and, only as a last resort, to 
guarantee them access to the courts.
  There is no shortage of reasons why this legislation merits passage.
  But before my support for a Patients' Bill of Rights is misconstrued 
as an ``anything goes'' approval, I want to be clear that while I 
believe the Senate should approve a Patients' Bill of Rights, I think 
that some improvements are justifiable. And right now, we have the 
opportunity to make those much-needed improvements which will 
ultimately increase the effectiveness of the Patients' Bill of Rights.
  I believe the bill needs to carefully consider matters such as the 
issue addressed by this amendment pertaining to the sanctity of health 
insurance contracts. And I hope that the sponsors of the legislation 
will look very favorably on this matter and that we will be able to 
work out an arrangement or agreement to get it included as part of the 
bill.
  First, this amendment would ensure that patients receive the care 
that they are entitled to under the plans to which they subscribe. 
External reviewers would be required to assess treatment options based 
on the contract that exists between the patient and the plan.
  Patients would be entitled to the care outlined as a provided benefit 
within the contract that exists. External reviews would not be able to 
circumvent the contract to force employers to expand coverage for any 
particular patient unless the patient was entitled to the care as 
specified by the care contract.
  This will help keep down the high cost of health care and, at the 
same time, will enable employers to continue to provide their employees 
with the best care possible.
  More importantly, this amendment will provide three safe harbors for 
employers with respect to protecting them against unnecessary 
litigation over treatment. While patients will have the right to sue 
under this bill, this amendment will more clearly define the parameters 
by which treatments can be determined as ``medically necessary'' and 
thus will provide a safeguard of medically necessary standards for 
employers that administer their own health plans.
  The McCain-Edwards-Kennedy bill contains something that I think would 
currently require external reviewers to abide by the standard for the 
determination of medical necessity included in the bill, but it doesn't 
bind the reviewers by the insurers' definitions for medical necessity. 
This is problematic as it relates to the existing contract between 
patient and provider and provides a great deal of unclarity and 
uncertainty.
  So to remedy this situation, this amendment proposes to identify 
three separate and distinct sources of definitions that employers could 
choose to use in the contract by which reviewers will be bound. The 
three options that we create for the plans are:

[[Page 11854]]

  One, a definition that plans are required to use by State law. This 
would protect the previously existing and any newly created State laws 
that require plans to use a definition put forward by the State.
  Second, any definition used by a plan which is codified by the 
language in the fee-for-service agreement that is currently covering 
maybe 50 to 75 percent of the Federal employees under the FEHBP, or the 
Federal Employees Health Benefit Program, would be used by the plans 
covering those who would be covered under these ERISA plans. What that 
means is, if it was good enough for Members of Congress and Federal 
employees, this certainly ought to be good enough for everyone else.
  Three, a definition that is to be developed through negotiated 
rulemaking. This option requires the Secretary of Labor to develop a 
rulemaking committee that will seek public comment to develop a 
definition of ``medical necessity.'' In other words, State laws will be 
recognized and respected. Secondly, there will be a definition that is 
now included as a fee-for-service definition in the current Federal 
Employees Health Benefit Program. And in the event that a rulemaking 
process is negotiated through the Department of Labor, the rulemaking 
committee will seek public comment to develop a definition of what is 
``medical necessity.''
  The negotiated rulemaking committee, the third item of this three-
pronged approach, will consist of at least one individual representing 
each of the following groups: Health care consumers, small employers, 
large employers, physicians, hospitals, other health care providers, 
health insurance issuers, State insurance regulators, health 
maintenance organizations, third party administrators, the Medicare 
Program, the Medicaid Program, the Federal Employees Health Benefits 
Program, the Department of Defense, the Department of Veterans Affairs, 
and the Agency For Health Care Research and Quality. That is quite a 
list of individuals for public comment and public input.
  This committee would have until 1 year after the general effective 
date of the bill's implementation to propose a rule to the Secretary. 
The Secretary, then, would be required to publish the rule within 30 
days of the receipt.
  Madam President, our goal is to ensure that all patients have access 
to all treatment options available under their plans. We need to 
provide this access without undermining the integrity of the contract 
between the patient and the provider. Without some standard for a 
definition on ``medical necessity,'' these objectives would be 
impossible to obtain. Both parties are entitled to certainty and 
predictability. This will provide it. Without passage of this 
amendment, there will be both uncertainty and a lack of predictability 
and neither party will be benefited.
  I ask my friends and colleagues to consider this amendment as one 
that will improve the McCain-Edwards-Kennedy HMO reform bill. I ask for 
their support.
  The PRESIDING OFFICER. Who yields time?
  Mr. KENNEDY. Madam President, I reluctantly have to rise in order to 
oppose the amendments of my good friends on the issue of medical 
necessity. I outlined earlier in the day the basic judgment and basic 
history of how we reached the language that we have included in our 
bill.
  First, let us look at what will be the standard that is in both the 
McCain-Edwards bill, as well as in the Frist-Breaux bill. Effectively, 
both treat this particular issue of medical necessity the same. This is 
a result of the fact that this issue had been debated 21/2 years ago 
when we considered the Patients' Bill of Rights here and in the House 
of Representatives. We tried to define the test on medical necessity 
during that period of time. What we resolved is to permit, at the time 
of the external review, the kind of test that we have included in our 
language here and in the Frist-Breaux language. This was actually the 
language which was agreed to in the conference last year, a conference 
that never resulted in an overall outcome of the legislation. 
Nonetheless, we had agreed on a handful of different areas of dispute. 
That was agreed to by my colleagues, Phil Gramm, Don Nickles, myself, 
and others, after a good deal of negotiation.
  It seems wise to continue that particular proposal because basically 
this is what we are doing. At the time of the appeal of any of these 
medical necessity issues, we are permitting for the standard of 
determination in our bill, on page 35: ``The condition shall be based 
on the medical condition of the participant.'' That is obvious. No. 1, 
what is wrong with the patient? And then it talks about ``valid, 
relevant, scientific evidence and clinical evidence, including peer-
reviewed medical literature and findings, including expert opinion.''
  Basically, the reason for that is to allow for the possibility that 
we find out there are new kinds of discoveries, new kinds of 
techniques, new kinds of treatments for various health conditions. In 
order to not use a stagnant kind of proposal, we included that 
language. This language which was agreed to is supported by the 
American Medical Association and other medical groups.
  So in the legislation that we have here in the McCain-Edwards 
proposal, which I support, and the Frist-Breaux proposal, which others 
including the President of the United States support, and in the 
agreement that was made by Republicans and Democrats alike, we agreed 
effectively to this language. This agreement occurred after considering 
all the different kinds of proposals. It raises questions of why we are 
today attempting to alter that particular proposal.
  The argument is, first of all, that we can offer three different 
options. One would be that the administration can propose an 
administrative group, a commission that can make some recommendations 
about what that standard would be.
  That may work out, but it may not work out very well if we have an 
administration that is not as sympathetic to the protection of 
patients' and doctors' decisions as we have tried to be in this 
undertaking. That is one way of doing it.
  Second, the results of State actions can be the criteria. In some 
States the protections have been very good, and other States have left 
a lot to be desired.
  I understand the basic thrust of this legislation is to establish 
minimum standards. If States want to have higher protections for 
consumers, they are welcome to do it. What we are trying to do is 
ensure that all Americans, all American families are protected.
  In the area of scope, all Americans being protected--actually, every 
Republican proposal that was considered in the House of Representatives 
included all Americans--we were attempting to ensure that there was 
going to be a minimum standard. However, we can use another standard, 
such as the good Federal employee standard to which the Senator just 
referred.
  It is interesting, though, that the Office of Personnel Management 
does not use the Federal employee standard on their reviews. What do 
they do? They do something very similar to what we have done. They 
permit the doctor to make the ultimate decision and not be bound by 
some definition. The reason for this is because they do not believe 
that that should to be the restrictive definition for all appeals.
  In turn, there is a Federal employee program of which all of us are a 
part. In our program if there is going to be an appeal, this is a 
different standard. Basically, it is a standard that permits the 
doctors to make the judgments and decisions.
  I find it difficult to be convinced at this hour. We waited a good 
deal of time. I know we were all pressed with the different proposals. 
I have had a chance to talk to my friend and colleague, Senator Nelson, 
on a number of different provisions. From personal experience, I can 
tell that this is a Senator who has spent a good deal of time on this 
legislation and has been willing to spend a great deal of time visiting

[[Page 11855]]

with me and with others, and also talking extensively with the House 
Members who are interested in various provisions. I know a good deal of 
thought has gone into this matter.
  My final point is the underlying commitment of this legislation to 
make sure that doctors are going to make the decisions. Trained medical 
personnel and families are going to make these judgments and decisions. 
It seems to me that when we have included in the legislation's 
language--in fact, insisted on--permitting the doctor to use the best 
medical information and judgment of this decision making and will 
permit them to also take advantage of the latest ideas, new 
conclusions, new consensus of the treatment of various medical 
conditions, this is the best way rather than a review being bound up in 
some process.
  We do not know tonight, for example, whether the board is going to be 
overly sensitive to the consumers and patients. There is a wide variety 
of interpretations in many of the States.
  This is unlike other parts of this legislation where there is a 
difference between what we have proposed, what is included in Breaux-
Frist, and what the President has recommended. In these areas, the 
McCain-Edwards proposal, the Breaux-Frist proposal, the conference 
committee by Republicans and Democrats alike, and the President have 
reached similar conclusions. This is one of the most important areas of 
the legislation. It seems to me what we have in the underlying 
legislation is completely consistent with what the President has 
indicated would be key to this legislation.
  Mr. President, I yield 10 minutes to my colleague.
  The PRESIDING OFFICER (Mr. Durbin). The Senator from North Carolina.
  Mr. EDWARDS. Mr. President, I start by thanking my two colleagues, 
the Senator from Arizona, my good, dear friend from Arizona, for his 
work on this issue, and now my friend from Nebraska, with whom I have 
had occasion on this specific bill to work many days and many hours. As 
the Senator from Massachusetts has suggested, he has great expertise in 
this area, both in his time as insurance commissioner and his time as 
Governor. He and I have worked together on a number of issues, such as 
employer liability which we will be offering an amendment on hopefully 
tomorrow. We have talked about a number of other issues, such as the 
scope of the legislation, and medical necessity is another issue in 
which the Senator has been actively involved.
  I specifically thank him for his work on this issue on behalf of the 
people of Nebraska whom he represents. He has been extraordinarily 
diligent and involved in this very important issue of the Patients' 
Bill of Rights and patient protections. I thank him very much for all 
of his work and will continue to work with him. He has had terrific 
ideas all the way through the discussion.
  As to this specific amendment, I announce to my colleagues that we 
have negotiated during the course of the day with other Senators 
besides the sponsors of this amendment and have reached an agreement on 
a compromise that we believe accurately and adequately reflects a 
balance between recognizing the sanctity of the contract language while 
at the same time giving medical reviewers the flexibility they need to 
order care in those cases where the care needs to be ordered.
  Tomorrow we anticipate an amendment being offered by Senators Bayh, 
Carper, and perhaps others, that will reflect the results of those 
negotiations. We feel very pleased we were able to resolve that issue 
with some of our colleagues.
  For that reason, we will not be able to support this particular 
amendment, but I believe our amendment goes a long way toward 
addressing the same issues that my colleagues are trying to address 
with this amendment. Their work is helpful and productive, and we 
appreciate it very much.
  Tomorrow morning we will be offering the results of the work we have 
done with Senators Bayh, Carper, and others which, as I indicated, 
properly reflects the balance between the importance of the language of 
the contract and showing deference to that language while at the same 
time recognizing that in some cases the medical reviewers will need 
some more flexibility to do what is necessary for a particular family 
or for a particular patient.
  Mr. KENNEDY. Will the Senator yield?
  Mr. EDWARDS. Yes.
  Mr. KENNEDY. Will the Presiding Officer let us know when we have 5 
minutes remaining?
  The PRESIDING OFFICER. The Chair will do so.
  Mr. KENNEDY. As I understand it, and I can be corrected, under one of 
the provisions, HHS establishes a board. At some time the board tries 
to work out the definition, but we do not know how that will work out, 
what the framework will be, or how many patients, consumers, and HMO 
personnel will be on the board. That board will have a meeting, and 
they will work out some definition of ``medical necessity'' which 
creates a degree of uncertainty.
  Second, we have questions about the States, some of which have 
adopted various criteria about what is medical necessity.
  Third, we have the Federal employees health program, which, as I 
mentioned, is not the standard which is used on review by the Office of 
Personnel Management. They don't use that. They use a standard much 
closer to what we have. Even on that standard, many cancer groups are 
very concerned about possible restrictions on palliative care, care 
which is enormously important to cancer patients. We have heard from a 
number of cancer organizations about their serious concern regarding 
this particular point. On the other hand, they are in support of the 
language we have included in the Edwards bill.
  First, we know we have something that the American Medical 
Association, the medical professionals, patients, the doctors, and the 
health care delivery system have said is a good standard. Our opponents 
offer a standard that may turn out to be fine in the future but we 
don't know. And secondly, as another standard which has serious 
problems with the cancer community because it raises questions, doesn't 
the Senator agree with me, we ought to use what is now agreed to by 
Republicans, by Democrats? Most importantly, ought we not use the 
standard endorsed by those within the medical profession? If this 
standard does not work, we will have an opportunity to take a look down 
the road in terms of altering and changing. Is that a preferable way to 
proceed?
  Mr. EDWARDS. I agree with the Senator.
  As the Senator knows, the legislation offered by the Senator, myself, 
and Senator McCain, this specific language is supported by the medical 
groups from around the country involved with this issue on a daily 
basis that have a first-hand understanding of what works and what 
doesn't work. We have been working with those groups to fashion this 
language. That is the reason that language exists. We know from the 
American Medical Association and all the health care groups around the 
country that they support the language we have in the bill.
  That having been said, I say to the Senator, in order to try to 
address some of the concerns raised, my colleagues who are the sponsors 
of this amendment have been working with a group of Senators today to 
fashion an alteration to this language that makes it clearer that the 
contract language will be respected but balances that against the need 
for flexibility with the review panel. I believe we will have an 
amendment tomorrow to offer on that subject.
  I end by thanking my colleagues from Arizona and Nebraska. While I 
will not be able to support their amendment, we understand the issue. 
We believe our bill is adequate on this issue, but we will have an 
alternative to propose tomorrow. Ultimately the point of this, of 
course, is to protect patients, make sure patients get the care they 
need. I think the language in our bill plus the language in the 
amendment will accomplish that purpose.
  I yield the floor.
  Mr. NICKLES. Mr. President, I rise in support of the amendment and I

[[Page 11856]]

urge my colleagues to support it. I will make a couple of comments 
about some of the statements that were made.
  I appreciate Senator Edwards' comments saying we are willing to have 
an amendment tomorrow to try to fix part of the problem. We heard that 
earlier today when we had an amendment to exempt employers.
  There were statements made by many proponents of the language, 
employers can't be sued under this bill. That is a direct quote. So 
earlier today we tried to make sure employers couldn't be sued, and 
people voted against the amendment. But we heard: Well, there is an 
amendment coming that will protect employers.
  We understand this bill language, and there is a section that deals 
with employers that says employers shall be excluded from liability, 
and then there is an exception. As a matter of fact, on page 144, 
causes of action against employers and plan sponsors are precluded, 
paragraph (A).
  Paragraph (B) says:

       Certain causes of action permitted.--Notwithstanding 
     subparagraph (A), a cause of action may arise against an 
     employer or other plan sponsor. . . .

  We tried to make sure employers would be exempted, and unfortunately 
that amendment didn't pass. But we did hear assurances from some of the 
sponsors, we have an amendment and we will protect employers. But, yes, 
employers can be sued because obviously the Gramm amendment didn't 
pass. So I just mention that.
  We raised the point, and it was raised well by Senator Kyl from 
Arizona and Senator Nelson of Nebraska, that said we are not bound by 
contracts, and there is all kinds of language here dealing with 
contracts. You don't have to have coverage for excluded benefits. That 
sounds very good, but there is language ``except for,'' language that 
says you have to cover benefits that are excluded from a contract. Then 
I heard my colleague from North Carolina say we will have an amendment 
tomorrow to take care of that.
  There are several major provisions with this bill that are wrong, one 
of which is the liability is far too generous and one which says the 
contracts don't mean anything. So we are wrestling with the liability.
  We tried to exempt employers today and were not successful. Now we 
are working on contract sanctity. I hope all Democrats and Republicans 
will look at the language that is in the bill and realize how far it 
goes and think about what is getting ready to happen. I use for an 
example President Clinton's appointment of a bipartisan commission to 
make recommendations on this issue. They said in the report:

       The right to external appeals does not apply to denials, 
     reductions, or terminations of coverage or denials of payment 
     for services that are specifically excluded from the 
     consumer's coverage as established by contract.

  In other words, the report to the President by the Advisory 
Commission on Consumer Protection and Equality in Health Care says if 
it is excluded in the contract, you don't have the right to even have 
an appeal. That is not appealable. In other words, if the contract says 
don't cover it, it shouldn't be covered.
  Yet in the language in the bill, did we adhere to the President's 
commission? No. If you look at the language on page 35 of the bill:

       No Coverage for Excluded Benefits.--Nothing in this 
     subsection shall be construed to permit an independent 
     medical reviewer to require that a group health plan, or 
     health insurance issuer offering health insurance coverage, 
     provide coverage for items or services for which benefits are 
     specifically excluded or expressly limited under the plan or 
     coverage in the plain language of the plan document--

  If it stopped there, it would be great, but it doesn't stop there, if 
you read the additional language:

     and which are disclosed under section 121(b)(1)(C) except to 
     the extent that the application or interpretation of the 
     exclusion or limitation involves a determination described in 
     paragraph (2).

  In other words, you don't have to pay for an excluded benefit 
``except for.''
  Wait a minute, you have a contract, and a medical provider says, I 
will provide this list of contracts and I will charge so much per month 
to provide these contracts, and this bill says we are not going to 
overturn that exclusion. That is what the first part of the paragraph 
says. And the second part of the paragraph says ``except for,'' and you 
have to ask, well, what do you mean ``except for''? Start reading: 
except for medically reviewable decisions, and it turns out anything is 
a medically reviewable decision.
  So anyone can say it is medically reviewable if the denial is based 
on medical necessity and, appropriately, denial based on experimental 
or otherwise based on evaluation of medical facts. The net result is, 
bingo, anything is covered. You have a lottery.
  I heard my colleague from Massachusetts--and I have great respect for 
him--say we had an agreement last year and basically Senator Nickles in 
the conference committee agreed to this language.
  We did not. I will make a few comments to get specific on the 
language. We came close in a lot of areas. But I will refresh my 
colleagues on things we did agree to that do not appear in the bill 
today.
  I have a document, agreed-to elements of the external appeals 
section, dated April 13, 2000, 6 o'clock. We agreed to many items which 
were not in the underlying bill. I don't think you can say we agreed to 
one provision--whoops, we forget to say we agreed on a lot of other 
things.
  We agreed that a patient should have access to independent reviews 
for any denial of claim of benefits, No. 1, if the amount of such item 
or service exceeds a significant financial threshold or, No. 2, if 
there is a significant risk of placing the life, health, or development 
of the patient in jeopardy.
  I see in the bill we have before us there is no such thing as a 
financial threshold. This clearly violates the so-called agreement that 
was entered into last year.
  Further, the language regarding the ``denial creates a significant 
risk of placing the life health or development of the patient in 
jeopardy'' is not in the bill before us. It is not in the McCain-
Kennedy-Edwards bill.
  It is interesting; that language was in the original Senate bill, S. 
6. It was also in President Clinton's report on quality. But it is not 
in the bill that we have before us. It is not in the McCain-Kennedy-
Edwards bill. My point is, before we had included some language to try 
to make sure we would have some protections and that was disregarded.
  In addition, last year we agreed to a $50 filing fee to discourage 
frivolous filings. I see this particular agreement was also absent from 
today's version. The bill before us has a $25 filing fee. One of the 
reasons why we had a $50 filing fee was because we did not want 
frivolous filings. We didn't want people to say:
  I will appeal. Maybe I will get lucky; maybe I will have extra 
benefits, more coverage; maybe I can lay a predicate for lawsuits in 
the future. What do I have to lose? If you had a little more of a 
threshold, it may discourage frivolous suits.
  We also agreed at one time to consider expert opinion if it was by 
informed, valid, and relevant scientific and clinical evidence. The 
language we have before us on page 35 talks about the standard for 
determination. It says we are going to review:

       . . . valid relevant scientific evidence and clinical 
     evidence, including peer-reviewed medical literature and 
     findings including expert opinion.

  But it did not include everything we had agreed to in the past.
  What I do recall is last year we did agree that both sides maintained 
there was a goal to maintain the sanctity of the contract and not 
establish appeals which allowed for the coverage of any excluded 
benefit. In fact, the very basis for today's debate is ensuring that 
patients are not denied promised benefits. It is not a debate to create 
a process to resolve and order unpromised benefits.
  I think the language we have before us in the McCain-Kennedy-Edwards 
bill does just that. It is the legislative process that we would make 
where people could get unpromised benefits, to get items that in some 
cases are contractually prohibited to be covered benefits.

[[Page 11857]]

  That is a stretch. Federal employees do not have that; Medicare does 
not have that; Medicaid doesn't have it. There is a list of covered 
benefits and there is also a list of excluded benefits.
  I will give an example and I will put this in the Record. This is 
from CHAMPVA. It has a list of about 25 items that are excluded, 
specifically, from VA coverage. I will mention a couple of them: 
acupuncture, air conditioners, humidifiers, exercise equipment, 
eyeglasses, and contact lenses.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. NICKLES. I ask unanimous consent to proceed for another 6 
minutes.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered. The Senator may proceed.
  Mr. NICKLES. Health club memberships, hearings aids or hearing aid 
exams, homemaker services, hypnosis, massage therapy, physical therapy 
consisting of general exercise programs, plastic and other surgical 
procedures primarily for cosmetic purposes, smoking cessation programs, 
and several others.
  My point is, here is a Government plan for veterans that has 
specifically excluded items that should not be covered. I will venture 
to say every private health care plan has excluded items as well. Under 
the bill we have before us, it says you don't have to cover excluded 
items except for--and then it opens the door. That, to me, says do not 
pay any attention to the contract. Contracts do not mean anything.
  What is the net result of that? If people who have contracts are not 
bound by the contracts, then the cost of providing health care is going 
to go way up. There is no real definitive way of knowing how much the 
coverage is going to cost because it is not defined coverage. There is 
nothing you can bank on.
  I compliment my friends and colleagues from Arizona and Nebraska for 
their leadership in putting this amendment together. This amendment is 
equally as important--maybe not quite as easy to understand but very 
much as important--for containing the cost of health care as anything 
we have considered so far. Are we going to allow people to have 
contracts? Are we going to live by those contracts? Or are we going to 
take the language in this bill and say: Contracts? We don't care. Are 
we going to violate what the President's Commission on Health Care 
said? They said you should not cover items that are excluded from 
contracts. Are we just going to ignore it as does the underlying 
McCain-Kennedy-Edwards bill? Are we going to have a medical necessity 
definition that is the same thing Federal employees have on their fee-
for-service plans, which is a quality plan which most all of us are in 
and most all of us are happy with? Isn't that good enough? Can't we 
give some assurances that those are things that people can rely on?
  Again, I compliment my colleague from Nebraska, Senator Nelson, for 
his expertise. He brought this to my attention when I was discussing 
this legislation. He was exactly right. He said this has to be fixed. 
We are working to fix it. We can fix it.
  I urge my colleagues, let's not just be voting on remote control, on 
how some leaders tell us how to vote. Let's look at the language. Do 
you really want to have language that basically abrogates contracts, 
ignores contracts, no telling how much it can cost and also, 
incidentally, have liability?
  You could have, under the McCain-Kennedy bill, a situation where 
somebody doesn't provide a service that is contractually prohibited and 
they can be sued because some expert might determine it is medically 
necessary. This expert might be a acupuncture specialist and they might 
determine that what you need to solve your back problem is acupuncture 
and even though your contract, as VA's, says you do not have to cover 
it, you have to cover it because that is a solution and under the bill 
it says expert opinion. So maybe it should be covered.
  If you think that is a stretch, it is not a stretch. You can find 
experts to say almost anything in the medical field and sometimes in 
the legal field.
  My point is this bill undermines contracts in a way in which I think 
we should be very, very wary. We should not do this. My colleagues from 
Nebraska and Arizona have come up with a good fix, a good solution. I 
appreciate that the Senator from North Carolina said he is amenable to 
fixing this problem. The way to fix it is to pass the Kyl-Nelson 
amendment. I urge my colleagues to vote for this amendment tomorrow 
morning.
  I thank the indulgence of my colleagues I yield the floor, and ask 
unanimous consent the CHAMPVA list be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

            Other Medical Services . . . What Is Not Covered

              (Not all-inclusive--see Specific Exclusions)

       Acupuncture.
       Acupressure.
       Air conditioners, humidifiers, dehumidifiers, and 
     purifiers.
       Autopsy.
       Aversion therapy.
       Biofeedback equipment.
       Biofeedback treatment of ordinary muscle tension or 
     psychological conditions.
       Chiropractic service.
       Exercise equipment.
       Eyeglasses, contact lenses, and eye refraction exams--
     except under very limited circumstances, such as corneal lens 
     removal.
       Foot care services of a routine nature, such as removal of 
     corns, calluses, trimming of toenails, unless the patient is 
     diagnosed with a systemic medical disease.
       Health club memberships.
       Hearing aids or hearing aid exams.
       Homemaker services.
       Hypnosis.
       Medications that do not require a prescription (except for 
     insulin and other diabetic supplies which are covered).
       Massage therapy.
       Naturopathic services.
       Orthotic shoe devices, such as heel lifts, arch supports, 
     shoe inserts, etc., unless associated with diabetes.
       Physical therapy consisting of general exercise programs or 
     gait analysis.
       Plastic and other surgical procedures primarily for 
     cosmetic purposes.
       Radial Keratotomy.
       Sexual dysfunction/inadequacy treatment related to a non-
     organic cause.
       Smoking cessation programs.
       Transportation services other than what is described for 
     ambulance service under What Is Covered in this section.
       Weight control or weight reduction programs, except for 
     certain surgical procedures (contact HAC).

  The PRESIDING OFFICER. Who yields time?
  Mr. KENNEDY. Mr. President, how much time remains?
  The PRESIDING OFFICER. The Senator from Massachusetts has 121/2 
minutes remaining.
  Mr. KENNEDY. I yield myself 4 minutes.
  Mr. President, we have had a good discussion coming back, once again, 
to what I think is one of the fundamental aspects of this bill. We have 
gone through this. I have taken the time to go through this evening 
what the criteria were going to be for the medical officer at the time 
of the external appeal. Those criteria have been supported today by the 
overwhelming majority of the medical profession because they understand 
that, with those criteria, we are going to get a medical decision that 
will be in the best interests of the patient. That is really not 
challenged.
  What is being suggested are three different options that might be 
used. The one we offer has the support of the medical community. It has 
the overwhelming support of the medical community. That is the first 
point.
  With all respect to my friend and colleague from Oklahoma, regarding 
the provisions, when it comes down to what is and is not going to be 
permitted, clearly if there is an exclusion in the contract there will 
not be the right of the medical officer to alter and change that. Let 
me give an example on the issue of medical necessity under the criteria 
that we have, where it might very well be interpreted by a medical 
officer. Say a particular HMO excluded cosmetic surgery.
  The question came down to a child that had a cleft palate, and the 
medical officer said: Well, they are excluding cosmetic surgery, but a 
cleft palate for a child is a medical necessity. That medical officer, 
I believe, ought to be able to make that judgment. Under the language 
that we have, that medical officer would be able to do it.

[[Page 11858]]

  If, on the other hand, the HMO had put in the contract that they will 
not permit a medical procedure for a cleft palate, then clearly that 
would be outside of the medical judgment, and outside of medical 
necessity.
  That is the example that is really reflected in the language which we 
have included. But the fact is those are exceptional cases. They are 
not unimportant. But the most important aspect of the case is that the 
judgment that is going to be made by the medical officer is going to be 
based on the medical needs of the particular patient and the best 
medical information that is available.
  That is what has had the broad support. There may very well be a new 
commission established under HHS made up of a number of different 
stakeholders which may come up with some recommendation that may be a 
better one. That might be so. If that is the case down the road, maybe 
we can have the opportunity to consider it and bring some change to it. 
But as we have heard earlier, and as we have seen, the Federal 
employees standard that is used is not permitted to be used in terms of 
appeals procedure. The reason, evidently, is because they believe the 
medical officer ought to be able to use the criteria which brings into 
play the latest information and the latest scientific information that 
is available, and the best information that would be helpful to that 
medical profession.
  Finally, there is the question, What are we going to do? Are we 
really going to ultimately let their judgment and decision be made by 
the medical professional with enough flexibility so that they can bring 
to bear medical judgments on this, and also consider the best 
information that is available to them and apply that best medical 
information available to benefit the patient?
  I think we have a good process and a good way of proceeding. That is 
why I believe that we ought to stay the course with what is included in 
the legislation and resist the amendment.
  Mr. President, I know we have another amendment that we are going to 
debate this evening. If there are others who want to speak on this, we 
welcome them.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, if this side has run out of time, I ask 
unanimous consent to speak for what time I might consume. But I don't 
expect it will be over 10 or 12 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. I don't intend to object. Is this in favor of the 
amendment?
  Mr. GRASSLEY. Yes. I am sorry I didn't say that. I am in favor of the 
amendment.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.
  Mr. GRASSLEY. Mr. President, I want to address what I believe is a 
very fundamental, fatal flaw in the legislation before us. That flaw 
relates to how the bill treats health plan contracts, and the 
precedents that this treatment sets for all contracts, not just those 
between health plans and employers.
  As currently drafted, the bill states that specific definitions and 
terms in health plan contracts can be entirely thrown out in favor of 
another definition made up by a third party charged with reviewing a 
plan's decision to deny care.
  This basically invalidates all contracts between health plans and 
employers and makes them non-binding.
  Putting the terms of health plan contracts on the chopping block 
undercuts the very purpose of the health plan contract itself.
  If these contracts are not binding, the health plan will have no way 
of knowing what standard it should follow in making coverage decisions, 
the employer will have no way of knowing what its costs will be, and 
the patient will have no way of knowing what kinds of items and 
services are covered.
  In short, the contract won't be worth the paper its printed on.
  How do you do business without a contract? Quite frankly it's almost 
impossible to imagine doing business at all without a binding 
agreement.
  The Kennedy-McCain bill forces managed care plans to do business in a 
way that no other industry is forced to do--by that I mean without a 
binding and valid contract.
  Now, let me stop here for a minute and talk about these health plan 
contracts.
  First, contracts between health plans and employers are actually 
negotiated with all parties involved.
  Employers, usually with the help of unions and other worker 
representatives, bargain for specified coverage in order to meet the 
unique needs of different employees. Every contract is different.
  What's more, these contracts are typically reviewed and approved by 
state insurance regulators before they become effective. The whole 
process is deliberative, time consuming and, all told, is truly a 
``meeting of the minds.''
  The Kennedy-McCain bill says, in effect, to heck with that meeting of 
the minds. The bill gives unrelated third parties reviewing patient 
complaints unprecedented authority to take out contract terms that were 
bargained for in good faith and literally throw them in the trash.
  This authority to override contracts at any time and for any reason 
goes far beyond the authority given even to judges, who in all but the 
rarest instances are obliged to apply the terms of a contract.
  And where judges must explain their rationale in opinions and are 
generally accountable as public officials, these third party reviewers 
as outlined in the Kennedy-McCain legislation are private citizens and 
are not accountable to anyone at all.
  I do believe that every patient should have a right to an 
independent, external review of a health plan's decision to deny care. 
But that right cannot be without some rationality and accountability.
  Third parties charged with reviewing patient complaints should have 
broad discretion to thoroughly assess, and even overturn, a plan's 
decision so long as that authority is exercised within the four corners 
of the contract.
  Kennedy-McCain authorizes third parties to veer far, far away from 
those four corners, and to tear up the contract altogether.
  I encourage my colleagues to think about what it would be like if the 
contracts that they live by everyday contracts for life insurance, home 
mortgages, even car leases could be torn up and rewritten by an 
unaccountable third party at any time.
  Moreover, I encourage my colleagues who know small business owners or 
who were themselves small business owners, to think about doing 
business without the security of a binding contract.
  I believe that those of my colleagues who do think about this will 
come to understand that the consequences of allowing contract terms to 
be thrown out could be disastrous, and that all contracts, whether 
involving a health plan or not, deserve the deference that our laws 
traditionally give them.
  I urge my colleagues to reject the Kennedy-McCain approach to health 
plan contracts and to support the Kyl-Nelson amendment--which is an 
approach that honors both the integrity of the contract itself, as well 
as the intent of the parties to it. In the end, it is the patient who 
wins under this amendment.
  Thank you.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Colorado is to be recognized to offer an amendment.


                           Amendment No. 817

  Mr. ALLARD. Mr. President, I call up amendment No. 817.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Colorado [Mr. Allard], for himself, Mr. 
     Bond, Mr. Santorum, and Mr. Nickles, proposes an amendment 
     numbered 817.

  Mr. ALLARD. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To exempt small employers from causes of action under the 
                                  Act)

       On page 148, between lines 23 and 24, insert the following:

[[Page 11859]]

       ``(D) Exclusion of small employers.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, in addition to excluding certain physicians, 
     other health care professionals, and certain hospitals from 
     liability under paragraph (1), paragraph (1)(A) does not 
     create any liability on the part of a small employer (or on 
     the part of an employee of such an employer acting within the 
     scope of employment).
       ``(ii) Definition.--In clause (i), the term `small 
     employer' means an employer--

       ``(I) that, during the calendar year preceding the calendar 
     year for which a determination under this subparagraph is 
     being made, employed an average of at least 2 but not more 
     than 50 employees on business days; and
       ``(II) maintaining the plan involved that is acting, 
     serving, or functioning as a fiduciary, trustee or plan 
     administrator, including--

       ``(aa) a small employer described in section 3(16)(B)(i) 
     with respect to a plan maintained by a single employer; and
       ``(bb) one or more small employers or employee 
     organizations described in section 3(16)(B)(iii) in the case 
     of a multi-employer plan.
       ``(iii) Application of certain rules in determination of 
     employer size.--For purposes of this subparagraph:

       ``(I) Application of aggregation rule for employers.--All 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986 shall be treated as 1 employer.
       ``(II) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(III) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.

       On page 165, between lines 14 and 15, insert the following:
       ``(D) Exclusion of small employers.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, in addition to excluding certain physicians, 
     other health care professionals, and certain hospitals from 
     liability under paragraph (1), paragraph (1)(A) does not 
     create any liability on the part of a small employer (or on 
     the part of an employee of such an employer acting within the 
     scope of employment).
       ``(ii) Definition.--In clause (i), the term `small 
     employer' means an employer--

       ``(I) that, during the calendar year preceding the calendar 
     year for which a determination under this subparagraph is 
     being made, employed an average of at least 2 but not more 
     than 50 employees on business days; and
       ``(II) maintaining the plan involved that is acting, 
     serving, or functioning as a fiduciary, trustee or plan 
     administrator, including--

       ``(aa) a small employer described in section 3(16)(B)(i) 
     with respect to a plan maintained by a single employer; and
       ``(bb) one or more small employers or employee 
     organizations described in section 3(16)(B)(iii) in the case 
     of a multi-employer plan.
       ``(iii) Application of certain rules in determination of 
     employer size.--For purposes of this subparagraph:

       ``(I) Application of aggregation rule for employers.--All 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986 shall be treated as 1 employer.
       ``(II) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(III) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.

  Mr. ALLARD. Mr. President, I am offering an amendment to S. 1052 that 
would prevent frivolous, unnecessary, and unwarranted lawsuits against 
small employers. That is what my amendment is all about. It exempts 
small employers that have 50 or fewer employees in their firm. I think 
this is an important provision. I plan on sharing with my colleagues in 
this Senate Chamber some of my experiences as a small businessman.
  I have had the experience of having to start my business from 
scratch. I worked with fewer than 50 employees. Believe me, from 
personal experience, I know what happens when you are a small employer 
and you have too many mandates on your business and you do not have all 
the staff and accountants and lawyers in your firm to help you along, 
and you have to go to an attorney or accountant outside your business. 
I know the impact it can have as far as cost is concerned.
  Believe you me, I know what it feels like to have taxes increased on 
you as a small businessman because you are in the dollar game; every 
dollar makes a difference on what your bottom line is going to be.
  Contrary to what many Members of the Senate are trying to argue, S. 
1052 does not exempt small employers from lawsuits. Under S. 1052, 
employees could sue their employers when an employer--and I quote--
``fails to exercise ordinary care in making a decision.'' That is from 
page 140 of the bill.
  Mr. President, 72 percent of small employers in the United States 
provide health care that Americans need. They do not have to provide 
that coverage, but they choose to on their own. The Senate should honor 
that. The Senate should respect that. S. 1052, however, undermines 
that.
  Allowing small employers to be liable for health care decisions would 
unduly burden a small employer. It would force them to drop health 
insurance coverage for millions of America's small business employees. 
At the very least, it adds a new burden to the businessperson who 
already spends too much time dealing with Government mandates and 
paperwork.
  Without our amendment, S. 1052 places medical treatment decisions in 
the hands of lawyers and judges and will trigger a plethora of lawsuits 
against small employers, in my view, creating a field day for trial 
lawyers. The Senate should not support legislation that allows 
unwarranted lawsuits that hurt small employers.
  This year, employers are trying to cope with a 12-percent increase in 
health care costs that employers experienced last year. Now, as we move 
forward into another year, they are looking at somewhere around a 13-
percent increase.
  I have a recent survey that was jointly put together with the 
consulting firm Deloitte & Touche and the industry of business and 
health that reveals that health premiums increased more than 12 percent 
last year and are expected to increase 13 percent in both 2001 and 
2002. So this is a burden with which small employers are faced.
  With the passage of this bill, the Congressional Budget Office has 
estimated it would increase premiums another 4 percent. That would have 
a very adverse impact on small employers. We have heard it is likely we 
will have an additional 1 million who are uninsured with the passage of 
this Patients' Bill of Rights. I suggest to the Members of the Senate, 
a large part of that million is going to come from the very small 
employers, those with 50 employees or fewer.
  S. 1052, as it is currently written, would cause further increases in 
health care costs for American families, workers, and businesses across 
the board. The Congressional Budget Office has estimated that the 
previous version of S. 1052, which is substantially identical to the 
current bill under consideration, would increase the Nation's health 
care costs, as I mentioned earlier, by more than 4 percent. This is 
above and beyond the additional 13-percent increase in health care 
costs employers will face this year. Moreover, this year's increase 
would be the seventh annual increase in a row.
  If S. 1052 passes, many small employers will stop providing health 
care for their employees and the number of uninsured Americans will 
increase. The country cannot afford this. The small businesses of 
America cannot afford this. The country cannot afford S. 1052 in its 
current form.
  I personally know the costs of providing health care to employees. As 
I mentioned earlier, for 20 years I practiced veterinarian medicine and 
provided health care insurance to my employees. I can speak from 
personal experience: Providing health care was costly. If I were still 
practicing veterinarian medicine as a private employer, I could not 
begin to imagine the burden S. 1052 would place on me, my employees, 
and everybody's families involved in that business.
  I believe we should pass a Patients' Bill of Rights, not a lawyers' 
right to sue. Our bill should focus on expanding access to affordable 
health care for the

[[Page 11860]]

Nation's 43 million uninsured, not on taking steps that will cause more 
Americans to lose their health insurance and further burden small 
business.
  I also bring up the point that in this particular piece of 
legislation there are four exemptions. There is an exemption for 
physicians, an exemption for hospitals, an exemption for a 
recordkeeping function in health care, as well as an exemption for some 
insurance providers.
  The point I make is that if you are beginning to provide an exception 
for certain businesses, then why not provide that exception for those 
people who are going to be most adversely impacted by this particular 
piece of legislation? Those 1 million or so that will be uninsured are 
going to come out of that small business sector because small employers 
will have to make the tough decision as to whether they can afford it 
or not, and many of them are going to say: We can't afford it, so we 
are going to have to make some adjustments.
  One of the major adjustments because of the threat of a lawsuit--and 
I point out to the Presiding Officer that not only is it the lawsuit 
itself when you happen to get a judgment against you that is such a 
problem; it is the threat of a lawsuit because your margin of profit is 
so narrow that you cannot afford to pay for the professional help, the 
attorneys to defend you. So small employers will make the decision not 
to provide health care insurance.
  My amendment to S. 1052 would exclude small business employers from 
being the victims of frivolous lawsuits. I urge my colleagues to 
consider the consequences of the small employer liability provisions in 
S. 1052 and to support this amendment.
  I think at a time when our economy in this country is struggling, and 
at a time when I think everybody in this Chamber understands how 
important it is to have a vital small employer sector--it is the small 
employers that have come up with new ideas; it is the small employers 
that are the backbone of economic growth in many of our small 
communities, particularly in rural areas; it is the small employers 
that so many of us look to, to be the leaders in our communities--I 
hope there remains a sensitivity to what the small employer contributes 
in the way of competition, in the way of developing new ideas, and in 
the way of making sure we have stronger family-oriented communities. It 
is a pool of leadership that not only strengthens our communities and 
our States and our Nation, but it is something around which our whole 
economy evolves because the importance of competition, and using the 
dollar and the marketplace to allow the consumer to predict the best 
services is an important concept in this country.
  I don't want to see us lose that by moving constantly towards larger 
businesses and a corporate-type of society. There is no doubt that 
small business is important to this country. I hope Members of the 
Senate will join me in making sure the small employer, those with 50 
employees or less, is exempted from the liability provisions in S. 
1052. I ask for their support of this amendment.
  The PRESIDING OFFICER. Who yields time? The Senator from 
Massachusetts.
  Mr. KENNEDY. Mr. President, I thank the good Senator for his 
amendment and his thoughtful explanation of it. I will oppose the 
amendment. I will state briefly why this evening.
  Basically, we have a number of definitions of small business. We are 
taking now the definition of 50 employees or less. That is about 40 
percent of the workforce. It might be as high as 43 percent. So with 
this amendment, effectively we are undermining 40 to 43 percent 
coverage for all those employees across the country. If we believe in 
the protections of this legislation, that is a major exclusion.
  What are those protections? Those protections are very simple. They 
are very basic and fundamental. For example, doctors ought to be making 
the decisions on medical care and not the HMOs. The employees who work 
in these businesses and where the HMOs are selling these policies are 
being hurt just as those who are above the 50. Excluding them from 
these kinds of protections is unacceptable.
  Their children are going to be hurt. Their children should be able to 
get the kind of specialty care that others can. The wives of those who 
work in those plants and factories ought to be able to get into 
clinical trials if they have breast cancer. They ought to be able to 
have an OB/GYN professional as a primary care physician, if that needs 
to be so. They ought to get the prescription drugs they need, if a drug 
is not on the formulary. They ought to be able to get the continuity of 
care they need. This care protects expectant mothers from losing a 
doctor during the time of their pregnancy, if the employer drops the 
coverage with an HMO. These are very important kinds of protections we 
are discussing.
  If we accept the Senator's amendment, we are effectively excluding 40 
percent of the population.
  The Senator makes a very good point about cost, particularly for 
small business. I am always amazed in my State of Massachusetts. You go 
down to 15, 20 employees and still the small businessmen are providing 
health care coverage. What is happening, they are paying anywhere from 
30 to 40 percent more in premiums every single year. This occurs 
because they are not able to get together with other kinds of groups 
and get the reductions that come from the ability to contract with 
large numbers of employers. They are getting shortchanged in those 
circumstances. Many of the firms they work with are in the business one 
year and out of the business a second year.
  The point the Senator makes about the particular challenge for small 
employers to offset health coverage for their employees is very real. 
We ought to help them. There have been a number of different proposals 
which I have supported and others have supported in terms of 
deductibility and helping those companies. That is an important way of 
trying to get about it. But the suggestion that is underlying the 
Senator's presentation is that the cost of this particular proposal is 
what is really going to be the straw that breaks the camel's back.
  He talks about a 4-percent increase in premiums. That is a percent a 
year, as we have learned. The alternative percent is around 3 percent. 
It is 3 percent over the period of 5 years. The CBO points out that the 
cost of the various appeals provisions and the liability provisions are 
eight-tenths of 1 percent over the 5 years. And in the alternative 
bill, it is four-tenths of 1 percent.
  I mentioned earlier in the day that the largest CEO salary of an HMO 
was $54 million a year, and $350 million in stock options. This 
constitutes a benefits package of $400 million. That adds $4.25 to 
every premium holder, small business premium holder, $4.25 a month. Our 
proposal adds $1.19 a month. That is just one individual. I am sure, in 
this case, he does a magnificent job. But when you are talking about 
the cost of this, we have also brought in the fact that the average 
income for the 10 highest salaried HMO CEOs is $10 million a year. 
Their stock options are in the tens of millions of dollars a year. The 
profits are 3.5 percent a year, $3.5 billion last year in profits. And 
still they ratcheted up their premiums 12 percent to maintain their 
profit margin. They made $3.5 billion.
  Yet they cannot make sure that we are going to be able to provide 
protections for their employees. They cannot make sure that they are 
not going to overrule doctors in local hospitals and community 
hospitals, in the urban hospitals, and in rural hospitals trying to 
give the best medical attention to the children and the women and their 
workers? We can't say that we want to provide that degree of protection 
for them?
  I just can't accept that. I would welcome the opportunity to work 
with the Senator in the area of small business. But that isn't what we 
are about this evening. The Senator's amendment, as I said, would 
effectively exclude 40 percent, 43 percent of all the employees. It 
makes the tacit assertion--more than tacit, explicit assertion--that 
the increased premiums that are going to be

[[Page 11861]]

included in this bill are just going to be unbearable. I suggest there 
are ways of getting cost savings on this.
  We have 50 million Americans now that have the kinds of protections 
that we are talking about. They have the liability protections. We 
don't see their premiums going up. We see the right to sue in the 
States of Texas and California, and the premiums aren't going up. There 
is very little distinction between the 50 million Americans now who 
have the liability provisions and those who do not.
  We are talking about a major assurance to families all over the 
country. When this bill passes and families go in and pay their 
premiums for health insurance, they will know they are getting coverage 
for the kinds of sickness, illness, and serious disease. Without this 
legislation, they may think they are covered. Then, at a time of great 
tension and pressure--they may have cancer for example--they are told 
by their primary care doctor that even though there is a specialist, an 
oncologist down the street who is the best in the country and is 
willing to treat that child, they are told they cannot have that 
specialty care.
  They are also told that they can't appeal that once the HMO makes 
that decision. They are being denied that, when we know what a 
difference it can make in terms of saving that child's life and in 
terms of that child's future.
  We want to make sure every parent knows that when they sign onto an 
HMO, they are going to be able to get the best care that is available 
for their child, for their wife, for their mother, for their son, for 
their grandparent, and not have these medical decisions overridden by 
the HMO.
  So it seems to me that those protections ought to be there for the 40 
percent of the workers, as well as to the other 60 percent. We ought to 
get to the business of paying attention to, helping, and assisting the 
smaller businesses. One of the best ways is for these major HMOs to 
stop spending the millions and millions of dollars they are spending 
every single night, right now, in distorting and misrepresenting the 
truth. Evidently, they are flooded with money because they are spending 
so much of it in order to defeat this legislation.
  This isn't an industry that is hard pressed. They are ready to open 
up all of their wallets and pocketbooks to distort and fight this 
legislation. And, they have the resources to be able to do it. They are 
not short on those resources. We do not see cutbacks on executive pay. 
We do not see cutbacks on stock options and the other hefty perks of 
being an HMO CEO. The idea that this particular legislation is going to 
be the straw that breaks the camel's back doesn't hold up. It is a 
smokescreen. It is not an accurate representation!
  I think that those 40 percent of American workers are entitled to 
coverage and protection.
  (Mr. CORZINE assumed the Chair.)
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. KENNEDY. Yes.
  Mr. DURBIN. I listened to the Senator from Colorado present his 
amendment on behalf of small businesses and employers. I recall, before 
my election to Congress, running a law office and buying health 
insurance for myself and my employees. I recall the experience when I 
went to one of the larger health insurance companies to cover my 
employees. So the belief that small businesses only do business with 
small insurance companies I am not sure is an accurate description. I 
think that small businesses often do business with large insurance 
companies.
  If I understand the Senator from Massachusetts and the amendment of 
the Senator from Colorado, if one employer has 49 employees here and is 
doing business with a large insurance company, that large insurance 
company doesn't have to offer the same protections to the small 
business' employees that it might offer to the business next door with 
60 employees. So the people who are losing are not the small business 
owners but the small business employees who don't get the benefit of 
the same protections that we are trying to guarantee to all Americans. 
Is that how the Senator from Massachusetts sees it?
  Mr. KENNEDY. The Senator is quite correct on this. That, of course, 
raises competitive situations. You are going to have competition on the 
dumbing down of protections for employees, rather than establishing a 
standard in competition in terms of the quality of the product. It is a 
race to the bottom, so to speak.
  Mr. DURBIN. So this will, in fact, limit the protections for 
employees of small businesses across America so that if you go to work 
for a small business, you just won't have the right to specialty care, 
to the drugs your doctor thinks are necessary to cure your disease, the 
right to a specialist in a critical circumstance, access to emergency 
rooms--all the things we are trying to guarantee in this bill. What the 
Senator from Colorado does is say we are not going to provide those 
protections if you are one of the 40 percent who works for a small 
business in America. Is that what the Senator understands?
  Mr. KENNEDY. The Senator is correct. I will make the case tomorrow, 
but it is my judgment that you will find that there are greater abuses 
in the areas of these smaller companies, smaller HMOs, appealing to 
smaller companies, rather than some of the larger HMOs which are tried 
and tested and have the reputation within a community to try and 
defend. We have had many that do a credible job, but you are going to 
find, I believe--and I will get to this more tomorrow morning--that the 
workers who are the most vulnerable are going to be workers in these 
plants.
  Mr. DURBIN. May I ask another question of the Senator from 
Massachusetts?
  Mr. KENNEDY. Yes.
  Mr. DURBIN. While I listened to the Senator from Colorado explain the 
increase in premiums, he suggested premiums had gone up 12 percent last 
year, and they anticipated they would come up 13 percent nationwide 
this year and the following year, which suggests that in a 3-year 
period of time, the Senator from Colorado tells us, we are going to see 
a 38-percent increase in health insurance premiums.
  Going back to a point earlier, how much will the Kennedy-Edwards-
McCain bill increase premiums each year over the next 5 years if we are 
going to have 38 percent in 3 years, just the natural increase in 
health insurance; how much will this legislation we are debating add to 
that cost?
  Mr. KENNEDY. Well, according to the Congressional Budget Office and 
OMB it will be less than 1 percent a year over the next 5 years--much 
less, closer to 4 percent. So, effectively, it is 4 percent.
  As we pointed out earlier in the debate, under the alternative 
proposal that the President supports, it is effectively 3 percent over 
5 years. As the Senator is pointing out, it is somewhat less than 1 
percent a year against what the Senator from Colorado mentioned--12 
percent last year and 13 percent this year. That is what is happening 
already, without these kinds of protections.
  Mr. DURBIN. I think that really addresses the issues raised by the 
Senator from Colorado. First, we are saying to employees of small 
businesses that you are not going to receive the protection of others 
with health insurance. Secondly, even though the cost is less than 1 
percent a year to give these added protections, we are not going to ask 
the small businesses to accept this, even in the face of an increase in 
premiums, which the Senator from Colorado tells us was 38 percent over 
3 years.
  I thank the Senator from Massachusetts.
  Mr. KENNEDY. I thank the Senator for his helpful comments.
  Mr. REID. Will the Senator yield?
  Mr. KENNEDY. Yes.
  Mr. REID. I know the Senator is in a rush. I just want to make two 
brief comments. First of all, to make it plain English so somebody from 
Searchlight, NV, where I was born, understands it, the Congressional 
Budget Office says S. 1052 would result in a premium increase of only 
4.2 percent over 5 years. The cost of the average employee would be 
$1.19 per month.

[[Page 11862]]

This would be 37 cents per month more than the legislation that really 
gives no coverage at all on the other side.
  I want to say one last thing to my friend. We were here on the floor 
earlier today. We know one of the things that is trying to be injected 
into this is that this is a terrible thing for small business. That is 
what this amendment is all about--that the Kennedy-Edwards-McCain 
legislation is bad for small business. I read to the Senator earlier 
today--and I am going to take 1 minute to read a communication I got 
from a small businessman in Nevada today:

       As a small business owner--

  Less than 50 employees--

     and as a citizen, I urge you to support the upcoming bill 
     commonly known as the ``Patients' Bill of Rights.'' I also 
     would like to state that I support your and Senator McCain's 
     version of the bill. If the HMOs can afford to spend millions 
     on lobbyists and advertisements, then they can afford to do 
     their job correctly, preventing the lawsuits in the first 
     place . . .
       . . . I am willing to pay to know that what I am purchasing 
     from my HMO will be delivered, not withheld until someone is 
     dead, then approved postmortem. While a believer in the 
     market and freedom, I feel that we need a better national 
     approach to health care. As the richest nation in the world, 
     as the only real superpower, why do so many Americans get 
     Third World levels of health care, even when they have 
     insurance?
       Thank you for your time. Michael Marcum, Reno, NV.

  This is a small businessperson. He doesn't have millions of dollars 
to run TV ads, radio ads, and newspaper ads, but he has the ability to 
contact me, as hundreds of thousands of other small businesspeople can 
do. This legislation that you are supporting is good for small 
business, and this is only one of the other ploys to try to distract 
from the true merits of this legislation.
  Mr. KENNEDY. I thank the Senator because in his statement he has 
really summarized the importance of resisting this amendment. Those 40 
percent of workers deserve these kinds of protections. These are not 
very unique or special kinds of protections.
  They are the commonsense protections we have illustrated during the 
course of this debate--access to emergency room care based upon a 
prudent layperson standard, protections of speciality care, clinical 
trials, OB/GYN, continuity of care and point of service. So patients 
are able to get the best in specialty care and formulary, the new 
medicines, and making sure their doctors, American doctors, are the 
best trained in the world. These doctors have committed their lives to 
benefit patients, and they are trained to do so trained to make the 
medical judgments.
  That is what American families believe they are paying for when they 
pay the premiums, but we have a group of HMOs that feel they can put 
the financial bottom line ahead of patient interests and shortchange 
millions of Americans. We should not let the 40 percent that will be 
affected by this amendment be excluded.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. ALLARD. Mr. President, I want to respond to some of the comments 
that were just made. The fact remains if you survey employers, half say 
they will drop employee coverage if exposed to lawsuits. I can 
understand that having been a small businessman, and I understand how 
one tries to deal with the bottom line of that business, usually a very 
marginal business.
  Again, I agree with the Senator from Massachusetts when he says we 
are talking about 40 to 45 percent of the workforce in this country. It 
points out how important that small business sector is. Those were 50 
employees or less. They are a vital part of our economy. We want to 
make sure they have an ability to attract employees into their 
business. We want to make sure they can meet the bottom line. We want 
to make sure they stay in business.
  I want to share a quote with the Members of the Senate made by 
William Spencer, who is with the Associated Builders and Contractors, 
Inc. We all know many times builders and contractors are small 
businesspeople, sometimes, at least in my State, frequently 4 and 5-man 
operations, rarely over 10, particularly in the subcontracting area:

       Many of the ABC's member companies are small businesses, 
     and thus the prospect of facing a $5 million liability cap on 
     civil assessments is daunting. Financial reality is that if 
     faced with such a large claim, many of our members could be 
     forced to drop employee health insurance coverage rather than 
     face the potential liability or possibly even shut their 
     business down.

  I think he is right on, and I agree with him. The question is, how do 
you respond as a small employer when you are faced with an untenable 
exposure from a lawsuit or costs or regulatory burden? You try to 
figure out a way you can move out of that liability you are facing. 
What I did, and I think many small employers will do, is go back to 
their employees and say: Look, there is no way we can cover your 
medical insurance. There is no way we can work with a program, whether 
it is an HMO or whatever, to provide you with medical insurance.
  If you are a small employer such as I was--I had part-time employees 
working for me. Many who came to work for me had never held a job in 
their life. They were just out of high school, in many instances, and 
going to college. I was going to give them their first experience in 
the workplace.
  I had to make a decision as to what we were going to do in a case 
where I had increasing costs in my small business. Many of them were as 
a result of insurance premiums. I decided that I was going to approach 
my employees and say: I would much rather pay you extra to work in my 
business and leave it up to you to line up your own health care 
coverage.
  Again, they were part-time employees who we expected, in many cases, 
to work for us for 3 months, sometimes 2, 3 years, and then they would 
be moving on.
  By taking this approach, I also gave them portability. In other 
words, when they left my business, they were not faced with the issue 
of what is going to happen with my insurance when I get to a new 
employer; what is going to happen, from the employee's perspective; 
what am I going to do when I am no longer working for my current 
employer as far as health coverage is concerned.
  That is how I decided to handle it. I think most small employers will 
view it the same way I did. When they see that untenable exposure, they 
are going to decide not to have coverage for their employees. In order 
to stay competitive, they might decide to pay them more or some other 
way to compensate them for that loss in health care coverage.
  The fact remains, from my own personal experience, it is not hard for 
me to believe that many small employers, as many as half, will elect 
not to provide health care coverage for their employees.
  We need to do everything we can to encourage the small business 
sector to survive. This is not the only place where we draw a bright 
line, where we recognize how important the small business sector is to 
us. In other places in the law, we have tried to define what a small 
business is. In some cases, we drew it at 150 employees or less; in 
some cases, 100 employees or less; or maybe, in some cases, 50 
employees or less. In fact, in some cases, they even tried to define 
the very small employer of 15 employees or less.
  It is not an unusual policy for the Senate in legislation to draw a 
bright line to define what a small employer would be. In this 
particular instance, it is entirely appropriate to make that at 50 
employees or less, and if you have 50 employees or less, you would be 
exempted from the provisions of the Senate bill that is before us.
  Small businesses are important for the economic growth of this 
country. Small businesses are important to generate new ideas. When an 
American has a great idea, many times they go into business for 
themselves, and they try to market that idea. If it works, it may 
eventually grow into a large business. If it does not work, they may 
eventually end up having to work for another employer. But many times 
they are contributors to their communities. They are contributors to 
the employee base. They are contributors to the leadership within that 
community and help make that community a better place in which to live.

[[Page 11863]]

  I believe we need to be sensitive to what small employers can 
contribute to our economy and the vital role they play. I believe this 
mandate, this bill will make it much more difficult to stay in 
business, and, consequently we will begin to lose that pool of talent 
that is so vital to the health of this country.
  The PRESIDING OFFICER. Who yields time?
  Mr. REID. Mr. President, under the order that is now before the 
Senate, if the Senator from Colorado yields back his time, we will do 
so and finish this debate in the morning under the time that is 
scheduled.
  Mr. ALLARD. Is the Senator from Nevada yielding back his time?
  Mr. REID. Yes.
  Mr. ALLARD. I will yield back the remainder of my time.
  Mr. REID. We will complete the debate in the morning. The Senator 
from Colorado will have an hour in the morning.
  Mr. ALLARD. That is my understanding, there will be an hour.
  Mr. REID. Evenly divided.
  I yield back our time and the minority has yielded back their time.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                            MORNING BUSINESS

  Mr. REID. Mr. President, I ask unanimous consent there be a period of 
morning business, and Senators be permitted to speak for up to 5 
minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                PRESIDENTIAL TRADE NEGOTIATING AUTHORITY

  Mr. BYRD. Mr. President, I am very much concerned about our loss of 
direction with regard to Presidential trade negotiating authority. Many 
Members of the House, and some of my colleagues here in the Senate, 
advocate a wholesale surrender--a wholesale surrender--of Congress' 
constitutional authority over foreign commerce, as well as the 
evisceration of the normal rules of procedure for the consideration of 
Presidentially negotiated trade agreements.
  I am talking about what is commonly known as ``fast-track,''--fast 
track--though the administration has chosen the less informative 
moniker--the highfalutin, high sounding ``trade promotion authority.'' 
``Trade promotion authority'' sounds good, doesn't it? ``Trade 
promotion authority,'' that is the euphemistic title, I would say--
``trade promotion authority.'' The real title is ``fast-track.''
  What is this fast-track? It means that Congress agrees to consider 
legislation to implement nontariff trade agreements under a procedure 
with mandatory deadlines, no amendments, and limited debate. No 
amendments. Get that. The President claims to need this deviation from 
the traditional prerogatives of Congress so that other countries will 
come to the table for future trade negotiations.
  Before I discuss this very questionable justification--which ignores 
almost the entire history of U.S. trade negotiating authority--I think 
we ought to pause and consider--what?--the Constitution of the United 
States. I hold it in my hand, the Constitution of the United States. 
That is my contract with America, the Constitution of the United 
States.
  Each of us swears allegiance; we put our hand on that Bible up there. 
I did, and swore to support and defend the Constitution of the United 
States against all enemies, foreign and domestic.
  Each of us swears allegiance to this magnificent document. As Justice 
Davis stated in 1866:

       The Constitution of the United States is a law for rulers 
     and people, equally in war and in peace, and covers with the 
     shield of its protection all classes of men, at all times, 
     and under all circumstances. No doctrine, involving more 
     pernicious consequences, was ever invented by the wit of man 
     than that any of its provisions can be suspended during any 
     of the great exigencies of government.

  Ex Parte Milligan, 71 U.S. 2 (1866). This was the case that refused 
to uphold the wide-ranging use of martial law during the Civil War.
  Thus, Mr. President, let us review the Constitution to see what role 
Congress is given with respect to commerce with foreign nations. 
Article 1, section 8, says that ``The Congress shall have power to . . 
. regulate commerce with foreign nations, and among the several states, 
and with the Indian tribes . . . .''
  This Constitution also gives Congress the power ``to lay and collect 
. . . Duties, Imposts, and Excises.'' The President is not given these 
powers. Congress is given these powers. There it is. Read it. The 
President is not given these powers. These powers have been given to 
Congress on an exclusive basis.
  Nor is this the extent of Congress's involvement in matters of 
foreign trade. It scarcely needs to be pointed out that Congress's 
central function, as laid out in the first sentence of the first 
article of the Constitution, is to make the laws of the land. Were it 
not for that first sentence in this Constitution, I would not be here; 
the Presiding Officer would not be here; the Senator from the great 
State of Minnesota, Ohio, Florida, the great States, Alabama, we would 
not be here. Congress makes the laws of the land. Some people in this 
town need to be reminded of that.
  For example, Congress decides whether a particular trade practice in 
the U.S. market is unfair. Congress decides whether foreign steel 
companies can use the U.S. market as a dumping ground, which they have 
been doing, for their subsidized overcapacity. Are we to give this 
authority to the President and make Congress nothing more than a rubber 
stamp in the process of formulating important U.S. laws? As the great 
Chief Justice of the United States John Marshall might have asked: Are 
we ``mere surplusage''? Is the Senate mere surplusage?
  The Founding Fathers' memories were not short. Those memories were 
not occluded by real-time television news, nor were they occluded by 
the proliferation of ``info-tainment.'' The Founding Fathers had a vast 
reservoir of learning, particularly classical learning, to draw upon 
and a treasure trove of political experience.
  Our Founding Fathers were not enamored with the idea of a President 
of the United States who would gather authority unto himself, as had 
been experienced with King George III of England. Most of the 
administrations that have occurred--there have been at least 10 
different Presidents with which I have served; I have never served 
under any President, nor would any of those framers of the Constitution 
think well of me if I thought I served under any President. The framers 
didn't think too much of handing out executive power.
  So this exclusive power to regulate foreign commerce was not centered 
upon the legislative branch by whim or fancy. There were weighty 
considerations of a system founded on carefully balanced powers.
  The U.S. Congress tried to give away some of its constitutional 
authority by granting the President line-item veto power a few years 
back. Fie on a weak-minded Congress that would do that, a Congress that 
didn't know enough and didn't think enough of its constitutional 
prerogatives and powers and duties to withhold that power over the 
purse which it did give the President of the United States. Mr. Clinton 
wanted that power. Most Presidents want that power. Congress was silly 
enough to give the President of the United States that power. It was 
giving away constitutional power that had been vested in this body of 
Government, in the legislative branch.
  Thank God, in that instance at least, for the Supreme Court of the 
United States. It said Congress can't do that. Congress can't give away 
that power that is vested in it, and it alone, by the Constitution of 
the United States.

[[Page 11864]]

  So the U.S. Congress tried to give away some of its power. But, 
ultimately, as I say, that serious error was corrected by the Supreme 
Court. The Supreme Court saved us from ourselves. Hallelujah. Thank God 
for the Supreme Court. Boy, I was with the Supreme Court in that 
instance. Yes, sir. They saved us from ourselves.
  The ancient Roman Senate, on the other hand, was successful in giving 
away the power of the purse. And when it did that, when the ancient 
Roman Senate gave away the power of the purse, first to the dictators 
and then to the emperors, it gave away an important check on the 
executive. First, Sulla became dictator in 82 B.C. He was dictator from 
82 to 80. Then he walked away from the dictatorship, and he became 
counsel in 79. He died in 78 B.C., probably of cancer of the colon.
  Then in 48 B.C., what did the Roman Senate do again? It lost its way, 
lost its memory, lost its nerve, and restored Caesar to the 
dictatorship, Julius Caesar, for a brief period. In 46 B.C., it made 
him dictator for 10 years. Then in 45 B.C., the year before he was 
assassinated, the Roman Senate lost its direction, lost its senses and 
made Caesar dictator for life.
  Well, I don't know whether or when we will ever reach that point. But 
we need to understand how extraordinary, how very extraordinary this 
fast-track authority is that President Bush is running around, over the 
country, asking for--fast-track authority, but he is not calling it 
that. He is calling it something else.
  From 1789 to 1974, Congress faithfully fulfilled the Founders' 
dictates. During those years, Congress showed that it was willing and 
able to supervise commerce with foreign countries. Congress also 
understood the need to be flexible. For example, starting with the 1934 
Reciprocal Trade Act, as trade negotiations became increasingly 
frequent, Congress authorized the President to modify tariffs and 
duties based on negotiations with foreign powers. Such proclamation 
authority has been renewed at regular intervals.
  What happened in 1974? At that time we relegated ourselves to a 
thumb's up or thumb's down role with respect to agreements negotiated 
on the fast track. Stay off that track. Congress agreed to tie its 
hands and gag itself when the President sends up one of these trade 
agreements for consideration.
  Why on Earth, you might ask, would Congress do such a thing? What 
would convince Members of Congress to willingly relinquish a portion of 
our constitutional power and authority? What were Members thinking when 
they agreed to limits on the democratic processes by which our laws are 
made? And why, in light of the fact that extensive debate and the 
freedom to offer amendments are essential to effective lawmaking, would 
Congress decide that we can do without such fundamentally important 
procedures when it comes to trade agreements?
  The U.S. Senate is the foremost upper house in the world today. Why? 
There are many reasons. But two of the main reasons are these. The U.S. 
Senate has the power to amend, and the U.S. Senate is a forum in which 
men and women are able to debate in an unlimited way--they can limit 
themselves; otherwise, in this forum, I can stand on my feet as long as 
my feet will hold me and debate. And nobody--not the President of the 
United States, not the Chair--can take me off my feet, not in this 
body. Nobody. And I am not answerable to anybody for what I say here. 
Our British forebears took care of that when they provided in 1689 that 
there would be freedom of speech in the House of Commons.
  Well, we are doing it to ourselves when we pass fast track. We are 
saying: No amendments. You just either stamp up or down what the 
President sends up here.
  Again, why, in light of the fact that extensive debate and freedom to 
offer amendments are essential to effective lawmaking, would Congress 
decide that we can do without such fundamentally important procedures 
when it comes to trade agreements?
  I submit that, in 1974, we had no idea of what kind of Pandora's box 
we were opening. At that time, international agreements tended to be 
narrowly limited. Consider, for example, the U.S.-Israel Free Trade 
Agreement of 1985. The implementing language of that agreement was all 
of four pages, and it dealt only with tariffs and rules on Government 
Procurement.
  Fast track began to show its true colors with the 1988 U.S.-Canada 
Free Trade Agreement which, despite its title, extended well beyond 
traditional trade issues to address farming, banking, food inspection, 
and other domestic matters.
  The U.S.-Canada agreement required substantial changes to U.S. law, 
addressing everything from local banking rules to telecommunications 
law, to regulations regarding the weight and the length of American 
trucks. These changes were bundled aboard a hefty bill and propelled 
down the fast track before many Members of Congress knew what had hit 
them.
  Most ominously, the U.S.-Canada agreement established the Chapter 19 
dispute resolution procedure. This insidious mechanism, which was only 
supposed to be a stopgap until the U.S. and Canada harmonized their 
trade laws, gives the so-called trade ``experts'' from the two 
countries the authority to interpret the trade laws of the United 
States. We are not talking about judges now. We are not talking about 
persons trained in the laws of the United States. We are talking about 
trade ``experts,'' frequently hired hands for the industries whose 
disputes are under consideration.
  Moreover, unlike our domestic courts, there is no mechanism by which 
American companies that are adversely affected by Chapter 19 panel 
decisions might obtain appellate review. The system simply does not 
work. It goes against fundamental American principles of fairness and 
due process.
  In short, the U.S.-Canada agreement was nothing less than a dagger 
pointed at the heart of American sovereignty. That agreement--and the 
process by which it was concluded--undermined both the legislative and 
judicial authority of the United States.
  So where are we now? Today, American trade negotiators are faced with 
a completely different reality from what it was in 1974. Our trading 
partners know the game--shut out the people and appeal to the elite 
conceptions of a smoothly functioning global economy. In 1993, Lane 
Kirkland, then-president of the AFL-CIO, made an observation about 
NAFTA that is just as pertinent today as it was then, when I voted 
against it. Here is what he said:

       Make no mistake, NAFTA is an agreement conceived and 
     drafted by and for privileged elites, with little genuine 
     regard for how it will affect ordinary citizens on either 
     side of the Mexican border . . . The agreement's 2,000 pages 
     are loaded with trade-enforced protections for property, 
     patents, and profits of multinational corporations, but there 
     are no such protections for workers.

  In the new world of international trade negotiations, our trading 
partners, frequently assisted by their American trade lawyers, place on 
the table their ideas for elaborate changes to U.S. law. For example, 
our free trade area of the American trading partners propose dozens of 
pages of changes to our trade laws, modifications that are intended to 
eviscerate those laws.
  The American workers who would be displaced if those modifications 
were implemented are given no role in this process. None. We, their 
representatives, are given a minimal role, a little teeny-weeny 
portion. But we are not yet voiceless, not yet drowned out by the elite 
consensus on the virtues of free trade. Well, I am for free trade--who 
would not be--as long as it is fair, fair trade. But that is quite 
another matter.
  Let the free traders come to West Virginia. Come on down, Mr. 
President, and talk to those steelworkers over at Weirton. Come on down 
and talk to the steelworkers who are being laid off in Weirton, WV. 
Don't go over to Weirton and burn the flag. Those are patriotic 
citizens over there. But they are losing their jobs. Let the free 
traders come to West Virginia and talk to the steelworkers, talk to 
their families, talk to their neighbors. Let them talk to labor leaders 
from North America and Latin

[[Page 11865]]

America. Let them try to explain why the disintegration of ways of life 
that give both opportunity and security is good ``in the long run.''
  As John Maynard Keynes once wrote, ``Long run is a misleading guide 
to current affairs. In the long run, we are all dead.'' I will add: 
dead, dead, dead.
  I am getting sick and tired of these administrations, Democratic and 
Republican, who run to West Virginia and want the votes there and turn 
around and fail to take a stand for American goods, American 
industries, and American men and women workers.
  John Maynard Keynes also wrote, ``Practical men, who believe 
themselves to be quite exempt from any intellectual influences, are 
usually the slaves of some defunct economist.''
  How many Washington Post editorialists will lose their jobs if our 
trade laws are eviscerated? How many libertarian think tanks will be 
shut down when the free trade dystopia is established? Shall we take 
their views--the views of some defunct economist--as gospel, or shall 
we listen to those who earn their living by the sweat of their brow?
  When God evicted Adam and Eve from the Garden of Eden, they were told 
to earn their bread from the sweat of their brow, and that is why we 
are still doing it. I say listen to those who earn their living by the 
sweat of their brow. Go to Weirton to the steel town; go to Wheeling to 
that steel town, at Wheeling-Pitt with over 4,000 workers. I believe 
that is right. Go over there. Say to them: Boys, get in touch with your 
Senator and get in touch with your House Members and tell them to vote 
for--they do not call it fast track. What is it they call it? It is a 
sugar-coated pill. Tell your Senator to vote for that, and actually 
they will not say it out loud, but that is fast track. Tell your 
Senator to vote for that.
  I am for expanding international trade. Who wouldn't be. But let the 
trade be fair. Let us have a level playing field, and let us not 
neglect our responsibility in this Senate to participate meaningfully 
in the formulation and implementation of U.S. trade policy.
  I am not saying the Senate ought to vote on every duty and every 
tariff on every little toothbrush and every little violin string that 
is sent into this country. I am saying there are some big questions 
this Senate ought to be able to speak to and to vote on. At least on 2, 
3, 4, 5, or 6, let's have a vote by this Senate.
  One way we can reassert our constitutional role with respect to 
foreign trade is to create a Congressional Trade Office modeled after 
the Congressional Budget Office.
  My colleagues might recall this was one of the many ideas discussed 
in the report of the U.S. Trade Deficit Review Commission. Senator 
Baucus and I are working on legislation that would give us a trade 
office with the information resources and expertise necessary to permit 
us to properly discharge our oversight responsibilities.
  That is what we need. We need to exercise our oversight 
responsibility. We cannot do it if we gag ourselves, if we cannot 
speak, if we cannot amend. We cannot fulfill our responsibilities under 
the Constitution. We cannot fulfill our responsibilities to the people 
who sent us here.
  Can anyone guess how many trade agreements have been negotiated 
without fast track? The President is running around saying: Oh, I have 
to have this; I have to have this in order to enter into these trade 
agreements. Can anyone guess how many trade agreements have been 
negotiated without fast track since that extraordinary authority was 
first granted to the President in 1974? The answer is in the hundreds. 
We have had fast track on this Senate floor 5 times in the last 27 
years, but in the meantime, hundreds of trade agreements have been 
negotiated, the most recent examples being the U.S.-Jordan agreement 
and the U.S.-Vietnam agreement.
  I think we need an analysis of all the trade agreements concluded 
over the past 27 years. Let us try to determine if the Founding Fathers 
were completely off the mark when they gave Congress authority over 
foreign commerce.
  I believe that any impartial study of this history will demonstrate 
that we can have trade agreements without surrendering our 
constitutional authority over foreign commerce. If negotiation of trade 
agreements is in the interests of other nations, they will be at the 
table. They will be at the table, in my judgment, Congress or no 
Congress. Is there any serious argument to the contrary?
  Let me be clear. I am thinking of a Presidential nominee some years 
ago who said this. For the moment I have forgotten his name. He said 
this: I didn't say that I didn't say it; I said that I didn't say that 
I said it.
  And then he said: Let me be clear. I didn't say that I didn't say it; 
I said that I didn't say that I said it.
  He said then: Let me be clear--after the audience had laughed.
  Let me be clear. I am not suggesting that we noodle away at a 
Presidentially negotiated trade agreement by considering myriad small 
amendments. No, Congress should not focus on the minutiae. There may, 
however, be a small number of big issues in such an agreement that go 
to the root of our constituents' interests. We must have the authority 
to subject those issues to full debate and, if necessary, amendment.
  In closing, I reiterate that we should put our trust in this document 
which I hold in my hand, the Constitution of the United States--not in 
fast track but in the Constitution of the United States and in the 
people for whom it was drafted and ratified: the people of America.
  Let us not give away even one piece of our national birthright, the 
Constitution, without at least demanding hard proof that its tried and 
true principles must be modified.
  Let us preserve our authority as Members of Congress to participate 
fully in the process of concluding international trade agreements. Let 
us not permit the globalization bandwagon to roll over us, to weaken 
our voices, to sap the vigor of our democratic institutions, and to 
blind us to our national interests and the needs of our communities.
  If we cannot uphold this banner--the Constitution of the United 
States which I hold in my hand--if we cannot uphold this banner, the 
banner of our more than 200-year-old constitutional Republic, if we 
cannot play a constructive role in taming the free-trade leviathan, 
then we are unworthy of our esteemed title.
  Mr. President, I yield the floor.

                          ____________________



                   IN RECOGNITION OF RAYMOND BOURQUE

  Mr. KERRY. Mr. President, I would like to take a moment that I know 
my colleague from Massachusetts shares with me to pay special 
recognition and tribute, celebrating the career of one of New England's 
most beloved sports figures, Raymond Bourque, who announced his 
retirement today.
  Over the course of a 22-year career in the National Hockey League, 
this future-certain Hall-of-Famer set a standard for all athletes--
playing with a special kind of determination and grit and, above all, 
class that has been recognized by his fellow players and by sports fans 
all over this country and indeed the world.
  He came to us in Boston from Canada as a teenager to play for our 
beloved Boston Bruins, earning Rookie of the Year honors for that first 
year in 1979 to 1980.
  Many make a large splash with a lot of headlines in the first year, 
but Ray proved, even as he won Rookie of the Year, to be more marathon 
than sprint. Through perseverance and a deep dedication to his craft, 
he played his way into the hearts of sports fans across the region and 
throughout the league.
  For over 20 years, touching literally four different decades for 
those 20 years, he was the foundation on which the Boston Bruins built 
their teams and chased the dream of bringing the Stanley Cup back to 
Boston. Alas, that was not to happen.
  The statistics, however, of his chase speak for themselves: The 
highest scoring defenseman in league history; a 19-time All-Star; a 
five-time Norris Trophy winner as the league's best

[[Page 11866]]

defenseman. But in many ways it was more than goals and assists and 
legendary defense that won him the tremendous admiration of Boston 
fans. It was his performance beyond the game itself.
  December 3, 1987, is a day that remains indelibly imprinted in the 
hearts and minds of Boston sports folklore. It is next to Fisk's homer, 
Havlicek's steal, and Orr's flying goal. That day Bruin Hall-of-Famer 
Phil Esposito's No. 7 was retired and raised to the rafters of the old 
Boston Garden. Ray Bourque also wore No. 7 and most believed he was 
going to continue to wear his number for the remainder of his career.
  That night, Ray touched generations of fans and nonfans by skating 
over to Esposito, removing his No. 7 jersey to reveal a new No. 77 that 
he was to wear for the rest of his illustrious career. He handed the 
No. 7 jersey to a stunned and emotional Esposito and said, ``This is 
yours, big fella. It never should have been mine.''
  The Stanley Cup was the one thing that was missing during his years 
in Boston that continued to elude him and his teammates. In fact, Ray 
had the most games played without winning a Stanley cup--1,825. 
However, that distinction did not diminish him in the eyes of his fans 
or his teammates, the teammates who were proud to call him captain. It 
only made them all want to give him one last opportunity to prevail. 
With that in mind, Boston gave Ray his leave and he set his sights on 
that final goal--to win a Stanley Cup--only this time he set out to do 
it with the Colorado Avalanche.
  Even after Ray left the Bruins in the midst of the 2000 season in 
search of that goal, the Boston fans never left him. His new Colorado 
team immediately recognized his value as a leader and they awarded him 
the moniker of assistant captain upon his arrival. When he finally 
raised the cup over his head in triumph this past season, all of New 
England cheered for him. In fact, in an unprecedented show of support 
for another team's victory, over 15,000 Bourque and Boston fans joined 
in a celebration on Boston's City Hall Plaza when Ray brought home the 
Stanley Cup earlier this month. It belonged to Ray and to Boston for 
those moments as much as to Colorado and the Avalanche.
  Today we learned that Ray Bourque has laced up his skates as a 
professional in competition for the final time. He will retire and come 
home to Massachusetts to be with his wife, Christiane, and their three 
children, Melissa, Christopher, and Ryan. He will watch his eldest son, 
15-year-old Christopher, as he plays hockey at a new school.
  It is both fair and appropriate to say that for all of his children, 
as well as all young children, you could not have a better role model, 
not just in hockey but in life.
  I have been privileged to share a number of charitable events with 
Ray Bourque. He is tireless in his contribution back to the community 
and in the leadership to help to build a better community.
  If Ray's career were only measured in numbers, he would be an 
automatic Hall-of-Famer. But when you take the full measure of the man, 
he has shown to be one of those few athletes who transcends sports. He 
could have played a couple of years more. He could have made millions 
of more dollars. But he chose to go out on top and to return to his 
family. He felt his family had made enough sacrifices for him, and it 
was time for him to be there for them.
  In Massachusetts, and fans everywhere, I think there is a special 
sense of gratitude for his success, for his happiness, and we are 
appreciative of all of his years with the Bruins and proud to have him 
back home in Massachusetts.
  We wish him and his family well.

                          ____________________



            SOUTH DAKOTA NATIONAL PEACE ESSAY CONTEST WINNER

  Mr. DASCHLE. Mr. President, I am honored today to present to my 
colleagues in the Senate an essay by Austin Lammers of Hermosa, SD. 
Austin is a student at St. Thomas More High School and he is the 
National Peace Essay Contest winner for South Dakota.
  I ask unanimous consent that the essay be printed in the Record.
  There being no objection, the essay was ordered to be printed in the 
Record, as follows:

                           Failure in Africa

       Imagine how horrible living in a third world country would 
     be during a giant civil war, and the people that are supposed 
     to help allow death, famine and increased war. Death and war 
     is precisely what has happened in this past decade in the 
     warring countries of Somalia and Rwanda. Outsiders, such as 
     the United Nations, can occasionally help in violent civil 
     outbreaks but they are not consistent and rarely make the 
     situation much better. Third parties should not interfere in 
     civil conflicts unless they are well prepared, respond 
     quickly, and benefit the country they are interfering.
       Drought and famine has been the reason for civil war in 
     Somalia since 1969, but the most recent civil war erupted 
     between rebel and governmental forces in 1991 (Fox 90). The 
     rebel forces seized Mogadishu, the capital of Somalia, and 
     forced President Siad Barre to flee the country (Potter 12). 
     The takeover which destroyed the economy also began a famine 
     for about 4.5 million people who were faced with starvation, 
     malnutrition, and related diseases (Johnston 5). The UN 
     wanted to intervene; but according to the Charter, the UN can 
     only act to stop war between nations, not civil war within a 
     single country (Potter 26). Therefore, in December 1992 UN 
     Secretary General, Butros-Ghali, passed Resolution 794 that 
     permitted the UN to secure Somalia (Potter 27).
       Following Resolution 794 the UN began the United Nations 
     Operation in Somalia (UNOSOM) which monitored the new cease-
     fire between the rebels and the government forces while 
     delivering humanitarian aid (Johnston 28). The cease-fire did 
     not last long, and soon the sides were fighting again, but 
     this time with UN peacekeepers caught in the middle (Benton 
     129). As the fighting grew worse, the UN soon abandoned 
     UNOSOM (Johnston 29). A U.S. led force; the Unified Task 
     Force (UNITAF) to make a safe environment for delivery of 
     humanitarian aid replaced UNOSOM (Benton 133). In May 1993, 
     UNOSOM II replaced UNITAF; but only starvation was relieved, 
     there was still governmental unrest (Benton 136).
       The U.S. decided to leave Somalia when on October 3, 1993, 
     a Somalia rebel group shot down a U.S. helicopter, killing 
     eighteen American soldiers (Fox 19). the U.S. was evacuated 
     by 1994, and by 1995 all UN forces had left (Fox 22).
       After the abandonment by UN in 1995, the new police force 
     created by the UN committed numerous human rights abuses 
     (Potter 17). Also bad weather, pests, and the UN ban on the 
     export of livestock to the U.S. and Saudi Arabia have 
     worsened the economy in Somalia (Johnston 56). The drop in 
     economy has caused lowered employment and increased 
     starvation (Johnston 60).
       The UN should not have intervened in Somalia, but rather 
     let Somalia deal with their own internal problems. While the 
     UN was in Somalia, they made the war bigger and thus causing 
     more starvation. After the UN was removed, the police force 
     abused citizens, and their economy went crashing further down 
     (Potter 30).
       The United Nations should have learned from their mistakes 
     in Somalia, but instead ignored what had happened and tried 
     to help the civil war in Rwanda during 1994. Rwanda's 
     population is approximately 88% Hutu and 11% Tutsi. The two 
     groups have had bad relations since that 15th century when 
     the Hutus were forced to serve the Tutsi lords in return for 
     Tutsi cattle (Brown 50). Since the 15th century, a number of 
     civil disputes have begun between the Hutus and the Tutsis 
     (Brown 51). The latest civil war has resulted in mass 
     genocide (Prunier 38).
       The latest civil war in Rwanda started on April 6, 1994, 
     when the plane carrying Rwandan President Habyarimana and the 
     President of Burundi was shot down near Kigali (Freeman 22). 
     That same day the genocide began, first killing the Prime 
     Minister and her ten bodyguards, then all Tutsi's and 
     political moderates (Freeman 27). This genocide, which has 
     been compared to the Holocaust, lasted from April 6 until the 
     beginning of July (Prunier 57). The Interahamwe militia 
     consisting of radical Hutus, started the genocide killing up 
     to one million Tutsis and political moderates, bragging that 
     in twenty minutes they could kill 1,000 Tutsis (Bronwyn 4). 
     However, militia was not the only faction to lead the 
     genocide. A local Rwandan radio broadcast told ordinary 
     citizens to ``Take your spear, guns, clubs, swords, stones, 
     everything--hack them, those enemies, those cockroaches, 
     those enemies of democracy'' (Bronwyn 13).
       The United Nations was in Rwanda before and during the mass 
     genocide, but did not stop the killings or even send more 
     troops (Benton 67). In 1993, the United Nations Assistance 
     Mission to Rwanda, UNAMIR, oversaw the transition from an 
     overrun government to a multiparty democracy (Benton 74). As 
     the genocide broke out in 1994, the UN began to panic; and on 
     April 21, just days

[[Page 11867]]

     after the genocide started, the UN withdrew all but 270 of 
     the 2,500 soldiers (Freeman 44). When the UN saw the gradual 
     increase of the genocide they agreed to send 5,000 troops, 
     but those troops were never deployed due to UN disagreements 
     (Freeman 45). UNAMIR finally withdrew in March 1996, 
     accomplishing almost nothing (Prunier 145). Jean Paul 
     Biramvu, a survivor of the massacre, commented on the UN help 
     saying, ``We wonder what UNAMIR was doing in Rwanda. They 
     could not even lift a finger to intervene and prevent the 
     deaths of tens of thousands of people who were being killed 
     under their very noses . . . the UN protects no one'' 
     (Freeman 46).
       Again, just as in Somalia, the United Nations failed to 
     bring peace in a civil war. Not only did the UN do almost 
     nothing to stop the genocide, they also knew that there was a 
     plan to start the genocide before it even happened (Bronwyn 
     12). On December 16, 1999, a press conference about the 
     genocide brought to light new information that the United 
     Nations had accurate knowledge of a plan to start a genocide, 
     three months before the killings occurred (Bronwyn 13). The 
     UN had ample time to stop a large-scale slaughter of almost a 
     million innocent people, and did not even send more troops 
     that could have prevented the deaths of thousands of Tutsis 
     (Bronwyn 13). Two reasons for the reluctance to do anything 
     in Rwanda was that Rwanda was not of national interest to any 
     major powers, and since the problems in Somalia, the UN did 
     not want to risk being hurt again (Bronwyn 18). The United 
     Nations work in Rwanda is a pathetic example of how peace 
     missions should work.
       The United Nations and other international communities can 
     intervene and help prevent violent civil conflicts in many 
     ways. The first way to improve intervention is that the 
     International Community needs to keep a consistent stand on 
     how to protect victims in civil disputes. The most important 
     step to take when war is apparent is to protect people's 
     lives.
       Second, the International Community should establish a 
     center that informs them of any early signs of war using 
     human right monitors to decide if conditions might worsen. 
     The genocide in Rwanda would have been prevented if the UN 
     notices early signs of war, and listens to reports of a 
     genocide.
       Third, make better the criminal court for genocide, war 
     crimes, and other human right infractions so the criminals 
     are punished right away with a sentence that fits the crime. 
     Many times people who commit war crimes are not punished, or 
     do not get a harsh enough sentence.
       Fourth, violent methods by the International community may 
     only be used after non-violent methods have failed, and the 
     government is unwilling to help. The UN in Somalia tried to 
     use military force immediately instead of trying to use non-
     military force when war broke out and they were in the middle 
     (Benton 107).
       Fifth, International Communities need to have stand-by 
     troops ready when a war is apparent, and impress on the 
     warring country that if more problems arise, more troops will 
     be sent in to stop the war. The UN did have troops ready in 
     case of war, but when the war did break out in Somalia, they 
     did not send more troops to secure the situation (Fox 28).
       Sixth, every country, no matter how much power or relevence 
     in the world, needs to be helped equally. The United Nations 
     during the Rwandan genocide did not worry about helping the 
     victims because Rwanda did not have much international power 
     in the world such as valuable exports or strong economies. 
     The UN cannot be worried how they will benefit but rather how 
     the country warring will benefit (Bronwyn 18).
       Third parties such as the United Nations are not consistent 
     in their fight to keep peace in civil conflicts, especially 
     conflicts that have been going on for hundreds of years. In 
     some instance, such as Somalia and Rwanda, the UN hurt the 
     people more than they helped by causing death and famine. The 
     International community needs to come together and create new 
     policies that help the countries that they are trying to keep 
     peace instead of hurting them and sending them deeper into 
     war.


                              Works Cited

       Adcock, Bronwyn. The UN & Rwanda: Abandoned to Genocide? 
     Background Briefing, 21 February 1999. 20 December 2000. 
     http://www.abc.net.au/rn/talks/bbing/stories/s19237.htm
       Benton, Barbara. Soldiers For Peace: Fifty Years of United 
     Nations Peacekeeping. New York, NY: Facts on File, 1996.
       Brown, Laurie, et al. Failure in Rwanda. Chicago, IL; John 
     Wiley & Sons, Inc., 1995.
       Fox, Mary V. Enchantment of the World: Somalia. New York, 
     NY: Children's Press, 1996.
       Freeman, Charles. New Perspectives. Crisis in Rwanda. 
     Austin, TX: Raintree Steck-Vaughn, 1999.
       Johnston, Peter. Blue Helmets: A Review of United Nations 
     Peacekeeping. New York, NY: McGraw Hill, 1998.
       Potter, Evan. UN Intervention in Somalia. Toronto, Canada: 
     Prentice Hall, 1996.
       Prunier, Gerard. The Rwanda Crisis: History of a Genocide. 
     New York, NY: Columbia University, 1999.

                          ____________________



              THE REGIONAL IMPORTANCE OF ECUADOR AND PERU

  Mr. GRASSLEY. Mr. President, I rise today to highlight the countries 
of Ecuador and Peru within the context of the Andean Regional 
Initiative, ARI, the FY-2002 follow-on strategy to Plan Colombia. 
Although the ARI encompasses 7 South American counties, I want to focus 
today on these two important United States allies. Our hemispheric 
counterdrug efforts must be viewed within a regional context, or else 
any successes will be short-term and localized, and may produce 
offsetting or even worse conditions than before we started. Narcotics 
producers and smugglers have always been dynamic, mobile, innovative, 
exploitative, and willing to move to areas of less resistance. I am 
concerned that spillover, displacement, or narcotrafficker shifts, from 
any successful operations within Colombia, has the real potential to 
negatively affect Peru and Ecuador. I want the United States actions to 
help--and not hurt--our allies and this important region of our own 
hemisphere.
  The State Department's June 2001 country program fact sheet reports 
that ``Ecuador has become a major staging and transshipment area for 
drugs and precursor chemicals due to its geographical location between 
two major cocaine source countries, Colombia and Peru. In recent 
months, the security situation along Ecuador's northern border--
particularly in the Sucumbios province, where most of Ecuador's oil 
wealth is located--has deteriorated sharply due to increased Colombian 
guerrilla, paramilitary, and criminal violence. The insecurity on 
Ecuador's northern border, if not adequately addressed, could have an 
impact on the country's political and economic climate. Sucumbios has 
long served as a resupply and rest/recreation site for Colombian 
insurgents; and arms and munitions trafficking from Ecuador fuel 
Colombian violence.''
  The Ecuador fact sheet continues ``[n]arcotraffickers exploit 
Ecuador's porous borders, transporting cocaine and heroin through 
Ecuador primarily overland by truck on the Pan-American Highway and 
consolidating the smuggled drugs into larger loads at poorly controlled 
seaports for bulk shipment to the United States and Europe hidden in 
containers of legitimate cargo. Precursor chemicals imported by ship 
into Ecuador are diverted to cocaine-processing laboratories in 
southern Colombia. In addition, the Ecuadorian police and army have 
discovered and destroyed cocaine-refining laboratories on the northern 
border with Colombia. Although large-scale coca cultivation has not yet 
spilled over the border, there are small, scattered plantations of coca 
in northern Ecuador. As a result, Ecuador could become a drug producer, 
in addition to its current role as a major drug transit country, unless 
law enforcement programs are strengthened.'' Finally, the State 
Department concludes that ``Ecuador faces an increasing threat to its 
internal stability due to spillover effects from Colombia at the same 
time that deteriorating economic conditions in Ecuador limit Government 
of Ecuador, GOE, budgetary support for the police.''
  The State Department's March 2001 country program fact sheet reports 
that ``Peru is now the second largest producer of coca leaf and cocaine 
base. Peruvian traffickers transport the cocaine base to Colombia and 
Bolivia where it is converted to cocaine. There is increasing evidence 
of opium poppy cultivation being established under the direction of 
Colombian traffickers.'' The fact sheet continues ``[f]or the fifth 
year in a row, Peruvian coca cultivation declined from an estimated 
115,300 hectares in 1995 to fewer than an estimated 34,200 hectares in 
2000 (a decline of 70 percent since 1995). The continuing [now-
suspended] U.S.-Peruvian interdiction program and manual coca 
eradication were major factors in reducing coca leaf and base 
production.'' In addition, ``[t]hese U.S. Government supported law 
enforcement efforts are complemented by an aggressive U.S.-funded 
effort to establish an alternative development program for coca

[[Page 11868]]

farmers in key coca growing areas to voluntarily reduce and eliminate 
coca cultivation. Alternative development activities, such as technical 
assistance and training on alternative crop production, are provided as 
long as the community maintains the coca eradication schedule. In Peru, 
activities include transport and energy infrastructure, basic social 
services (health, education, potable water, etc.), strengthened civil 
society (local governments and community organizations), environmental 
protection, agricultural production and marketing, and drug demand 
reduction.''
  With respect to Peru, I also encourage the Department of State to 
quickly report to Congress the findings on the tragic shootdown on 
April 20 of this year and the intended future of the air interdiction 
program.
  I encourage my colleagues, and the public, to be sensitive to the 
current delicate conditions and future developments in these countries. 
In addition, while I support the additional United States aid for 
Ecuador and Peru, as requested in the President's FY-2002 budget, for 
both law enforcement and many needed social programs, I remain 
concerned that our current efforts lack coherence or clear-sightedness. 
I will say again that I fervently want the United States actions to 
help--and not hurt--Colombia, Ecuador, and Peru, on this complicated 
and critical regional counterdrug issue. The goal is to make a 
difference--not make things worse or simply rearrange the deck chairs.

                          ____________________



            PENDING FISCAL YEAR 2002 DEFENSE BUDGET REQUEST

  Mr. FEINGOLD. Mr. President, here we go again. Late last week, senior 
Administration officials indicated that the Bush Administration plans 
to submit to Congress, several months late, a budget request for the 
Department of Defense that increases the already bloated fiscal year 
2001 spending level for that department by $18.4 billion.
  I find it interesting that the Administration has yet to provide the 
details of this request to the Congress, to the dismay of both parties, 
but that the dollar amount increase over last year's $310 billion 
appropriation is already being widely reported.
  This is in addition to the $6.5 billion supplemental appropriations 
request that the Senate may consider later this week, most of which is 
for the Department of Defense.
  Where will it end, Mr. President?
  While I commend Secretary Rumsfeld for undertaking a long-overdue 
comprehensive review of our military, I also urge him to consider 
carefully the impact that any proposed defense increases will have on 
the rest of the federal budget.
  We are already feeling the impact left by the $1.35 trillion tax cut 
that this Administration made its number one priority. That tax cut 
virtually ensures that there can be no defense increases without making 
deep cuts in other parts of the budget. And the top priorities of the 
American people, such as saving Social Security and Medicare and 
providing a Medicare prescription drug benefit, will be that much 
harder to accomplish.
  But it appears that the Administration will propose an increase in 
defense spending.
  I fear that this pending request, coupled with the massive tax cut 
that has already been signed into law, will lead us down a slippery 
slope to budget disaster.

                          ____________________



                     A TRIBUTE TO GOLD STAR MOTHERS

  Mr. CAMPBELL. Mr. President, today I take this opportunity to call to 
the attention of our colleagues the national convention of the American 
Gold Star Mothers which began on Sunday, June 24 and concludes 
tomorrow, June 27, 2001, in Knoxville, TN.
  The Gold Star Mothers is an organization made up of American mothers 
who lost a son or daughter while in military service to our country in 
one of the wars. The group was founded shortly after the First World 
War for those special mothers to comfort one another and to help care 
for hospitalized veterans confined in government hospitals far from 
home. It was named after the Gold Star that families hung in their 
windows in honor of a deceased veteran. Gold Star Mothers now has 200 
chapters throughout the United States, and its members continue to 
perpetuate the ideals for which so many of our sons and daughters died.
  Over this past Memorial Day weekend, I participated in the Rolling 
Thunder rally on the National Mall to honor our Nation's veterans and 
remember those missing in action. During that time, I personally met 
some of the Gold Star mothers and was moved by their compassion, their 
commitment and the sacrifices they and their families have made for our 
country.
  I ask my colleagues to join me in recognizing the Gold Star Mothers 
for their many years of dedicated service and congratulating them on 
the occasion of their national convention.

                          ____________________



            OUTSTANDING SCHOOLS HONORED FOR SERVICE LEARNING

  Mr. KENNEDY. Mr. President, I welcome this opportunity to recognize a 
number of schools that are doing an excellent job of encouraging 
community service by their students. The Nation has always relied on 
the dedication and involvement of its citizens to help meet the 
challenges we face. Today, the Corporation for National Service works 
with state commissions, non-profits, schools, and other civic 
organizations to provide opportunities for Americans of all ages to 
serve their communities.
  Learn and Serve America, a program sponsored by the Corporation for 
National Service, supports service-learning programs in schools and 
community organizations that help nearly a million students from 
kindergarten through college meet community needs, while improving 
their academic skills and learning the habits of good citizenship. 
Learn and Serve grants are used to create new programs, replicate 
existing programs, and provide training and development for staff, 
faculty, and volunteers.
  This year the Corporation for National Service has recognized a 
number of outstanding schools across the country as National Service-
Learning Leader Schools for 2001. The program is an initiative under 
Learn and Serve America that recognizes schools for their excellence in 
service-learning. These middle schools and high schools have earned 
their designation as Leader Schools. They serve as models of excellence 
for their exemplary integration of service-learning into the curriculum 
and the life of the school. I am hopeful that the well-deserved 
recognition they are receiving will encourage and increase service-
learning opportunities for students in many other schools across the 
country.
  The 2001 National Service Leader Schools are: Vilonia Middle School, 
Vilonia, AR; Chico High School, Chico, CA; Evergreen Middle School, 
Cottonwood, CA; Telluride Middle School/High School, Telluride, CO; 
Seaford Senior High School, Seaford, DE; Space Coast Middle School, 
Cocoa, FL; P.K. Yonge Developmental Research School, Gainesville, FL; 
Douglas Anderson School of the Arts, Jacksonville, FL; Lakeland High 
School, Lakeland, FL; Dalton High School, Dalton, GA; Sacred Hearts 
Academy, Honolulu, HI; Moanalua Middle School, Honolulu, HI; Unity 
Point School, Carbondale, IL; Jones Academic Magnet High School, 
Chicago, IL; Valparaiso High School, Valparaiso, IN; Ballard Community 
High School, Huxley, IA; Lake Mills Community High School, Lake Mills, 
IA; Glasco Middle School, Glasco, KS; Spring Hill High School, Spring 
Hill, KS; Boyd County High School, Ashland, KY; Garrard Middle School, 
Lancaster, KY; Harry M. Hurst Middle School, Destrehan, LA; Drowne Road 
School, Cumberland, ME; Rockland District High School, Rockland, ME; 
Leavitt Area High School, Turner, ME; Gateway School, Westminster, MD; 
Millbury Memorial High School, Millbury, MA; Garber High School, 
Essexville, MI; Onekama Middle School, Onekama, MI; Tinkham Alternative 
High School, Westland, MI; Moorhead Junior High School, Moorhead, MN; 
Harrisonville Middle School,

[[Page 11869]]

Harrisonville, MO; Pattonville High School, Maryland Heights, MO; 
Middle Township High School, Court House, NJ; Benedictine Academy, 
Elizabeth, NJ; Delsea Regional High School, Franklinville, NJ; Hoboken 
Charter School, Hoboken, NJ; Iselin Middle School, Iselin, NJ; Christa 
McAuliffe Middle School, Jackson, NJ; Notre Dame High School, 
Lawrenceville, NJ; North Arlington Middle School, North Arlington, NJ; 
West Brook Middle School, Paramus, NJ; Ocean County Vocational 
Technical School, Toms River, NJ; The Bosque School, Albuquerque, NM; 
Carl Bergerson Middle School, Albion, NY; Madison Middle School, 
Marshall, NC; Ligon Gifted and Talented Magnet Middle School, Raleigh, 
NC; Fort Hayes Metropolitan Education Center, Columbus, OH; Clark 
Center Alternative School, Marietta, OH; Ripley High School, Ripley, 
OH; Perry Middle School, Worthington, OH; Miami High School, Miami, OK; 
Alcott Middle School, Norman, OK; Yukon High School, Yukon, OK; 
Franklin Delano Roosevelt Middle School, Bristol, PA; Chapin High 
School, Chapin, SC 29036; Summit Parkway Middle School, Columbia, SC; 
Palmetto Middle School, Williamston, SC; Henry County High School, 
Paris, TN; Cesar Chavez Academy, El Paso, TX; Dixie Middle School, St. 
George, UT; New Dominion Alternative School, Manassas, VA; Kamiakin 
Junior High School, Kirkland, WA; Student Link, Vashon, WA.

                          ____________________



                   LOCAL LAW ENFORCEMENT ACT OF 2001

  Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate 
crimes legislation I introduced with Senator Kennedy in March of this 
year. The Local Law Enforcement Act of 2001 would add new categories to 
current hate crimes legislation sending a signal that violence of any 
kind is unacceptable in our society.
  I would like to describe a terrible crime that occurred September 26, 
1992 in Salem, Oregon. A black lesbian and a gay man died after a 
firebomb was thrown into their apartment. Philip Bruce Wilson Jr., 20; 
Sean Robert Edwards, 21; Yolanda Renee Cotton, 19; and Leon L. Tucker, 
22, were charged in connection with the murders.
  I believe that government's first duty is to defend its citizens, to 
defend them against the harms that come out of hate. The Local Law 
Enforcement Enhancement Act of 2001 is now a symbol that can become 
substance. I believe that by passing this legislation, we can change 
hearts and minds as well.

                          ____________________



                         ADDITIONAL STATEMENTS

                                 ______
                                 

                       TRIBUTE TO HUGH L. GRUNDY

 Mr. McCONNELL. Mr. President, I rise today to pay tribute to 
Hugh L. Grundy for his many years of service to the United States. On 
June 30, 2001, Hugh will be honored by the City of Crab Orchard, 
Kentucky, for his dedication to our Nation, and I know my colleagues 
join me in expressing our gratitude for his many contributions.
  Hugh Grundy is a true American hero and has dedicated much of his 
life to the cause of freedom. During World War II, he served as a Major 
in the U.S. Army Air Corps/Air Force. After that, Hugh went on to serve 
concurrently as president of the Civil Air Transport and Air America. 
Secretly owned by the Central Intelligence Agency, CIA, these two air 
transport organizations were staffed by civilians who conducted 
undercover missions in Asia and other parts of the world in support of 
U.S. policy objectives. Often working under dangerous conditions and 
with outdated equipment, CAT and Air America crews transported scores 
of troops and refugees, flew emergency medical missions, and rescued 
downed airmen. Hugh and the brave people he commanded played a vital 
role in the war against Communism and their commitment to freedom will 
never be forgotten.
  Hugh Grundy is a native Kentuckian. Born on his parents' farm in 
Valley Hill, KY, he grew up helping his father raise and show yearling 
saddle horses. While Hugh's love for aviation and his service to our 
Nation caused him to be away from the Commonwealth for many years, he 
returned to the Bluegrass to retire. Hugh and his wife of 58 years, 
Elizabeth, or ``Frankie'' as she is known to her friends, now live on 
their family farm, called Valley Hill Plantation. After many years on 
the go, Hugh and Frankie are very content with the peace and quiet 
associated with farm life.
  Although Hugh Grundy is now retired, his record of dedication and 
service continues. On behalf of this body, I thank him for his 
contributions to this Nation, and sincerely wish him and his family the 
very best.

                          ____________________



                        TRIBUTE TO JOHN P. KELTY

 Mr. SMITH of New Hampshire. Mr. President, I rise today to pay 
tribute to John P. Kelty of Hampton Beach, NH, for his heroic service 
to the United States of America during World War II.
  On July 30, 2001 I will present John with the medals he so bravely 
earned while serving his Nation in battle. John was wounded in action 
while serving in the Marshall Islands where he volunteered to evacuate 
fallen comrades while under machine gun fire. He also participated in 
the battle of POI and NAMUR, Kwajalein Atoll, Marshall Islands.
  John, a former Marine Private First Class, earned medals for his 
dedicated military service including: the American Campaign Medal, 
Asiatic-Pacific Medal with Bronze Stars, an Honorable Service lapel 
button, the Marine Corps Honorable Discharge button, a Purple Heart 
Medal, the Presidential Unit Citation with one Bronze Star and a World 
War II Victory Medal.
  A family friend of John Kelty, John Taddeo, recently contacted my 
Portsmouth, NH office to inquire about obtaining the service medals for 
the former Marine. As the son of a Naval aviator who died in a World 
War II incident, I was proud to assist with this request to provide the 
medals that John so courageously earned.
  I commend John for his selfless dedication to his State and country. 
He is an American hero who fought to preserve liberty and justice for 
all citizens of the United States. It is truly an honor and a privilege 
to represent him in the U.S. Senate.

                          ____________________



                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Ms. Evans, one of his secretaries.

                          ____________________



                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________



                        MESSAGES FROM THE HOUSE

  At 12:38 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 645. An act to reauthorize the Rhinoceros and Tiger 
     Conservation Act of 1994.
       H.R. 1668. An act to authorize the Adams Memorial 
     Foundation to establish a commemorative work on Federal land 
     in the District of Columbia and its environs to honor former 
     President John Adams and his legacy.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 161. Concurrent resolution honoring the 19 
     United States servicemen who died in the terrorist bombing of 
     the Khobar Towers military housing compound in Dhahran, Saudi 
     Arabia, on June 25, 1996.

  The message further announced that the House has passed the following 
bill, without amendment:

       S. 657. An act to authorize funding for the National 4-H 
     Program Centennial Initiative.


                          enrolled bill signed

  The message also announced that the Speaker has signed the following 
enrolled bill:


[[Page 11870]]

       S. 1029. An act to clarify the authority of the Department 
     of Housing and Urban Development with respect to the use of 
     fees during fiscal year 2001 for the manufactured housing 
     program.

  The enrolled bill was signed subsequently by the President pro 
tempore (Mr. Byrd).
                                  ____

  At 2:22 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 2213. An act to respond to the continuing economic 
     crisis adversely affecting American agricultural producers.

                          ____________________



                           MEASURES REFERRED

  The following bills were read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 645. An act to reauthorize the Rhinoceros and Tiger 
     Conservation Act of 1994; to the Committee on Environment and 
     Public Works.
       H.R. 2213. An act to respond to the continuing economic 
     crisis adversely affecting American agricultural producers; 
     to the Committee on Agriculture, Nutrition, and Forestry.

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 161. Concurrent resolution honoring the 19 
     United States servicemen who died in the terrorist bombing of 
     the Khobar Towers Military housing compound in Dhahran Saudi 
     Arabia on June 25, 1996; to the Committee on Armed Services.

                          ____________________



                        ENROLLED BILL PRESENTED

  The Secretary of the Senate reported that on today, June 26, 2001, he 
had presented to the President of the United States the following 
enrolled bill:

       S. 1029. An act to clarify the authority of the Department 
     of Housing and Urban Development with respect to the use of 
     fees during fiscal year 2001 for the manufactured housing 
     program.

     

                          ____________________



              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. SMITH of Oregon (for himself and Mr. Bingaman):
       S. 1098. A bill to amend the Food Stamp Act of 1977 to 
     improve food stamp informational activities in those States 
     with the greatest rate of hunger; to the Committee on 
     Agriculture, Nutrition, and Forestry.
           By Mr. SMITH of Oregon (for himself and Mr. Leahy):
       S. 1099. A bill to increase the criminal penalties for 
     assaulting or threatening Federal judges, their family 
     members, and other public servants, and for other purposes; 
     to the Committee on the Judiciary.
           By Mr. CONRAD (for himself, Mr. Grassley, Mr. Baucus, 
             Mr. Daschle, Mr. Murkowski, Mrs. Lincoln, and Mr. 
             Kerry):
       S. 1100. A bill to amend the Trade Act of 1974 to provide 
     trade adjustment assistance to farmers; to the Committee on 
     Finance.
           By Mr. WARNER (for himself and Mr. Allen):
       S. 1101. A bill to name the engineering and management 
     building at Norfolk Naval Shipyard, Portsmouth, Virginia, 
     after Norman Sisisky; to the Committee on Armed Services.
           By Mr. WELLSTONE:
       S. 1102. A bill to strengthen the rights of workers to 
     associate, organize and strike, and for other purposes; to 
     the Committee on Health, Education, Labor, and Pensions.
           By Mr. ROCKEFELLER (for himself, Mr. Dorgan, and Mr. 
             Burns):
       S. 1103. A bill to amend title 49, United States Code, to 
     enhance competition among and between rail carriers in order 
     to ensure efficient rail service and reasonable rail rates in 
     any case in which there is an absence of effective 
     competition, and for other purposes; to the Committee on 
     Commerce, Science, and Transportation.
           By Mr. GRAHAM (for himself, Mr. Murkowski, Mr. Gramm, 
             Mr. Nickles, Mr. Thompson, Mr. Kyl, Mr. Hagel, Mr. 
             Roberts, and Mr. Chafee):
       S. 1104. A bill to establish objectives for negotiating, 
     and procedures for, implementing certain trade agreements; to 
     the Committee on Finance.
           By Mr. THOMAS (for himself and Mr. Enzi):
       S. 1105. A bill to provide for the expeditious completion 
     of the acquisition of State of Wyoming lands within the 
     boundaries of Grand Teton National Park, and for other 
     purposes; to the Committee on Energy and Natural Resources.
           By Mr. DOMENICI:
       S. 1106. A bill to provide a tax credit for the production 
     of oil or gas from deposits held in trust for, or held with 
     restrictions against alienation by, Indian tribes and Indian 
     individuals; to the Committee on Finance.

                          ____________________



            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mrs. CLINTON (for herself and Mr. Schumer):
       S. Res. 117. A resolution honoring John J. Downing, Brian 
     Fahey, and Harry Ford, who lost their lives in the course of 
     duty as firefighters; to the Committee on the Judiciary.
           By Mr. BOND (for himself, Mrs. Hutchison, Mr. DeWine, 
             and Mr. Lieberman):
       S. Con. Res. 55. A concurrent resolution honoring the 19 
     United States servicemen who died in the terrorist bombing of 
     the Khobar Towers in Saudi Arabia on June 25, 1996; to the 
     Committee on Armed Services.
           By Ms. SNOWE:
       S. Con. Res. 56. A concurrent resolution expressing the 
     sense of Congress that a commemorative postage stamp should 
     be issued by the United States Postal Service honoring the 
     members of the Armed Forces who have been awarded the Purple 
     Heart; to the Committee on Governmental Affairs.

                          ____________________



                         ADDITIONAL COSPONSORS


                                 S. 21

  At the request of Mr. Daschle, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. 21, a bill to 
establish an off-budget lockbox to strengthen Social Security and 
Medicare.


                                 S. 145

  At the request of Mr. Thurmond, the name of the Senator from Nevada 
(Mr. Ensign) was added as a cosponsor of S. 145, a bill to amend title 
10, United States Code, to increase to parity with other surviving 
spouses the basic annuity that is provided under the uniformed services 
Survivor Benefit Plan for surviving spouses who are at least 62 years 
of age, and for other purposes.


                                 S. 180

  At the request of Mr. Frist, the names of the Senator from Iowa (Mr. 
Harkin) and the Senator from Nebraska (Mr. Nelson) were added as 
cosponsors of S. 180, a bill to facilitate famine relief efforts and a 
comprehensive solution to the war in Sudan.


                                 S. 249

  At the request of Mr. Reid, the name of the Senator from Hawaii (Mr. 
Akaka) was added as a cosponsor of S. 249, a bill to amend the Internal 
Revenue Code of 1986 to expand the credit for electricity produced from 
certain renewable resources.


                                 S. 319

  At the request of Mr. McCain, the name of the Senator from New Jersey 
(Mr. Corzine) was added as a cosponsor of S. 319, a bill to amend title 
49, United States Code, to ensure that air carriers meet their 
obligations under the Airline Customer Service Agreement, and provide 
improved passenger service in order to meet public convenience and 
necessity.


                                 S. 543

  At the request of Mr. Leahy, his name was added as a cosponsor of S. 
543, a bill to provide for equal coverage of mental health benefits 
with respect to health insurance coverage unless comparable limitations 
are imposed on medical and surgical benefits.


                                 S. 550

  At the request of Mr. Daschle, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 550, a bill to amend part 
E of title IV of the Social Security Act to provide equitable access 
for foster care and adoption services for Indian children in tribal 
areas.


                                 S. 686

  At the request of Mrs. Lincoln, the name of the Senator from 
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 686, a bill 
to amend the Internal Revenue Code of 1986 to provide a credit against 
tax for energy efficient appliances.


                                 S. 706

  At the request of Mr. Kerry, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 706, a bill 
to amend the Social Security Act to establish programs to alleviate the 
nursing profession shortage, and for other purposes.

[[Page 11871]]




                                 S. 721

  At the request of Mr. Hutchinson, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 721, a bill 
to amend the Public Health Service Act to establish a Nurse Corps and 
recruitment and retention strategies to address the nursing shortage, 
and for other purposes.


                                 S. 731

  At the request of Mr. Nelson of Florida, the name of the Senator from 
Missouri (Mrs. Carnahan) was added as a cosponsor of S. 731, a bill to 
ensure that military personnel do not lose the right to cast votes in 
elections in their domicile as a result of their service away from the 
domicile, to amend the Uniformed and Overseas Citizens Absentee Voting 
Act to extend the voter registration and absentee ballot protections 
for absent uniformed services personnel under such Act to State and 
local elections, and for other purposes.


                                 S. 778

  At the request of Mr. Hagel, the names of the Senator from Louisiana 
(Ms. Landrieu) and the Senator from Connecticut (Mr. Lieberman) were 
added as cosponsors of S. 778, a bill to expand the class of 
beneficiaries who may apply for adjustment of status under section 
245(i) of the Immigration and Nationality Act by extending the deadline 
for classification petition and labor certification filings.


                                 S. 804

  At the request of Mrs. Feinstein, the name of the Senator from 
Washington (Mrs. Murray) was added as a cosponsor of S. 804, a bill to 
amend title 49, United States Code, to require phased increases in the 
fuel efficiency standards applicable to light trucks; to required fuel 
economy standards for automobiles up to 10,000 pounds gross vehicle 
weight; to raise the fuel economy of the Federal fleet of vehicles, and 
for other purposes.


                                 S. 827

  At the request of Mr. Rockefeller, the name of the Senator from 
Michigan (Mr. Levin) was added as a cosponsor of S. 827, a bill to 
amend the Social Security Act to guarantee comprehensive health care 
coverage for all children born after 2001.


                                 S. 836

  At the request of Mr. Craig, the names of the Senator from Indiana 
(Mr. Bayh) and the Senator from Utah (Mr. Bennett) were added as 
cosponsors of S. 836, a bill to amend part C of title XI of the Social 
Security Act to provide for coordination of implementation of 
administrative simplification standards for health care information.


                                 S. 847

  At the request of Mr. Dayton, the names of the Senator from South 
Dakota (Mr. Johnson), the Senator from North Carolina (Mr. Edwards), 
and the Senator from Alabama (Mr. Shelby) were added as cosponsors of 
S. 847, a bill to impose tariff-rate quotas on certain casein and milk 
protein concentrates.


                                 S. 859

  At the request of Mr. Thomas, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 859, a bill to amend the 
Public Health Service Act to establish a mental health community 
education program, and for other purposes.


                                 S. 871

  At the request of Mr. Cleland, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 871, a bill to 
amend chapter 83 of title 5, United States Code, to provide for the 
computation of annuities for air traffic controllers in a similar 
manner as the computation of annuities for law enforcement officers and 
firefighters.


                                 S. 873

  At the request of Mr. Helms, the names of the Senator from Virginia 
(Mr. Allen) and the Senator from Nebraska (Mr. Hagel) were added as 
cosponsors of S. 873, a bill to preserve and protect the free choice of 
individual employees to form, join, or assist labor organizations, or 
to refrain from such activities.


                                 S. 913

  At the request of Ms. Snowe, the names of the Senator from South 
Dakota (Mr. Daschle) and the Senator from Connecticut (Mr. Dodd) were 
added as cosponsors of S. 913, a bill to amend title XVIII of the 
Social Security Act to provide for coverage under the medicare program 
of all oral anticancer drugs.


                                 S. 969

  At the request of Mr. Dodd, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 969, a bill to establish 
a Tick-Borne Disorders Advisory Committee, and for other purposes.


                                 S. 992

  At the request of Mr. Conrad, the name of the Senator from 
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 992, a bill 
to amend the Internal Revenue Code of 1986 to repeal the provision 
taxing policy holder dividends of mutual life insurance companies and 
to repeal the policyholders surplus account provisions.


                                S. 1022

  At the request of Mr. Warner, the name of the Senator from Maryland 
(Mr. Sarbanes) was added as a cosponsor of S. 1022, a bill to amend the 
Internal Revenue Code of 1986 to allow Federal civilian and military 
retirees to pay health insurance premiums on a pretax basis and to 
allow a deduction for TRICARE supplemental premiums.


                                S. 1067

  At the request of Mr. Grassley, the name of the Senator from 
Tennessee (Mr. Frist) was added as a cosponsor of S. 1067, a bill to 
amend the Internal Revenue Code of 1986 to expand the availability of 
Archer medical savings accounts.


                               S. RES. 71

  At the request of Mr. Harkin, the names of the Senator from Delaware 
(Mr. Biden) and the Senator from Washington (Mrs. Murray) were added as 
cosponsors of S. Res. 71, a resolution expressing the sense of the 
Senate regarding the need to preserve six day mail delivery.


                            S. CON. RES. 24

  At the request of Mr. Lieberman, the name of the Senator from Utah 
(Mr. Hatch) was added as a cosponsor of S. Con. Res. 24, a concurrent 
resolution expressing support for a National Reflex Sympathetic 
Dystrophy (RSD) Awareness Month.


                           AMENDMENT NO. 810

  At the request of Mr. Enzi, his name was added as a cosponsor of 
amendment No. 810 proposed to S. 1052, , a bill to amend the Public 
Health Service Act and the Employee Retirement Income Security Act of 
1974 to protect consumers in managed care plans and other health 
coverage.
  At the request of Mr. Bunning, his name was added as a cosponsor of 
amendment No. 810 proposed to S. 1052, supra.

                          ____________________



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SMITH of Oregon (for himself and Mr. Bingaman):
  S. 1098. A bill to amend the Food Stamp Act of 1977 to improve food 
stamp informational activities in those States with the greatest rate 
of hunger; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. SMITH of Oregon. Mr. President, I rise today to introduce the 
State Hunger Assistance in Response to Emergency or SHARE Act of 2001. 
I introduce this bill because it is a tragedy, that in this land of 
plenty, people across America go to bed hungry. It is high time that 
Congress do something to combat this tragedy.
  Over the past few years, my home State of Oregon has seen an 
unprecedented economic boom--as has much of the country. Our silicon 
forest has grown by leaps and bounds; unemployment has dropped, and our 
welfare rolls have been reduced by half. But this prosperity has not 
reached all Oregonians. Oregon has the appalling distinction of having 
the highest rate of hunger in the nation, according to the USDA. That 
means that per capita, more people in Oregon go without meals than in 
any other State. I think that it may surprise some of my colleagues to 
learn that many of their home States suffer from severe hunger problems 
as well.
  Perhaps the most tragic aspect of America's hunger problem is that it

[[Page 11872]]

can be prevented. Federal programs, like Food Stamps and WIC, can help 
families fill the gap between the size of their food bill and the size 
of their paycheck, but too many people don't know that they qualify for 
the help available to them through these programs. This is especially 
true in the rural areas of Oregon, which is also home to most of my 
State's hungry citizens. Help exists for hungry people, and I want to 
make sure every American knows about the resources the Federal 
Government has already made available to them.
  The Food Stamp Act of 1977 authorized the Secretary of Agriculture to 
provide states with up to 50 percent of the costs of informational 
activities related to program outreach; however, because the remaining 
50 percent of the funds for these limited outreach activities must be 
supplied by the State, most States do not participate.
  To ensure that more Oregonians and hungry people across the country 
take advantage of the resources available to them, the SHARE Act will 
provide additional funds to the 10 hungriest states, as named by the 
USDA, to help those in need learn about and sign up for federal food 
assistance programs. The SHARE bill authorizes the Secretary of 
Agriculture to make grants of up to $1 million to these states for 3 
years. States can use these flexible funds for outreach--anything from 
distributing informational flyers at community health clinics to 
funding staff to help people fill out application forms. In addition, 
the bill will allow the Secretary of Agriculture to make grants 
available to States with particularly innovative outreach demonstration 
projects, so that we can find the best ways to combat hunger.
  In a country as blessed with abundance as ours, no family should go 
hungry simply because they lack the information they need to get help. 
When passed, the SHARE Act will give Oregon and other states an 
opportunity to devise new and innovative programs that will allow the 
needy in our states to get the help they so desperately need. The idea 
behind this legislation is not very complicated--I simply want to make 
people aware of the food assistance already available to them--but I 
believe that this bill is as important as any we will consider in the 
Senate this year. With the help of my colleagues, we can stem the tide 
of this very preventable tragedy.
  Mr. BINGAMAN. Mr. President, extreme forms of hunger in American 
households have virtually been eliminated, in part due to the Nation's 
nutrition-assistance safety net. Less severe forms of food insecurity 
and hunger, however, are still found within the United States and 
remain a cause for concern. The Food Stamp Program provides benefits to 
low-income people to assist with their purchase of foods that will 
enhance their nutritional status. Food stamp recipients spend their 
benefits, in the form of paper coupons or electronic benefits on debit 
cards, to buy eligible food in authorized retail food stores. Food 
stamp recipients, or those eligible for food stamps, cross the life 
cycle. They include individuals of all ages, races and ethnicity in 
both urban and rural settings.
  As a result of the National Nutrition Monitoring and Related Research 
Act of 1990, the nutritional state of the American people has been 
closely monitored at State and local levels. We know that food 
insecurity is a complex, multidimensional phenomenon which varies 
through a continuum of successive stages as the condition becomes more 
severe. As the stage of food insecurity and hunger progresses, the 
number of affected individuals decreases. It is important for us to 
identify the stages of food insecurity and hunger as early as possible 
and, thus, continue to avoid the more severe stages of hunger. This 
means that we will need to focus on a much larger population base with 
a less dramatic stage of the condition which may be more difficult to 
identify. Fortunately, current tools to document the extent of food 
insecurity and hunger caused by income limitations are sensitive and 
reliable.
  We must continue developing tools to document the extent of poor 
nutrition attributable to factors other than income limitations, like 
inadequate consumption of fruits and vegetables and overconsumption of 
sugar, fat, and empty calories. In the meantime, The State Hunger 
Assistance in Response to Emergency Act of 2001 (SHARE) would take 
information which is already being collected by the Department of 
Agriculture and allow the 10 States with the greatest rate of hunger to 
access funds to perform enhanced outreach activities for the food stamp 
program.
  The goal of the food stamp nutrition education program is to provide 
educational programs that increase the likelihood of all food stamp 
recipients making healthy food choices consistent with the most recent 
dietary advice. States are encouraged to provide nutrition education 
messages that focus on strengthening and reinforcing the link between 
food security and a healthy diet. Currently USDA matches the dollars a 
State is able to spend on its Food Stamp nutrition education program. 
This nutrition education plan is optional but participation has 
increased from five State plans in 1992 to 48 State plans in FY 2000.
  This bill expands the allowable outreach activities for the States 
with the worst statistics and would allow up to $1 million per State 
with 0 percent match requirement. In exchange for this unmatched money, 
the State must submit a report that measures the outcomes of food stamp 
informational activities carried out by the State over the 3 years of 
the grant. In addition, up to five States with innovative proposals for 
food stamp outreach could be selected by the Secretary of Agriculture 
for a demonstration project to receive the same amount of money over 3 
years.
  I have always been proud to represent my home State of New Mexico in 
the United States Senate. Unfortunately New Mexico has one of the worst 
hunger statistics in the nation. I think it is my duty to advocate for 
the New Mexicans that I represent as well as all Americans who are at 
risk for experiencing hunger, including those from Oregon, Texas, 
Arkansas and Washington who share similar statistics.
                                 ______
                                 
      By Mr. SMITH of Oregon (for himself and Mr. Leahy):
  S. 1099. A bill to increase the criminal penalties for assaulting or 
threatening Federal judges, their family members, and other public 
servants, and for other purposes; to the Committee on the Judiciary.
  Mr. SMITH of Oregon. Mr. President, one of the important tasks we 
have in Congress is to ensure that our laws effectively deter violence 
and provide protection to those whose careers are dedicated to 
protecting our families and also our communities.
  With this in mind, today I rise to reintroduce the Federal Judiciary 
Protection Act with my esteemed colleague, Senator Leahy. This bill 
will provide greater protection to Federal law enforcement officials 
and their families. Under current law, a person who assaults, attempts 
to assault, or who threatens to kidnap or murder a member of the 
immediate family of a U.S. official, a U.S. judge, or a Federal law 
enforcement official, is subject to a punishment of a fine or 
imprisonment of up to 5 years, or both. This legislation seeks to 
expand these penalties in instances of assault with a weapon and a 
prior criminal history. In such cases, an individual could face up to 
20 years in prison.
  This legislation would also strengthen the penalties for individuals 
who communicate threats through the mail. Currently, individuals who 
knowingly use the U.S. Postal Service to deliver any communication 
containing any threat are subject to a fine of up to $1,000 or 
imprisonment of up to 5 years. Under this legislation, anyone who 
communicates a threat could face imprisonment of up to 10 years.
  Briefly, I would like to share several examples illustrating the need 
for this legislation. In my State of Oregon, Chief Judge Michael Hogan 
and his family were subjected to frightening, threatening phone calls, 
letters, and messages from an individual who had been convicted of 
previous crimes in Judge Hogan's courtroom. For months, he and his 
family lived with the fear

[[Page 11873]]

that these threats to the lives of his wife and children could become 
reality, and, equally disturbing, that the individual could be back out 
on the street again in a matter of a few months, or a few years.
  Judge Hogan and his family are not alone. In 1995, Mr. Melvin Lee 
Davis threatened two judges in Oregon, one judge in Nevada, and the 
Clerk of the Court in Oregon. The threat was carried out to the point 
that the front door of the residence of a Mr. John Cooney was shot up 
in a drive-by shooting. Unfortunately for Mr. Cooney, he had the same 
name as one of the Oregon judges who was threatened.
  In September 1996, Lawrence County Judge Dominick Motto was stalked, 
harassed, and subjected to terrorist threats by Milton C. Reiguert, who 
was upset by a verdict in a case that Judge Motto had heard in his 
courtroom. After hearing the verdict, Reiguert stated his intention to 
``point a rifle at his head and get what he wanted.''
  These are just several examples of vicious acts focused at our 
Federal law enforcement officials. As a member of the legislative 
branch, I believe it is our responsibility to provide adequate 
protection to all Americans who serve to protect the life and liberty 
of every citizen in this Nation. I encourage my colleagues to join us 
in sponsoring this important legislation.
  Mr. LEAHY. Mr. President, I am pleased to join my friend from Oregon 
to introduce the Federal Judiciary Protection Act. In the last two 
Congresses, I was pleased to cosponsor nearly identical legislation 
introduced by Senator Gordon Smith, which unanimously passed the Senate 
Judiciary Committee and the Senate, but was not acted upon by the House 
of Representatives. I commend the Senator from Oregon for his continued 
leadership in protecting public servants in our Federal Government.
  Our bipartisan legislation would provide greater protection to 
Federal judges, law enforcement officers, and United States officials 
and their families. United States officials, under our bill, include 
the President, Vice President, Cabinet Secretaries, and Members of 
Congress.
  Specifically, our legislation would: increase the maximum prison term 
for forcible assaults, resistance, opposition, intimidation or 
interference with a Federal judge, law enforcement officer or United 
States official from 3 years imprisonment to 8 years; increase the 
maximum prison term for use of a deadly weapon or infliction of bodily 
injury against a Federal judge, law enforcement officer or United 
States official from 10 years imprisonment to 20 years; and increase 
the maximum prison term for threatening murder or kidnaping of a member 
of the immediate family of a Federal judge or law enforcement officer 
from 5 years imprisonment to 10 years. It has the support of the 
Department of Justice, the United States Judicial Conference, the 
United States Sentencing Commission and the United States Marshal 
Service.



  It is most troubling that the greatest democracy in the world needs 
this legislation to protect the hard working men and women who serve in 
our Federal Government. Just last week, I was saddened to read about 
death threats against my colleague from Vermont after his act of 
conscience in declaring himself an Independent. Senator Jeffords 
received multiple threats against his life, which forced around-the-
clock police protection. These unfortunate threats made a difficult 
time even more difficult for Senator Jeffords and his family.
  We are seeing more violence and threats of violence against officials 
of our Federal Government. For example, a courtroom in Urbana, Illinois 
was firebombed recently, apparently by a disgruntled litigant. This 
follows the horrible tragedy of the bombing of the federal office 
building in Oklahoma City in 1995. In my home state during the summer 
of 1997, a Vermont border patrol officer, John Pfeiffer, was seriously 
wounded by Carl Drega, during a shootout with Vermont and New Hampshire 
law enforcement officers in which Drega lost his life. Earlier that 
day, Drega shot and killed two state troopers and a local judge in New 
Hampshire. Apparently, Drega was bent on settling a grudge against the 
judge who had ruled against him in a land dispute.
  I had a chance to visit John Pfeiffer in the hospital and met his 
wife and young daughter. Thankfully, Agent Pfeiffer has returned to 
work along the Vermont border. As a Federal law enforcement officer, 
Agent Pfeiffer and his family will receive greater protection under our 
bill.
  There is, of course, no excuse or justification for someone taking 
the law into their own hands and attacking or threatening a judge, law 
enforcement officer or U.S. official. Still, the U.S. Marshal Service 
is concerned with more and more threats of harm to our judges, law 
enforcement officers and Federal officials.
  The extreme rhetoric that some have used in the past to attack the 
judiciary only feeds into this hysteria. For example, one of the 
Republican leaders in the House of Representatives was quoted as 
saying: ``The judges need to be intimidated,'' and if they do not 
behave, ``we're going to go after them in a big way.'' I know that this 
official did not intend to encourage violence against any Federal 
official, but this extreme rhetoric only serves to degrade Federal 
judges in the eyes of the public.
  Let none of us in the Congress contribute to the atmosphere of hate 
and violence. Let us treat the judicial branch and those who serve 
within it with the respect that is essential to preserving its public 
standing.
  We have the greatest judicial system in the world, the envy of people 
around the globe who are struggling for freedom. It is the independence 
of our third, co-equal branch of government that gives it the ability 
to act fairly and impartially. It is our judiciary that has for so long 
protected our fundamental rights and freedoms and served as a necessary 
check on overreaching by the other two branches, those more susceptible 
to the gusts of the political winds of the moment.
  We are fortunate to have dedicated women and men throughout the 
Federal Judiciary and Federal Government in this country who do a 
tremendous job under difficult circumstances. They are examples of the 
hard-working public servants that make up the Federal Government, who 
are too often maligned and unfairly disparaged. It is unfortunate that 
it takes acts or threats of violence to put a human face on the Federal 
Judiciary, law enforcement officers or U.S. officials, to remind 
everyone that these are people with children and parents and cousins 
and friends. They deserve our respect and our protection.
  I thank Senator Smith for his leadership on protecting our Federal 
judiciary and other public servants in our Federal Government. I urge 
my colleagues to support the Federal Judiciary Protection Act.
                                 ______
                                 
      By Mr. WARNER (for himself and Mr. Allen):
  S. 1101. A bill to name the engineering and management building at 
Norfolk Naval Shipyard, Portsmouth, Virginia, after Norman Sisisky; to 
the Committee on Armed Services.
  Mr. WARNER. Mr. President, I rise today to introduce a bill that will 
redesignate Building 1500 at the Norfolk Naval Shipyard, Portsmouth, 
Virginia, as the Norman Sisisky Engineering and Management Building. I 
am joined by my Virginia Senate colleague, George Allen.
  As a Navy veteran of World War II, Congressman Sisisky was proud to 
be a part of one of the most extraordinary chapters in American 
history, when America was totally united at home in support of our 16 
million men and women in uniform on battlefields in Europe and on the 
high seas in the Pacific, all, at home and abroad, fighting to preserve 
freedom.
  During our 18 years serving together, Congressman Sisisky's goal, our 
goal, was to provide for the men and women in uniform and their 
families.
  The last 50 years have proven time and again that one of America's 
greatest investments was the G.I. Bill of Rights, originated during 
World War II, which enabled service men and women

[[Page 11874]]

to gain an education such that they could rebuild America's economy. 
The G.I. Bill was but one of the many benefits that Congressman Sisisky 
fought for and made a reality for today's soldiers, sailors, airmen, 
and Marines.
  His strength in public life was supported by his wonderful family; 
his lovely wife Rhoda and four accomplished children. They were always 
by his side offering their love, support, and counsel.
  He worked tirelessly throughout Virginia's 4th District, however, 
there was always a special bond to the military installations under his 
charge. As a former sailor, the Norfolk Naval Shipyard was high among 
his priorities. He knew the workers by name and the monthly workload in 
the yard. In consultation with his family and delegation members, we 
chose this building at the shipyard as a most appropriate memorial to 
our friend and colleague.
  I waited until the special election was concluded so the entire 
Virginia delegation could join together on this legislation.
  Norman Sisisky was always a leader for the delegation on matters of 
national security. We are honored to join in this bi-partisan effort to 
remember Congressman Norman Sisisky and his life's work; ensuring the 
nation's security and the welfare of the men and women in uniform and 
their families.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1101

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. DESIGNATION OF ENGINEERING AND MANAGEMENT 
                   BUILDING AT NORFOLK NAVAL SHIPYARD, VIRGINIA, 
                   AFTER NORMAN SISISKY.

       The engineering and management building (also known as 
     Building 1500) at Norfolk Naval Shipyard, Portsmouth, 
     Virginia, shall be known as the Norman Sisisky Engineering 
     and Management Building. Any reference to that building in 
     any law, regulation, map, document, record, or other paper of 
     the United States shall be considered to be a reference to 
     the Norman Sisisky Engineering and Management Building.
                                 ______
                                 
      By Mr. CONRAD (for himself, Mr. Grassley, Mr. Baucus, Mr. 
        Daschle, Mr. Murkowski, Mrs. Lincoln, and Mr. Kerry):
  S. 1100. A bill to amend the Trade Act of 1974 to provide trade 
adjustment assistance to farmers; to the Committee on Finance.
  Mr. CONRAD. Mr. President, today I am introducing legislation to 
bring fairness to farmers in an important element of our trade policy. 
I am very pleased to be joined in this effort by the ranking member of 
the Finance Committee, Senator Grassley, who has been a true champion 
of this effort over the past several years.
  The legislation we are introducing today would amend the Trade Act of 
1974 to make farmers eligible for Trade Adjustment Assistance, TAA, so 
that they can get assistance similar to that provided to workers in 
other industries who suffer economic injury as a result of increased 
imports.
  When imports cause layoffs in manufacturing industries, workers 
become eligible for TAA. Under TAA, a portion of the income these 
workers lose is restored to them in the form of extended unemployment 
insurance benefits while they adjust to import competition and seek 
other employment. When imports of agricultural commodities increase, 
though, farmers do not lose their jobs. Instead, the increased imports 
drive down the prices farmers receive for the crops they have grown. 
This drop in prices can have an impact that is every bit as devastating 
to the income of a family farmer as a layoff is to a manufacturing 
worker. In fact, it can be even more devastating. In many cases, the 
check that farmers get for all the hard work of growing crops or 
livestock for the year may not only leave the farmer with no net 
income, it may not even cover all the input costs associated with 
producing the commodity, leaving the farmer with thousands of dollars 
in losses. But, because job loss is a requirement for getting cash 
assistance under TAA, farmers generally don't get benefits from TAA 
when imports cause their income to plummet.
  Trade is very important to our overall economy, and trade is 
especially important to our agricultural economy. For example, we 
export over half the wheat grown in the United States. That is why, 
historically, agriculture has been among the leading supporters of 
trade liberalization. However, today many farmers believe their incomes 
are hurt by free trade, and they have nowhere to turn for assistance 
when this happens.
  Trade Adjustment Assistance for Farmers can not only provide badly 
needed cash assistance to the devastated agricultural economy, it can 
re-ignite support for trade among many family farmers. By giving 
farmers some protection against precipitous income losses from imports, 
this legislation will strengthen support for trade agreements.
  The Conrad-Grassley TAA for Farmers Act would assist farmers who lose 
income because of imports. Farmers would get a payment to compensate 
them for some, but not all, of the income they lose if increased 
imports affect commodity prices.
  The eligibility criteria are designed to be analogous to those that 
apply currently to manufacturing workers. First, just as the Secretary 
of Labor now decides whether there has been economic injury to workers 
in a given manufacturing firm by determining whether production has 
declined and significant layoffs have occurred, the Secretary of 
Agriculture would decide whether there has been economic injury to 
producers of a commodity by determining if the price of the commodity 
had dropped more than 20 percent compared to the average price in the 
previous five years. Second, just as the Secretary of Labor determines 
whether imports ``contributed importantly'' to the layoffs, the 
Secretary of Agriculture would determine whether imports ``contributed 
importantly'' to the commodity price drop.
  In order to be eligible for benefits under this program, individual 
farmers would have to demonstrate that their net farm income had 
declined from the previous year, and farmers would need to meet with 
the USDA's extension service to plan how to adjust to the import 
competition. This adjustment could take the form of improving the 
efficiency of the operation or switching to different crops.
  Farmers who are eligible for benefits under the program would receive 
a cash assistance payment equal to half the difference between the 
national average price for the year (as determined by USDA) and 80 
percent of the average price in the previous 5 years (the price trigger 
level), multiplied by the number of units the farmer had produced, up 
to a maximum of $10,000 per year.
  In most years, the program would have a modest cost, as few 
commodities, if any, would be eligible. But in a year when surging 
imports cause prices to drop precipitously, this program would offer a 
cash lifeline to give farmers the opportunity to adjust to this import 
competition. This legislation sends a strong signal to farmers that 
they will not be left behind in our trade policy, that agriculture must 
be a priority.
  We need to be sure that we don't leave American farmers behind. I 
hope my colleagues will join me in supporting American family farmers 
as they compete in the global market place.
                                 ______
                                 
      By Mr. WELLSTONE:
  S. 1102. A bill to strengthen the rights of workers to associate, 
organize and strike, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. WELLSTONE. Mr. President, I rise today to introduce legislation 
to strengthen the basic rights of workers to organize and to join a 
union. This legislation, the ``Right-to-Organize Act of 2001,'' 
addresses shortcomings in the National Labor Relations Act, NLRA, that, 
over the years, have eroded the framework of worker empowerment the 
NLRA was designed to ensure.
  The NLRA, also known as the Wagner Act, was enacted to ``protect the 
exercise by workers of full freedom of association, self-organization 
and designation of representatives of their

[[Page 11875]]

own choosing for purpose of negotiating the terms and conditions of 
their employment or other mutual aid or protection.'' Its proponents 
envisioned that the commerce of the Nation would be aided by workplaces 
that respected and empowered workers' voices about the terms and 
conditions of their own employment. Its proponents envisioned that 
supporting workers' right to organize would help lay the basic platform 
for healthy economies, healthy communities, and healthy families.
  Grounded in lofty notions of ``full freedom of association'' and 
``actual liberty of contract,'' the promise of the NLRA was a 
fundamentally democratic one: participatory processes as a way to 
guarantee basic protections and to give those affected a role in 
decision-making about issues of paramount concern to them.
  That was the promise of the NLRA. Unfortunately, today that promise 
is far from being realized. Indeed, today the democratic foundation we 
have attempted to erect for our workplaces is crumbling beyond 
recognition.
  Today, instead of celebrating the participatory voice of workers, we 
are faced with the stark reality that in all too many cases, workers 
who do participate, workers who choose to organize, workers who choose 
to voice their concerns about the terms and conditions of their 
workplace live in fear. They live in fear of being harassed, of losing 
wages and benefits, of being put on leave without pay, and ultimately 
fear of losing their jobs. In a country that celebrates democracy and 
freedom, the land of the free, it is unconscionable that hard working 
men and women can be placed in fear of losing their livelihood because 
they choose to exercise their legal rights to associate for the 
purposes of bargaining collectively and participating in decision-
making about their own workplaces.
  Today, as one organizer told me, all too many times you have to be a 
hero when you try to organize your own workplace. That's true. The men 
and women who do this--who step up to take some ownership for what's 
going on in their own workplaces--are doing heroic work. But that 
shouldn't have to be the case. That wasn't the promise of democracy and 
participation--of the associational and liberty of contract values this 
Nation endorsed in the National Labor Relations Act.
  It's urgent that we take action here. Estimates are that 10,000 
working Americans lose their jobs illegally every year just for 
supporting union organizing campaigns. The 1994 Dunlop Commission found 
that one in four employers illegally fired union activists during 
organizing campaigns. Estimates are that one out of 10 activists is 
fired.
  This is unacceptable. This is truly one of the most urgent civil 
rights and human rights issues of the new millennium. Working Americans 
are harassed, threatened and fired simply for seeking to have a voice 
and be represented in their workplace. According to the Dunlop 
Commission, the United States is the only major democratic country in 
which the choice of whether workers are to be represented by a union is 
subject to such confrontational processes.
  As Chair of the Employment, Safety, and Training Subcommittee with 
jurisdiction over the National Labor Relations Act, NLRA, I am 
introducing the ``Right-to-Organize Act of 2001'' to shore up the 
crumbling foundation of democracy in the workplace that the NLRA was 
intended to promote. The Act will target some of the most serious 
abuses of labor law that unfortunately have become all too common in 
recent years.
  First, employers routinely monopolize the debates leading up to 
certification elections. They distribute written materials in 
opposition to collective bargaining. They require workers to attend 
meetings where they present their anti-union views. They talk to 
employees one-on-one about the dire consequences of unionization, such 
as the possibility that the individual employee or all employees could 
lose their jobs. All too often, at the same time that this flagrant 
coercion, intimidation, and interference is taking place often on a 
daily basis--union organizers are barred from work sites and even 
public areas.
  Second, as noted above, employers too frequently are firing employees 
and engaging in other unfair labor practices to discourage union 
organizing and union representation. They are doing this sometimes with 
near impunity because today's laws simply are not strong enough to 
discourage them from doing so. As the report, Unfair Advantage noted 
just last year, employers intent on frustrating workers' efforts to 
organize can, and do, drag out legal proceedings for years, at the end 
of which they receive a slap on the wrist in the form of back pay to 
the worker illegally fired and a requirement that they post a written 
notice promising not to repeat their illegal behavior. ``Many 
employers,'' according to this report `` have come to view remedies, 
like back pay for workers fired because of union activity as a routine 
cost of doing business, well worth it to get rid of organizing leaders 
and derail workers' organizing efforts.'' We need to put teeth into our 
ability to enforce the legal rights that are already on the books.
  Third, as part of efforts to discourage organizing, employers are 
able today to drag out election campaigns, giving themselves more time 
in some cases to harass workers through methods such as those I have 
described. Their hope may be that the climate of fear and intimidation 
will encourage workers to vote against the union seeking certification. 
While just across our border in Canada, elections take place on average 
within a week of the filing of a petition, here in the United States, 
it takes on average 80 days between petition and certification. That is 
an enormous amount of time for workers to live in fear of casting a 
vote to help empower their voice in the workplace.
  Finally, there is a growing problem of employers refusing to bargain 
with their employees even after a union has been duly certified. 
Achieving so-called ``first contracts'' can often be as harrowing as 
the organizing effort itself.
  I want to be clear. Most employers do not take advantage of their 
workers in this way. Indeed, in tens of thousands of workplaces across 
the country, employers are working together with employees and their 
unions, to create safe, healthy, productive, and rewarding work 
environments. I applaud the efforts these employers and workers are 
making.
  Unfortunately, however, this is not universally the case. All too 
frequently employers are disempowering workers and undermining their 
rights to organize, join, and belong to a union. That is why, that I 
say this is one of the most urgent civil and human rights issues of the 
new millennium. Civil rights and human rights is fundamentally about 
protecting the dignity and well-being of the less empowered against 
excesses of the more powerful. Nothing could be more important to 
protecting workers' rights to advocate for themselves and their 
families than securing a meaningful right to organize.
  The Right-to-Organize Act of 2001 is a first step in tackling some of 
the most serious barriers to workers' ability to unionize. In 
particular, the Act would do the following:
  First, it would amend the National Labor Relations Act to provide 
equal time to labor organizations to provide information about union 
representation. Under this proposal the employer would trigger the 
equal time provision by expressing opinions on union representation 
during work hours or at the work site. Once the triggering actions 
occur, then the union would be entitled to equal time to use the same 
media used by the employer to distribute information and be allowed 
access to the work site to communicate with employees.
  Second, it would toughen penalties for wrongful discharge violations. 
In particular, it would require the National Labor Relations Board to 
award back pay equal to 3 times the employee's wages when the Board 
finds that an employee is discharged as a result of an unfair labor 
practice. It also would allow employees to file civil actions to 
recover punitive damages when they have been discharged as a result of 
an unfair labor practice.

[[Page 11876]]

  Third, it would require expedited elections in cases where a super 
majority of workers have signed union recognition cards designating a 
union as the employee's labor organizations. In particular, it would 
require elections within 14 days after receipt of signed union 
recognition cards from 60 percent of the employees.
  Fourth, the bill would put in place mediation and arbitration 
procedures to help employers and employees reach mutually agreeable 
first-contract collective bargaining agreements. It would require 
mediation if the parties cannot reach agreement on their own after 60 
days. Should the parties not reach agreement 30 days after a mediator 
is selected, then either party could call in the Federal Mediation and 
Conciliation Service for binding arbitration. In this way both parties 
would have incentives to reach genuine agreement without allowing 
either side to hold the other hostage indefinitely to unrealistic 
proposals.
  The need for these reforms is urgent, not only for workers who seek 
to join together and bargain collectively, but for all Americans. 
Indeed, one of the most important things we can do to raise the 
standard of living and quality of life for working Americans, raise 
wages and benefits, improve health and safety in the workplace, and 
give average Americans more control over their lives is to enforce 
their right to organize, join, and belong to a union.
  When workers join together to fight for job security, for dignity, 
for economic justice and for a fair share of America's prosperity, it 
is not a struggle merely for their own benefit. The gains of unionized 
workers on basic bread-and-butter issues are key to the economic 
security of all working families. Upholding the right to organize is a 
way to advance important social objectives, higher wages, better 
benefits, more pension coverage, more worker training, more health 
insurance coverage, and safer work places, for all Americans without 
drawing on any additional government resources.
  The right to organize is one of the most important civil and human 
rights causes of the new millennium. I urge my colleagues to join me in 
helping to restore that right to its proper place.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Dorgan, and Mr. Burns):
  S. 1103. A bill to amend title 49, United States Code, to enhance 
competition among and between rail carriers in order to ensure 
efficient rail service and reasonable rail rates in any case in which 
there is an absence of effective competition, and for other purposes; 
to the Committee on Commerce Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I am happy today to join with my 
colleagues Senator Dorgan and Senator Burns, in introducing the Rail 
Competition Act of 2001. Very simply, the purpose of this legislation 
is to encourage a bare minimum of competitive practices among 
participants in the freight rail industry, which has undergone 
unprecedented concentration in recent years, to the detriment of 
virtually all rail customers.
  This legislation is a renewed effort on the part of my colleagues and 
me to address an issue that has amazed and shocked us for years. The 
monopoly power of the railroads places pervasive burdens on so many 
industries important to our states and to the national economy. No 
other industry in this country wields as much power over its customers 
as the railroad industry, and no other industry has as close an ally in 
the agency charged with its oversight as the railroad industry has with 
the Surface Transportation Board, known by the abbreviation STB. In 
fact, no other formerly regulated industry in this country continues to 
maintain this level of market dominance over its customers and 
essential infrastructure.
  Shippers of bulk commodities, like coal from mines in West Virginia 
and grain from the Plains states, must routinely deal with shipments 
that move more slowly, and at rates much higher than would normally be 
charged in a truly competitive market. Every company that ships its 
product by rail has a trove of horror stories regarding how high prices 
and poor service attributable to the lack of meaningful competition in 
the freight rail industry has affected their ability to compete in 
their own industries. I know this because these companies have been 
telling me the same types of stories since I came to Congress.
  I know that other members of Congress have heard the stories, too. As 
many of my colleagues will remember, the point was driven home last 
year when more than 280 CEOs from companies covering the broadest 
possible spectrum of the American economy wrote to Senators McCain and 
Hollings asking them to do something to insert real competition in the 
freight rail industry. For the record, the STB has also heard the 
complaints. However, the Board's focus has been the railroads' still-
weak financial health, rather than the continued service problems that 
are its root cause.
  I want to give my colleagues an example from an industry that is very 
important to my State and the rest of the Nation, the chemical 
industry. Throughout the country, approximately 80 percent of 
individual chemical operations are ``captive'' to one railroad, meaning 
they are served by only one railroad, and are subject to whatever 
pricing scheme the railroad chooses to use. In my home State of West 
Virginia, where the chemical industry is one of the pillars of the 
State's economy, 100 percent of chemical plants are captive. Some might 
be tempted to just write this off as the cost of doing business, but 
let me impart another view: These plants produce bulk chemicals that 
other companies buy and turn into countless products in use in every 
home and business in America.
  Make no mistake, while the immediate beneficiary of this legislation 
will be the Rail Shipper who will have the opportunity to operate with 
the confidence that they are getting a fair deal the true beneficiary 
of this legislation is the retail shopper. Every purchase of every 
product that began its life in a chemical plant will be cheaper when 
that chemical plant receives competitive rail service because of this 
bill. Every ingredient in your families' dinners will go down in price 
when the shippers of agricultural commodities see their costs go down 
because this bill has produced efficiencies that benefit both shipper 
and railroad. Every time you flip the switch, and the lights turn on at 
a lower kilowatt-per-hour rate, it will happen because utilities 
throughout the nation have a more reliable and inexpensive supply of 
coal because of the Railroad Competition Act of 2001.
  Congress deregulated the railroad industry with the passage of the 
Staggers Rail Act in 1980. Many of the predicted results of 
deregulation came to pass in relatively short order. The major freight 
railroads, which were in pretty bad financial shape at the end of the 
1970's, put their fiscal houses in order. In the course of these 
improvements, some weaker railroads were swallowed up by stronger 
corporations. Our Nation's rail network, which was extensive but 
inefficient in some respects, became more streamlined. Unfortunately, 
some of the benefits of competition that Congress was led to expect 
most notably improved service at lower cost have simply not 
materialized for many shippers in several parts of the country.
  Indeed, rather than improving over time, the situation has grown 
steadily worse. The second half of the 1990's saw an unprecedented 
spate of railroad mergers, to the point now that the more than 50 Class 
I railroads in existence when I entered the United States Senate has 
dwindled to only six with four railroads carrying a staggeringly high 
percentage of the freight.
  STB has considered these mergers to be ``in the public interest,'' 
and I will not dispute the possibility that some of them may have been. 
I tend to believe that the notion that fueled many of the mergers was 
that somehow financially weak corporations with poor track records of 
service could be transformed overnight into efficient, businesslike 
railroads providing good service at lower costs. Meanwhile, rail 
shippers had to contend with newly merged railroads with monopoly power 
that did

[[Page 11877]]

not seem to care any more about customer service than the separate 
companies that preceded them.
  Before I complete my remarks, I want to address what I predict will 
be some of the rhetoric bandied about by the railroad industry. This 
bill is not an attempt to re-regulate the industry. When Congress 
passed the Staggers Rail Act in 1980, it did not do so with only the 
financial health of the railroads in mind. The Interstate Commerce 
Commission, and its successor agency, the STB, were supposed to 
maintain competition in the rail industry. Both agencies have failed 
miserably to contain the anti-competitive behavior of the railroads. My 
cosponsors and I only seek to require railroads to quote a price for a 
portion of a route on which they carry a company's products. This bill 
does not seek to give the STB more regulatory authority over the 
railroads, it only serves to remind the Board of the pro-competitive 
responsibilities authorized by Congress in the Staggers Act.
  Likewise, we do not offer this bill to hasten the demise of the 
industry. The companies that have come to us time and again for help in 
getting competitive rail service absolutely need a strong railroad 
industry. Their products, for the most part, cannot be moved 
efficiently via trucks or barges. The competition that will be fostered 
by this legislation is intended to help the railroads as much as it is 
intended to help shippers. Some may dispute the fundamental economic 
logic of this, to which I respond: Giving the railroads relatively 
unfettered regional monopolies with the right to engage in anti-
competitive behavior has not produced the strong railroad industry the 
Staggers Act sought to produce. At the very least, perhaps it is time 
to give competition a chance to succeed.
  Mr. DORGAN. Mr. President, I rise today to speak about a bill, the 
Railroad Competition Act of 2001, which, along with Senator Burns and 
Senator Rockefeller I hope will introduce a bit of competition and 
better service in our railroad industry. The truth is that our rail 
system is completely broken, deregulation has only led to a system 
dominated by regional monopolies and both shippers and consumers are 
paying the price.
  Since the supposed deregulation of the rail industry in 1980, the 
number of major Class I railroads has been allowed to decline from 
approximately 42 to only four major U.S. railroads today. Four mega-
railroads overwhelmingly dominate railroad traffic, generating 95 
percent of the gross ton-miles and 94 percent of the revenues, 
controlling 90 percent of all U.S. coal movement; 70 percent of all 
grain movement and 88 percent of all originated chemical movement. This 
drastic level of consolidation has left rail customers with only two 
major carriers operating in the East and two in the West, and has far 
exceeded the industry's need to minimize unit operating costs.
  But consolidation has not happened in a vacuum. Over the years, 
regulators have systematically adopted polices that so narrowly 
interpret the pro-competitive provisions of the 1980 statute that 
railroads are essentially protected from ever having to compete with 
each other. As a consequence rail users have no power to choose among 
carriers either in terminal areas where switching infrastructure makes 
such choices feasible, nor can rail users even get a rate quoted to 
them over a ``bottleneck'' segment of the monopoly system.
  The negative results of this approach have been astonishing. In North 
Dakota it costs $2,300 to move one rail car of wheat to Minneapolis 
(approx. 400 miles). Yet for a similar 400 mile move between 
Minneapolis and Chicago, it costs only $310 to deliver that car. And 
move that same car another 600 miles to St. Louis, Missouri and it 
costs only $610 per car. Looking at it another way--An elevator in 
Minot, North Dakota pays $2.99 to the farmer for a bushel of wheat. The 
cost to ship that wheat to the West coast on the BNSF is $1.30 per 
bushel. At that rate, rail transportation consumes 43 percent of the 
value of that wheat. Not only is that totally unfair to the captive 
farmer, but in the long run it is unsustainable.
  How has this happened? Since the deregulation of the railroad 
industry, it has been the responsibility of the Interstate Commerce 
Commission, later renamed, the Surface Transportation Board, to make 
sure that the pro-competitive intent of the law was being upheld. It is 
the STBs charge to protect captive shippers through ``regulated 
competition.''
  That clearly hasn't happened. In 1999 the GAO reported on how 
complicated it is for a shipper to get rate relief under the 
``regulated competition'' approach at the STB. The GAO found that this 
process takes up to 500 days to decide, and costs hundreds of thousands 
of dollars. Hundreds of thousands of dollars and about approximately 
two years--that's hardly a rate relief process. But it's about the only 
relief shippers have under the law.
  The Railroad Competition Act of 2001 will reaffirm the strong role 
the STB should play in protecting shippers by: jump-starting 
competition by requiring railroads to quote a rate on any given 
segment; facilitating terminal access and the ability to transfer goods 
among railroads in terminal areas; simplifying the market dominance 
test; eliminating the annual revenue adequacy test; bolstering rail 
access by making the rate relief process cheaper, faster and easier 
through a streamlined arbitration process, and requiring the railroads 
to file monthly service performance reports with the Department of 
Transportation, similar to what we require of the airline industry, so 
that rail customers have access to the information then need to make 
good railroad and transportation choices.
  All Americans, whether they are farmers who need to ship their crops 
to market, businesses shipping factory goods, or consumers that buy the 
finished product, deserve to have a rail transportation system with 
prices that are fair. It is time for Congress to stand up for farmers, 
businesses, and consumers by making it very clear that the STB has to 
be a more aggressive defender of competition and reasonable rates.
                                 ______
                                 
      By Mr. GRAHAM (for himself, Mr. Murkowski, Mr. Gramm, Mr. 
        Nickles, Mr. Thompson, Mr. Kyl, Mr. Hagel, Mr. Roberts, and Mr. 
        Chafee):
  S. 1104. A bill to establish objectives for negotiating, and 
procedures for, implementing certain trade agreements; to the Committee 
on Finance.
  Mr. GRAHAM. Mr. President, I rise today with Senator Murkowski and 
our cosponsors to introduce the Trade Promotion Authority Act of 2001. 
We have stepped forward because we believe that international trade is 
essential to increase opportunities for U.S. producers, to support U.S. 
jobs, and to provide economic opportunities for trading partners who 
need development.
  Last month the Administration released its 2001 International Trade 
Agenda, which outlined the President's principles for renewed trade 
promotion authority, TPA. At the same time, I was working with a group 
of pro-trade Democrats to identify our key priorities. What we 
discovered is that our two sets of principles had much in common.
  Over the last few weeks, Senator Murkowski and I have worked together 
to translate those two sets of principles into legislative language.
  The trade debate has been virtually deadlocked for years, with voices 
from the ``end zones'' taking center-stage. In our view, this bill 
represents the basic architecture of a bipartisan bill on what we 
believe is the ``50 yard line.'' We also look forward to the 
contribution that others will make before this bill is signed into law.
  The fact that we introduced this bill with bipartisan support is 
particularly significant because this is not just a set of ideas that 
happened to be popular with both Democrats and Republicans. This bill 
took real compromise on both sides.
  For my part, my contributions to this bill were based on the trade 
principles developed by New Democrats led by Cal Dooley in the House 
and several of my colleagues in the Senate. The New Democrat trade 
principles we

[[Page 11878]]

released in May are fully incorporated into this bill.
  What we introduce today is not a trade agreement. Trade promotion 
authority is an authorization to the President to begin negotiations. 
Details of a trade bill will be developed through the process 
established by the grant of TPA. At the end of that process, Congress 
will review the result of those negotiations and grant approval or 
disapproval to the result.
  Trade promotion authority puts the will of Congress behind our trade 
negotiator, but it cannot and should not mandate a specific result from 
negotiations. We must leave it to our negotiators to reach the most 
favorable agreement they can.
  A trade promotion authority bill is a way for Congress to communicate 
its negotiating priorities. Some of the priorities we put forward in 
this bill include: negotiating objectives on labor and environment that 
receive the same priority as commercial negotiating objectives; a new 
negotiating objective on information technologies to reduce trade 
barriers on high technology products, enhance and facilitate barriers-
free e-commerce, and provide the same rights and protections for the 
electronic delivery of products as are offered to products delivered 
physically; adoption of measures in trade agreements to ensure proper 
implementation, full compliance and appropriate enforcement mechanisms 
that are timely and transparent; and a stronger process for continuous 
Congressional involvement in the process before, during, and at the 
close of negotiations so that the will of Congress is fully expressed 
in the final agreement.
  I have been concerned by the views expressed by some Members that it 
may be better to delay consideration of TPA until next year. This would 
be a ``major league'' mistake. There is a real price to be paid for 
delay.
  One hundred years ago the U.S. took an isolationist position with 
respect to our economic relations with Latin America. The result of 
this was that the Nations of Latin America adopted European technical 
standards. This has been a handicap to the U.S. economic position in 
Latin America ever since.
  We now are in danger of repeating this mistake. The best way to avoid 
doing so is to negotiate and enter trade agreement with nations so that 
American standards become the norm and American businesses and workers 
can benefit.
  Nothing is likely to occur in the next 12 to 24 months that will make 
reaching a consensus on trade promotion authority more likely. In fact 
just the opposite is true.
  The best way to move forward is to put TPA in perspective. It seems 
the debate on this issue moves quickly to being a referendum on whether 
trade and globalization are good or bad. That, frankly, is not the 
question. We can't walk away from globalization and we can't shut the 
door to international commerce. We can't put the genie back in the 
bottle.
  What we can do is try to shape these economic forces and define a 
trade agenda that addresses our priorities. The real question is, ``can 
the United States have more influence in the trade arena with TPA or 
without it.''
  I am convinced that we will give the President a stronger negotiating 
position, and get the country a better result, if we pass a grant of 
trade promotion authority as soon as possible. That is not to say that 
I advocate giving the President a blank check to cash as he pleases. It 
also does not mean that I believe in a ``free trade utopia'' either.
  I recognize there will be issues with our trading partners and that 
everyone doesn't always play by the rules. The way to address concerns 
with our trading partners is at the negotiating table. That makes it 
all the more important for us to have a strong negotiating position, 
and TPA is central to that.
  We encourage others to contribute specific suggestions to enhance the 
bill's ability to contribute to its principle objective of opening 
markets to U.S. goods, creating new and better jobs for Americans, and 
allowing the world to benefit from U.S. goods and services.
  Only 4 percent of the world's consumers live in the United States. If 
we want to sell our agriculture products, manufactured goods, and 
world-class services to the rest of the 96 percent around the world, we 
have to do it through trade. Trade promotion authority is the best way 
for the President to negotiate trade agreements that will open markets 
and improve standards of living at home and abroad.
  Mr. MURKOWSKI. Mr. President, I rise today to join my colleague, 
Senator Graham, in introducing the Trade Promotion Act of 2001. In my 
six and a half years on the Finance Committee, on which Senator Graham 
and I both serve, there has always been a strong bi-partisan consensus 
in favor of open markets and free trade. In introducing the Trade 
Promotion Act of 2001 today, we continue that spirit.
  This is a bill to which many members have contributed. Together, we 
believe that trade is the single most important catalyst for expanding 
jobs and opportunities here at home and encouraging economic 
development abroad.
  The United States has always been a trading Nation. We learned the 
law of comparative advantage very early in our history, and became the 
wealthiest Nation in history as a direct result. Economic theory tells 
us that trade between markets expands the opportunities and benefits in 
both those markets. As far as trade is concerned, the whole is always 
greater than the sum of its parts. Our Nation's history has been the 
practical embodiment of this theory. Without trade, this Nation would 
simply not be the greatest on earth.
  Yet no matter how many times we have learned this lesson, we forget 
it just as many times. Here we are in 2001, facing the same challenges 
on trade we have faced on countless occasions in the past. The 
champions of protectionism have become more sophisticated over the 
years. Still: their arguments are the same old fear-mongering and 
disinformation they have been peddling for 200 years.
  Does trade lead to winners and losers? Yes, that's called 
competition, the bedrock of our society.
  Does economic growth put pressures on underdeveloped societies in 
labor and environmental areas? Yes, it can. It did in this country too.
  But do the short-term pains of competition and other pressures on 
society outweigh the benefits of trade? No, not now, not ever.
  The United States can be leaders on trade or we can be followers. We 
can either shape the global economy or be shaped by it.
  There are 134 free trade agreements in the world today. The United 
States is party to only 2 of those. To my mind, that is a shameful 
record. We have done a disservice to our farmers, fishermen, businesses 
and the working men and women of this country.
  I recognize there are those who are concerned about the broader 
impacts of globalization. To them I say: you can't influence the 
outcome unless you are in the game.
  Does government have a role in easing the plight of firms and 
individuals negatively affected by trade? Absolutely. Sound economic 
policy should ease the transition of individuals and their companies to 
more competitive areas.
  Can the United States help other countries overcome short-term labor 
and environmental problems resulting from rapid growth? No question at 
all. Through technology and other means we have many tools to help the 
developing world.
  But the only way to address these problems is for the United States 
to exercise leadership on trade. Without Trade Promotion Authority, 
such leadership will be impossible.
  Senator Graham and I and our colleagues believe the Graham-Murkowski 
Trade Promotion Act of 2001 is the right vehicle to provide those 
leadership tools.
                                 ______
                                 
      By Mr. THOMAS (for himself and Mr. Enzi):
  S. 1105. A bill to provide for the expeditious completion of the 
acquisition of State of Wyoming lands within the boundaries of Grand 
Teton National

[[Page 11879]]

Park, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. THOMAS. Mr. President, I am pleased to introduce a bill today to 
authorize the exchange of State lands inside Grand Teton National Park.
  Grand Teton National Park was established by Congress on February 29, 
1929, to protect the natural resources of the Teton range and recognize 
the Jackson area's unique beauty. On March 15, 1943, President Franklin 
Delano Roosevelt established the Jackson Hole National Monument 
adjacent to the park. Congress expanded the Park on September 14, 1950, 
by including a portion of the lands from the Jackson Hole National 
Monument. The park currently encompasses approximately 310,000 acres of 
wilderness and has some of the most amazing mountain scenery anywhere 
in our country. This park has become an extremely important element of 
the National Park system, drawing almost 2.7 million visitors in 1999.
  When Wyoming became a State in 1890, sections of land were set aside 
for school revenue purposes. All income from these lands--rents, 
grazing fees, sales or other sources--is placed in a special trust fund 
for the benefit of students in the State. The establishment of these 
sections predates the creation of most national parks or monuments 
within our State boundaries, creating several state inholdings on 
federal land. The legislation I am introducing today would allow the 
Federal Government to remove the state school trust lands from Grand 
Teton National Park and allow the State to capture fair value for this 
property to benefit Wyoming school children.
  This bill, entitled the ``Grand Teton National Park Land Exchange 
Act,'' identifies approximately 1406 acres of State lands and mineral 
interests within the boundaries of Grand Teton National Park for 
exchange for Federal assets. These Federal assets could include mineral 
royalties, appropriated dollars, federal lands or combination of any of 
these elements.
  The bill also identifies an appraisal process for the state and 
federal government to determine a fair value of the state property 
located within the park boundaries. Ninety days after the bill is 
signed into law, the land would be valued by one of the following 
methods: (1) the Interior Secretary and Governor would mutually agree 
on a qualified appraiser to conduct the appraisal of the State lands in 
the park; (2) if there is no agreement about the appraiser, the 
Interior Secretary and Governor would each designate a qualified 
appraiser. The two designated appraisers would select a third appraiser 
to perform the appraisal with the advice and assistance of the 
designated appraisers.
  If the Interior Secretary and Governor cannot agree on the 
evaluations of the State lands 180 days after the date of enactment, 
the Governor may petition the U.S. Court of Federal Claims to determine 
the final value. One-hundred-eighty days after the State land value is 
determined, the Interior Secretary, in consultation with the Governor, 
shall exchange Federal assets of equal value for the State lands.
  The management of our public lands and natural resources is often 
complicated and requires the coordination of many individuals to 
accomplish desired objectives. When western folks discuss Federal land 
issues, we do not often have an opportunity to identify proposals that 
capture this type of consensus and enjoy the support from a wide array 
of interests; however, this land exchange offers just such a unique 
prospect.
  This legislation is needed to improve the management of Grand Teton 
National Park, by protecting the future of these unique lands against 
development pressures and allow the State of Wyoming to access their 
assets to address public school funding needs.
  This bill enjoys the support of many different groups including the 
National Park Service, the Wyoming Governor, State officials, as well 
as folks from the local community. It is my hope that the Senate will 
seize this opportunity to improve upon efforts to provide services to 
the American public.
                                 ______
                                 

                            By Mr. DOMENICI:

  S. 1106. A bill to provide a tax credit for the production of oil or 
gas from deposits held in trust for, or held with restrictions against 
alienation by, Indian tribes and Indian individuals; to the Committee 
on Finance.
  Mr. DOMENICI. Mr. President, today I am proud to introduce 
legislation that would provide a Federal tax credit for oil and natural 
gas produced from Indian lands. This legislation will serve two 
important purposes. It will provide an immediate boost to tribal 
economies, and it will provide additional domestic sources of energy to 
ease our growing energy crisis.
  Even though Indian lands offer a fertile source of oil and natural 
gas, many disincentives to exploration and production exist. For 
example, the Supreme Court permits the double taxation of oil and 
natural gas produced from tribal lands, which unfairly subjects 
producers to both State and tribal taxation. Furthermore, tribal 
economies are not sufficiently diversified to allow for tribal tax 
incentives for oil and natural gas development. Finally, Congress has 
enacted innumerable incentives for energy development on Federal lands, 
which has made production from this land far more profitable. As a 
result, Indian lands are too often overlooked as a source of domestic 
energy.
  This legislation would remedy these disadvantages by providing 
Federal tax credits for oil and natural gas production on tribal lands. 
These tax credits would be available to both the tribe as royalty owner 
and the producer. Tribes would benefit in two ways: they could broaden 
their tax base from substantially increased oil and gas production; and 
they could market their share of the tax credit to generate additional 
revenue. These additional revenues would allow tribes to strengthen 
their infrastructure and improve the vital services that they provide 
to their citizens.
  Unfortunately, the recent economic prosperity has not been extended 
to many Indian tribes. This is the reason why these tax incentives are 
so crucial. They will provide a much-needed shot in the arm to tribal 
economic development and will compensate for the discriminatory double 
taxation that hinders energy production. In recent years, many people 
have criticized the growth of the gaming industry on reservations. 
However, these critics have failed to suggest viable alternatives for 
tribal economic development. This legislation would supply strong 
opportunity for entrepreneurship in a vital national industry and would 
bring many more tribes into the economic mainstream.
  Finally, this legislation would have the added benefit of creating an 
additional source of domestic energy. In our efforts to craft a 
comprehensive energy policy for the United States, we have been 
searching for additional sources of domestic energy. In this search, we 
must not overlook tribal oil and gas production. America's energy 
supply is a patchwork of various domestic and international sources, 
and the addition of tribal lands will only strengthen the seams of this 
patchwork and decrease our risky reliance on foreign sources.
  Therefore, I am proud today to introduce this legislation to boost 
the production of oil and natural gas on Indian lands and to strengthen 
our domestic energy supply.

                          ____________________



                  STATEMENTS ON SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 117--HONORING JOHN J. DOWNING, BRIAN FAHEY, AND HARRY 
    FORD, WHO LOST THEIR LIVES IN THE COURSE OF DUTY AS FIREFIGHTERS

  Mrs. CLINTON (for herself, and Mr. Schumer) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 117

       Whereas on June 17, 2001, 350 firefighters and numerous 
     police officers responded to a 911 call that sent them to 
     Long Island General Supply Company in Queens, New York;
       Whereas a fire and an explosion in a 2-story building had 
     turned the 128-year-old,

[[Page 11880]]

     family-owned store into a heap of broken bricks, twisted 
     metal, and shattered glass;
       Whereas all those who responded to the scene served without 
     reservation and with their personal safety on the line;
       Whereas 2 civilians and dozens of firefighters were injured 
     by the blaze, including firefighters Joseph Vosilla and 
     Brendan Manning who were severely injured;
       Whereas John J. Downing of Ladder Company 163, an 11-year 
     veteran of the department and resident of Port Jefferson 
     Station, and a husband and father of 2, lost his life in the 
     fire;
       Whereas Brian Fahey of Rescue Company 4, a 14-year veteran 
     of the department and resident of East Rockaway, and a 
     husband and father of 3, lost his life in the fire; and
       Whereas Harry Ford of Rescue Company 4, a 27-year veteran 
     of the department from Long Beach, and a husband and father 
     of 3, lost his life in the fire: Now, therefore, be it
       Resolved, That the Senate--
       (1) honors John J. Downing, Brian Fahey, and Harry Ford, 
     who lost their lives in the course of duty as firefighters, 
     and recognizes them for their bravery and sacrifice;
       (2) extends its deepest sympathies to the families of these 
     3 brave heroes; and
       (3) pledges its support and to continue to work on behalf 
     of all of the Nation's firefighters who risk their lives 
     every day to ensure the safety of all Americans.

                          ____________________



    SENATE CONCURRENT RESOLUTION 55--HONORING THE 19 UNITED STATES 
 SERVICEMEN WHO DIED IN THE TERRORIST BOMBING OF THE KHOBAR TOWERS IN 
                     SAUDI ARABIA ON JUNE 25, 1996

  Mr. BOND (for himself, Mrs. Hutchison, Mr. DeWine, and Mr. Lieberman) 
submitted the following concurrent resolution; which was referred to 
the Committee on Armed Services:

                            S. Con. Res. 55

       Whereas June 25, 2001, marks the fifth anniversary of the 
     tragic terrorist bombing of the Khobar Towers in Saudi 
     Arabia;
       Whereas this act of senseless violence took the lives of 19 
     brave United States servicemen, and wounded 500 others;
       Whereas these nineteen men killed while serving their 
     country were Captain Christopher Adams, Sergeant Daniel 
     Cafourek, Sergeant Millard Campbell, Sergeant Earl Cartrette, 
     Jr., Sergeant Patrick Fennig, Captain Leland Haun, Sergeant 
     Michael Heiser, Sergeant Kevin Johnson, Sergeant Ronald King, 
     Sergeant Kendall Kitson, Jr., Airman First Class Christopher 
     Lester, Airman First Class Brent Marthaler, Airman First 
     Class Brian McVeigh, Airman First Class Peter Morgera, 
     Sergeant Thanh Nguyen, Airman First Class Joseph Rimkus, 
     Senior Airman Jeremy Taylor, Airman First Class Justin Wood, 
     and Airman First Class Joshua Woody;
       Whereas those guilty of this attack have yet to be brought 
     to justice;
       Whereas the families of these brave servicemen still mourn 
     their loss and await the day when those guilty of this act 
     are brought to justice; and
       Whereas terrorism remains a constant and ever-present 
     threat around the world: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the Congress, on the occasion of the fifth 
     anniversary of the terrorist bombing of the Khobar Towers in 
     Saudi Arabia, recognizes the sacrifice of the 19 servicemen 
     who died in that attack, and calls upon every American to 
     pause and pay tribute to these brave soldiers and to remain 
     ever vigilant for signs which may warn of a terrorist attack.

                          ____________________



SENATE CONCURRENT RESOLUTION 56--EXPRESSING THE SENSE OF CONGRESS THAT 
  A COMMEMORATIVE POSTAGE STAMP SHOULD BE ISSUED BY THE UNITED STATES 
 POSTAL SERVICE HONORING THE MEMBERS OF THE ARMED FORCES WHO HAVE BEEN 
                        AWARDED THE PURPLE HEART

  Ms. SNOWE submitted the following concurrent resolution; which was 
referred to the Committee on Governmental Affairs:

                            S. Con. Res. 56

       Whereas the Order of the Purple Heart for Military Merit, 
     commonly known as the Purple Heart, is the oldest military 
     decoration in the world in present use;
       Whereas the Purple Heart is awarded in the name of the 
     President of the United States to members of the Armed Forces 
     who are wounded in conflict with an enemy force or while held 
     by an enemy force as a prisoner of war, and posthumously to 
     the next of kin of members of the Armed Forces who are killed 
     in conflict with an enemy force or who die of a wound 
     received in conflict with an enemy force;
       Whereas the Purple Heart was established on August 7, 1782, 
     during the Revolutionary War, when General George Washington 
     issued an order establishing the Honorary Badge of 
     Distinction, otherwise known as the Badge of Military Merit 
     or the Decoration of the Purple Heart;
       Whereas the award of the Purple Heart ceased with the end 
     of the Revolutionary War, but was revived out of respect for 
     the memory and military achievements of George Washington in 
     1932, the year marking the 200th anniversary of his birth; 
     and
       Whereas the issuance of a postage stamp commemorating the 
     members of the Armed Forces who have been awarded the Purple 
     Heart is a fitting tribute both to those members and to the 
     memory of George Washington: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) the United States Postal Service should issue a postage 
     stamp commemorating the members of the Armed Forces who have 
     been awarded the Purple Heart; and
       (2) the Citizens' Stamp Advisory Committee should recommend 
     to the Postmaster General that such a stamp be issued not 
     later than 1 year after the adoption of this resolution.

  Ms. SNOWE. Mr. President. I rise today to submit a concurrent 
resolution to express the sense of Congress that a commemorative 
postage stamp should be issued by the United States Postal Service 
honoring the members of the Armed Forces that have been awarded the 
Purple Heart.
  The Purple Heart, our nation's oldest military decoration, was 
originated by General George Washington in 1782 to recognize 
``instances of unusual gallantry.'' Referred to then as the Badge of 
Military Merit, the decoration was awarded only three times during the 
Revolutionary War.
  Following the war, the general order authorizing the ``Badge'' was 
misfiled for over 150 years until the War Department reactivated the 
decoration in 1932. The Army's then Adjutant General, Douglas 
MacArthur, succeeded in having the medal re-instituted in its modern 
form--to recognize the sacrifice our service members make when they go 
into harm's way.
  Both literally and figuratively, the Purple Heart is the world's most 
costly decoration. However, the 19 separate steps necessary to make the 
medal pale in comparison to the actions and heroics that so often lead 
to its award. The Department of Defense does not track the number of 
Purple Hearts awarded, but we do know that just over 500,000 of the 
veterans and military personnel that have received the medal are still 
living. And we also know that every single recipient served this 
country in one form or another; a good number of the awardees even made 
the ultimate sacrifice--giving their lives for the liberty and freedoms 
that we all enjoy and often take for granted.
  I am sure you will agree that these sacrifices deserve our respect 
and remembrance. This resolution, to express the sense of the Congress 
that a postage stamp honoring Purple Heart recipients should be issued 
by the U.S. Postal Service, is a fitting place to start. I urge my 
colleagues to support this effort to recognize those brave service 
members.

                          ____________________



                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 813. Mr. BROWNBACK submitted an amendment intended to be 
     proposed by him to the bill S. 1052, to amend the Public 
     Health Service Act and the Employee Retirement Income 
     Security Act of 1974 to protect consumers in managed care 
     plans and other health coverage; which was ordered to lie on 
     the table.
       SA 814. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 1052, supra; which was ordered 
     to lie on the table.
       SA 815. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 1052, supra; which was ordered 
     to lie on the table.
       SA 816. Mr. BOND proposed an amendment to the bill S. 1052, 
     supra.
       SA 817. Mr. ALLARD (for himself, Mr. Bond, Mr. Santorum, 
     and Mr. Nickles) proposed an amendment to the bill S. 1052, 
     supra.
       SA 818. Mr. KYL (for himself, Mr. Nelson of Nebraska, and 
     Mr. Nickles) proposed an amendment to the bill S. 1052, 
     supra.

                          ____________________


[[Page 11881]]

                           TEXT OF AMENDMENTS

  SA 813. Mr. BROWNBACK submitted an amendment intended to be proposed


by him to the bill S. 1052, to amend the Public Health Service Act and 
the Employee Retirement Income Security Act of 1974 to protect 
consumers in managed care plans and other health coverage; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following

               TITLE __--HUMAN GERMLINE GENE MODIFICATION

     SEC.   01. SHORT TITLE.

       This title may be cited as the ``Human Germline Gene 
     Modification Prohibition Act of 2001''.

     SEC.   02. FINDINGS.

       Congress makes the following findings:
       (1) Human Germline gene modification is not needed to save 
     lives, or alleviate suffering, of existing people. Its target 
     population is ``prospective people'' who have not been 
     conceived.
       (2) The cultural impact of treating humans as biologically 
     perfectible artifacts would be entirely negative. People who 
     fall short of some technically achievable ideal would be seen 
     as ``damaged goods'', while the standards for what is 
     genetically desirable will be those of the society's 
     economically and politically dominant groups. This will only 
     increase prejudices and discrimination in a society where too 
     many such prejudices already exist.
       (3) There is no way to be accountable to those in future 
     generations who are harmed or stigmatized by wrongful or 
     unsuccessful human germline modifications of themselves or 
     their ancestors.
       (4) The negative effects of human germline manipulation 
     would not be fully known for generations, if ever, meaning 
     that countless people will have been exposed to harm probably 
     often fatal as the result of only a few instances of germline 
     manipulations.
       (5) All people have the right to have been conceived, 
     gestated, and born without genetic manipulation.

     SEC.   03. PROHIBITION ON HUMAN GERMLINE GENE MODIFICATION.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 15, the following:

                ``CHAPTER 16--GERMLINE GENE MODIFICATION

``Sec.
``301. Definitions
``302. Prohibition on germline gene modification.

     ``Sec. 301. Definitions

       ``In this chapter:
       (1) Human germline gene modification.--The term `human 
     germline gene modification' means the introduction of DNA 
     into any human cell (including human eggs, sperm, fertilized 
     eggs, (ie. embryos, or any early cells that will 
     differentiate into gametes or can be manipulated to do so) 
     that can result in a change which can be passed on to future 
     individuals, including DNA from any source, and in any form, 
     such as nuclei, chromosomes, nuclear, mitochondrial, and 
     synthetic DNA. The term does not include any modification of 
     cells that are not a part of or are not used to construct 
     human embryos.
       ``(2) Human haploid cell.--The term `haploid cell' means a 
     cell that contains only a single copy of each of the human 
     chromosomes, such as eggs, sperm, and their precursors; the 
     haploid number in a human cell is 23.
       ``(3) Somatic cell.--The term `somatic cell' means a 
     diploid cell (having two sets of the chromosomes of almost 
     all body cells) obtained or derived from a living or deceased 
     human body at any stage of development; its diploid number is 
     46. Somatic cells are diploid cells that are not precursors 
     of either eggs or sperm. A genetic modification of somatic 
     cells is therefore not germline genetic modification.

     ``Sec. 302. Prohibition on germline gene modification

       ``(a) In General.--It shall be unlawful for any person or 
     entity, public or private, in or affecting interstate 
     commerce--
       ``(1) to perform or attempt to perform human germline gene 
     modification;
       ``(2) to participate in an attempt to perform human 
     germline gene modification; or
       ``(3) to ship or receive the product of human germline gene 
     modification for any purpose.
       ``(b) Importation.--It shall be unlawful for any person or 
     entity, public or private, to import the product of human 
     germline gene modification for any purpose.
       ``(c) Penalties--
       ``(1) In general.--Any person or entity that is convicted 
     of violating any provision of this section shall be fined 
     under this section or imprisoned not more than 10 years, or 
     both.
       ``(2) Civil penalty.--Any person or entity that is 
     convicted of violating any provision of this section shall be 
     subject to, in the case of a violation that involves the 
     derivation of a pecuniary gain, a civil penalty of not less 
     than $1,000,000 and not more than an amount equal to the 
     amount of the gross gain multiplied by 2, if that amount is 
     greater than $1,000,000.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 15 the following:

301''.rmline Gene Modification.......................................
                                  ____


  SA 814. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1052, to amend the Public Health Service Act and 
the Employee Retirement Income Security Act of 1974 to protect 
consumers in managed care plans and other health coverage; which was 
ordered to lie on the table; as follows:

       On page 179, after line 14, add the following:

     SEC. __. DEFINITION OF BORN-ALIVE INFANT.

       (a) In General.--Chapter 1 of title 1, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 8. `Person', `human being', `child', and `individual' 
       as including born-alive infant

       ``(a) In determining the meaning of any Act of Congress, or 
     of any ruling, regulation, or interpretation of the various 
     administrative bureaus and agencies of the United States, the 
     words `person', `human being', `child', and `individual', 
     shall include every infant member of the species homo sapiens 
     who is born alive at any stage of development.
       ``(b) As used in this section, the term `born alive', with 
     respect to a member of the species homo sapiens, means the 
     complete expulsion or extraction from his or her mother of 
     that member, at any stage of development, who after such 
     expulsion or extraction breathes or has a beating heart, 
     pulsation of the umbilical cord, or definite movement of 
     voluntary muscles, regardless of whether the umbilical cord 
     has been cut, and regardless of whether the expulsion or 
     extraction occurs as a result of natural or induced labor, 
     caesarean section, or induced abortion.
       ``(c) Nothing in this section shall be construed to affirm, 
     deny, expand, or contract any legal status or legal right 
     applicable to any member of the species homo sapiens at any 
     point prior to being born alive as defined in this 
     section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of title 1, United States Code, is 
     amended by adding at the end the following new item:

``8. `Person', `human being', `child', and `individual' as including 
              born-alive infant.''.
                                  ____

  SA 815. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1052, to amend the Public Health Service Act and 
the Employee Retirement Income Security Act of 1974 to protect 
consumers in managed care plans and other health coverage; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE __--FAIR CARE FOR THE UNINSURED

      Subtitle A--Refundable Credit for Health Insurance Coverage

     SEC. __01. REFUNDABLE CREDIT FOR HEALTH INSURANCE COVERAGE.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     refundable credits) is amended by redesignating section 35 as 
     section 36 and by inserting after section 34 the following 
     new section:

     ``SEC. 35. HEALTH INSURANCE COSTS.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     subtitle an amount equal to the amount paid during the 
     taxable year for qualified health insurance for the taxpayer, 
     his spouse, and dependents.
       ``(b) Limitations.--
       ``(1) In general.--The amount allowed as a credit under 
     subsection (a) to the taxpayer for the taxable year shall not 
     exceed the sum of the monthly limitations for coverage months 
     during such taxable year for each individual referred to in 
     subsection (a) for whom the taxpayer paid during the taxable 
     year any amount for coverage under qualified health 
     insurance.
       ``(2) Monthly limitation.--
       ``(A) In general.--The monthly limitation for an individual 
     for each coverage month of such individual during the taxable 
     year is the amount equal to 1/12 of--
       ``(i) $1,000 if such individual is the taxpayer,
       ``(ii) $1,000 if--

       ``(I) such individual is the spouse of the taxpayer,
       ``(II) the taxpayer and such spouse are married as of the 
     first day of such month, and
       ``(III) the taxpayer files a joint return for the taxable 
     year, and

       ``(iii) $500 if such individual is an individual for whom a 
     deduction under section 151(c) is allowable to the taxpayer 
     for such taxable year.
       ``(B) Limitation to 2 dependents.--Not more than 2 
     individuals may be taken into account by the taxpayer under 
     subparagraph (A)(iii).
       ``(C) Special rule for married individuals.--In the case of 
     an individual--
       ``(i) who is married (within the meaning of section 7703) 
     as of the close of the taxable

[[Page 11882]]

     year but does not file a joint return for such year, and
       ``(ii) who does not live apart from such individual's 
     spouse at all times during the taxable year,

     the limitation imposed by subparagraph (B) shall be divided 
     equally between the individual and the individual's spouse 
     unless they agree on a different division.
       ``(3) Coverage month.--For purposes of this subsection--
       ``(A) In general.--The term `coverage month' means, with 
     respect to an individual, any month if--
       ``(i) as of the first day of such month such individual is 
     covered by qualified health insurance, and
       ``(ii) the premium for coverage under such insurance for 
     such month is paid by the taxpayer.
       ``(B) Employer-subsidized coverage.--
       ``(i) In general.--Such term shall not include any month 
     for which such individual is eligible to participate in any 
     subsidized health plan (within the meaning of section 
     162(l)(2)) maintained by any employer of the taxpayer or of 
     the spouse of the taxpayer.
       ``(ii) Premiums to nonsubsidized plans.--If an employer of 
     the taxpayer or the spouse of the taxpayer maintains a health 
     plan which is not a subsidized health plan (as so defined) 
     and which constitutes qualified health insurance, employee 
     contributions to the plan shall be treated as amounts paid 
     for qualified health insurance.
       ``(C) Cafeteria plan and flexible spending account 
     beneficiaries.--Such term shall not include any month during 
     a taxable year if any amount is not includible in the gross 
     income of the taxpayer for such year under section 106 with 
     respect to--
       ``(i) a benefit chosen under a cafeteria plan (as defined 
     in section 125(d)), or
       ``(ii) a benefit provided under a flexible spending or 
     similar arrangement.
       ``(D) Medicare and medicaid.--Such term shall not include 
     any month with respect to an individual if, as of the first 
     day of such month, such individual--
       ``(i) is entitled to any benefits under title XVIII of the 
     Social Security Act, or
       ``(ii) is a participant in the program under title XIX or 
     XXI of such Act.
       ``(E) Certain other coverage.--Such term shall not include 
     any month during a taxable year with respect to an individual 
     if, at any time during such year, any benefit is provided to 
     such individual under--
       ``(i) chapter 89 of title 5, United States Code,
       ``(ii) chapter 55 of title 10, United States Code,
       ``(iii) chapter 17 of title 38, United States Code, or
       ``(iv) any medical care program under the Indian Health 
     Care Improvement Act.
       ``(F) Prisoners.--Such term shall not include any month 
     with respect to an individual if, as of the first day of such 
     month, such individual is imprisoned under Federal, State, or 
     local authority.
       ``(G) Insufficient presence in united states.--Such term 
     shall not include any month during a taxable year with 
     respect to an individual if such individual is present in the 
     United States on fewer than 183 days during such year 
     (determined in accordance with section 7701(b)(7)).
       ``(4) Coordination with deduction for health insurance 
     costs of self-employed individuals.--In the case of a 
     taxpayer who is eligible to deduct any amount under section 
     162(l) for the taxable year, this section shall apply only if 
     the taxpayer elects not to claim any amount as a deduction 
     under such section for such year.
       ``(c) Qualified Health Insurance.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified health insurance' 
     means insurance which constitutes medical care as defined in 
     section 213(d) without regard to--
       ``(A) paragraph (1)(C) thereof, and
       ``(B) so much of paragraph (1)(D) thereof as relates to 
     qualified long-term care insurance contracts.
       ``(2) Exclusion of certain other contracts.--Such term 
     shall not include insurance if a substantial portion of its 
     benefits are excepted benefits (as defined in section 
     9832(c)).
       ``(d) Archer MSA Contributions.--
       ``(1) In general.--If a deduction would (but for paragraph 
     (2)) be allowed under section 220 to the taxpayer for a 
     payment for the taxable year to the Archer MSA of an 
     individual, subsection (a) shall be applied by treating such 
     payment as a payment for qualified health insurance for such 
     individual.
       ``(2) Denial of double benefit.--No deduction shall be 
     allowed under section 220 for that portion of the payments 
     otherwise allowable as a deduction under section 220 for the 
     taxable year which is equal to the amount of credit allowed 
     for such taxable year by reason of this subsection.
       ``(e) Special Rules.--
       ``(1) Coordination with medical expense deduction.--The 
     amount which would (but for this paragraph) be taken into 
     account by the taxpayer under section 213 for the taxable 
     year shall be reduced by the credit (if any) allowed by this 
     section to the taxpayer for such year.
       ``(2) Denial of credit to dependents.--No credit shall be 
     allowed under this section to any individual with respect to 
     whom a deduction under section 151 is allowable to another 
     taxpayer for a taxable year beginning in the calendar year in 
     which such individual's taxable year begins.
       ``(3) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2002, each dollar 
     amount contained in subsection (b)(2)(A) shall be increased 
     by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2001' 
     for `calendar year 1992' in subparagraph (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $50 ($25 in the case of 
     the dollar amount in subsection (b)(2)(A)(iii)).''
       (b) Information Reporting.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 of such Code (relating to information concerning 
     transactions with other persons) is amended by inserting 
     after section 6050S the following new section:

     ``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED 
                   HEALTH INSURANCE.

       ``(a) In General.--Any person who, in connection with a 
     trade or business conducted by such person, receives payments 
     during any calendar year from any individual for coverage of 
     such individual or any other individual under creditable 
     health insurance, shall make the return described in 
     subsection (b) (at such time as the Secretary may by 
     regulations prescribe) with respect to each individual from 
     whom such payments were received.
       ``(b) Form and Manner of Returns.--A return is described in 
     this subsection if such return--
       ``(1) is in such form as the Secretary may prescribe, and
       ``(2) contains--
       ``(A) the name, address, and TIN of the individual from 
     whom payments described in subsection (a) were received,
       ``(B) the name, address, and TIN of each individual who was 
     provided by such person with coverage under creditable health 
     insurance by reason of such payments and the period of such 
     coverage, and
       ``(C) such other information as the Secretary may 
     reasonably prescribe.
       ``(c) Creditable Health Insurance.--For purposes of this 
     section, the term `creditable health insurance' means 
     qualified health insurance (as defined in section 35(c)) 
     other than--
       ``(1) insurance under a subsidized group health plan 
     maintained by an employer, or
       ``(2) to the extent provided in regulations prescribed by 
     the Secretary, any other insurance covering an individual if 
     no credit is allowable under section 35 with respect to such 
     coverage.
       ``(d) Statements To Be Furnished to Individuals With 
     Respect to Whom Information Is Required.--Every person 
     required to make a return under subsection (a) shall furnish 
     to each individual whose name is required under subsection 
     (b)(2)(A) to be set forth in such return a written statement 
     showing--
       ``(1) the name and address of the person required to make 
     such return and the phone number of the information contact 
     for such person,
       ``(2) the aggregate amount of payments described in 
     subsection (a) received by the person required to make such 
     return from the individual to whom the statement is required 
     to be furnished, and
       ``(3) the information required under subsection (b)(2)(B) 
     with respect to such payments.

     The written statement required under the preceding sentence 
     shall be furnished on or before January 31 of the year 
     following the calendar year for which the return under 
     subsection (a) is required to be made.
       ``(e) Returns Which Would Be Required To Be Made by 2 or 
     More Persons.--Except to the extent provided in regulations 
     prescribed by the Secretary, in the case of any amount 
     received by any person on behalf of another person, only the 
     person first receiving such amount shall be required to make 
     the return under subsection (a).''.
       (2) Assessable penalties.--
       (A) Subparagraph (B) of section 6724(d)(1) of such Code 
     (relating to definitions) is amended by redesignating clauses 
     (xi) through (xvii) as clauses (xii) through (xviii), 
     respectively, and by inserting after clause (x) the following 
     new clause:
       ``(xi) section 6050T (relating to returns relating to 
     payments for qualified health insurance),''.
       (B) Paragraph (2) of section 6724(d) of such Code is 
     amended by striking ``or'' at the end of the next to last 
     subparagraph, by striking the period at the end of the last 
     subparagraph and inserting ``, or'', and by adding at the end 
     the following new subparagraph:
       ``(BB) section 6050T(d) (relating to returns relating to 
     payments for qualified health insurance).''.
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61 of such Code is 
     amended by inserting after the item relating to section 6050S 
     the following new item:


[[Page 11883]]


``Sec. 6050T. Returns relating to payments for qualified health 
              insurance.''.

       (c) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting before the period ``, or 
     from section 35 of such Code''.
       (2) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of such Code is amended by striking 
     the last item and inserting the following new items:

``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of taxes.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.

     SEC. __02. ADVANCE PAYMENT OF CREDIT FOR PURCHASERS OF 
                   QUALIFIED HEALTH INSURANCE.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 (relating to miscellaneous provisions) is amended by 
     adding at the end the following new section:

     ``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR 
                   PURCHASERS OF QUALIFIED HEALTH INSURANCE.

       ``(a) General Rule.--In the case of an eligible individual, 
     the Secretary shall make payments to the provider of such 
     individual's qualified health insurance equal to such 
     individual's qualified health insurance credit advance amount 
     with respect to such provider.
       ``(b) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means any individual--
       ``(1) who purchases qualified health insurance (as defined 
     in section 35(c)), and
       ``(2) for whom a qualified health insurance credit 
     eligibility certificate is in effect.
       ``(c) Qualified Health Insurance Credit Eligibility 
     Certificate.--For purposes of this section, a qualified 
     health insurance credit eligibility certificate is a 
     statement furnished by an individual to the Secretary which--
       ``(1) certifies that the individual will be eligible to 
     receive the credit provided by section 35 for the taxable 
     year,
       ``(2) estimates the amount of such credit for such taxable 
     year, and
       ``(3) provides such other information as the Secretary may 
     require for purposes of this section.
       ``(d) Qualified Health Insurance Credit Advance Amount.--
     For purposes of this section, the term `qualified health 
     insurance credit advance amount' means, with respect to any 
     provider of qualified health insurance, the Secretary's 
     estimate of the amount of credit allowable under section 35 
     to the individual for the taxable year which is attributable 
     to the insurance provided to the individual by such provider.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of such Code is amended by adding at the end the following 
     new item:

``Sec. 7527. Advance payment of health insurance credit for purchasers 
              of qualified health insurance.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2002.

    Subtitle B--Assuring Health Insurance Coverage for Uninsurable 
                              Individuals

     SEC. __11. ESTABLISHMENT OF HEALTH INSURANCE SAFETY NETS.

       (a) In General.--
       (1) Requirement.--For years beginning with 2002, each 
     health insurer, health maintenance organization, and health 
     service organization shall be a participant in a health 
     insurance safety net (in this subtitle referred to as a 
     ``safety net'') established by the State in which it 
     operates.
       (2) Functions.--Any safety net shall assure, in accordance 
     with this subtitle, the availability of qualified health 
     insurance coverage to uninsurable individuals.
       (3) Funding.--Any safety net shall be funded by an 
     assessment against health insurers, health service 
     organizations, and health maintenance organizations on a pro 
     rata basis of premiums collected in the State in which the 
     safety net operates. The costs of the assessment may be added 
     by a health insurer, health service organization, or health 
     maintenance organization to the costs of its health insurance 
     or health coverage provided in the State.
       (4) Guaranteed renewable.--Coverage under a safety net 
     shall be guaranteed renewable except for nonpayment of 
     premiums, material misrepresentation, fraud, medicare 
     eligibility under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.), loss of dependent status, or 
     eligibility for other health insurance coverage.
       (5) Compliance with naic model act.--In the case of a State 
     that has not established, as of the date of the enactment of 
     this Act, a high risk pool or other comprehensive health 
     insurance program that assures the availability of qualified 
     health insurance coverage to all eligible individuals 
     residing in the State, a safety net shall be established in 
     accordance with the requirements of the ``Model Health Plan 
     For Uninsurable Individuals Act'' (or the successor model 
     Act), as adopted by the National Association of Insurance 
     Commissioners and as in effect on the date of the safety 
     net's establishment.
       (b) Deadline.--Safety nets required under subsection (a) 
     shall be established not later than January 1, 2002.
       (c) Waiver.--This subtitle shall not apply in the case of 
     insurers and organizations operating in a State if the State 
     has established a similar comprehensive health insurance 
     program that assures the availability of qualified health 
     insurance coverage to all eligible individuals residing in 
     the State.
       (d) Recommendation for Compliance Requirement.--Not later 
     than January 1, 2003, the Secretary of Health and Human 
     Services shall submit to Congress a recommendation on 
     appropriate sanctions for States that fail to meet the 
     requirement of subsection (a).

     SEC. __12. UNINSURABLE INDIVIDUALS ELIGIBLE FOR COVERAGE.

       (a) Uninsurable and Eligible Individual Defined.--In this 
     subtitle:
       (1) Uninsurable individual.--The term ``uninsurable 
     individual'' means, with respect to a State, an eligible 
     individual who presents proof of uninsurability by a private 
     insurer in accordance with subsection (b) or proof of a 
     condition previously recognized as uninsurable by the State.
       (2) Eligible individual.--
       (A) In general.--The term ``eligible individual'' means, 
     with respect to a State, a citizen or national of the United 
     States (or an alien lawfully admitted for permanent 
     residence) who is a resident of the State for at least 90 
     days and includes any dependent (as defined for purposes of 
     the Internal Revenue Code of 1986) of such a citizen, 
     national, or alien who also is such a resident.
       (B) Exception.--An individual is not an ``eligible 
     individual'' if the individual--
       (i) is covered by or eligible for benefits under a State 
     medicaid plan approved under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.),
       (ii) has voluntarily terminated safety net coverage within 
     the past 6 months,
       (iii) has received the maximum benefit payable under the 
     safety net,
       (iv) is an inmate in a public institution, or
       (v) is eligible for other public or private health care 
     programs (including programs that pay for directly, or 
     reimburse, otherwise eligible individuals with premiums 
     charged for safety net coverage).
       (b) Proof of Uninsurability.--
       (1) In general.--The proof of uninsurability for an 
     individual shall be in the form of--
       (A) a notice of rejection or refusal to issue substantially 
     similar health insurance for health reasons by one insurer; 
     or
       (B) a notice of refusal by an insurer to issue 
     substantially similar health insurance except at a rate in 
     excess of the rate applicable to the individual under the 
     safety net plan.

     For purposes of this paragraph, the term ``health insurance'' 
     does not include insurance consisting only of stoploss, 
     excess of loss, or reinsurance coverage.
       (2) Exception for individuals with uninsurable 
     conditions.--The State shall promulgate a list of medical or 
     health conditions for which an individual shall be eligible 
     for safety net plan coverage without applying for health 
     insurance or establishing proof of uninsurability under 
     paragraph (1). Individuals who can demonstrate the existence 
     or history of any medical or health conditions on such list 
     shall not be required to provide the proof described in 
     paragraph (1). The list shall be effective on the first day 
     of the operation of the safety net plan and may be amended 
     from time to time as may be appropriate.

     SEC. __13. QUALIFIED HEALTH INSURANCE COVERAGE UNDER SAFETY 
                   NET.

       In this subtitle, the term ``qualified health insurance 
     coverage'' means, with respect to a State, health insurance 
     coverage that provides benefits typical of major medical 
     insurance available in the individual health insurance market 
     in such State.

     SEC. __14. FUNDING OF SAFETY NET.

       (a) Limitations on Premiums.--
       (1) In general.--The premium established under a safety net 
     may not exceed 125 percent of the applicable standard risk 
     rate, except as provided in paragraph (2).
       (2) Surcharge for avoidable health risks.--A safety net may 
     impose a surcharge on premiums for individuals with avoidable 
     high risks, such as smoking.
       (b) Additional Funding.--A safety net shall provide for 
     additional funding through an assessment on all health 
     insurers, health service organizations, and health 
     maintenance organizations in the State through a nonprofit 
     association consisting of all such insurers and organizations 
     doing business in the State on an equitable and pro rata 
     basis consistent with section __11.

     SEC. __15. ADMINISTRATION.

       A safety net in a State shall be administered through a 
     contract with 1 or more insurers or third party 
     administrators operating in the State.

     SEC. __16. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to reimburse States for their costs in 
     administering this subtitle.
                                  ____

  SA 816. Mr. BOND proposed an amendment to the bill S. 1052, to

[[Page 11884]]

amend the Public Health Service Act and the Employee Retirement Income 
Security Act of 1974 to protect consumers in managed care plans and 
other health coverage; as follows:

       On page 179, after line 14, add the following:

     SEC. __. ANNUAL REVIEW.

       (a) In General.--Not later than 24 months after the general 
     effective date referred to in section 401(a)(1), and annually 
     thereafter for each of the succeeding 4 calendar years (or 
     until a repeal is effective under subsection (b)), the 
     Secretary of Health and Human Services shall request that the 
     Institute of Medicine of the National Academy of Sciences 
     prepare and submit to the appropriate committees of Congress 
     a report concerning the impact of this Act, and the 
     amendments made by this Act, on the number of individuals in 
     the United States with health insurance coverage.
       (b) Limitation With Respect to Certain Plans.--If the 
     Secretary, in any report submitted under subsection (a), 
     determines that more than 1,000,000 individuals in the United 
     States have lost their health insurance coverage as a result 
     of the enactment of this Act, as compared to the number of 
     individuals with health insurance coverage in the 12-month 
     period preceding the date of enactment of this Act, section 
     302 of this Act shall be repealed effective on the date that 
     is 12 month after the date on which the report is submitted, 
     and the submission of any further reports under subsection 
     (a) shall not be required.
       (c) Funding.--From funds appropriated to the Department of 
     Health and Human Services for fiscal years 2003 and 2004, the 
     Secretary of Health and Human Services shall provide for such 
     funding as the Secretary determines necessary for the conduct 
     of the study of the National Academy of Sciences under this 
     section.
                                  ____

  SA 817. Mr. ALLARD (for himself, Mr. Bond, Mr. Santorum, and Mr. 
Nickles) proposed an amendment to the bill S. 1052, to amend the Public 
Health Service Act and the Employee Retirement Income Security Act of 
1974 to protect consumers in managed care plans and other health 
coverage; as follows:

       On page 148, between lines 23 and 24, insert the following:
       ``(D) Exclusion of small employers.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, in addition to excluding certain physicians, 
     other health care professionals, and certain hospitals from 
     liability under paragraph (1), paragraph (1)(A) does not 
     create any liability on the part of a small employer (or on 
     the part of an employee of such an employer acting within the 
     scope of employment).
       ``(ii) Definition.--In clause (i), the term `small 
     employer' means an employer--

       ``(I) that, during the calendar year preceding the calendar 
     year for which a determination under this subparagraph is 
     being made, employed an average of at least 2 but not more 
     than 50 employees on business days; and
       ``(II) maintaining the plan involved that is acting, 
     serving, or functioning as a fiduciary, trustee or plan 
     administrator, including--

       ``(aa) a small employer described in section 3(16)(B)(i) 
     with respect to a plan maintained by a single employer; and
       ``(bb) one or more small employers or employee 
     organizations described in section 3(16)(B)(iii) in the case 
     of a multi-employer plan.
       ``(iii) Application of certain rules in determination of 
     employer size.--For purposes of this subparagraph:

       ``(I) Application of aggregation rule for employers.--All 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986 shall be treated as 1 employer.
       ``(II) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(III) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.

       On page 165, between lines 14 and 15, insert the following:
       ``(D) Exclusion of small employers.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, in addition to excluding certain physicians, 
     other health care professionals, and certain hospitals from 
     liability under paragraph (1), paragraph (1)(A) does not 
     create any liability on the part of a small employer (or on 
     the part of an employee of such an employer acting within the 
     scope of employment).
       ``(ii) Definition.--In clause (i), the term `small 
     employer' means an employer--

       ``(I) that, during the calendar year preceding the calendar 
     year for which a determination under this subparagraph is 
     being made, employed an average of at least 2 but not more 
     than 50 employees on business days; and
       ``(II) maintaining the plan involved that is acting, 
     serving, or functioning as a fiduciary, trustee or plan 
     administrator, including--

       ``(aa) a small employer described in section 3(16)(B)(i) 
     with respect to a plan maintained by a single employer; and
       ``(bb) one or more small employers or employee 
     organizations described in section 3(16)(B)(iii) in the case 
     of a multi-employer plan.
       ``(iii) Application of certain rules in determination of 
     employer size.--For purposes of this subparagraph:

       ``(I) Application of aggregation rule for employers.--All 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 of the Internal Revenue Code 
     of 1986 shall be treated as 1 employer.
       ``(II) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the preceding calendar year, the determination of whether 
     such employer is a small employer shall be based on the 
     average number of employees that it is reasonably expected 
     such employer will employ on business days in the current 
     calendar year.
       ``(III) Predecessors.--Any reference in this paragraph to 
     an employer shall include a reference to any predecessor of 
     such employer.
                                  ____


  SA 818. Mr. KYL (for himself, Mr. Nelson of Nebraska, and Mr. 
Nickles) proposed an amendment to the bill S. 1052, to amend the Public 
Health Service Act and the Employee Retirement Income Security Act of 
1974 to protect consumers in managed care plans and other health 
coverage; as follows:

       Beginning on page 35, strike line 20 and all that follows 
     through line 8 on page 36, and insert the following:
       (C) No coverage for excluded benefits.--Nothing in this 
     subsection shall be construed to permit an independent 
     medical reviewer to require that a group health plan, or 
     health insurance issuer offering health insurance coverage in 
     connection with a group health plan, provide coverage for 
     items or services that are specifically excluded or expressly 
     limited under the plan or coverage and that are disclosed 
     under subparagraphs (C) and (D) of section 121(b)(1) and that 
     are not covered regardless of any determination relating to 
     medical necessity and appropriateness, experimental or 
     investigational nature of the treatment, or an evaluation of 
     the medical facts in the case involved.
       On page 37, line 16, strike ``and''.
       On page 37, line 25, strike the period and insert ``; 
     and''.
       On page 37, after line 25, add the following:
       ``(iii) notwithstanding clause (ii), adhere to the 
     definition used by the plan or issuer of `medically necessary 
     and appropriate', or `experimental or investigational' if 
     such definition is the same as either--

       ``(I) in the case of a plan or coverage that is offered in 
     a State that requires the plan or coverage to use a 
     definition of such term for purposes of health insurance 
     coverage offered to participants, beneficiaries and enrollees 
     in such State, the definition of such term that is required 
     by that State;
       ``(II) a definition that determines whether the provision 
     of services, drugs, supplies, or equipment--

       ``(aa) is appropriate to prevent, diagnose, or treat the 
     condition, illness, or injury;
       ``(bb) is consistent with standards of good medical 
     practice in the United States;
       ``(cc) is not primarily for the personal comfort or 
     convenience of the patient, the family, or the provider;
       ``(dd) is not part of or associated with scholastic 
     education or the vocational training of the patient; and
       ``(ee) in the case of inpatient care, cannot be provided 
     safely on an outpatient basis;

     except that this subclause shall not apply beginning on the 
     date that is 1 year after the date on which a definition is 
     promulgated based on a report that is published under 
     subsection (i)(6)(B); or
       ``(III) the definition of such term that is developed 
     through a negotiated rulemaking process pursuant to 
     subsection (i).

       On page 66, between lines 10 and 11, insert the following:
       ``(i) Establishment of Negotiated Rulemaking Safe Harbor.--
       ``(1) In general.--The Secretary shall establish, on an 
     expedited basis and using a negotiated rulemaking process 
     under subchapter III of chapter 5 of title 5, United States 
     Code, standards described in subsection (d)(3)(E)(iii)(IV) 
     (relating to the definition of `medically necessary and 
     appropriate' or `experimental or investigational') that group 
     health plans and health insurance issuers offering health 
     insurance coverage in connection with group health plans may 
     use when making a determination with respect to a claim for 
     benefits.
       ``(2) Publication of notice.--In carrying out the 
     rulemaking process under paragraph (1), the Secretary shall, 
     not later than November 30, 2002, publish a notice of the 
     establishment of a negotiated rulemaking committee, as 
     provided for under section 564(a) of title 5, United States 
     Code, to develop the standards described in paragraph (1). 
     Such notice shall include a solicitation for public

[[Page 11885]]

     comment on the committee and description of--
       ``(A) the scope of the committee;
       ``(B) the interests that may be impacted by the standards;
       ``(C) the proposed membership of the committee;
       ``(D) the proposed meeting schedule of the committee; and
       ``(E) the procedure under which an individual may apply for 
     membership on the committee.
       ``(3) Target date for publication of rule.--As part of the 
     notice described in paragraph (2), and for purposes of this 
     subsection, the term `target date for publication' (as 
     referred to in section 564(a)(5) of title 5, United States 
     Code, means May 15, 2003.
       ``(4) Abbreviated period for submission of comments.--
     Notwithstanding section 564(c) of title 5, United States 
     Code, the Secretary shall provide for a period, beginning on 
     the date on which the notice is published under paragraph (2) 
     and ending on December 14, 2002, for the submission of public 
     comments on the committee under this subsection.
       ``(5) Appointment of negotiated rulemaking committee and 
     facilitator.--The Secretary shall carry out the following:
       ``(A) Appointment of committee.--Not later than January 10, 
     2003, appoint the members of the negotiated rulemaking 
     committee under this subsection.
       ``(B) Facilitator.--Not later than January 21, 2002, 
     provide for the nomination of a facilitator under section 
     566(c) of title 5, United States Code, to carry out the 
     activities described in subsection (d) of such section.
       ``(C) Membership.--Ensure that the membership of the 
     negotiated rulemaking committee includes at least one 
     individual representing--
       ``(i) health care consumers;
       ``(ii) small employers;
       ``(iii) large employers;
       ``(iv) physicians;
       ``(v) hospitals;
       ``(vi) other health care providers;
       ``(vii) health insurance issuers;
       ``(viii) State insurance regulators;
       ``(ix) health maintenance organizations;
       ``(x) third-party administrators;
       ``(xi) the medicare program under title XVIII of the Social 
     Security Act;
       ``(xii) the medicaid program under title XIX of the Social 
     Security Act;
       ``(xiii) the Federal Employees Health Benefits Program 
     under chapter 89 of title 5, United States Code;
       ``(xiv) the Department of Defense;
       ``(xv) the Department of Veterans' Affairs; and
       ``(xvi) the Agency for Healthcare Research and Quality.
       ``(6) Final committee report.--
       ``(A) In general.--Not later than 1 year after the general 
     effective date referred to in section 401, the committee 
     shall submit to the Secretary a report containing a proposed 
     rule.
       ``(B) Publication of rule.--If the Secretary receives a 
     report under subparagraph (A), the Secretary shall provide 
     for the publication in the Federal Register, by not later 
     than the date that is 30 days after the date on which such 
     report is received, of the proposed rule.
       ``(7) Failure to report.--If the committee fails to submit 
     a report as provided for in paragraph (6)(A), the Secretary 
     may promulgate a rule to establish the standards described in 
     subsection (d)(3)(E)(iii)(IV) (relating to the definition of 
     `medically necessary and appropriate' or `experimental or 
     investigational') that group health plans and health 
     insurance issuers offering health insurance coverage in 
     connection with group health plans may use when making a 
     determination with respect to a claim for benefits.

                          ____________________



                    AUTHORITY FOR COMMITTEES TO MEET


            committee on banking, housing, and urban affairs

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Banking, Housing, and Urban Affairs be authorized to meet 
during the session of the Senate on June 26, 2001, to conduct a hearing 
on the nomination of Donald E. Powell, of Texas, to be Chairman of the 
Board of Directors of the Federal Deposit Insurance Corporation.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Commerce, Science, and Transportation be authorized to 
meet on Tuesday, June 26, 2001, at 9:30 am on the nominations of Sam 
Bodman (DOC), Allan Rutter (FRA), Kirk Van Tine (DOT), and Ellen 
Engleman (DOT).
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on energy and natural resources

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Energy and Natural Resources be authorized to meet during 
the session of the Senate on Tuesday, June 26 at 9:30 a.m. to conduct a 
hearing. The committee will receive testimony on proposed amendments to 
the Price-Anderson Act (Subtitle A of Title IV of S. 388; Subtitle A of 
Title I of S. 472; Title IX of S. 597) and nuclear energy production 
and efficiency incentives (Subtitle C of Title IV of S. 388; and 
Section 124 of S. 472).
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Finance be authorized to meet during the session of the 
Senate on Tuesday, June 26, 2001 to hear testimony on the U.S. Vietnam 
Bilateral Trade Agreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be authorized to meet during the session 
of the Senate on Tuesday, June 26, 2001 at 2:30 p.m. to hold a 
nomination hearing as follows:


                                nominees

  Panel 1: The Honorable Margaret DeBardeleben Tutwiler, of Alabama, to 
be Ambassador to the Kingdom of Morocco.
  The Honorable C. David Welch, of Virginia, to be Ambassador to the 
Arab Republic of Egypt.
  The Honorable Daniel C. Kurtzer, of Maryland, to be Ambassador to 
Israel.
  Panel 2: The Honorable Robert D. Blackwill, of Kansas, to be 
Ambassador to India.
  The Honorable Wendy Jean Chamberlin, of Virginia, to be Ambassador to 
the Islamic Republic of Pakistan.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Committee on Indian Affairs

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on Indian Affairs be authorized to meet on June 26, 2001, at 
10:30 a.m. in room 485 Russell Senate Building to conduct a Hearing to 
receive testimony on the goals and priorities of the Great Plains 
Tribes for the 107th session of the Congress.
  The PRESIDING OFFICER. Without objection, it is so ordered.


      Subcommittee on the Administrative Oversight and the Courts

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary Subcommittee on the Constitution be 
authorized to meet to conduct a hearing on ``Should Ideology Matter? 
Judicial Nominations 2001'' on Tuesday, June 26, 2001 at 10:00 a.m. in 
SD226. No witness list is available yet.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Permanent Subcommittee on Investigations

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Permanent Subcommittee on Investigations of the Committee on 
Governmental Affairs be authorized to meet on Tuesday, June 26, 2001, 
at 10:00 a.m. for a hearing entitled ``Diabetes: Is Sufficient Funding 
Being Allocated To Fight This Disease?''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       SUBCOMMITTEE ON STRATEGIC

  Mr. KENNEDY. Mr. President, I ask unanimous consent that the 
Subcommittee on Strategic of the Committee on Armed Services be 
authorized to meet during the session of the Senate on Tuesday, June 
26, 2001, at 10:00 a.m., in open session to receive testimony on the 
Department of Energy's fiscal year 2002 budget request for the Office 
of Environmental Management, in review of the Defense authorization 
request for fiscal year 2002 and the future years defense program.
  The PRESIDING OFFICER. Without objection, it is so ordered.




                          ____________________


[[Page 11886]]

                         PRIVILEGE OF THE FLOOR

  Mrs. CLINTON. Mr. President, I ask unanimous consent that Dr. Mary 
Catherine Beach, a legislative fellow in my office, be granted the 
privilege of the floor for the duration of the debate on S. 1052, the 
McCain-Edwards-Kennedy Patients' Bill of Rights.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                  ORDERS FOR WEDNESDAY, JUNE 27, 2001

  Mr. REID. Mr. President, I ask unanimous consent that when the Senate 
completes its business today, it adjourn until the hour of 9:30 a.m. on 
Wednesday, June 27. Further, I ask consent that on Wednesday, 
immediately following the prayer and the pledge, the Journal of 
Proceedings be approved to date, the morning hour be deemed expired, 
the time for the two leaders be reserved for their use later in the 
day, and the Senate resume consideration of the Patients' Bill of 
Rights.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                                PROGRAM

  Mr. REID. Mr. President, the Senate will convene at 9:30 a.m. and 
resume consideration of the Patients' Bill of Rights. There is 1 hour 
of debate on the Allard amendment regarding small employers, followed 
by a vote in relation to the amendment at approximately 10:30 a.m.
  Following the Allard vote, there will be 1 hour of debate on the 
Nelson-Kyl amendment regarding contracts, followed by a vote in 
relation to the amendment. Following disposition of the Nelson-Kyl 
amendment, we expect Senator Edwards or his designee to be recognized 
to offer an amendment regarding medical necessity.
  We are going to conclude consideration of Patients' Bill of Rights, I 
have been told on more than one occasion today by the majority leader, 
this week. We will also complete the supplemental appropriations bill 
and the good work that has been done preliminarily by Senators Byrd and 
Stevens. This is something we will be able to do without requiring a 
lot of time. Then we wish to complete the organizational resolution 
that has been pending for several weeks.

                          ____________________



                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  Mr. REID. If there is no further business to come before the Senate, 
I ask unanimous consent that the Senate stand in adjournment under the 
previous order.
  There being no objection, the Senate at 8:22 p.m., adjourned until 
Wednesday, June 27, 2001, at 9:30 a.m.

                          ____________________



                              NOMINATIONS

  Executive nominations received by the Senate June 26, 2001:


                      DEPARTMENT OF TRANSPORTATION

       JEFFREY WILLIAM RUNGE, OF NORTH CAROLINA, TO BE 
     ADMINISTRATOR OF THE NATIONAL HIGHWAY TRAFFIC SAFETY 
     ADMINISTRATION, VICE SUE BAILEY.


                         DEPARTMENT OF COMMERCE

       NANCY VICTORY, OF VIRGINIA, TO BE ASSISTANT SECRETARY OF 
     COMMERCE FOR COMMUNICATIONS AND INFORMATION, VICE GREGORY 
     ROHDE, RESIGNED.


                       DEPARTMENT OF THE TREASURY

       ROBERT C. BONNER, OF CALIFORNIA, TO BE COMMISSIONER OF 
     CUSTOMS, VICE RAYMOND W. KELLY, RESIGNED.
       ROSARIO MARIN, OF CALIFORNIA, TO BE TREASURER OF THE UNITED 
     STATES, VICE MARY ELLEN WITHROW, RESIGNED.


                          DEPARTMENT OF STATE

       ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE PERMANENT 
     REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE 
     ORGANIZATION OF AMERICAN STATES, WITH THE RANK OF AMBASSADOR, 
     VICE LUIS J. LAUREDO.
       JEANNE L. PHILLIPS, OF TEXAS, TO BE REPRESENTATIVE OF THE 
     UNITED STATES OF AMERICA TO THE ORGANIZATION FOR ECONOMIC 
     COOPERATION AND DEVELOPMENT, WITH THE RANK OF AMBASSADOR, 
     VICE AMY L. BONDURANT.


                          IN THE MARINE CORPS

       THE FOLLOWING NAMED OFFICER FOR REAPPOINTMENT IN THE UNITED 
     STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO 
     A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. EARL B. HAILSTON, 0000



             CONGRESSIONAL RECORD 

                United States
                 of America


June 26, 2001


[[Page 11887]]

            HOUSE OF REPRESENTATIVES--Tuesday, June 26, 2001

  The House met at 9 a.m. and was called to order by the Speaker pro 
tempore (Mr. Culberson).

                          ____________________



                   DESIGNATION OF SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                    June 26, 2001.
       I hereby appoint the Honorable John Abney Culberson to act 
     as Speaker pro tempore on this day.
                                                J. Dennis Hastert,
     Speaker of the House of Representatives.

                          ____________________



                          MORNING HOUR DEBATES

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 3, 2001, the Chair will now recognize Members from lists 
submitted by the majority and minority leaders for morning hour 
debates. The Chair will alternate recognition between the parties, with 
each party limited to not to exceed 25 minutes, and each Member, except 
the majority leader, the minority leader, or the minority whip, limited 
to not to exceed 5 minutes, but in no event shall debate extend beyond 
9:50 a.m.
  The Chair recognizes the gentleman from Oregon (Mr. Blumenauer) for 5 
minutes.

                          ____________________



                             PROJECT IMPACT

  Mr. BLUMENAUER. Mr. Speaker, numerous natural events of the past few 
months, including the earthquake in the State of Washington and 
Tropical Storm Allison of just recent days in Texas and Louisiana, have 
underscored our need for disaster preparedness.
  What we have learned from these events is that we can in fact save 
lives and money by making investments up front to protect our 
communities. What we have learned is that what we do in the beginning 
by hardening the sites, preparing people's responses, moving out of 
harm's way, has an overwhelming payback, a payback not just in money 
but in lives saved and injury and human misery avoided.
  As was pointed out in yesterday's Washington Post, spending money in 
disaster mitigation pays off. It has often been cited that in the great 
flood of 1993, Charles County, Missouri, suffered $26 million in 
damages. However, the same area, after a significant buyout and a 
similar flood 2 years later, caused only $300,000 in damage.
  Our friends at the Federal Emergency Management Agency believe that 
in the past 8 years the buyout programs of the Federal government have 
received a 200 percent rate of return in investment in disaster 
mitigation.
  It is frustrating that, in the wake of these tragedies, the Bush 
administration and its Office of Management and Budget have proposed 
cutting funds for several of these Federal mitigation programs, 
including FEMA's Project Impact.
  Mr. Speaker, I have had significant opportunity to interact with the 
men and women working with Project Impact. This was one of the 
creations of former Director James Lee Witt that has in fact earned him 
international recognition.
  I have seen that, contrary to the administration's assertion that 
Project Impact has not proven effective, I have seen Project Impact 
leverage even a modest Federal investment in my own community to be a 
lynchpin for additional commercial investments, as well as careful 
planning and consideration by local government.
  I had an opportunity last fall to address the Conference of Project 
Impact Volunteers. One of the most important aspects of this program is 
the development of the human infrastructure to aid in disaster 
mitigation. It is hard to imagine a Federal investment doing more than 
to produce these dedicated volunteers making the difference in making 
these programs work.
  Project Impact is not a grant program. It provides seed money to 
build disaster-resistant communities. It is a commonsense approach to 
help communities protect themselves. It offers expertise and technical 
assistance. It puts the latest technology and mitigation practices into 
the hands of local communities, and most important, it brings people 
together to understand how they can solve their own problems.
  Started just 5 years ago with seven pilot projects across the 
country, there are now 2,500 Project Impact business partners, 
including Federal agencies like NASA, that are working in 250 Project 
Impact communities.
  Mr. Speaker, Joe Allbaugh, a longtime friend and Bush appointee, the 
new Director of FEMA, has pointed out that he is deeply impressed by 
the ``swift and tangible results,'' his words, of buy-out programs and 
other efforts to mitigate the cost of disasters before they strike. I 
know from the news accounts that he has taken his budget concerns to 
the bean-counters at OMB who need to understand the potential benefits 
of continuing this program.
  I must commend the Bush administration for understanding the 
potential of using reform in other contexts. I appreciate and applaud 
their putting money in the budget that signifies reform of the National 
Flood Insurance Program.
  The gentleman from Nebraska (Mr. Bereuter) and I for the last 2 years 
have been working to reform the flood insurance program so it is no 
longer subsidizing people to live in areas where it is repeatedly shown 
that it is dangerous and inappropriate.
  I hope the administration will build on this notion of reform that 
they are proposing in flood insurance and carry it over in Project 
Impact. We cannot afford to lose it.

                          ____________________



                                 RECESS

  The SPEAKER pro tempore. There being no further requests for morning 
hour debates, pursuant to clause 12, rule I, the House will stand in 
recess until 10 a.m.
  Accordingly (at 9 o'clock and 8 minutes a.m.) the House stood in 
recess until 10 a.m.

                          ____________________


                              {time}  1000




                              AFTER RECESS

  The recess having expired, the House was called to order at 10 a.m.

                          ____________________



                                 PRAYER

  The Reverend Lawson Anderson, Canon Pastor, Episcopal Diocese of 
Arkansas, Little Rock, Arkansas, offered the following prayer:
  Let us pray. Gracious God, as we prepare in the week ahead to 
celebrate the anniversary of the founding of this Republic, we commend 
this Nation to Your merciful care. We pray that being guided by Your 
providence we may live securely in Your peace.
  Grant to the President of the United States, to the Members of this 
Congress, and to all in authority wisdom and strength to know and to do 
Your will. Fill them with the love of truth and righteousness and make 
them ever mindful of their calling to serve this country in Your fear. 
Guide them as they shape the laws for maintaining a just and effective 
plan for our government.

[[Page 11888]]

  Give to all of us open minds and caring hearts and a firm commitment 
to the principles of freedom and tolerance established by our Nation's 
founders and defended by countless patriots throughout our history.
  Help us to stamp out hatred and bigotry, to embrace the love and 
concern for others that You have clearly shown to be Your will for all 
mankind. Bring peace in our time, O Lord, and give us the courage to 
help You do it.
  For we ask this in Your name. Amen.

                          ____________________



                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.
  Mr. ISAKSON. Mr. Speaker, pursuant to clause 1, rule I, I demand a 
vote on agreeing to the Speaker's approval of the Journal.
  The SPEAKER. The question is on the Speaker's approval of the 
Journal.
  The question was taken; and the Speaker announced that the ayes 
appeared to have it.
  Mr. ISAKSON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER. Pursuant to clause 8, rule XX, further proceedings on 
this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________



                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentleman from New York (Mr. McNulty) come 
forward and lead the House in the Pledge of Allegiance.
  Mr. McNULTY led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________



          WELCOME TO REVEREND LAWSON ANDERSON, GUEST CHAPLAIN

  (Mr. HUTCHINSON asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. HUTCHINSON. Mr. Speaker, it is with great pleasure that I welcome 
Reverend Lawson Anderson to the House floor and thank him for such an 
encouraging opening prayer.
  Reverend Anderson is a lifelong resident of Arkansas and thousands 
have been blessed with his compassion and support in times of crisis. 
He is well-known for his wisdom, his wonderful wit, and his easy manner 
in any situation. After successful careers in forestry and banking, 
Lawson was called to the ministry and has served Episcopal 
congregations in Springdale, Newport, and North Little Rock.
  In his life, Lawson reflects a true commitment to helping and 
encouraging others; from prison ministries to respite care for the 
elderly; from youth services to mental health; from crisis to crime 
prevention.
  After 25 years of ministry, he continues his work. He has provided 
support and counseling to law enforcement officials, educators, and 
health professionals following the tragic school shootings in Jonesboro 
and the tornadoes in Central Arkansas.
  He has served his community, his State, and his Nation with honor and 
compassion. While he reminds me that he is here today not to be praised 
but to pray, I am honored to have him pray with us today and to 
recognize the work he has done for the people of Arkansas.

                          ____________________



                              THE JOURNAL

  The SPEAKER. Pursuant to clause 8, rule XX, the pending business is 
the question of the Speaker's approval of the Journal of the last day's 
proceedings.
  The question was taken; and the Speaker announced that the ayes 
appeared to have it.
  Mr. ISAKSON. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.


                      Announcement by the Speaker

  The SPEAKER (during the vote). The Chair would like the Members' 
attention.
  The Chair is advised that one column of the lights on the voting 
display panel is inoperative at this moment but that all those Members 
are being recorded. Members should verify their votes.
  The vote was taken by electronic device, and there were--yeas 346 
nays 45, answered ``present'' 1, not voting 40, as follows:

                             [Roll No. 189]

                               YEAS--346

     Abercrombie
     Ackerman
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boswell
     Boyd
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clayton
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Coyne
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Ferguson
     Flake
     Fletcher
     Foley
     Ford
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hill
     Hilleary
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Keller
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Mink
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pascrell
     Pastor
     Paul
     Pence
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Pombo
     Pomeroy
     Portman
     Quinn
     Radanovich
     Rahall
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Royce
     Rush
     Ryan (WI)
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Sununu
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Traficant
     Turner
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)

[[Page 11889]]


     Weldon (FL)
     Weldon (PA)
     Wexler
     Whitfield
     Wilson
     Wolf
     Woolsey
     Wynn
     Young (FL)

                                NAYS--45

     Aderholt
     Baird
     Bishop
     Bonior
     Borski
     Brady (PA)
     Capuano
     Costello
     DeFazio
     Filner
     Gutknecht
     Hastings (FL)
     Hefley
     Hilliard
     Holt
     Kelly
     Kennedy (MN)
     Kingston
     Kucinich
     Latham
     Lewis (GA)
     LoBiondo
     McDermott
     Menendez
     Moore
     Oberstar
     Pallone
     Peterson (MN)
     Ramstad
     Sabo
     Sanchez
     Schaffer
     Stupak
     Sweeney
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Weller
     Wicker
     Wu

                        ANSWERED ``PRESENT''--1

       
     Tancredo
       

                             NOT VOTING--40

     Boucher
     Burton
     Clay
     Clement
     Cox
     Crane
     Cummings
     Doolittle
     Doyle
     Fattah
     Fossella
     Herger
     Hinchey
     Hinojosa
     Istook
     John
     Kaptur
     Largent
     Larsen (WA)
     LaTourette
     Lipinski
     Maloney (CT)
     Owens
     Payne
     Pelosi
     Platts
     Price (NC)
     Pryce (OH)
     Putnam
     Roybal-Allard
     Ryun (KS)
     Sanders
     Schakowsky
     Slaughter
     Smith (MI)
     Toomey
     Towns
     Waxman
     Weiner
     Young (AK)

                              {time}  1031

  So the Journal was approved.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. MALONEY of Connecticut. Mr. Speaker, today I was unavoidably 
detained and missed rollcall vote No. 189. Had I been present, I would 
have voted ``yea'' on rollcall No. 189.

                          ____________________



               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER laid before the House the following communication from 
the Clerk of the House of Representatives:

                                              Office of the Clerk,


                                     House of Representatives,

                                    Washington, DC, June 25, 2001.
     Hon. J. Dennis Hastert,
     The Speaker, House of Representatives, Washington, DC.
       Dear Mr. Speaker: I have the honor to transmit herewith a 
     facsimile copy of a Certificate of Election received from the 
     State Board of Elections, Commonwealth of Virginia, Mr. 
     Linwood M. Cobbs, Chairman, indicating that, on examination 
     of the Official Abstracts of Votes on file in that office for 
     the special election held June 19, 2001, the Honorable J. 
     Randy Forbes was duly elected Representative in Congress for 
     the Fourth Congressional District, Commonwealth of Virginia.
       With best wishes, I am,
           Sincerely,
     Jeff Trandahl.

                          ____________________



SWEARING IN OF THE HONORABLE J. RANDY FORBES, OF VIRGINIA, AS A MEMBER 
                              OF THE HOUSE

  The SPEAKER. Will the Member-elect and the Members of the Virginia 
delegation present themselves in the well.
  Mr. FORBES appeared at the bar of the House and took the oath of 
office, as follows:
  Do you solemnly swear that you will support and defend the 
Constitution of the United States against all enemies, foreign and 
domestic; that you will bear true faith and allegiance to the same; 
that you take this obligation freely, without any mental reservation or 
purpose of evasion, and that you will well and faithfully discharge the 
duties of the office on which you are about to enter. So help you God.
  The SPEAKER. Congratulations, you are now a Member of the 107th 
Congress.

                          ____________________



WELCOMING THE HONORABLE J. RANDY FORBES TO THE HOUSE OF REPRESENTATIVES

  (Mr. WOLF asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WOLF. Mr. Speaker, it is my pleasure to welcome the newest Member 
of the House, Randy Forbes, of Chesapeake, Virginia.
  Randy won a hard-fought battle to represent the Fourth District of 
Virginia, which was represented by our former colleague and very, very 
good friend, Norman Sisisky, for the last 18 years.
  Randy comes to Congress with a strong legislative background. He has 
served in the Virginia General Assembly since 1990, first as a member 
of the House of Delegates, then as a State senator since 1997. He held 
leadership positions in both bodies.
  Randy also has served as the chairman of the Republican Party of 
Virginia. He had tremendous success recruiting candidates and is 
credited with helping Republicans take control of the Virginia House of 
Delegates for the first time in modern history.
  While in the General Assembly, Randy was a leader in the 
Commonwealth's drive to abolish parole and enact truth-in-sentencing 
laws. He was the chief patron of a bill that allows teachers to enforce 
discipline in their classrooms without fear of being sued. And he led 
the effort to create a school construction grants program to assist 
localities with the skyrocketing costs of building new schools to help 
reduce classroom overcrowding.
  I have known Randy for a long time. He is good, he is honest, he is 
ethical, he is decent, he is moral. He is a very capable legislator. I 
know he will be an outstanding addition to the United States Congress. 
He has a longstanding relationship with a number of other Members, 
particularly with those of us from the Virginia delegation and will 
have no trouble at all adapting to how things are done here in 
Congress.
  Randy earned his law degree from the University of Virginia and was 
the valedictorian of his 1974 graduating class at Randolph-Macon 
College. He and his wife of 22 years, Shirley, live in Chesapeake, 
Virginia. They have four children.
  Mr. Speaker, it is my pleasure to welcome Randy to the United States 
Congress. Joining us today are Senator John W. Warner and Senator 
George Allen. I, along with my other colleagues from Virginia and 
across the country, look forward to working with you.

                          ____________________



              EXPRESSING GRATITUDE ON ELECTION TO CONGRESS

  (Mr. FORBES asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. FORBES. Mr. Speaker, I can think of no honor greater than the 
privilege of joining the men and women of this body for whom I have 
such great respect. I want to personally thank you, the congressional 
leadership, and those men and women on both sides of the aisle who have 
been so gracious in assisting us in our quick transition to this new 
office.
  Mr. Speaker, I am also aware that I will benefit greatly by standing 
on the shoulders of a great legislator, Norman Sisisky, who worked 
tirelessly for his constituents for over 18 years. Since he is no 
longer with us, and I cannot thank him personally, I would like to 
thank his family and his staff for the service his office has provided 
over the years.
  Mr. Speaker, I also want to thank all the people of the Fourth 
Congressional District for giving me their trust and confidence. I 
particularly want to thank my wife, Shirley, my children, family, 
friends and supporters for all their help. I promise to each of you 
that I will give all my energy, all my ability, and all my passion to 
representing the ideals of this Congress and of fulfilling the hopes, 
dreams and needs of the people of the Fourth Congressional District of 
Virginia.
  Mr. Speaker, last but certainly not least, I am grateful to the Lord 
for giving me the wonderful gift of living in the greatest Nation on 
the face of the earth. I will continue to pray that God will give me 
the wisdom and strength to serve the men and women of the fourth 
district and that He will continue to bless this great Nation.

                          ____________________



       REPUBLICANS TRIUMPH IN ANNUAL CONGRESSIONAL BASEBALL GAME

  (Mr. OXLEY asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. OXLEY. Mr. Speaker, today is the day of bragging rights for the 
congressional baseball game. I am proud to

[[Page 11890]]

announce that the Republican team won 9 to 1 on Thursday night. I want 
to thank Martin Sabo and all the Democrat participants as well as our 
own team for a wonderful game. We had over 3,000 people come out to the 
Baysox ballpark for the game and raised over $90,000 for charity, the 
Washington Literacy Council and the Boys and Girls Club of Washington.
  We are very, very proud of that. This is a great tradition. This is 
the 40th congressional game in the modern era. I want to thank 
everybody who participated.
  I thought I would immortalize this year's game in poetry so it goes 
down in the literary, as well as the sports, annals and, in the 
process, raising the level of culture a little bit in this great 
Chamber.
  Many of my colleagues may remember this famous poem by Gerald Hern on 
the old Boston Braves pitching stars, Warren Spahn and Johnny Sain. 
They were the team's only two reliable pitchers:

     First we'll use Spahn
     and then we'll use Sain.
     Then an off day
     followed by rain.
     Back will come Spahn
     followed by Sain
     and followed we hope
     by 2 days of rain.

  With apologies to Mr. Hern, I have adapted his poem into an ode to my 
starting pitcher and MVP, Steve Largent, the gentleman from Oklahoma.

     First we'll use Largent
     and then we'll pitch him again.
     As long as his arm's good
     we'll pitch him in sun or in rain.
     Sadly, now he's retired like Spahn and like Sain
     I probably won't see his likes again.
     Auditioning new pitchers will be a big pain
     because you know from last year
     that walks drive me insane.
     There's just one more honor
     at which Steve can now aim,
     not Governor but induction
     in the Roll Call Baseball Hall of Fame.

                          ____________________



                        CITIZENSHIP FOR GAO ZHAN

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, today I want to discuss the 
tragic story of Gao Zhan. Gao Zhan is a United States lawful permanent 
resident and American University faculty fellow who is currently being 
detained in China on charges of espionage. On February 11, 2001, while 
visiting relatives in China, Dr. Zhan and her family were arrested on 
espionage charges. The Chinese authorities did release Gao Zhan's 
husband and child, both United States citizens, after being separated 
for a month. The child, the little boy, is 5 years old. However, Gao 
Zhan remains in detention.
  There has been no contact with her since she was arrested over 4 
months ago. All attempts to locate Gao Zhan have failed. The United 
States embassy in China and other United States officials as well as 
attorneys from both the United States and China have tried to locate 
the whereabouts of Gao Zhan. The Chinese government has refused to 
share any information.
  I have introduced H.R. 1385, which grants Gao Zhan citizenship in the 
United States without her being administered the oath of renunciation 
and allegiance. This bill is critical since Gao Zhan is being held 
against her will in China and the law provides different treatment to 
United States citizens than it does to United States lawful permanent 
residents.
  Congress needs to confer this citizenship on Gao Zhan. She is one who 
needs to be reunited with her family.

                          ____________________



                     TIME TO STOP POINTING FINGERS

  (Mr. FOLEY asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. FOLEY. Mr. Speaker, in the past few weeks Governor Gray Davis has 
turned up the rhetorical heat while Californians have turned out their 
lights because of rolling blackouts expected to plague the State all 
summer long.
  The Governor has left no stone unturned in his campaign to point 
fingers in any direction. He has blamed the Federal Government. He has 
blamed electric utilities. He has blamed energy companies. He has even 
blamed President Bush. My God. He is the Energizer bunny of bankrupt 
ideas.
  President Bush recognizes that America faces serious energy 
shortages, so his administration is putting forward a comprehensive 
plan to protect consumers from fluctuating fuel costs using 21st-
century technology to diversify our clean and affordable energy 
sources.
  But what does Gray Davis do? He hires spin doctors at $30,000 a month 
paid for by the taxpayers to explain why his State is suffering. I am 
sure Governor Davis realizes this is an inappropriate use of tax 
dollars, considering he is sitting on $26 million in campaign cash.
  This reminds me of another disaster, Mr. Governor, the Exxon Valdez. 
That is your administration.

                          ____________________



           MONUMENT NEEDED FOR SOME OF THE BRAVEST AMERICANS

  (Mr. TRAFICANT asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. TRAFICANT. Mr. Speaker, today is the 125th anniversary of 
Custer's last stand, a sad chapter in American history. To make it even 
worse, there is only one monument at Little Bighorn, to--General 
Custer!

                              {time}  1045

  Unbelievable. As the story goes, Uncle Sam took the whole Indian 
Nation and put them on a reservation. He took away their native tongue, 
taught English to their young, took away their way of life, killed 
their children and their wife. And even the beads they made by hand 
were then imported from Japan.
  Beam me up. Is it any wonder that these brave warriors joined 
together massively for one lasting victory to be remembered throughout 
all of American history?
  Now, Mr. Speaker, their descendants fight along with our soldiers to 
keep America free.
  I yield back the need to build a lasting monument in tribute to some 
of the bravest Americans who ever lived right here in Washington, D.C.

                          ____________________



     PRICE CONTROLS MAY BE NICE POLITICS BUT THEY ARE LOUSY POLICY

  (Mrs. BIGGERT asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Mrs. BIGGERT. Mr. Speaker, day in and day out I hear calls for price 
controls on electricity, and I wonder were the 1970s that long ago, or 
are we just suffering from convenient amnesia? Am I the only one who 
remembers the gas price controls imposed by President Richard Nixon in 
an effort to ensure an adequate supply of gasoline at reasonable rates? 
Am I the only one who remembers that the resulting artificial low 
prices did not lower consumption, but did lower supply?
  I guess I am the only one who does not look fondly back on the days 
of long lines at the local service station and gas rationing. Price 
controls may be nice politics, but they are lousy policy. The bottom 
line is that we are trying to meet today's energy needs with 
yesterday's energy infrastructure, and it is not working.
  Our energy demand has increased 47 percent over the last 30 years, 
and yet we have half as many oil refineries, static pipeline capacity 
and 20 times as many mandated gasoline blends. Low energy prices 
through the 1980s and 1990s have lulled American consumers and 
producers into believing that low prices will always be there, but now 
we know that is not true.

                          ____________________



                              MUHAMMAD ALI

  (Ms. CARSON of Indiana asked and was given permission to address the 
House for 1 minute and to revise and extend her remarks.)
  Ms. CARSON of Indiana. Mr. Speaker, I rise today almost 1 week after 
the

[[Page 11891]]

34th anniversary of Muhammad Ali's conviction for draft evasion. 
Muhammad Ali sits on anyone's short list of the greatest athletes of 
the 20th century. In fact, Time Magazine recently listed Ali among the 
top 20 heroes and icons of the 20th century.
  Perhaps Ali's greatest testament was the only fight in which he 
declined to participate. With the war in Vietnam dragging on, the draft 
call was expanded, and the heavyweight champion of the world was 
reclassified as 1A, eligible for military service.
  Ali was told the news at a training camp in Miami, and, badgered all 
day by the press, he came out with the now famous line, ``I ain't got 
no quarrel with them Viet Cong.''
  It may have been a spontaneous remark, but he stuck by his word with 
courage, conviction and stood out against the conflict in Vietnam. His 
courage to stand by his belief in the years when the war was still 
favored by the majority of Americans will stand as a testament to those 
who protested.
  I would encourage, Mr. Speaker, my colleagues in joining, along with 
the other 40 cosponsors, in awarding Muhammad Ali a Congressional Gold 
Medal. Please sign up.

                          ____________________



CONGRATULATIONS TO CHARLTON ``CHEWY'' JIMERSON, THIS YEAR'S OUTSTANDING 
                     PLAYER AT UNIVERSITY OF MIAMI

  (Ms. ROS-LEHTINEN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Ms. ROS-LEHTINEN. Mr. Speaker, I congratulate the University of Miami 
baseball team and its exceptional coach Jim Morris for the flawless 
performance that enabled them to win the College World Series. The 
Hurricanes celebrated their 12-to-1 win over Stanford, and this victory 
marks their second annual title in 3 years.
  Professional teams have drafted 11 talented Hurricanes, but it is 
Charlton Jimerson who won this year's Outstanding Player Award.
  Chewy, as he is called by his teammates, survived an unstable 
childhood. He was raised by his sister Lanette, who inspired confidence 
so that he would achieve success. By writing a letter, Chewy invited 
himself to play at the University of Miami, and today this fifth-round 
draft choice of the Houston Astros is described as the emotional fuse 
for a dynamite team.
  I ask my congressional colleagues to join me in commending 
outstanding player Charles Jimerson, his talented coach Jim Morris, and 
the amazing University of Miami baseball team for an outstanding 
victory once again.

                          ____________________



 FINGERPOINTING MAY WIN POLITICAL POINTS AT HOME BUT IT DOES NOT SOLVE 
                       OUR NATION'S ENERGY CRISIS

  (Mrs. MYRICK asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Mrs. MYRICK. Mr. Speaker, during this current energy situation, there 
has been a lot of pointing of fingers of blame in this Chamber. That 
may win political points at home, but it sure does not solve the 
problem.
  President Bush has put forth a very responsible plan to solve our 
energy problem. He has taken the lead. It is a balanced plan that 
stresses conservation as well as increased supply. We, of course, want 
to protect the environment and be responsible with the plan. There is 
no question in that.
  We also need to reduce our dependency on foreign sources of supply. 
It is time that America is in charge of our supply of energy, not 
Saddam Hussein.

                          ____________________



     IT IS DEMOCRATS WHO HAVE PUT CALIFORNIA INTO THIS ENERGY MESS

  (Mr. SAM JOHNSON of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. SAM JOHNSON of Texas. Mr. Speaker, I am sick and tired of being 
sick and tired; sick and tired of hearing Democrats complain about the 
energy crisis. The last time I checked, the Democrat Governor Gray 
Davis was and is in charge of California. The last time I checked, 
Democrats also controlled the White House for 8 long years and did 
nothing. Bill Clinton and Al Gore had plenty of time to examine and 
solve the energy crisis in California while they were out there 
visiting Buddhist temples, but they did not. Instead, Democrats like 
Daschle and Gephardt just play the blame game.
  Democrats are blaming George Bush and Dick Cheney for the California 
energy problem. They must have forgotten this administration just took 
office. If the Democrats had been wise, they would have been drilling 
for oil, building new energy plants and building new transmission 
lines. That is what it takes to solve the problem is finding resources. 
In short, it is the Democrats who put California into this mess. 
Americans do not want, need or deserve the California energy problems.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Isakson). The Chair would remind Members 
that it is not in order to address members of the other Chamber.

                          ____________________



            PRICE CONTROLS, THE EVIDENCE IS THEY DO NOT WORK

  (Mr. PETERSON of Pennsylvania asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. PETERSON of Pennsylvania. Mr. Speaker, wholesale electric price 
controls do not work. What better example of this than California? 
Leading energy experts have been saying for months that one major 
reason California is in its current energy mess is because of price 
controls. Now we have further evidence that the price controls are not 
the answer.
  Last week the Department of Energy released a report indicating that 
if Governor Davis gets his way and a cost-plus-$25 price cap is 
implemented, Californians will be literally in the dark.
  The Department of Energy report concludes that Governor Davis' price 
caps would result in the delay or abandonment of about 1,300 megawatts 
of capacity scheduled to be constructed in the State. What does this 
mean to Californians? It means that 90,000 additional households could 
be affected.
  As Pennsylvania learned, deregulation can be implemented with 
success, but price caps and unnecessary government regulations result 
in shortages and higher prices. We in Pennsylvania know that. The 
Department of Energy concurs.

                          ____________________



 HARD-WORKING AMERICANS DESERVE ANSWERS AND THEY DEMAND A SOUND ENERGY 
                                 POLICY

  (Mr. GIBBONS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GIBBONS. Mr. Speaker, our economy over the last year has showed 
signs of slowing. Energy prices are already too high, and they are 
going higher. Much of our country faces either energy shortages, 
blackouts or both. Major energy shortages are expected throughout the 
summer for most of the West. Gas prices there top $2.25 a gallon at the 
pump. Hard-working Americans deserve answers, and they demand a sound 
energy policy.
  Mr. Speaker, our Nation's energy problems demand multifaceted 
solutions, including increased supplies of traditional fossil fuels and 
alternative sources of energy as well as improving energy conservation 
and efficiency. It will not be easy, and it will not be quick, but we 
have the technology and the resources to meet our energy needs for 
decades, even centuries, to come, while ensuring a clean environment as 
a legacy for our children as well.
  We need to work with President Bush to create a balanced, 
comprehensive national energy policy that meets our energy challenges 
today and provides for our needs well into the future.




                          ____________________


[[Page 11892]]

         ARTISTIC HOMES, A WAY TO CONSERVE OUR ENERGY RESOURCES

  (Mrs. WILSON asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Mrs. WILSON. Mr. Speaker, on Saturday afternoon I was on the west 
side of Albuquerque at Artistic Homes. Artistic Homes have changed the 
way they build homes in order to reduce utility bills.
  I met a first-time buyer family that is going to buy one of those 
homes. They were signing the papers that day. They currently pay $160 a 
month for their electric and gas bill, and they expect that bill will 
be $20 a month when they move into this new home.
  That experience reinforces why conservation must be a part of our 
energy agenda. We have an energy problem in this country. It is 
toughest in the West, but it affects us all. There are not going to be 
any quick fixes. We need a balanced, long-term approach to give us the 
stability and the energy that we need. This is too important to do 
anything but the right thing.
  We need to start with conservation. We have made tremendous progress 
in this country over the last 20 years. We are not going back, and 
nobody wants to. We need a balanced mix of new supplies of energy, and 
we have to bring on the next generation of new supplies of energy. It 
is time to pull together and lead, to give us real answers for our 
energy problems.

                          ____________________



        THE TIME HAS COME TO CHANGE THE OUTDATED DAVIS-BACON ACT

  (Mr. BALLENGER asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. BALLENGER. Mr. Speaker, I would like attention to be directed to 
one of many problems on the outdated Davis-Bacon Act of 1931. As my 
colleagues know, this law requires the State and local construction 
projects receiving over $2,000 in Federal aid must adhere to the 
Federal prevailing wage, which on average is 17 to 22 percent higher 
than the State level. Because of these higher wages, State and local 
construction projects can cost up to 38 percent more than they would 
have without the act.
  This enormous waste of taxpayers dollars is proof that the Davis-
Bacon Act should be modernized. In the 70 years since its introduction, 
the act has never been adjusted for inflation and has not been amended 
according to current construction standards. Meanwhile, inflated Davis-
Bacon costs continually hinder emergency relief efforts and federally-
assisted construction projects because of the additional costs 
communities must pay if they receive a mere $2,000 in Federal aid.
  Because this $2,000 minimum was set in 1931 and has never been 
adjusted, the gentleman from North Carolina (Mr. Coble) and I have 
introduced H.R. 2094, the Davis-Bacon Modernization Act, which would 
increase the threshold from $2,000 to $100,000. While many of my 
colleagues believe this number is not high enough, I believe it is a 
good start. Let us make this law more reasonable and, above all, 
helpful. I urge my colleagues to help communities across the country to 
get more bang for their buck. Cosponsor and support the Davis-Bacon 
Modernization Act.

                          ____________________



                THE AGRICULTURAL SUPPLEMENTAL RELIEF ACT

  (Mr. POMEROY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. POMEROY. Mr. Speaker, it is another tough year for the farmers of 
this country. Commodity prices once again are below the cost of 
producing the crop. Imagine the frustration of investing one's heart 
and soul and extending virtually everything they own to grow a crop 
that when it is harvested and it is taken to the elevator, the money 
that is received does not even cover the costs they had of growing it. 
That is, of course, if the production season is a good one and a crop 
is actually gotten.
  Yesterday I was in fields in North Dakota that have been totally 
devastated by hail. There will be no crop for these farmers. There will 
be no income of any kind at the elevator. I raise this to everyone's 
attention because in a few minutes we are about to consider the 
Agricultural Supplemental Relief Act. Unfortunately, the Committee on 
Agriculture brings forward a proposal that reduces by about 15 percent 
the amount of relief and support we gave to farmers last year.
  Now farmers' inputs have gone up. It is costing more to grow the 
crop. The prices are still lousy. It is no time to cut relief for our 
farmers. Reject this and increase assistance.

                          ____________________



                              NORTH KOREA

  (Mr. PITTS asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Mr. Speaker, I recently met with a German doctor, Dr. 
Norbert Vollertson, and talked to him about his experiences during his 
18 months living in North Korea.

                              {time}  1100

  The stories of suffering and the photos of starving children and 
adults were deeply moving. Dr. Vollertson made a strong statement that 
should spur the international community to action.
  When comparing the North Korean prison camps to Nazi concentration 
camps, Dr. Vollertson said, ``No journalist, nobody wanted to believe 
that Hitler is so cruel, that the German government is so cruel. I 
think it is my duty as a German to learn from history, to not make the 
same mistake twice.''
  He said what is happening in North Korea in the concentration camps, 
in his opinion, is as bad as what happened during the Second World War. 
It is the duty of the international community not to make the same 
mistake again, to ignore the plight of thousands of people in North 
Korea who are starving and in terrible prison situations where they are 
beaten and tortured and executed in horrific ways.
  Mr. Speaker, I call on this body and the administration to act on 
behalf of the people of North Korea, to act to ensure that the regime 
in North Korea is no longer allowed to continue destroying its people.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Shimkus). Pursuant to clause 8 of rule 
XX, the Chair announces that he will postpone further proceedings today 
on each motion to suspend the rules on which a recorded vote or the 
yeas and nays are ordered or on which the vote is objected to under 
clause 6 of rule XX.
  Any record votes on postponed questions will be taken later today.

                          ____________________



   RECOGNIZING OUTSTANDING AND INVALUABLE DISASTER RELIEF ASSISTANCE 
                 PROVIDED DURING TROPICAL STORM ALLISON

  Mr. COOKSEY. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 166) recognizing the outstanding and invaluable 
disaster relief assistance provided by individuals, organizations, 
businesses, and other entities to the people of Houston, Texas, and 
surrounding areas during the devastating flooding caused by tropical 
storm Allison.
  The Clerk read as follows:

                              H. Res. 166

       Whereas during June 2001 tropical storm Allison brought 
     catastrophic flooding to Houston, Texas, and surrounding 
     areas;
       Whereas this disaster tragically and suddenly took the 
     lives of 21 people;
       Whereas this disaster injured countless other people, 
     uprooted families, and devastated businesses and 
     institutions;
       Whereas the State of Texas has been declared a Federal 
     disaster area, and individuals and families in 28 Texas 
     counties are eligible for Federal assistance;
       Whereas numerous individuals and entities have selflessly 
     and heroically given of themselves and their resources to aid 
     in the disaster relief efforts; and
       Whereas the catastrophic injury, death, and damage in 
     Houston, Texas, and surrounding areas caused by tropical 
     storm Allison would have been even worse in the absence of 
     local relief efforts: Now, therefore, be it

[[Page 11893]]

       Resolved, That the House of Representatives recognizes, for 
     outstanding and invaluable service during the devastating 
     flooding caused by tropical storm Allison in Houston, Texas, 
     and surrounding areas, the following:
       (1) the American Red Cross service centers located at 
     Sunnyside Multi-Service Center, Friendswood Activity Center, 
     Lakewood Church, and Berean Seventh Day Adventist Church, the 
     American Red Cross shelters located at Salvation Army 
     Community Center, Arbor Lights Men's Shelter, the B.L.O.C.K., 
     Oak Village Middle School, Kirby Middle School, and Sweet 
     Home Missionary Church, and the many other voluntary relief 
     sites and shelters who rendered outstanding and invaluable 
     assistance to the victims of the disaster;
       (2) the Houston Police Department, the Houston Fire 
     Department, and the Sheriff's Department of Harris County, 
     Texas, who displayed great bravery and dedication in 
     rendering assistance to the people of Houston, Texas during 
     the disaster;
       (3) Houston Mayor Lee Brown, particularly for his effort in 
     establishing the Adopt-a-Family program and for his 
     collaboration in the disaster relief efforts with Robert 
     Echols;
       (4) Texas Governor Rick Perry and all other State and local 
     officials, who provided invaluable support and assistance;
       (5) the Federal Emergency Management Agency, who quickly 
     deployed and responded to the disaster;
       (6) the United States Coast Guard;
       (7) the Texas Army National Guard, who quickly deployed and 
     responded to the disaster;
       (8) the employees of Texas Medical Center, Memorial Hermann 
     Hospital, and Houston Veteran's Hospital, who struggled 
     heroically to perform their jobs amid chaos;
       (9) all the volunteers, who are too numerous to name, but 
     who made heroic efforts and special sacrifices and played a 
     crucial role in the disaster relief efforts;
       (10) the private sector, including major corporations, 
     other businesses of all sizes, and their employees, who 
     rapidly and voluntarily donated money and other resources to 
     the disaster relief efforts;
       (11) the many media organizations who aided the relief 
     effort by keeping the community closely and extensively 
     informed, requesting volunteers, and providing information 
     regarding dangerous roads; and
       (12) all the individuals and organizations who immediately 
     and unselfishly helped the people of Houston, Texas, and 
     surrounding areas in their time of need, took quick and 
     decisive action for the public good, and demonstrated an 
     ability to work together for a brighter future.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Cooksey) and the gentleman from Texas (Mr. Lampson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Cooksey).
  Mr. COOKSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would first like to note that House Resolution 166 was 
discharged from committee consideration and expeditiously brought to 
the floor for immediate consideration. This is not the normal process; 
but in the interest of time, the committee will occasionally discharge 
consideration.
  House Resolution 166 recognizes the dedication and tireless efforts 
of all of the individuals and organizations who assisted in relief 
efforts in Houston, Texas, during and in the aftermath of Tropical 
Storm Allison.
  Houston is no stranger to tropical storms named Allison. In June of 
1989, Tropical Storm Allison wreaked havoc on Texas and Northern 
Louisiana, dumping 15 inches of rain in the Houston area. Total damage 
from that storm was estimated at $500 million, and 11 people were 
killed.
  This year's Allison was more focused. Between June 5 and 10, Allison 
inundated the city of Houston with 35 inches of rain. The storm claimed 
23 lives and flooded major highways, hospitals, and homes.
  According to the American Red Cross, more than 35,000 homes in the 
city and surrounding county were damaged or destroyed. Many hospitals 
and laboratories were flooded, resulting in a blood supply emergency in 
the greater Houston area. Current estimates place the cost of total 
damage to the area in excess of $2 billion.
  Fortunately, countless individuals and organizations came to the 
assistance of Houston area residents in response to the devastation. At 
its peak, the Harris County 911 emergency system logged 400 to 500 
calls each hour. In response, the Houston Fire Department executed 
1,200 missions to rescue flood victims stranded in their homes and 
vehicles by high water. The Texas National Guard assisted in the 
response using 5-ton trucks to rescue people from their homes. National 
Guard and fire department efforts were supplemented by the U.S. Coast 
Guard's dispatch of rescue helicopters. Two hundred people were 
reported rescued on June 9 and 10. At the height of the storm, 15,000 
people were housed in 40 emergency shelters.
  Without the assistance of all those who came together to help Houston 
in its time of need, including FEMA, the American Red Cross, Houston's 
Mayor, and Texas Governor Rick Perry, the number of lives lost and 
damage to property from this dangerous storm would have been much 
greater.
  I support the bill and urge my colleagues to join in support of this 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LAMPSON. Mr. Speaker, I yield myself 4 minutes.
  Mr. Speaker, I rise today in strong support of this resolution; and I 
join the gentlewoman from Texas (Ms. Jackson-Lee), the author, and all 
my colleagues in extending my sincere thanks and appreciation to all of 
the personnel throughout Southeast Texas who have devoted their lives 
to disaster recovery efforts.
  Having walked the streets of Friendswood, Texas, I saw the heartache 
and loss, both fiscal and emotional, and got a chance to see a lot of 
that devastation. The people of Friendswood are a strong and resilient 
people; but without the heroics of those individuals who devote their 
lives to disaster recovery, the casualties and destruction could have 
been much worse.
  This resolution recognizes the invaluable disaster relief of various 
agencies, organizations, businesses, and individuals who assisted the 
people of Houston and the surrounding areas during the devastating 
floods of Tropical Storm Allison. The resolution states that although 
21 people died, the casualties and destruction would have been even 
worse, if not for the disaster relief given by American Red Cross 
centers, the voluntary donation of money and resources from individuals 
and private businesses of Texas, the heroics of the United States Coast 
Guard, the Houston police and fire departments, and the valiant efforts 
of many other hospitals and shelters. The bill also lauds the recovery 
actions of Houston Mayor Lee Brown and Texas Governor Rick Perry.
  Looking back to Monday, June 4, when the reconnaissance aircraft 
first reported the development of Allison, I realized that the main 
impact of this storm would not be the wind, but would be the rain. Rain 
totals throughout Harris County and in other portions of my 
Congressional district exceeded 30 inches during the week-long period 
when the remains of Allison brought relentless flooding to the upper 
Texas Gulf Coast.
  Of course, no words can adequately describe the devastation that the 
Greater Houston area felt in the wake of the storm. The Texas coast 
certainly had not seen flooding of this magnitude in decades. Clearly, 
this event was more than a wake-up call, it was a stark reminder of the 
impressive forces that still govern the Earth.
  In the midst of the disaster and periods of chaos, there were 
countless individuals and organizations responded almost 
instantaneously to help the victims caught by the flood waters. The 
plight of one became the concern of many, and people displayed an 
enormous humanitarian spirit that transcended all barriers.
  The American Red Cross placed its disaster relief plans into action 
and opened numerous service centers throughout Harris County and the 
Ninth Congressional District of Texas. The police, fire, sheriff, and 
emergency response teams worked quickly and without reservation to 
minimize injuries and render invaluable assistance.
  The disaster tragically claimed the lives of now 23 individuals from 
practically every walk of life and every part of the city. Deaths would 
have been in the hundreds, were it not for the heroism, 
professionalism, and dedication of all those who responded.

[[Page 11894]]

  The media broadcast around the clock to keep the public constantly 
informed of the dangerous situation by disseminating critical 
information. Volunteers, many of whom were also suffering, responded to 
the calls for help from the various agencies, who were critical to the 
response efforts.
  Our friends at FEMA also did a phenomenal job in a task that was as 
sobering as it was frustrating. Thousands of people were affected and 
the recovery and damage assessments still continue.
  I toured the devastation firsthand by helicopter and on the ground. 
The scenes were tragic: lost homes, lost businesses, lost medical 
research, and lost lives. Yet the human spirit continues throughout 
Texas, Louisiana, and across the Gulf Coast States and up the Eastern 
Seaboard, where Allison ravaged property and tore apart lives.
  So as I stand here today reflecting on the tragedy, I am forever 
grateful to all who assisted; and my prayers continue for the suffering 
and the afflicted. The strength that all have displayed is worthy of 
our recognition.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COOKSEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. DeLay).
  Mr. DeLAY. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, we have seen time and time again that the best qualities 
within the people that we know often emerge when the weight of a tragic 
event presses down upon us. In Houston, we have learned this lesson all 
over again. The unending rains from the Tropical Storm Allison 
overwhelmed our bayous, overflowed our streams, and flooded our streets 
and buildings and homes; but they did not dampen the vigor of Houston.
  We Texans pride ourselves on maintaining the spirit of the West. It 
has passed down from the early generations, who fought the elements, to 
build a new life in Texas. They were tested, and those that stayed 
shared a very common quality. They had the resilience and 
resourcefulness to outlast Mother Nature and overcome the obstacles 
that she places in our path.
  Part of that creed is the understanding that when nature strikes, you 
pitch in to help your friends and neighbors. We understand that. We 
understand that when we rally together, no adversity, can keep us down 
for very long. Houstonians demonstrated that they have not forgotten 
their responsibility to aid each other during Allison.
  We feel deeply for all our neighbors who lost a loved one or a 
friend. This tragedy claimed far too many lives. Many others lost 
belongings and had their homes turned inside out by this storm. But we 
can be certain that far more people would have died if Houstonians had 
not responded as quickly and as vigorously as they did.
  Many, many people deserve to be thanked for their efforts. We are 
grateful to the Coast Guard and Red Cross, to the National Guard 
troops, and our local police officers and fire fighters. We say thank 
you. For every individual citizen who lifted a hand or waded out into 
the flood waters to bring comfort and assistance to the others, we say 
thank you so very much. Your efforts make us a great community and a 
great place to raise a family.
  All Houstonians also appreciate the swift response from the Federal 
Emergency Management Agency and the Bush administration. By reacting 
quickly, they are helping us get back on our feet.
  When I stopped by the Red Cross shelter in Pearland, I saw the best 
and most poignant tribute to the men and women who pitched in in 
responding to Allison. Hanging inside the shelter was a little small 
sign that was written in crayon by a child, and it simply said ``God 
bless you for helping us.''
  When the floodgates opened on Houston, we were ready to respond with 
charity, sacrifice, hard work and compassion. I hope we always stand 
ready to react with the same qualities.
  Mr. LAMPSON. Mr. Speaker, I yield 4\1/2\ minutes to the gentlewoman 
from Houston, Texas (Ms. Jackson-Lee), the author of the bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman for 
managing the bill, and I thank him for his support. I thank all of my 
colleagues for supporting H. Res. 166, and I rise to support the 
resolution that I introduced on June 14 to recognize the outstanding 
and invaluable disaster relief assistance that individuals and 
organizations and businesses and other entities provided to the people 
of Houston, Texas, and surrounding areas during the devastating flood 
that was caused by Tropical Storm Allison, one of the worse disasters 
that Houston has known.
  Some people would ask, what is going on in Houston, Texas? I would 
simply say, the greatest amount of charitable spirit, heroic efforts, 
friendship, love, and the ability of a community to stand up together 
and say yes we can. But for the heroic efforts of those invaluable 
volunteers, the catastrophic death, injury and damage would have been 
far worse.
  I commend my fellow colleagues in the House of Representatives, 
especially my fellow Members of the Texas delegation, for joining us in 
encouraging those altruistic acts of selflessness and heroism.
  I remember within the 24-hour time frame of being out walking in 
neighborhoods, flying overhead, looking at homes filled to capacity up 
to the roof with water, and yet hearing the tragedies of those who may 
have been stuck overnight, there were the encouraging words that people 
were saying, yes we can.
  Although words cannot even begin to describe adequately the 
destruction that Houston and surrounding areas know, I will attempt to 
paint for you a visual picture.
  More than three feet of rain that fell on the Houston area began June 
6 and caused approximately 23 deaths. Over 20,000 people have been left 
at least temporarily homeless during the flooding, many with no 
immediate hope of returning to their homes. More than 56,000 residents 
in 30 counties have registered for Federal disaster aid. Over 3,000 
homes have been destroyed, over 43,000 damaged. The damage estimates in 
Harris County, Texas, alone are about $4.8 billion.
  Some of the areas that have been hit, universities in my 
Congressional district, like the University of Houston, Texas Southern 
University, and a little neighborhood known as Kashmir Gardens. You 
would think a place filled with flowers. It is an enclave that has a 
high number of senior citizens, many of whom I visited in the last 
weekend, some still left in their homes, stranded, possessing few 
resources, but yet with a strong spirit.

                              {time}  1115

  I watched this past Sunday as the Red Cross team came that we called 
out to see a senior citizen who had a knee that needed to have surgery, 
who had not been attended to; and that Red Cross team came like an 
S.O.S. with an angel standing behind them to help that senior citizen.
  Other areas such as Sunnyside in southeast Houston, northwest Houston 
and around Scarborough High School. Additionally, of course, we all 
know a very important aspect of our community, the Texas Medical 
Center, has faced a very uphill battle. But I am very pleased that they 
are going to have the kind of support where all of the delegation 
members of this particular delegation will be supporting them and 
helping them with the millions and millions of dollars of damages, 
maybe in the billions of dollars of damage, to come back and be able to 
serve not only Texas, but to serve the Nation. Ten million gallons of 
water have inundated the medical center complex, and we are working to 
make sure that they get back on their feet.
  But let me share the many personal stories, the help that the Red 
Cross has given, the 46 disaster centers, the Houston Police 
Department, the Houston Fire Department, the sheriff's department 
displayed great bravery and dedication in rendering assistance. Mayor 
Lee Brown and the Adopt-a-Family program, Judge Robert Eckles, Texas 
Governor Rick Perry, all of us gathered together, huddled around the 
Houston TransCar Center, a center that was supposed to deal with 
traffic; but we determined that it could be an

[[Page 11895]]

emergency center, and all of us gathered there to design strategy to 
help those who were stranded.
  I believe, Mr. Speaker, that this is an important resolution to be 
able to acknowledge, as the Houston Chronicle said, most of the 
countless acts of kindness and compassion, of heroism and self-
sacrifice that will go unsung and the heroes that will remain 
anonymous, even to those they helped.
  I believe it is important to mention some of those personal stories. 
Time will not allow me to talk about Cora Clay, a sandwich shop 
employee who fed an entire shelter from funds from her own pocket, or 
Kathleen Ross who donated two of her rental properties, or the heroic 
police officers who could not swim, but yet jumped in. C.R. Bean and 
Mike Lumpkin and Matt May who jumped in to save those who were in their 
car, floating. The Texas Children's Hospital, the Coast Guard and Texas 
National Guard.
  Let me just simply conclude by saying, it gives me a special 
privilege to be able to thank all of those people who gave of their 
time, who gave of their heart. We have spirit in Houston and the 
surrounding areas. We have spirit in Texas, and we will overcome.
  Mr. Speaker, I rise today to support H. Res. 166, a resolution I 
introduced on June 14 to recognize the outstanding and invaluable 
disaster relief assistance that individuals, organizations, businesses 
and other entities provided to the people of Houston, Texas and 
surrounding areas during the devasting flooding caused by Tropical 
Storm Allison, one of the worst disasters Houston has known. But for 
the heroic efforts of those invaluable volunteers, the catastrophic 
death, injury and damage would have been far worse. I commend my fellow 
colleagues in the House of Representatives, and especially my fellow 
members of the Texas delegation, for joining me in encouraging these 
altruistic acts of selflessness and heroism.
  Although words cannot even begin to describe adequately the 
destruction that Houston and its surrounding areas know, I will attempt 
to paint for you some of havoc that the storm has wreaked. The more 
than three feet of rain that fell on the Houston area beginning June 6 
has caused at least 23 deaths in the Houston area and as many as fifty 
deaths in six states. Over 20,000 people have been left at least 
temporarily homeless during the flooding, many with no immediate hope 
of returning to their homes. More than 56,000 residents in thirty 
counties have registered for federal disaster assistance. Over 3000 
homes have been destroyed, over 43,000 damaged. The damage estimates in 
Harris County, Texas alone are $4.88 billion and may yet increase.
  Some of the most hard hit areas include the University of Houston, 
Texas Southern University, and the Kashmere Gardens neighborhood, a 
Houston enclave that has a high number of elderly citizens and 
possesses the fewest resources needed to bounce back from this once in 
a lifetime event. Other areas such as Sunnyside and South East 
Houston--northwest Houston around the Scarborough High School area were 
also hard hit.
  Additionally I note the damage which occurred at Texas Medical 
Center, because what has occurred affects us not just locally, or even 
just in Texas, but nationally. The Texas Medical Center, home to some 
forty medical institutions, is the largest medical center in the world. 
Globally, reknown medical care and research takes place here. The flood 
has decimated these preeminent health institutions.
  The cost to restore the Center is about $2 billion, which is nearly 
all of the total $2.04 billion in damage at Harris County's public 
facilities. It serves 4.8 million patients yearly with a local economic 
impact of $10 billion. More than 52,000 people work within its 
facilities, which encompass 21 million square feet. The damage includes 
$300 million to Texas Methodist Hospital and $433 million to Veteran's 
Hospital.
  The impact on the University of Texas Health Science Center at the 
Texas Medical Center is exemplary of how the clinical care, medical 
education, research and the physical structures at this medical 
community have been affected.
  Ten million gallons of water have inundated the medical school 
complex, and the earliest possible start up date for the hospital is 
mid July, including operation of one of the two Level One trauma 
centers in Houston. The ability of the center to serve the Houston 
community will be severely compromised for at least two months. In the 
entire Houston area, a total of 3,000 beds are out of service.
  The UT Health Science Center has incurred $52 million in physical 
damage to the facility and $53 million to the equipment. A total of 400 
emergency personnel have been required to assist in the clean up thus 
far. Moreover, preparation must still also be made for 825 medical 
students arriving in August, and the floor used for student service 
functions is estimated to be nine months away from re-opening. Until 
that point, teaching facilities and services must be dispersed across 
the city.
  Research has been substantially affected, destroying all animal based 
research due the death of all 4,000 animals. Some of these losses could 
take as long as three to four years to recoup, and some of the more 
senior graduate students may have lost their dissertation research, 
setting back their careers indefinitely. $105 million in sponsored 
research has been affected.
  Yet the storm has not defeated our spirit. The citizens of Houston 
are facing the tragedy with the spirit of love and have displayed the 
true meaning of the biblical phrase the ``peace in the midst of the 
storm.'' Untold numbers of individuals and organizations have risen to 
meet the overwhelming challenges that the storm has presented. Among 
those who have risen to this challenge is the American Red Cross, which 
at one time was running 46 disaster relief centers around the city to 
serve those in need, and who, along with the Salvation Army is serving 
thousands of meals per day. The Houston Police Department, the Houston 
Fire Department, and the Sheriff's Department of Harris County, Texas 
have displayed great bravery and dedication in rendering assistance to 
the people of Houston, Texas during the disaster. Houston Mayor Lee 
Brown, Judge Robert Eckles, Texas Governor Rick Perry and all other 
State and local officials have provided invaluable support and 
assistance.
  The Federal Emergency Management Agency is once again successfully 
fulfilling its mission, having quickly deployed and responded to the 
disaster, and the Small Business Administration has also been on the 
ground providing much needed disaster assistance to families and small 
businesses. The United States Coast Guard and the Texas Army National 
Guard have bravely and rapidly served during this disaster. Houston 
TransCar Center was an outstanding Storm emergency center where 
strategy to help the victims was designed.
  Many major corporations, other businesses of all sizes, and their 
employees have who rapidly and voluntarily donated money and other 
resources to the disaster relief efforts. Many media organizations have 
aided the relief effort by keeping the community closely and 
extensively informed, requesting volunteers, and providing information 
regarding dangerous roads.
  I wish I could recognize every single hero, but time does not permit 
that. So I will recount for you a few stories that represent the spirit 
that we have seen.
  There have been the ultimate sacrifices of people like Sharon Mateja 
of Warsaw, Missouri. Sharon was a Red Cross volunteer and member of the 
Board of Directors who was crushed by a van while helping another 
volunteer move bags of ice to a Red Cross van.
  This flood has pushed ordinary people to do extraordinary things. As 
reported in the Houston Chronicle, ``most of the countless acts of 
kindness and compassion, of heroism and self-sacrifice, will go unsung 
and the heroes will remain anonymous, even to those they helped. Those 
who are known insist there was nothing exceptional about their actions, 
that they happened to be in the right place at the right time to help 
someone in need.''
  Sgt. C.R. Bean is a Houston Police office who cannot swim. Yet he and 
Officers Mike Lumpkin and Matt May plunged into cold, rapidly rising 
water to attempt to save the lives of three young men whose vehicle had 
been swept off the road by the torrential waters. They spent at least 
an hour and a half and were able to save two. They were unable to save 
Chad Garren, but without the exceptional bravery of the officers, all 
three would have been lost. Shelters like Oak Village Elementary School 
and Kirby Middle School were invaluable in helping the displaced.
  There have also been the seemingly simple acts of women like Cora 
Clay, a sandwich shop employee, who fed an entire shelter from funds 
from her own pockets. Kathleen Ross, who donated two of her rental 
properties to house families whose houses were uninhabitable due to the 
floor. Or Richard Hill, who, without being asked to do so, led a 
friend's horse for three hours through brackish water to a safe 
pasture. The list goes on and on.
  And businesses in our community have not ignored our needs. The 
Houston Chronicle newspaper and television station KHOU has raised over 
$5 million in funds for the Red Cross relief work. Fiesta Market 
grocery store brought two trailers on eighteen wheelers to fed the 
shelters. Many other entities have given food, money and other 
resources quickly

[[Page 11896]]

and without condition to our community in need.
  At two hospitals in the Texas Medical Center, the Memorial Hermann 
Hospital and Memorial Hermann Children's Hospital, located in the Texas 
Medical Center, the flooding caused the loss of all utilities. The hard 
working employees of the hospitals along with Life Flight, the Coast 
Guard and the Texas National Guard struggled heroically amid chaos to 
evacuate successfully and safety 540 patients to other hospitals via 
helicopters and ambulances, some to hospitals as far away as San 
Antonio and Austin.
  Several houses of worship have opened their doors and hearts to the 
community to give disaster relief assistance, including use of their 
buildings for FEMA disaster centers and Red Cross Service Centers. 
Father Enette of St. Peter Claver Church opened his doors, in the midst 
of his recovery from a stroke. Father Enette never complained about the 
sacrifice the church would incur due to the substantially increased use 
of electricity and water as a result of opening its doors. Paster Lewis 
opened the doors of the BLOCK Church for use as a full time FEMA center 
to provide relief for those located in the Sunnyside South Post Oak 
area. There is the kindness of Paster Kirby Caldwell from Windsor 
Village Church, who made a delivery of clothing and food to one of the 
shelters within our district. And there is the group known as the 
Baptist men, who have prepared more than 62,000 meals. Minister Robert 
Muhammad and Makeba Muhammed from Mosque #45 in Houston, fed over 3,000 
families. Lakewood Church opened its doors to over 2,000 people during 
the early morning hours after the flood.
  Each and every effort made to help the flood victims has been done 
not so for recognition and public glory, but because it is the right 
thing to do.
  Mr. Speaker, this resolution attempts to recognize all the 
individuals and organizations who immediately and unselfishly helped 
the people of Houston, Texas, and surrounding areas in their time of 
need, took quick and decisive action for the public good, and 
demonstrated an ability to work together for a brighter future.
  As much as this disaster has torn apart our city and its surrounding 
areas, it has also bound us together, neighbors, friends and strangers 
alike. While we cannot personally thank everyone, may all of you know 
that your courage, hard work, sacrifice and kindness are recognized. 
And as we recover from this disaster, let those who have suffered know 
that their needs are heard, their patients gratefully acknowledged and 
hopefully prayers answered.
  Mr. COOKSEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Houston, Texas (Mr. Brady).
  Mr. BRADY of Texas. Mr. Speaker, I want to thank the gentleman from 
Louisiana (Mr. Cooksey), who has been such a good friend to Texas in 
all issues, including his help and response to Tropical Storm Allison. 
I also want to commend my Democratic colleagues, the gentlewoman from 
Texas (Ms. Jackson-Lee), the gentleman from Texas (Mr. Bentsen), the 
gentleman from Texas (Mr. Green), and the gentleman from Texas (Mr. 
Lampson), for their leadership in this effort as we jointly work 
together, and to the gentleman from Texas (Mr. DeLay) and the gentleman 
from Texas (Mr. Culberson), who together as a delegation have been 
working to try to recover and restore some sense of getting back on our 
feet in our region.
  This storm was more than just numbers. For many of us who have lived 
in the area a long time, we have seen a lot of natural disasters in our 
part of Texas, but Tropical Storm Allison was stunning. While it caught 
us a bit, it did not look like it was a tough, difficult storm to start 
with; but the damage was remarkable. It is more than numbers.
  When I look at the reports each day on the number of homes in my 
area, as I continue to ask for requests, and the numbers continue to go 
up and up. In 26 of my communities in North Harris County, in 
Montgomery County, in Waller and Washington County, we see now over 
3,000 homes that have been flooded and need help. That is not including 
all of the businesses, small businesses, all the road and 
infrastructure damage. I look at all of the help that has been given by 
FEMA, the Disaster Assistance Center at Greens Point and all around our 
region, those people are working tirelessly. All of the volunteers, the 
firefighters, the police, the United Way agencies. We have wonderful 
emergency assistance directors in our counties that have I think been 
awake since the storm hit us.
  For the families that are hurt so bad, this is so important, because 
being flooded out is a miserable experience. It is so disheartening and 
disruptive. And the only thing that keeps us going is the prospect of 
those who are stepping forward to help us through this time of need, 
our family, our friends, the community, even FEMA workers who I saw in 
the centers who had been flooded out themselves in other States, who 
felt the calling to help in the Houston region. It is because of all of 
those people that we are recovering today.
  Mr. Speaker, our region is very strong. We have strong individuals 
and strong communities; but the assistance that has been provided, both 
within and without, is irreplaceable. So to all of the volunteers, to 
all that are helping and continue to help, I wanted to add my ``thank 
you'' and sincere appreciation for all that you do and continue to do. 
We cannot thank you enough.
  Mr. LAMPSON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Houston, Texas (Mr. Bentsen), who suffered probably the largest amount 
of damage there.
  Mr. BENTSEN. Mr. Speaker, I rise in strong support of this 
resolution, and I commend the gentlewoman from Houston, Texas, for 
offering it.
  The flood waters from Tropical Storm Allison may have receded, but 
the damage remains. As I tour the wreckage in my home district of 
Harris County, Texas, I am confronted with the many stories of tragedy 
and loss; but what shines through is the spirit of the people of Harris 
County, the sense of community that has neighbors reaching out to one 
another, unselfishly bestowing the ordinary blessings of compassion to 
less fortunate friends and neighbors. A citizenry summoned to the call 
of charity.
  As torrential rains fell on Harris County, power outages at the Texas 
Medical Center meant patients had to be evacuated. Nurses, technicians, 
doctors, and orderlies came to the rescue and physically carried more 
than 540 patients down dark, wet stairways to safety. A local Boy Scout 
troop guided the volunteers down corridors to awaiting helicopters. 
Police and firefighters worked double and triple shifts to ensure 
public safety, even going days without sleep. These men and women who, 
without concern for their own flooding homes, but the interest of 
others ahead of their own and are those whom we recognize today.
  In the trying times that have followed Allison, the true colors of 
the ordinary citizens and community leaders have shined. Banks and 
thrifts have generously offered to waive check-cashing fees and phone 
companies have donated cellular phones to disaster-relief shelters. 
More than 600 officials from the Federal Emergency Management Agency 
have assisted nearly 60,000 victims and the Red Cross has aided 
thousands more. I applaud the businesses and residents and volunteers 
for their efforts and commitment to transforming our city into a 
community.
  Mr. Speaker, the devastation in Harris County is unimaginable. 
Billions of dollars in property have been lost. Years of critical 
research at the Texas Medical Center have been lost, hampering the 
international medical research grid; and tens of thousands of our 
fellow citizens have lost their personal property, including the woman 
I spoke to last week in the Hiram Clarke section of Houston, who lost 
her most prized possession, the last letter her great grandmother had 
written her. Having saved it from the first flooding on Tuesday, June 
5, she lost it when her home flooded the second time on June 9. But 
what is more tragic is that 23 fellow Texans lost their lives as a 
result of this storm.
  No Federal assistance or House resolution will ever make up the loss 
endured by those families, but we know with a little help from our 
friends from across the Nation we will be able to rebuild Houston; and 
with the spirit this the city has, we will endure again.
  Mr. COOKSEY. Mr. Speaker, I yield such time as he may consume to the

[[Page 11897]]

gentleman from Houston, Texas (Mr. Culberson).
  Mr. CULBERSON. Mr. Speaker, the physical boundaries of the district I 
represent in west Houston, district seven, we were very, very blessed 
and fortunate to have escaped the flooding, in large part. We had a few 
very small isolated pockets of flooding, but the businesses of many of 
the people I represent were affected; and the entire city, of course, 
suffered a devastating blow as a result of the flood.
  I was extraordinarily impressed to have seen firsthand the work of 
the emergency rescue personnel who were staging their operation out of 
my district in west Houston, out of Tully. The weekend the flooding 
began, I spent time there at the headquarters where the search and 
rescue teams were coordinating their efforts, bringing in resources 
from all over the State of Texas. The Colorado River Authority 
contributed personnel and equipment; the San Antonio Fire Department 
contributed personnel and equipment. There were resources from every 
corner of the State there to help the people of Houston; and it was an 
extraordinarily impressive operation, to see the ability of these 
rescue personnel to come in right away, right after the flood, to 
rescue people from their homes to save them from life-threatening 
situations.
  It was also instructive for me to see as a new Member of Congress 
that there was, immediately after that initial period of rescuing 
people, a gap in services where the City of Houston, the county was 
unable in many cases to actually get in to some of these neighborhoods 
that were so devastated to help people clean up their property, take 
care of the day-to-day essentials of living, which had all been brought 
to a screeching halt.
  What particularly impressed me is that in that gap, between the time 
the rescue services came in to pluck people off their roofs and get 
them to hospitals and the time when the city and the county were able 
to really come into those neighborhoods and help, that gap, which was 
largely unfilled by local government, was filled spontaneously and 
almost immediately by the churches of Houston, by the civic 
associations, by individual Houstonians stepping forward to help their 
own neighbors and family members.
  Therefore, I ask all of my volunteers, all of the people that were 
gracious enough to help me throughout the last year's election campaign 
and the people I know throughout west Houston, to contribute their 
volunteer time, their money and their efforts through their local 
churches and civic associations, but in particular through their 
churches, to help relieve the flood victims. I think there is no better 
example of what President Bush has been talking about; there is no 
better example of faith-based initiatives than what took place and is 
taking place today in the City of Houston, with churches like Second 
Baptist, like our very own memorial drive of the United Methodist 
Church, which is stepping forward with volunteers and assistance, to 
help people tear out carpet, to get their homes restructured, rebuilt, 
their lives restructured where they do not have insurance.
  That final phase of the recovery that is going on now, which will go 
on for months to come, is where the Federal Government can really step 
forward to help. That is why I am proud to be a cosponsor of this 
resolution. It is a very, very good example of the unity that is so 
necessary among the members of the Texas delegation, the Houston 
congressional delegation, and working together, not only through this 
resolution to say ``thank you'' to all of the rescue personnel, but, 
more importantly, for us all to work together to find ways to ensure 
that the people who have lost their homes to fill the gap between what 
private insurances covered and what is not covered; that the Federal 
Government is there to help pay for the reconstruction, the relocation 
of families, and to do whatever is necessary to provide every available 
Federal dollar to repair the damage done to homes, to the Texas Medical 
Center, to all that irreplaceable research that was damaged as a result 
of the flood. The Houston area congressional delegation, the 
congressional delegation from Texas is unified and focused in doing 
everything that we can to ensure that the damage is repaired as fast as 
humanly possible.
  Mr. Speaker, I want to reassure the people of Houston and the people 
of Texas that the money will be there to rebuild, to repair, and to, 
for the long term, plan for and prevent future floods of this type 
because of the unified and focused approach of the Houston and Texas 
congressional delegations.
  Mr. LAMPSON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Houston, Texas (Mr. Green), who toured the devastation with us.
  Mr. GREEN of Texas. Mr. Speaker, like my colleagues, I represent an 
area that tragically succumbed to Tropical Storm Allison in northeast 
Harris County. I want to thank my Texas colleagues for putting this 
resolution together, but mainly to the hundreds and even thousands of 
volunteers and workers who donated their time to help Houston residents 
clean up.
  At the top of the list would be the men and women of FEMA who 
literally were on the ground before the waters receded, assessing the 
damage and getting a head start on setting up the disaster recovery 
centers, three in our congressional district in the Jacinto City 
Community Building, Sheldon Intermediate School, and also in the Aldine 
School District, the M.O. Campbell Center.
  To date, FEMA has received 62,000 applications for assistance, and 
also their recovery centers have played a role and provided a great 
deal of effort visiting the Red Cross Centers in our district, the FEMA 
neighborhood centers, and walking the streets in north and east Harris 
County showed the huge loss, but also the response from seeing 
literally people helping each other, communities pitching in and 
banding together, seeing people in Jacinto City and Galina Park in 
Aldine and northeast Houston, working together to help overcome this 
loss; seeing the loss at North Forest Independent School District, 
Sheldon ISD and also Houston Independent School District.
  To date, we know that FEMA and the Small Business Administration made 
literally millions of dollars of loans and grants to assist Houstonians 
in replacing their belongings and temporary housing. I urge FEMA to 
keep these disaster centers open as long as necessary so that 
individuals can continue to have access to vital services on a personal 
basis.
  I would also like to thank the Coast Guard and our National Guard for 
their effort and the many employees of the City of Houston and Harris 
County for their efforts to rescue people and as they go through the 
cleanup effort now, Mr. Speaker. As Houston and southeast Texas and 
other areas affected continue the long process of rebuilding, I want to 
express my thanks to everyone and will continue to work to make sure 
that the Federal funds are there to help people in disasters.

                              {time}  1130

  Mr. LAMPSON. Mr. Speaker, I yield 1 minute to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate people coming together to 
focus on the heroic efforts that have taken place in Houston in the 
aftermath of this terrible storm, but I hope we also focus on what we 
can do to prevent it in the future.
  We should as a Congress invest in Project Impact which helps prepare 
communities before disaster occurs, rather than to cut it, as has been 
suggested by the administration. We have need to reform the flood 
insurance program so it no longer subsidizes people to live in places 
where God repeatedly shows that He does not want them.
  It is important that we not ignore global climate change, because the 
scientists tell us if we are not careful, global climate change is 
going to make these horrible events that occurred in Houston far more 
frequent and far worse.
  Mr. Speaker, this is an opportunity for us in Congress not only to 
reflect on the heroism that took place and to mourn the loss, but for 
us to step forward to take our responsibility to

[[Page 11898]]

make sure that we are doing everything possible so that it does not 
occur in the future.
  Mr. LAMPSON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Missouri (Mr. Skelton).
  Mr. SKELTON. Mr. Speaker, I commend the gentlewoman from Texas (Ms. 
Jackson-Lee), my colleague, and the other Members of the Texas 
delegation for introducing the resolution to recognize those who have 
helped the people of Texas during the recent flooding.
  It is so important to take time to express gratitude to those who 
have brought relief to the people of Houston during the flooding and 
its aftermath. I know that Missourians who have experienced flooding, 
particularly the devastating floods of 1993 and 1995, understand what 
an effort it takes to recover from such a disaster.
  Mr. Speaker, we must not take the contributions of volunteers for 
granted, for their selfless efforts often come at a great price. If I 
can bring to this body's attention one particular Red Cross volunteer 
who answered the call to help the victims of Tropical Storm Allison, 
Mrs. Sherry Mateja of Warsaw, Missouri, who was killed in a tragic 
accident last week while helping another volunteer move bags of ice 
from a tractor-trailer to a Red Cross van at a church in Humble, Texas.
  A Red Cross volunteer since 1999, Mateja was an active volunteer with 
the Pettis County Chapter of the American Red Cross in Sedalia, serving 
in a leadership role on the chapter's board of directors. She was 
instrumental in providing Red Cross services in her local community, 
including the chapter's disaster relief and learn to swim programs.
  Her assignment to help relief efforts for Tropical Storm Allison in 
Texas was her first national disaster assignment. Mrs. Mateja is 
survived by her husband, John Mateja; three sons, Marc, Nick, and Eric; 
two grandchildren; her brother, Charles Maggard; and her mother, 
Margaret Maggard.
  While recognizing the work of all the volunteers helping the Houston 
community, I ask my colleagues to join me today in paying special 
tribute to Sharon Mateja, expressing our gratitude for her 
contributions to her community and for her selfless efforts to help the 
people of Texas. I send my sincere condolences to her family and to her 
friends.
  Mr. LAMPSON. Mr. Speaker, I yield 1 minute to the gentleman from East 
Texas (Mr. Turner).
  Mr. TURNER. Mr. Speaker, I represent 19 counties in the Second 
Congressional District in Southeast Texas, all of those counties were 
declared a disaster area during the recent tragedy of the Tropical 
Storm Allison.
  I think we all come to the floor today with a deep sense of gratitude 
for the many who worked so tirelessly to help in that disaster.
  I want to mention three organizations that I know were among the 
private sector organizations that helped the victims of Tropical Storm 
Allison, that is the Salvation Army, the American Red Cross, and Texas 
Baptist Men. Those three private organizations, in addition to 
literally scores of others, helped so rapidly and so efficiently and 
effectively along with our many State and Federal agencies during that 
time of crisis.
  While the greatest damage was in Harris County, there was significant 
damage in all of the 19 counties that I represent. There has been over 
63,000 contacts made to FEMA just in the last few weeks, so we all 
express our gratitude at this moment to the many who helped during that 
time of crisis.
  Mr. LAMPSON. Mr. Speaker, I yield the balance of my time to the 
gentlewoman from Houston, Texas (Ms. Jackson-Lee), the author of the 
bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from 
Texas (Mr. Lampson) for yielding the time to me and for managing the 
bill.
  Mr. Speaker, I also thank the Committee on Transportation and 
Infrastructure. I also thank the gentleman from Louisiana (Mr. Cooksey) 
for managing the bill. The gentleman has a daughter in my congressional 
district.
  I also want to thank the gentleman from Alaska (Mr. Young), chairman 
of the Committee on Transportation and Infrastructure, as well as the 
gentleman from Minnesota (Mr. Oberstar), the ranking member of the 
Committee on Transportation and Infrastructure, for their accomodation 
in moving this legislation to the floor of the House so quickly.
  Let me also thank the House leadership and say, Mr. Speaker, that 
many times in giving comfort in a religious setting, we will say, this, 
too, will pass.
  I am very grateful to have authored this legislation to not pass over 
those whose family members were lost, or to pass over those who 
sacrificed in helping others.
  Mr. Speaker, I again want to mention Sergeant C.R. Bean, a Houston 
police officer, who, as I indicated earlier, could not swim, and along 
with officers Mike Lumpkin and Matt May, plunged into cold rapidly 
rising water to attempt to save three lives. The likes of those 
individuals who came forward are an expression of the kind of spirit we 
have in Houston, Texas.
  As indicated, many of us were out within 24 hours of the flood, 
joining the Coast Guard and joining FEMA Director Joe Allbaugh, in 
surveying the area. I want you to know that the religious community 
stood tall.
  It is very important to note the Sunnyside Multi-Service Center, the 
Friendswood Activity Center, Lakewood Church, the Berean Seventh Day 
Adventist Church, the American Red Cross Centers, the Salvation Army, 
the Men's Shelter, the B.L.O.C.K., the Oak Village Middle School, Kirby 
Middle School, Sweet Home Missionary Baptist Church and Lakewood Church 
that opens it doors to 2,000 people right after the flood.
  This was the kind of sacrifice, Mr. Speaker, that was made, Robert 
Muhammad and Makeba Muhammad from Mosque 45 in Houston who fed over 
3,000 families.
  Mr. Speaker, I would like to acknowledge the fact that we lost even a 
Red Cross worker; and the name is Sharon Mateja of Warsaw, Missouri. 
Sharon was a Red Cross volunteer and a member of the board of directors 
who was crushed by a van when helping another volunteer move bags of 
ice to a Red Cross van.
  Mr. Speaker, we would like to say that this will not happen again, 
but we are working diligently with the FEMA resources in restoring them 
back into the budget and being assured, as I was on the floor of the 
House, as the gentleman from Florida (Mr. Young), Chairman of the 
Committee on Appropriations, that we would not let Houston and the 
surrounding areas not have the dollars it needs to be restored.
  We will be fighting for those dollars; and to those who are seeking 
to be rebuilt and to be recovered, we will continue to work with you.
  We will also work prospectively to ensure that we put in place the 
kind of structures that help us not have such incidents occur or 
prevent such incidents from occurring again.
  Today, what we are doing, Mr. Speaker, is simply thanking all of 
those who are still standing and rising to the occasion. We are here to 
thank the volunteers, the churches, the local officials, because the 
day still continues where they are recovering and seeking to recover.
  It will be a long journey, but when someone asks what is going on in 
Houston, Texas, and the surrounding areas, I am saying great activities 
are going on, great people are working with others and we are doing the 
job to get the job done.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H. Res. 166, 
recognizing the outstanding and invaluable disaster relief assistance 
provided by individuals, organizations, and businesses, to the people 
of Houston, Texas, and surrounding areas during the flooding caused by 
Tropical Storm Allison.
  During the month of June, Tropical Storm Allison brought devastating 
floods and damage from debris to Texas, Louisiana, Florida, and many 
other states. After the President declared the storm that hit Texas a 
major disaster, 28 counties became eligible for disaster assistance. 
Tragically, Tropical Storm Allison is responsible for 21 deaths, 
countless injuries, and major damage to homes and businesses. Yet, 
through it all, many individuals and groups selflessly gave of 
themselves and

[[Page 11899]]

their resources to help in the disaster efforts. From the Red Cross and 
Salvation Army, to local churches, to the Harris County Police and Fire 
Department, to the Texas Medical Center, to the United States Coast 
Guard, to the dedicated elected officials, to name just a few; they all 
made special efforts and sacrifices and today, we honor them for their 
service and dedication to their fellow citizens.
  The pending resolution calls our attention to our recent failure to 
ensure that we will be able to aid victims of Allison and future 
disasters. Just last week, while the Federal Emergency Management 
Agency (FEMA) was working diligently to help the victims of Tropical 
Storm Allison, the House passed H.R. 2216, the FY2001 Supplemental 
Appropriations Act, containing a provision, which many of us strongly 
opposed, to rescind $389 million in disaster relief funds from FEMA.
  Currently, FEMA is assessing the impact of Tropical Storm Allison on 
Texas, Louisiana, and Florida, and it expects to request additional 
funds to address these pressing needs. More than 25,000 flood insurance 
claims are expected from that region of the country, and FEMA is 
projecting the flood insurance claims for Tropical Storm Allison in 
Texas and Louisiana alone will exceed $350 million.
  The proposed rescission could preclude FEMA's ability to pay these 
claims and it might limit assistance to future victims of disasters and 
necessitate another supplemental spending bill. The rescission 
eliminates much of the funding needed by the agency to provide quick 
and effective assistance to disaster-stricken communities and victims. 
The most recent disasters highlight the fact that these funds could be 
needed by FEMA to pay for natural disasters occurring in FY2001. They 
should not be rescinded.
  Moreover, with the increases in climate change brought on by global 
warming, we should begin to expect more natural disasters. According to 
recent data, in 1999, the United States experienced the warmest 
January-March period since we began keeping these records 106 years 
ago. Climate change and these recent warming patterns are costly to the 
Nation. These temperature changes can lead to more extreme weather 
events, including droughts, floods, and hurricanes.
  Over the past decade we have seen a marked increase in natural 
disasters and this trend is expected to continue. FEMA data show that 
more frequent and severe weather calamities and other natural phenomena 
during the past decade required 460 major disasters declarations, 
nearly double the 237 declarations from the previous ten-year period, 
and more than any other decade on record. The increased number and 
severity of natural disasters has huge economic impacts on the United 
States. Comparing the three-year periods of 1989 through 1991, and 1997 
through 1999, the federal cost of severe weather disasters rose a 
dramatic 337 percent in less than ten years. Of the $35 billion that 
FEMA has spent in the last 20 years for disaster relief, $28 billion, 
or 80 percent, has occurred in the last seven years alone (1993-2000). 
In addition, the insurance industry has paid more than $63 billion in 
insured losses in these seven years.
  Fortunately, the Senate Appropriations Committee has reported its 
Supplemental Appropriations bill and it does not contain the $389 
million rescission from FEMA's contingency fund. I am hopeful that the 
conference report on this bill will not accept the House provision on 
FEMA's rescission. We are all aware of the critical and fundamental 
support that FEMA provides for the victims of natural disasters. It is 
essential that we do not hinder FEMA's mission by allowing unwarranted 
rescissions or cuts to FEMA's budget.
  Again, I commend the numerous individuals, government agencies, and 
groups of people in Texas who heroically gave of themselves and 
assisted their fellow citizens through a major disaster. They serve as 
an inspiration to us all and I pledge to work together with FEMA and 
other agencies on behalf of these victims to help them rebuild their 
lives and renew their spirits.
  I urge all Members to support H. Res. 166.
  Mr. CRENSHAW. Mr. Speaker, I rise in support of H. Res. 166, which 
honors the men and women, community organizations and businesses, and 
the government entities that provided relief and assistance to the 
people of Texas in the wake of tropical storm Allison.
  It is truly times like these, when Mother Nature strikes suddenly and 
strongly, that communities must come together to help people whose 
homes and businesses are damaged or destroyed and who might have 
suffered loss of life within their families. It is a true testament to 
the spirit of community to see neighbor selflessly helping neighbor in 
these circumstances, and I commend the men and women who lent of their 
time, energy, money, resources, and friendship to make the flooding in 
Houston and its suburbs less painful for their neighbors.
  While the damage was not nearly so severe, I would be remiss if I did 
not mention the community spirit of Floridians who helped to reduce the 
pain and suffering that tropical storm Allison brought to the people of 
Florida. For instance, local fire and rescue workers attempted to save 
swimmers who regrettably drowned off of Florida Panhandle beaches in 
the storm-tossed waters of the Gulf. They also worked to save men and 
women caught off guard by the flooding in Tallahassee and elsewhere in 
North Florida. Also, electric company and utility employees worked to 
keep power, water, and information flowing into people's homes and 
businesses as North Florida was pelted with heavy rain, 40-55 mile-per-
hour winds, and 15-foot waves.
  It is in their honor, as well, that I ask my colleagues to support 
this resolution.
  Ms. PELOSI. Mr. Speaker, I rise to speak in support of H. Res. 166 
and applaud Ms. Jackson-Lee for introducing this resolution. H. Res. 
166 commends the many volunteers, public safety officials, agencies, 
and businesses that rose to the challenge of tropical storm Allison. 
The storm took 22 lives and caused at least $4.8 billion in property 
damage.
  Living in San Francisco, in an area that is prone to natural 
disasters, I appreciate the commitment and heroism shown by so many 
people in the wake of a major natural disaster. Thanks to many brave 
and generous individuals, Houston and the communities around it pulled 
through the storm and are on the road to recovery.
  I came back this morning from Houston, where I had the great pleasure 
of meeting my 6th grandchild, who was born on Sunday. While the damage 
in the area is clearly visible, so are the signs of healing. For my own 
family and all the people who call Houston home, I was pleased to see 
the recovery already underway. I urge my colleagues to support this 
resolution.
  Mr. COOKSEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from Louisiana (Mr. Cooksey) that the House 
suspend the rules and agree to the resolution, H. Res. 166.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LAMPSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________



                             GENERAL LEAVE

  Mr. COOKSEY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include therein extraneous material on H. Res. 166.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.

                          ____________________



          REMOVAL OF NAME OF MEMBER AS COSPONSOR ON H.R. 2149

  Mr. COMBEST. Mr. Speaker, I ask unanimous consent that my name be 
removed as a cosponsor of H.R. 2149.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                          ____________________



                 2001 CROP YEAR ECONOMIC ASSISTANCE ACT

  Mr. COMBEST. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2213) to respond to the continuing economic crisis adversely 
affecting American agricultural producers, as amended.
  The Clerk read as follows:

                               H.R. 2213

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MARKET LOSS ASSISTANCE.

       (a) Assistance Authorized.--The Secretary of Agriculture 
     (referred to in this Act as the ``Secretary'') shall, to the 
     maximum extent practicable, use $4,622,240,000 of funds of 
     the Commodity Credit Corporation to make a market loss 
     assistance payment to owners and producers on a farm that are 
     eligible for a final payment for fiscal year 2001

[[Page 11900]]

     under a production flexibility contract for the farm under 
     the Agriculture Market Transition Act (7 U.S.C. 7201 et 
     seq.).
       (b) Amount.--The amount of assistance made available to 
     owners and producers on a farm under this section shall be 
     proportionate to the amount of the total contract payments 
     received by the owners and producers for fiscal year 2001 
     under a production flexibility contract for the farm under 
     the Agricultural Market Transition Act.

     SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT.

       The Secretary shall use $423,510,000 of funds of the 
     Commodity Credit Corporation to make a supplemental payment 
     under section 202 of the Agricultural Risk Protection Act of 
     2000 (Public Law 106-224; 7 U.S.C. 1421 note) to producers of 
     the 2000 crop of oilseeds that previously received a payment 
     under such section.

     SEC. 3. SUPPLEMENTAL PEANUT PAYMENT.

       The Secretary shall use $54,210,000 of funds of the 
     Commodity Credit Corporation to provide a supplemental 
     payment under section 204(a) of the Agricultural Risk 
     Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 
     note) to producers of quota peanuts or additional peanuts for 
     the 2000 crop year that previously received a payment under 
     such section. The Secretary shall adjust the payment rate 
     specified in such section to reflect the amount made 
     available for payments under this section.

     SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT.

       (a) Supplemental Payment.--The Secretary shall use 
     $129,000,000 of funds of the Commodity Credit Corporation to 
     provide a supplemental payment under section 204(b) of the 
     Agricultural Risk Protection Act of 2000 (Public Law 106-224; 
     7 U.S.C. 1421 note) to eligible persons (as defined in such 
     section) that previously received a payment under such 
     section.
       (b) Special Rule for Georgia.--The Secretary may make 
     payments under this section to eligible persons in Georgia 
     only if the State of Georgia agrees to use the sum of 
     $13,000,000 to make payments at the same time, or 
     subsequently, to the same persons in the same manner as 
     provided for the Federal payments under this section, as 
     required by section 204(b)(6) of the Agricultural Risk 
     Protection Act of 2000.

     SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAYMENT.

       The Secretary shall use $16,940,000 of funds of the 
     Commodity Credit Corporation to provide a supplemental 
     payment under section 814 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (as enacted by Public Law 
     106-387), to producers of wool, and producers of mohair, for 
     the 2000 marketing year that previously received a payment 
     under such section. The Secretary shall adjust the payment 
     rate specified in such section to reflect the amount made 
     available for payments under this section.

     SEC. 6. SUPPLEMENTAL COTTONSEED ASSISTANCE.

       The Secretary shall use $84,700,000 of funds of the 
     Commodity Credit Corporation to provide supplemental 
     assistance under section 204(e) of the Agricultural Risk 
     Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1421 
     note) to producers and first-handlers of the 2000 crop of 
     cottonseed that previously received assistance under such 
     section.

     SEC. 7. SPECIALTY CROPS.

       (a) Base State Grants.--The Secretary shall use $26,000,000 
     of funds of the Commodity Credit Corporation to make grants 
     to the several States and the Commonwealth of Puerto Rico to 
     be used to support activities that promote agriculture. The 
     amount of the grant shall be--
       (1) $500,000 to each of the several States; and
       (2) $1,000,000 to the Commonwealth of Puerto Rico.
       (b) Grants for Value Of Production.--The Secretary shall 
     use $133,400,000 of funds of the Commodity Credit Corporation 
     to make a grant to each of the several States in an amount 
     that represents the proportion of the value of specialty crop 
     production in the State in relation to the national value of 
     specialty crop production, as follows:
       (1) California, $63,320,000.
       (2) Florida, $16,860,000.
       (3) Washington, $9,610,000.
       (4) Idaho, $3,670,000.
       (5) Arizona, $3,430,000.
       (6) Michigan, $3,250,000.
       (7) Oregon, $3,220,000.
       (8) Georgia, $2,730,000.
       (9) Texas, $2,660,000.
       (10) New York, $2,660,000.
       (11) Wisconsin, $2,570,000.
       (12) North Carolina, $1,540,000.
       (13) Colorado, $1,510,000.
       (14) North Dakota, $1,380,000.
       (15) Minnesota, $1,320,000.
       (16) Hawaii, $1,150,000.
       (17) New Jersey, $1,100,000.
       (18) Pennsylvania, $980,000.
       (19) New Mexico, $900,000.
       (20) Maine, $880,000.
       (21) Ohio, $800,000.
       (22) Indiana, $660,000.
       (23) Nebraska, $640,000.
       (24) Massachusetts, $640,000.
       (25) Virginia, $620,000.
       (26) Maryland, $500,000.
       (27) Louisiana, $460,000.
       (28) South Carolina, $440,000.
       (29) Tennessee, $400,000.
       (30) Illinois, $400,000.
       (31) Oklahoma, $390,000.
       (32) Alabama, $300,000.
       (33) Delaware, $290,000.
       (34) Mississippi, $250,000.
       (35) Kansas, $210,000.
       (36) Arkansas, $210,000.
       (37) Missouri, $210,000.
       (38) Connecticut, $180,000.
       (39) Utah, $140,000.
       (40) Montana, $140,000.
       (41) New Hampshire, $120,000.
       (42) Nevada, $120,000.
       (43) Vermont, $120,000.
       (44) Iowa, $100,000.
       (45) West Virginia, $90,000.
       (46) Wyoming, $70,000.
       (47) Kentucky, $60,000.
       (48) South Dakota, $40,000.
       (49) Rhode Island, $40,000.
       (50) Alaska, $20,000.
       (c) Specialty Crop Priority.--As a condition on the receipt 
     of a grant under this section, a State shall agree to give 
     priority to the support of specialty crops in the use of the 
     grant funds.
       (d) Specialty Crop Defined.--In this section, the term 
     ``specialty crop'' means any agricultural crop, except wheat, 
     feed grains, oilseeds, cotton, rice, peanuts, and tobacco.

     SEC. 8. COMMODITY ASSISTANCE PROGRAM.

       The Secretary shall use $10,000,000 of funds of the 
     Commodity Credit Corporation to make a grant to each of the 
     several States to be used by the States to cover direct and 
     indirect costs related to the processing, transportation, and 
     distribution of commodities to eligible recipient agencies. 
     The grants shall be allocated to States in the manner 
     provided under section 204(a) of the Emergency Food 
     Assistance Act of 1983 (7 U.S.C. 7508(a)).

     SEC. 9. TECHNICAL CORRECTION REGARDING INDEMNITY PAYMENTS FOR 
                   COTTON PRODUCERS.

       (a) Conditions on Payment to State.--Subsection (b) of 
     section 1121 of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     1999 (as contained in section 101(a) of division A of Public 
     Law 105-277 (7 U.S.C. 1421 note), and as amended by section 
     754 of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (as enacted by Public Law 106-387; 114 Stat. 1549A-42), is 
     amended to read as follows:
       ``(b) Conditions on Payment to State.--The Secretary of 
     Agriculture shall make the payment to the State of Georgia 
     under subsection (a) only if the State--
       ``(1) contributes $5,000,000 to the indemnity fund and 
     agrees to expend all amounts in the indemnity fund by not 
     later than January 1, 2002 (or as soon as administratively 
     practical thereafter), to provide compensation to cotton 
     producers as provided in such subsection;
       ``(2) requires the recipient of a payment from the 
     indemnity fund to repay the State, for deposit in the 
     indemnity fund, the amount of any duplicate payment the 
     recipient otherwise recovers for such loss of cotton, or the 
     loss of proceeds from the sale of cotton, up to the amount of 
     the payment from the indemnity fund; and
       ``(3) agrees to deposit in the indemnity fund the proceeds 
     of any bond collected by the State for the benefit of 
     recipients of payments from the indemnity fund, to the extent 
     of such payments.''.
       (b) Additional Disbursements From the Indemnity Fund.--
     Subsection (d) of such section is amended to read as follows:
       ``(d) Additional Disbursement to Cotton Ginners.--The State 
     of Georgia shall use funds remaining in the indemnity fund, 
     after the provision of compensation to cotton producers in 
     Georgia under subsection (a) (including cotton producers who 
     file a contingent claim, as defined and provided in section 
     5.1 of chapter 19 of title 2 of the Official Code of 
     Georgia), to compensate cotton ginners (as defined and 
     provided in such section) that--
       ``(1) incurred a loss as the result of--
       ``(A) the business failure of any cotton buyer doing 
     business in Georgia; or
       ``(B) the failure or refusal of any such cotton buyer to 
     pay the contracted price that had been agreed upon by the 
     ginner and the buyer for cotton grown in Georgia on or after 
     January 1, 1997, and had been purchased or contracted by the 
     ginner from cotton producers in Georgia;
       ``(2) paid cotton producers the amount which the cotton 
     ginner had agreed to pay for such cotton received from such 
     cotton producers in Georgia; and
       ``(3) satisfy the procedural requirements and deadlines 
     specified in chapter 19 of title 2 of the Official Code of 
     Georgia applicable to cotton ginner claims.''.
       (c) Conforming Amendment.--Subsection (c) of such section 
     is amended by striking ``Upon the establishment of the 
     indemnity fund, and not later than October 1, 1999, the'' and 
     inserting ``The''.

     SEC. 10. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN 
                   DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS.

       Notwithstanding section 1001(2) of the Food Security Act of 
     1985 (7 U.S.C. 1308(1)), the total amount of the payments 
     specified in section 1001(3) of that Act that a person

[[Page 11901]]

     shall be entitled to receive for one or more contract 
     commodities and oilseeds under the Agricultural Market 
     Transition Act (7 U.S.C. 7201 et seq.) during the 2001 crop 
     year may not exceed $150,000.

     SEC. 11. TIMING OF, AND LIMITATION ON, EXPENDITURES.

       (a) Deadline for Expenditures.--All expenditures required 
     by this Act shall be made not later than September 30, 2001. 
     Any funds made available by this Act and remaining unexpended 
     by October 1, 2001, shall be deemed to be unexpendable, and 
     the authority provided by this Act to expend such funds is 
     rescinded effective on that date.
       (b) Total Amount of Expenditures.--The total amount 
     expended under this Act may not exceed $5,500,000,000. If the 
     payments required by this Act would result in expenditures in 
     excess of such amount, the Secretary shall reduce such 
     payments on a pro rata basis as necessary to ensure that such 
     expenditures do not exceed such amount.

     SEC. 12. REGULATIONS.

       (a) Promulgation.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary and the Commodity 
     Credit Corporation, as appropriate, shall promulgate such 
     regulations as are necessary to implement this Act and the 
     amendments made by this Act. The promulgation of the 
     regulations and administration of this Act shall be made 
     without regard to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (b) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Combest) and the gentleman from Texas (Mr. Stenholm) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Combest).
  Mr. COMBEST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to advocate passage of H.R. 2213, a bill to 
provide economic assistance to farm producers for the 2001 crop year. 
The current farm recession, in its 4th year, ranks among the deepest in 
our Nation's history, along with the Great Depression, the post-World 
War I and II recessions and the financial ruin of the 1980s.
  There are many factors that contribute to this dismal situation. 
First, energy prices have skyrocketed, pushing diesel fuel and 
fertilizer to more than twice last year's prices. Second, overseas 
markets continue the slump that started with the Asian financial 
crisis, and that has been compounded by the steadily increasing 
strength of the dollar abroad.
  USDA estimates that the value of the dollar is up to 25 percent 
relative to our customers' currencies and up 40 percent relative to our 
competitors' currencies, making our farm commodities significantly less 
marketable in overseas markets. Finally, tariff charged in our 
agricultural exports remain high, averaging 5 times those levied by the 
U.S.
  Clearly, additional assistance for our farmers is needed. H.R. 2213 
makes a good start on providing such assistance. With the help of the 
Committee on the Budget, the gentleman from Iowa (Chairman Nussle), in 
this year's budget, Congress made available funding for fiscal year 
2001 and fiscal year 2002 specifically to address the need for the 
assistance in the 2001 crop year.
  The legislation before us today makes $5.5 billion available for that 
purpose. In my opinion, this amount is not sufficient to meet the needs 
of our producers, and I intend to work further as this bill moves 
forward through the legislative process to improve that message. But 
today the important point is to move the process along, because the 
fiscal year 2001 funds will expire unless delivered to hard-pressed 
farmers by the end of September, it is imperative that a bill be sent 
to the President for signature before the August recess.
  To ensure that outcome, the House must move the legislation this 
week. Despite its current imperfections, farmers need House passage of 
H.R. 2213 today.
  The Committee on Agriculture is now in the process of writing a new 
multiyear farm bill that will end the need for these annual emergency 
packages. We expect to bring that bill to the floor before the end of 
the year and hope to have it in place for next year's crop. But today 
we are dealing with the immediate crisis facing farmers in this year's 
crop, and that is why I am asking my colleagues to support passage of 
H.R. 2213.

                              {time}  1145

  Additionally, Mr. Speaker, it has come to my attention that there are 
some misconceptions currently being spread about the bill, including 
one suggesting that H.R. 2213 will extend the Northeast Dairy Compact. 
This is simply not the case.
  First of all, dairy compacts are not within the jurisdiction of the 
Committee on Agriculture and, therefore, are not germane to any 
legislation that our committee would report. Second, there are simply 
no dairy provisions of any kind in H.R. 2213, as amended.
  When I introduced the bill originally, it did include a simple 
extension of the dairy price support program due to expire at the end 
of this year, but even that provision has been removed from the amended 
version.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I support this bill even though I, too, wished we could 
do more. At the outset, let me recognize the work of the gentleman from 
Texas (Chairman Combest) and state for the record that I agree with him 
that American agriculture is in need of immediate assistance, and that 
producers of our food and fiber are at risk.
  Last year crop prices were at a 27-year low for soybeans, a 25-year 
low for cotton, a 14-year low for wheat and corn and an 8-year low for 
rice. Very little recovery has occurred since that time. The need for 
the $5.5 billion in assistance provided by this bill is so great that a 
doubling of this amount could easily be utilized.
  Because this is the fourth year in a row that we have provided ad hoc 
assistance to compensate for low commodity prices, however, I consider 
it crucial that we provide aid with a view toward the long term.
  While the budget should provide us the authority to improve our 
commodity programs, there are a couple of reasons why the amount made 
available in the budget will soon appear insufficient. First, aside 
from amounts in the bill before us, the budget provides $73.4 billion 
to add to our baseline over 10 years. During the course of the 
Committee on Agriculture's hearings, however, representatives of 
agriculture have responsibly argued for several times that amount.
  Second, the budget is not ironclad. The Committee on Agriculture has 
a budget allocation for fiscal year 2002, but not for the succeeding 
fiscal years. The remaining $66 billion is only available to the extent 
that the on-budget surplus is greater than the Medicare surplus. Our 
ability to address agriculture's long-term need is now very sensitive 
to any deterioration in the overall budget surplus.
  The reality of the tight budget situation we faced was recently made 
abundantly clear by a letter from the administration. Prior to the 
markup of this economic assistance, the OMB Director advised that, if 
the committee surpassed the $5.5 billion, he would recommend the 
President not sign the bill.
  A bare majority of my colleagues on the Committee on Agriculture 
agreed with the gentleman from Ohio (Mr. Boehner) and me that we needed 
to save every penny we could to draft a responsible long-term farm 
bill.
  I am proud to say that, by adopting our amendment, the Committee on 
Agriculture has faced its responsibility to prioritize agriculture's 
needs within the budget. Our chairman presided over a full debate with 
the utmost fairness. For those of us who were strong advocates for 
agriculture, we arrived at a difficult decision.
  The bill before the House today provides a reasonable response to our 
producers who are suffering from the continued slump in the farm 
economy. Assistance is provided in a very clear

[[Page 11902]]

way. Take the aid provided for the most recent crop and prorate the 
payments to equal $5.5 billion. I repeat, assistance is provided in a 
very clear way. Take the aid provided in the most recent crop and 
prorate the payments to equal $5.5 billion. Funds will be disbursed to 
producers quickly and simply.
  While I would have preferred alternative ways to deliver this 
assistance, we are constrained in this manner because the assistance 
must be provided by September 30.
  We also need to analyze all fiscal year 2002 options at the same time 
in order to provide the right long- and short-term policy mix. Many 
specialty crops that desire additional assistance over that provided in 
the bill can only be assisted in fiscal year 2002 money. We can provide 
such assistance, but it must be provided fairly and consistently in 
keeping with our long-term strategy.
  Mr. Speaker, I cannot disagree with those who say that the $5.5 
billion is inadequate; however, this is all we can afford at the 
moment. As we pass this bill, it is crucial that we immediately move 
toward an improved and reliable long-term policy that benefits farmers 
and taxpayers alike.
  I urge the passage of the bill.
  Mr. Speaker, I support this bill even though I wish we could do more.
  At the outset, let me recognize the work of Chairman Combest and 
state for the record that I agree with him that American agriculture is 
in need of immediate assistance and that the producers of our food and 
fiber are at risk. Last year, crop prices were at a 27-year low for 
soybeans, a 25-year low for cotton, a 14-year low for wheat and corn 
and an 8-year low for rice. Very little recovery has occurred since 
that time. The need for the $5.5 billion in assistance provided by this 
bill is so great that a doubling of this amount could easily be 
utilized.
  Because this is the fourth year in a row that we have provided ad hoc 
assistance to compensate for low commodity prices, however, I consider 
it crucial that we provide aid with a view toward the long term.
  While the Budget should provide us the authority to improve our 
commodity programs, there are a couple of reasons why the amount made 
available will soon appear insufficient:
  First, aside from amounts in the bill before us, the Budget provides 
$73.4 billion to add to our baseline over ten years. During the course 
of the Agriculture Committee's hearings, however, representatives of 
agriculture have responsibly argued for several times that amount.
  Second, the Budget is not ironclad. The Agriculture Committee has a 
budget allocation for FY 2002 but not for the succeeding fiscal years. 
The remaining $66 billion is only available to the extent that the on-
budget surplus is greater than the Medicare surplus. Our ability to 
address agriculture's long-term need is now very sensitive to ANY 
deterioration in the overall budget surplus.
  The reality of the tight budget situation we face was recently made 
abundantly clear by a letter from the Administration. Prior to the 
markup of this economic assistance, the OMB Director advised that if 
the Committee surpassed the $5.5 billion, he would recommend that the 
President not sign the bill.
  A bare majority of my colleagues on the Agriculture Committee agreed 
with Mr. Boehner and me that we needed to save every penny we could to 
draft a responsible long-term farm bill. I am proud to say that by 
adopting our amendment, the Agriculture Committee has faced its 
responsibility to prioritize agriculture's needs within the budget. Our 
Chairman presided over a full debate with the utmost fairness and, for 
those of us who are strong advocates for agriculture we arrived at a 
difficult result.
  The bill before the House today provides a reasonable response to our 
producers who are suffering from the continued slump in the farm 
economy. Assistance is provided in a very clear way: take the aid 
provided for the most recent crop and prorate the payments to equal 
$5.5 billion. Funds will be disbursed to producers quickly and simply. 
While I would have preferred alternative ways to deliver this 
assistance, we are constrained to this manner because the assistance 
must be provided by September 30.
  We also need to analyze all FY 2002 options at the same time in order 
to provide the right long and short-term policy mix. Many specialty 
crops that desire additional assistance over that provided in the bill 
can only be assisted with FY 2002 money. We can provide such 
assistance, but it must be provided fairly and consistently in keeping 
with our long-term strategy.
  Mr. Speaker, I cannot disagree with those who say that $5.5 billion 
is inadequate, however this is all we can afford at the moment. As we 
pass this bill, it is crucial that we immediately move toward an 
improved and reliable long-term policy that benefits farmers and 
taxpayers alike.
  I urge the passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from Iowa 
(Mr. Nussle), the chairman of the Committee on the Budget.
  Mr. NUSSLE. Mr. Speaker, I rise in strong support of H.R. 2213, the 
Fiscal Year 2001 Economic Assistance Act. It provides $5.5 billion in 
markets loss payments and other agriculture assistance.
  I am pleased that the Committee on the Budget was able to work hand 
in hand with the Committee on Agriculture to make this bill possible.
  Recognizing the needs of farmers, the Committee on Budget reported 
and the House passed a budget resolution that revised the allocations 
and budgetary totals for the current fiscal year to accommodate $5.5 
billion in additional emergency agricultural assistance for the crop 
year of 2001. We budgeted for this emergency. This fits within the 
budget. It is responsible.
  All the Committee on the Budget asked was that the Committee on 
Agriculture produce a straightforward bill that avoided accounting 
gimmicks and reserved sufficient funds to meet future crop year needs 
and permanently reform agricultural assistance programs so we can move 
away from this Band-Aid approach of the past 3 years. H.R. 2213 more 
than up holds the Committee on Agriculture's part of this bargain.
  As the chairman of the Committee on the Budget, I have the privilege 
of reporting to my colleagues that this bill is within the budget. I 
commend the gentleman from Texas (Chairman Combest), the gentleman from 
Georgia (Chairman Chambliss), the gentleman from Texas (Mr. Stenholm), 
ranking member, for their hard work on this and all the members of the 
Committee on Agriculture.
  Mr. STENHOLM. Mr. Speaker, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
allowing me to speak on this bill.
  I know it has been hard for the members of the Committee on 
Agriculture, but I am personally disappointed that there appears to be 
no funding for the conservation programs in the agricultural 
supplemental. This is especially troubling in light of the fact that it 
appears that the Committee on Appropriations plans to sharply reduce 
funding for our major conservation program in the next fiscal year, 
including the Wetlands Reserve Program, the Wildlife Habitat Incentives 
Program and Farmland Protection Program.
  Only 5 percent of the USDA funding rewards voluntary efforts for 
protecting our drinking water supplies, to provide habitat for 
wildlife, protect open spaces.
  There are many programs where farmers voluntarily want to come 
forward, but as a result of declining funding levels for conservation 
programs, three out of four farmers, ranchers and foresters are 
rejected when they seek cost-sharing to improve the quality of our 
drinking water supplies; 9 out of 10 are rejected when they offer to 
sell development rights to help combat sprawl and protect farmland; 
half of our farmers and ranchers and foresters are rejected when they 
seek basic technical assistance. Sadly, we are not stepping forward to 
help the incredibly productive farmland that surrounds our metropolitan 
area, the urban-influenced farmland.
  Mr. Speaker, as we struggle with declining amounts of money because 
of some decisions that we have made, that, frankly, I think some of us 
are hoping that people recognize were inappropriate, we need to make 
sure that we are dealing with efforts to equip and ensure that we 
maintain the agricultural base.
  This is an opportunity for a win-win to protect the environment, to 
enhance the vast majority of small farmers that are at risk, and to 
make sure that we

[[Page 11903]]

are preserving water quality supplies. I am hopeful that we can do 
better in the future.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Georgia (Mr. Chambliss).
  Mr. CHAMBLISS. Mr. Speaker, I thank the chairman for the opportunity 
to speak today, and I thank him for his leadership on this and other 
matters relative to the agriculture community in our country.
  I rise in strong support of this bill. I would say to the gentleman 
from Oregon (Mr. Blumenauer) I share the same concerns that he does 
about conservation, and I hope we can address that to a greater extent 
in the farm bill.
  But what we are doing today is coming forward with a market 
assistance package, and I emphasize that because it is not a disaster 
bill. A market assistance package is necessary for our farmers because, 
for the fourth year in a row, we are facing low commodity prices all 
across the spectrum.
  This bill is responsible. It addresses the needs of producers. It 
puts an amount of money in the pocket of producers as quickly as we can 
do it. Our folks need that relief now. At the same time, if the 
American people are going to be assured that they are going to continue 
to have quality food products at low-commodity prices, we need to pass 
this bill today.
  Mr. STENHOLM. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Kind).
  Mr. KIND. Mr. Speaker, I thank the gentleman from Texas for yielding 
me this time.
  Mr. Speaker, I rise in support of this measure, but I also want to 
express some disappointment with the lack of any type of funding for 
conservation programs within this farm supplemental bill for 2001.
  While there is no doubt that our Nation's farmers, ranchers and 
foresters are struggling financially, this measure merely continues the 
failed economic policies of the current farm bill, directs cash 
transfers that many of us believe distort the marketplace and drives 
commodity prices even further down.
  The next farm bill, which the House is currently considering, must be 
more inclusive and provide creative new revenue streams to assist our 
Nation's family farmers. It is my hope that voluntary incentive-based 
conservation programs which provide landowners with much-needed revenue 
while also assisting them in meeting soil, air and water environmental 
compliance is a part of the new farm bill.
  For instance, programs such as Wetlands Reserve, Wildlife Habitat 
Incentive Programs and the Farmland Protection Program not only help 
our farmers to promote preservation of open space, habitat for wildlife 
and improve water quality, but they also increase farm profitability.
  Two-thirds of America's farmers do not benefit from any traditional 
income support programs under the current farm bill. Furthermore, more 
than 90 percent of USDA payments go to only one-third of America's 
farmers who produce commodity crops. For example, States such as 
California and Florida receive less than 3 cents from USDA for every 
dollar they earn. Conservation payments provide an important source of 
funding that allows farmers throughout all regions of the country to 
retain their land while providing benefits to society, including 
cleaner drinking water and improved recreational opportunities.
  Currently, funding levels are insufficient to meet the demands of 
conservation programs. Three out of every four farmers, ranchers and 
private forest landowners are turned away when they seek to participate 
and help protect habitat and improve the quality of drinking water 
supplies through these land conservation programs.
  Mr. Speaker, I hope the conservation funding aspect becomes a major 
feature of the next farm bill. I look forward to working with the 
leadership on that.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Montana (Mr. Rehberg).
  Mr. REHBERG. Mr. Speaker, agriculture is Montana's number one 
industry, but with the cost of farm production at an all-time high and 
farm incomes sagging, I am deeply concerned about agriculture's future 
in our State.
  H.R. 2213 will provide much-needed help to Montana producers, but the 
bill fails in many ways. The assistance level provided for in this 
legislation is not sufficient to address needs of many families this 
year.
  H.R. 2213 fails to address the needs of dairy farmers, sugarcane 
growers, those who graze their wheat, barley, and oats, as well as 
producers who are denied marketing loan assistance because they do not 
have an AMTA contract.
  Members who supported the $5.5 billion in assistance at the committee 
level argued that a cut in funds to producers this year was necessary 
to save funds for the new farm bill, but I fear that many producers in 
my State will now have to face the reality that they may not make it 
for the next farm bill.
  While this bill is far from perfect, it is a first step in keeping 
Congress' commitment to stand by American farmers and ranchers until a 
permanent safety net is in place.
  I want to thank the gentleman from Texas (Chairman Combest) and the 
staff for all their hard work on behalf of America's rural communities.
  Mr. STENHOLM. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Shows).
  Mr. SHOWS. Mr. Speaker, dramatic increases in energy costs have hurt 
everybody, especially in the agriculture industry. Today, right now, 
farmers in my district, a lot of them, are going bankrupt, clearly not 
able to keep up with their energy bills.
  We need to encourage more domestic production of oil and gas, but 
that is for the future. We will not solve the crisis of today.
  I am not really not here to point fingers, assign blame for 
skyrocketing energy prices, but I am here on behalf of family farmers 
who do seek solutions. They need our help now.
  Despite repeated appeals from my colleagues and myself, this 
Congress, this leadership has ignored the plight of ordinary citizens 
who are suffering this energy crisis. Let us face the fact that some 
farmers and ranchers have seen their gas bills double and triple over 
the last year, and this is through no fault of their own.
  Our economy depends on agriculture, and especially Mississippi, 
because we are still a rural economy.
  This may not be a natural disaster like a tornado or flood, but it is 
a disaster just the same. It is an economic disaster that threatens the 
very existence of our farmers.
  If we cannot see fit to address these needs through supplemental 
funding, I challenge the Congress to take up the issue separately.

                              {time}  1200

  I have introduced H.R. 478, the Family Farmers' Emergency Energy 
Assistance Act, which will provide immediate and long-term emergency 
assistance to our farmers and ranchers, including crop and greenhouse 
growers and poultry and livestock producers.
  H.R. 478 will authorize the Secretary of Agriculture to provide 
grants to help farmers and ranchers to deal immediately with financial 
pressures caused by this crisis. This bill would also make low-interest 
loans available to help deal with the energy crisis for the months 
ahead.
  H.R. 478 defines what constitutes an ``energy emergency'' and lays 
out a formula that will work. H.R. 478 is a farm energy crisis bill 
that will ensure that agriculture producers suffering an energy crisis 
will get assistance.
  I am calling upon our leaders in Congress to move this emergency 
assistance bill quickly to passage. In a world where reliable energy 
costs are tantamount to success or failure, we should remember the pain 
rural America is enduring while we stand here and debate.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Mississippi (Mr. Pickering).
  Mr. PICKERING. Mr. Speaker, I rise today to voice my support for the 
farmers of my home State of Mississippi and for this legislation.

[[Page 11904]]

  Could we do more? Yes. Should we do more? I hope by the end of the 
day, by the time this Senate takes this up and it goes to the 
President, that there will be more. In terms of real dollars, 
Mississippi farmers are facing their 4th year of prices that have not 
been this low since the Great Depression.
  I look forward to working with the committee and the chairman to look 
at ways in the farm bill that we can have long-term solutions to crises 
that come up, not only in our commodities and crops, but for farmers 
who are in other areas, such as poultry. We need to find ways so that 
if we do have an energy crisis or spike that we can meet those needs, 
whether through grants or loans, so that they too can manage their farm 
income in a way that is predictable and gives them certainty. We need 
to help our farmers avoid the bankruptcies that we are seeing today in 
places across my district and in the Southeast.
  As we continue to get the emergency assistance and the long-term 
care, I look forward to working, as chairman of the Congressional 
Sportsmen's Caucus Waterfowl Task Force, in getting the conservation 
titles of the farm bill in order for the good it does both for our 
environment and for our farmers.
  Mr. STENHOLM. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Chairman, I thank the gentleman from Texas (Mr. 
Stenholm) for yielding me this time, and I want to compliment the 
chairman of the committee for this supplemental, which goes a long way 
to preserving the rural legacy of this United States, understanding the 
fact that every year we lose hundreds of farms all across the Nation. 
This injection of dollars will go a long way into helping make our 
farms sustainable and, to a large extent, if we work the right way, 
making those farms profitable.
  I would also ask the Chairman, as we move through the rest of this 
session, to understand that not only do the AMTA payments make a 
difference, but the conservation title of the farm bill goes a long way 
into diversifying a great deal of what happens in our ag communities.
  In our ag communities, there is literally an ag corridor; and we need 
to keep it from being fragmented. In our ag communities, there is also 
a habitat conservation corridor for wildlife upon which many farmers 
depend on diversifying their ag businesses. Whether it is hunting or 
fishing, the conservation title goes a long way into preserving the 
rural legacy of this country.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Oklahoma (Mr. Lucas).
  Mr. LUCAS of Oklahoma. Mr. Speaker, I rise today to support the 
agricultural assistance package, but I must state flatly for the record 
that I was extremely disappointed last week when this much-needed 
package was reduced from $6.5 billion to $5.5 billion in committee. A 
majority of the Committee on Agriculture chose not to support me or the 
chairman in a package that was equal to last year's assistance. This 
billion dollar cut will cost Oklahoma producers 10 cents a bushel for 
wheat and effectively kills the LDP graze-out program for 2002. That is 
unacceptable.
  This is the worst time to be cutting funding for agricultural 
producers. Commodity prices remain low, input prices are increasing and 
continue to increase dramatically. If anything, we should be increasing 
our funding for these programs. Yes, this assistance package is a good 
first step. It is insufficient to meet the needs of agricultural 
producers, especially in Oklahoma, but at least it is headed in the 
right direction.
  I want to assure my friends and colleagues here on the floor that 
while I think this will help producers across the country, and 
particularly in Oklahoma too, that I intend to work with the other body 
to ensure that the cuts made last week by the Stenholm-Boehner 
amendment are restored and that we provide our producers with that 
minimum $6.5 billion.
  Mr. STENHOLM. Mr. Speaker, I have no further speakers at this time, 
and I reserve the balance of my time.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Minnesota (Mr. Kennedy).
  Mr. KENNEDY of Minnesota. Mr. Speaker, I thank the chairman for 
yielding me this time, and I rise to support this bill but to express 
my disappointment that the House Committee on Agriculture voted last 
week to reduce the supplemental aid to farmers in the supplemental farm 
package last week. I opposed the amendment by the gentleman from Texas 
(Mr. Stenholm) to reduce the supplemental aid to $5.5 billion and 
supported the chairman's proposal to provide $6.5 billion in support; 
the same level as in prior years.
  Our farmers are struggling, and we must provide them with the aid 
they need. This funding bill is better than no assistance, but we 
really needed that additional billion dollars to help our farmers. I 
consider this a first step towards ensuring that we provide our farmers 
the support they need.
  We continue to wrestle with historically low prices, and yet this 
year, in our part of the country, we are having very poor planting 
conditions and are expecting to have lower yields than in prior years. 
So we need more aid to maintain the same level as prior years, not 
less. Now is certainly not the time to cut it, particularly with energy 
costs driving up the cost of fertilizer and everything else.
  Mr. Speaker, I intend to help the chairman and other committee 
members in an effort to restore funding as the process moves forward.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
North Carolina (Mr. Hayes).
  Mr. HAYES. Mr. Speaker, I thank the chairman for yielding me this 
time, and I rise today for eighth district farmers in North Carolina to 
support H.R. 2213, the 2001 Crop Year Economic Assistance Act. I want 
to thank the chairman for his continued leadership and diligence in 
bringing assistance to our Nation's farmers who are in need.
  I am supportive of this bill, though I support the $6.5 even more; 
and I hope it will bring some relief to our farmers plagued by low 
commodity prices, rising energy costs, drought, and a slow world 
economy. USDA estimates that without government assistance, farmers' 
income could drop to historical lows, so it is imperative we act now.
  H.R. 2213 does not provide the same level of assistance as previous 
years but I urge my colleagues' support and it is my sincere hope that 
we can provide more adequate assistance as we move through the 
legislative process.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I want to thank him for his hard work and leadership in 
speeding this crop assistance package to the floor today. Family 
farmers across Indiana appreciate the gentleman's aggressiveness.
  Mr. Speaker, by providing $5.5 billion in economic assistance, this 
farm bill represents a much-needed first step in keeping Congress' 
promise to America's farmers and ranchers, but it is only a first step.
  It is said that the sower sows in expectation, and this farm bill 
fails to meet the expectation of American farmers in at least two 
respects. First, the assistance level it provides is not sufficient to 
address the total needs of farmers and ranchers; and, second, the 
bill's scope is too narrow, leaving many needs completely unaddressed.
  At a time when real net cash income on the farm is at its lowest 
level since the Great Depression, it is not time to cut supplemental 
aid to farmers. Although I urge my colleagues to support this bill as a 
first step toward helping our Nation's farmers, I am deeply 
disappointed that this bill leaves out $1 billion in farm aid for only 
a few short-term benefits.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Boehner).
  Mr. BOEHNER. Mr. Speaker, let me congratulate the chairman, the 
gentleman from Texas (Mr. Combest), and the gentleman from Texas (Mr. 
Stenholm) for continuing to move this process along.

[[Page 11905]]

  We all know that we have great difficulty in ag country. We have low 
commodity prices, we have higher fuel costs, and the pressure is on 
farmers across the country and has been. Until we open more markets for 
our farmers, this pressure will continue to be there because our 
farmers continue to out-produce their competitors around the world.
  There has been a lot said here about the size of this package. As the 
author of the amendment, along with my good friend, the gentleman from 
Texas (Mr. Stenholm), I believe that the $5.5 billion, as allocated by 
the budget, is a sufficient amount of money for aid now. Would I like 
to do more? Of course, I would like to do more. But the fact is we just 
went through a budget process and allocated $5.5 billion for this 
year's emergency assistance to farmers. To go back on that now opens 
the door to the other body to raise the number even higher. I think 
what we have done here is the fiscally responsible thing to do.
  Secondly, we are about to go through the new farm bill. We are going 
to have a major debate about how to reallocate those resources 
dedicated in the budget to the new farm bill. Let us not stick our 
fingers into the pie and take some of next year's money for this year's 
problems.
  Mr. COMBEST. Mr. Speaker, how much time is remaining?
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from Texas (Mr. 
Combest) has 7\1/2\ minutes remaining; the gentleman from Texas (Mr. 
Stenholm) has 8\1/2\ minutes remaining.
  Mr. COMBEST. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Smith).
  Mr. SMITH of Michigan. Mr. Speaker, American agriculture is in a 
predicament. Should we go to the free market system and say survival of 
the fittest in an international market and price for food and fiber?
  It is complicated by a couple of situations. One is the fact that 
other countries, such as Europe, subsidize their farmers up to five 
times as much as we subsidize our farmers.
  How interested are we in maintaining a vital agricultural economy in 
the United States? I would suggest to my colleagues that that ability 
to produce food is even more important than the production of energy 
for our national security. With our dependency on imported energy, we 
have seen what can happen when OPEC decides to hold back. Think what 
might happen with food.
  Right now, farmers are faced with low commodity prices. A 27-year low 
for soybeans, 25-year low for cotton, a 14-year low for wheat and corn, 
an 8-year low for rice. Over the past 3 years, net cash income fell in 
real dollars to its lowest point since the depression.
  Now is the time that we have to make the decision of standing up for 
the survival of American agriculture. I would just suggest that farmers 
need help to survive. In addition to low commodity prices we have seen 
increased fuel costs of $2.4 billion over the last year because of 
higher energy prices.
  Mr. COMBEST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Kansas (Mr. Moran).
  Mr. MORAN of Kansas. Mr. Speaker, I thank the chairman for yielding 
me this time. It is with concern today that I rise on the House floor. 
This is an important piece of legislation. We have worked hard at 
making certain that the farmers of Kansas and across the country have 
access to additional resources this year to tide them over; and yet the 
actions of our House Committee on Agriculture last week, I think, are 
inadequate in reaching that goal.
  I voted against the passage of this bill from the committee, and yet 
I know it is important for the process to continue. We have hope that 
additional dollars will be placed in this legislation before this bill 
returns from the Senate.
  Two weeks ago I spoke on the House floor about the difficulties 
facing farmers in my State. I talked about corn prices at $1.89 and 
gasoline at $1.93. That does not work. Combines and custom cutters are 
working their way across Kansas now. Wheat prices dropped 25 cents last 
month; and when I looked at the board this morning, in Dodge City wheat 
was $2.71, down another 4 cents.
  Assistance today is important. Many of my farmers will not be able to 
wait around and see what happens with the farm bill and the 
improvements that we hope to make in agricultural policy in this 
Congress unless they have some dollars to tide them over now. The 
crisis is real, and the consequences of our failure to act are 
significant.
  I joined the chairman in supporting an increase for assistance for 
farmers. Our position failed by one vote, 24 to 23. So even within the 
House Committee on Agriculture, there is disagreement in the best way 
to help producers. However, I think now is not the time to hold up this 
bill over our previous disagreements. It is time for those of us 
concerned about agriculture and rural America to come together and to 
work on behalf of our Nation's farmers and ranchers.
  I look forward to that process continuing, and I look forward to 
working with my chairman and the ranking member to see that good things 
happen in Kansas and American agriculture.
  Mr. COMBEST. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Minnesota (Mr. Gutknecht).
  Mr. GUTKNECHT. Mr. Speaker, I thank the chairman for yielding me this 
time; and really for the benefit of some of my colleagues who are not 
from farm country, I thought I would like to take a minute today to 
talk about what is happening to agriculture here in the United States 
and around the world. Because it is easy for some people to say the 
problem is the farm bill, the problem is freedom to farm.
  It may well be true that some of the problems we face in agriculture 
today were exacerbated by the last farm bill. But the truth of the 
matter is what we are into now is the 4th consecutive year of worldwide 
record production.

                              {time}  1215

  Mr. Speaker, I think against that backdrop with any farm policy in 
the United States, our farmers would be facing a tough year as it 
relates to our commodities.
  The second thing we have to appreciate, in Europe we see huge 
subsidies for agriculture. Beyond that, we have permitted, we have 
allowed our trading competitors to subsidize their exports to the tune 
of $6 billion while we limit ourselves to $200 million. We have put 
ourselves and our farmers behind the eight ball relative to our trade 
policy and relative to our agriculture policy. Ultimately that is all 
coming together.
  There is a desperate need in agriculture today for some kind of help. 
We are here today, and the Committee on the Budget has responded 
appropriately. The bill in front of us today is the right answer. 
Ultimately there will be negotiations between the House and Senate and 
the White House, and hopefully this can be plussed up. There are 
serious problems in agriculture, most of which are not controllable by 
our farmers.
  Mr. Speaker, I think this is a good bill, and I hope all of my 
colleagues on both sides of the aisle will join us in supporting this 
legislation today.
  Mr. COMBEST. Mr. Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge my colleagues to support this bill. I associate 
myself with all of the remarks saying we should do more; but I would 
also point out that this amount of money today is within the budget 
that was passed that we have agreed to live under this year. I think 
that is a significant point. And also, as the chairman pointed out in 
his opening remarks, time is of the essence.
  Mr. Speaker, we must have this bill to the President for his 
signature by August 1 if we are to have any hope of dealing with the 
multitude of problems that this bill is designed to help.
  Mr. Speaker, I encourage my colleagues to pass this bill today and 
move the process forward, and encourage the other body to do the same.
  Mr. Speaker, I yield back the balance of my time.
  Mr. COMBEST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I appreciate the comments of the gentleman from Texas

[[Page 11906]]

(Mr. Stenholm) and appreciate the good working relationship that we 
have. Our committee works on behalf of American agriculture, I think, 
on a bipartisan basis as well as any committee in the Congress.
  It is vitally important, and I strongly urge my colleagues who have 
any reservation about the level of this funding to move forward with 
this suspension to allow the House to have completed its action so that 
we make for certain that the $5.5 billion which was established in the 
budget resolution is in fact eligible to be paid to farmers by the end 
of the fiscal year of September 30. I think it also sends a message to 
farmers that in fact there is some assistance on the way at a very 
critically needed time.
  Mr. Speaker, to the Members who spoke of the committee's action in 
the next few weeks in reporting a farm bill, I will say that we have 
heard them and all others. This will be a comprehensive farm bill. It 
will have a strong conservation title, as some have indicated is 
needed. It is an area that we are looking at very carefully. It is 
something that we will be trying to craft to deal with all aspects of 
American agriculture, and we will be spending a great deal of time on 
it. It is the intent of our committee to report a bill by the beginning 
of the August recess so that consideration for a full farm bill in a 
much-needed sector of the American economy that is suffering 
tremendously can be moved forward; and that we will be able to send a 
message to American agriculture that there is help on the way.
  Mr. Speaker, I appreciate the interest, the intensity, and passion of 
all of my colleagues on the committee.
  Mr. BISHOP. Mr. Speaker, H.R. 2213 will provide the much needed help 
that my farmers in the Second Congressional District need today. The 
$5.5 billion is not sufficient to address all the farming needs, but it 
goes a long way in helping our family farmers. Input costs have 
skyrocketed for every one including our farming community. I hope this 
supplemental bill moves quickly to help alleviate some of these costs.
  I am happy with the way our peanut farmers concerns have been 
addressed in this bill, $25.83 a ton for quota peanuts and $13.55 for 
additional peanuts will help ease the burden that our peanut farmers 
face today.
  I am glad that we continue as we should standby our American farmers. 
This will provide immediate relief while our Committee continues to 
work hard on drafting the new Farm bill.
  I urge my colleagues to support H.R. 2213 and speedily get these 
funds to our farmers.
  Mr. COMBEST. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Texas (Mr. Combest) that the House 
suspend the rules and pass the bill, H.R. 2213, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________



                             GENERAL LEAVE

  Mr. COMBEST. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 2213, the bill just passed.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                          ____________________



PROVIDING FOR CONSIDERATION OF H.R. 2299, DEPARTMENT OF TRANSPORTATION 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 2002

  Mr. REYNOLDS. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 178, and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 178

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2299) making appropriations for the Department 
     of Transportation and related agencies for the fiscal year 
     ending September 30, 2002, and for other purposes. The first 
     reading of the bill shall be dispensed with. All points of 
     order against consideration of the bill are waived. General 
     debate shall be confined to the bill and shall not exceed one 
     hour equally divided and controlled by the chairman and 
     ranking minority member of the Committee on Appropriations. 
     After general debate the bill shall be considered for 
     amendment under the five-minute rule. Points of order against 
     provisions in the bill for failure to comply with clause 2 of 
     rule XXI are waived except as follows: beginning with ``for 
     administration'' on page 13, line 24, through ``section 
     40117;'' on line 25; beginning with ``Provided'' on page 14, 
     line 12, through line 20; beginning with ``Provided'' on page 
     15, line 9, through line 14; beginning with ``Provided'' on 
     page 23, line 20, through page 24, line 2; ``notwithstanding 
     any other provision of law'' on page 26, line 10; beginning 
     with ``together with'' on page 26, line 15, through the 
     closing quotation mark on line 16; page 31, line 9 through 
     ``as amended,'' on line 10; page 38, line 23, through page 
     45, line 2; page 50, line 22, through page 51, line 15; page 
     55, line 6, through line 13; page 56, line 16, through page 
     57, line 2. Where points of order are waived against part of 
     a paragraph, points of order against a provision in another 
     part of such paragraph may be made only against such 
     provision and not against the entire paragraph. During 
     consideration of the bill for amendment, the Chairman of the 
     Committee of the Whole may accord priority in recognition on 
     the basis of whether the Member offering an amendment has 
     caused it to be printed in the portion of the Congressional 
     Record designated for that purpose in clause 8 of rule XVIII. 
     Amendments so printed shall be considered as read. At the 
     conclusion of consideration of the bill for amendment the 
     Committee shall rise and report the bill to the House with 
     such amendments as may have been adopted. The previous 
     question shall be considered as ordered on the bill and 
     amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.


                    Unfunded Mandate Point of Order

  Mr. MORAN of Virginia. Mr. Speaker, pursuant to section 426 of the 
Congressional Budget and Impoundment Control Act of 1974, I make a 
point of order against consideration of the rule (H. Res. 178) because 
it contains an unfunded Federal mandate.
  Section 426 of the Budget Act specifically states that the Rules 
Committee may not waive this point of order.
  In the rule of H. Res. 178, and I quote: ``All points of order 
against consideration of the bill are waived.'' Therefore, I make a 
point of order that this bill may not be considered pursuant to section 
426.
  The SPEAKER pro tempore. The gentleman from Virginia makes a point of 
order that the resolution violates section 426(a) of the Congressional 
Budget Act of 1974. According to section 426(b)(2) of the act, the 
gentleman must specify language in the resolution that has that effect. 
Having met this threshold burden to identify the specific language of 
the resolution under section 426(b)(2), the gentleman from Virginia 
(Mr. Moran) and a Member opposed will each control 10 minutes of debate 
on the question of consideration under section 426(b)(4).
  Following the debate, the Chair will put the question of 
consideration, to wit: Will the House now consider the resolution?
  The gentleman from Virginia (Mr. Moran) is recognized for 10 minutes.
  Mr. MORAN of Virginia. Mr. Speaker, I raise a point of order because 
section 343 of this appropriations act directs the local transit 
authority to change the name of its transit station at Ronald Reagan 
Washington National Airport with local funds. The cost to comply with 
this provision is estimated to be $405,476; but the principle being 
violated is far more costly.
  Mr. Speaker, earlier this year the local jurisdictions which 
comprised the transit board elected not to change the name of the Metro 
station at the airport. The board determined that the estimated cost of 
these changes would be better spent on other priorities.
  In addition to the rule that requires the request to come from the 
local jurisdiction in which the station is located, the regional 
transit board has a long-standing policy of not naming their transit 
stations after people, preferring instead that they be named after the 
location that they are serving.
  At one time many Democrats wanted the RFK Stadium stop to be named

[[Page 11907]]

after Robert Kennedy, but that suggestion was rejected because Stadium-
Armory is more descriptive, and named after a place rather than a 
person.

                              {time}  1230

  In my view, that was a correct use of local taxpayer resources. I 
have to think that if President Reagan were not tragically suffering 
from Alzheimer's disease, he would join the board and the local 
governments in resisting these heavy-handed tactics of the Federal 
Government in forcing the local government to act contrary to its best 
judgment.
  In 1964 following the tragic death of President Kennedy, an 
overzealous Johnson administration by executive fiat renamed Cape 
Canaveral Cape Kennedy without consulting the local jurisdictions. Had 
the Johnson administration consulted the local jurisdictions, they 
would have learned the importance of the name Canaveral dating back to 
the time of the Spanish explorers and a part of the cape's identity, 
culture and heritage for the succeeding 400 years. For the next 10 
years, the local communities resisted the Federal action, preferring 
instead to use the term Canaveral. In the early 1970s, the Florida 
State legislature showed its defiance by enacting legislation to rename 
the cape Cape Canaveral. By default and Federal inaction, that name 
still stands.
  In the instance of the airport, the localities were never consulted 
on the 1998 act to rename the airport. Had Congress conducted hearings 
and allowed local elected officials to testify, it would have learned 
that Washington National Airport already had a name in honor of our 
first President, George Washington, one of our founding fathers, 
commander in chief of the Continental Army during the War of 
Independence, our first President and a resident of northern Virginia, 
living just down the very road that runs by the airport. The airport 
was literally built on land owned by George Washington's family.
  Recognizing the direct relationship and strong historical roots of 
the property, President Roosevelt asked that the airport's main 
terminal, completed in 1946, be designed to resemble Mount Vernon. That 
resemblance is now a historic landmark.
  Like the renaming of Cape Canaveral, resentment of the name change is 
on the minds of northern Virginia's local residents. We had a 
compromise proposal to rename the new terminal after President Reagan. 
That was rejected even though its existence bears testimony to the 
success of devolving the operations of the federally owned airport to a 
local authority. When it was under Federal control, no capital 
improvements were undertaken. Now the local authority has invested a 
billion dollars in capital improvements with non-Federal funds.
  Substantial honors have already been conferred upon President Reagan 
and more will be. There is nearly a $1 billion Ronald Reagan building 
and international trade center. Other than the Pentagon, it is the 
largest Federal building in existence. It is just a few blocks from the 
White House. We have a Nimitz class aircraft carrier. And, of course, 
the naming of the airport. President Reagan's legacy will be defined by 
what he did as President, not by what we do for him. I am sure he would 
join me in opposing this provision that mandates the local transit 
authority rename the transit station.
  In referencing the controversy of the Metro station issue in his 
weekly column, George Will said:

       How many ways are there to show misunderstanding of 
     Reagan's spirit? Let us count the zealots' ways.
       Political freedom implies freedom from political 
     propaganda--from being incessantly bombarded by government-
     imposed symbols and messages intended to shape public 
     consciousness in conformity with a contemporary agenda. Such 
     bombardment is unquestionably the aim of some Reaganite 
     monument mongers. They have the mentality that led to the 
     lunatic multiplication of Lenin portraits, busts and statues 
     throughout the Evil Empire.

  Let us resist the urge to establish Ronald Reagan's legacy by 
renaming everything after the former President, thereby trivializing 
the principles that he stood for.
  I urge that we oppose this unfunded Federal mandate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Mr. Speaker, I rise in opposition to the point of 
order.
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from New York is 
recognized for 10 minutes.
  Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume.
  I would like to take this opportunity to put to rest fears that this 
provision would violate the Unfunded Mandates Reform Act. While a 
review by the Congressional Budget Office determined the requirement to 
rename the station to be an intergovernmental mandate under the 
Unfunded Mandates Reform Act, renaming the station falls well below the 
2001 threshold of $56 million. In fact, this project is estimated to 
cost approximately $500,000. I submit CBO's findings for the Record.

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                    Washington, DC, June 25, 2001.
     Hon. James P. Moran,
     House of Representatives,
     Washington, DC.
       Dear Congressman: As you requested, the Congressional 
     Budget Office has reviewed an amendment to H.R. 2299, the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2002, that was adopted by the 
     Appropriations Committee on June 20, 2001. The amendment 
     would require the Washington Metropolitan Area Transit 
     Authority (WMATA) to redesignate the National Airport Station 
     as the Ronald Reagan Washington National Airport Station, and 
     to change all signs, maps, directories, and other 
     documentation to reflect the new name. Our review was 
     confined to determining whether that requirement constitutes 
     an intergovernmental mandate as defined by the Unfunded 
     Mandates Reform Act (UMRA) and, if so, whether the costs of 
     that mandate would exceed the threshold established in that 
     act.
       UMRA defines an intergovernmental mandate as an enforceable 
     duty imposed upon state, local, or tribal governments, unless 
     that duty is imposed as a condition of federal assistance. 
     Because the requirement to rename the station is not a 
     condition of federal assistance, it would be considered an 
     intergovernmental mandate under UMRA. No funding is provided 
     in the bill to cover the costs of complying with the mandate. 
     However, based on information from WMATA, CBO estimates that 
     those costs would be less than $500,000, well below the 
     threshold established in UMRA ($56 million in 2001).
       If you wish further information, we will be pleased to 
     provide it. The CBO contact is Susan Tompkins.
           Sincerely,
                                                 Barry B. Anderson
                                   (For Dan L. Crippen, Director).

  My colleague may claim as he did last night in the Committee on Rules 
that this provision is impractical. However, in the past, Metro has 
made name changes to other existing stations, changes that have been 
just as long and in some cases longer. A station in Virginia that is 
George Mason University, you would see GMU University. And so we could 
say RR National Airport. We could look at other provisions where Metro 
has worked on it.
  In addition, Mr. Speaker, it is important to note, as I who have 
always watched closely unfunded mandates to make sure that we are not 
saddling local government with an unfair burden. I have cited for the 
record the threshold of $56 million. But I also must bring out 
something else very important to my colleagues, that is, when we look 
at the report which we will consider in the rule and then following as 
the debate goes on the floor for the transportation appropriations 
committee, we will find on page 111 that under section 9, Formula 
Money, that the signs are eligible for funding for the $30 million that 
Metro will receive from the Federal Government as this year's 
allocation of appropriation just under section 9. That is $30 million, 
of which a half a million dollars is eligible for signage.
  Mr. Speaker, the gentleman from Virginia helped craft the Unfunded 
Mandates Reform Act, and in playing such a key role in that creation, 
he should know that these thresholds were instilled to prevent time-
consuming and unwarranted attacks on House legislation. While I 
appreciate my colleague's efforts to uphold the integrity of the 
Unfunded Mandates Reform Act, this is clearly a dilatory tactic meant 
to delay consideration of the underlying legislation.
  Mr. Speaker, I reserve the balance of my time.

[[Page 11908]]


  Mr. MORAN of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  First, I would just say to my friend, the gentleman from New York, 
that you cannot put a price tag on principle. It is a principle, Ronald 
Reagan's principle, in fact, that we are attempting to uphold here. It 
is being violated with this action.
  Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from Minnesota 
(Mr. Oberstar).
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I rise in strong support of his unfunded mandate point of 
order.
  Section 343 of H.R. 2249 orders the Washington Metropolitan Area 
Transit Authority to change the Metro stop at the airport to read 
Ronald Reagan Washington National Airport Station. This is both an 
unfunded mandate and legislation on an appropriations bill and should 
not be protected from points of order by the rule that we consider 
today.
  The Washington Transit Authority is an interstate compact dating back 
to 1967. It has a specific written policy in place adopted by the board 
of directors covering names of its stations. The specific procedure for 
station name changes says in part that, one, the local jurisdiction in 
which the station is located shall endorse and formally request a name 
change to WMATA's board of directors; two, WMATA's Office of 
Engineering and Architecture will evaluate the proposed name change 
concerning length of name, other factors and provide cost estimates; 
three, the local jurisdiction proposing the name change shall obtain 
community support and bear the cost of the name change; four, the local 
jurisdiction shall then bring the proposal and supporting data to the 
WMATA board for action; and, five, the WMATA board of directors must 
approve the proposal.
  None of this is being followed in the procedure directed in the 
appropriation bill. And the proposers themselves, if this Congress 
tried to do the same thing in their district, would scream to high 
heaven that we are invading local jurisdiction.
  Over the last several years, a number of communities have proposed 
name changes, including local funding for the cost, and have built the 
necessary community support and received WMATA's approval. However, an 
equal number of name-change proposals have been rejected by the WMATA 
board. To cite one example, in 1996 councilman for the District of 
Columbia Jack Evans proposed that the Foggy Bottom-GWU Station be 
changed to include the Kennedy Center. The board rejected the proposal, 
saying in part, quote, ``The board of directors considers name changes 
when they enhance our patrons' ability to orient themselves and 
circulate through the system. To rename stations affording special 
recognition to a specific institution in neighborhoods with many other 
establishments may challenge our ability to provide clear and concise 
public information.''
  Now, this is a proper exercise of local prerogative. No one has ever 
suggested that this decision is disrespectful to the memory of 
President Kennedy. Not at all. But to name a Metro stop for President 
Ronald Reagan meets none of the five tests outlined in the WMATA 
policy. The local community, Arlington, has not proposed it. In fact, 
they do not even support it. And they surely do not want to pay for it.
  To continue the quote of commentator George Will, one of President 
Reagan's strongest supporters, about this Metro stop: ``There is 
something very un-Reaganesque about trying to plaster his name all over 
the country the way Lenin was plastered over Eastern Europe, Mao over 
China and Saddam Hussein all over Iraq.''
  We ought not to sully the legacy of President Reagan by going against 
one of his fundamental principles. Leave local control to the States, 
to the cities. Give them due respect.
  Mr. REYNOLDS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kansas (Mr. Tiahrt).
  Mr. TIAHRT. Mr. Speaker, I think it is very interesting that we hear 
this cry that this is an unfunded mandate. I would like to make a 
couple of points about that.
  First of all, these same local jurisdictions that Mr. Moran mentions 
are required to abide by OSHA regulations. Would the gentleman from 
Virginia want to oppose OSHA regulations, which are unfunded mandates? 
The answer is no, of course. The same is true of EPA regulations, 
considered an unfunded mandate. And the Americans with Disabilities 
Act, again complied with by the Metro authorities. Instead, we have the 
gentleman rising in opposition to putting a proper name of the location 
and a destination point on the Ronald Reagan Washington National 
Airport Station. It should not have to be this way. We should not be 
required to have a piece of legislation merely to do something 
correctly, such as putting the proper name on the Metro maps, on Metro 
designations and on the signs.
  Another point I want to make is that no cost was provided here. I 
would like to offer a little bit of history about the Metro: the 
Washington Metropolitan Area Transit Authority was conceived by 
Congress. It has been largely funded by Congress. This year in the 
Transportation Appropriations bill alone, over $100 million are from 
U.S. taxpayers to fund the Metro. There is plenty of money to handle 
the cost of signs.
  Let us talk more about the cost of signs. Recently there have been 
seven changes to the Metro in signs. These changes have occurred since 
President Clinton signed the law naming National Airport the Ronald 
Reagan Washington National Airport. That's seven changes at a cost of 
$713,000. I do not know where this half a million dollar figure is 
coming from, but Metro has made seven system-wide changes at a total 
cost of $713,000. So whether it is 100, $125,000, or whatever the cost, 
I am sure there is the necessary amount of money in the over-$100 
million being provided by United States taxpayers all across this 
Nation.
  People from the great State of Kansas who ride this Metro system when 
visiting or working in D.C., are helping subsidize this. I do not think 
it is too much to ask for Metro to list the entire name of a stop, so 
that when people come in from out of town they know that they are going 
to the Ronald Reagan Washington National Airport Station, a location, a 
destination on the Metro. We are not asking for a great deal.
  This is a request that has been repeated many times since February 6, 
1998. And in this time, there have been these seven changes. There was 
a letter sent in April by 22 Members of Congress asking the Metro 
authorities to change this. It has been completely ignored. This has 
been transformed into a political issue. It should not be. It should 
just be a simple matter of having accurate maps reflecting destination 
points within the Washington area Metro system.
  Mr. Speaker, I think it is important that we carry forward with this. 
It is not an unfunded mandate. There is money there. It does not fit 
the definition of an unfunded mandate according to the Congressional 
Budget Office, as the gentleman from New York (Mr. Reynolds) points 
out.
  I request that the Chair rule against this.

                              {time}  1245

  Mr. MORAN of Virginia. Mr. Speaker, I yield myself 15 seconds to 
share with the gentleman the fact that OSHA is exempt from the unfunded 
mandates law because it is a civil rights provision, and the Federal 
Government only contributes 6 percent of operating costs to the Metro 
system.
  Mr. Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Georgia (Mr. Barr), the original sponsor of this legislation.
  Mr. BARR of Georgia. Mr. Speaker, I thank the distinguished gentleman 
from New York (Mr. Reynolds) for yielding me this time.
  Mr. Speaker, let us put all of our cards on the table. The other side 
has been irritated no end that they are in the minority, and it 
irritated the heck out of them 3 years ago when the name

[[Page 11909]]

of National Airport, over which this Congress has jurisdiction, was 
changed by majority vote of the people of the United States of America 
through their representatives, was changed to reflect Ronald Reagan's 
name. They lost that vote. Get over it, guys. You lost it.
  Not satisfied with that, not satisfied with simply playing by the 
rules and recognizing that the name change went through the Congress, 
was signed by none other than President Bill Clinton, what they are 
doing now is they keep trying to come in the back door. They go to 
their friends on the Metro board, which has never before had a problem 
with any name change. They have operated like any other metropolitan 
transit board. When there is an official name change by law, the 
signage and the literature is changed to reflect that official name. 
Yet this time it is different. The two sides over there have gotten 
together and they have decided, well, what we could not do fairly, let 
us come in through the back door.
  It is time for this Congress to tell these guys to grow up, recognize 
reality, handle this matter the way it has always been handled in the 
past, when there is a name change by law, signed by the President at a 
Federal facility, and it relates thereafter to a Federal transit board 
that receives hundreds of millions of U.S. taxpayer dollars. It is time 
to just simply let them move on, make the name changes that are always 
made.
  In this case there have been not one, not two, but, count them, I 
would say to the gentleman from Virginia (Mr. Moran), seven name 
changes, comprehensive name changes of stations within the Metro 
system, some considerably longer than the now official name of Ronald 
Reagan Washington National Airport. Metro has never had a problem with 
any of those.
  There is nothing defective in this rule. The gentleman on the other 
side knows that, but he is wasting the time of this Congress raising a 
specious unfunded mandate objection. This clearly, Mr. Speaker, is not 
an unfunded mandate. The Metro board receives far more, in excess of 
$100 million, in this upcoming fiscal year for the running of this 
system. This change would cost, at most, several thousand dollars. The 
inflated estimates that we hear from the other side are just inflated 
propaganda estimates. They do not reflect reality. They do not reflect 
the reality of any of the other name changes.
  This is not an unfunded mandate. This is a proper rule, and, as I say 
to the distinguished gentleman on the other side, let this issue die. 
This has never been a problem with this or any other Metro board, I 
would say to the gentleman from Virginia (Mr. Moran).
  Let us move forward. There are other pressing matters that relate to 
the Metro board. I think the gentleman would agree with that. Yet they 
are stubbornly, and with the support of the gentleman, refusing to 
simply do what the board has done in every other instance, and every 
other transit board has always done, whether it is reflecting the name 
of John F. Kennedy or former President Eisenhower or anybody else, and 
simply make the changes and let us move on.
  Would the gentleman agree that that makes sense, let us just move on?
  Mr. MORAN of Virginia. Mr. Speaker, will the gentleman yield?
  Mr. BARR of Georgia. I yield to the gentleman from Virginia.
  Mr. MORAN of Virginia. No, I do not agree. The gentleman's 
recollection of the facts is not accurate.
  Mr. BARR of Georgia. Mr. Speaker, I take back my time. That is what I 
suspected, and I wanted to give the gentleman the benefit of the doubt 
and get him on record.
  The other side is not interested in just moving on. We are, Mr. 
Speaker. We are not asking for anything out of the ordinary, out of 
standard operating procedure, but to simply say the name of the airport 
has been lawfully changed. It was signed by a Democrat President into 
law over 3 years ago. It is high time that the Metro board did what 
they have done in every other situation. Change the name. Let us move 
on with this rule and move on with the adoption of the appropriations 
bill for the American people.
  Mr. MORAN of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, it is certainly not in order to force name changes upon 
local governments when they are opposed to it.
  Mr. Speaker, I yield 30 seconds to the gentleman from Minnesota (Mr. 
Oberstar).
  Mr. OBERSTAR. Mr. Speaker, just to correct the record, there have 
been eight proposals, as I cited in my opening remarks, in which WMATA 
rejected renaming proposals, some of them equally as long as this one.
  Secondly, the naming of National Airport was flawed in its inception. 
Some years ago when Senator Dole proposed changing the name of Dulles 
Airport, his legislation left it up to the airport authority to make 
the decision; did not shove it down their throats.
  As for the gentleman's comment about get over it, we are not the ones 
proposing name changes. It is the other side. I say to the gentleman, 
get over it. Stop acting like a playground bully trying to shove 
Reagan's name down the throats of every place in this country.
  Mr. MORAN of Virginia. Mr. Speaker, I yield myself the remainder of 
my time.
  Mr. Speaker, I would urge this body not to force Washington's local 
governments to pay $400,000 with local funds to make a name change to a 
transit station. It does not fit in length. It does not fit with the 
policy of naming stations after places rather than people. In 
attempting to honor Reagan, we are contradicting everything he stood 
for. I have several quotes that I ought not to have to share with the 
body where President Reagan urged us to respect local government. This 
is not respecting local government. What is being said is, we stand by 
Reagan's principles as long as it suits our politics. That is not 
right. The principle of deference to local government is correct, and 
in this case it is being violated not only with the naming of the 
airport, but certainly with the naming of the transit station.
  I would urge my colleagues to read George Will. I would urge them to 
read President Reagan's statements, and I would particularly urge them 
to abide by President Reagan's principles of recognition and respect 
for local government.
  Mr. REYNOLDS. Mr. Speaker, I yield myself the remainder of my time.
  Mr. Speaker, to close, we have a rule before us. The gentleman has 
brought a point of order. I disagree with the point of order. While 
very, very sensitive to local government unfunded mandates, we have a 
threshold. It is $56 million. This is a normal course of business, as 
both my colleagues, the gentleman from Georgia (Mr. Barr) and the 
gentleman from Kansas (Mr. Tiahrt), have pointed out in their 
opposition to this point of order.
  Most important, I have also cited in my opening that on page 111 of 
the report, which we are going to consider as the rule is hopefully 
passed and the legislation is before the House, where $30 million under 
section 9 in the formula for funding will go to the District of 
Columbia's Metro system. That money is eligible for signs and other 
important aspects of how this legislation has been created within the 
appropriations bill.
  The gentleman from Virginia (Mr. Moran) has raised the possibility 
that H.R. 2299 may contain an unfunded mandate. I urge that we proceed 
forward so that we may continue consideration of this important 
legislation.
  Mr. Speaker, an aye vote is a vote for continuation of the 
consideration of the resolution. I urge an aye vote as we move forward 
from the point of order on to the rule and then to the legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). All time for debate has 
expired. The question is, Will the House now consider the resolution?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. MORAN of Virginia. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make

[[Page 11910]]

the point of order that a quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 219, 
nays 202, not voting 12, as follows:

                             [Roll No. 190]

                               YEAS--219

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hooley
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scarborough
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--202

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--12

     Burton
     Clement
     Doolittle
     Kaptur
     LaTourette
     Maloney (CT)
     Payne
     Platts
     Putnam
     Smith (WA)
     Tauscher
     Watson (CA)

                              {time}  1317

  Messrs. BERRY, STARK, TAYLOR of Mississippi and Ms. KILPATRICK 
changed their vote from ``yea'' to ``nay.''
  Mr. LINDER changed his vote from ``nay'' to ``yea.''
  So the question of consideration was decided in the affirmative.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Ms. WATSON of California. Mr. Speaker, on rollcall No. 190, I was 
delayed because of constituents in my office, however, I would have 
voted ``no'' on the question of consideration.
  The SPEAKER pro tempore (Mrs. Wilson). The gentleman from New York 
(Mr. Reynolds) is recognized for 1 hour.
  Mr. REYNOLDS. Madam Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentleman from Texas (Mr. Frost), 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time is yielded for the purpose 
of debate only.
  Madam Speaker, House Resolution 178 is an open rule that provides for 
consideration of H.R. 2299, the Department of Transportation and 
Related Agencies Appropriations for the Fiscal Year ending September 
30, 2002. The rule waives all points of order against consideration of 
the bill.
  The rule also provides for 1 hour of general debate to be equally 
divided between the chairman and ranking minority member of the 
Committee on Appropriations.
  The rule provides that the bill shall be considered for amendment by 
paragraph.
  In addition, the rule waives clause 2 of rule XXI (prohibiting 
unauthorized or legislative provisions in an appropriations bill) 
against provisions in the bill, except as otherwise specified in the 
rule.
  Further, the rule authorizes the Chair to accord priority in 
recognition to Members who have preprinted their amendments in the 
Congressional Record.
  Finally, the rule provides one motion to recommit, with or without 
instructions.
  Madam Speaker, the Committee on Appropriations has worked diligently 
to produce legislation that meets the Nation's transportation 
priorities. As more and more Americans hit the airways and the highways 
each year, this Congress can take pride in the fact that the underlying 
legislation represents an increase in safety measures and resources in 
every area of our transportation system.
  With all of the travel we do back and forth to our home districts, I 
am sure my colleagues can relate to the frustration of airline delays. 
That frustration is tenfold for countless Americans who rely on air 
travel for work and for pleasure each and every day.
  This bill includes several provisions to address the problem of 
airline delays such as fully funding the ``Free Flight'' program and 
raising funding for the ``Safe Flight 21'' programs. These programs 
develop technologies to aid in the improvement of airway capacity both 
responsibly and prudently.
  Moreover, the bill meets the funding obligation limitation in the 
transportation legislation known as TEA 21, the Transportation Equity 
Act for the 21st Century, by providing $31.7 billion in highway program 
obligation limitations, a 4 percent increase over the current fiscal 
year's level. Continuing our commitment toward investments in

[[Page 11911]]

the Nation's infrastructure, this bill provides nearly $59.1 billion in 
total budgetary resources, a responsible 2 percent increase over the 
current fiscal year.
  This bill, much like last year's, continues to improve and enhance 
motor carrier safety by providing $206 million for motor carrier safety 
grants, an increase of $29 million that is consistent with truck safety 
reforms enacted as part of the Motor Carrier Safety Improvement Act of 
1999.
  This body recently passed the Coast Guard authorization for fiscal 
year 2002. The Coast Guard's duties include promoting the safety of 
life and property at sea, enforcing all applicable Federal laws on the 
high seas, maintaining navigation aids, protecting the marine 
environment, and securing the safety and security of vessels, ports, 
and waterways.
  The legislation before us today appropriates in the amount of $5 
billion, including $600 million for the Coast Guard's capital needs and 
$300 million available to initiate the ``Deepwater'' program, which 
will fight the scourge of illicit drugs, provide support for offshore 
search and rescue, and work to protect Americans and American shores.
  In addition, the bill provides $521 million for Amtrak's capital 
needs. This funding will cover capital expenses and preventive 
maintenance. This bill sustains the Federal commitment to continue in 
partnership with Amtrak and to help it reach its goal of self-
sufficiency.
  These, along with other modest increases within the bill, will allow 
the Department of Transportation to have greater flexibility and 
oversight control for both large and small projects alike. Ensuring 
proper funding levels ensures the ability of the Department of 
Transportation to do its job, making travel safer and easier for us 
all.
  Safety should remain the Federal Government's highest responsibility 
in the transportation area. Clearly, whether by land, by sea, or by 
air, this bill addresses those needs and concerns, while maintaining 
the fiscal discipline that has been the hallmark of this Congress.
  Madam Speaker, I would like to commend the gentleman from Florida 
(Mr. Young), the chairman of the Committee on Appropriations, and the 
gentleman from Wisconsin (Mr. Obey), the ranking member, for their hard 
work on this measure. I would also like to commend the Chair of the 
Subcommittee on Transportation and its ranking member. I urge my 
colleagues to support this rule and the underlying legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would first like to commend the gentleman from 
Kentucky (Mr. Rogers) and the gentleman from Minnesota (Mr. Sabo) for 
all of their hard work in bringing this bill to the floor. The members 
of the Committee on Appropriations Subcommittee on Transportation have 
brought us a good bill that funds a number of vital transportation 
projects, including one important to my congressional district in the 
Dallas-Fort Worth area.
  I am pleased that the bill will provide $70 million to the North 
Central Light Rail Transit Extension. A bipartisan group of North Texas 
members worked very hard to get this funding that will more than double 
DART's light rail coverage and help stimulate development in the 
Dallas-Fort Worth Metroplex.
  However, Madam Speaker, while this is a good bill overall, I cannot 
support the rule supported by the Republican majority because they have 
denied a request made by the Democratic ranking member of the 
Subcommittee on Transportation, who sought to offer an important 
amendment relating to the safety issues raised by allowing Mexican 
trucks to enter the United States.
  I must also oppose this rule because of the issue of the Washington 
Metropolitan Transit Authority and the renaming of the National Airport 
Metro stop. Time and again over the last 6\1/2\ years, the Republican 
majority has selectively ignored their own mantra of local control when 
it suits an idealogical purpose. The renaming of this Metro stop 
ignores the wishes of the local authorities, as well as the Member 
representing this area. And for that reason, as well as the fact that 
the Sabo amendment was shut out by the Committee on Rules, I oppose the 
rule.
  One of the greatest defects of this rule is the fact that the 
Republican leadership, working in concert with the President, has 
prevented the House from addressing a serious highway safety issue: the 
safety standards of Mexican trucks entering this country under NAFTA.
  The Bush administration has lifted all restrictions on the movement 
of Mexican trucks on our highways effective January 1, 2002. Next year, 
Mexican trucks will be free to drive across the country, despite clear 
evidence that many are unsafe for our highways.
  In May, the Department of Transportation's Inspector General found 
that the Federal Government needs to add dozens of additional border 
inspectors before lifting restrictions on Mexican trucks. The few 
inspectors now policing the borders found that 40 percent of Mexican 
trucks that are currently allowed into the U.S. were pulled out of 
service for significant violations of our safety standards, much higher 
than the percentage of violations among U.S. trucks.
  So many of these trucks are deemed unsafe for our roads because they 
are allowed to operate in Mexico with virtually no oversight. The 
Committee on Transportation and Infrastructure Democrats, who address 
these issues on a routine basis, also expressed their deep concerns to 
the Committee on Rules about these trucks coming into the United 
States; yet their concerns were also ignored by the Republican 
leadership.
  For example, Mexican trucks are 10 years older than U.S. trucks, on 
average, and do not comply with weight standards. Mexico has no hours-
of-service regulations, while U.S. drivers can only drive 10 hours per 
shift. The gentleman from Minnesota (Mr. Sabo) offered a sensible 
amendment that would require the Federal Motor Carrier Safety 
Administration to conduct a safety compliance review of each Mexican 
motor carrier that seeks to operate throughout the United States and to 
require that they be found to be satisfactory under the same standards 
applicable to U.S. carriers before being granted conditional or 
permanent operating authority.
  However, the Republican leadership has refused to allow the House to 
vote on the Sabo amendment. I simply cannot understand why the 
administration and the House leadership oppose what the gentleman has 
proposed. The Republican leadership's refusal to recognize safety 
concerns related to the use of these trucks throughout the United 
States is nothing short of negligent, Madam Speaker.
  This highway safety issue is particularly critical in Texas, as well 
as in my own congressional district where I35 runs through the middle 
of the district, since two-thirds of Mexican trucks enter the U.S. 
through Texas; and many of those trucks will travel on I35 to reach 
interior destinations. But make no mistake: this is a serious safety 
issue coming to highways all across America, now that the President has 
lifted any and all restrictions on Mexican trucks operating on American 
roads and highways.
  This rule also prevents discussion of how to pay for relabeling Metro 
signs for National Airport. In 1998, over strong local opposition, the 
Republican leadership decided to rename Washington's National Airport 
in honor of President Ronald Reagan. Now, in this bill, they are 
requiring the already-strapped Washington Metro Authority to change all 
of their station signs, maps, directories, and documents to reflect the 
new name, but Republican leaders are not providing one single penny of 
the $400,000 it will cost to do this.
  Madam Speaker, I served in the Congress when Ronald Reagan was 
President. I understand that many Republicans and Democrats want to 
honor him. Indeed, this Congress and this Nation have already done much 
to ensure President Reagan's accomplishments

[[Page 11912]]

get the respect they deserve. But a $400,000 unfunded mandate hardly 
seems like a fitting tribute to President Reagan. After all, he made a 
career of campaigning on behalf of local control.
  In my own district, we would not take kindly to the Federal 
Government forcing us to spend $400,000 in local funds that might 
otherwise have been already budgeted for health care or schools or 
other local priorities. I understand why this local community would 
resist spending $400,000 on a symbolic name change while far too many 
children in the District of Columbia go without food at the end of the 
month.
  Madam Speaker, if the Republican leadership and Grover Norquist 
believe new Metro signs and maps are such an important priority, then 
they should provide the money to pay for them. It is just plain wrong 
to force local governments to spend this money on maps for tourists 
instead of meals for children. Mr. Norquist and other Republican 
leaders do President Reagan no favor by imposing this unfunded mandate 
in his name.
  Madam Speaker, I believe the House should be allowed to consider and 
vote on the issue of the safety of our Nation's highways. These are the 
same roads school buses travel and people use to get to and from work.

                              {time}  1330

  Their safety should be paramount.
  Madam Speaker, I urge my colleagues to reject this rule so we may go 
back to the Committee on Rules and find a better way to address this 
important issue.
  Madam Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Madam Speaker, I yield 5 minutes to the gentleman from 
Kentucky (Mr. Rogers), the Chair of the Subcommittee on Transportation.
  Mr. ROGERS of Kentucky. Madam Speaker, I thank the gentleman from New 
York (Mr. Reynolds) for yielding me the time.
  Madam Speaker, I rise in support of this rule. It is a good rule, it 
is a fair rule, and it needs to be adopted. At the outset, I want to 
advise the Members that we have worked closely and cooperatively with 
the Committee on Transportation and Infrastructure to resolve areas of 
disagreement on the bill.
  The gentleman from Alaska (Mr. Young) and this gentleman have been 
able to work out almost everything to our mutual satisfaction. We do 
not agree with their position on every matter, but we do not begrudge 
their right to assert their concerns and jurisdiction.
  Under this rule, the authorizing committee will in a number of 
instances exercise its prerogatives under the rules of the House to 
remove provisions that our committee believes are important and 
necessary, but which fall within their jurisdiction. The rule preserves 
their right to do that. In a number of other cases, the authorizing 
committee has agreed not to object to provisions included by our 
committee, which, again, we believe are necessary to carry out the 
programs in the bill.
  It is vitally important, Madam Speaker, that we adopt the rule and 
proceed to consider the Transportation appropriations bill. The bill 
contains $59 billion for highways, airport grants and other aviation 
programs, highway safety activities, pipeline safety programs, many 
other items that are critical to every State and to individual Members 
of the House and, of course, our people.
  We are within our funding allocation and the budget resolution. The 
bill is balanced. It is bipartisan and deserves the support of every 
Member of this body.
  Let me briefly discuss the issue of Mexican trucks and NAFTA. As my 
colleagues know, the President says that we will be opening our border 
pursuant to NAFTA in January of next year.
  This administration has a plan to ensure the safety of Mexican 
carriers that transport goods beyond the commercial zones and into the 
interior of the United States. The administration has put money behind 
that plan in its budget request. We fund that plan to the penny and 
then some. In fact, we provide increases above the President's request 
for the inspection of Mexican carriers at the border. The 
administration requested $88.2 million above current-year spending. We 
include $100.2 above the current year, an 800 percent increase.
  This money will pay for border inspection facilities and more 
inspectors. It pays for a common-sense plan that the House needs to 
support. In addition, our committee has included language in the 
committee report directing the Department of Transportation to 
implement a strong safety oversight program that ensures the 
operational safety of Mexican motor carriers who seek permission to 
operate in the U.S.
  Madam Speaker, together these provisions ensure compliance with U.S. 
safety laws and regulations, while it allows free trade to go forward. 
It is the responsible approach, and it complies with NAFTA.
  Madam Speaker, I have some serious reservations that the proposal 
from the other side would, in fact, violate NAFTA, subjecting the 
United States to severe fines.
  Madam Speaker, this is a good rule. It is a good bill, and I would 
hope that Members would support both today.
  Mr. FROST. Madam Speaker, I yield 4 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Madam Speaker, I simply want to rise to express my 
opposition to this rule because of its failure to include the right of 
the gentleman from Minnesota (Mr. Sabo) to offer his amendment on truck 
safety.
  Very simply, what his amendment seeks to do is to require the 
establishment of procedures to guarantee that Mexican trucks will be 
safe before they are allowed to travel all over the United States. It 
just seems to me that we ought to understand that right now Mexican 
motor carriers operate with virtually no safety oversight to date.
  There are no motor carrier hours of service regulations in Mexico. 
There is no way at this point to check the driving records, the driving 
history of Mexican motor carrier drivers. The out-of-service record for 
those trucks in the areas where they have been checked near the border 
is astronomical. Those trucks should not be on the road without severe 
safety precautions.
  It is asserted that somehow the Sabo amendment would be a violation 
of NAFTA. That is nonsense. NAFTA is a trade pact. It is not a suicide 
pact.
  We are not required to put the safety of our motorists at risk in 
order to satisfy some international bureaucracy. We have already had a 
ruling that makes quite clear that the United States has the authority, 
whatever authority we need to exercise, in order to protect the safety 
of American travelers.
  I find it ironic that this House will spend a lot of time on this 
Mickey Mouse amendment to require the renaming of a train station in 
the District of Columbia area and yet will not take the time to fully 
the debate the issue raised by the gentleman from Minnesota. I think 
that represents a warped set of priorities.
  I also find it ironic that the Republican majority has said through 
legislation that when the question of worker safety is at stake, as was 
the case with the ergonomics regulations that the Labor Department 
wanted to put into effect some time ago, I find it ironic that at this 
point the Republican majority of this House said, ``Oh, no, the 
regulations must wait. We are not going to worry about safety.''
  Yet at this point, when we are asking them again to take into account 
the safety considerations for American drivers, they are saying, ``Damn 
the truck safety consequences, full speed ahead!'' if I can plagiarize 
from Admiral Farragut.
  It just seems to me that this House ought to come back to a rule of 
common sense. Just because the committee did not adopt the amendment in 
full committee is no reason this House should not have the opportunity 
to take whatever action is within our reach to assure the safety of 
American drivers on our highways.
  Madam Speaker, I think the bill itself is basically a good bill, and 
I intend to support it, but I think it is

[[Page 11913]]

egregiously erroneous for the House not to allow a debate on the Sabo 
amendment, and that is why I would vote against the rule and urge that 
other Members do likewise.
  Mr. REYNOLDS. Madam Speaker, I yield 3 minutes to the gentleman from 
Iowa (Mr. Nussle), the Chairman of the Committee on the Budget.
  Mr. NUSSLE. Madam Speaker, first, I rise in support of the rule. I 
share the concern that the gentleman from Wisconsin (Mr. Obey) is 
raising about Mexican trucks. This is the wrong place and the wrong way 
to address it, in an appropriations bill. I think there is a lot of 
concern over the Mexican truck issue, and we need to find a way to 
resolve that. This is not the place.
  I rise in support of the underlying bill, H.R. 2299, making 
transportation appropriations for fiscal year 2002. As the chairman of 
the Committee on the Budget, I want to report to my colleagues that 
this bill is consistent with the budget resolution, and it complies 
with the applicable sections under the Congressional Budget Act.
  H.R. 2299 provides $14.9 billion for the Department of Transportation 
and several transportation-related agencies. The bill includes $307 
billion in rescission of previously enacted budget authority.
  The bill is within the 302(a) allocations of the Committee on 
Appropriations, Subcommittee on Transportation and, therefore, complies 
with section 302(f) of the Budget Act, which prohibits the 
consideration of appropriation measures that exceed the appropriate 
subcommittee's 302(b) allocation.
  Madam Speaker, I would observe that, based on the congressional 
scoring that we have before us, the bill would exceed the statutory 
caps on highways and mass transit. Under the Budget Enforcement Act, 
any bill that breaches its caps triggers an across-the-board sequester 
in programs under that cap, but I further understand that the Committee 
on Appropriations believes and will work to ensure that this bill will 
come in under the caps when it is scored by OMB. It is OMB scoring that 
is used to enforce the caps and trigger any sequester.
  Madam Speaker, I urge that the conference committee and the chairman 
consider this concern and ensure that the final bill is consistent with 
both the budget resolution and the highway and mass transit caps.
  Madam Speaker, I commend the gentleman from Kentucky (Mr. Rogers) and 
support not only the rule, but the underlying bill of H.R. 2299
  Mr. FROST. Madam Speaker, I yield 3 minutes to the gentleman from 
Minnesota (Mr. Sabo).
  Mr. SABO. Madam Speaker, I thank the gentleman from Texas (Mr. Frost) 
for yielding me the time.
  Madam Speaker, first, let me say that this is a good bill, and I will 
have more to say about that later. I commend the gentleman from 
Kentucky (Mr. Rogers) for producing a good bill. At the end of the day, 
it is a bill that deserves broad bipartisan support and should be 
passed by an overwhelming margin.
  Madam Speaker, however, I cannot support this rule. The reason is 
that we have a problem, in my judgment, a serious problem, with the 
advent of Mexican trucks having access to the United States outside of 
the 20-mile commercial zone starting January 1.
  This bill did not create the problem, it has been created for us, and 
if there is one place we can begin to deal with the remedy, that place 
is in this bill.
  The amendment that I had offered, which would require preinspection 
of carrier applicants in Mexico before they receive conditional 
certification, would add to the safety potential that we have in this 
country, to go along with the additional inspectors. None of us can 
guarantee perfect safety, but those working together would give us some 
greater hope that we will have safe trucks operating in this country.
  Madam Speaker, no one disputes the fact that Mexico-domiciled motor 
carriers operate with virtually no safety oversight today. There are no 
motor carrier hours of service regulations in Mexico. Even though the 
Mexican Government is now implementing a driver record database, there 
is currently no way to check the driving history of Mexico motor 
carrier drivers. In addition, Mexico will not finalize its roadside 
inspection program until October 2001.
  Let me add that while we are focusing on inspection and out-of-
service rates for trucks, equipment is important, but the driving 
capability of the driver is the most important. A greater proportion of 
accidents involving big trucks are driver-related rather than 
equipment-related.
  I might add that this committee and this Congress has been seriously 
involved in the last several years of trying to improve the truck 
safety of American trucks, and then we look at what the history is of 
Mexican trucks coming into the commercial zones today. Let me simply 
say that for trucks coming into Mexico and Arizona, we find that 40 
percent of the Mexican-domiciled trucks today are put out of service.
  I urge a no vote on this rule so we can quickly get a new rule which 
makes my amendment in order.

                              {time}  1345

  Mr. REYNOLDS. Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Madam Speaker, I thank the gentleman from Texas for 
yielding me this time, and I thank my colleague from Minnesota for 
raising this issue.
  The Sabo-Ney amendment, bipartisan amendment, is in conformity with 
the February 6 ruling of the NAFTA arbitration panel on cross-border 
trucking services. The panel found that ``inadequacies of the Mexican 
regulatory system provide an insufficient legal basis'' to maintain a 
blanket moratorium on cross-border trucking. But it made it very clear 
that the United States could treat applications from Mexican trucking 
firms in a manner different from U.S. firms as long as they are 
reviewed on a case-by-case basis. That is what this issue is about.
  We do not inspect all these trucks coming in from Mexico. Less than 1 
percent of all northbound crossings at the Mexican border were subject 
to inspection last year. One-third of the Mexican-domiciled trucks were 
found unsafe, so unsafe inspectors removed the trucks or removed the 
drivers from service, a 50 percent higher out-of-service ratio than we 
have in the United States. Obvious reason, there are no permanent truck 
inspection facilities at 25 of 27 southern border crossings that 
account for 3\1/2\ million northbound trucks every year.
  There is no systematic method in place to verify registration on 
Mexican-domiciled trucks. The inspector general of our DOT found 254 
Mexican trucks operating illegally beyond the commercial zones in 24 
States. Those trucks are in a position to kill our constituents. Five 
thousand people a year die in truck-car accidents. There are going to 
be half as many more deaths if we allow these Mexican trucks to come 
unsafely into the United States.
  They have a woefully inadequate safety regime in Mexico, no systemic 
safety rating process, no truck weight enforcement process, no roadside 
domestic inspection program, no hours of service regulations in Mexico, 
no credible enforcement of drug and alcohol testing. We ought to defeat 
the rule, allow the Sabo amendment to be offered.
  Mr. REYNOLDS. Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Borski).
  Mr. BORSKI. Madam Speaker, I rise in opposition to the rule. I 
believe it is very, very important for this House to be able to vote on 
the Sabo amendment.
  Madam Speaker, just last month, along with the gentleman from 
Wisconsin (Chairman Petri) and the gentleman from California (Mr. 
Filner) and the gentleman from Pennsylvania (Mr. Holden), we paid a 
visit to some of the truck inspection facilities along the Mexican 
border.
  At Otay Mesa in California, we saw an inspection system that works 
and works pretty well and hopefully could

[[Page 11914]]

serve as a model for the rest of our country.
  In California, they perform a comprehensive level one inspection on 
all trucks crossing the border at least once every 90 days and issue a 
certificate. If a truck does not have a certificate, it is pulled over 
and inspected.
  The out-of-service rate in California is very similar to our 
experience in the rest of the United States. Around 24 percent of 
trucks are taken out of service, way too high in the United States, but 
something we can continue to work on.
  The situation in Texas was an absolute nightmare. There is no 
inspection in Texas. At Laredo, we visited it on a Sunday, a slow day. 
Major Clanton of the Texas Rangers or Texas Department of Public 
Service told us a truck that is not inspected will be neglected. On 
that day Major Clanton told us he pulled five or seven or eight trucks 
over to inspect, and five of them were taken out of service. We asked 
if there were serious concerns. The answer was, yes, extremely serious, 
things like brakes that are not working.
  Madam Speaker, the situation in Texas is very serious. We should not 
allow trucks to come into the United States unless they are safe, 
unless they are inspected.
  We asked the people in Texas how soon they could put inspection 
stations up at the border. They told us it would take at least 18 
months.
  So I would strongly urge that we defeat this rule, we allow the Sabo 
amendment to be in order so that we can protect the safety of the 
traveling public in the United States. Whether one is for NAFTA or 
against NAFTA, we can all be for public safety on the highways.
  Mr. REYNOLDS. Madam Speaker, I yield 5 minutes to the gentleman from 
Texas (Mr. Bonilla), a member of the Committee on Appropriations.
  Mr. BONILLA. Madam Speaker, I rise today to ask my colleagues to stop 
attacking Mexico. I cannot quite understand what the motivation is. If 
we look at the issue, we are talking about trucks coming into our 
Nation that would be held at the same standards that American trucks 
would be held by. There is absolutely no discussion here about trying 
to put the same restrictions on Canadian trucks, for example. This 
simply seems to be an effort to try to discriminate and target Mexican 
trucks.
  Again, let me emphasize that, in the State of Texas, like in my area 
that I represent spans 800 miles of the Texas-Mexico border. We want 
the trucks. We are prepared to have them come in and bring their cargo 
through in a safe manner, complying with American law.
  Let me also tell my colleagues what free trade has meant to some of 
these border communities that used to have unemployment rates at 40 to 
45 percent. Free trade has dropped the unemployment in border 
communities drastically. In some areas, like in Laredo, Texas, it has 
now caused it to be the second fastest growing community in America. It 
is a boom area, and we enjoy the fruits of free trade.
  Allowing these trucks to come in would help those folks as well. So 
to try to talk about offering an amendment to stop these trucks from 
coming in not only discriminates against Mexico, but it discriminates 
against a lot of minority communities along the border that want these 
trucks to come through because it has improved the quality of life. 
Trade has improved the quality of life. This is part of free trade that 
would improve it even more.
  So leave us alone. Let the border communities, the high Hispanic 
populations along the Texas-Mexico border, benefit from free trade. 
Stop discriminating against us and stop discriminating against Mexico.
  Mr. ROGERS. Madam Speaker, will the gentleman yield?
  Mr. BONILLA. I am happy to yield to the gentleman from Kentucky.
  Mr. ROGERS. Madam Speaker, the gentleman represents an area of Texas 
I think is the largest border area of any Member of Congress.
  Mr. BONILLA. The gentleman is correct, Madam Speaker.
  Mr. ROGERS. So all of the gentleman's constituents live on the 
border; is that correct, Madam Speaker?
  Mr. BONILLA. Madam Speaker, the vast majority of my constituents, 
although I have areas that are also several hundred miles from the 
border.
  Mr. ROGERS. Madam Speaker, if the gentleman will continue to yield, 
knowing what the administration, the Department of Transportation is 
doing even as we speak. That is, DOT is designing a plan for the safety 
of the trucks coming up from Mexico, and knowing generally what the 
plan is, does the gentleman from Texas (Mr. Bonilla) have concerns for 
the safety of his constituents through which these trucks would pass to 
the rest of the U.S.?
  Mr. BONILLA. Madam Speaker, reclaiming my time, not any more than I 
would have a concern about an American truck coming through.
  Let me also just add, if I could, to the gentleman from Kentucky, I 
would challenge any Member here who continues to pursue this action 
against Mexico, next time they speak about this issue, and the 
television camera is on them, I challenge them to look that camera in 
the eye and tell us that they are not discriminating against Mexico and 
border area residents.
  Mr. ROGERS. Madam Speaker, will the gentleman further yield?
  Mr. BONILLA. I am happy to yield to the gentleman from Kentucky.
  Mr. ROGERS. Madam Speaker, is the gentleman aware that the Department 
of Transportation, in fact the Motor Carrier Safety Administration, 
currently is conducting a rulemaking to lay out the specific rules 
about the topic of which we are talking about today--the safety of 
Mexican carriers coming into the U.S.? They are conducting a rulemaking 
procedure. Even as we speak, members of the public can register their 
fears, their complaints, their ideas, whatever they want to say to the 
Motor Carrier Safety Administration, and the comments are published in 
the record. If that record reveals that many, many, many people are 
concerned about safety, the government is required to change the rule 
that they adopting. Is the gentleman aware of that rulemaking?
  Mr. BONILLA. Madam Speaker, reclaiming my time, I am aware of that. I 
am aware of that, because I know all of us are concerned about having 
the highest standards complied with by anyone who drives trucks in our 
country.
  Mr. ROGERS. Madam Speaker, if the gentleman will yield, is the 
gentleman aware of any Members who have spoken here today that have 
registered a complaint with the Motor Carrier Safety Administration?
  Mr. BONILLA. Madam Speaker, I am not aware of any such problems that 
have existed, not to create a premise on which to file any complaints. 
These are simply scare tactics and, as I have pointed out, targeted 
just against Mexico, nothing mentioned about Canada.
  Mr. ROGERS. Madam Speaker, will the gentleman further yield?
  Mr. BONILLA. Yes, I yield to the gentleman from Kentucky.
  Mr. ROGERS. Madam Speaker, does the gentleman also realize that, if 
the rulemaking that will be adopted sometime this early fall is not 
severe enough to ensure the safety of American citizens from Mexican 
trucks, that Congress can always address the question at that time?
  Mr. BONILLA. Madam Speaker, I am aware of that, and I am sure that 
that is something we would want to do in a bipartisan way.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Madam Speaker, I rise in opposition to the rule and 
because of its refusal to allow the common-sense Sabo amendment on 
truck safety.
  This gentleman represents a border community. This gentleman 
represents an area where 30 percent of the trucks cross the border.
  The gentleman from Kentucky (Mr. Rogers) has filed a complaint on the 
rulemaking. I will tell my colleagues that I know of the dangers of the 
trucks to our citizens and to our driving public. I know what happens 
when uninsured drivers have accidents. I know what happens when trucks 
do not have brakes. I know what happens

[[Page 11915]]

when tired drivers are on the roads in San Diego and the rest of this 
Nation.
  I will tell the gentleman from Texas (Mr. Bonilla) who just spoke and 
the gentleman from Kentucky (Mr. Rogers) who talks about an 
administration plan, I live on the border. There is no evidence of such 
a plan. There is no national standard. I have traveled to Texas. I have 
looked at our border inspections in California. This is not 
discrimination against Mexico, Madam Speaker. This is a plea on behalf 
of the safety of our constituents who would be in danger.
  I will tell my colleagues every State is left to itself to determine 
standards of inspection. We heard that the California inspection 
station in my district at Otay Mesa has a state-of-the-art inspection 
station, and they do. But do my colleagues know how many trucks they 
inspect of the 3,000 or more that come across every day? Less than 1 
percent. They do not do anything about the insurance of the driver. 
They know nothing about the history of the driver or their safety or 
how long they have worked.


  If you go to Texas, and we were in the district of the gentleman from 
Texas (Mr. Bonilla), who just spoke, in Laredo, there is no inspection. 
In fact, the Department of Transportation of Texas and the local 
officials in Laredo have great controversy of what kind of inspection 
should go on. There will not be inspection stations in there under 
whatever plan, I assume a secret plan that the President has, to 
inspect in Texas, because they cannot come to any agreement on what 
could happen there.
  I tell my colleagues, if the gentleman from Texas (Mr. Bonilla) wants 
those problems in Laredo, that is fine. But let us leave them there and 
not go to the rest of the Nation where we have problems. I urge a no 
vote on this amendment. I urge we protect U.S. citizens and the driving 
public throughout America.
  Mr. REYNOLDS. Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Brown).
  Mr. BROWN of Ohio. Madam Speaker, I thank the gentleman from Texas 
for yielding me this time.
  President Bush's decision to open the border to Mexican trucks is 
wrong. A report released on May 8th from the Department of 
Transportation's inspector general showed the U.S. Border Patrol can 
only inspect 1 percent, 46,000 of the 4.5 million trucks that were 
crossing the border.
  Three years ago, at my expense, I went to Laredo, Nuevo Laredo. I 
went to the border and watched the truck inspections. One person was 
inspecting trucks that day. Two thousand five hundred trucks were going 
through the border at Laredo; one inspector working for Governor George 
W. Bush and the Department of Public Safety in Texas.
  I asked him how many trucks he inspected a day. He said 10 to 12. I 
said, how many trucks do you take out of service each day? He said, 
somewhere between about 9 to 11.
  He had told us, complained that the State of Texas had not fixed the 
scales which had been broken for 3 months, that the State of Texas and 
the Government of the United States simply were not very interested in 
truck safety.
  Whether these trucks, these 2,500 a day that were going from Nuevo 
Laredo to Laredo, Texas, the 4.5 million trucks a year, whether they 
have faulty brakes or tire failures or loads that exceed weight limits, 
Mexican trucks fail to meet American standards.
  Mexican trucks on average are 10 years older than U.S. trucks. A 
truck driver in the United States cannot get a license until 21. In 
Mexico, the age is 18. Mexico does not have a national commercial truck 
driver's license information system to detect driving violations. U.S. 
drivers can drive only 10 hours per shift, must keep a log of their 
hours worked, must pass a knowledge and skills test, and must have 
regular medical examinations.

                              {time}  1400

  In Mexico there are none of those requirements.
  Madam Speaker, President Bush is wrong on truck safety. He is wrong 
to open the border to unsafe trucks. The Republican leadership is wrong 
on this issue. Vote ``no'' on the rule.
  Mr. REYNOLDS. Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I reserve the balance of my time.
  Mr. REYNOLDS. Madam Speaker, if the gentleman wishes to yield back, 
we will close this and move to the vote.
  Mr. FROST. Madam Speaker, we had several other requests for time. The 
Members are not present on the floor. I would ask the gentleman whether 
he has any additional speakers.
  Mr. REYNOLDS. No, I do not. It is obvious I have been reserving the 
balance of my time to close the debate on our side when the gentleman 
is ready.
  Mr. FROST. Madam Speaker, I yield myself such time as I may consume 
to urge that the rule be defeated. The rule does not make in order the 
very important amendment offered by the gentleman from Minnesota (Mr. 
Sabo), and the rule also did not take into consideration the objections 
raised by the gentleman from Virginia (Mr. Moran).
  Madam Speaker, I yield back the balance of my time.
  Mr. REYNOLDS. Madam Speaker, I yield myself such time as I may 
consume to close.
  Madam Speaker, this is an open rule. It is a fair rule. It is a rule 
that allows the transportation legislation of the Committee on 
Appropriations to come before the House. There has been consideration, 
with the will of the Committee on Appropriations passing a second 
degree amendment to the Sabo amendment offered by the gentleman from 
Kentucky (Mr. Rogers). That amendment passed 37 to 27, reflecting the 
will of the Committee on Appropriations in the amendment.
  Madam Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore (Mrs. Wilson). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FROST. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The SPEAKER pro tempore. Pursuant to clause 8(c) of rule XX, this 15-
minute vote on the adoption of House Resolution 178 will be followed by 
a 5-minute vote on the motion to suspend the rules postponed earlier 
today.
  The vote was taken by electronic device, and there were--yeas 219, 
nays 205, not voting 9, as follows:

                             [Roll No. 191]

                               YEAS--219

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon

[[Page 11916]]


     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Scarborough
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--205

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--9

     Burton
     Clement
     Hilliard
     Hinojosa
     Kaptur
     LaTourette
     Payne
     Platts
     Putnam

                              {time}  1426

  Mrs. MEEK of Florida, Mrs. NAPOLITANO, Ms. VELAZQUEZ, Mrs. CAPPS, and 
Messrs. BECERRA, INSLEE and JONES of Ohio changed their vote from 
``yea'' to ``nay.''
  Mr. HOUGHTON changed his vote from ``nay'' to ``yea.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________



   RECOGNIZING OUTSTANDING AND INVALUABLE DISASTER RELIEF ASSISTANCE 
                 PROVIDED DURING TROPICAL STORM ALLISON

  The SPEAKER pro tempore (Mrs. Wilson). The pending business is the 
question of suspending the rules and agreeing to the resolution, H. 
Res. 166.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Cooksey) that the House suspend the rules 
and agree to the resolution, H. Res. 166, on which the yeas and nays 
are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 411, 
nays 0, not voting 22, as follows:

                             [Roll No. 192]

                               YEAS--411

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Burr
     Buyer
     Callahan
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Traficant
     Udall (CO)

[[Page 11917]]


     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Waters
     Watkins (OK)
     Watson (CA)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--22

     Bryant
     Burton
     Calvert
     Clement
     Cunningham
     Dooley
     Duncan
     Hilleary
     Hilliard
     Jenkins
     Kaptur
     LaTourette
     McKeon
     Miller, Gary
     Payne
     Platts
     Putnam
     Ramstad
     Rothman
     Turner
     Wamp
     Watt (NC)

                              {time}  1435

  So (two-thirds having voted in favor thereof) the rules were 
suspended and the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________



                             GENERAL LEAVE

  Mr. ROGERS of Kentucky. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks on H.R. 2299, and that I may include tabular and 
extraneous material.
  The SPEAKER pro tempore (Mrs. Wilson). Is there objection to the 
request of the gentleman from Kentucky?
  There was no objection.

                          ____________________



 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2002

  The SPEAKER pro tempore. Pursuant to House Resolution 178 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 2299.

                              {time}  1436


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2299) making appropriations for the Department of Transportation 
and related agencies for the fiscal year ending September 30, 2002, and 
for other purposes, with Mr. Camp in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Kentucky (Mr. Rogers) and the 
gentleman from Minnesota (Mr. Sabo) each will control 30 minutes.
  The Chair recognizes the gentleman from Kentucky (Mr. Rogers).
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I am very pleased to present to the House the 
Department of Transportation and related agencies appropriations bill 
for fiscal year 2002. This is an excellent bill that reflects not only 
the priorities of the budget submitted by the President earlier this 
year but also the important contributions of all the Members of our 
subcommittee and full committee and we hope now the full House.
  I want to especially thank the gentleman from Minnesota (Mr. Sabo) 
for his tireless and insightful support of transportation programs 
during the many hours of our hearings, deliberations, and the markup of 
this bill this year. I also want to thank both the gentleman from 
Florida (Mr. Young), the full committee chairman; and the gentleman 
from Wisconsin (Mr. Obey), the ranking member of the full committee, 
for their support of this subcommittee and the programs we oversee. I 
am also thankful to all the members of our subcommittee who had a part 
in the drafting of this bill and the full Committee on Appropriations, 
which had the chance to amend and correct as we went through that 
process. And, of course, we would not be here without our wonderful 
staff, both on the majority and the minority side upon whom we all so 
much depend.
  Mr. Chairman, the bill I present today provides an increase of 6 
percent in the programs and activities of the Department of 
Transportation. At first blush, this appears to be a healthy increase 
over current levels, but in fact it is barely enough to cover the 4.6 
percent pay raise that will go to all Federal employees next year as 
well as the general cost of inflation for programs in our jurisdiction. 
So this is a lean bill, especially when compared with the explosive 
growth in needs caused by highway and air travel in this country. We 
are doing a lot in this bill to respond to that demand but not nearly 
as much as we would like. The Department of Transportation will have to 
economize, it will have to be more efficient, and it will have to live 
within the constraints of the spending limits set by the budget just 
like every other agency.
  The bill is within our 302(b) allocation, in both budget authority 
and outlays. It fully funds the highway and aviation spending increases 
established by TEA-21 and AIR-21, and it will help relieve the 
congestion that is frustrating citizens on our interstates, in the 
skies, and in our bus and train terminals.
  Our bill fully funds the Coast Guard's operating budget and provides 
$600 million, which is a huge increase, in their capital account. 
Within the capital appropriation, we have provided $300 million to kick 
off the Deepwater program, which will provide a vitally needed upgrade 
and replacement of the Coast Guard's ships and aircraft. Members should 
know that this is the largest acquisition program, that is the 
Deepwater program in the Coast Guard, ever attempted by the Department 
of Transportation or the Coast Guard. The Coast Guard estimates that 
the acquisition costs alone for the Deepwater program will cost $18 
billion, and this bill allows the agency to award the first major 
contracts next year. This is a major step forward for the Deepwater 
program, and we are optimistic it will succeed. It will only succeed 
with careful oversight by the Coast Guard, the administration, and the 
Congress.
  The bill also includes, Mr. Chairman, funds to address serious 
staffing, training, and equipment problems at our small-boat stations 
of the Coast Guard which were highlighted in our hearings with the 
Inspector General and the Coast Guard this year. I am proud that we 
could find a small amount of money to raise the staffing levels and the 
training at these stations which provide the backbone of our Nation's 
search and rescue capability. With an average workweek, Mr. Chairman, 
of 80 hours-plus, Coast Guardsmen at these stations are in desperate 
need of some help. We provide it in this bill.
  Consistent with the provisions of AIR-21, this bill fully funds the 
airport grants program at $3.3 billion and fully funds FAA's capital 
appropriation at $2.9 billion. It also provides nearly 100 percent of 
the FAA's operating budget. In addition, this bill includes several 
initiatives that will hopefully lead to reductions in the number and 
severity of airline delays. Our gridlocked aviation system has been a 
major focus of this subcommittee, and it will continue to receive the 
scrutiny of our panel until we untangle it for the good of consumers 
and the economy. We will continue to press the aviation industry to 
cooperate, to come up with solutions, and to put those solutions to the 
test. In this bill we are doing everything possible to make sure the 
money is there for work and technologies that address the problem.
  If we find programs and initiatives that work, we will fund them. If 
we find programs that fail, we will cut them off. It is that simple. We 
are determined to make improvements. Things will change. This bill is a 
start. But we will keep pressing for real action and real results in an 
area critical to all of us.
  The bill restores proposed cuts to the essential air service program. 
Under the administration's proposal, 18 cities would have lost their 
air service next year. This bill maintains the eligibility of each of 
these cities in the program and provides the additional $13 million 
needed to maintain the program at current service levels. That will be 
good news to 18 cities across the country where EAS provides a 
necessary lifeline. In addition, the bill provides $10

[[Page 11918]]

million to kick off the new small community air service development 
pilot program authorized last year in AIR-21. This program will provide 
grants to small and rural communities around the country to foster air 
service where it does not exist and foster competition in those 
communities where there is monopoly service. I can personally attest to 
the declining air service in many smaller cities around the country. It 
is a tremendously needed program, and I am pleased the bill provides 
initial funding for it.

                              {time}  1445

  The bill includes $32.6 billion for our Nation's highways, an 
increase of $1.2 billion, 4 percent, consistent with the authorizations 
in TEA-21. This will provide for high-priority construction needs in 
every State of the Nation.
  The bill provides $298 million for the Motor Carrier Safety 
Administration, an increase of 11 percent over the current year. 
Included in the bill is the additional $88.2 million requested by the 
President to maintain a high level of trucking safety on the border 
with Mexico as we fully open up the border next year pursuant to NAFTA. 
This is a very important initiative to ensure the safety of all 
Americans as Mexican trucks begin to drive beyond commercial zones near 
the border into the interior of the U.S.
  I believe this funding, combined with the administration's regulatory 
and program activities, will ensure that we receive the benefits of 
greater trade with Mexico while at the same time protecting our people 
as we learn to share the road with our neighbors to the south.
  The bill includes $419 million for the National Highway Traffic 
Safety Administration, a 4 percent increase above current year, 
essentially the same as the administration requested, and it provides 
the level of funding called for in TEA-21.
  Amtrak, we are recommending the requested level of $521 million for 
Amtrak's capital needs, and we waive a limitation on funding carried 
for several years so that Amtrak can access those fund on the first day 
of the fiscal year. We have all read about and studied Amtrak's 
difficult cash situation. This bill will help them as much as we can 
next year. Ultimately, though, Congress will have to decide what to do 
next year if Amtrak does not meet its 5-year glide path to operational 
self-sufficiency mandated by Congress, soon to be 5 years ago. This 
bill for now meets the Federal commitment to help get Amtrak to that 
point. Now the debate will begin about whether or not Amtrak deserves 
the subsidies that will be required to keep it operating.
  In transit, the bill provides $6.7 billion for transit programs, an 
increase of almost $500 million over the current year. For the New 
Starts program, where funding is very tight, the committee chose to 
provide a higher share of the requested amount to those transit 
projects which show a greater financial commitment by the local and 
State governments and where the Federal share is limited to 60 percent 
or less. This will allow the Congress to stretch the very limited 
amount of Federal money so as many worthy projects as possible can be 
conducted.
  I hope all Members will appreciate that the explosive demand for 
transit services is far greater than we can possibly fund. By rewarding 
those projects with a higher local commitment, we are being good 
stewards of the taxpayers' money.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SABO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of the fiscal year 2002 appropriation 
bill. This bill is one that historically has been developed in a 
bipartisan manner, and I am happy to say that this year is no 
different.
  This is the first year that the gentleman from Kentucky (Mr. Rogers) 
has chaired the subcommittee, and I congratulate him on a job well 
done. He has been thorough, he has been fair, and we have a bill before 
us that deserves the support of all Members of this House.
  I would also like to thank our staff, Bev Pheto and Marjorie Duske 
from my staff, and the subcommittee staff of Rich Efford, Stephanie 
Gupta, Cheryle Tucker, Linda Muir and Theresa Kohler. They all have 
worked exceptionally well together and have produced an outstanding 
product. So this is a good bill that deserves passage by a substantial 
margin, and I would hope unanimous support.
  The subcommittee held a number of hearings this year on aviation 
delays. The gentleman from Kentucky (Mr. Rogers) should be commended 
for bringing the FAA, airports, airlines and other stakeholders 
together for frank discussions on the problems facing aviation 
customers. Solutions are not easy to come by, but we need a balanced 
approach to increase aviation system capacity with updated air traffic 
control technology, new runways and responsible flight scheduling.
  One important factor that must not be overlooked is the fact that 
many communities have a legitimate concern about airport noise that 
results in delays or even prevent airport expansion. We currently spend 
tens of millions of dollars every year to mitigate noise impacts by 
insulating or relocating homes. To help alleviate the noise problem at 
its source, the bill provides an additional $20 million to increase 
aircraft engine noise research so that quieter airplanes can be 
developed sooner.
  Overall, this is a great bill. We should pass it.
  Let me also, however, note some concerns of our colleagues that the 
committee did not extend several transit, bus and New Start earmarks 
and would allow them to be reprogrammed in 2002. I am sure that we can 
work out these issues as we move forward in the appropriations process.
  In closing, I believe that the merits of this bill outweigh any 
problems that must be addressed, and I urge support of the bill.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, to finish my opening statement, this bill is fair, it 
is balanced, it is bipartisan. It satisfies our national transportation 
needs to the best of our ability. It emphasizes strong program 
oversight and financial accountability, and it represents the handiwork 
of every Member of this subcommittee.
  I want to thank all of our Members for their suggestions, their hard 
work, and, again, special thanks to the ranking member, the gentleman 
from Minnesota (Mr. Sabo), for his assistance throughout the process. I 
urge approval of the bill.
  Mr. Chairman, I yield 2 minutes to the gentleman from Florida (Mr. 
Young), the very able chairman of the full committee who has been so 
helpful to us in the production of this bill and all of the others.
  Mr. YOUNG of Florida. Mr. Chairman, I rise in enthusiastic support of 
this bill, and I want to compliment the gentleman from Kentucky (Mr. 
Rogers) for having done an outstanding job in working with the 
gentleman from Minnesota (Mr. Sabo), the ranking member, and the staff 
of the subcommittee, because they have taken a bill that has the 
potential for real controversy and made it a very good bipartisan bill.
  That is not to say that there are not some differences, because there 
are some differences. That is always the case when we bring a bill to 
the floor. But these men have done a really good job.
  I also want to compliment the gentleman from Kentucky (Mr. Rogers), 
the chairman of the Subcommittee, for the tremendous relationship that 
he has established with the authorizing committee, the Committee on 
Transportation and Infrastructure, chaired by our friend and colleague, 
the gentleman from Alaska (Mr. Young). They had some problems that had 
to be worked out, and they were able to do that, mostly to the 
satisfaction of both of them. I believe this is a good example of how 
legislation can be drafted to get to a good bill that can be accepted 
by most everybody in this Chamber.
  Mr. Chairman, I rise to support the bill, to thank the gentleman from 
Kentucky (Mr. Rogers) and the gentleman from Minnesota (Mr. Sabo), and 
to thank the chairman of the authorizing

[[Page 11919]]

committee, the gentleman from Alaska (Mr. Young) for the good work he 
has done in helping us to resolve some of these differences.
  It is a good bill. Let us vote for it.
  Mr. SABO. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
Michigan (Ms. Kilpatrick), a distinguished member of our subcommittee.
  Ms. KILPATRICK. Mr. Chairman, I thank the ranking member, the 
gentleman from Minnesota (Mr. Sabo) for his outstanding leadership as 
we brought a perfect bill to this floor.
  Mr. Chairman, it has been a pleasure to work with the gentleman from 
Kentucky (Mr. Rogers) on this first time on appropriations and in the 
subcommittee. This is a good bill. I strongly urge its adoption and 
that we move forward in the process.
  Mr. Chairman, the chairman of our entire subcommittee spent many 
hours working with the airline industry because we know that 
cancellations, as well as late flights, are a problem for all 
Americans.
  Mr. Chairman, I want to commend the gentleman from Kentucky (Mr. 
Rogers) on his tenacity in making the airline industry come to the 
table and to address that problem. We have a safe industry here in 
America, and we are proud of that, but there is much work yet to be 
done as it relates to cancellations and timely departures and arrivals. 
With the leadership of the gentleman from Minnesota (Mr. Sabo) and our 
chairman, I am sure we will get to the bottom of that as well.
  The bill is a good one, as has been mentioned; not a perfect bill, 
but seldom do we have a perfect bill.
  I want to mention a little bit about the motor carrier safety that we 
are seeing in America. Trucks are responsible for many accidents that 
we have in our country. We have to make sure that we have an adequately 
staffed motor carrier division, and this bill begins to address that.
  In our NAFTA provisions that were passed a few years back, beginning 
January 1, as has been mentioned, many trucks coming from Canada, 
coming from Mexico must be inspected. Everything has to be safe and 
within the rules of America's transportation system. As the gentleman 
from Minnesota (Mr. Sabo) mentioned earlier, with NAFTA many trucks now 
will be coming into America further than the 30 miles, coming across 
into our country, and sometimes they may not meet the requirements that 
our country has set for our own trucks. I hope we will revisit the Sabo 
amendment and that we make those trucks coming in from Mexico meet the 
very same standards that our trucks have.
  Many trucks coming from Mexico do not have regular hours of service. 
Sometimes their inspection records are not up-to-date like ours must 
be. I hope we take the time in this bill to revisit that issue, to make 
sure that all American citizens are secure and safe as trucks move 
around our country.
  I strongly support this bill. I ask that my colleagues support it and 
that we move it to the Senate as soon as possible.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 3 minutes to the 
gentleman from Alaska (Mr. Young), the new and very able and strong 
chairman of the Committee on Transportation and Infrastructure, the 
authorizing committee, with whom I have a very close working 
relationship, and I appreciate his work very much and his cooperation.
  Mr. YOUNG of Alaska. Mr. Chairman, I rise in strong support of H.R. 
2299, the Department of Transportation and Related Appropriations Act 
for Fiscal Year 2002.
  I first want to again to congratulate the gentleman from Kentucky 
(Chairman Rogers) for his excellent work on this legislation. He has 
done an outstanding job in making difficult choices with very little 
money and finding the funds to ensure the Nation's transportation 
infrastructure needs are met.
  While I may not agree with every choice made in the legislation, I do 
recognize his leadership and hard work, and it has resulted in an 
excellent bill. I want to congratulate him for the work well done in 
his first term as chairman of the subcommittee.
  At the beginning of this Congress, the gentleman from Kentucky (Mr. 
Rogers) and I began a process of improving communications between our 
two committees, and I am hopeful that we can continue to work together 
to improve our communications and cooperation.
  I also would like to thank the gentleman from Florida (Mr. Young) and 
the gentleman from Kentucky (Mr. Rogers) for reporting a bill that 
generally honors the funding guarantees contained in both the 
Transportation Equity Act for the 21st Century, TEA-21, and the 
Aviation Investment and Reform Act of the 21st Century, AIR-21.
  However, I still have several concerns about the legislation. First, 
I have made it clear from the beginning of my term as chairman of 
Committee on Transportation and Infrastructure that I am going to 
ensure that the guaranteed funding provided by TEA-21 and AIR-21 are 
respected. These funds are essential to maintaining and improving our 
ground and aviation transportation systems.
  The formula adopted by Congress under TEA-21 and AIR-21 guarantees 
that our promises are kept to the taxpayers who pay the taxes on fuels 
for the purpose of improving and maintaining our highways and airports.
  A major guarantee of TEA-21 is that as the revenue from taxes 
increases, those revenues would automatically be distributed to the 
States through a process called Revenue Aligned Budget Authority, or 
RABA. Unfortunately, section 310 and section 323 both redistribute RABA 
funds for NAFTA-related spending in violation of the guarantee provided 
in TEA-21.
  While I do support the object of the funding, strict safety 
inspections of Mexican trucks, I am concerned that opening up RABA to 
other purposes is not the appropriate manner in which to solve this 
problem. For that reason, I will object to this change in the law 
contained in bill.
  The bill was reported with actually 50 legislative provisions that 
fall within this jurisdiction of the Committee on Transportation and 
Infrastructure. I am not objecting to the majority of these provisions, 
either because the appropriate consultation with my committee has taken 
place or because we are able to reach an agreement on the merits of 
certain actions. However, there will be a number, as I mentioned 
before, of other provisions that I will object to and raise a point of 
order that the committee has legislated in an area that is under the 
jurisdiction of the Committee on Transportation and Infrastructure.

                              {time}  1500

  Finally, I want to express my strong support for the amendment to be 
offered by the chairman of the Subcommittee on Coast Guard and Maritime 
Transportation, the gentleman from New Jersey (Mr. LoBiondo). His 
amendment is needed to address the significant shortfall in the 
appropriation to the Coast Guard. It was my understanding that the 
Committee on the Budget had provided a sufficient Function 400 to cover 
all the needs of the Coast Guard. Unfortunately, that allocation was 
not passed along in the Subcommittee on Transportation, which now makes 
this amendment necessary.
  Again, I want to thank the Subcommittee on Transportation of the 
Committee on Appropriations for its consideration and cooperation. I 
want to commend the excellent staff of the gentleman from Kentucky 
(Chairman Rogers) and the staff of the Subcommittee on Transportation 
for their hard work and willingness to work with my staff.
  I look forward to continuing to work with the gentleman through this 
appropriation process to produce the best transportation appropriation 
bill possible.
  Mr. SABO. Mr. Chairman, I yield 4 minutes to the gentleman from New 
Jersey (Mr. Rothman), a member of the full committee.
  Mr. ROTHMAN. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I wish to engage in a colloquy with our distinguished 
chairman, the gentleman from Kentucky

[[Page 11920]]

(Mr. Rogers), on the subject of Stewart Airport.
  Mr. Chairman, I thank you for joining in a colloquy with me and the 
distinguished ranking member, the gentleman from Minnesota (Mr. Sabo), 
to discuss an important issue regarding air traffic in the New York-New 
Jersey metropolitan region.
  Mr. Chairman, I am grateful for your efforts and those of our 
distinguished ranking member and for the work of the committee to 
research how to reduce the terrible problem of aircraft noise, which 
affects tens of thousands of my constituents in northern New Jersey.
  I also want to thank the chairman and ranking member for addressing 
the critical problem of airline delays and for their work on the 
redesign of the New Jersey-New York metropolitan area's regional air 
space.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. ROTHMAN. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. I want to thank the gentleman from New Jersey 
for requesting this colloquy. I am proud to inform him of the work the 
committee has done in our oversight hearings and in this bill to 
address the serious issue of airline delays. I am also pleased to 
report that the bill includes $8.5 million, which the Federal Aviation 
Administration is to use only for the redesign of the New Jersey-New 
York metropolitan region's air space.
  Mr. SABO. Mr. Chairman, will the gentleman yield?
  Mr. ROTHMAN. I yield to the gentleman from Minnesota.
  Mr. SABO. Mr. Chairman, the committee has also increased funding for 
the Federal Aviation Administration's environment and energy budget to 
research aircraft noise mitigation to $27.6 million, an increase of 
$24.1 million over fiscal year 2001, in order to speed the introduction 
of lower-noise aircraft technologies.
  Mr. ROTHMAN. Mr. Chairman, reclaiming my time, I thank the gentlemen.
  As the Federal Aviation Administration looks at ways of reducing the 
stress on our overburdened regional air space, particularly the air 
space over northern New Jersey, I would also ask the committee to work 
with the FAA on examining the important role that Stewart International 
Airport could play in accommodating general aviation aircraft that now 
use Teterboro Airport, located in my district in New Jersey. Such a 
shift from Teterboro to Stewart would reduce the aircraft noise and air 
traffic that affects hundreds of thousands of my constituents every 
day.
  Mr. ROGERS of Kentucky. If the gentleman will continue to yield, I 
want to thank the gentleman from New Jersey (Mr. Rothman) and the 
others for highlighting these additional ways that the FAA can reduce 
aircraft noise and ease air traffic congestion in the region. We will 
work with the gentleman on these important issues as the committee 
moves forward.
  Mr. GILMAN. Mr. Chairman, will the gentleman yield?
  Mr. ROTHMAN. I yield to the gentleman from New York.
  Mr. GILMAN. Mr. Chairman, I represent the area around the Stewart 
Airport, and I want the gentleman to know just today we have been 
meeting with the FAA to emphasize the need for using regional airports, 
such as Stewart, to alleviate the congestion of LaGuardia Airport. I 
want to commend the gentleman for focusing attention on this important 
issue.
  Mr. ROTHMAN. Mr. Chairman, reclaiming my time, I thank my 
distinguished colleague.
  Mr. SABO. Mr. Chairman, I yield 1 minute to the gentleman from 
Wisconsin (Mr. Obey), the distinguished ranking member of the full 
Committee on Appropriations.
  Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I simply want to say while we will certainly be 
debating a number of issues about which there is some disagreement 
today, including the Sabo amendment, overall, this is a very reasonable 
bill and it deserves to be supported. I expect to support it, and I 
expect a large number of Members will do the same.
  I congratulate the gentleman from Kentucky and the gentleman from 
Minnesota for the job they have done. I appreciate their good work, as 
I know the House does, and we look forward to disposing of this bill in 
fairly short order today.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from Missouri (Mrs. Emerson), one of the hardest working 
members of our subcommittee.
  Mrs. EMERSON. Mr. Chairman, I rise today in support of H.R. 2299, and 
want to thank the gentleman from Kentucky (Chairman Rogers) and the 
gentleman from Minnesota (Mr. Sabo), the ranking member, for the 
fabulous job they have done in putting this bill together, as well as 
the staffs, who have worked tremendously.
  I believe very strongly this bill goes a long way towards meeting our 
Nation's transportation priorities. I come from a rural district; and, 
as cochair of the Rural Caucus, there is probably nothing more critical 
to helping rural America than improving our infrastructure. It is 
probably the most important thing that we needed to address in this 
issue, from my perspective, and, for the first time, our legislation 
does fund the Small Community Air Service Development Pilot Program, 
which will stimulate new and expanded air service at under-utilized 
airports in small and rural communities.
  The legislation also includes important language which strongly urges 
the Department of Transportation to issue rural consultation provisions 
which were included back when we did TEA-21 3 years ago. These 
important rules will ensure that our rural local elected officials have 
a seat at the table when our State departments of transportation are 
making Statewide transportation planning decisions.
  So, again, I would like to thank the chairman for his tremendous hard 
work; and I look forward to working with him and the ranking member as 
we continue on with the process.
  Mr. SABO. Mr. Chairman, I yield 1 minute to a distinguished member of 
our subcommittee, the gentleman from Arizona (Mr. Pastor).
  Mr. PASTOR. Mr. Chairman, first of all I would like to congratulate 
our chairman, the gentleman from Kentucky (Mr. Rogers), and ranking 
member, the gentleman from Minnesota (Mr. Sabo), for the fine work they 
have done in bringing this bill before us. It is a reasonable bill, it 
is a fair bill, and I congratulate them and also thank them.
  I would like to thank the subcommittee for the work that they did on 
the issue of the borders in this bill. We have monies dedicated to 
building facilities that will inspect the trucks, as we have the 
international flow of trucks, and also we have additional personnel on 
the borders. This bill contains additional money for personnel on the 
borders that will inspect the trucks.
  I would also like to congratulate the subcommittee for the work they 
have done in dealing with airport congestion. As the gentleman from New 
Jersey (Mr. Rothman) talked about hubs, this subcommittee has taken on 
the responsibility of dealing with the congestion that we have, and I 
look forward to working with them to resolve that.
  I would like to thank the staff for the fine work they have done. 
This is a good bill, and we support it.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from New York (Mr. Sweeney), another one of the very 
hardworking members of our subcommittee.
  Mr. SWEENEY. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, I basically wanted to stand and commend and 
congratulate our chairman of the subcommittee, who faced a number of 
challenges, as well as the ranking member, the gentleman from Minnesota 
(Mr. Sabo).
  This is a comprehensive bill that moves forward the transportation 
needs of this Nation in a very positive way, connecting road, rail and 
air. They faced a great many challenges.
  I come from a State that has huge transportation infrastructure 
needs.

[[Page 11921]]

For example, in the New Start program, they faced the challenge that 
the Federal Transit Administration account has been drawn down to 
dangerously low levels in the New Start program, and there are a number 
of programs that need funding.
  We were able to secure some funding for the New York City area, which 
has huge and substantial needs. In addition to that, as my colleague, 
the gentleman from New Jersey (Mr. Rothman), pointed out, this bill 
moves forward in a very positive way. I think it is the first tangible 
way that any level of government began to look at the use of Stewart 
Airport as one of the four major airports in the New York metropolitan 
area. And this is not a Northeast regional issue or problem, it is a 
national problem, because 30 percent of all delays in air travel come 
out of that region. If we are able, through the commission of a study 
in this bill, to find a way to ease that problem, it will have an 
effect nationally.
  There are a number of other provisions in this bill that work to 
serve the Northeast and my constituents, an I-87 corridor study and 
many other efforts in the high speed rail area, to connect our region.
  But I want to especially commend the chairman, the gentleman from 
Kentucky (Mr. Rogers), and his staff for their paying attention to 
these problems, for taking the issues that are at hand here today and 
working hard with them.
  In addition, I understand we are going to add some new money into the 
FAA's General Counsel's office to handle airport-airline complaints. 
All of those efforts are consumer friendly and are important to moving 
the agenda forward, and I want to commend the chairman for that.
  Mr. PASTOR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from New York (Mr. Serrano), a member of the subcommittee.
  Mr. SERRANO. Mr. Chairman, I rise to engage my chairman, the 
gentleman from Kentucky (Mr. Rogers), in a colloquy.
  Mr. Chairman, as you know, New York City is the Nation's biggest user 
of mass transportation. The city's transit needs are constantly growing 
and transit improvements and expansion are of critical importance to 
the city's mobility and general well-being.
  One project that is vital to the transit network of the future is the 
Second Avenue Subway. I requested funding for this project, as did 
other Members of the New York delegation. However, as a member of the 
subcommittee, I am keenly aware of the funding limits that the 
gentleman from Kentucky (Chairman Rogers) and the ranking member, the 
gentleman from Minnesota (Mr. Sabo), faced in putting their bill 
together and of the tough decisions that they were forced to make.
  One of these decisions was to limit New Starts funding to projects 
already in preliminary engineering. This made funding the numerous 
projects that are still in the alternatives analysis stage of the 
planning process impossible.
  I would ask the gentleman from Kentucky (Chairman Rogers) if there 
were any exceptions to this policy and if the decision was made without 
prejudice to any of the projects, especially to my great city?
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. SERRANO. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. The gentleman from New York is correct. There 
were no exceptions to the policy and it was made without prejudice; 
and, I would add, the gentleman from New York has been very, very 
persuasive with us.
  Mr. SERRANO. Mr. Chairman, reclaiming my time, I thank the chairman 
for those comments. I would like to close by saying this continues to 
be a major concern to my city and to certainly the surrounding area, 
the people who come in to visit. I would hope that in the near future 
we could move to find a way to fund this project.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from New York (Mr. Gilman).
  Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I am pleased to rise in strong support of this measure, 
the Fiscal Year 2002 Transportation Appropriations Act. I commend the 
gentleman from Kentucky (Mr. Rogers), the subcommittee's distinguished 
chairman, for his diligence and hard work in crafting this legislation, 
which appropriates over $59 billion in budgetary resources to meet our 
Nation's transportation needs, including almost $20 million for New 
York State and my Congressional district.
  I am gratified to note that over $6 million has been earmarked for 
improving Stewart International Airport, which we have been discussing, 
providing funding for the construction of a new, long-needed air 
traffic control tower.
  In addition, funds are going to be allocated to the Stewart Airport 
Connector Study, which will improve surface access to the airport. 
Moreover, I welcome Chairman Rogers' support for Stewart by his 
recognition of its potential as a priority alternative regional airport 
for the New York metropolitan region.
  Earlier today, I was pleased to host a meeting with Chuck Seliga, 
Managing Director of Stewart International, and with officials from the 
Federal Aviation Administration to review the future of Stewart Airport 
and how our efforts to alleviate congestion at LaGuardia should include 
Stewart Airport.

                              {time}  1515

  Stewart International has the infrastructure location and capability 
to be a viable alternative for the New York metropolitan region, and I 
fully support efforts to promote this underutilized airport. I commend 
the gentleman from Kentucky (Mr. Rogers), the chairman of the 
subcommittee, for his efforts in crafting this vital legislation.
  Accordingly, I urge my colleagues to fully support this important 
appropriations bill.
  Mr. PASTOR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I would like to engage the gentleman from 
Kentucky (Mr. Rogers), the subcommittee chairman, in a colloquy.
  Mr. Chairman, I would like to request that a study be conducted on 
pier safety in navigable waters.
  Currently, no Federal regulations exist requiring safety standards 
for piers. This deeply concerns me because there have been a great 
number of fatal pier accidents that could have been prevented if 
Federal safety standards were in place.
  One such fatal accident took place on May 18, 2000, when a 140-foot 
portion of Pier 34 on the Delaware River in Philadelphia collapsed, 
killing three constituents of mine. This accident could have been 
avoided if Federal pier safety standards had existed.
  I believe that Congress can take an active role in preventing these 
tragic accidents from occurring by creating safety standards for piers 
in navigable waters. Therefore, I respectfully ask for the chairman to 
support my efforts by urging the conferees to include language in the 
final transportation appropriations bill that calls for a study to be 
conducted on pier safety.
  Mr. Chairman, I thank the gentleman for yielding.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. ANDREWS. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, while I have not examined this 
particular issue in detail, I can assure the gentleman that we will 
seriously consider his request.
  Mr. ANDREWS. Mr. Chairman, I thank the subcommittee chairman and the 
staff.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from Virginia (Mr. Wolf), the very able immediate past 
chairman of this subcommittee and now the chairman of the Subcommittee 
on Commerce, Justice and State and Judiciary.
  Mr. WOLF. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. WOLF. Mr. Chairman, I rise in strong support of the bill.

[[Page 11922]]

  I do want to just say, though, for the membership of the body and for 
the administration, the gentleman from Minnesota (Mr. Sabo) is right. 
We have to be careful on this truck issue. Five thousand people a year 
die in the United States from trucks. If you go out on a truck 
inspection of American trucks, you will be fearful when you go out on 
the road sometimes.
  Mexico has no hours of service. None. Mexico has no drug testing. 
None. Mexico has no alcohol testing. None. Mexico has no commercial 
driver's license. None. Mexico has no truck inspection. None. Mexico 
uses leaded gasoline and not unleaded gasoline.
  Frankly, the administration has not thought this thing through, and 
we do not even have an Office of Motor Carrier Administration yet on 
the job.
  Now, I know the gentleman from Kentucky (Mr. Rogers) said we will 
watch this carefully and I appreciate that. But this is an important 
issue. I tell the administration, you better be careful and you better 
handle this right, because if this is not handled right, people will 
die. So this is an important issue, and I appreciate the chairman's 
commitment to making sure that those regulations are good. I think the 
Congress ought to be very careful and the administration especially so, 
to listen to what the gentleman from Minnesota (Mr. Sabo) was trying to 
say.
  The truck safety issue is one that I advocated as the chairman of the 
House transportation appropriations subcommittee over the past six 
years. I sat in hearings and heard testimony about the widespread 
safety problems involving trucks from Mexico, including testimony from 
the inspector general at the U.S. Department of Transportation. That 
office issued a December 1998 audit report which ``concluded that 
neither the Office of Motor Carriers nor the border states, with the 
exception of California, are taking sufficient actions to ensure that 
trucks entering the United States from Mexico meet U.S. safety 
standards.''
  I understand the requirements under NAFTA permitting cross-border 
trucking services. Nevertheless, the U.S. needs to ensure that trucks 
coming across our borders and traveling on our highways will meet U.S. 
safety standards. The Department of Transportation must establish a 
consistent enforcement program that provides reasonable assurance of 
the safety of trucks from Mexico entering the United States.
  The United States and Mexico must establish, test and implement a 
comprehensive truck safety program at our borders. It is unacceptable 
to have unsafe trucks from anywhere on U.S. highways. These trucks 
could be traveling on I-81 through the Shenandoah Valley in the heart 
of my congressional district, or on I-5 in California, or on the 
streets of the nation's capital. We have an obligation to protest our 
families, our friends and our neighbors who use the nation's highway 
system every hour of every day.
  I urge the Bush Administration to take every precaution necessary to 
ensure that no lives are lost because of unsafe trucks on our highways. 
I have spent considerable time on this issue over the past six years 
and believe it deserves your close attention.

                                    Congress of the United States,


                                     House of Representatives,

                                 Washington, DC, February 7, 2001.
     Hon. Norman Mineta,
     Secretary, Department of Transportation,
     Washington, DC.
       Dear Secretary Mineta: I am very troubled by the news 
     reports today that the U.S. government may be poised to allow 
     trucks from Mexico to cross U.S. borders under the North 
     American Free Trade Agreement (NAFTA). I am writing to urge 
     that you tread very carefully on this issue because lives are 
     at stake.
       The truck safety issue is one that I advocated as the 
     chairman of the House transportation appropriations 
     subcommittee over the past six years. I sat in hearing and 
     heard testimony about the widespread safety problems 
     involving trucks from Mexico, including testimony from the 
     inspector general at the U.S. Department of Transportation. 
     That office issued a December 1998 audit report (TR-1999-034) 
     which ``concluded that neither the Office of Motor Carriers 
     nor the border states, with the exception of California, are 
     taking sufficient actions to ensure that trucks entering the 
     United States from Mexico meet U.S. safety standards.'' A 
     copy of the report is enclosed.
       I understand the requirements under NAFTA permitting cross-
     border trucking services. Nevertheless, the U.S. needs to 
     ensure that trucks coming across our borders and traveling on 
     our highways will meet U.S. safety standards. Already more 
     than 5,000 people die every year on our roads in accidents 
     involving heavy trucks. That number could skyrocket if unsafe 
     trucks from Mexico are allowed on our highways. According to 
     the December 1998 IG report, barely 1 percent of the 3.7 
     million trucks from Mexico crossing the border were 
     inspected. Of those, nearly half were placed our of service 
     because of safety violations. The Department of 
     Transportation must establish a consistent enforcement 
     program that provides reasonable assurance of the safety of 
     trucks from Mexico entering the United States.
       In addition, I am concerned that no drug and alcohol 
     testing program exists for truck drivers from Mexico. Mexico 
     also has no hours of service regulations. This means that a 
     truck driver from Mexico could have been driving for 24 hours 
     straight before even entering the United States. Furthermore, 
     no database exists between Mexico and the United States to 
     exchange information on past violations of drivers from 
     Mexico.
       The United States and Mexico must establish, test and 
     implement a comprehensive truck safety program at our 
     borders. It is unacceptable to have unsafe trucks from 
     anywhere on U.S. highways. These trucks could be traveling on 
     I-81 through the Shenandoah Valley in the heart of my 
     congressional district, or on I-5 in California, or on the 
     streets of the nation's capital. We have an obligation to 
     protect our families, our friends and our neighbors who use 
     the nation's highway system every hour of every day.
       I urge the Bush Administration to take every precaution 
     necessary to ensure that no lives are lost because of unsafe 
     trucks on our highways. I have spent considerable time on 
     this issue over the past six years and believe it deserves 
     your close attention.
       I would be happy to talk with you about this critical 
     matter. Lives are at stake. Please do not hesitate to call.
       Best regards.
           Sincerely,
                                                    Frank R. Wolf,
                                               Member of Congress.

  Mr. PASTOR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from New York (Mr. Hinchey).
  Mr. HINCHEY. Mr. Chairman, I want to express my appreciation to the 
gentleman from Kentucky (Mr. Rogers), the chairman of the subcommittee, 
for putting together a very excellent bill to help us deal with the 
transportation needs of our country over the course of the upcoming 
fiscal year.
  In particular, I want to thank him for his attention to our air 
traffic needs and particularly to the subject of air traffic safety and 
the need to relieve air traffic congestion in many places around the 
country.
  The airport at the LaGuardia field in New York City is principal 
among them. The chairman has recognized that it is possible to relieve 
air traffic congestion at LaGuardia and other metropolitan airports by 
providing an alternative venue at Stewart International Airport, which 
is located just 60 miles north of Manhattan.
  The chairman has expressed that by working with us to obtain an 
appropriation of $5.7 million for a new air traffic control tower and 
air traffic control system at Stewart. If we are going to be successful 
in attracting new carriers into Stewart, new commercial carriers, this 
air traffic control system, which is funded in this appropriations 
bill, will be absolutely essential. I thank the chairman for that.
  I also want to express my appreciation to the chairman for his 
recognition and allowing of report language in the bill which instructs 
the Federal Aviation Administration to pay attention to Stewart Airport 
as it addresses the need to relieve congestion at LaGuardia and other 
airports in the metropolitan region. We have placed language, report 
language, in the bill which stipulates that this should occur and that 
the FAA and the Federal Department of Transportation in addressing 
these needs also pay attention to the need to provide surface 
transportation between Newburgh where Stewart Airport is located and 
the metropolitan area of New York City. That is essential if this 
airport is going to be used in that way, and I thank the gentleman very 
much for his assistance in achieving these objectives.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 1 minute to the 
gentleman from Pennsylvania (Mr. Gekas) for the purpose of a colloquy.
  Mr. GEKAS. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  The current bill contains a provision in which the result is a 
reallocation of certain funds that were appropriated for what is called 
Corridor One in central Pennsylvania, a very vital item in

[[Page 11923]]

the revitalization of mass transit transportation and economic 
development. We want to try to reconstitute this reallocation and allow 
the stream of funding to continue, and we would urge the chairman, and 
I will yield to him for a colloquy on this. I would ask him to work 
with us, staff-to-staff and Member to Member, so that we can try to 
refashion the appropriation and restore what has been reallocated.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. GEKAS. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I appreciate the concerns of 
the gentleman. We would be pleased to work with him as the 
transportation bill moves along this year, and I assure the gentleman 
of that.
  Mr. GEKAS. Mr. Chairman, I thank the gentleman.
  Mr. PASTOR. Mr. Chairman, I yield 3 minutes to the distinguished 
gentleman from New Jersey (Mr. Menendez).
  Mr. MENENDEZ. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  I would ask if he, on behalf of the gentleman from Minnesota (Mr. 
Sabo) and the distinguished chairman, as well as the gentleman from New 
Jersey (Mr. Rothman), would join in a colloquy.
  Mr. Chairman, I would like to thank the gentleman from Kentucky (Mr. 
Rogers), the chairman of the subcommittee, and the gentleman from 
Minnesota (Mr. Sabo), the ranking Democrat on the committee, as well as 
the gentleman from New Jersey (Mr. Rothman), for addressing the needs 
of New Jersey this year. We have received generous consideration with 
regard to important projects such as the Hudson-Bergen Light Rail, and 
I deeply appreciate that consideration.
  There is, however, one particular project that would greatly benefit 
my district and the region which did not receive funding. I am 
referring to the ferry terminal and pier project located in the heart 
of Jersey City's growing Colgate redevelopment zone. This $10 million 
project was recently submitted for funding, but was not included in the 
subcommittee's mark; and I was wondering if the gentleman could comment 
on that.
  Mr. PASTOR. Mr. Chairman, will the gentleman yield?
  Mr. MENENDEZ. I yield to the gentleman from Arizona.
  Mr. PASTOR. Mr. Chairman, I understand that the subcommittee's 
decision was without prejudice to the merits of the Jersey City 
project.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. MENENDEZ. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, the gentleman is correct.
  Mr. ROTHMAN. Mr. Chairman, will the gentleman yield?
  Mr. MENENDEZ. I yield to the gentleman from New Jersey.
  Mr. ROTHMAN. Mr. Chairman, I too wish to express my gratitude to the 
gentleman from Kentucky (Mr. Rogers), the chairman of the subcommittee, 
and to the gentleman from Arizona (Mr. Pastor) on behalf of the ranking 
member, the gentleman fro Minnesota (Mr. Sabo), for the cooperation and 
generosity of the committee for its help on a wide range of 
transportation priorities in New Jersey that are included in this bill.
  I understand the funding constraints under which the committee is 
working. I would also, however, like to point out that this new ferry 
hub project would provide an important transportation solution for the 
tri-state area, New York, New Jersey and Connecticut, as well as in 
particular for Jersey City. It would connect the New York and New 
Jersey financial districts with a 5-minute ferry ride, transport up to 
30,000 passengers daily, and provide relief to the now congested PATH 
and Holland Tunnel interstate traffic.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. MENENDEZ. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I thank all of my colleagues 
for bringing the Jersey City project to our attention. I will be glad 
to work with my colleagues and other project sponsors as we move the 
transportation bill through the process this year.
  Mr. MENENDEZ. Mr. Chairman, I thank the chairman for his 
consideration.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 1 minute to the 
distinguished gentleman from Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Chairman, I applaud the gentleman from Kentucky (Mr. 
Rogers) and the committee for taking action to fight the growing 
gridlock that plagues northern Illinois.
  For the first time in 70 years, our country is building a new 
commuter rail line, Metra's North Central line; and once complete, this 
line will pull thousands of cars off of our crowded highways and will 
help us meet our obligations under the Clean Air Act.
  The bill also contains funding for a traffic control center in 
Libertyville, Illinois, the Pace Suburban Bus System that relieves the 
pressure for the reverse commuters and for runway construction at 
Palwaukee Airport that will rebuild a crumbling runway that is crucial 
to relieving congestion at nearby O'Hare.
  I want to thank the gentleman from Minnesota (Mr. Sabo) and the 
gentleman from Kentucky (Mr. Rogers) for their commitment to the 
quality of life and environment of northern Illinois.
  Mr. Chairman, I urge strong support for this bill.
  Mr. SABO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Maryland (Mr. Hoyer), one of our colleagues on the Committee on 
Appropriations and an old friend.
  Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, I applaud the efforts of the chairman and the ranking 
member on this bill.
  I rise to speak on behalf of a provision which will help the 
Anacostia waterfront become a vibrant community of residents and 
commerce, a project that will make Poplar Point a recreation 
destination, and to make South Capitol Street the center of a vital 
community and an appropriate gateway entrance into this capital city.
  Last year, the gentlewoman from the District of Columbia (Ms. Norton) 
shepherded through the Congress a bill to allow private development of 
the Southeast Federal center. Her bill was key in bringing commercial 
and residential growth into this community. Over the past several 
months, I have been working with the gentlewoman from the District of 
Columbia (Ms. Norton), Mayor Williams, and a host of Federal and local 
agencies and all of my colleagues from the Washington metropolitan area 
to identify what the Federal Government's next step can be. The next 
step must be addressing the terrible state of the South Capitol Street 
entrance to the Nation's capitol.
  I therefore rise in strong support of the initiative in this bill for 
the Transportation Department to examine how to rework South Capitol 
Street. The transportation study will examine ways to create better 
infrastructure that links the waterfront community to the existing 
Capitol Hill community.
  Once completed, this study is certain, certain to help community 
residents, Federal and District officials, and entrepreneurs to combine 
their skills and energy to realize the Anacostia's full potential.
  We in Congress, Mr. Chairman, have a duty, a duty to this great city. 
By supporting the South Capitol Street traffic pattern study, we will 
be giving our Nation's capital a critical planning tool to make a 
smart, balanced development decision in the next few years. We will 
also be sending a powerful signal to District residents and 
entrepreneurs that we care about Washington, D.C.'s future.
  I am very pleased to support this bill and the initiative. I think it 
is an initiative that all of us will look back on a decade, 2 decades 
from now and say, this was a substantial step, not just for the capital 
city, but for America as well.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from New York (Mr. Fossella) for the purposes of a colloquy.

[[Page 11924]]


  Mr. FOSSELLA. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I would like to thank the gentleman from Kentucky (Mr. 
Rogers) for giving me the opportunity to discuss an issue that is vital 
not just to New York, but indeed the entire country.

                              {time}  1530

  As the gentleman knows, the dynamics of the Regional Airspace 
Redesign recently brought this issue to our attention. The FAA is 
currently undertaking the New York-New Jersey-Philadelphia Airspace 
Redesign project, which is expected to take 5 years to complete.
  According to the FAA, the purpose of the New York-New Jersey Airspace 
Redesign project is to ``increase the efficiency of air traffic flows 
into and out of the metropolitan area, including Philadelphia, while 
maintaining or improving the level of safety and air traffic services 
that are currently in place.''
  In accordance with the Federal law, the FAA must conduct an 
environmental review before implementing any new flight plans. A 
concern that I have is the environmental impacts of departure delays. 
Anybody on the runway of any of the major airports knows what I mean, 
particularly, for example, in Newark airport, where it is not uncommon 
to sit on the runway for 45 minutes or hour, an hour, 15 minutes in the 
morning.
  It is something that I feel deserves more consideration while 
conducting the redesign. By increasing efficiency, not only will delays 
be reduced, but the environments of surrounding communities will see a 
significant reduction in air pollution. Airports are significant 
sources of ground-level volatile organic compounds and nitrogen oxides. 
In our Nation's largest and busiest airports, these idling planes can 
create as much, if not more, ground-level pollution as many of their 
large industrial neighbors.
  According to a July 2000 report by Department of Transportation 
Office of Inspector General, at the 28 largest U.S. airports, the 
number of flights with taxi-out times of 1 hour or more increased 130 
percent over the past 5 years, with nearly 85 percent of all delay 
times occurring on the ground. In addition, it was reported that the 
departure delays were significantly underreported, so the full 
environmental effects of idling planes is not known.
  The area included in the redesign contains four of the Nation's 10 
most delayed airports.
  By encouraging the FAA to take the environmental impacts of departure 
delays into consideration while evaluating new departure paths, this 
could lead to not only more efficient airports with less delays and 
happier consumers, but also a cleaner environment; therefore, I 
respectfully ask that the gentleman include language in the committee 
report directing the FAA to consider these impacts while conducting its 
environmental review.
  Mr. SABO. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, I want to thank the gentleman 
from Florida (Mr. Young), the gentleman from Wisconsin (Mr. Obey), the 
gentleman from Kentucky (Mr. Rogers) and the gentleman from Minnesota 
(Mr. Sabo) for their great work on this bill.
  Mr. Chairman, $65 million for the Mission Valley East Light Rail 
Extension is included in this bill, and that is part of the San Diego 
Trolley, an area that we have been trying to improve for a number of 
years. Also it includes $2 million for phase 1 of the Mid Coast 
Corridor Extension.
  Mr. Chairman, I want to thank the gentleman from Alaska (Mr. Young) 
and the gentleman from Minnesota (Mr. Oberstar) for their long-standing 
commitment to mass transit.
  I also want to recognize and thank my colleagues in the San Diego 
congressional delegation, the gentleman from California (Mr. Hunter), 
the gentleman from California (Mr. Cunningham), the gentleman from 
California (Mr. Filner) and the gentleman from California (Mr. Issa). 
We have worked together on this Mission Valley East Extension, and this 
bipartisan cooperation will make a big difference for all of our 
constituents in San Diego.
  What does that mean? It means that we are going to be increasing the 
trolley ridership by 2.5 million new annual transit riders. It means 
that students at San Diego State University will now be connected to 
our light rail system. It means that patients at Alvarado Medical 
Center will be connected to the light rail system as well. It also 
means that we are going to close the gap between our blue and our 
orange lines, and we will take a first step towards linking the 
University of California at San Diego to our light rail system.
  Mr. Chairman, I thank the gentleman from Kentucky (Mr. Rogers) for 
the opportunity to acknowledge these needed transit improvements that 
will be coming to the San Diego region and the big difference it will 
be making for all of us.
  Mr. SABO. Mr. Chairman, I yield back the balance of my time.
  Mr. ROGERS of Kentucky.
  Mr. Chairman, I submit the following for the Record.

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[[Page 11931]]

  Ms. PELOSI. Mr. Chairman, I support the Sabo amendment, which would 
ensure that Mexican trucking companies undergo safety reviews before 
their trucks gain access to American highways.
  Trucks are a major factor in highway fatalities. Even with safety 
regulations in place in the U.S., crashes involving large trucks killed 
5,282 people in 1999. Of these fatalities, 363 occurred in my home 
state of California. Mexico's regulations are much weaker than ours. 
Drivers do not log their hours on the road, restrictions on hours 
behind the wheel are not enforced, drivers can be under 21, trucks that 
violate safety standards are not taken off the road, and trucks can 
weigh significantly more than in the U.S.
  Of the nearly 4 million trucks that enter the U.S. commercial zones 
from Mexico annually, the U.S. inspects only 1%. Of that 1%, more than 
a third are removed from service because they are unsafe. This is a 
dismal record. We must ensure that trucks from Mexico are safe before 
they are allowed on every highway in the United States. I urge my 
colleagues to vote for the Sabo amendment.
  Mr. BEREUTER. Mr. Chairman, this Member rises in support of H.R. 
2299, the Transportation appropriations bill for fiscal year 2002.
  This Member would like to commend the distinguished gentleman from 
Kentucky (Mr. Rogers), the Chairman of the Transportation 
Appropriations Subcommittee, and the distinguished gentleman from 
Minnesota (Mr. Sabo), the ranking member of the Subcommittee for their 
hard work in bringing this bill to the Floor.
  Mr. Chairman, this Member certainly recognizes the severe budget 
constraints under which the full Appropriations Committee and the 
Transportation Appropriations Subcommittee operated. In light of these 
constraints, this Member is grateful and pleased that this legislation 
includes funding for several important projects of interest to the 
State of Nebraska.
  This Member is particularly pleased that this appropriations bill 
includes $1,517,000 for preliminary work leading to the construction of 
bridges in Plattsmouth and Sarpy County to replace two obsolete and 
deteriorating bridges. The request for these funds was made by this 
Member as well as the distinguished gentleman from Nebraska (Mr. Terry) 
and the distinguished gentlemen from Iowa (Mr. Ganske and Mr. Boswell).
  The agreement leading to the funding was the result of intensive 
discussions and represents the consensus of city, county and state 
officials as well as the affected Members of Congress. The construction 
of these replacement bridges (a Plattsmouth U.S. 34 bridge and State 
Highway 370 bridge in Bellevue) will result in increased safety and 
improved economic development in the area. Clearly, the bridge projects 
would benefit both counties and the surrounding region.
  This Member is also pleased that the bill includes $325,000 requested 
by this Member for the construction of a 1.7-mile bicycle and 
pedestrian trail on State Spur 26E right-of-way, which connects Ponca 
State Park and the Missouri National Recreational River Corridor to the 
City of Ponca. This trail will play an important role as the area 
prepares for the bicentennial of the Lewis and Clark Corps of Discovery 
expedition and the significant increase in tourism which it will help 
generate. The approaching bicentennial represents a significant 
national opportunity and it is crucial that communities such as Ponca 
have the resources necessary to prepare for this significant 
commemoration.
  The trail will provide the infrastructure necessary to improve the 
quality of life by providing pedestrian and bicycle access between 
Ponca and the Ponca State Park and increases the potential for economic 
benefits in the surrounding region. The trail addresses serious safety 
issues by providing a separate off-road facility for bicyclists and 
pedestrians.
  This member would also like to mention that this bill provides more 
than $2.6 million in Section 5307 urban area formula funding for mass 
transit in Lincoln, Nebraska. This represents an increase of $230,753 
over the FY2001 level.
  Finally, this bill includes $1,976,000 for Nebraska's Intelligent 
Transportation System (ITS). This funding, which was requested by this 
Member and the distinguished gentleman from Nebraska (Mr. Osborne), is 
to be used to facilitate travel efficiencies and increased safety 
within the state.
  The Nebraska Department of Roads has identified numerous 
opportunities where ITS could be used to assist urban and rural 
transportation. For instance, the proposed Statewide Joint Operations 
Center would provide a unifying element allowing ITS components to 
share information and function as an intermodal transportation system. 
Among its many functions, the Joint Operations Center will facilitate 
rural and statewide maintenance vehicle fleet management, roadway 
management and roadway maintenance conditions. Overall, the practical 
effect will be to save lives, time and money.
  Mr. Chairman, in conclusion, this member supports H.R. 2299 and urges 
his colleagues to approve it.
  Mr. NADLER. Mr. Chairman, today I rise in support of this bill to 
provide appropriations for the Department of Transportation for Fiscal 
Year 2002.
  First, I would like to thank Chairman Young, Ranking Member Obey, 
Subcommittee Chairman Rogers, and Ranking Member Sabo, for including 
funds for the Cross Harbor Rail Freight Tunnel Environmental Impact 
Study in this bill. This project was first authorized in TEA-21, and 
received funds for a Major Investment Study, which was just completed 
last year. After examining numerous alternatives, the MIS recommended 
construction of a rail tunnel under New York Harbor to facilitate 
cross-harbor freight movement. The MIS confirmed that a tunnel would be 
beneficial in several respects. The economic return to the region would 
be about $420 million a year. The benefit to cost ratio is 2.3 to 1. 
The environmental impact would be profoundly felt, as the tunnel would 
remove one million trucks from our roads per year, not to mention the 
economic benefit produced by reduced congestion and the lower cost of 
consumer goods.
  I would like to thank the Committee leadership for understanding the 
importance of this project, and including funds for the EIS phase so 
that we can continue the progress of the last few years and correct the 
freight infrastructure imbalance that exists in the region East of the 
Hudson of New York and Connecticut.
  I do have a few concerns, however, regarding transit funding. As many 
of you know, New York relies heavily on public transportation, and as 
such, we have a number of projects which are essential to the economic 
stability, as well as to the environmental quality, of the city. I 
would like to thank the Committee for including funds for one of these 
projects, The East Side Access Project, to connect the Long Island 
Railroad to Grand Central Station in Manhattan. Unfortunately, no funds 
were included for the Second Avenue Subway. Both of these projects are 
important, and will require a greater federal investment if they are to 
be completed in the sufficient time frame. That being said, I hope this 
problem can be resolved, and I urge the Appropriations Committee to 
include funding for the Second Avenue Subway when this bill goes to 
Conference with the Senate.
  I have a number of other concerns with this bill. For instance, funds 
should be included for the inspection of Mexican trucks operating in 
the United States. We must not sacrifice safety in an attempt to comply 
with NAFTA. Overall, however, this is a good bill, which fully funds 
the highway and aviation trust funds. I would like to complement 
Chairman Rogers and Ranking Member Sabo for all their hard work in 
crafting this important legislation, and I urge all my colleagues to 
support it.
  Mr. CROWLEY. Mr. Chairman, I rise today in firm support of the 
transportation appropriations bill for fiscal year 2002.
  I would like to commend Chairman Rogers and Mr. Sabo for crafting a 
bill that addresses the unique transportation needs in this country.
  Though this bill takes into account the demands and constraints of 
the current transportation network throughout the country, I would like 
to make special mention of certain aspects of this bill that have a 
tremendous impact on my constituents in the 7th Congressional district 
of New York.
  I want to thank Mrs. Lowey, Mr. Serrano, Mr. Hinchey, and Mr. Sweeney 
for their assistance in securing the inclusion of $250,000 for the Long 
Island City Links Project.
  The LIC Links research funded in this bill will lead to a 
comprehensive network of pedestrian, bicycle and transit connections 
between Long Island City residential and business areas and new parks, 
retail stores, and cultural institutions.
  These innovative improvements will help reduce automobile traffic and 
improve our neighborhood air quality.
  Furthermore, this project will improve the overall social and 
economic conditions in Queens County.
  I would also like to thank the Committee for the inclusion of $10 
million for the East Side Access Project.
  The East Side Access connection will involve constructing a 5,500-
foot tunnel from the LIRR Main Line in Sunnyside, Queens to the 
existing tunnel under the East River at 63rd Street.

[[Page 11932]]

  A new Passenger Station in Sunnyside Yard, Queens will also be 
constructed to provide access to the growing Long Island Business 
District.
  The elements of this bill beneficial to my constituency is not 
limited to ground transportation.
  As representative of LaGuardia Airport in Congress, the issue of 
congestion in the air and on the ground is a problem that plagues 
residents in and around the airport on a daily basis.
  I am pleased that this bill has included two million dollars for the 
procurement of air traffic control equipment at LaGuardia Airport. It 
is my hope that these funds will help alleviate the traffic problems 
that plague one of the most congested airports in the country.
  In that same vein, I would like to commend my colleagues in the New 
York and New Jersey delegation for their work with regard to airspace 
redesign and the diversion of traffic to Stewart Airport.
  The idea of burden sharing of airports in the tri-state is essential 
to the future of LaGuardia Airport.
  Given that LaGuardia is completely saturated, the report initiated by 
Mr. Hinchey to increase service at Stewart Airport will be a welcome 
relief for travelers and residents of Queens alike.
  This is a reasonable and comprehensive bill that truly addresses the 
needs of Americans in the 21st century.
  Therefore, I strongly urge my colleagues to vote in favor of this 
bill.
  Mr. GREEN of Texas. Mr. Chairman, I rise today in support of this 
bill. While there are areas that I hope we can improve via amendments 
that will be offered, it is a good bill that will continue meeting the 
transportation needs of our constituents.
  I would particularly like to praise the Committee for including 
funding for the Greater Harris County 9-1-1 Emergency Network from the 
Department of Transportation's Intelligent Transportation Systems (ITS) 
program. Harris County, which includes Houston, Texas, is pioneering 
the practical application of critical data provided by Automatic 
Collision Notification boxes that are beginning to be installed on 
late-model automobiles.
  By deploying these boxes to 9-1-1 centers and trauma hospitals in 
Harris and Fort Bend Counties, these locations will be able to receive 
up-to-date information on automobile accident victims.
  This information will enable 9-1-1 operators to direct appropriate 
levels of resources to accident locations, and will also allow doctors 
and nurses at hospitals the time and information that they need to 
prepare for incoming accident victims.
  The goal of this technology is saving lives, through better 
distribution of emergency response personnel and a higher level of 
preparedness for incoming patients by emergency room personnel.
  The transmitted data will include the speed of the vehicle at impact; 
number of times that vehicle may have rolled; the number of occupants 
in the vehicle; heat generation, which may indicate whether or not the 
vehicle is on fire; and other valuable information.
  The lessons we learn in the implementation and testing of this system 
will serve as a model for other jurisdictions across the United States 
as they develop and deploy their own lifesaving networks.
  Again, I support this bill, and I support the funding for this 
innovative program that will save lives.
  Mr. FRELINGHUYSEN. Mr. Chairman, today I rise in support of H.R. 
2299, the fiscal year 2002 Transportation Appropriations bill and I 
urge my colleagues to do the same.
  First, I want to thank Chairman Rogers and Ranking Member Sabo for 
all their hard work in crafting this bill, and for their assistance in 
addressing New Jersey's transportation priorities. A special thanks to 
Rich Efford and the Transportation Subcommittee staff for their help.
  Mr. Chairman, as we debate this important bill, thousands of my 
constituents back in New Jersey are struggling right now to battle 
traffic delays on Interstate 80, in Denville, in the heart of my 
Congressional District. The westbound lanes were closed last week after 
a fiery tractor trailer collision last week damaged the roadway beyond 
immediate repair.
  This is a major commuter route into and out of New York City, and 
commuters snarled in rush hour traffic this morning learned that 
extensive repairs to the highway may not be completed until this 
October. My constituents--these commuters stuck in traffic--know only 
too well that New Jersey's mass transportation projects deserve our 
full commitment.
  Because New Jersey is the most densely populated state in the nation, 
innovative commuter light rail projects such as the Hudson-Bergen Light 
Rail and Newark-Elizabeth Rail Link are vital to relieving traffic 
congestion in some of the most densely populated areas of our state.
  I am pleased to report that these two commuter rail projects, New 
Jersey's top transportation priorities, have received major support and 
funding, within the confines of the overall budget allocation, which 
keeps our commitment to the Balanced Budget Agreement of 1997. I also 
am pleased to note that President Bush recognized the need for these 
projects and fully funded them in his budget request in April. I thank 
the President for his leadership on these top New Jersey priorities.
  The Hudson-Bergen Light Rail system will result in a 21-mile, 30 
station corridor connecting commuters along the Palisades and Hudson 
River waterfront with vital transportation arteries in and out of New 
York City.
  The Newark-Elizabeth Rail Link will be an 8.8 mile light rail system 
connecting the Newark City Subway with revitalized downtown Newark and 
Elizabeth. It will provide an important connection between the Newark 
Broad Street rail station and Newark Penn Station, a major commuter hub 
along Amtrak's Northeast rail corridor while providing commuters who 
travel on NJ Transit's Morris/Essex and Boonton Lines with a connection 
from Newark's Broad Street Station to one of our nation's busiest 
airports, Newark International.
  Our investment in the Hudson-Bergen and Newark-Elizabeth light rail 
projects will also help our state meet environmental standards as 
outlined in the Federal Clean Air Act and keep New Jersey on the right 
track so that we can ensure tomorrow's economic prosperity and 
environmental protection.
  I am also pleased that this bill will provide a minimum of $8.5 
million specifically for the ongoing Federal Aviation Administration's 
New Jersey/New York Metropolitan Airspace Redesign. For too long, 
constituents in my district have been suffering from the daily burden 
of aircraft noise. We have been repeatedly told by the FAA that the 
only way to alleviate aircraft noise in New Jersey will be through the 
comprehensive redesign of our airspace. That is why continued, 
dedicated funding for this redesign effort is vitally important, and I 
thank the subcommittee for its continued commitment to this vital 
effort.
  Again, I want to thank Chairman Rogers and Ranking Member Sabo for 
all their hard work, and urge my colleagues to support this 
legislation.
  Mr. WELLER. Mr. Chairman, I rise today in strong support of H.R. 
2299, Making Appropriations for the Department of Transportation for 
Fiscal Year 2002. H.R. 2299 is an important bill for Illinois, 
providing much needed funding for Metra Commuter Rail Service New Start 
Projects and the Elgin, Joliet and Eastern Railroad Bridge 
reconstruction. The legislation also directs the Federal Aviation 
Administration to make a priority of processing the Environmental 
Impact Statement for the proposed South Suburban Chicago Third Airport 
and to help Lewis University Airport with much needed expansion.
  I would like to focus on the unique needs of Lewis University Airport 
today. Lewis University Airport is the busiest ``single-runway'' 
airport in Illinois with 104,000 annual aircraft landings and takeoffs. 
Located in Will County, Illinois, it serves as the only corporate 
airport in Illinois' fastest growing county. The airport is home to 295 
based aircraft and over 35 regular visiting customers. Jet fuel sales--
an indicator of corporate aircraft use--have increased from 1,469 
gallons sold in 1991 to 200,000 gallons sold in 2000. In less than a 
decade, jet sales have increased to 136 times the first year's sales.
  The existing 12,000 square yard apron has space for only 10 aircraft. 
The small size of the apron limits its use to only visiting aircraft 
arriving at the Airport's new terminal building. The apron is regularly 
over-filled with visiting corporate jets. There are no spaces available 
for based aircraft.
  To meet federal airport safety and design standards, the Airport must 
soon relocate 150 aircraft storage positions that are too close to the 
runway. The proposed terminal apron expansion will provide space for 
the relocation of these Airport residents.
  The proposed apron is part of a multi-phased development program of 
the Airport. The Runway 1-19 construction program is using innovative 
construction and land use techniques to save over $9,600,000 in federal 
airport development dollars. The project received recognition by the 
FAA with the award of one of the first projects funded under the FAA's 
Innovative Development Funding Program.
  In addition, Lewis University Airport is by far the closest and most 
convenient airport to the new ChicagoLand Motor Speedway, opening July 
2001. This NASCAR Winston Cup race is expected to bring 200 to 300 
aircraft to the Joliet/Will County area, providing a serious need to 
increase the apron capacity of the airport.

[[Page 11933]]

  Mr. Chairman, the House Transportation Appropriations Bill recognizes 
the importance of Lewis University Airport and encourages the Federal 
Aviation Administration to make its expansion a priority. This is good 
legislation for Illinois and the Nation's transportation 
infrastructure. I encourage all of my colleagues to support this bill 
and vote yes on the rule and final passage.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 2299

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2002, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $67,726,000: Provided, That notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     up to $2,500,000 in funds received in user fees: Provided 
     further, That not to exceed $60,000 shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine.

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $8,500,000.

           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $5,193,000.

              Transportation Administrative Service Center

       Necessary expenses for operating costs and capital outlays 
     of the Transportation Administrative Service Center, not to 
     exceed $125,323,000, shall be paid from appropriations made 
     available to the Department of Transportation: Provided, That 
     such services shall be provided on a competitive basis to 
     entities within the Department of Transportation: Provided 
     further, That the above limitation on operating expenses 
     shall not apply to non-DOT entities: Provided further, That 
     no funds appropriated in this Act to an agency of the 
     Department shall be transferred to the Transportation 
     Administrative Service Center without the approval of the 
     agency modal administrator: Provided further, That no 
     assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.

               Minority Business Resource Center Program

       For the cost of guaranteed loans, $500,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $400,000.

                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,000,000, to remain available until 
     September 30, 2003: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.

                        Payments to Air Carriers


                    (airport and airway trust fund)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, to be derived from the Airport 
     and Airway Trust Fund, $13,000,000, to remain available until 
     expended.

                              COAST GUARD

                           Operating Expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase of not 
     to exceed five passenger motor vehicles for replacement only; 
     payments pursuant to section 156 of Public Law 97-377, as 
     amended (42 U.S.C. 402 note), and section 229(b) of the 
     Social Security Act (42 U.S.C. 429(b)); and recreation and 
     welfare, $3,382,588,000, of which $340,000,000 shall be 
     available for defense-related activities; and of which 
     $24,945,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That none of the funds appropriated in 
     this or any other Act shall be available for pay of 
     administrative expenses in connection with shipping 
     commissioners in the United States: Provided further, That 
     none of the funds provided in this Act shall be available for 
     expenses incurred for yacht documentation under 46 U.S.C. 
     12109, except to the extent fees are collected from yacht 
     owners and credited to this appropriation.

                   Amendments Offered by Mr. LoBiondo

  Mr. LoBIONDO. Mr. Chairman, I offer en bloc amendments.
  The Clerk read as follows:

       Amendments offered by Mr. LoBiondo:
       Page 4, line 25, after the dollar amount insert 
     ``(increased by $250,000,000)''.
       Page 5, line 16, after the first dollar amount insert 
     ``(increased by $59,323,000)''.
       Page 5, line 18, after the dollar amount insert ``(reduced 
     by $16,000,000)''.
       Page 5, line 20, after the dollar amount insert 
     ``(increased by $1,500,000)''.
       Page 5, line 23 after the dollar amount insert ``(increased 
     by $16,198,000)''.
       Page 5, line 25, after the dollar amount insert 
     ``(increased by $19,056,000)''.
       Page 6, line 2, after the dollar amount insert ``(increased 
     by $569,000)''.
       Page 6, line 5, after the dollar amount insert ``(increased 
     by $38,000,000)''.

  Mr. LoBIONDO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendments en bloc be considered as read and printed 
in the RECORD.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order 
against the amendment.
  Mr. LoBIONDO. Mr. Chairman, my amendment provides increased funds for 
Coast Guard operations and acquisitions in accordance with the levels 
allocated in the fiscal year 2002 budget resolutions passed by the 
House and the Senate.
  Earlier this year our committee worked with the Committee on the 
Budget to ensure that the function 400 allocation in the fiscal year 
2002 budget resolution not only accommodated the TEA-21 and the AIR-21 
funding guarantees, but also provided approximately $5.3 billion for 
the Coast Guard's appropriated programs. This represents an increase of 
$250 million over the President's budget. Unfortunately, the 302(b) 
allocations approved by the Committee on Appropriations failed to 
include funds that would address critical Coast Guard needs.
  H.R. 1699, the Coast Guard Authorization Act of 2001, passed the 
House on June 7 by a vote of 411-3. H.R. 1699 conformed to the Coast 
Guard funding levels in the budget resolution.
  The amounts authorized by H.R. 1699 would allow the Coast Guard to 
correct immediate budget shortfalls. Many of the Coast Guard's most 
urgent needs are similar to those experienced by the Department of 
Defense, including spare parts shortages and personnel training 
deficits. The funding increase contained in the budget resolution and 
H.R. 1699 addresses those needs, and also increases the amounts 
available for Coast Guard drug interdiction.
  H.R. 1699 also provides for $338 million for the Coast Guard's vital 
Deepwater asset modernization program. I strongly believe that the 
Integrated Deepwater system is the most economical and effective way 
for the Coast Guard to provide future generations of Americans with 
lifesaving services.
  Mr. Chairman, I want to take this opportunity to commend the men and 
women of the Coast Guard for their exceptional services that they 
provide to our Nation. All Americans benefit from a strong Coast Guard 
that is equipped to stop drug smugglers, support the country's defense 
and respond to national emergencies.
  During the fiscal year 2000 and 2001, the Coast Guard has been forced 
to reduce, let me repeat that, they have been forced to reduce illegal 
drug interdiction and other law enforcement operations by up to 30 
percent. Yes,

[[Page 11934]]

that is up to 30 percent, due to insufficient funds. Without additional 
operational funding for the fiscal year 2002, the Coast Guard will be 
forced to cut drug interdiction by 20 percent, including eliminating 5 
cutters, 19 aircraft and 520 positions.
  Mr. Chairman, without the funding increase provided in my amendment, 
the Coast Guard's operating budget during the next fiscal year will 
again be inadequate to respond to critical missions. The law 
enforcement emergency concerning migrant interdiction or a surge in 
drug smuggling would severely degrade other Coast Guard law enforcement 
activities. None of us want drug smugglers to be given open access to 
the United States, but that is exactly what could happen if we are not 
careful with these funding levels.
  Should my amendment not be accepted today, I would urge the House and 
the Senate conferees on H.R. 2299 to fund the Coast Guard at a level 
consistent with the budget resolution and the Coast Guard Authorization 
Act of 2001. I would respectfully request that the gentleman from 
Kentucky (Mr. Rogers), the gentleman from Florida (Mr. Young) and the 
gentleman from Alaska (Mr. Young) work toward that end.
  I understand the Senate Appropriation Committee's Transportation 
302(b) allocation is about $690 million above the House allocation. I 
strongly believe that the U.S. Coast Guard is the best place to 
allocate a portion of this funding.
  Mr. Chairman, I urge the House to support my amendment and allow the 
Coast Guard to be funded at the levels necessary to respond to the 
operational emergencies.


                             Point of Order

  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
his point of order?
  Mr. ROGERS of Kentucky. I do, Mr. Chairman.
  The CHAIRMAN. The gentleman will state his recognized point of order.
  Mr. ROGERS of Kentucky. Mr. Chairman, sure we would have liked to 
have found more money for the Coast Guard, but as it is, we are 6 
percent above current spending levels. We are 99 percent of the Coast 
Guard's request.
  The supplemental that just passed the House and is headed towards the 
Senate would include another $92 million, and that is available 
throughout fiscal year 2002. This amendment would throw the bill way 
above the budget allocations provided to us pursuant to the budget 
resolution. It simply is beyond our capability.
  I appreciate what the gentleman from New Jersey (Mr. LoBiondo) is 
trying to do. The gentleman is a great chairman. He is a great 
spokesman on behalf of the Coast Guard and the other matters that he 
represents, but this amendment is simply unaffordable. It violates the 
Budget Act, and we have very little choice.
  For that reason, I do make a point of order against the amendment, 
because it is in violation of section 302(f) of the Congressional 
Budget Act of 1974. The Committee on Appropriations filed a 
suballocation of budget totals for fiscal year 2002 on June 13, 2001. 
This amendment would provide new budget authority in excess of the 
subcommittee suballocation made under section 302(b), and it is not 
permitted under section 302(f) of the act.
  Mr. Chairman, I ask for a ruling.
  The CHAIRMAN. Does the gentleman from New Jersey wish to be heard on 
the point of order?
  Mr. LoBIONDO. No, Mr. Chairman.
  The CHAIRMAN. Does any Member wish to be heard on the point of order?
  Mr. DELAHUNT. I do, Mr. Chairman.
  Mr. Chairman, I have great respect for the gentleman from Kentucky 
(Mr. Rogers), but the reality is, is that we all claim we want the 
Coast Guard to stop the flow of illegal drugs into this country, and to 
save our depleted fisheries, and to protect the coastal environment 
from oil spills, to intercept illegal immigrants, to secure 
international ports from terrorists, to conduct ice-breaking operations 
so critical supplies of home heating oil can reach our constituents, 
and to maintain aids to navigation for commercial and recreational 
boaters, and, of course, to save lives.
  If we want those things, we have to ante up. I understand the 
difficulties as articulated by the gentleman from Kentucky (Mr. 
Rogers), but we have to find a way.
  The facts are with inexcusably inadequate resources, the Coast Guard 
does a heroic job of balancing their multiple responsibilities with 
heroic professionalism. At the same time budget constraints have been 
so severe and so chronic that the Coast Guard can barely keep its fleet 
in the water and its airplanes in the air.
  The authorization bill recently passed and championed by the 
gentleman from New Jersey (Mr. LoBiondo) responded to those challenges 
by boosting the Coast Guard's operating budget for the next year by 250 
million, and thus far in the appropriations process, that promise 
stands unfulfilled.
  We have to do better. We have to find a way, otherwise we face the 
predictable consequences of a crippled Coast Guard, lost property, lost 
commerce and, of course, lost lives, both the lives of the men and 
women in the Coast Guard who serve us every day, as well as those who 
use the seas either for enjoyment or to secure a livelihood.

                              {time}  1545

  Let me just finally remind my colleagues that just recently came 
reports that the Coast Guard recalled port security forces that were 
sent overseas to protect U.S. naval units after the destroyer Cole was 
attacked. Why? Because it can no longer foot the bill. That, Mr. 
Chairman, is simply disgraceful, and it is unacceptable.
  The CHAIRMAN. Is there anyone else who wishes to be heard on the 
point of order?
  The Chair is prepared to rule on the point of order.
  The Chair is authoritatively guided under section 312 of the Budget 
Act by an estimate of the Committee on the Budget that an amendment 
providing any net increase in new discretionary budget authority would 
cause a breach of the pertinent allocation of such authority.
  The amendment offered by the gentleman from New Jersey would increase 
the level of new discretionary budget authority in the bill. As such, 
the amendment violates section 302(f) of the Budget Act.
  The point of order is sustained. The amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

              Acquisition, Construction, and Improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $600,000,000, of which $19,956,000 shall be 
     derived from the Oil Spill Liability Trust Fund; of which 
     $90,990,000 shall be available to acquire, repair, renovate 
     or improve vessels, small boats and related equipment, to 
     remain available until September 30, 2006; $26,000,000 shall 
     be available to acquire new aircraft and increase aviation 
     capability, to remain available until September 30, 2004; 
     $74,173,000 shall be available for other equipment, to remain 
     available until September 30, 2004; $44,206,000 shall be 
     available for shore facilities and aids to navigation 
     facilities, to remain available until September 30, 2004; 
     $64,631,000 shall be available for personnel compensation and 
     benefits and related costs, to remain available until 
     September 30, 2003; and $300,000,000 for the integrated 
     deepwater systems program, to remain available until 
     September 30, 2004: Provided, That the Commandant of the 
     Coast Guard is authorized to dispose of surplus real 
     property, by sale or lease, and the proceeds shall be 
     credited to this appropriation as offsetting collections and 
     made available only for the national distress and response 
     system modernization program, to remain available for 
     obligation until September 30, 2004: Provided further, That 
     upon initial submission to the Congress of the fiscal year 
     2003 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the United States Coast Guard which 
     includes funding for each budget line item for fiscal years 
     2003 through 2007, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget: Provided further, That none of the funds provided 
     under this heading may be obligated or expended for the 
     Integrated Deepwater Systems (IDS) system integration 
     contract until the Secretary of Transportation, or his 
     designee within the Office of

[[Page 11935]]

     the Secretary, and the Director, Office of Management and 
     Budget jointly certify to the House and Senate Committees on 
     Appropriations that IDS program funding for fiscal years 2003 
     through 2007 is fully funded in the Coast Guard Capital 
     Investment Plan and within the Office of Management and 
     Budget's budgetary projections for the Coast Guard for those 
     years.

                Environmental Compliance and Restoration

       For necessary expenses to carry out the Coast Guard's 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code, $16,927,000, to 
     remain available until expended.

  Ms. BROWN of Florida. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise to support the amendment offered by the 
gentleman from New Jersey (Mr. LoBiondo), chairman of the Subcommittee 
on Coast Guard and Maritime Transportation.
  Our U.S. Coast Guard performs to the same high standards and faces 
many of the same dangers as our Armed Forces, but does not get funded 
in the larger Department of Defense budget. Each year they compete for 
funding with major agencies in the transportation budget, and for the 
last several years has been forced to either decrease operations or 
transfer money from maintenance to operations.
  Just 2 weeks ago we passed a Coast Guard authorization by 411 to 3 
that added $300 million more than this bill provides. Without this 
additional funding, the Coast Guard will be forced to reduce operations 
by 20 percent including deactivating two medium cutters, two TAGOS 
ships, and 13 Falcon jets. This is not how we should be treating the 
men and women who risk their lives stopping drug smugglers and illegal 
immigrants, protecting our ports, and performing search-and-rescue 
missions.
  I urge our colleagues to vote yes on this amendment and support a 
budget for the United States Coast Guard that meets our Nation's 
priorities.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, $15,466,000, to remain available until 
     expended.

                              Retired Pay

       For retired pay, including the payment of obligations 
     therefor otherwise chargeable to lapsed appropriations for 
     this purpose, and payments under the Retired Serviceman's 
     Family Protection and Survivor Benefits Plans, and for 
     payments for medical care of retired personnel and their 
     dependents under the Dependents Medical Care Act (10 U.S.C. 
     ch. 55), $876,346,000.

                            Reserve Training


                     (including transfer of funds)

       For all necessary expenses of the Coast Guard Reserve, as 
     authorized by law; maintenance and operation of facilities; 
     and supplies, equipment, and services, $83,194,000: Provided, 
     That no more than $25,800,000 of funds made available under 
     this heading may be transferred to Coast Guard ``Operating 
     expenses'' or otherwise made available to reimburse the Coast 
     Guard for financial support of the Coast Guard Reserve: 
     Provided further, That none of the funds in this Act may be 
     used by the Coast Guard to assess direct charges on the Coast 
     Guard Reserves for items or activities which were not so 
     charged during fiscal year 1997.

              Research, Development, Test, and Evaluation

       For necessary expenses, not otherwise provided for, for 
     applied scientific research, development, test, and 
     evaluation; maintenance, rehabilitation, lease and operation 
     of facilities and equipment, as authorized by law, 
     $21,722,000, to remain available until expended, of which 
     $3,492,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That there may be credited to and used 
     for the purposes of this appropriation funds received from 
     State and local governments, other public authorities, 
     private sources, and foreign countries, for expenses incurred 
     for research, development, testing, and evaluation.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 104-264, $6,870,000,000, of which 
     $5,773,519,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $5,494,883,000 shall be 
     available for air traffic services program activities; not to 
     exceed $727,870,000 shall be available for aviation 
     regulation and certification program activities; not to 
     exceed $135,949,000 shall be available for civil aviation 
     security program activities; not to exceed $195,258,000 shall 
     be available for research and acquisition program activities; 
     not to exceed $12,254,000 shall be available for commercial 
     space transportation program activities; not to exceed 
     $50,480,000 shall be available for financial services program 
     activities; not to exceed $67,635,000 shall be available for 
     human resources program activities; not to exceed $84,613,000 
     shall be available for regional coordination program 
     activities; and not to exceed $108,776,000 shall be available 
     for staff offices: Provided, That none of the funds in this 
     Act shall be available for the Federal Aviation 
     Administration to plan, finalize, or implement any regulation 
     that would promulgate new aviation user fees not specifically 
     authorized by law after the date of the enactment of this 
     Act: Provided further, That there may be credited to this 
     appropriation funds received from States, counties, 
     municipalities, foreign authorities, other public 
     authorities, and private sources, for expenses incurred in 
     the provision of agency services, including receipts for the 
     maintenance and operation of air navigation facilities, and 
     for issuance, renewal or modification of certificates, 
     including airman, aircraft, and repair station certificates, 
     or for tests related thereto, or for processing major repair 
     or alteration forms: Provided further, That of the funds 
     appropriated under this heading, not less than $6,000,000 
     shall be for the contract tower cost-sharing program: 
     Provided further, That funds may be used to enter into a 
     grant agreement with a nonprofit standard-setting 
     organization to assist in the development of aviation safety 
     standards: Provided further, That none of the funds in this 
     Act shall be available for new applicants for the second 
     career training program: Provided further, That none of the 
     funds in this Act shall be available for paying premium pay 
     under 5 U.S.C. 5546(a) to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay: Provided further, 
     That none of the funds in this Act may be obligated or 
     expended to operate a manned auxiliary flight service station 
     in the contiguous United States: Provided further, That none 
     of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Transportation Administrative 
     Service Center.

                        Facilities and Equipment


                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, and improvement by contract or 
     purchase, and hire of air navigation and experimental 
     facilities and equipment as authorized under part A of 
     subtitle VII of title 49, United States Code, including 
     initial acquisition of necessary sites by lease or grant; 
     engineering and service testing, including construction of 
     test facilities and acquisition of necessary sites by lease 
     or grant; construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this heading; to be derived from the Airport and Airway Trust 
     Fund, $2,914,000,000, of which not to exceed $2,536,900,000 
     shall remain available until September 30, 2004, and of which 
     not to exceed $377,100,000 shall remain available until 
     September 30, 2002: Provided, That there may be credited to 
     this appropriation funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, for expenses incurred in the establishment and 
     modernization of air navigation facilities: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2003 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the Federal Aviation Administration which 
     includes funding for each budget line item for fiscal years 
     2003 through 2007, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget.

                 Research, Engineering, and Development


                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $191,481,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2004: 
     Provided, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, other 
     public authorities, and private sources, for expenses 
     incurred for research, engineering, and development.

[[Page 11936]]



                       Grants-in-Aid for Airports


                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for administration of such programs and of 
     programs under section 40117; for procurement, installation, 
     and commissioning of runway incursion prevention devices and 
     systems at airports of such title; for implementation of 
     section 203 of Public Law 106-181; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $1,800,000,000, to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,300,000,000 in fiscal year 2002, 
     notwithstanding section 47117(h) of title 49, United States 
     Code: Provided further, That of the funds limited under this 
     heading for small airports due to returned entitlements, 
     $10,000,000 shall be utilized only for the small community 
     air service development pilot program authorized in section 
     203 of Public Law 106-181: Provided further, That 
     notwithstanding any other provision of law, not more than 
     $56,300,000 of funds limited under this heading shall be 
     obligated for administration.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
the language found at page 13, beginning on line 24 which begins ``for 
administration of such programs'' and continuing to line 25 and ending 
with the words ``section 40117.''
  The language would fund the cost of administering the Airport 
Improvement Program from contract authority that, under chapter 471 and 
section 48103 of Title 49 U.S.C., is authorized only for grants, not 
administrative expenses. This is an unauthorized earmark of funds.
  This language clearly constitutes legislation on an appropriations 
bill in violation of clause 2 of rule XXI of the Rules of the House of 
Representatives.
  Mr. Chairman, I also make a point of order against the language found 
on page 14, beginning on line 12 with the word ``Provided'' and 
continuing to end the end of line 20.
  The language on lines 12 through 17 before the words ``Provided 
further'' would fund the cost of the Small Community Air Service 
Development Pilot Program from contract authority that is authorized 
only for AIP grants under chapter 471 and section 48103 of Title 49 
U.S.C. Although I support this program, I must object to funding it 
with AIP grants as this would constitute an unauthorized earmark of 
funds.
  This language clearly constitutes legislation on an appropriations 
bill in violation of clause 2 of rule XXI of the Rules of the House of 
Representatives.
  Mr. Chairman, the language found at page 14, beginning on line 17 
with the words ``That notwithstanding'' and continuing through the end 
of line 20 would fund the cost of administering the Airport Improvement 
Program from contract authority under chapter 471 and section 48103 of 
Title 49 U.S.C., that is authorized only for grants, not administrative 
expenses. This supersedes existing law and clearly constitutes 
legislation on an appropriations bill in violation of clause 2 of rule 
XXI of the Rules of the House of Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky (Mr. Rogers) wish to 
be heard on the point of order?
  Mr. ROGERS of Kentucky. Yes, I do.
  The CHAIRMAN. The gentleman from Kentucky (Mr. Rogers) is recognized.
  Mr. ROGERS of Kentucky. Mr. Chairman, I will concede the point of 
order in just a minute, but it is unfortunate that the point of order 
is made. It would defer the beginning of an important and authorized 
program. These funds would help promote development of smaller airports 
and promote competition where there is none.
  As I indicated, the program is authorized, just not from this 
particular funding source. But we believe it is appropriate to use 
funds otherwise available to small airports for this new program, which 
only benefits small airports.
  But, Mr. Chairman, I concede, technically, the point.
  The CHAIRMAN. The gentleman from Kentucky (Mr. Rogers) concedes the 
point of order. The point of order is conceded and sustained. The 
provisions are stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

                       Grants-in-Aid for Airports


                    (airport and airway trust fund)

                 (rescission of contract authorization)

       Of the unobligated balances authorized under 49 U.S.C. 
     48103, as amended, $301,000,000 are rescinded.


                Amendment No. 2 Offered by Mr. De Fazio

  Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. DeFazio:
       Page 2, line 8, after ``$67,726,000'' insert ``(increased 
     by $720,000)''.
       Page 9, line 14, after ``$6,870,000,000'' insert ``(reduced 
     by $720,000)''.

  Mr. DeFAZIO. Mr. Chairman, this amendment, which is coauthored by the 
gentleman from Connecticut (Mr. Shays) and myself, would enable 
American consumers to have a centralized place to go to file complaints 
on a toll-free number with the Department of Transportation.
  An office already exists, but in lengthy hearings last year over the 
delays at the Detroit airport involving Northwest Airlines, one 
aggrieved consumer stood up and said, you know, I spent over $100 on 
toll bills before I found out there was anybody at the Department of 
Transportation in a subcategory of the General Counsel's Office who 
would listen to my complaint.
  This office generally has labored in obscurity merely to compile 
statistics with a phone recording, people leave their complaints, and 
sometimes to advocate on the behalf of those with disabilities.
  This amendment would increase the rescission of funds on line 25 by 
$720,000, and it would allocate those funds in the Secretary's office 
to the Office of General Counsel, to the people who handle it in the 
Aviation Consumer Protection Division. It would be funds that could 
establish a 1-800 number and would also provide for some funding for 
staff for that number.
  I have consulted with the former general counsel a number of times 
over this over the years and have contacted the Department. They feel 
that, although this is a relatively modest amount of money, that given 
the existing number of complaints and the complaints they feel would 
warrant further action by the Department of Transportation and by that 
office, they believe it would be adequate funds to begin to better 
serve aviation consumers.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. DeFAZIO. Yes, I yield to the gentleman from Kentucky (Mr. 
Rogers).
  Mr. ROGERS of Kentucky. Mr. Chairman, do I understand the gentleman's 
amendment is intended to provide funds which the Secretary of the 
Department of Transportation would be able to use to establish a 
hotline for consumers to complain of airline delays, cancellations, 
problems and so forth associated with air travel?
  Mr. DeFAZIO. Yes, Mr. Chairman, the gentleman from Kentucky, the able 
chairman, is absolutely correct.
  Mr. ROGERS of Kentucky. Mr. Chairman, in that instance, I have no 
objection to the amendment.
  Mr. DeFAZIO. I thank the gentleman.
  Mr. SABO. Mr. Chairman, will the gentleman yield?
  Mr. DeFAZIO. I am happy to yield to the gentleman from Minnesota (Mr. 
Sabo).
  Mr. SABO. Mr. Chairman, do I understand also that the gentleman from 
Oregon has offset the cost of his amendment with a rescission that 
equals the cost of his amendment?
  Mr. DeFAZIO. Yes, Mr. Chairman, the gentleman is correct.
  Mr. SABO. Mr. Chairman, I think the gentleman has a good amendment.
  Mr. DeFAZIO. Mr. Chairman, I thank the gentleman.

[[Page 11937]]

  Mr. Chairman, I just want to clarify. I am sorry, I had a different 
number on mine. I want to make sure we all agreed on the same 
amendment. With that, I thank the chairman, and I thank the ranking 
member.
  The CHAIRMAN. The Chair would note the wrong amendment was 
designated.
  The Clerk will report the correct amendment.
  The Clerk read as follows:

       Amendment offered by Mr. DeFazio:
       Page 14, strike lines 24 and 25 and insert the following:
       Of the unobligated balances authorized under 49 U.S.C. 
     48103, as amended, $301,720,000 are rescinded.
       The amount otherwise provided in this Act for ``OFFICE OF 
     THE SECRETARY--Salaries and Expenses'' is hereby increased by 
     $720,000.

  Mr. DeFAZIO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The amendment was agreed to.


                Amendment Offered by Mr. Young of Alaska

  Mr. YOUNG of Alaska. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Young of Alaska:
       Page 14, after line 25, insert the following:

         Small Community Air Service Development Pilot Program

       For necessary expenses to carry our section 41743 of title 
     49, United States Code, $10,000,000, to remain available 
     until expended.

  Mr. YOUNG of Alaska (during the reading). Mr. Chairman, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Alaska?
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The point of order is reserved.
  Mr. YOUNG of Alaska. Mr. Chairman, my amendment restores funding for 
the Small Community Air Service Development Pilot Program that was 
stricken by my point of order.
  This program will help small communities that do not have adequate, 
affordable commercial air service attract new service. Without reliable 
air service, small communities cannot sustain its economic growth.
  The Small Community Air Service Development Pilot program authorized 
by section 203 of the Aviation Investment Reform Act for the 21st 
Century, AIR-21, will assist underserved airports obtain jet air 
service. It will also allow communities to market that service to 
increase passenger service.
  The money provided by this program could also assist a small or 
midsized community by making money available to subsidize air carriers' 
operations for up to 3 years if the Secretary of Transportation 
determines that the community is not receiving sufficient air carrier 
service.
  Mr. Chairman, this program is important to many small communities 
through our Nation, and I urge the adoption of the amendment.
  Mr. Chairman, I also suggest, although I struck the money, I do 
support the program. This is an attempt to put the money back in 
without having tapped the sources that it originated.
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Alaska. Yes, I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I supported this program as a pilot 
program in AIR-21 last year. In fact, Chairman Shuster and I worked 
together to fashion the language. I have long supported service to 
small communities and to initiatives of this kind.
  We all know that deregulation has saved billions of dollars for air 
travelers, but we also know that, in the process, deregulation has cost 
communities air service.
  What we have now is a phenomenon of the community in my district and 
elsewhere around the country where people are traveling by car as much 
as 100 miles to get adequate air service.
  With the kind of initiative that we anticipated in this provision, 
this pilot program, we can both prevent communities from becoming 
essentially air service towns, where the Federal Government is coming 
in to support air service with direct dollar payments, and help them to 
advertise, undertake initiatives locally to encourage air travel from 
lesser-served communities and boost their air service. Such initiatives 
have worked in communities in my district to more than double air 
travel in those towns, saving their air service.
  I think that this pilot program in the manner in which the chairman 
has proposed to fund it ought to be approved and will help increase 
demand in such markets to create adequate service without direct 
Federal assistance.
  Mr. YOUNG of Alaska. Mr. Chairman, I thank the gentleman from 
Minnesota for his comments. I hope to work with the ranking member and 
of course the gentleman from Kentucky (Mr. Rogers), the chairman of the 
subcommittee, to see if we cannot get these monies somehow into this 
program. It is a good program.
  Again, though, I think it should be coming from the general fund and 
not necessarily from the funds that were set aside for the improvements 
of these airports.


                             Point of Order

  The CHAIRMAN. Does the gentleman from Kentucky have a point of order?
  Mr. ROGERS of Kentucky. Yes.
  The CHAIRMAN. The gentleman from Kentucky (Mr. Rogers) is recognized 
on his point of order.
  Mr. ROGERS of Kentucky. Mr. Chairman, we are in an unfortunate 
situation here. We had monies in the bill, as has been noted, for the 
small airports, which was stricken on a point of order. Now the 
amendment would seek to add monies back in, but we have no monies to 
add back in. The budget authority that we were given does not permit 
it.
  No one is a bigger advocate for smaller airports than I am because 
that is all I have in my district.

                              {time}  1600

  But I am forced to make a point of order against the amendment 
because it is in violation of 302(f) of the Congressional Budget Act of 
1974. The Committee on Appropriations fields a suballocation of budget 
totals for fiscal year 2002 on June 13, 2001. This amendment would 
provide new budget authority in excess of the subcommittee's 
suballocation made under section 302(b) and is not permitted under 
section 302(f) of the Act. I ask for a ruling from the Chair.
  The CHAIRMAN. Does the gentleman from Alaska (Mr. Young) wish to be 
heard on the point of order?
  Mr. YOUNG of Alaska. I do. Mr. Chairman, I agree with the gentleman 
that one of the most unfortunate things that occurred to the 
Subcommittee on Transportation is the fact they do not have the money. 
I do think the budgeteers did a bad thing. Four percent is not enough. 
I said this all along. So I will continue to try to seek funding of 
this program as we progress with this bill and other bills to see if we 
cannot accomplish what we are all seeking.
  I have more small airports than any place in the United States and 
most of my people do not have highways, so I am very supportive of this 
program, but we also have to make sure it is funded adequately and 
appropriately and I concede the point of order at this time.
  The CHAIRMAN. The gentleman from Alaska concedes the point of order. 
The point of order is conceded and sustained. The provision is stricken 
from the bill.
  Mr. GREEN of Texas. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I will not take all of the 5 minutes, but I wanted to 
bring a point of concern to the attention of my colleagues now that we 
have both the Chair of our appropriations subcommittee and the Chair of 
our substantive committee.

[[Page 11938]]

  Every day, in some of the busiest airports in America, hundreds of 
aircraft, charter planes, private jets, commercial flights, and even 
helicopters ferrying oil platform workers, disappear from the radar 
screens of our air traffic controllers. These flights are not victims 
of any air disaster, but rather the fact that, for a wide area of 
airspace over the Gulf of Mexico, we have no effective radar coverage.
  In this area, the air traffic controllers at Houston; Miami; and at 
Merida, Mexico; who share responsibilities for coverage in the Gulf, 
can neither see these flights nor communicate directly with the pilots 
who are flying them. For 3 years, the Federal Aviation Administration, 
the FAA, has worked with airline representatives, pilots, controllers, 
and other Federal entities, like the Department of Defense, to complete 
a Gulf of Mexico strategic plan. This plan sets out a detailed 
recommendation on how to resolve the Gulf of Mexico airspace issues.
  I urge the FAA Administrator Jane Garvey to act quickly and approve 
the solutions laid out by this working group. These solutions are 
inexpensive and easy to implement and would have a very real impact on 
the traffic jam in our skies in the Gulf of Mexico.
  It will increase safety in our skies and access to Houston's Bush 
Intercontinental Airport, an important travel hub, especially for the 
growing markets in Central and South America.
  Where previously controllers have had to employ oceanic nonradar 
separation standards, this enhanced coverage will allow better 
utilization of empty airspace and more effective management of air 
traffic. This would reduce delays and save airlines and passengers time 
and money. I would hope the FAA would move forward with this much-
needed project.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                     FEDERAL HIGHWAY ADMINISTRATION


                 limitation on administrative expenses

       Necessary expenses for administration and operation of the 
     Federal Highway Administration not to exceed $311,837,000 
     shall be paid in accordance with law from appropriations made 
     available by this Act to the Federal Highway Administration 
     together with advances and reimbursements received by the 
     Federal Highway Administration: Provided, That of the funds 
     available under section 104(a)(1)(A) of title 23, United 
     States Code, $9,911,000 shall be available for Federal Motor 
     Carrier Safety Administration (FMCSA) motor carrier safety 
     enforcement at the United States/Mexico border, and 
     $4,000,000 shall be available for FMCSA U.S./Mexico border 
     safety audits.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
the language found at page 15, beginning on line 9 and continuing to 
line 14 which begins ``That of the funds available under section 
104(a)(1)(A) of title 23, United States Code'' and ending on line 14 
with the words ``border safety audits.''
  The language is unauthorized earmark of $13.911 million of Federal 
Highway Administration administrative funds for Federal Motor Carrier 
Safety Administration in violation of clause 2 rule XXI of the rules of 
the House of Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS. No, Mr. Chairman.
  The CHAIRMAN. Does the gentleman concede the point of order?
  Mr. ROGERS. We would concede the point of order.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provision is 
stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

                 Limitation on Transportation Research

       Necessary expenses for transportation research of the 
     Federal Highway Administration, not to exceed $447,500,000 
     shall be paid in accordance with law from appropriations made 
     available by this Act to the Federal Highway Administration: 
     Provided, That this limitation shall not apply to any 
     authority received under section 110 of title 23, U.S. Code; 
     Provided further, That this limitation shall not apply to any 
     authority previously made available for obligation.


          Amendment No. 4 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  Mr. ROGERS. Mr. Chairman, on this amendment I reserve a point of 
order.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Ms. Jackson-Lee of Texas:
       Page 15, line 24, before the period insert the following: 
     ``: Provided further, That the Secretary shall make available 
     $5,000,000 of the amount made available in this paragraph for 
     the operation of the control center that monitors traffic in 
     Houston, Texas, known as `Houston TransStar' ''.

  The CHAIRMAN. The point of order is reserved on the amendment.
  The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee) for 
5 minutes.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I hope that my colleagues 
will see the necessity and importance of waiving the point of order.
  This amendment in particular deals with current events that are 
happening in Houston, Texas. It is an amendment to earmark $5 million 
in FHWA traffic research funding for the operation of Houston TranStar, 
a high-tech transportation traffic control and monitoring center 
operated by local Houston authorities and the State of Texas. The 
amendment is intended to enhance the ability of the facility to deal 
with disaster relief efforts being conducted in the wake of flooding 
caused by Tropical Storm Allison.
  Let me say, Mr. Chairman, that it is unusual for a focus to be placed 
on a high-tech center that deals with transportation in the context of 
a tropical storm or a disaster. The impact of not funding the expansion 
of the transportation emergency center, also known as Houston TranStar, 
would be undermining Houston's transportation system. Mr. Chairman, we 
cannot afford to eliminate additional multimodal transportation 
management functions requested by the residents of Houston and to limit 
the transportation emergency management functions to those now existing 
at the center in inadequate space.
  This is not an old unit, the Houston TranStar center, but it has 
proven itself to be old in wiseness and usefulness. It was very 
effective in moderating the congestion in Houston, all over the 
community, but more importantly, in these last couple of weeks, Houston 
TranStar, that center, became the anchor, the heart of the strategy to 
help us recover from Tropical Storm Allison. The governor met there, 
the FEMA director met there, the mayor met there, the judge of Harris 
County met there, Members of Congress, all support staff, fire 
department, police department, the health department, all of those 
individuals were able to gather and design a strategy to help us begin 
to pull ourselves up.
  The establishment and implementation of a temporary command post was 
a real element of TranStar's viability. It directed people where not to 
go because of the flooding in different highways and freeways. The 
initial action to get pumping gear at the Texas Medical Center, 
Southwestern Bell's main switching station, and the Civic Center garage 
all were part of Houston TranStar.
  The coordination of shelter identification, operation of the 
Salvation Army and the American Red Cross occurred there. The 
coordination of rescue efforts in unincorporated portions of Harris 
County, with the Harris County Sheriff's liaison and the Harris County 
Fire Marshall's liaison. The relocation operation of the 911 system in 
unincorporated portions of Harris County, and the direction, operation 
and control functions of the Harris County government were pretty much 
housed at Houston TranStar. The transfer and operation of the Harris 
County Sheriff's department and the coordination of the Harris County 
air search and recovery unit.
  Two times I lifted off in a helicopter, one a Black Hawk, to be able 
to survey the area; and it was from the Houston TranStar. Houston 
TranStar represents a major element of transportation in Houston and 
the surrounding areas. This is a request for $5 million for a

[[Page 11939]]

center that has proven not only to assist Houston but also the major 
surrounding counties as well.
  These monies come from the pool of monies that are available for this 
particular usage, and I would ask that my colleagues consider waiving 
the point of order for this funding source that is basically very 
necessary to continue the work that we are already doing in expanding 
and expediting the recovery that is going on now in Houston, Texas.
  Mr. Chairman, I rise to offer an amendment that would provide $5 
million in funding for the Houston TranStar program, which has been so 
instrumental in the response to Tropical Storm Allison.
  The impact of not funding the expansion of the transportation and 
emergency center--also known as Houston TranStar--would be destructive 
to Houston's transportation system. Mr. Chairman we cannot afford to 
eliminate additional multi-modal transportation management functions 
requested by the residents of Houston and to limit the transportation 
and emergency management functions to those now existing at the center 
in inadequate space.
  As we all know, Tropical Storm Allison has already been dropped an 
unprecedented record amount of rainfall in Houston causing homes and 
businesses near bayous, freeways and even the world renowned Texas 
Medical Center to flood. Citizens from all walks of life: rich, poor, 
African-American, White, Hispanic, Asian, Baptist, Catholic, Muslim, 
and especially the vulnerable were all impacted by the Tropical Storm 
Allison.
  Houston TranStar was one of success stories in helping the relief 
effort to recover from Tropical Storm Allison. Houston TranStar began 
operating in 1996 as the only such center of its kind in the nation. It 
has functioned quietly in the background for many years providing safe 
and efficient transportation management around the clock in the Houston 
community. However, during the recent tragedy inflicted by the recent 
flood, Houston TranStar, the Transportation and Emergency Management 
center for the greater Houston region, played a major role in 
identifying heavy flooded areas, marshelling resources, communicating 
with the citizens and assisting other local, state and national 
agencies addressing the devastation that was Tropical Storm Allison.
  Much of the success Houston TranStar has and is enjoying can be 
attributed to in large part to its unique partnership compromised of 
the City of Houston, Harris County, the State of Texas and METRO. 
Together, these agencies have combined their agencies and expertise to 
provide a greater level of immediate services to the residents in 
entire Houston area.
  The fact that Houston TranStar is a valuable resource has never been 
more evident to me than in the past few weeks. To see this unique 
center in action is truly a pleasure. It makes you feel positive that 
people can and are trying to make a difference in people's lives in a 
tangible way. For instance, during Tropical Storm Allison and all other 
weather-related events, Houston TranStar serves as a one-stop shop for 
all agencies charged with addressing the demands of the region while 
ensuring a minimal loss of life and or harm to property.
  Some of the recent efforts to aid and assist Houston have included 
the establishment and implementation of temporary command posts by the 
Houston Fire Department to direct rescue efforts and dispatch 
evacuation and rescue boats that moved more than 10,000 people, the 
initiation action to get pumping gear to the Texas Medical, 
Southwestern's Main Switching Station and the Civic Center Garage, and 
the coordination of shelter identification and operations with 
Salvation Army and the American Red Cross.
  In addition, Houston TranStar assisted with the coordination of 
rescue efforts in unincorporated portions of Harris County with the 
Harris County Sheriff's Liaison and the Harris County Fire Marshall's 
Liaison, the direction and control functions of Harris County 
Government were housed at Houston TranStar, the logistical support of 
representatives from FEMA, the Army Corp of Engineers and all agency 
partner personnel working extended hours, among other valued efforts.
  Despite the valiant efforts by TranStar, Tropical Storm Allison cost 
the Houston community 23 lives and damage to the residential and 
commercial structures has been assessed at more than $4.8 billion. The 
mere fact that Houston TranStar was able to communicate with its 
citizens, marshal local, state, and national resources and minimize the 
impact on the region, is a true testament to how effective this unique 
partnership is for the greater Houston region.
  Let us find a way to include the $5 million funding allocation in the 
bill to maintain these essential funds for the entire Houston. Mr. 
Chairman, we cannot squander this opportunity to preserve the TranStar 
program. I urge my colleagues to support the Jackson Lee amendment.


                             Point of Order

  Mr. ROGERS. Mr. Chairman, I make a point of order against the 
amendment because it provides an appropriation for an unauthorized 
program, therefore, violates clause 2 of rule XXI, which states in 
pertinent part, ``An appropriation may not be in order as an amendment 
for an expenditure not previously authorized by law.''
  Mr. Chairman, the authorization for this program has not been signed 
into law. The amendment, therefore, violates clause 2 of rule XXI. I 
ask for a ruling of the Chair.
  The CHAIRMAN. Does the gentlewoman wish to be heard on the point of 
order?
  Ms. JACKSON-LEE of Texas. I certainly would.
  Mr. Chairman, I thank the chairman very much and the ranking member. 
As I noted, this comes from a large pool of funding of the Federal 
Highway Administration, some $447 million. My point is that because of 
the emergency nature of this request, I am asking that the point of 
order be waived so that this particular unit can carry forth its 
emergency efforts in helping Houston recover and remain as an emergency 
center coordinating all forms of government effectively and helping to 
continue the recovery process in finding resources dealing with heavy 
equipment, in hosting the Coast Guard and the Army Corps of Engineers.
  Mr. Chairman, we researched the question to determine authorization. 
It is unclear whether such has been authorized. But in any event, I 
would ask the chairman of the subcommittee to consider the fact of the 
ongoing work of Houston TranStar, its importance and vitality in 
bringing the city back to its feet, and also its key involvement to the 
transportation modules in our community and coordinating transportation 
in a large metropolitan area.
  The CHAIRMAN. The Chair is prepared to rule on the point of order.
  The amendment proposes to earmark certain funds in the bill. Under 
clause 2(a) of rule XXI, such an earmarking must be specifically 
authorized by law. The burden of establishing the authorization in law 
rests with the proponent of the amendment.
  Finding that this burden has not been carried, the point of order is 
sustained. The amendment is not in order.
  The Clerk will read.
  The Clerk read as follows:

                          Federal-Aid Highways


                      (limitation on obligations)

                          (highway trust fund)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $31,716,797,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2002.

                          Federal-Aid Highways


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for carrying 
     out the provisions of title 23, United States Code, that are 
     attributable to Federal-aid highways, including the National 
     Scenic and Recreational Highway as authorized by 23 U.S.C. 
     148, not otherwise provided, including reimbursement for sums 
     expended pursuant to the provisions of 23 U.S.C. 308, 
     $30,000,000,000 or so much thereof as may be available in and 
     derived from the Highway Trust Fund, to remain available 
     until expended.


              Amendments Offered by Mr. Rogers of Kentucky

  Mr. ROGERS of Kentucky. Mr. Chairman, I offer several amendments, and 
I ask unanimous consent that they be considered en bloc.
  The Clerk read as follows:

       Amendments offered by Mr. Rogers:
       On page 16, line 12 of the bill, strike ``Notwithstanding 
     any other provision of law,'';
       On page 19, line 16 of the bill, strike ``Notwithstanding 
     any other provision of law,'';
       On page 25, line 4 of the bill, strike ``Notwithstanding 
     any other provision of law,'';
       On page 55, line 14 of the bill, strike ``Beginning in 
     fiscal year 2002 and thereafter,'';
       On page 55, line 18 and all that follows through page 56, 
     line 2.

  Mr. ROGERS (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendments be considered as read and printed in the 
Record.

[[Page 11940]]

  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  There was no objection.
  The CHAIRMAN. Without objection, the amendments will be considered en 
bloc.
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I shall not take the full 5 
minutes time.
  This is a manager's amendment and accommodates the concerns expressed 
by the Committee on Transportation and Infrastructure by removing in 
five cases authorizing language. It has been cleared with the minority 
as well as the authorizing committee. I believe it is noncontroversial, 
and I would ask for its adoption.
  Mr. SABO. Mr. Chairman, I support the amendment.
  The CHAIRMAN. The question is on the amendments offered by the 
gentleman from Kentucky.
  The amendments were agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                       State Infrastructure Banks


                              (Rescission)

       Of the funds made available for State Infrastructure Banks 
     in Public Law 104-205, $6,000,000 are rescinded.

              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

                          Motor Carrier Safety

                 Limitation on Administrative Expenses

       For necessary expenses for administration of motor carrier 
     safety programs and motor carrier safety research, pursuant 
     to section 104(a)(1)(B) of title 23, United States Code, not 
     to exceed $92,307,000 shall be paid in accordance with law 
     from appropriations made available by this Act and from any 
     available take-down balances to the Federal Motor Carrier 
     Safety Administration, together with advances and 
     reimbursements received by the Federal Motor Carrier Safety 
     Administration: Provided, That such amounts shall be 
     available to carry out the functions and operations of the 
     Federal Motor Carrier Safety Administration.

                 National Motor Carrier Safety Program


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 49 
     U.S.C. 31102, 31106, and 31309, $205,896,000, to be derived 
     from the Highway Trust Fund and to remain available until 
     expended: Provided, That none of the funds in this Act shall 
     be available for the implementation or execution of programs 
     the obligations for which are in excess of $205,896,000 for 
     ``Motor Carrier Safety Grants'', and ``Information Systems''.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     chapter 301 of title 49, United States Code, and part C of 
     subtitle VI of title 49, United States Code, $122,420,000, of 
     which $90,430,000 shall remain available until September 30, 
     2004: Provided, That none of the funds appropriated by this 
     Act may be obligated or expended to plan, finalize, or 
     implement any rulemaking to add to section 575.104 of title 
     49 of the Code of Federal Regulations any requirement 
     pertaining to a grading standard that is different from the 
     three grading standards (treadwear, traction, and temperature 
     resistance) already in effect.

                        Operations and Research


                (Liquidation of Contract Authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, to remain available until 
     expended, $72,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2002, are in excess of 
     $72,000,000 for programs authorized under 23 U.S.C. 403.

                        National Driver Register


                          (highway trust fund)

       For expenses necessary to discharge the functions of the 
     Secretary with respect to the National Driver Register under 
     chapter 303 of title 49, United States Code, $2,000,000, to 
     be derived from the Highway Trust Fund, and to remain 
     available until expended.

                     Highway Traffic Safety Grants


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out the provisions of 23 
     U.S.C. 402, 405, 410, and 411, to remain available until 
     expended, $223,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2002, are in excess of 
     $223,000,000 for programs authorized under 23 U.S.C. 402, 
     405, 410, and 411, of which $160,000,000 shall be for 
     ``Highway Safety Programs'' under 23 U.S.C. 402, $15,000,000 
     shall be for ``Occupant Protection Incentive Grants'' under 
     23 U.S.C. 405, $38,000,000 shall be for ``Alcohol-Impaired 
     Driving Countermeasures Grants'' under 23 U.S.C. 410, and 
     $10,000,000 shall be for the ``State Highway Safety Data 
     Grants'' under 23 U.S.C. 411: Provided further, That none of 
     these funds shall be used for construction, rehabilitation, 
     or remodeling costs, or for office furnishings and fixtures 
     for State, local, or private buildings or structures: 
     Provided further, That not to exceed $8,000,000 of the funds 
     made available for section 402, not to exceed $750,000 of the 
     funds made available for section 405, not to exceed 
     $1,900,000 of the funds made available for section 410, and 
     not to exceed $500,000 of the funds made available for 
     section 411 shall be available to NHTSA for administering 
     highway safety grants under chapter 4 of title 23, United 
     States Code: Provided further, That not to exceed $500,000 of 
     the funds made available for section 410 ``Alcohol-Impaired 
     Driving Countermeasures Grants'' shall be available for 
     technical assistance to the States.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $110,461,000, of 
     which $6,159,000 shall remain available until expended.

                   Railroad Research and Development

       For necessary expenses for railroad research and 
     development, $27,375,000, to remain available until expended.

            Railroad Rehabilitation and Improvement Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using federal funds for the credit risk premium 
     during fiscal year 2002.

                    Next Generation High-Speed Rail

       For necessary expenses for the Next Generation High-Speed 
     Rail program as authorized under 49 U.S.C. 26101 and 26102, 
     $25,100,000, to remain available until expended.

     Capital Grants to the National Railroad Passenger Corporation

       For necessary expenses of capital improvements of the 
     National Railroad Passenger Corporation as authorized by 49 
     U.S.C. 24104(a), $521,476,000, to remain available until 
     expended.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $13,400,000: Provided, That no 
     more than $67,000,000 of budget authority shall be available 
     for these purposes: Provided further, That of the funds in 
     this Act available for the execution of contracts under 
     section 5327(c) of title 49, United States Code, $2,000,000 
     shall be reimbursed to the Department of Transportation's 
     Office of Inspector General for costs associated with audits 
     and investigations of transit-related issues, including 
     reviews of new fixed guideway systems: Provided further, That 
     not to exceed $2,600,000 for the National transit database 
     shall remain available until expended.

                             Formula Grants


                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
     5310, 5311, 5327, and section 3038 of Public Law 105-178, 
     $718,400,000, to remain available until expended: Provided, 
     That no more than $3,592,000,000 of budget authority shall be 
     available for these purposes: Provided further, That of the 
     funds provided under this heading, $5,000,000 shall be 
     available for grants for the costs of planning, delivery, and 
     temporary use of transit vehicles for special transportation 
     needs and construction of temporary transportation facilities 
     for the XIX Winter Olympiad and the VIII Paralympiad for the 
     Disabled, to be held in Salt Lake City, Utah: Provided 
     further, That in allocating the funds designated in the 
     preceding proviso, the Secretary shall make grants only to 
     the Utah Department of Transportation, and such grants shall 
     not be subject to any local share requirement or limitation 
     on operating assistance under this Act or the Federal Transit 
     Act, as amended: Provided further, That notwithstanding 
     section 3008 of Public Law 105-178, the $50,000,000 to carry 
     out 49 U.S.C. 5308 shall be transferred to and merged with 
     funding provided for the replacement, rehabilitation, and 
     purchase of buses and related equipment and the

[[Page 11941]]

     construction of bus-related facilities under ``Federal 
     Transit Administration, Capital investment grants''.

                              {time}  1615


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
the language found at page 23, beginning on line 20 and continuing to 
page 24, line 2, which begins ``Providing further, that notwithstanding 
section 3008 of Public Law 105-78'' and ending on page 25, line 2, with 
``capital investment grants.''
  This language violates the guarantees of TEA-21 to provide funds for 
the Clean Fuels Bus formula grant program to the other discretionary 
grant program. This language supersedes existing law and clearly 
constitutes legislation on an appropriations bill in violation of 
clause 2 of rule XXI of the rules of the House of Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, the point of order is conceded.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provision is 
stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

                   University Transportation Research

       For necessary expenses to carry out 49 U.S.C. 5505, 
     $1,200,000, to remain available until expended: Provided, 
     That no more than $6,000,000 of budget authority shall be 
     available for these purposes.

                     Transit Planning and Research

       For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
     5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
     $23,000,000, to remain available until expended: Provided, 
     That no more than $116,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     $5,250,000 is available to provide rural transportation 
     assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to 
     carry out programs under the National Transit Institute (49 
     U.S.C. 5315), $8,250,000 is available to carry out transit 
     cooperative research programs (49 U.S.C. 5313(a)), 
     $55,422,400 is available for metropolitan planning (49 U.S.C. 
     5303, 5304, and 5305), $11,577,600 is available for State 
     planning (49 U.S.C. 5313(b)); and $31,500,000 is available 
     for the national planning and research program (49 U.S.C. 
     5314).

                      Trust Fund Share of Expenses


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 5303-5308, 
     5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 
     and 3038 of Public Law 105-178, $5,397,800,000, to remain 
     available until expended, and to be derived from the Mass 
     Transit Account of the Highway Trust Fund: Provided, That 
     $2,873,600,000 shall be paid to the Federal Transit 
     Administration's formula grants account: Provided further, 
     That $93,000,000 shall be paid to the Federal Transit 
     Administration's transit planning and research account: 
     Provided further, That $53,600,000 shall be paid to the 
     Federal Transit Administration's administrative expenses 
     account: Provided further, That $4,800,000 shall be paid to 
     the Federal Transit Administration's university 
     transportation research account: Provided further, That 
     $100,000,000 shall be paid to the Federal Transit 
     Administration's job access and reverse commute grants 
     program: Provided further, That $2,272,800,000 shall be paid 
     to the Federal Transit Administration's capital investment 
     grants account.

                       Capital Investment Grants


                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
     5318, and 5327, $568,200,000, to remain available until 
     expended: Provided, That no more than $2,841,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That none of the funds provided under this 
     heading shall be available for section 3015(b) of Public Law 
     105-178; Provided further, That notwithstanding any other 
     provision of law, there shall be available for fixed guideway 
     modernization, $1,136,400,000; there shall be available for 
     the replacement, rehabilitation, and purchase of buses and 
     related equipment and the construction of bus-related 
     facilities, $568,200,000 together with $50,000,000 
     transferred from ``Federal Transit Administration, Formula 
     grants''; and there shall be available for new fixed guideway 
     systems $1,136,400,000, together with $8,128,338 of the funds 
     made available under ``Federal Transit Administration, 
     Discretionary grants'' in Public law 105-66, and $22,023,391 
     of the funds made available under ``Federal Transit 
     Administration, Capital investment grants'' in Public Law 
     105-277; to be available as follows:
       $10,296,000 for Alaska or Hawaii ferry projects;
       $25,000,000 for the Atlanta, Georgia, North line extension 
     project;
       $10,867,000 for the Baltimore, Maryland, central light rail 
     transit double track project;
       $11,203,169 for the Boston, Massachusetts, South Boston 
     Piers transitway project;
       $5,000,000 for the Charlotte, North Carolina, south 
     corridor transitway project;
       $35,000,000 for the Chicago, Illinois, Douglas branch 
     reconstruction project;
       $23,000,000 for the Chicago, Illinois, Metra North central 
     corridor commuter rail project;
       $19,118,735 for the Chicago, Illinois, Metra South West 
     corridor commuter rail project;
       $20,000,000 for the Chicago, Illinois, Metra Union Pacific 
     West line extension project;
       $2,000,000 for the Chicago, Illinois, Ravenswood 
     reconstruction project;
       $5,000,000 for the Cleveland, Ohio, Euclid corridor 
     transportation project;
       $70,000,000 for the Dallas, Texas, North central light rail 
     transit extension project;
       $60,000,000 for the Denver, Colorado, Southeast corridor 
     light rail transit project;
       $192,492 for the Denver, Colorado, Southwest light rail 
     transit project;
       $25,000,000 for the Dulles corridor, Virginia, bus rapid 
     transit project;
       $30,000,000 for the Fort Lauderdale, Florida, Tri-Rail 
     commuter rail upgrades project;
       $3,000,000 for the Johnson County, Kansas-Kansas City, 
     Missouri, I-35 commuter rail project;
       $60,000,000 for the Largo, Maryland, metrorail extension 
     project;
       $1,800,000 for the Little Rock, Arkansas, river rail 
     project;
       $10,000,000 for the Long Island Rail Road, New York, East 
     Side access project;
       $49,686,469 for the Los Angeles North Hollywood, 
     California, extension project;
       $5,500,000 for the Los Angeles, California, East Side 
     corridor light rail transit project;
       $3,000,000 for the Lowell, Massachusetts-Nashua, New 
     Hampshire commuter rail extension project;
       $12,000,000 for the Maryland (MARC) commuter rail 
     improvements project;
       $19,170,000 for the Memphis, Tennessee, Medical center rail 
     extension project;
       $5,000,000 for the Miami, Florida, South Miami-Dade busway 
     extension project;
       $10,000,000 for the Minneapolis-Rice, Minnesota, Northstar 
     corridor commuter rail project;
       $50,000,000 for the Minneapolis-St. Paul, Minnesota, 
     Hiawatha corridor project;
       $4,000,000 for the Nashville, Tennessee, East corridor 
     commuter rail project;
       $20,000,000 for the Newark-Elizabeth, New Jersey, rail link 
     project;
       $4,000,000 for the New Britain-Hartford, Connecticut, 
     busway project;
       $141,000,000 for the New Jersey Hudson Bergen light rail 
     transit project;
       $13,800,000 for the New Orleans, Louisiana, Canal Street 
     car line project;
       $3,100,000 for the New Orleans, Louisiana, Desire corridor 
     streetcar project;
       $13,000,000 for the Oceanside-Escondido, California, light 
     rail extension project;
       $16,000,000 for the Phoenix, Arizona, Central Phoenix/East 
     valley corridor project;
       $6,000,000 for the Pittsburgh, Pennsylvania, North Shore 
     connector light rail transit project;
       $20,000,000 for the Pittsburgh, Pennsylvania, stage II 
     light rail, transit reconstruction project;
       $70,000,000 for the Portland, Oregon, Interstate MAX light 
     rail transit extension project;
       $5,600,000 for the Puget Sound, Washington, RTA Sounder 
     commuter rail project;
       $14,000,000 for the Raleigh, North Carolina, Triangle 
     transit project;
       $328,810 for the Sacramento, California, light rail transit 
     extension project;
       $15,000,000 for the Salt Lake City, Utah, CBD to University 
     light rail transit project;
       $718,006 for the Salt Lake City, Utah, South light rail 
     transit project;
       $65,000,000 for the San Diego Mission Valley East, 
     California, light rail transit extension project;
       $2,000,000 for the San Diego, California, Mid Coast 
     corridor project;
       $80,605,331 for the San Francisco, California, BART 
     extension to the airport project;
       $113,336 for the San Jose Tasman West, California, transit 
     light rail project;
       $40,000,000 for the San Juan, Puerto Rico, Tren Urbano 
     project;
       $31,088,422 for the St. Louis, Missouri, MetroLink St. 
     Clair extension project;
       $8,000,000 for the Stamford, Connecticut, urban transitway 
     project; and
       $1,000,000 for the Washington County, Oregon, Wilsonville 
     to Beaverton commuter rail project.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
the language found on page 26, beginning on line 9 and continuing to 
line 10 which states ``That notwithstanding any other provision of 
law'' and also against the language found on page 26, beginning on line 
15 and continuing to line 16 which states ``together with $50 million 
transferred from ``Federal

[[Page 11942]]

Transit Administration, Formula grants''; this clause ``notwithstanding 
any other provision of law'' explicitly supersedes existing law and 
clearly constitutes legislation on appropriations bill in violation of 
clause 2 of rule XXI of the rules of the House of Representatives.
  This language on lines 15 and 16 transferring $50 million provided by 
TEA-21 for Clean Fuels Bus formula grants program to the transit bus 
discretionary capitol investment grant program affects the total 
transit program outlays for fiscal year 2002, which violates section 
8101 of Public Law 105-178 and supersedes existing law.
  This language clearly constitutes legislation on an appropriations 
bill in violation of rule XXI of the rules of the House of 
Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, we concede the point of order.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provisions are 
stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

                 Job Access and Reverse Commute Grants

       Notwithstanding section 3037(l)(3) of Public Law 105-178, 
     as amended, for necessary expenses to carry out section 3037 
     of the Federal Transit Act of 1998, $25,000,000, to remain 
     available until expended: Provided, That no more than 
     $125,000,000 of budget authority shall be available for these 
     purposes: Provided further, That up to $250,000 of the funds 
     provided under this heading may be used by the Federal 
     Transit Administration for technical assistance and support 
     and performance reviews of the job access and reverse commute 
     grants program.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
the language found on page 31, beginning on line 9 and continuing to 
line 10 which begins ``Notwithstanding section 3037(l)(3) of Public Law 
105-178, as amended.''
  This language waives the statutory distribution of funds specified in 
TEA-21 for the Job Access and Reverse Commute Grants program and 
explicitly supersedes existing law. This language clearly constitutes 
legislation on an appropriations bill in violation of clause 2 of rule 
XXI of the rules of the House of Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, we concede the point of order.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provision is 
stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.

                       Operations and Maintenance


                    (harbor maintenance trust fund)

       For necessary expenses for operations and maintenance of 
     those portions of the Saint Lawrence Seaway operated and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $13,426,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       For expenses necessary to discharge the functions of the 
     Research and Special Programs Administration, $36,487,000, of 
     which $645,000 shall be derived from the Pipeline Safety 
     Fund, and of which $2,170,000 shall remain available until 
     September 30, 2004: Provided, That up to $1,200,000 in fees 
     collected under 49 U.S.C. 5108(g) shall be deposited in the 
     general fund of the Treasury as offsetting receipts: Provided 
     further, That there may be credited to this appropriation, to 
     be available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training, for 
     reports publication and dissemination, and for travel 
     expenses incurred in performance of hazardous materials 
     exemptions and approvals functions.

                            Pipeline Safety


                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $48,475,000, of which $7,472,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2004; and of which 
     $41,003,000 shall be derived from the Pipeline Safety Fund, 
     of which $20,707,000 shall remain available until September 
     30, 2004.

                     Emergency Preparedness Grants


                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5127(c), 
     $200,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2004: Provided, That 
     not more than $14,300,000 shall be made available for 
     obligation in fiscal year 2002 from amounts made available by 
     49 U.S.C. 5116(i), 5127(c), and 5127(d): Provided further, 
     That none of the funds made available by 49 U.S.C. 5116(i), 
     5127(c), and 5127(d) shall be made available for obligation 
     by individuals other than the Secretary of Transportation or 
     his designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $50,614,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3) to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $18,563,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $950,000 from fees established by the Chairman 
     of the Surface Transportation Board shall be credited to this 
     appropriation as offsetting collections and used for 
     necessary and authorized expenses under this heading: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced on a dollar-for-dollar basis as 
     such offsetting collections are received during fiscal year 
     2002, to result in a final appropriation from the general 
     fund estimated at no more than $17,613,000.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $5,046,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $66,400,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses.

                               TITLE III

                           GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 301. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 302. Such sums as may be necessary for fiscal year 
     2002 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.

[[Page 11943]]

       Sec. 303. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 304. None of the funds in this Act shall be available 
     for salaries and expenses of more than 105 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision or political and Presidential appointees in an 
     independent agency funded in this Act may be assigned on 
     temporary detail outside the Department of Transportation or 
     such independent agency.
       Sec. 305. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 306. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 307. The Secretary of Transportation is hereby 
     authorized to make such expenditures and investments, within 
     the limits of funds available pursuant to 49 U.S.C. 44307, 
     and in accordance with section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program for aviation 
     insurance activities under chapter 443 of title 49, United 
     States Code.
       Sec. 308. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 309. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.

  Mr. ROGERS of Kentucky (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 38, line 
22, be considered as read, printed in the Record and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  There was no objection.
  The CHAIRMAN. Are there amendments to that portion of the bill?
  Mr. YOUNG of Alaska. Mr. Chairman, I have a point of order on page 
38, line 23.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 310. (a) For fiscal year 2002, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid Highways amounts authorized for administrative 
     expenses and programs funded from the administrative takedown 
     authorized by section 104(a)(1)(A) of title 23, United States 
     Code, for the highway use tax evasion program for amounts 
     provided under section 110 of title 23, United States Code, 
     and for the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid Highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for the previous fiscal 
     year the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid Highways less 
     the aggregate of amounts not distributed under paragraphs (1) 
     and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation limitation for Federal-aid 
     Highways less the aggregate amounts not distributed under 
     paragraphs (1) and (2) of section 117 of title 23, United 
     States Code (relating to high priority projects program), 
     section 201 of the Appalachian Regional Development Act of 
     1965, the Woodrow Wilson Memorial Bridge Authority Act of 
     1995, and $2,000,000,000 for such fiscal year under section 
     105 of title 23, United States Code (relating to minimum 
     guarantee) so that the amount of obligation authority 
     available for each of such sections is equal to the amount 
     determined by multiplying the ratio determined under 
     paragraph (3) by the sums authorized to be appropriated for 
     such section (except in the case of section 105, 
     $2,000,000,000) for such fiscal year;
       (5) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4) for each of the programs that 
     are allocated by the Secretary under title 23, United States 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by multiplying 
     the ratio determined under paragraph (3) by the sums 
     authorized to be appropriated for such program for such 
     fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5) for Federal-aid 
     highways and highway safety construction programs (other than 
     the minimum guarantee program, but only to the extent that 
     amounts apportioned for the minimum guarantee program for 
     such fiscal year exceed $2,639,000,000, and the Appalachian 
     development highway system program) that are apportioned by 
     the Secretary under title 23, United States Code, in the 
     ratio that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid Highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under sections 131(b) and 131( 
     j) of the Surface Transportation Assistance Act of 1982; (5) 
     under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987; 
     (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991; (7) under 
     section 157 of title 23, United States Code, as in effect on 
     the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; and (8) under 
     section 105 of title 23, United States Code (but only in an 
     amount equal to $639,000,000 for such fiscal year).
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall after 
     August 1 for such fiscal year revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     a State will not obligate the amount distributed during that 
     fiscal year and redistribute sufficient amounts to those 
     States able to obligate amounts in addition to those 
     previously distributed during that fiscal year giving 
     priority to those States having large unobligated balances of 
     funds apportioned under sections 104 and 144 of title 23, 
     United States Code, section 160 (as in effect on the day 
     before the enactment of the Transportation Equity Act for the 
     21st Century) of title 23, United States Code, and under 
     section 1015 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1943-1945).
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, except that 
     obligation authority made available for such programs under 
     such limitation shall remain available for a period of 3 
     fiscal years.
       (e) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     limitation under subsection (a), the Secretary shall 
     distribute to the States any funds: (1) that are authorized 
     to be appropriated for such fiscal year for Federal-aid 
     highways programs (other than the program under section 160 
     of title 23, United States Code) and for carrying out 
     subchapter I of chapter 311 of title 49, United States Code, 
     and highway-related programs under chapter 4 of title 23, 
     United States Code; and (2) that the Secretary determines 
     will not be allocated to the States, and will not be 
     available for obligation, in such fiscal year due to the 
     imposition of any obligation limitation for such fiscal year. 
     Such distribution to the States shall be made in the same 
     ratio as the distribution of obligation authority under 
     subsection (a)(6). The funds so distributed shall be 
     available for any purposes described in section 133(b) of 
     title 23, United States Code.
       (f) Special Rule.--Obligation limitation distributed for a 
     fiscal year under subsection (a)(4) of this section for a 
     section set forth in subsection (a)(4) shall remain available 
     until used and shall be in addition to the amount of any 
     limitation imposed on obligations for Federal-aid highways 
     and highway safety construction programs for future fiscal 
     years.
       (g) Notwithstanding Public Law 105-178, as amended, of the 
     funds authorized under section 110 of title 23, United States 
     Code, (other than the funds authorized for the motor carrier 
     safety grant program) for fiscal year 2002, $56,300,000 shall 
     be to carry out a program for state and Federal border 
     infrastructure construction.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against

[[Page 11944]]

all of section 310 beginning on page 38, line 23, and ending on page 
44, line 2.
  This language explicitly directs the Secretary of the Department of 
Transportation to alter the TEA-21 distribution of funds contrary to 
existing law. It directs the redistribution of $56.3 million of Federal 
Highway Revenue Aligned Budget Authority (RABA) to carry out a program 
for State and Federal border infrastructure construction. This is a 
clear violation of clause 2 of rule XXI of the Rules of the House of 
Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS of Kentucky. The point of order is conceded.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provision is 
stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 311. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 312. None of the funds in this Act shall be available 
     to plan, finalize, or implement regulations that would 
     establish a vessel traffic safety fairway less than five 
     miles wide between the Santa Barbara Traffic Separation 
     Scheme and the San Francisco Traffic Separation Scheme.
       Sec. 313. Notwithstanding any other provision of law, 
     airports may transfer, without consideration, to the Federal 
     Aviation Administration (FAA) instrument landing systems 
     (along with associated approach lighting equipment and runway 
     visual range equipment) which conform to FAA design and 
     performance specifications, the purchase of which was 
     assisted by a Federal airport-aid program, airport 
     development aid program or airport improvement program grant: 
     Provided, That, the Federal Aviation Administration shall 
     accept such equipment, which shall thereafter be operated and 
     maintained by FAA in accordance with agency criteria.
       Sec. 314. Notwithstanding any other provision of law, and 
     except for fixed guideway modernization projects, funds made 
     available by this Act under ``Federal Transit Administration, 
     Capital investment grants'' for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2004, and other recoveries, shall 
     be made available for other projects under 49 U.S.C. 5309.
       Sec. 315. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2001, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 316. None of the funds in this Act may be used to 
     compensate in excess of 335 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2002.
       Sec. 317. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Transit Planning and Research'' account, 
     and to the Federal Railroad Administration's ``Safety and 
     Operations'' account, except for State rail safety inspectors 
     participating in training pursuant to 49 U.S.C. 20105.
       Sec. 318. Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities.
       Sec. 319. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 320. None of the funds in this Act may be obligated or 
     expended for employee training which: (a) does not meet 
     identified needs for knowledge, skills and abilities bearing 
     directly upon the performance of official duties; (b) 
     contains elements likely to induce high levels of emotional 
     response or psychological stress in some participants; (c) 
     does not require prior employee notification of the content 
     and methods to be used in the training and written end of 
     course evaluations; (d) contains any methods or content 
     associated with religious or quasi-religious belief systems 
     or ``new age'' belief systems as defined in Equal Employment 
     Opportunity Commission Notice N-915.022, dated September 2, 
     1988; (e) is offensive to, or designed to change, 
     participants' personal values or lifestyle outside the 
     workplace; or (f) includes content related to human 
     immunodeficiency virus/acquired immune deficiency syndrome 
     (HIV/AIDS) other than that necessary to make employees more 
     aware of the medical ramifications of HIV/AIDS and the 
     workplace rights of HIV-positive employees.
       Sec. 321. None of the funds in this Act shall, in the 
     absence of express authorization by Congress, be used 
     directly or indirectly to pay for any personal service, 
     advertisement, telegraph, telephone, letter, printed or 
     written material, radio, television, video presentation, 
     electronic communications, or other device, intended or 
     designed to influence in any manner a Member of Congress or 
     of a State legislature to favor or oppose by vote or 
     otherwise, any legislation or appropriation by Congress or a 
     State legislature after the introduction of any bill or 
     resolution in Congress proposing such legislation or 
     appropriation, or after the introduction of any bill or 
     resolution in a State legislature proposing such legislation 
     or appropriation: Provided, That this shall not prevent 
     officers or employees of the Department of Transportation or 
     related agencies funded in this Act from communicating to 
     Members of Congress or to Congress, on the request of any 
     Member, or to members of a State legislature, or to a State 
     legislature, through the proper official channels, requests 
     for legislation or appropriations which they deem necessary 
     for the efficient conduct of business.
       Sec. 322. (a) In General.--None of the funds made available 
     in this Act may be expended by an entity unless the entity 
     agrees that in expending the funds the entity will comply 
     with the Buy American Act (41 U.S.C. 10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.

  Mr. ROGERS of Kentucky (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 50, line 
21, be considered as read, printed in the Record and open to amendment 
at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  Mr. ANDREWS. Mr. Chairman, reserving the right to object, I have an 
amendment that comes in at page 52 and I wonder what effect that will 
have on the gentleman's request. I do not intend to object other than 
to preserve the right to offer my amendment.
  The CHAIRMAN. The Chair understands the request is to advance the 
reading to page 50 line 21.
  Mr. ANDREWS. Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Chairman, I have a point of order beginning 
on line 22.
  The CHAIRMAN. Before the Clerk reads into that section, are there any 
amendments to the portion of the bill now open?
  The Clerk will read.
  The Clerk read as follows:
       Sec. 323. Notwithstanding any other provision of law, of 
     the $23,896,000 provided under 23 U.S.C. 110 for the motor 
     carrier safety grants program, the Secretary of 
     Transportation may reserve up to $18,000,000 for

[[Page 11945]]

     grants to the States of Arizona, California, New Mexico, and 
     Texas, to hire State motor carrier safety inspectors at the 
     United States/Mexico border: Provided, That, such funding is 
     only available to the extent the States submit requests for 
     such funding to the Secretary and the Secretary evaluates 
     such requests based on established criteria: Provided 
     further, That, on March 31, 2002, the Secretary shall 
     distribute to the States any undistributed amounts in excess 
     of \1/2\ of the amount originally reserved, consistent with 
     section 110 of title 23, U.S.C., for the motor carrier safety 
     grants program: Provided further, That on July 1, 2002, the 
     Secretary shall distribute to the States any remaining 
     undistributed amounts consistent with section 110 of title 
     23, U.S.C., for the motor carrier safety grants program.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order against 
all of section 323 beginning on page 50, line 22, and ending on page 
51, line 15.
  This language authorizes the Secretary of Transportation to reserve 
up to $18 million of Federal Motor Carrier Safety Administration, RABA, 
for four States, Arizona, California, New Mexico and Texas, for the 
purpose of hiring State motor carrier safety inspectors at the U.S.-
Mexican border. This explicitly waives existing law in violation of 
clause 2 of rule XXI of the Rules of the House of Representatives.
  The CHAIRMAN. Does the gentleman from Kentucky wish to be heard on 
the point of order?
  Mr. ROGERS of Kentucky. Mr. Chairman, the point is conceded.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order. The point of order is conceded and sustained. The provision is 
stricken from the bill. Section 323 is stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 324. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department from travel 
     management centers, charge card programs, the subleasing of 
     building space, and miscellaneous sources are to be credited 
     to appropriations of the Department and allocated to elements 
     of the Department using fair and equitable criteria and such 
     funds shall be available until December 31, 2002.
       Sec. 325. Notwithstanding any other provision of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 326. For necessary expenses of the Amtrak Reform 
     Council authorized under section 203 of Public Law 105-134, 
     $785,000, to remain available until September 30, 2003: 
     Provided, That the duties of the Amtrak Reform Council 
     described in section 203(g)(1) of Public Law 105-134 shall 
     include the identification of Amtrak routes which are 
     candidates for closure or realignment, based on performance 
     rankings developed by Amtrak which incorporate information on 
     each route's fully allocated costs and ridership on core 
     intercity passenger service, and which assume, for purposes 
     of closure or realignment candidate identification, that 
     Federal subsidies for Amtrak will decline over the 4-year 
     period from fiscal year 1999 to fiscal year 2002: Provided 
     further, That these closure or realignment recommendations 
     shall be included in the Amtrak Reform Council's annual 
     report to the Congress required by section 203(h) of Public 
     Law 105-134.


                 Amendment No. 1 Offered by Mr. Andrews

  Mr. ANDREWS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Andrews:
       In section 326 (relating to Amtrak Reform Council), after 
     the dollar amount, insert the following: ``(reduced by 
     $335,000)''.

  Mr. ANDREWS. Mr. Chairman, the purpose of this amendment is twofold. 
It is to strongly support the continued operation of Amtrak as a 
national passenger railroad system, and it is to save the taxpayers of 
our country $335,000.
  This amendment strikes the amount of $335,000 from the amount 
appropriated for the operations of the so-called Amtrak Reform Council. 
I believe there are two good arguments for this. The first is that the 
remaining fund for the Amtrak Reform Council, which is $450,000, are 
more than sufficient for the council to carry on its work. When the 
council was first created in 1997, it was projected by the 
Congressional Budget Office that its annual cost of operation would be 
approximately $500,000. This amendment would bring the cost of 
operating the council back to that general level.
  The second reason for this is that the Amtrak Reform Council, in my 
judgment, has been less about reform and more about criticism of 
Amtrak. The place where Amtrak's future should be decided, with all due 
respect, is in the authorizing committee and on the floor of this House 
and we can have a good debate about the future of the railroad. I do 
not believe that ceding our judgment to an unelected body of people, 
many of whom have expressed strong prejudices against the operation of 
Amtrak, is a wise course.
  Mr. Chairman, in each of the last two Congresses, the House has 
approved a similar amendment, by a roll call vote in 1999 and by voice 
in the year 2000. I believe this is a reasonable balance. It permits 
the work of the Amtrak Reform Council to go on, despite the fact that 
many of us disagree with that work, while at the same time requiring 
the council to rely on the good offices already existing in the 
Department of Transportation, not expanding spending to outside 
consultants and other expenditures, which I believe the taxpayers 
should not be burdened with.
  The amount of the cut is $335,000. I would point out that I believe 
this is an amendment which supports Amtrak. In turn it is supported by 
the transportation trades department of the AFL-CIO speaking for the 
men and women who are Amtrak employees.
  Mr. Chairman, I would urge the adoption of the amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, we accept this amendment. It 
would reduce funding for the Amtrak Reform Council by $335,000. This 
action would be consistent with the levels of funding provided by the 
House for the Amtrak Reform Council for the past 2 years.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Andrews).
  The amendment was agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 327. None of the funds in this Act may be used to make 
     a grant unless the Secretary of Transportation notifies the 
     House and Senate Committees on Appropriations not less than 
     three full business days before any discretionary grant 
     award, letter of intent, or full funding grant agreement 
     totaling $1,000,000 or more is announced by the department or 
     its modal administrations from: (1) any discretionary grant 
     program of the Federal Highway Administration other than the 
     emergency relief program; (2) the airport improvement program 
     of the Federal Aviation Administration; or (3) any program of 
     the Federal Transit Administration other than the formula 
     grants and fixed guideway modernization programs: Provided, 
     That no notification shall involve funds that are not 
     available for obligation.
       Sec. 328. Section 232 of H.R. 3425 of the 106th Congress, 
     as enacted by section 1000(a)(5) of the Consolidated 
     Appropriations Act, 2000 is repealed.
       Sec. 329. None of the funds in this Act shall be available 
     for planning, design, or construction of a light rail system 
     in Houston, Texas.


          Amendment No. 3 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Jackson-Lee of Texas.
       Page 53, lines 15 through 17, strike section 329.

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I am an eternal optimist. I 
believe that transportation is such a vital part of the quality of life 
of Americans and Houstonians and Texans, that I offer this amendment 
and hope my colleagues can work collaboratively with me to ultimately 
strike the language that removes the opportunity for planning and 
design and construction of light rail in Houston, Texas.
  I say that because I was on the floor just previously talking about 
Houston TranStar which is a collaboration between city and local 
officials helping us move and moderate our traffic. Every major city, 
Houston now being known as the third largest city in the Nation, has 
traffic congestion. Polling in Houston suggests that not only the city 
of Houston, but small cities surrounding Houston are favorable toward 
this whole idea of light rail.

[[Page 11946]]

  Mr. Chairman, I am hoping that I will be able to work with my 
colleagues, including the gentleman from Texas (Mr. DeLay), in his 
interest in the Houston TranStar, I hope we will be able to work 
together on securing that authorization and funding for TranStar.

                              {time}  1630

  At the same time, I am hoping that we can strike this language or 
work collaboratively so that the City of Houston can fulfill the 
commitment it has made to its citizens and the citizens can have the 
commitment made to them by the City of Houston and the county judge and 
the metropolitan transit authority to have light rail in our community.
  Conventional wisdom also suggests that the light rail project would 
be immensely useful to complement the Main Street connectivity which 
continues to enrich the lives of countless Houstonians. Another traffic 
center is the Texas Medical Center, one of the largest employers in our 
region. We have also heard of the devastation facing the Texas Medical 
Center. One of the contributing factors as they recover and also as 
they continue to grow is the ability to move those medical 
professionals, nurses, technicians, and doctors into one of the most 
important medical centers in our country. They need light rail.
  I believe that we can do this together. Working with the 
administration of President George Bush; working with both Houses, the 
Senate and the House; working with our appropriations committee; and 
authorization committee. Never have we seen in the history of Houston 
the convergence of so many supporters, business community, local and 
regional communities, local cities that surround Houston, Houston and 
Harris County, all the local officials in large part. I cannot imagine 
why light rail is not in the destiny of Houston, Texas. Our sister city 
has it. What we are asking for as we go and do focus groups is the 
ability to be able to secure from our citizens the design of light 
rail. All have been eager to participate. In fact, in my 18th 
Congressional District they have said, ``When will it come into my 
neighborhood?''
  I believe that there are good will people and there are people who 
will work with us, including members of my own delegation who will find 
that light rail will be able to answer many questions prospectively, 
today and in the future.
  I would ask that my colleagues support this amendment. If we cannot 
have this amendment moved to a vote, I would certainly like to strike a 
collaborative chord with the members of the appropriations committee 
and the authorization committee so that we can work together to have 
light rail in the city of Houston.
  Mr. Chairman, I rise to offer an amendment that ensures that light 
rail remains at least eligible from Federal funding for the City of 
Houston. Unfortunately, an unnecessary and destructive rider has been 
inserted within H.R. 2299, the transportation appropriation bill. We 
must strike that language in the appropriations measure in the interest 
of fundamental fairness, Mr. Chairman.
  Last year, I joined my colleagues on the House floor to protest the 
lack of funding for the critical light rail project that is so 
important for Houston. I do not see why we should deprive the City of 
Houston of the light rail system. This is something that the Mayor of 
the City of Houston, the County Judge, the Metropolitan Transit 
Authority in Houston, residents and countless other interested have 
expressed a strong desire to see come to fruition. We need federal 
funding for light rail in the 18th Congressional District of Texas as 
we revitalize the transportation system for the 21st century.
  Conventional wisdom also suggests that the light rail project would 
be an immensely useful compliment to the Main Street Connectivity, 
which continues to enrich the lives of countless Houstonians.
  I have been supportive of light rail project for some years. From the 
outset of the planning stages of the project, it became clear to me 
that commuters in Houston needed to expand their options in making 
their days more efficient and enjoyable. The light rail project offered 
a formidable transportation solution that Houstonians had long awaited. 
It is my firm belief that light rail will significantly touch all parts 
of our community.
  Earlier in March of this year, I was delighted to announce that a 7.5 
mile METRORail line in Houston. Many individuals worked hard to make 
that happen. We must face the fact that the light rail project is of 
urgent need. Light rail will help alleviate Houston's traffic 
congestion problem and, among other things, significantly reduce the 
number of motorists that presently pollute the air with exhaust.
  Like all Houstonians, I believe that nothing is more important than 
mobility for the region's future. For these reasons, I am part of our 
federal team dedicated to increasing funding for our infrastructure 
needs in the Houston area. Mr. Chairman, we all have the common goal of 
making transportation more easily accessible in the Houston area. The 
goal of accessibility and faster modes of transportation will 
inevitably lead to an improved environment and a better quality of life 
for all Houstonians. We can do so much together when we make a 
commitment to work together.
  Lastly, let me say that I recognize that I will continue to work with 
the Administration and Congress to bring Federal assistance to the 
light rail project in Houston. I look forward to working with METRO and 
city officials to match ingenuity being shown by other transportation 
mechanisms utilized by other major metropolitan cities. With a 
continued collective effort from local, regional, and Federal 
resources, I believe the light rail system will help transform 
Houston's transportation system into one of the premier systems in 
America.
  I know that Congress needs to move forward on this bill, and we 
cannot debate local issues. But I hope the Congress realizes that this 
is not a local issue. This is a question of equality and parity when 
all of the other areas of the nation are able to get dollars for light 
rail. I think, if a community wants light rail and meets the 
requirement, then this Congress should give them consideration. The 
18th Congressional District of Texas deserves fair treatment regarding 
these matters.
  I urge my colleagues to support my amendment to strike the language 
prohibiting funding for the light rail program in Houston.
  Mr. BENTSEN. Mr. Chairman, I rise in support of the gentlewoman's 
amendment.
  This prohibition affects a rail project in the city of Houston, a 
large portion of which is in the gentlewoman's district and the other 
portion which runs into my district. It is one of the main traffic 
arteries in the city of Houston. The gentlewoman mentioned the Texas 
Medical Center, which is the largest medical center in the world, which 
is located in my district, which has approximately 60 to 70 thousand 
people moving in and out of a very concentrated area every day of the 
week. This is an important project.
  The gentlewoman also mentioned that this project enjoys the support 
of the locally elected political establishment of Houston and Harris 
County. The Houston Metro board is a metropolitan organization made up 
of appointees by the elected leadership. So it does have an indirect 
connection to the voters in that the directly elected officials appoint 
the members of this board and those members are approved by the elected 
members of the county commissioners court and the elected members of 
the Houston city council.
  Finally, I would say there are some who have said that this should 
not go forward because there has been no direct election by the people. 
But the county attorney of Harris County and the attorney general of 
the State of Texas have ruled that there is no statute in Texas law 
that would grant the right for such an election. So that is sort of the 
basis of this. And where we stand now is because of this specific 
prohibition affecting the City of Houston, the City of Houston is the 
only metropolitan area, the only municipal area in the United States of 
which I am aware where the United States Congress has specifically 
banned the use of Federal funds for rail.
  It comes down not to a question of whether you support rail or not, 
it comes down to a question of equity and whether or not we are going 
to allow locally elected officials to make the decisions or whether we 
are going to allow Washington to make the decisions. Unfortunately this 
provision in the bill has Washington telling the locally elected 
officials, both Republicans and Democrats and independents and 
nonpartisan candidates, that they cannot make the decision.
  I hope that the House will adopt the gentlewoman's amendment and 
allow

[[Page 11947]]

the elected officials, the locally elected officials of the City of 
Houston, of Harris County, to decide what they want to do with their 
share of the Federal funding just in the same way that locally elected 
officials throughout the United States are allowed to do so under this 
very bill without this prohibition that only affects one jurisdiction 
in the United States.
  Mr. CULBERSON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise today in opposition to the amendment. As a 
representative from the city of Houston and as a former member of the 
Texas House of Representatives, I can say that Texas law already 
provides for a mechanism for the voters to have their voice heard. If 
the metropolitan transit authority in Houston chooses to issue debt, 
there is a requirement that they have an election. Having just gone 
through a very extensive election campaign in Houston, I can tell 
Members firsthand the voters of Houston want an opportunity to speak on 
this issue; and I know we would all welcome a chance to debate it in 
the public arena in Houston.
  The voters of Houston have the right to have their voices heard 
particularly because of the extraordinary cost of any rail proposal. 
The numbers that we have seen indicate that it could cost up to $300 
million plus to build a rail system in Houston. I can tell Members that 
the highest transportation priority in Harris County in the opinion of 
the entire legislative delegation to Austin, I know with the support of 
many of my colleagues here, is the expansion of the Katy Freeway. The 
Katy Freeway still needs another $500 million to complete its 
expansion. That $300 million minimum that is proposed to finish out the 
cost to build a rail system in Houston would virtually finish the Katy 
Freeway project. $300 million would build 50 miles of freeway.



  We in the city of Houston have a very different type of geography. 
The way the city has grown is different from other cities. Our city was 
laid out on a salt grass prairie and those wide open spaces have 
enabled us to grow very rapidly in many directions. Seventy-six percent 
of the jobs in our city are outside Loop 610, and the city of Houston 
is just simply not well situated for a rail plan.
  All of these factors together, the fact that the rail plan would 
absorb so many transportation dollars, move so few riders, have to be 
subsidized so heavily, and the fact that State law already provides a 
mechanism for a vote lead me to the conclusion that it is entirely 
proper, in fact essential, that there be a vote in Houston before money 
is spent on rail.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
  Mr. CULBERSON. I yield to the gentlewoman from Texas.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for 
yielding. I appreciate his recounting the needs in the Houston and 
surrounding areas. I support the gentleman in helping to improve the 
Katy Freeway, I-10 West, which goes through a number of our districts, 
including mine. I think it is important; and, as I note, there is money 
in the bill for the Katy Freeway. I think it is only fair. It is 
important to note that Metro has committed to an election. They are now 
in the process of doing focus groups, if you will, and preparing that 
when there is a design ready for the next extension thereof or putting 
in the rail, that they would be more than happy to put that plan 
forward. The gentleman may well know that the county attorney ruled 
that they could not ask for a vote on this particular seven-mile run 
because it was not funded by Metro.
  Mr. CULBERSON. If I could reclaim my time and in response say that 
the Metro has indicated they are willing to have an election, but we 
have not seen the election occur yet. Metro moved forward very rapidly 
to build this rail plan from downtown Houston out to the Astrodome 
without asking for voter approval. They could have asked for voter 
approval, a simple referendum had they chosen to but did not. There are 
also other mechanisms to allow for a vote and they chose not to do so.
  The cost of the rail plan coupled with the immense amount of subsidy 
that is going to be required, when you compare the cost of rail systems 
in other cities, the cost per rider to taxpayers is about $3,000 a 
year, the subsidized cost per taxpayer in Los Angeles for each rider is 
about 9,000 tax dollars a year and in Dallas about $4,000. The 
geography, the growth patterns, the work patterns in the city of 
Houston are such that I am not sure that we could support it. In fact 
every town hall meeting I have held and where I have asked questions on 
this issue to my constituents, the overwhelming response of my 
constituents is that almost all of them need their cars in order to get 
to work.
  Because of the unique nature of our city, because of where the job 
centers, the economic centers of Houston are spread out around the 
metropolitan area, the bottom line is there must be an election and I 
strongly support the gentleman from Texas (Mr. DeLay) in his call for 
an election before any transportation dollars are spent on the 
construction of a rail system in Houston. I urge Members to vote 
against the amendment so that there can be a vote in the city of 
Houston.
  Mr. DeLAY. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I oppose this amendment because the Houston Metro 
bureaucracy still has not resolved a primary shortcoming. They have not 
assembled the facts and they have not placed those facts before our 
community in Houston. Without the facts, how can Houstonians make an 
informed decision about light rail? The answer is they cannot, and I am 
not going to tolerate an end run around accountability.
  Without a referendum on rail, Houstonians would be blindly committing 
billions of dollars to a vast project with an unknown price tag, 
unproven performance, and an undetermined impact on our most pressing 
problem in the Houston-Galveston area, and that is mobility. The 
decision to make a multi-billion-dollar transportation commitment 
cannot be made without the consent of the whole community. That is why 
I took action last year to suspend the diversion of Federal funds 
approved for transportation improvements from being used to fund light 
rail. And it is why I am asking my colleagues to continue supporting 
this restriction.
  My constituents expect me to safeguard their tax dollars, not flit 
them away on an unproven concept. A light rail system is far from the 
most effective way for Houston to reduce congestion. In fact, Houston 
Metro has even admitted that the Main Street line does nothing to 
reduce congestion and is not even a transportation project. They 
themselves call it an economic development project.
  The decision to build a light rail system would affect everyone in 
Houston. Supporters must document the ability of a rail system to 
reduce congestion and increase mobility. And they must take that case 
to the citizens of Houston to earn their support for a citywide light 
rail system. The people of Houston and the Houston metroplex deserve to 
be heard on this question and a referendum gives them that voice. But 
the community cannot make an informed choice without all the facts and 
Houston Metro is not giving them the information that they need.
  The method used to build the Main Street line gives every appearance 
of an attempt to evade accountability. Metro is moving forward with a 
piecemeal construction plan much like they did in Dallas, Texas, and 
they are moving that piecemeal construction plan without explaining 
light rail's broader mobility impact on the region.
  I trust the people of Houston. They can make the right choice if they 
have all the facts. Metro needs to prepare a comprehensive mobility 
plan that takes all of our needs into account. It should document all 
the challenges that contribute to congestion in the Houston region. It 
should describe all the different options to reduce congestion. And it 
should measure and compare the effectiveness of those options. Only 
then will people be able to make an informed decision about light rail.

[[Page 11948]]

  An additional problem with the Main Street line is that it simply is 
not a mobility project. The Main Street line is an economic development 
project. We have a mobility crisis in Houston. We must spend the 
available transportation dollars on measures that actually target and 
reduce congestion.

                              {time}  1645

  In the last 2 years running, we have added over 500,000 new trips to 
our transportation system; and yet we are only able to come up with 
enough money, about $300 million, to add more capacity to our mobility 
plan. And guess what this little 7-mile economic development plan 
costs? $300 million. We could do a lot more for that $300 million in 
improving the mobility of Houston.
  So contrary to what some people may think, the pool of Federal 
transportation dollars is not infinite. Spending billions on light rail 
will severely restrict the funds for highway improvements and other 
mobility improvements. Houston cannot afford to gamble on an unproven 
light rail system. So I ask Members to oppose this amendment and demand 
accountability in transportation spending.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, the amendment strikes a prohibition in this bill that 
was also carried in last year's bill, which prohibits the planning, 
design and construction of light rail in Houston. This prohibition is 
necessary as proponents of light rail in Houston seek to alter an 
existing full funding grant agreement for a bus program. Congress has 
fully funded that $500 million grant agreement.
  The last Federal payment was made this year. However, implementation 
of the work is still going on. Some in Houston would like to forego 
elements of the approved Houston regional bus plan, which are explicit 
components of the existing full funding grant agreement and instead 
replace these elements with light rail. The sponsors would defer the 
planned bus elements into the future. The committee cannot support the 
impact of this amendment. Under current law, funds provided for the 
existing full funding grant agreement are only for those regional bus 
plans outlined in the existing agreement. The Committee on 
Appropriations, authorizing committees, and the Department of 
Transportation all must approve an amendment of this nature.
  As we have heard here today, there is dissension among the community 
about this project. Members within the Houston delegation are on both 
sides of the issue, some supporting light rail, others opposing it in 
favor of buses. So until agreement can be reached, Mr. Chairman, at 
least locally, and some semblance of consensus occurs locally, it is 
premature to shift this funding, away from a completed full funding 
grant agreement; it is too early for that to take place.
  Houston has a state-of-the-art transit program, largely bus-driven. 
The light rail project is just one component of this larger transit 
program. Keeping this provision in place in our bill will not adversely 
impact the overall transportation system in Houston, particularly as 
the community has local funds that it could use to build this light 
rail project.
  Mr. Chairman, I strongly oppose this amendment.
  Mr. SABO. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I yield to my friend, the gentlewoman from Texas (Ms. 
Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the ranking member, 
the gentleman from Minnesota (Mr. Sabo), for yielding.
  Mr. Chairman, I appreciate the collegiate spirit on which we are 
debating this issue on the floor. For me, however, this is an intense 
issue that impacts an inner-city district.
  It is interesting, as I look through the funding and I see Chicago, 
Illinois, and Cleveland, Ohio; Dallas, Texas; Denver, Colorado; the 
Dulles Corridor; Fort Lauderdale; Largo, Maryland; Little Rock, 
Arkansas; Long Island Railroad, New York; Los Angeles; Maryland; New 
Britain, Hartford, Connecticut; New Jersey; New Orleans; Phoenix, 
Arizona; Pittsburgh, Pennsylvania; Portland, Oregon; Puget Sound, 
Washington; Raleigh, North Carolina, and others that are engaged in 
securing transit dollars and in particular many of them light rail 
projects.
  Can I say, what is wrong with Houston, Texas?
  I appreciate the opposition, but I am certainly disturbed that I can 
rise to the floor of the House and support the expansion which is in 
this bill, and time after time after time I cannot get colleagues that 
would join us in recognizing the importance of light rail. I give 
credit where credit is due, and I appreciate that we have been able to 
work together in a bipartisan way. This is not personal, but it 
certainly begs the question about some of the representations that have 
been made.
  First of all, Metro is seeking out the input of the community. They 
have a number of mayors surrounding the area that want light rail and 
have expressed it verbally and have expressed it openly and publicly. 
This is the first time that we have a county judge, a Republican, and 
the Mayor of the City of Houston joined together around light rail. We 
are seeking to earn the support of Houstonians. We would not do to 
overlook their input.
  The only reason that we did not have an election is because the 
county attorney, a Republican, said that we could not have an election 
because we were not offering funding from Metro in the 7-mile 
experimental light rail system that is in place now.
  The reason why we are using other funds is because it was suggested 
to us to use economic development funds. I can only say that I started 
out by saying I am an eternal optimist, but the Texas Southern 
University, University of Houston, downtown Houston and out into the 
suburbs have all come together suggesting that light rail is a people-
mover and an effective transit vehicle.
  Why are we standing here in the 21st century and having Houston 
denied? This is a viable amendment. I believe the delegation can sit 
down and have the issues resolved. Metro has been given the facts. They 
are seeking input from others. They are planning a comprehensive plan, 
and I do not know why an inner city has to be ignored and prevented 
from having the light rail system when all of us can come together on 
all kinds of large highways and byways and Members from the inner city 
can support it; but yet an inner-city district, economically in need, 
cannot have the light rail system that would then generate to all parts 
of our community, including the suburbs. For the first time, we have 
friends in the suburbs. We have friends in the inner city and 
surrounding areas all saying that they want light rail.
  I am distressed that we on the floor, this Congress, would deny 
Houston, Texas, the fourth largest city in the Nation, along with this 
long litany of other cities, the opportunity to design and construct 
its plan with the input of the larger body of citizens in our area. We 
have tried over and over again. I am going to come back here, if I am 
reelected, every single year and beg this House for light rail because 
I am appalled that Houston, Texas, would be isolated and segregated as 
opposed to all the rest of the people that are getting light rail.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson-Lee).
  The amendment was rejected.
  Mr. MICA. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I will be brief. I rise to engage the chairman of the 
committee in a colloquy regarding the Florida high speed rail project.
  Mr. Chairman, last November 7, the voters of Florida passed a State 
referendum requiring the construction of a statewide high speed rail 
system, and that provision is now a part of our State constitution. 
Unfortunately, the legislature did not pass the enabling legislation in 
time for the subcommittee's funding deadline, which was April 6. In 
fact, the Florida Senate passed the High Speed Rail Authority Act on 
May 2 and the Florida house on May 3.

[[Page 11949]]

Our Florida Governor signed this measure into law just a few weeks ago, 
on June 1.
  The State of Florida has now taken action to authorize and commit 
$4.5 million in State funds for high speed rail, and we respectfully 
ask the subcommittee's support and assistance and consideration in the 
future.
  Mr. Chairman, I hope that the gentleman from Kentucky (Mr. Rogers) 
will be able to work with my colleagues in the Florida delegation and 
help us identify and secure funding for this project, which also has 
been authorized under one of the high speed rail corridors.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. MICA. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, let me thank the gentleman from 
Florida (Mr. Mica) for offering his comment. We would be pleased to 
work with the gentleman as this transportation bill moves through the 
appropriations process, especially as the gentleman is the chairman of 
a very important subcommittee over there on the Committee on 
Transportation and Infrastructure.
  Mr. MICA. Mr. Chairman, I prepared an amendment to earmark funds for 
fiscal year 2002 funds for the Florida project, but I will not offer 
that amendment today. I want to thank the chairman for his intention to 
work with us on this project. It is most important to the people of 
Florida.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs. 
Emerson) having assumed the chair, Mr. Camp, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes, had come to no resolution thereon.

                          ____________________



                          LEGISLATIVE PROGRAM

  (Mr. YOUNG of Florida asked and was given permission to address the 
House for 1 minute.)
  Mr. YOUNG of Florida. Madam Speaker, I wanted to announce to the 
membership that it is my intention to file the fiscal year 2002 energy 
and water development appropriations bill this afternoon, which we will 
do following this colloquy; that the Committee on Rules has agreed to 
meet this afternoon at 5:00 to receive testimony to grant a rule on 
that bill. The House would then consider the energy and water 
appropriations bill sometime midday tomorrow; and I say midday because 
in the morning two subcommittees of the Committee on Appropriations 
will mark up their bills. It will be midday before we could get to the 
energy and water bill.
  With respect to the agriculture bill, it is my intention not to file 
the fiscal year 2002 agriculture, rural development, Food and Drug 
Administration and related agencies appropriation bill until the apples 
issue is resolved. If an agreement can be reached on apples, I would 
expect to file the agriculture appropriations bill tomorrow.
  The Committee on Rules would then meet tomorrow evening to report the 
rule, and the House could work into the evening on Thursday night, 
hoping to complete that bill before adjourning for the July 4 recess.
  I share the Members' desire to finish the agriculture bill by 
midnight Thursday or earlier if possible. In order for us to meet this 
ambitious schedule, it will require the cooperation of all of our 
colleagues in the House, and, of course, the cooperation of the 
Committee on Rules, which is always cooperative.
  In order for the House to complete action on the agriculture bill, I 
would expect that the gentleman from Wisconsin and his leadership would 
be prepared to enter into time agreements, as we have on previous 
appropriations bills, and limitations on amendments to be offered on 
the agriculture appropriations bill. Since we all would like to get 
home to our districts for the 4th of July holiday, we desire not to 
have a hard drive into the wee hours of the morning Friday to finish 
the work. Rather, if necessary, we could complete the work on the 
agriculture bill when we return in July.
  Mr. OBEY. Madam Speaker, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Madam Speaker, I thank the gentleman from Florida (Mr. 
Young) for his statement.
  Madam Speaker, essentially for the benefit of the Members, what that 
means is that we would expect tomorrow after the committee is finished 
with its work in committee to finish action on the energy and water 
bill, which is being filed right now, and which will be in the 
Committee on Rules very shortly. On Thursday, if the agriculture bill 
is brought to the floor, we will work out time agreements and try to 
get as much done as possible, hope to finish. If we do not, it can be 
finished whenever the leadership decides it ought to be dealt with, and 
that would mean that Members would have notice that we would not be in 
session on Friday. Is that right?
  Mr. YOUNG of Florida. The gentleman is correct. It is our intention 
if, in fact, we are able to take up the agriculture appropriations bill 
that we will do the best we can to complete it Thursday night; but we 
will not go into, as has been referred to so many times, the dark of 
night to try to finish it. We would try to finish it at an early time. 
We will not go into 2:00 or 3:00 or 4:00 in the morning.
  The gentleman is correct, the majority leader has agreed that there 
would be no session on Friday; that we could complete the agriculture 
bill, if necessary, when we return.

                              {time}  1700

  Mr. OBEY. If the gentleman will yield further, it is also my 
understanding, frankly, that there will be not all that extended a 
discussion tomorrow on the energy and water bill. I think it is 
relatively uncontroversial. So I understand the majority party has an 
event tomorrow evening, and it would certainly be our understanding we 
would be finished well in time for that to occur.
  Mr. YOUNG of Florida. Madam Speaker, reclaiming my time, the 
gentleman is correct. We do not anticipate a lengthy debate on the 
energy and water bill, which the gentleman from Alabama (Mr. Callahan) 
will file here very shortly. In the full committee it was handled 
expeditiously, and I believe the same thing would happen on the floor 
tomorrow. But, understand, the Committee on Appropriations has two 
markups in the morning, so we cannot get to that bill on the floor 
until those two markups are completed.
  Mr. OBEY. Madam Speaker, if the gentleman will yield further, I thank 
the gentleman. I think that the Members will appreciate the 
information.

                          ____________________



 REPORT ON H.R. 2311, ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 
                                  2002

  Mr. CALLAHAN, from the Committee on Appropriations, submitted a 
privileged report (Rept. No. 107-112) on the bill (H.R. 2311) making 
appropriations for energy and water development for the fiscal year 
ending September 30, 2002, and for other purposes, which was referred 
to the Union Calendar and ordered to be printed.
  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to clause 1 of rule 
XXI, all points of order are reserved on the bill.

                          ____________________



 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2002

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to House Resolution 
178 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the further consideration 
of the bill, H.R. 2299.

[[Page 11950]]



                              {time}  1702


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2299) making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes, with Mr. Camp in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the 
bill was open for amendment to page 53 line 12, through page 53 line 
17.
  Mrs. MALONEY of New York. Mr. Chairman, I move to strike the last 
word to engage the chairman of the Committee on Appropriations 
Subcommittee on Transportation in a colloquy.
  Mr. Chairman, I note that the subcommittee's recommendation for the 
New Starts program does not include any funding for the Second Avenue 
Subway in New York City. This is an important transportation investment 
planned in the metropolitan area, and it is vitally necessary to ensure 
fluid transit in an already over-congested metropolitan area. The 
project received $3 million for continued analysis and design in fiscal 
year 2001.
  I understand that the subcommittee's recommendation provides funding 
for only those projects that have full funding grant agreements in 
place, are likely to have full funding grant agreements in place in the 
very near future, or are in final design. While the Second Avenue 
Subway does not meet this criteria, it is important that the analysis 
and design continue on this important project. The MTA assures me that 
the project will be in preliminary design by the end of fiscal year 
2001.
  The State and the MTA have made a major commitment for the project 
and have included $1.05 billion in the MTA's capital budget.
  I ask the chairman that if the Senate were to include an 
appropriation for the Second Avenue Subway in its fiscal year 2002 
Department of Transportation and Related Agencies Appropriations bill, 
that the subcommittee be accommodating to the greatest extent possible 
to ensure that Federal funding for this project is continued in fiscal 
year 2002.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentlewoman yield?
  Mrs. MALONEY of New York. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I appreciate the gentlewoman's 
commitment to this project, and her observations about the criteria the 
subcommittee used in developing its recommendations are accurate. The 
subcommittee had an enormous number of requests for new light rail 
transit systems that we simply could not accommodate. We did not have 
the money. Unfortunately, we had to say ``sorry'' quite a bit this 
year.
  I can assure the gentlewoman that should the Senate include funding 
for the subway in its version of the bill, that we will give it every 
consideration.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 330. None of the funds made available in this Act may 
     be used for engineering work related to an additional runway 
     at New Orleans International Airport.
       Sec. 331. None of the funds appropriated by this Act shall 
     be used to propose or issue rules, regulations, decrees, or 
     orders for the purpose of implementation, or in preparation 
     for implementation, of the Kyoto Protocol which was adopted 
     on December 11, 1997, in Kyoto, Japan at the Third Conference 
     of the Parties to the United Nations Framework Convention on 
     Climate Change, which has not been submitted to the Senate 
     for advice and consent to ratification pursuant to article 
     II, section 2, clause 2, of the United States Constitution, 
     and which has not entered into force pursuant to article 25 
     of the Protocol.


                     Amendment Offered by Mr. Olver

  Mr. OLVER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Olver:
       Page 54, line 7, insert before the period at the end the 
     following: ``, except that this limitation does not apply to 
     activities related to the Kyoto Protocol that are otherwise 
     authorized by law (including those activities authorized by 
     the United Nations Framework Convention on Climate Change 
     with respect to which the Senate gave its advice and consent 
     to ratification in October 1992)''.

  Mr. OLVER. Mr. Chairman, I rise reluctantly, because this bill is an 
excellent bill, and I respect very much the work of the chairman of the 
subcommittee, the gentleman from Kentucky (Mr. Rogers), as well as my 
ranking member on the subcommittee, the gentleman from Minnesota (Mr. 
Sabo), but I do take exception to the language of section 331.
  The language in section 331 is language which has been included 
several times over the last few years, at a time when it was 
legitimately believed by the majority that the President in charge of 
the executive departments would have conducted the very actions which 
are prescribed by section 331 in the present legislation.
  On the other hand, President Bush has made it clear that he has no 
intention of implementing the Kyoto Protocol as it has been worked out, 
and has even used much stronger language, that the Kyoto protocol is 
``dead.'' So, at the very least, the language is unnecessary and shows 
perhaps a disbelief in the President's intentions and the President's 
word, which I am sure the majority does not mean to show.
  I would like to point out that just slightly more than 1 month ago, 
that this House adopted in the Foreign Relations Authorization Act, 
which was passed on May 16, a sense of the Congress section relating to 
global warming, and that sense of Congress pointed out that global 
climate change poses a significant threat to national security; that 
most of the observed warming over the last 50 years is attributable to 
human activities; that global average surface temperatures have risen 
since 1861; that in the last 40 years the global average sea level has 
risen, ocean heat content increased, and snow cover and ice extent have 
decreased, which threatens to inundate low-lying Pacific Island nations 
and coastal regions throughout the world; and pointed out at that time 
that the United States has ratified the United Nations framework on 
climate change, which framework, ratified in 1992 by the Senate, was 
proposed for ratification by then President George Herbert Walker Bush 
to be ratified and was ratified by the Senate and took full effect in 
1994, that, quoting from that, ``the parties to the convention are to 
implement policies with the aim of returning to their 1990 levels of 
anthropogenic emissions of carbon dioxide and other greenhouse 
gasses,'' and, to continue, ``that developed country parties should 
take the lead in combatting climate change and the adverse effects 
thereof.''
  So, in that sense, we already have adopted by this Congress the 
language that I have offered in the amendment, which is a clarifying 
amendment, the amendment merely saying that the limiting language 
should not relate, should not apply, to activities that are otherwise 
authorized by law, nor to those activities that are authorized by the 
United Nations Framework Convention on Climate Change with respect to 
which the Senate gave its advice and consent; and we have a full 
ratification of that treaty, the United Nations Framework Convention.
  So my amendment suggests that the activities that are related to that 
framework convention as ratified in 1992 are in no way proscribed by 
the language of section 331. So it is additional language to limit the 
limitation or to explain that limitation.
  By the way, Mr. Chairman, it is my intent at the appropriate time to 
withdraw this amendment. I just wanted to bring it to the attention of 
the House, that we have a series of activities that we should not be 
proscribing, that those which are previously authorized by law and 
those that are part of the already ratified treaty of the United 
Nations Framework Convention on Climate Change should not be 
proscribed. So I intend to withdraw the amendment at the appropriate 
time.
  Mr. GILCHREST. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I would hope that as we move through the appropriations 
process, that those of us who have a different opinion about climate 
change, for whatever reason, and continue to put language in the 
appropriations

[[Page 11951]]

bills that, however you want to describe it, ties agencies' hands to 
discussing the issue, implementing policy that might not be related to 
Kyoto, but something that the United States wants to do, I would hope 
that Members can sit down at a breakfast, at a dinner, those of us who 
have different opinions on this issue, and discuss that issue, so that 
we can come to a more friendly agreement on how to proceed and assume 
and accumulate more knowledge on this issue and understand each other's 
positions and why.
  Mr. Chairman, this country has not prospered for over 200 years 
because of gagged restraint on the part of its citizens and its 
agencies; this country has prospered because of the accumulation of 
knowledge and wisdom and information and initiative.
  What I would like to do for the Members present is to just discuss 
some of the undisputed facts about climate change. One is 
scientifically sound. Over the last 10,000 years, the planet has warmed 
1 degree centigrade every 1,000 years, except in the last 100 years, 
especially the last 50 years, this country has warmed 1 degree 
Fahrenheit in less than 100 years. So there is a dramatic shift in the 
warming that corresponds to the amount of CO2 and other 
greenhouse gasses as a result of human activity.
  The polar ice caps, in about 50 years, if the present trend 
continues, will be gone. The North Pole, the polar ice caps, glaciers 
are receding around the globe. We are releasing into the atmosphere 
CO2 in decades what took nature millions of years to lock 
up.

                              {time}  1715

  Mr. Chairman, CO2 is a natural greenhouse gas that deals 
with the heat balance of the planet, and it took millions of years to 
lock up a lot of this CO2 as a result of dying vegetation 
and so on and so forth. Now, we have been releasing that same amount of 
CO2 in decades, so it has some impact. There is more 
CO2 in the atmosphere now than there has been in the last 
400,000 years.
  Now, just one last fact, Mr. Chairman. CO2 makes up about 
.035 percent of the atmosphere. That is a tiny fraction of our whole 
atmosphere. Yet that tiny amount has an extraordinary effect on the 
heat balance of the planet. We are warm in a tiny, thin sheen of 
atmosphere that covers the earth.
  Now, any change in that, which is fairly dramatic that we are seeing, 
will have an effect on the change of the climate. So basically, human 
activity, because of what we are doing, is having an effect on the 
climate and 95 percent of the international scientists and 16 
scientists from the U.S. just took up overview of this situation with 
an international panel on climate change, and 15 out of the 16 said 
there is no mistake that human activity is having an effect on the 
climate.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I love his theory, but one thing I 
would ask the gentleman. Two years ago I was in New Mexico standing and 
overlooking a huge ice action and the gentleman with me said, you know, 
think about it, Congressman, 12 million years ago there was 284 feet of 
ice where you are standing. I never will ask how the ice got there, but 
it was there, and that has scientifically been proven.
  But I will ask the gentleman from Maryland, what melted that ice all 
the way back to the North Pole when our activity is less than 4,000 
years? So I want to ask the gentleman, what melted it all the way back 
there? It always intrigues me about the idea of how arrogant we are 
thinking we are the real problem for all of the problems that occur on 
this earth.
  The CHAIRMAN. The time of the gentleman from Maryland (Mr. Gilchrest) 
has expired.
  (On request of Mr. Young of Alaska, and by unanimous consent, Mr. 
Gilchrest was allowed to proceed for 1 additional minute.)
  Mr. GILCHREST. Mr. Chairman, I yield to the gentleman from Alaska 
(Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, the oil that we are going to drill 
and the gentleman from Maryland is going to help me drill in Alaska if 
he has any wisdom at all; in fact, when we drill, we do not drill 
through rock up there, we drill through ferns, tree trunks, elephants, 
all the way down to the bottom to get to the oil.
  Now, if we are to follow the gentleman's theory and there is not 
going to be any change and we are the fault of all of it, then why did 
this always occur in the past? We take a great deal upon ourselves 
saying it is our fault because of this global warming when, in reality, 
if we look at the past history of this earth, it was warm at one time, 
it was very, very cold at one time; and that was before mankind had 
anything to do with it.
  So before we jump off the cliff, let us understand one thing: we may 
not be as important as the gentleman thinks we are.
  Mr. GILCHREST. Mr. Chairman, reclaiming my time, if I could just 
respond to the chairman, I am going to go off that cliff in a very 
gentle way. I am not leaping off that cliff; I am looking to see what 
is at the bottom.
  The CHAIRMAN. The time of the gentleman from Maryland (Mr. Gilchrest) 
has again expired.
  (By unanimous consent, Mr. Gilchrest was allowed to proceed for 1 
additional minute.)
  Mr. GILCHREST. Mr. Chairman, there has been change in the climate 
ever since we have been a planet and the cycle has run over many 
millions of years and a quick cycle would be 10,000 years. Human beings 
have a right to live on the planet and to improve the standard of 
living as best we can, but we also have a responsibility to understand 
the nature of our impact on the natural processes so that future 
generations, which will be our grandchildren and great grandchildren, 
will not deal with a situation that is more difficult than what we 
have.
  In the last 10,000 years, as a natural consequence of nature, we have 
warmed about 1 degree centigrade every 1,000 years. But in 
correspondence to the internal combustion and burning fossil fuels, we 
have warmed almost that amount in 100 years. So simple observation, to 
me, says we ought to take a look at that acceleration of that warming 
rate.
  Mr. OBERSTAR. Mr. Chairman, I move to strike the last word.
  Regrettably, I came in the middle of this debate and did not have the 
advantage of hearing the earlier comments. I did hear the remarks of 
our committee chairman, the gentleman from Alaska, and those very 
thoughtful remarks of the gentleman from Maryland.
  There is incontrovertible scientific evidence that we are 
experiencing widespread climate change around the globe. The polar ice 
cap, the Arctic region, has shrunk by 40 percent, releasing enormous 
amounts of colder water into the great ocean circulating current, the 
great hyaline circulating current that starts in the Arctic with a 
volume equal to the discharge of all of the rivers of the world in a 
second. Mr. Chairman, 2 million cubic meters per second, moving cold 
water of the ocean from the Arctic all the way down the Atlantic coast 
of the United States, the south Atlantic, into the Pacific and then 
circulating back up to the Arctic. That great ocean circulating current 
from time to time disappears. The world enters an ice age, and it 
occurs on regular currents of about 100,000 years.
  It also occurs with a tilt of the earth's axis a half a degree away 
further from the sun than it does now. That last occurrence made of the 
disappearance of the circulating current was followed by a warming 
period that ended with the great Ice Age, which itself ended over 
10,000 years ago and was followed by the lesser Ice Age, the period of 
roughly 1,300 to 1,400 in the modern era. And then about 750 years ago 
we experienced another lesser ice age known as the Younger Dryas.
  We are now in a period of extended warming. We are beyond those ice 
age periods and into a new cycle of climate. As the atmosphere has 
warmed and as the surface of the waters of the Pacific Ocean have 
warmed more than a centigrade degree since the beginning of this 
century, the ocean waters are expanding. As they warm, they expand, and 
so

[[Page 11952]]

is it happening with the Atlantic waters. And as those waters expand 
and as the atmosphere is warmer, it holds for every degree of 
temperature 6 percent more moisture. And with more moisture in the 
atmosphere, more of a collision of warm and cold forces, we are seeing 
these violent storms. Fifteen years ago, we did not pay more than $1 
billion a year in disaster assistance programs. Within the last 5 
years, we have expended over $5 billion a year, and last year with the 
private insurance and the public funds, expended over $100 billion 
responding to natural disasters. It is incontrovertible that serious 
things are happening in our climate. And what has changed is not the 
forces of nature, but man's application to them.
  The gentleman from Maryland said we have contributed the carbon into 
the atmosphere. There is more carbon in the atmosphere today than at 
any time in the last 420,000 years. That carbon causes warming. That is 
the conclusion of 500-plus scientists gathered in the U.N. in the year 
of the environment in a multi-volume report that was submitted.
  Mr. Chairman, we cannot stick our heads in the sand and ignore these 
facts. We cannot ignore the relentless movement of forces in nature, 
the melting polar ice pack in the Arctic and the ice pack of Antarctica 
that are increasing the volume of the oceans by warming of the surface 
temperature of the Atlantic and the Pacific Oceans. They are causing 
warming in the atmosphere and more moisture in the atmosphere, more 
carbon in the atmosphere; and only we can change it, by slowing down 
the destruction of the tropical forests, increasing sustainable-yield 
forestry in the United States, and reducing our use of carbon. We ought 
to have that study, and we ought to have this debate. Five minutes is 
no serious time in which to do it.
  Mr. SMITH of Michigan. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I want to share with my colleagues a few facts about 
climate change that have not gotten much press. The main point is 
uncertainty. There is still a great deal that we do not know or do not 
well understand about our global climate. For every study that seems to 
tell us something, there is another that confounds the previous 
conclusions. Uncertainty is a normal and maybe important part of the 
scientific process, but it is a part that the media are not comfortable 
with and so rarely report on. To its credit, The New York Times ran a 
piece last week entitled, ``Both Sides Now: New Way That Clouds May 
Cool,'' which noted that science is uncertainty, and how that 
uncertainty can dramatically change climate models.
  Clouds have long been a source of uncertainty in climate studies. 
Certain gases generated by the burning of fossil fuels, such as carbon 
dioxide, are widely held to play a role in warming the planet by 
trapping heat. However, aerosols, also produced from fossil fuels, have 
been found to contribute to the cooling of the planet by affecting the 
development of clouds that reflect sunlight, and thus it reflects heat 
away from the planet.
  Now, before we pass legislation meant to curb global warming, we need 
to understand better which human activities affect those and other 
processes. It seems, and I would suggest, the most important point to 
take from the recent round of reports is that our climate is a very 
complex system that is not well understood. As chairman of our 
Subcommittee on Research of the Committee on Science, we have held 
several hearings on this subject; and it is almost universally agreed 
by those testifying before our committee that scientific evidence and 
knowledge is lacking.
  Our best intentions can very easily produce the wrong outcome. 
Fredrick Seitz, former president of the National Academy of Sciences, 
did a piece for the Washington Times last week on this very point. Let 
me quote from that article entitled ``Beyond the Clouds of Fright.'' 
Quote: ``The science of climate change today does not call for rash 
action that could wreak havoc with economies worldwide and even cause 
worse damage to the environment over time.'' He also cautioned that 
``researchers shouldn't be pressured by politics or encouraged by 
publicity to find a particular answer. They should be given the space, 
the time, the funding and the support to seek and find the truth.''
  So in conclusion, I would like to urge my colleagues to resist the 
temptation to jump on the bandwagon of climate change before we better 
understand the science and better know the consequences of our actions. 
I understand the ranking member has a perfecting amendment that might 
help us, help guide us.
  Mr. INSLEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, modest uncertainty is not an excuse for major inaction. 
When the captain of the Titanic steamed out and just kept going 
straight at the same speed because he was not sure if there was an 
iceberg there, because he was uncertain if there was an iceberg there, 
that was a mistake. And this body, with the language in this bill, 
which now continues to ignore this problem of global climate change, is 
a major mistake.
  I am just going to ask my friends across the aisle to look at two 
things that happened today within a quarter mile of this building. 
Number one, The Washington Post, headline this morning: ``Penguins In 
Major Decline. Fifty percent of these stocks are disappearing in the 
Antarctic.''

                              {time}  1730

  Why? Because they have had a reduction of ice in the Antarctic, a 
death of the crill population that penguins rely on and a potential 
huge collapse in a couple of their populations.
  It happened today. I am just going to ask people across the aisle to 
not adopt the attitude of the ostrich and ignore these facts.
  Number two, right now, 200 yards from now, are two fuel-cell-driven 
cars, one manufactured by the Ford Company, that run on fuel cells and 
emit water instead of carbon dioxide in their emissions.
  We, and I mean we, have the potential if we get together to emphasize 
research in these new technologies, we are going to lead the world, 
instead of the laughingstock of the world, of the country that refuses 
to be anything but an ostrich on this issue.
  Mr. Chairman, I am going to ask at some point that we work together 
to lead the world. We did not have to wait for the rest of the world to 
do a clean air bill. We did not have to wait for the rest of the world 
to do a clean water bill. We ought to lead the world on global climate 
change. That is the right approach.
  Mr. Chairman, I look forward to the time we can do that on a 
bipartisan basis.
  Mr. OLVER. Mr. Chairman, I ask unanimous consent to strike the 
requisite number of words.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Massachusetts?
  There was no objection.
  Mr. OLVER. Mr. Chairman, I will be very brief this time. In section 
331, it refers to a limitation in the use of funds in this legislation 
to implement in a broad way, in any kind of way, the Kyoto Protocol, 
which has never been ratified by the Senate of this Nation, nor by any 
of the other major signatories to the original Protocol for that 
matter.
  My amendment merely says that the limitation which would remain does 
not include activities related to the Protocol which are otherwise 
authorized by law, nor activities that are authorized by the United 
Nations Framework Convention on Climate Change, which is the treaty 
that was negotiated back in 1991 and 1992, and sent to the Senate for 
ratification by former President George Herbert Walker Bush, and was 
ratified by the Senate and has the full force of law.
  Mr. Chairman, it merely removes the limitation from otherwise-
authorized-by-law activities in this area. It is my intent to withdraw 
the amendment.
  Before I do withdraw my amendment, I know that we could probably 
generate a long discussion here, which

[[Page 11953]]

none of us really want, but I would ask the gentleman from Kentucky 
(Chairman Rogers) if the gentleman would be willing to work with the 
groups that are obviously showing their interest in this and come up 
with something that might address these concerns in the conference that 
will come forward.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OLVER. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I will be happy to consider it 
as time passes, but I was sort of hoping, can we have some more 
discussion of this?
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Sec. 332. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 333. Notwithstanding any other provision of law, 
     States may use funds provided in this Act under section 402 
     of title 23, United States Code, to produce and place highway 
     safety public service messages in television, radio, cinema, 
     and print media, and on the Internet in accordance with 
     guidance issued by the Secretary of Transportation: Provided, 
     That any State that uses funds for such public service 
     messages shall submit to the Secretary a report describing 
     and assessing the effectiveness of the messages.
       Sec. 334. Notwithstanding section 402 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1982 
     (49 U.S.C. 10903 nt), Mohall Railroad, Inc. may abandon track 
     from milepost 5.25 near Granville, North Dakota, to milepost 
     35.0 at Lansford, North Dakota, and the track so abandoned 
     shall not be counted against the 350-mile limitation 
     contained in that section.


                             Point of Order

  Mr. OTTER. Mr. Chairman, I make a point of order against all of 
section 334 beginning on page 55, line 6, and ending on line 13.
  The CHAIRMAN. Does the gentleman from Kentucky (Mr. Rogers) wish to 
be heard on the point of order?
  Mr. ROGERS. Mr. Chairman, we concede the point of order.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order.
  The point of order is conceded and sustained under clause 2, rule 
XXI. The provision is stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 335. Beginning in fiscal year 2002 and thereafter, the 
     Secretary of Transportation may use up to 1 percent of the 
     amounts made available to carry out 49 U.S.C. 5309 for 
     oversight activities under 49 U.S.C. 5327.
       Sec. 336. Amtrak is authorized to obtain services from the 
     Administrator of General Services, and the Administrator is 
     authorized to provide services to Amtrak, under sections 
     201(b) and 211(b) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal 
     year 2002 and each fiscal year thereafter until the fiscal 
     year that Amtrak operates without Federal operating grant 
     funds appropriated for its benefit, as required by sections 
     24101(d) and 24104(a) of title 49, United States Code.
       Sec. 337. Item number 1348 in the table contained in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 269) is amended by striking ``Extend West 
     Douglas Road'' and inserting ``Construct Gastineau Channel 
     Second Crossing to Douglas Island''.
       Sec. 338. None of the funds in this Act may be obligated 
     for the Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 339. For an airport project that the Administrator of 
     the Federal Aviation Administration (FAA) determines will add 
     critical airport capacity to the national air transportation 
     system, the Administrator is authorized to accept funds from 
     an airport sponsor, including entitlement funds provided 
     under the ``Grants-in-Aid for Airports'' program, for the FAA 
     to hire additional staff or obtain the services of 
     consultants: Provided, That the Administrator is authorized 
     to accept and utilize such funds only for the purpose of 
     facilitating the timely processing, review, and completion of 
     environmental activities associated with such project.


                             Point of Order

  Mr. OTTER. Mr. Chairman, I make a point of order against all of 
section 339 beginning on page 56, line 16, and ending on page 57, line 
2.
  The CHAIRMAN. Does the gentleman from Kentucky (Mr. Rogers) wish to 
be heard on the point of order?
  Mr. ROGERS. Mr. Chairman, we concede the point of order.
  The CHAIRMAN. The gentleman from Kentucky concedes the point of 
order.
  The point of order is conceded and sustained under clause 2, rule 
XXI. The provision is stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 340. Item 642 in the table contained in section 1602 
     of the Transportation Equity Act for the 21st Century (112 
     Stat. 298), relating to Washington, is amended by striking 
     ``construct passenger ferry facility to serve Southworth, 
     Seattle'' and inserting ``passenger only ferry to serve 
     Kitsap County-Seattle''.
       Sec. 341. Item 1793 in section 1602 of the Transportation 
     Equity Act for the 21st Century (112 Stat. 298), relating to 
     Washington, is amended by striking ``Southworth Seattle 
     ferry'' and inserting ``passenger only ferry to serve Kitsap 
     County-Seattle''.
       Sec. 342. Item 576 in the table contained in section 1602 
     of the Transportation Equity Act for the 21st Century (112 
     Stat. 278) is amended by striking ``Bull Shoals Lake Ferry in 
     Taney County'' and inserting ``Construct the Missouri Center 
     for Advanced Highway Safety (MOCAHS)''.
       Sec. 343. The transit station operated by the Washington 
     Metropolitan Area Transit Authority located at Ronald Reagan 
     Washington National Airport, and known as the National 
     Airport Station, shall be known and designated as the 
     ``Ronald Reagan Washington National Airport Station''. The 
     Washington Metropolitan Area Transit Authority shall modify 
     the signs at the transit station, and all maps, directories, 
     documents, and other records published by the Authority, to 
     reflect the redesignation.


                Amendment No. 5 Offered by Mr. Traficant

  Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment no. 5 offered by Mr. Traficant:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following new section:
       Sec.   . None of the funds appropriated or otherwise made 
     available in this Act may be made available to any person or 
     entity convicted of violating the Buy American Act (41 U.S.C. 
     10a-10c).

  Mr. TRAFICANT. Mr. Chairman, I would just like to say the worst thing 
about global warming would be a German transit system in the City of 
New York that focuses on the violations that occur in the Buy American 
Act. The language is straightforward.
  Mr. Chairman, I yield to the distinguished gentleman from Kentucky 
(Chairman Rogers), who has produced a fine work product.
  Mr. ROGERS of Kentucky. Mr. Chairman, the Traficant amendment is a 
good one. We accept it.
  Mr. TRAFICANT. Mr. Chairman, I yield to the distinguished gentleman 
from Minnesota (Mr. Sabo), the ranking member.
  Mr. SABO. Mr. Chairman, we accept the amendment.
  Mr. TRAFICANT. Mr. Chairman, I ask for a vote in the affirmative.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Traficant).
  The amendment was agreed to.
  Mrs. MALONEY of New York. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I want to thank the Committee on Transportation and 
Infrastructure for the $250,000 for the Long Island City Links project 
and acknowledge the importance of this project and also to express my 
appreciation.
  Mr. Chairman, I include the following list for the Record of 
developments in this growing economy:
  I am tremendously pleased that the House Transportation 
Appropriations bill includes $250 thousand dollars for the Long Island 
City

[[Page 11954]]

Links project, to improve transit connections and pedestrian paths in 
an area of New York City that is experiencing tremendous economic 
growth.
  These improvements are a vital part of our efforts to make Long 
Island City not only one of the best places to work in the region, but 
also a beautiful and livable residential neighborhood.
  Long Island City Links will immeasurably improve the quality of life 
for residents in the area by reducing traffic and increasing air 
quality and providing public parks and walkways.
  Long Island City, Mr. Chairman, is one of the fastest growing regions 
in New York City.
  Here are just a few of the recent developments in this growing 
economy:


                         business moves to LIC

  MetLife brings almost 1,000 jobs to northwest Queens--MetLife 
recently decided to relocate almost 1000 employees in about six months 
to the renovated, six-story Bridge Plaza North. This move is expected 
to attract more businesses to this area by drawing attention to the 
convenient 15-minute commute to midtown Manhattan. MetLife plans to add 
another 550 jobs in the city during the 20-year term of its lease.
  The FAA has plans to develop a new Regional Headquarters in the area.
  Construction is already underway for a new FDA laboratory.
  International Firms such as Citicorp and British Airways already have 
major operations in the borough as well as Chubb who opened a backup 
facility in the area for Wall Street brokerage and financial firms.
  Established Companies in the area, such as Eagle Electric, 
Continental Bakeries, and Schick Technologies, are continually growing 
and expanding.
  Recently welcomed retail chains include Home Depot, Tops Appliance 
City, Costco, Caldor, Kmart, Sears, the Disney Store, Barnes & Noble, 
Marshall's, Conway, Ethan Allan, Staples, Circuit City, and Bed, Bath & 
Beyond with a CompUSA already being planned for the near future.
  With this growth in business and the economy in Long Island City it 
is absolutely vital that we move forward with community enhancements 
like public parks, transportation enhancements, and quality of life 
improvements for all residents in the neighborhood.


                    Amendment Offered by Mr. Schiff

  Mr. SCHIFF. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Schiff:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following new section:
       Sec.   . None of the funds in this Act may be used for the 
     planning, design, development, or construction of the 
     California State Route 710 freeway extension project through 
     El Sereno, South Pasadena, and Pasadena, California.

  Mr. SCHIFF (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. SCHIFF. Mr. Chairman, this amendment precludes funding for a 
highway project in my district.
  Mr. Chairman, I want to thank the gentleman from Kentucky (Chairman 
Rogers) and the gentleman from Minnesota (Mr. Sabo) and their staff for 
help on this amendment.
  Mr. Chairman, I urge a yes vote on the amendment which passed in 
prior years on a bipartisan voice vote.
  Mr. Chairman, I have an amendment at the desk.
  For the last 2 years, the Transportation appropriations bill has 
included a provision to prohibit the expenditure of Federal funds on 
the California State Route 710 freeway extension project in Southern 
California.
  My amendment would extend that ban for one additional year.
  The 4.5 mile freeway extension would cost more than $1.5 billion--
with 80 percent of the cost federally funded.
  In lieu of the 710 freeway extension, which would deliver speculative 
traffic benefits at a cost far too high to the communities I represent, 
I encourage the support of local surface traffic mitigation measures 
proposed by experts in the communities of Pasadena, South Pasadena and 
El Sereno.
  In addition to $10.3 million in state funds I secured from Caltrans 
for local congestion relief, Congress has set aside $46 million in 
federal funds for these measures that will significantly and 
expeditiously relieve congestion in the extension corridor in Pasadena, 
South Pasadena, El Sereno and Alhambra.
  I am also pleased to note that the Transportation bill at my request 
and others, includes more than 7 million in funding for the Los Angeles 
to Pasadena Blue Line, a light rail project that will bring congestion 
relief and clean air benefits to the entire region.
  I urge a ``yes'' vote on this amendment, and I thank the Chairman and 
Ranking Member for their support.
  Mr. CHAIRMAN. Is there anyone seeking time on the amendment?
  Mr. ROGERS. Mr. Chairman, we accept the amendment.
  Mr. SABO. Mr. Chairman, we accept the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Schiff).
  The amendment was agreed to.


                     Amendment Offered by Mr. Sabo

  Mr. SABO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Sabo:
       At the end of the bill, insert after the last section 
     (preceding the short title) the following new section:
       Sec.   . None of the funds in this Act may be used to 
     process applications by Mexico-domiciled motor carriers for 
     conditional or permanent authority to operate beyond the 
     United States municipalities and commercial zones adjacent to 
     the United States-Mexico border.

  Mr. SABO. Mr. Chairman, we had a long discussion on the rule today, 
and the amendment I had offered I requested be made in order. It was 
not made in order, and the rule was not changed, so we have to offer 
the amendment in a different form.
  This is a very simple amendment. I wish it could be more complicated, 
but because of the action of the Committee on Rules and the action in 
the House, I cannot offer a more complicated amendment.
  This one simply prohibits funding to process the applications of 
Mexico-domiciled motor carriers for either conditional or permanent 
authority to operate throughout the United States beyond the current 
20-mile commercial zone.
  Let me say that I thought the amendment that we had earlier clearly 
was NAFTA-compliant. This probably is not, because it is a total 
prohibition, but I know of no other way for us to deal with this issue 
on the floor. I think we should deal with it.
  Let me review where we are at this point. The Committee on Rules did 
not make our amendment in order. We heard a great deal about the money 
that we were going to make available for facilities and inspectors in 
this bill. A significant part of that money has been struck. Today I 
think close to $90 million for inspectors and facilities have been 
struck by points of order.
  Mr. Chairman, I was a strong supporter of the action of our Chair in 
putting that money in the bill. I thought it was the appropriate thing 
to do. I thought that was a significant step forward, but not far 
enough. I thought the best solution to a very troubling situation was 
both to do preinspection of the carriers, plus add to our capacity to 
inspect individual trucks.
  The reality is at this point in the bill, most of that money has 
disappeared, and I have no option to offer an amendment that calls for 
preinspection. I think the only way we can address this issue in the 
House, keep it alive for conference, indicate to the administration and 
to the Senate that we want to make sure that we do the utmost to 
protect safety, is to adopt this limitation which is strong and 
outright. It gives us the action from a point of strength of dealing 
with the issue of truck safety for all the trucks that are going to be 
coming here from Mexico as we move on in this process.
  Let me say as it relates to some of the money that was struck, the 
administration plans to do 18 months review. Let me simply suggest that 
even if that money had stayed in the bill, particularly the money for 
building new facilities, probably very little of that would have been 
spent within the next 18 months, because it will take a significant 
period of time to build facilities. Clearly that money would not have 
been spent by January 1 of this year.
  Mr. Chairman, I ask for support of this amendment. It is clear. It is

[[Page 11955]]

straight to the point. It says that we are not going to permit these 
carriers to operate beyond the existing 20-mile commercial zone.
  Mr. Chairman, I fully understand that as this moves through the 
process, this will need to be revised, but it is the only option we 
have to deal with this important safety question for the American 
people.
  Mr. ROGERS of Kentucky. Mr. Chairman, I rise in opposition to the 
amendment.
  Mr. Chairman, let us understand where we are here. I did not vote for 
NAFTA. I opposed NAFTA, but it passed. It is now the law of the land. 
It is the treaty between our neighbors and us. This provision is in 
direct violation of a United States treaty with our neighbors.
  I am referring to a letter of June 12 from the Secretary of 
Transportation, who in essence says that this is a clear violation of 
Mexico's rights under NAFTA; that it would subject the United States to 
possible trade sanctions estimated to be valued at over $1 billion 
annually that this would expose us to.
  The majority of my colleagues in this body voted for NAFTA. It 
passed. NAFTA says we are going to open the borders up to Mexico and to 
Canada.

                              {time}  1745

  This President says January of next year is when we do it. This 
amendment would prohibit motor carriers from Mexico to enter the United 
States. Period. You cannot do that. You are in violation of a treaty; 
in violation of the law; in violation of the majority that passed the 
treaty through this body.
  Now, is it worthwhile to do this type of thing? Look, the Motor 
Carrier Safety Administration, even as we speak, is taking public 
comments from anybody who wants to comment, including Members of 
Congress, about what kind of a procedure we should have to check 
Mexican trucks for safety as they come into the country. The experts 
are working on the rule even as we speak. Should we not let them finish 
their work before we, who are not experts on trucking or safety, tell 
the experts what they should or should not do?
  Give them a chance. If we do not like what they have come up with 
this fall, we can change the rule and make it effective. But for 
goodness sakes, give the experts the chance to do their work. They are 
making the rule right now. Make comments to the rulemaking body, not to 
the Congress. We can deal with this at a later time.
  The administration has a plan. The DOT will be going to Mexico. For 
those carriers in Mexico who want to run trucks into this country, 
those carriers will be audited for safety, for their record, for 
training, for all the things that go into whether or not a safe 
operation of the truck could be made in the United States by that 
Mexican carrier.
  If they pass that test, they would be given a temporary permit to 
drive. In the meantime, we will be inspecting the dickens out of the 
trucks crossing the border.
  If at the end of 18 months that carrier has no record problems, all 
has gone smoothly, then and only then would they be given, not a 
conditional permit, but a permanent permit. I think it is a responsible 
approach. There is money in the bill for that approach.
  The administration is proceeding. The rulemaking is taking place. Let 
us not interrupt what they are doing. But please do not vote in this 
Congress an amendment on to this bill that would be a direct violation 
of a treaty of the United States of America. Please reject this 
amendment.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, we are being told that this amendment violates NAFTA. 
That is like the old song that we hear so many times about the person 
killing both of his parents and then throwing himself on the mercy of 
the court because he is an orphan.
  What the gentleman from Minnesota (Mr. Sabo) tried to do is to bring 
to this House an amendment that will prevent Americans from dying by 
seeing to it that we have an inspection process and a review process 
before, not after, dangerous trucks hit the highway.
  I want to remind my colleagues NAFTA is a trade agreement. It is not 
a suicide pact. Let me repeat that: NAFTA is a trade agreement; it is 
not a suicide pact. We are not required to allow unsafe trucks on 
American highways in order to satisfy some pencil-happy bureaucrat 
dealing with NAFTA.
  This amendment has no choice but to, for the moment, cut off all 
Mexican trucks on American highways because the majority party insisted 
that that was the only option that could be put before this body. So 
they blocked the effort that the gentleman from Minnesota (Mr. Sabo) 
tried to bring to this House, and which would have been fully 
consistent with NAFTA. That effort would have said you cannot have 
those trucks running over American highways until we have the proper 
review process in place to make certain ahead of time that safety 
standards are being met.
  If this amendment technically would become a violation of NAFTA, it 
is because the majority has forced the House into a position where it 
can consider no amendment except that kind of an amendment.
  Everybody on this floor knows, if you want to cut through the bull 
gravy at the end of the day, this amendment can be fully tweaked in 
conference so that it is fully consistent with NAFTA and protects the 
American trucker.
  The rationale against this amendment keeps changing. We were told 
earlier in the day, oh, you have to block the Sabo amendment under 
House rules because the Sabo amendment was not passed by the full 
Committee on Appropriations. Many a time, many a time the Committee on 
Appropriations has chosen not to follow that logic.
  We are also told, oh, we do not have to do this. We do not have to 
protect American motorists this way because we have got all this money 
in the bill for these new inspectors.
  Well, let me remind my colleagues that money is now gone. It was 
knocked out on a point of order. So the $56 million for infrastructure 
improvements at the border, the $14 million for added inspections at 
the border, the $18 million for the State supplements for States around 
the border, all that money is gone.
  So your excuse is gone. You have no added protection for American 
drivers at this point. You know what the problems are. There is no 
effective oversight. There is no effective oversight on Mexican motor 
carriers today. There are no motor carrier hours-of-service regulations 
in effect in Mexico. There is no way to check the driving history of 
Mexican motor carrier drivers.
  In testimony last year, the Department of Transportation Inspector 
General said this: ``I do not think there is any reasonable person who 
can say that the border is safe when you have an out-of-service rate 
for safety reasons in the neighborhood of 40 to 50 percent.''
  Now, the majority blocked the Sabo amendment that would have allowed 
us to deal with this issue the way it needed to be dealt with. Now 
because they blocked us from offering the right amendment, they are 
blaming us because the language of this amendment is not pluperfect.
  Well, the gentleman from Kentucky (Mr. Rogers) is a very smart man. 
He can easily fix it in conference. We have heard this excuse time and 
time again. Can fix it in conference. Can fix it in conference. Well, 
this is one time we are going to say that. We have full confidence in 
the ability of the gentleman from Kentucky to fix this in conference.
  But today, we have only one option if we want to protect American 
motorists.
  The CHAIRMAN. The time of the gentleman from Wisconsin (Mr. Obey) has 
expired.
  (By unanimous consent, Mr. Obey was allowed to proceed for 2 
additional minutes.)
  Mr. OBEY. Mr. Chairman, the only option we have is to adopt this 
amendment, because this is the only procedural alternative left to us 
by a rule that prevented us from offering the

[[Page 11956]]

amendment that should have been offered on this subject. So do not 
blame us for the shortcomings which the majority itself has caused.
  I would simply make one other point. We have a choice. We can either 
insist on having an inspection regimen and a review regimen in place 
before these trucks are put on the highways, or we can do what the 
gentleman from Kentucky (Mr. Rogers) says and wait until they are on 
the highways and then see what happens.
  Only one difference between the approaches. There are people who will 
die under the second approach who will not under the first. It is just 
that simple.
  So you have got a very clear choice. If you want to do anything at 
all to protect the safety of American motorists on the highways on this 
issue, you will vote for the Sabo amendment; and you will give the 
committee the opportunity to do what it has done thousands of times 
before, which is to tweak the language in conference so that it can 
satisfy the procedural niceties of people in this House who eight times 
out of 10 run a railroad truck over legitimate procedure.
  You hide behind procedure when it suits your purpose, and you trample 
fair procedure the rest of the time. We are not fooled by that. 
American drivers are not going to be fooled by that. The only people 
you might be fooling are yourselves.
  Mr. KOLBE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in opposition to the amendment. I have listened 
with interest to this debate. I do rise in strong opposition to this 
amendment.
  I think that sometimes the rules of the House work to help to show 
the real true intent of what is involved here. I have said all along in 
the debate in committee and before on this, in the years that it has 
been before, that this is really an issue about trying to block Mexican 
trucks from the United States highways, that there are interest groups 
here in the United States that do not want under any circumstances to 
have Mexican trucks driving on our highways.
  Well, today we see that with this amendment. Granted, as the 
gentleman from Wisconsin (Mr. Obey) said, it is the only amendment that 
can be offered or something like this amendment can be offered under 
the rules. With this amendment, it is very clear. Block all trucks from 
coming into the United States. The heck with an inspection procedure. 
The heck with anything else. Block all trucks.
  I might add, somehow within only in his State, 20 miles in my State 
is okay under this amendment, but in other areas, it is not okay. So 
somehow it is okay for us not to have safe trucks since he is worried 
about safe trucks.
  So I think it is very clear what we are talking about here. We are 
talking about blocking trucks from coming in the United States. Let us 
face it, there are interest groups in the United States that do not 
want those trucks here. They are joined by interest groups in Mexico. 
The Mexican Trucking Association does not want American trucks coming 
down into Mexico. So they join you in this. They want to make sure 
there are not trucks in the United States to have an opportunity to 
compete there.
  If we get this, we get reciprocity; and we have an opportunity to 
have Mexican trucks to go down there. There are Mexican truck 
associations that do not want us. So there are joint interest groups on 
both sides that do not want this.
  But let us review the facts here. We adopted NAFTA. It was adopted in 
this body at a time in fact when the other party controlled this House. 
It is the law of the land that took effect on January 1, 1994. It 
stipulated that, by January 1, 2000, that is 18 months ago, we would 
allow trucks to cross at all points of the border into the United 
States. Here we are at June 25, and it still has not occurred.
  Mexico filed a complaint against us under the terms of NAFTA for not 
meeting the deadline; and in February of this year, the panel concluded 
that the U.S. was indeed in breach of its NAFTA obligations.
  The sanctions that are being talked about could be as much as $1 
billion a year. That is $1 billion on American industry. That is $1 
billion for American consumers that they are going to pay more.

                              {time}  1800

  I say let us stop treating our Mexican neighbors as though they are 
some kind of people that we should not want to do business with.
  This amendment has nothing to do, by the way, with trucks coming from 
Canada, our other NAFTA partner. Oh no, just the trucks from Mexico 
somehow are suspect. So I think we should be building bridges, not 
barriers to our neighbors from the south.
  Let us be clear about this. This issue is not about the safety of the 
truck, it is about paperwork. The issue as was presented earlier by the 
gentleman from Minnesota was about paperwork. Of course we want to be 
sure that all trucks traveling on our highways are safe, but the States 
along the border, for several years now, have said they are prepared to 
do that. How come the States that have the responsibility for enforcing 
this, along with the Department of Transportation, are prepared to do 
this? We have the regimen in place to check the paperwork as they come 
across the border, to look at the logs, to look at all these things, to 
make sure the bonds are there, the licenses are there, the insurance is 
there, and to do the actual physical inspection of the truck. Because 
that is after all what we are about, is it not? We want to make sure 
these trucks are actually safe. So the most important aspect of truck 
safety is the observation of the driver and the actual inspection of 
the truck at the border and along the highway.
  The gentleman from Wisconsin said people will die. Yes, people have 
died in my district. Not very long ago there was a truck driver who was 
using amphetamines, had not slept for 18 hours, crashed into a car 
parked along the side of the road and destroyed all the occupants of an 
entire family because he was violating rules and the law in the United 
States. We need to inspect for that. We need to have adequate 
inspection to make sure it is safe in this country.
  The trucks coming across the border are all going to be subject to 
inspection, and the percentage of them that are actually going to be 
physically inspected is going to be much much higher than currently are 
inspected traveling on our highways, American trucks traveling on our 
highways. So the paperwork is not the issue. If all my colleague wants 
to do is check the paperwork, the paperwork can be checked when the 
truck is down in Guadalajara, but that does not tell us whether the 
truck is safe.
  The CHAIRMAN. The time of the gentleman from Arizona (Mr. Kolbe) has 
expired.
  (On request of Mr. Obey, and by unanimous consent, Mr. Kolbe was 
allowed to proceed for 5 additional minutes.)
  Mr. KOLBE. Mr. Chairman, let me just say this, and then I really will 
yield to the gentleman. This really is not about paperwork, in my 
opinion. It is really about whether or not trucks are going to be 
allowed to travel on our highways from Mexico.
  I say we should treat people equally. In a study, by the way, in 
California, of trucks coming across the border into that border zone, 
shows they meet the standards on an equal basis with U.S. trucks. So 
there is no real difference that is there. So I say we need to treat 
our neighbors to the south as partners.
  Those of us who live along the border understand what this 
partnership is all about and how important it is economically and 
politically to the United States, and I believe that we can make this 
work. It is clear the Department of Transportation is prepared to do 
it, the States are prepared to do it, and I would urge that we defeat 
this amendment.
  Mr. OBEY. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding, and let 
me say he is my good friend, but I would like to read something to him 
and then ask him a question.

[[Page 11957]]

  The gentleman indicated that he thought that in this case the rules 
had been used to bring out the true intent of the amendment before this 
body, implying that the true intent was to have a flat shutoff of 
Mexican trucks. I flatly dispute that, and I want to read something 
then ask the gentleman a question.
  This is the text of the original Sabo amendment which the majority 
blocked from consideration in the House today. It reads as follows: 
``No funding limited in this Act for the review or processing of 
applications by Mexican motor carriers for conditional authority to 
operate beyond U.S. municipalities and commercial zones on the U.S.-
Mexico border may be obligated unless the Federal Motor Carrier Safety 
Administration has adopted and implemented as part of its review 
procedures under 49 U.S.C. 13902 a requirement that each Mexican motor 
carrier seeking authority to operate beyond U.S. municipalities and 
commercial zones on the U.S.-Mexico border undergo a new entrant safety 
compliance review consistent with the safety fitness evaluation 
procedures set forth in 49 CFR Part 385 and receive a minimum rating of 
satisfactory thereunder before being granted such conditional operating 
authority.''
  Now, that language is pretty clear. It does not try to shut off 
Mexican trucks. It says they cannot operate here until they have met 
these standards. Does not the language of the original amendment in 
fact indicate what the intention of the original amendment was?
  Mr. KOLBE. Mr. Chairman, reclaiming my time, I appreciate the 
gentleman asking the question, and I understand what the amendment did 
do and that this amendment now, as it is offered, is somewhat 
different. But I believe that the amendment that was crafted before and 
as offered has the effect of actually stopping any trucks from coming 
into the United States. That is the intent of it, I believe, to make 
sure they do not get into the United States.
  So now that amendment not having been made in order under the rules, 
I would say to my good friend from Wisconsin, I think we are seeing the 
true intent here. It is interest groups. Look at the people that are 
supporting this amendment. Look at the people asking for this. It is 
groups that do not want trucks coming into the United States, period.
  Mr. OBEY. Mr. Chairman, if the gentleman will again yield. Let me 
simply say that the gentleman is forgetting one thing. What the Sabo 
amendment attempted to do is to say that there would be no Mexican 
trucks on these roads until the safety requirements were met as 
outlined in the amendment.
  I think it is blatantly ridiculous for anyone to assert that the 
intention of a proposal is something other than that which is quite 
clearly stated in the proposal. It was the majority that blocked us 
from being able to vote on this proposal.
  Mr. KOLBE. Again reclaiming my time, Mr. Chairman, more than 2 years 
ago, down at the border, I went over the whole procedures with the 
Arizona Department of Transportation and the U.S. Department of 
Transportation. Everybody was prepared at that time to begin 
implementing this. So there is no question. We are prepared to inspect. 
We are prepared to look at these trucks. We are prepared to make sure 
they are safe. We are prepared to make sure they have their license, 
their insurance, the bonding that is required, and to do the physical 
inspection of the truck.
  As I pointed out, a far greater percentage of them will be inspected 
than any of the trucks traveling on our highways. The gentleman must 
acknowledge that there are accidents occurring on our highways because 
of trucks not properly inspected or, more likely, because the drivers 
are not following the rules. In fact, there is a very interesting study 
I just saw the other day that states that 73 percent, I believe was the 
figure, of all accidents in trucks occur when there is a passenger in 
the vehicle as opposed to about 23 percent when there is not a 
passenger. So passengers' distractions have more to do with it 
apparently than anything else.
  Mr. SABO. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from Minnesota.
  Mr. SABO. Mr. Chairman, the gentleman talks about who supports this 
amendment, or my earlier amendment.
  The CHAIRMAN. The time of the gentleman from Arizona (Mr. Kolbe) has 
expired.
  (On request of Mr. Sabo, and by unanimous consent, Mr. Kolbe was 
allowed to proceed for 1 additional minute.)
  Mr. KOLBE. Mr. Chairman, I yield to the gentleman from Minnesota.
  Mr. SABO. As I was saying, I have here a letter from the Commercial 
Vehicle Safety Alliance, which is an association of State, provincial, 
and Federal officials responsible for the administration and 
enforcement of motor carrier safety laws. They were writing to me to 
express their strong support for the amendment that I had before the 
Committee on Rules. They are hardly a self-interest group. Their 
interest is in enforcing the laws that we pass.
  Mr. KOLBE. Mr. Chairman, I appreciate what the gentleman is saying, 
but I would say to the gentleman in response that it is very clear to 
me that we have the ability to do this, we have the wherewithal to do 
it, we have the desire on the part of both Federal and State 
authorities to do this checking, and they are capable of doing this.
  Why is this amendment not including Canada? Why are we only including 
Mexico under this? Canada is a NAFTA partner. Why do we discriminate 
against the one? That is what makes this violative of NAFTA.
  Mr. OBEY. Mr. Chairman, will the gentleman yield so we can answer 
that?
  Mr. KOLBE. I yield to the gentleman from Wisconsin if I have time 
here.
  Mr. OBEY. Mr. Chairman, it is very simple.
  The CHAIRMAN. The time of the gentleman from Arizona (Mr. Kolbe) has 
again expired.
  (On request of Mr. Obey, and by unanimous consent, Mr. Kolbe was 
allowed to proceed for 1 additional minute.)
  Mr. KOLBE. I yield to the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. The record for Canadian carriers shows that their highway 
safety record is virtually every bit as good as ours. The record with 
respect to the Mexican drivers in question demonstrates quite the 
opposite.
  Mr. KOLBE. And I would say to the gentleman that fair is fair. If we 
are going to treat people fairly, we need to treat both sides in 
exactly the same way. With the kind of inspection regimen we are 
talking about installing here, we should have the same kinds of 
inspections for trucks coming from Mexico as we are talking about 
trucks that travel from Canada. Fair is fair. Treat all sides fairly 
here. That is all that I am saying that we should do.
  Why are we singling out our neighbors to the south? Why are we 
singling out Mexico to say we do not trust you, we do not think your 
trucks are safe, we do not think you can comply with NAFTA? I think 
that is wrong and it sends the wrong signal to our partner, the wrong 
signal to NAFTA and the rest of the world, that we are going to single 
out this Latin American country, this neighbor to the south of us, to 
say that we do not believe your trucks can travel here in the United 
States. I think it is just plain wrong.
  Mr. BONILLA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I stand in strong opposition to this amendment.
  Here we go again, attacking Mexico, singling out Mexico for some 
reason that I cannot understand. What a farce, for anyone to argue that 
these trucks coming in from Mexico would not be forced to comply with 
the same standards as American trucks on our highways. This is simply a 
ploy, a naked ploy now, because it is not masked as an earlier 
amendment was trying to be masked as some kind of effort that is 
actually behind a safety issue. This is just a clear effort to try to 
stop these trucks from coming in all together.

[[Page 11958]]

  Let me also say to many of my colleagues who are supporting this 
amendment, this is an attack on many border communities who have seen 
an incredible economic boom as a result of free trade over the last 20 
years. To support this amendment stops the progress, stops the jobs 
from being created in many of the communities close to the border. I do 
represent almost 800 miles of the Texas-Mexico border and have seen 
incredible opportunities come to these neighborhoods because of free 
trade. These people want more opportunity that would come with allowing 
these trucks to drive through these communities. And we know that they 
would not be held to any less a standard than an American truck driving 
through the community.
  So let us look at this for what it is, it is a discriminatory attack 
against Mexico. It has already been pointed out that no one else is 
being forced to comply with this standard. No one else would fall under 
this amendment. Our friends from Canada would not fall under this 
amendment. This is simply another effort to discriminate against our 
friends in Mexico who have been good trading partners and have helped 
create thousands of new jobs in this country. I urge defeat of this 
amendment for those reasons.
  Mr. OBERSTAR. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I want to attempt to bring some rationality to this 
debate and historical perspective. The issue is not, as previous 
speakers have tried to make it, no Mexican trucks in the U.S. or 
sinister special interest forces trying to keep Mexican trucks from 
entering the United States. That is not the issue. The issue is safe 
trucks, safe U.S. trucks, safe trucks from Canada, and safe trucks from 
Mexico.
  In 1982, the then Committee on Public Works and Transportation 
brought to the House legislation to prohibit trucks from Canada and 
Mexico entering the United States unless the President of the United 
States would issue a finding lifting that legislatively imposed 
moratorium on truck entry into the United States. That was 1982. In 
1984, President Reagan lifted the moratorium with respect to trucks 
from Canada but did not lift it with respect to trucks from Mexico. In 
1986, 1988 the President again lifted the moratorium on Canadian trucks 
but not on Mexican trucks because of a finding by the Federal Motor 
Carrier Safety Office that those trucks did not meet U.S. safety 
standards.
  President Bush, the first, in 1990 and again in 1992 lifted the 
moratorium on Canadian trucks but not on Mexican trucks simply because 
Canadian trucks met U.S. safety standards and Mexican trucks did not. 
In fact, as the gentleman from Wisconsin cited a moment ago, the out-
of-service rate for Canadian trucks is lower than that of trucks in the 
United States. Seventeen percent of Canadian trucks are found by their 
and our inspection service to be out of compliance with safety 
standards, while 24 percent of U.S. trucks are found to be out of 
compliance and 36 percent of Mexican trucks. Mexican trucks, therefore, 
have a 50 percent higher out of service rating than do trucks in the 
United States, and more than twice as much as Canadians.
  Well, my colleagues cannot make a rational argument that this is an 
anti-Mexico provision that we are offering on the floor. It is simply a 
safety issue, not a cross-border issue. And what we are asking for is 
not, as one speaker indicated, a lot of paperwork. No, no. I know 
safety from the aviation standpoint, from the rail standpoint, and I 
have looked at it for many, many years from the surface transportation 
standpoint, trucking issues as well. We do not just look for this or 
that truck that is out of compliance, we are looking for a system of 
safety, for a system, a structure of compliance.

                              {time}  1815

  That is why we want to have an overall review of the Mexican safety 
system. Canada clearly complies; Mexico does not.
  The dispute resolution mechanism, the arbitration panel that reviewed 
this issue found ``it may not be unreasonable for a NAFTA party to 
conclude that to ensure compliance with its own local standards by 
service providers from another NAFTA country, it may be necessary to 
implement different procedures with respect to such service providers. 
Thus, to the extent that the inspection and licensing requirements for 
Mexican trucks and drivers wishing to operate in the United States may 
not be like those in place in the United States, different methods of 
ensuring compliance with U.S. regulatory regime may be justified. In 
order to justify its own legitimate safety concerns, if the United 
States decides to impose requirements on Mexican carriers that differ 
from those imposed on United States or Canadian carriers, then any such 
decision must be made in good faith with respect to a legitimate safety 
concern and implement different requirements that fully conform with 
all relevant NAFTA provisions.''
  The Sabo amendment, which would have been offered, had it not been 
struck, would have met those tests.
  The CHAIRMAN. The time of the gentleman from Minnesota (Mr. Oberstar) 
has expired.
  (By unanimous consent, Mr. Oberstar was allowed to proceed for 1 
additional minute.)
  Mr. OBERSTAR. Mr. Chairman, deprived of an opportunity to offer that 
amendment, we are reduced to this rather stringent approach. As the 
gentleman from Wisconsin said earlier, it is an issue that can be 
tapered in conference and resolved perhaps even to meet the original 
Sabo-Ney language.
  As for the dire warnings that ipso facto this language will put us in 
violation of NAFTA, there is a dispute resolution mechanism, an 
arbitration panel that can resolve such disputes and has shown its 
ability to do so. We ought to be in the mode of protecting life and 
addressing the life issues that are at stake.
  Every year trucks kill 5,000 people in the United States. Our trucks. 
Trucks that are 50 percent less safe coming in from another country 
should not be allowed in the United States until a regime is in place 
to screen them out and to ensure that all those that do enter under the 
NAFTA will be in compliance with our safety rules. The Sabo amendment 
provides that opportunity.
  Mr. BORSKI. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in strong support of the Sabo amendment. I, like 
my colleagues, regret that the Sabo-Ney amendment was not made in 
order. However, I do not regret being in strong support of this 
amendment, because I believe it is very important for this House to 
have a clear vote on this issue.
  This issue in my view is not about NAFTA; it is about truck safety 
and whether we can properly inspect the trucks that are entering the 
United States. Not too long ago, the Subcommittee on Highways and 
Transit had a site visit to San Diego and Laredo. At San Diego, we 
found a very good permanent inspection station. That inspection station 
looks at all of the trucks and issues a permit that is good for 90 
days. If any truck tries to enter the United States and does not have a 
certificate, it is pulled aside and inspected. We have found that their 
out-of-service rate is similar to the trucks in the whole of the United 
States of America, about 24 percent. Too high in my view, but similar 
to the rest of the country.
  When we went to Laredo, Texas, we found a system that virtually does 
not exist. There is no permanent inspection station in Texas. I do not 
believe there is one outside of California. The results are pretty 
obvious. The gentleman from the Texas Department of Public Safety, 
Major Clayton, had suggested to us that a truck that is not inspected 
will be neglected. We were there on a Sunday, and we asked what the 
experience was that day. We were informed that they looked at seven or 
eight trucks, and took five of those trucks out of service.
  I asked, What was the problem with those trucks? Were they minor 
little details like a light that does not work or turn signals or 
something of that sort?
  He said, No, Congressman, these are brakes that are failing, leaking 
fuel

[[Page 11959]]

lines, cracks in the undercarriage, bald tires.
  Mr. Chairman, these are the vehicles that are going to be allowed 
come January 1 to enter the interior of the United States. This is not 
against NAFTA. If we want to continue allowing trucks to come into the 
border States, where they are traveling at presumably a very low mile-
per-hour rate, if these trucks are allowed into the interior of the 
United States to travel anywhere in the United States of America with 
brakes that are failing, leaking fuel lines, cracks in undercarriage, 
bald tires, there are going to be major accidents in our country.
  Mr. Chairman, what happens to NAFTA then? What will be the outcry in 
our country if a truck that was not inspected and had these kinds of 
violations causes a serious accident? I think that will cause a whole 
lot more harm to NAFTA than our insisting that Mexican trucks be 
inspected and inspected properly. California has done a pretty good 
job. They have set a model for us. They have put up the funds and have 
permanent inspection stations. There are no other permanent inspection 
stations along the border, and trucks that are unsafe will be entering 
our country. I strongly support the Sabo amendment.
  Mr. SABO. Mr. Chairman, I move to strike the requisite number of 
words and see if we might inquire how many people want to speak on both 
sides.
  The CHAIRMAN. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. SABO. Mr. Chairman, we have two additional requests for time on 
our side. And how many on the gentleman's side?
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. SABO. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, we have one additional speaker.
  Mr. SABO. Mr. Chairman, I ask unanimous consent that there be 30 
minutes of debate, 15 minutes allocated to each side, controlled by the 
gentleman from Kentucky (Mr. Rogers) and myself.
  The CHAIRMAN. On this amendment and all amendments thereto?
  Mr. SABO. Mr. Chairman, that is correct.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Minnesota?
  There was no objection.
  Mr. SABO. Mr. Chairman, I yield 5 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Chairman, on behalf of my constituents, I thank the 
gentleman from Minnesota for his amendment.
  Mr. Chairman, I represent the southern half of San Diego, California, 
a district which borders Mexico and which has all of the border 
crossings for California, at least the great majority. Thirty-five to 
40 percent of all truck traffic between Mexico and the United States 
crosses my district, so I believe we have some sort of experience and 
expertise with regard to this matter.
  The distinguished chairman of the subcommittee suggested that we 
ought to wait for experts to decide this question. Mr. Chairman, my 
constituents are experts. My constituents will tell the gentleman what 
it is like to be in an accident with a Mexican truck whose brakes have 
failed; in an accident where the driver did not have adequate 
insurance; in an accident where the truck driver was a teenager or who 
had just driven for 20 hours straight. My constituents are the experts 
on what happens when we do not have adequate inspection for the trucks 
to enter into the United States.
  And it is clear we do not have an adequate inspection system. The 
gentleman from Arizona (Mr. Kolbe) talked about all of the States are 
ready to do this. I do not see any evidence that they are. If they are, 
why do they not do this? Twelve thousand trucks are crossing every day. 
We heard from the gentleman from Pennsylvania (Mr. Borski) talking 
about the state-of-the-art facility in San Diego where the California 
Highway Patrol inspects trucks. They are doing this, by the way, with 
their own funds, no Federal support. There is no Federal support for 
State inspections, and all States can do what they want. That does not 
strike me as a way to assure U.S. citizens of truck safety.
  But the California Highway Patrol has taken on that responsibility, 
has paid for it, and does good inspections on the trucks they inspect. 
We think they inspect roughly 2 percent of the trucks that cross the 
border, and that inspection only deals with the safety of the chassis 
itself. Very little inspection is done or can be done about insurance. 
Papers are exchanged, but there is no standard system. There is no way 
to check those papers.
  The driver's license may be asked for and the logs may be asked for, 
but there is no uniformity of those papers. There is no check or way to 
check on the accuracy of that data. The driver's license may or may not 
be a legitimate driver's license. Logs are not required to be kept by 
Mexican drivers, so we do not know how long the driver has driven. We 
do not know the safety record of that driver. There is no way to hook 
up the computer systems between our two nations. And even if there was, 
the Mexican systems do not yet meet the standards that we would expect 
in a DMV of any State in our union.
  So even though the California Highway Patrol is state of the art, it 
is only inspecting a few percent of trucks, and it can only inspect for 
a few percent of what we would normally require to be inspected. And we 
are light years ahead of the other States that border Mexico. There is 
no such permanent facility in Arizona or Texas or New Mexico, and there 
are no Federal funds to set up these, and there are no standards by 
which they ought to operate, and there is no agreement on the kind of 
inspections that ought to be done in those States.
  The gentleman from Pennsylvania (Mr. Borski) mentioned that the 
Subcommittee on Highways and Transit of the Committee on Transportation 
and the Infrastructure with our chairman was at various border 
crossings along the southern border. We were in Laredo, Texas, where 
there, and in the environs, most of the trucks apparently cross the 
border. They have not decided what kind of inspections ought to take 
place. The local border community and its mayor are very adamant about 
one way of doing it. The Texas Department of Transportation is equally 
adamant about another way of doing it.
  Not only do they not have the money to do it either way, but it is 
going to be years before they decide how to do it. So we are years away 
from having an adequate inspection system. We need the Sabo amendment 
in order to protect our communities.
  Mr. Chairman, I stand behind the Sabo amendment and truck safety.

                              {time}  1830

  Mr. SABO. Mr. Chairman, I yield 5 minutes to the gentleman from Texas 
(Mr. Rodriguez).
  Mr. RODRIGUEZ. Mr. Chairman, I rise in support of the amendment 
offered by my colleagues earlier that we were not allowed to have an 
opportunity to dialogue on.
  I represent 13 counties in south Texas, two of which are along the 
Texas-Mexican border and part of the commercial zone already accessible 
to Mexican trucks. A number of the other counties contain I-35, a 
principal trade corridor for truck traffic from Mexico.
  I recognize the importance and value of expanding trade with Mexico. 
We need to build upon the trade relationships with Mexico and Canada. I 
also recognize that the dramatic growth in truck traffic comes with a 
price. I know from my constituents that that price is often paid on the 
ground in those counties as we move forward.
  The issue is not whether we should have more trade, rather, the 
challenge is how to protect the public while increasing trade. One 
should not be pitted against the other. We should just use our common 
sense. Road maintenance, border infrastructure improvements and border 
inspection in general have been the responsibility of the counties 
along the border, some of which are the poorest counties in the Nation. 
Increased truck traffic without increased inspections is a recipe for 
disaster.

[[Page 11960]]

  Creating a special 18-month exemption for Mexican trucks in south 
Texas and San Antonio is not the appropriate way to go and is not the 
way that we should be doing business. It is a price we should not be 
asked to pay, it is a risk that we need not take, if we adopt a 
sensible inspection policy and then pay for it. We need to make sure 
that those trucks are inspected just like any other truck.
  Nearly 70 percent of Mexican truck freight traffic enters the United 
States through Texas, which experienced 2.8 million truck crossings 
last year. The volume of truck is expected to increase by 85 percent. 
As of now, we do not have the ability to inspect and regulate these 
trucks. A total of 1 percent of the trucks that are crossing into Texas 
are now being inspected. Of those inspected, the out-of-service rate is 
40 percent, nearly twice the national average for U.S. trucks. We will 
make the problem worse if we do not insist on inspections for Mexican 
trucks.
  We must insist that Mexican trucks and companies meet the same safety 
and inspection requirements as U.S. trucks. We are not asking for 
anything special. We want to make sure that they also be able to go 
through the same guidelines. We are not anticompetitive, and we are not 
anti-Mexican. What we want to make sure is that those trucks get 
treated in the same way. They should be inspected in the same manner.
  All we are asking is that Mexican carriers be subject to on-site 
inspections prior to being granted operating authority and permitted to 
travel throughout the United States. Why should we have to wait 18 
months for that? When it comes to public safety, should we not be more 
sure? Mexico, which has no standard apparatus in place, cannot now 
certify the safety of its trucks, especially its long-haul fleet, or 
enforce a border safety inspection program of its own.
  We have made modest progress in harmonizing motor carrier safety 
processes between our two countries. Nevertheless, the Department of 
Transportation's inspector general recently confirmed that serious 
discrepancies persist. Mexican trucks tend to be older, heavier and 
more likely to transport unmarked toxic or hazardous material. Mexico 
has not yet developed hours of service requirements for commercial 
drivers. Mexico does not have a laboratory certified to U.S. standards 
to perform drug testing. Mexico does not have a roadside inspection 
program.
  On our side, in Texas alone, I sent a letter to then Governor Bush 
when he was there almost 4 years ago. At that time we had 17 workers 
part time doing the inspections. Now we have 37 part-time people, yet 
we have 70 percent of the traffic. Texas was supposed to hire 171 new 
commercial vehicle inspectors. They did not. They did not get the 
resources. The bottom line is in the existing situation, the State of 
Texas has not put the resources where they should be. According to the 
State legislative officials that we just talked to a couple of days 
ago, they received no additional money for this purpose because of 
budgetary shortfalls that the past Governor put the whole State into.
  I ask Members to really look at this seriously and to make sure that 
we treat Mexican trucks in the same way that we treat our U.S. trucks.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 5 minutes to the 
gentleman from Idaho (Mr. Otter).
  Mr. OTTER. Mr. Chairman, I hesitated to come running back, but when I 
started hearing many of the things that were offered up by the other 
side, I decided perhaps I should come back and plead for more trucks, 
more trucks to come here maybe and haul off an awful lot of stuff that 
has gathered in the well during this debate, because as I see it, Mr. 
Chairman, in Idaho we have got a saying, and the saying is basically 
this: If it walks like a duck, if it quacks like a duck, it is probably 
a duck.
  This is the second duck that they have had here today. This is no 
different than their first effort to stop the free flow of traffic 
across our southern border. This is no different than the effort that 
was made much, much earlier.
  But there are a few things that I would like to clear up. Earlier one 
of our side was questioned as to whether or not, did the majority not 
just block an effort, an amendment to change this, to make this right? 
The majority did not block that amendment. Strict adherence to the 
House rules that we have all agreed upon about amending appropriation 
bills is what killed that bill. We made you obey those rules, and in 
that process the amendment rightfully died.
  Why, Mr. Chairman, is this here today? Why have we not since 1994 
offered time after time after time similar amendments that could have 
begun the certification process, that could have perfected the safety 
on the highways and could have gotten this a long way toward 
accomplishment of what we are asking to do today? I suspect the reason 
for that is because from 1994 until last year, until this last January, 
we did not enjoy a trade representative and a USTR that was prepared to 
have equal trade on both sides of the border and equal treatment on 
both sides of the border as we do today and as we can expect today.
  Perhaps I should have offered an amendment, too, to go along with 
this thinly veiled safety effort; that is, that only trucks that are 
made in Idaho can be run on the highways, so that I could have closed 
my market, so that I could have enjoyed a monopoly myself.
  Mr. Chairman, in 1997, the State of Idaho petitioned the USTR to stop 
an unfair trade practice on our northern border, our border with 
Canada. We got no justification. We got no satisfaction. The result was 
finally our Governor said, all right, if we cannot get the United 
States Government to do something, perhaps we States ought to unite and 
do something. And so the northern tier of States did unite. We all put 
our police to work, our highway patrol to work and our port of entries 
to work.
  The result was, and we heard from the ranking member the statistics 
about how many unsafe trucks there were. I can tell my colleagues that 
at that time we found 57 percent of the trucks that we put through our 
safety efforts on our border with Canada, almost 57 percent did not 
meet the standards in the State of Idaho, and so, therefore, we could 
halt them at the border and reject them because they did not meet our 
safety standards. I suspect, Mr. Chairman, that you can do just about 
anything that you want to with statistics.
  But let me just say, this is not unusual for the United States to do 
this. We have airlines that cross borders. We have railroads that cross 
borders. We have no problem with the safety regulations and the equal 
treatment of both sides. The same thing with our water traffic. And so 
with all the foreign registry that we have, whether it is on airlines 
or boats or railroads, we still find that we can have that traffic, and 
I think that we could use that example, the same thing, on our 
highways.
  Mr. Chairman, I think it is time that we recognize that we need to be 
good neighbors, we need to be fair neighbors and not be picking on 
those people which we assume are not prepared to meet the standards 
that we have in the United States. I think it is time to be fair to all 
sides. I certainly have sat in awe many times and listened to speeches 
from the other side about treating people equally and being fair. This 
is your chance to walk the walk instead of just talking the talk.
  Mr. SABO. Mr. Chairman, I yield the balance of my time to the 
gentleman from Oregon (Mr. DeFazio).
  The CHAIRMAN. The gentleman from Oregon is recognized for 5 minutes.
  Mr. DeFAZIO. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  The previous speaker in the well talked about this being a thinly 
veiled safety amendment. It is not thinly veiled. This is all about 
safety. Plain and simple that is what we are talking about, the safety 
of the driving American public on U.S. highways paid for with taxpayer 
dollars, and they can expect a little bit of protection from their 
Federal Government. I think. I hope.

[[Page 11961]]

  We do inspect U.S. trucks. We do pull them off the roads when they 
are unsafe. We do require drug and alcohol testing. I went through that 
debate here on the floor of the House, and I supported that. We do 
require log books. We do require restrictions on duty time. And we 
enforce those laws. For the most part those laws do not exist in 
Mexico, and where they do exist, they are not enforced.
  Now, no one has contested that fact. They are saying, oh, that we 
just do not want to be good neighbors. We want to be good neighbors, 
but we do not want to be good neighbors with people who are endangering 
the lives of the traveling public.
  My district has I-5 running right through the heart of it, and that 
is where those trucks are going. Now, the gentleman from Texas got up 
earlier and said, ``My people have done really well. I have such a long 
border with Mexico, and we have got so many jobs out of this, and you 
want to hurt that.'' No, actually he is arguing to hurt them, because 
if this amendment does not pass, those trucks are going to steam right 
through his district. Right now all those trucks have to stop in his 
district, and they have to reload onto safe American trucks. But when 
this goes into effect, those trucks are going right through his 
district and right up to mine. They are not going to stop. In fact, he 
is going to lose many jobs in his district.
  I am a bit perplexed by the arguments on the other side of the aisle. 
For the most part they have been arguing our side, but in a knee-jerk 
way at the end they are going to come to a conclusion that we have just 
got to go ahead, that this is about NAFTA and about free trade.
  We are having huge trade with Mexico, a huge and growing trade 
deficit with Mexico under NAFTA, although they promised us surpluses. 
That is not to be debated here today. That would not be impeded one wit 
by this amendment. But what would happen is these trucks that we know 
are heavier, with drivers who generally are not meeting U.S. standards 
for safety, for training, for drug testing, for log books, for records 
of offenses being kept in a central data file, perhaps for insurance, 
for labeling for hazardous materials, 25 percent of the trucks coming 
across the border carry hazardous materials; 1 in 14, 7 percent, are 
labeled. What is going to happen when one of those goes over somewhere 
on I-5 in California or in a heavily populated part of Oregon or 
Washington? We will not know what is in it. We will not know how to 
deal with it. We are going to not only put the traveling public at 
risk, we are going to put communities at risk. We are going to put the 
firefighters and the first responders at risk.
  No, let us have the Mexicans adopt stringent laws for safety, then 
enforce those laws, and after they do that, then we will be great 
neighbors, and we will be happy to welcome their fully inspected, 
safely driven trucks into the United States of America. But until they 
meet those standards, no, no, no, no, no.
  This will kill Americans. People will die for profit, and that is not 
right.

                              {time}  1845

  Mr. ROGERS of Kentucky. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Sabo).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. SABO. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 285, 
noes 143, not voting 5, as follows:

                             [Roll No. 193]

                               AYES--285

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barr
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Buyer
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Collins
     Combest
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crenshaw
     Crowley
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Duncan
     Edwards
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Foley
     Ford
     Fossella
     Frank
     Frost
     Gallegly
     Ganske
     Gephardt
     Gilman
     Goode
     Goodlatte
     Gordon
     Green (TX)
     Green (WI)
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Harman
     Hart
     Hastings (FL)
     Hefley
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hoyer
     Hunter
     Hyde
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kirk
     Kleczka
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pickering
     Pombo
     Pomeroy
     Price (NC)
     Quinn
     Rahall
     Rangel
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Schiff
     Scott
     Sensenbrenner
     Sessions
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thune
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                               NOES--143

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Blunt
     Boehner
     Bonilla
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Callahan
     Cannon
     Cantor
     Coble
     Cooksey
     Cox
     Crane
     Cubin
     Culberson
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart
     Dooley
     Dreier
     Dunn
     Ehlers
     Ehrlich
     Emerson
     Everett
     Flake
     Fletcher
     Forbes
     Frelinghuysen
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Goss
     Graham
     Granger
     Graves
     Greenwood
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hinojosa
     Hobson
     Hostettler
     Houghton
     Hulshof
     Hutchinson
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Keller
     Kennedy (MN)
     Kerns
     Kingston
     Knollenberg
     Kolbe
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     McCrery
     McInnis
     McKeon
     Miller (FL)
     Miller, Gary
     Myrick
     Nethercutt
     Northup
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pastor
     Paul
     Pence
     Peterson (PA)
     Petri
     Pitts
     Portman
     Pryce (OH)
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ryun (KS)
     Schrock
     Serrano
     Shadegg
     Shaw
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (TX)
     Spence
     Stenholm
     Stump
     Sununu
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Velazquez
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Whitfield
     Wicker
     Wilson
     Young (FL)

                             NOT VOTING--5

     Burton
     LaTourette
     Platts
     Putnam
     Sweeney

[[Page 11962]]



                              {time}  1909

  Mrs. WILSON, Mrs. CUBIN, Ms. VELAZQUEZ, Mr. GREENWOOD and Mr. BACHUS 
changed their vote from ``aye'' to ``no.''
  Messrs. BAIRD, COMBEST, BUYER, JEFFERSON, FOSSELLA, PICKERING, HYDE, 
DUNCAN and MICA changed their vote from ``no'' to ``aye.''
  Mr. HINOJOSA changed his vote from ``present'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. NADLER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would be remiss if I did not rise to thank the 
chairman of the committee, the gentleman from Florida (Mr. Young); the 
ranking member, the gentleman from Wisconsin (Mr. Obey); the 
subcommittee chairman, the gentleman from Kentucky (Mr. Rogers); and 
the ranking member, the gentleman from Minnesota (Mr. Sabo); for 
acceding to the request made by the gentleman from Connecticut (Mr. 
Shays) and myself to include funds in this bill for the environmental 
impact statement for the New York-New Jersey Cross Harbor Rail Freight 
Tunnel.
  This project was first authorized in TEA-21 and received funds for a 
Major Investment Study, which was completed last year.
  New York City, Long Island, and Westchester and Putnam Counties and 
the State of Connecticut are virtually cut off from the rest of the 
country's rail freight system for lack of any way for rail freight to 
cross the Hudson River, except at a bridge 140 miles north of New York 
City.
  After examining numerous alternatives, the MIS recommended 
construction of a rail tunnel under New York Harbor. The benefit to the 
region will be about $420 million a year and the benefit to cost ratio 
is 2.3 to 1. The environmental impact will be profound as it would 
remove 1 million tractor trailers from off the region's roads a year. 
So I am gratified this was included in the bill. I am disappointed the 
Second Avenue Subway was not included in the bill.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       This Act may be cited as the ``Department of Transportation 
     and Related Agencies Appropriations Act, 2002''.
  The CHAIRMAN. If there are no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Isakson) having assumed the chair, Mr. Camp, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes, pursuant to House Resolution 178, he reported the bill back 
to the House with sundry amendments adopted by the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 426, 
nays 1, not voting 6, as follows:

                             [Roll No. 194]

                               YEAS--426

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--1

       
     Paul
       

                             NOT VOTING--6

     Burton
     LaTourette
     Platts
     Putnam
     Sweeney
     Woolsey

                              {time}  1930

  So the bill was passed.
  The result of the vote was announced as above recorded.

[[Page 11963]]

  A motion to reconsider was laid on the table.

                          ____________________



  CONGRATULATING REPRESENTATIVE PUTNAM AND MELISSA PUTNAM ON BIRTH OF 
                      DAUGHTER ABIGAIL ANNA PUTNAM

  (Mr. CRENSHAW asked and was given permission to address the House for 
1 minute.)
  Mr. CRENSHAW. Mr. Speaker, I have some exciting news to share with my 
colleagues, and I think in a spirit of bipartisanship, we can all agree 
that this is, in fact, good news, because today the youngest Member of 
the House of Representatives, the gentleman from Florida (Mr. Putnam) 
and his wife Melissa became the proud parents of a baby girl.
  Mr. Speaker, today Abigail Anna Putnam was born. She weighed 8 pounds 
and 4 ounces. She is 21\1/2\ inches long, and they are still looking 
for the first sighting of that fire-engine red hair that the gentleman 
carries around with him here.
  Just as a word of history, I want my colleagues to know, first of 
all, that the mother and the daughter are doing well. The gentleman 
from Florida is a little shaky, but I think he is going to make it.
  Abigail is the sixth generation Putnam to be born in Polk County, 
Florida, and her great grandfather, who is 92 years old, is so excited 
that he said he is probably more excited about the gentleman from 
Florida becoming a father than he was when the gentleman got elected to 
Congress.
  I know that all my colleagues want to join with me in wishing the 
gentleman from Florida and his wife Melissa and their new baby Abigail 
a wonderful life together.
  Mr. PENCE. Mr. Speaker, will the gentleman yield?
  Mr. CRENSHAW. I yield to the gentleman from Indiana.
  Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding to me, and 
I want to add my congratulations to the growing congressional family, 
to Melissa Putnam for putting up with the gentleman from Florida (Mr. 
Putnam), and to the happiness. The knowledge that children are a reward 
from the Lord is something we are pleased to acknowledge, and we send 
prayers and best wishes, Mr. Speaker, to all of those who share that 
sentiment.
  Mr. CANTOR. Mr. Speaker, will the gentleman yield?
  Mr. CRENSHAW. I yield to the gentleman from Virginia.
  Mr. CANTOR. Mr. Speaker, I, too, rise to extend my congratulations 
from the Commonwealth of Virginia to the gentleman from Florida (Mr. 
Putnam) and Melissa Putnam on the birth of their baby and wish them 
much strength through the next couple of months of interrupted sleep.

                          ____________________



REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND 
                               THE RULES

  Mr. SESSIONS, from the Committee on Rules, submitted a privileged 
report (Rept. No. 107-113) on the resolution (H. Res. 179) providing 
for consideration of motions to suspend the rules, which was referred 
to the House Calendar and ordered to be printed.

                          ____________________



 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2311, ENERGY 
             AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2002

  Mr. SESSIONS, from the Committee on Rules, submitted a privileged 
report (Rept. No. 107-114) on the resolution (H. Res. 180) providing 
for consideration of the bill (H.R. 2311) making appropriations for 
energy and water development for the fiscal year ending September 30, 
2002, and for other purposes, which was referred to the House Calendar 
and ordered to be printed.

                          ____________________



MAKING IN ORDER CERTAIN MOTIONS TO SUSPEND THE RULES ON WEDNESDAY, JUNE 
                                27, 2001

  Mr. SESSIONS. Mr. Speaker, I ask unanimous consent that it be in 
order at any time on the legislative day of Wednesday, June 27, 2001, 
for the Speaker to entertain motions that the House suspend the rules 
relating to the following measures:
  H. Res. 172, H.R. 2133 and H.R. 691.
  The SPEAKER pro tempore (Mr. Isakson). Is there objection to the 
request of the gentleman from Texas (Mr. Sessions)?
  There was no objection.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
announces that he will postpone further proceedings today on the motion 
to suspend the rules on which a recorded vote or the yeas and nays are 
ordered, or on which the vote is objected to under clause 6 of rule XX.
  Any record vote on the postponed question will be taken tomorrow.

                          ____________________



RECOGNIZING AND HONORING YOUNG MEN'S CHRISTIAN ASSOCIATION ON ITS 150TH 
                    ANNIVERSARY IN THE UNITED STATES

  Mr. OSBORNE. Mr. Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 172) recognizing and honoring 
the Young Men's Christian Association on the occasion of its 150th 
anniversary in the United States, as amended.
  The Clerk read as follows:

                            H. Con. Res. 172

       Whereas 2001 is the 150th anniversary of the Young Men's 
     Christian Association (commonly referred to as the YMCA) in 
     the United States;
       Whereas YMCAs have touched the lives of virtually all 
     people in the United States by pioneering various activities, 
     including camping, public libraries, night schools, group 
     swimming lessons and lifesaving, and teaching English as a 
     second language;
       Whereas YMCAs are dedicated to building strong youth, 
     strong families, and strong communities;
       Whereas YMCAs serve people of all ages, genders, incomes, 
     and abilities through a wide variety of services designed to 
     meet changing community and societal needs;
       Whereas every day the more than 2,400 YMCAs in the United 
     States live their mission through programs that build healthy 
     spirit, mind, and body for all;
       Whereas the YMCA invented the sport of volleyball;
       Whereas YMCAs are collectively one of the largest providers 
     of social services to the Nation's families and communities, 
     and YMCA programs serve nearly 18,000,000 people, including 
     9,000,000 children, in the United States each year;
       Whereas YMCAs are collectively the Nation's largest child 
     care provider, and YMCA programs serve 1 in 10 teenagers in 
     the United States and incorporate the values of caring, 
     honesty, respect, and responsibility;
       Whereas each YMCA is volunteer-founded, volunteer-based, 
     and volunteer-led;
       Whereas YMCAs have a long history of partnerships with 
     other community organizations, including schools, hospitals, 
     police departments, juvenile courts, and housing authorities;
       Whereas YMCAs have provided war relief services since the 
     Civil War, aiding millions of soldiers at home and abroad;
       Whereas YMCA programs inspire a spirit of adventure and 
     challenge individuals to learn new skills, try new 
     activities, and explore other cultures, while being good 
     citizens of their communities;
       Whereas Father's Day in its present form was created at a 
     YMCA;
       Whereas many organizations began at YMCAs, including the 
     Boy Scouts of America, the Camp Fire Girls, the Negro 
     National Baseball League, the Gideons, and the Toastmasters;
       Whereas YMCAs helped found the United Service Organization; 
     and
       Whereas the Peace Corps was patterned on a YMCA program: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) honors the Young Men's Christian Association (commonly 
     referred to as the YMCA) for 150 years of building strong 
     youth, strong families, and strong communities in the United 
     States; and
       (2) expresses support for the continued good work of the 
     YMCA during the next 150 years.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Osborne) and the gentleman from New Jersey (Mr. Payne) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska (Mr. Osborne).


                             General Leave

  Mr. OSBORNE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within

[[Page 11964]]

which to revise and extend their remarks on H. Con. Res. 172, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. OSBORNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to bring House Concurrent Resolution 172 to 
the floor. This concurrent resolution recognizes and honors the Young 
Men's Christian Association, commonly known as the YMCA, on the 150th 
anniversary of its founding in the United States.
  YMCAs are very much a part of the American landscape and history. The 
organization began in London, England, in 1844. And in 1851, the first 
YMCA in America was established in Boston, Massachusetts. The YMCA's 
presence in America has grown steadily to serve nearly 18 million 
individuals, including 9 million children annually.
  I imagine many of us have participated in or benefited from YMCA's 
services. Over time, the YMCA has been associated with programs, 
including youth camping and the creation of volleyball and racquetball. 
Additionally, by the late 1990s, YMCAs were providing daycare for half 
a million children annually. The YMCA has provided learn-to-swim 
programs and has been connected to pools and aquatics for many years.
  Throughout all of these programs, the YMCA promotes the values of 
caring, honesty, respect and responsibility. Its commitment to these 
values can be seen in its history of wartime service dating back to the 
Civil War, its commitment to the physical and spiritual well-being of 
the poor and unemployed during the Depression, and its current efforts 
to teach and reinforce good character in youth through after-school 
sports and activities.
  Mr. Speaker, I am pleased to congratulate the YMCA on the anniversary 
of their 150 years of existence in America. They have a long history of 
exemplary service, and I believe we all benefit from the YMCA's 
existence.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in celebration also of the 150th anniversary of 
the YMCA's founding in America. The organization has a special place in 
my heart, because I had the privilege to serve as the president of the 
National Council of YMCAs of the USA from 1970 to 1973 and have been 
involved with the organization most of my adult life, beginning with my 
teaching career in the late 1950s. Newark's combined YMCA and YWCA has 
become an integral part of all aspects of our community. In many ways, 
the history of the local YMCA is a perfect example of the support and 
stability that Ys around the globe have provided for 150 years to the 
world.
  It seems appropriate tonight to reflect back on many years of 
successful involvement and rich history this organization has shared 
with individuals through all parts of the world.
  Mr. Speaker, at this point I would like to highlight the route this 
institution has taken to reach this extraordinary anniversary. The YMCA 
was founded in London, England, on June 6, 1844, in response to 
unhealthy social conditions arising in big cities at the end of the 
Industrial Revolution, roughly 1750 to 1850. The Industrial Revolution 
took place in Europe.
  Growth of the railroads and centralization of commerce and industry 
brought many rural young men who needed jobs into cities like London. 
By 1851, there were 24 Ys in Great Britain with a combined membership 
of 2,700. That same year, the Y arrived in North America. It was 
established in Montreal on November 25, and then in Boston on December 
29 of that year.
  The idea proved popular everywhere. In 1853, the first YMCA for 
African Americans was founded right here in Washington, D.C., by 
Anthony Bowen, a freed slave.
  The next year, the First International Convention was held in Paris. 
At that time there were 397 separate YMCAs in 7 Nations with 30,369 
members in total.
  Then by 1866, the influential New York YMCA adopted a fourfold 
purpose: the improvement of the spiritual, mental, social and physical 
conditions of young men.
  In those early days, the YMCAs were run almost entirely by 
volunteers. There were a handful of paid staff members before the Civil 
War who kept the place clean, ran the libraries and served as 
correspondent secretaries. But it was not until the 1880s, when the 
YMCA began putting up buildings in large numbers, that most 
associations thought they needed to have some full-time employees.
  Today's YMCA movement is the largest not-for-profit provider of child 
care, and it is larger than any for-profit chain in the country. In the 
1990s, about half a million children received care at a YMCA each year. 
In 1996, child care became the movement's second largest source of 
revenue after membership dues.
  Tonight we celebrate the many years of positive change the YMCA has 
had on our neighborhoods, townships, States and countries. My local 
YMCA, in Newark, New Jersey, opened its doors in 1881. Since its 
inception in 1881, the Newark Y has been an integral part of the Newark 
community.
  The programs offered by the YMCA and YMWCA assist Newark residents in 
their day-to-day lives. For example, the YMWCA has affordable and safe 
housing options, in addition to state-of-the-art fitness facilities and 
educational programs.
  We must continue our commitment to the YMCA to make it continually 
strong. As my colleagues know, the triangle of the YMCA, the symbol of 
the Y stands for the mind, the body and the spirit. We talk about the 
whole person that must be developed in order for that person to take 
their rightful place in our society.
  And so we would like to acknowledge that the YMCA of the USA in its 
150 years of service has been a tremendous asset to this country, as 
they celebrate this 150-year anniversary this weekend in New Orleans, 
where people from all over the United States and the world will be 
celebrating in this great achievement and activities.
  We have been very fortunate in our local Y, where many local leaders 
today in our city of Newark have come up through the YMCA's programs of 
youth and government and Model United Nations and trips abroad and work 
programs, and so it is with that spirit that I stand here proud to 
commend the YMCA on 150 years.
  We wish them continued success in their work.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OSBORNE. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Maryland (Mrs. Morella).
  Mrs. MORELLA. Mr. Speaker, I thank the gentleman from Nebraska (Mr. 
Osborne) for yielding the time to me.
  Mr. Speaker, I rise in strong support of H.Con.Res. 172, which I 
introduced with the gentleman from New Jersey (Mr. Payne), my 
colleague, to honor the YMCA.
  For 150 years, YMCAs have touched the lives of communities across our 
Nation by pioneering so many activities that we value; camping, public 
libraries, night schools, swimming lessons, lifesaving courses and 
teaching English as a second language. Over 2,400 volunteer-based YMCA 
programs across this Nation dedicate themselves to building strong 
youth, strong families and strong communities.
  In fact, YMCAs partner with local schools, hospitals, police 
departments, juvenile courts and housing authorities to incorporate the 
needs of their own communities into the programs that they offer.
  In my district, Montgomery County, Maryland, the YMCAs are invaluable 
to parents through both after-school care and summer camp programs. My 
constituents can avail themselves of programs at the Bethesda-Chevy 
Chase YMCA, Silver Spring YMCA, the Upper Montgomery County YMCA, and 
Camplets, is an exemplary summer camp.
  Horizons is a good example offered at the Bethesda-Chevy Chase YMCA 
of a program that really works. This coed

[[Page 11965]]

program assists young people to develop more self-esteem, self-control 
and improved relationships with people their own age. Youth who take 
part in Horizons develop self-reliance skills and experience what it 
means to excel.
  Today over a quarter of the Nation's families are headed by single 
parents.

                              {time}  1945

  YMCA is often a helping hand, providing athletic activities, 
substance abuse programs that also deal with prevention and volunteer 
programs to increase the involvement of youth in community service. As 
the country's largest provider of after-school programs, the kids see 
the YMCA as a safe home away from home.
  In addition to providing a supportive and compassionate environment 
for children and adolescents, the YMCA cultivates innovation and new 
ideas. Our most recent holiday, Father's Day, was first commemorated by 
the YMCA. Quite frankly, the Boy Scouts of America, the Campfire Girls, 
and the Association for the Study of Negro Lives and History, those 
organizations began at the YMCA. Few organizations boast such 
creativity and responsiveness to the needs of communities around the 
Nation.
  The YMCA not only charters new programs, but enters into the 
partnerships with other organizations. Schools, hospitals, and housing 
authorities work closely with YMCA programs to coordinate youth 
activities, and millions of soldiers at home and abroad have been aided 
by war relief services. Such innovations and partnerships make the YMCA 
the largest nonprofit community service network in the United States.
  The YMCA currently makes a difference in the lives of all over 17 
million people. Our support for the continued good work of the Young 
Men's Christian Association is vital as it has provided such a positive 
impact throughout the last 150 years.
  I urge this House to join in honoring the YMCA for its unfailingly 
impressive service to the United States, and I wish the YMCA well in 
their next 150 years of public service.
  Mr. PAYNE. Mr. Speaker, I yield back the balance of my time.
  Mr. OSBORNE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Isakson). The question is on the motion 
offered by the gentleman from Nebraska (Mr. Osborne) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
172, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________



                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2001, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________



    ANNOUNCING THE APPOINTMENT OF MEMBERS OF THE LANDS TITLE REPORT 
                               COMMISSION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Ohio (Mr. Oxley) is recognized for 5 minutes.
  Mr. OXLEY. Mr. Speaker, pursuant to authority granted by section 
501(b)(1)(c) of Public Law 106-569, I am announcing my appointment of 
the following four individuals to the Lands Title Report Commission, 
established by section 501(a) of that Act: Mr. Chester Carl of Window 
Rock, Arizona; Mr. Louie Sheridan of Lincoln, Nebraska; Mr. Bob 
Gauthier of Pablo, Montana; and Mr. Francis X. Carroll of Buffalo, New 
York.
  These individuals were chosen for this appointment due to their 
demonstrated experience in and knowledge of land title matters relating 
to Indian trust lands. The Commission, and their appointment, will 
expire 1 year after the Commission's initial meeting.
  The Commission is responsible for analyzing the system of the Bureau 
of Indian Affairs for maintaining land ownership records and title 
documents and issuing certified title status reports relating to Indian 
trust lands and, pursuant to such analysis, determining how best to 
improve or replace the system. The Commission is then required to 
report to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate on its findings.
  The other eight members of the Commission are appointed by the Senate 
and the President.
  Mr. Speaker, I want to congratulate these fine individuals on their 
appointments, and look forward to their report.

                          ____________________



      ASKING CONGRESS TO HELP STOP JUVENILE DIABETES IN ITS TRACKS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Sandlin) is recognized for 5 minutes.
  Mr. SANDLIN. Mr. Speaker, I rise today to ask the Congress to help a 
young friend of mine, Anna Kate Gunn. I am also asking the Congress to 
help over 1 million other young children in this country who, like Anna 
Kate, suffer from the disease of juvenile diabetes.
  I hold in my hand a book of children from all over this country, all 
races, all creeds, all colors, all languages, faces of hope, faces that 
are looking to us to try to do the right thing, faces of other children 
with juvenile diabetes. Our country is too strong, it is too great, it 
is too powerful, and it is too rich not to help our children by 
stopping juvenile diabetes in its tracks right now.
  Mr. Speaker, the Juvenile Diabetes Research Foundation just concluded 
its 2001 Children's Congress here in Washington. This year, 200 
delegates representing all 50 States gathered to meet with policymakers 
to ask our support as we make decisions about legislation that will 
impact funding for diabetes research. Diabetes is a chronic 
debilitating disease that affects every organ system in the body. Type 
1 diabetes or juvenile diabetes lasts a lifetime.
  Those who are stricken with this disease must take insulin just to 
live. However, insulin does not cure diabetes or prevent the 
possibility of its eventual devastating affects. Those affects include 
kidney failure, blindness, nerve damage, amputation, heart attack, 
stroke.
  More than 1 million Americans have juvenile diabetes. A new case of 
juvenile diabetes is diagnosed every single hour in this country. 
Diabetes shortens the life expectancy of these children by 15 years. It 
is the single most costly chronic disease. It totals more than $105 
billion of annual health care spending in the United States of America.
  Anna Kate Gunn, my young friend from Texas, came by the office today 
with her parents and her grandfather, Gene Stallings, a well-known 
sports hero, former coach of the Texas Cowboys, of Texas A&M, of 
Alabama, of St. Louis.
  Anna Kate was diagnosed with juvenile diabetes when she was 11 months 
old. Now, at age 3, she endures three insulin injections a day and 8 to 
10 finger pricks a day to check her blood sugar level. Without a cure 
for juvenile diabetes, Anna Kate will have to live with these 
injections, with these finger pricks for the rest of her life.
  One of the funding decisions we make in Congress will be a part that 
involves stem cell research, a critical part of research in this area. 
This breakthrough research holds great promise in the cure and 
treatment of many diseases afflicting Americans and many disabilities 
including juvenile diabetes.
  There are three sources of stem cells, embryonic, fetal, and adult 
stem cells. Each of these types of cells is very different from the 
others and all are needed to advance research.
  Specifically, embryonic stem cell research offers hope to the more 
than 1 million American children like Anna Kate who suffer from 
juvenile diabetes. These cells have the potential to become insulin 
producing cells because of their unique potential to differentiate into 
any human type of cell. It is necessary for researchers to understand 
how embryonic stem cells work before they can get the full affect of 
the adult stem cell research.
  Federal support for embryonic stem cell research is essential to the 
work

[[Page 11966]]

that scientists are doing to create therapies for a range of serious 
and currently intractable diseases. By impeding embryonic stem cell 
research, we risk unnecessary delay for millions of patients, millions 
of children across this country who may die or endure needless 
suffering while the effectiveness of adult stem cells is evaluated.
  Certainly, there are legitimate ethical concerns and issues raised by 
this research. However, it is important to understand that the cells 
being used in this research were destined to be discarded. The cells 
used are destined to be discarded. They are destined to be discarded. 
Under these circumstances, it would be tragic to waste this opportunity 
to pursue the work that could potentially alleviate human suffering 
especially in our children.
  For the past 35 years, many of the common human virus vaccines have 
been produced in cells derived from the human fetus to the benefit of 
tens of millions of Americans. Clearly, there is a precedent for the 
use of fetal tissue that would otherwise be discarded. This is not a 
political issue. It is an issue of human responsibility. It is an issue 
of human decency. It is an issue of doing what is right by our children 
in this country.
  Furthermore, the American public overwhelmingly supports this 
research. In a poll conducted earlier this year, 65 percent of those 
surveyed said they support Federal funding stem cell research. It is 
the right thing to do.
  Stem cell research is still in the early stages. In order to receive 
the full benefits of the research, there must be additional study. 
Federal funding of this research ensures public oversight and 
accountability among researchers receiving Federal grants. These 
researchers will be required to adhere to strict guidelines that do not 
govern private research. Further, Federal funding will allow many 
scientists to expand the research in this critical area, thus hastening 
the discovery of therapies.
  Mr. Speaker, we fund many worthwhile projects in the United States 
Congress. Surely, we can advance funds to save the lives of our 
children in this country.
  Putting an end to public support of this research would have a 
devastating effect on the future of research in numerous diseases. 
Congress and the administration should allow this important research to 
continue, if not for the sake of science, for the sake of Anna Kate and 
children all across this country that are similarly situated.
  Please remember those faces looking at us, faces looking at us in 
trust and in hope. We cannot let them down. Mr. Speaker, let us do the 
right thing by America's children.

                          ____________________



 REINTRODUCTION OF THE PRIVATE BILL FOR THE RELIEF OF ADELA AND DARRYL 
                                 BAILOR

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Indiana (Ms. Carson) is recognized for 5 minutes.
  Ms. CARSON of Indiana. Mr. Speaker, on May 8 of this year, I 
introduced H.R. 1709, legislation that would provide private relief for 
Adela and Darryl Bailor.
  As my colleagues know, Mr. Speaker, private relief is available in 
only rare instances. I believe that the circumstances surrounding the 
Bailors' case qualifies under the rules of private legislation. I 
believe so firmly in the importance of this case that I have introduced 
this legislation the 105th, the 106th, and the 107th Congresses.
  The facts surrounding this case are clear and undisputed. Adela 
Bailor, while working for Federal Prison Ministries in Fort Wayne, 
Indiana was raped on May 9, 1991 by a Federal prisoner who had escaped 
from the Salvation Army Freedom Center, a halfway house in Chicago, 
Illinois.
  What makes the Bailor case special is that they were caught in a 
legal Catch-22. The Bailors filed suit against the Federal Bureau of 
Prisons and the Salvation Army which ran the halfway house to which Mr. 
Holly was assigned.
  One of the requirements for all inmates at a halfway house is that 
they remain drugfree and take a periodic drug test. Mr. Holly had a 
history of violence and drug abuse, including convictions for 
possession of heroin.
  On May 6, Mr. Holly was called into the Salvation Army office and was 
told that his drug test was positive for cocaine use. Salvation Army 
had the option of informing Mr. Holly of the failed drug test with a 
U.S. Marshal present, but chose not to. When advised of his GPO's PDF 
drug test failure, Holly simply announced that he was out of here and 
walked through the unlocked door.
  In the lawsuit, the Bailors lost on a legal technicality. The 7th 
Circuit Court of Appeals recognized this technicality. The technicality 
was that, under the law, apparently no one had true custody of William 
Holly. The Federal Bureau of Prisons had legal custody of Holly, but 
not physical custody. Salvation Army had physical custody of Holly, but 
not legal custody.
  Recognizing that this was legally untenable, the 7th Circuit Court 
recommended that Ms. Bailor apply to Congress for private relief.
  I ask my colleagues to join in this effort to eliminate this gross 
injustice for Ms. Adela Bailor and Darryl Bailor. If we believe in 
victims' rights, then we must hold those who are responsible for the 
incarceration of violent criminals accountable for such conduct.
  Interestingly and profoundly, Adela Bailor is an honorably discharged 
Marine Corps veteran. At the time of the attack, she was helping to 
make this country a better place. We cannot and should not turn our 
back on her because of a legal loophole.
  The 7th Circuit has reviewed this case fully and has made the 
recommendation that they apply to the Congress. Although Congress is 
not bound by such recommendations, Congress should give a great 
deference to the legal analysis by the Circuit Court which has 
determined that Adela Bailor and Darryl Bailor fall into an unusual 
legal situation.

                              {time}  2000

  Mr. Speaker, I urge and encourage my colleagues to sign on to a 
letter to be sent to the gentleman from Pennsylvania (Mr. Gekas), 
chairman of the Subcommittee on Immigration and Claims, urging him to 
hold a hearing on H.R. 1709. We will be in the process of sending that 
letter next week, Mr. Speaker.

                          ____________________



                        PRESCRIPTION DRUG PRICES

  The SPEAKER pro tempore (Mr. Kerns). Under the Speaker's announced 
policy of January 3, 2001, the gentleman from Vermont (Mr. Sanders) is 
recognized for 20 minutes as the designee of the minority leader.
  Mr. SANDERS. Mr. Speaker, I want to thank the gentleman from New 
Jersey (Mr. Pallone) for making some of his time available to me.
  Mr. Speaker, I want to tell a story tonight about what happens when 
an industry with unparalleled greed operates and spends huge sums of 
money, with the result that they are destroying the health and well-
being of millions of Americans. And the industry that I am talking 
about, sadly enough, is the pharmaceutical industry.
  Mr. Speaker, I think, as my colleagues know, millions of Americans 
today cannot afford the outrageously high cost of prescription drugs in 
this country. Some of these people will die because they are unable to 
purchase the prescription drugs that their physicians prescribe to 
them. Many of them will just continue to suffer, not being able to get 
the alleviation for their pain because they cannot afford those 
prescription drugs. Others will buy the prescription drugs by taking 
money out of their food budget or their heat budget and will do without 
other basic necessities of life in order to purchase prescription 
drugs.
  Disgracefully, Mr. Speaker, tragically, the American people pay by 
far the highest prices in the world for prescription drugs. It is not 
even close. Several years ago, I took a number of Vermonters over the 
Canadian border into Montreal because they could not afford the very, 
very high prescription drug prices in our own country. And what we 
found when we went over the

[[Page 11967]]

border to Montreal is that the same exact drugs, manufactured and sold 
in the United States, were sold for a fraction of the cost an hour away 
from where my constituents were living in northern Vermont.
  Some of the women who went with me over the border were fighting for 
their lives against breast cancer, an affliction that affects large 
numbers of women in this country. And what they found when they went 
across the border with me is that tamoxifen, a widely prescribed breast 
cancer drug, was selling in Canada for one-tenth the price, 10 percent 
of the price, that it is sold in the United States. Imagine that, women 
who are struggling for their lives are forced to pay ten times more in 
the United States than our neighbors are paying in Canada for the same 
exact drug manufactured by the same exact company.
  It is not just Canada and it is not just Mexico. In the southern part 
of our country, California, Texas, and Arizona, Americans are going 
across our southern borders into Mexico for the same exact reason that 
Americans in the northern part of this country are going into Canada. 
But it is not just Mexico and Canada that have substantially lower 
prices for prescription drugs. It is every other major country on 
Earth.
  Mr. Speaker, for every $1 spent in the United States for a 
prescription drug, those same drugs are purchased in Switzerland for 65 
cents, the United Kingdom for 64 cents, France for 51 cents, and Italy 
for 49 cents. The same exact drugs. Meanwhile, while the pharmaceutical 
industry rips off the American people, causes death, causes suffering, 
that same industry year after year is at the top of the charts in terms 
of profits.
  Last year, for example, the top 10 pharmaceutical companies earned 
$26 billion in profit. Twenty-six billion dollars. Why is it that 
prescription drug prices are higher in the United States than in any 
other industrialized country? Well, the answer is pretty obvious. The 
pharmaceutical industry is perhaps the most powerful political force in 
Washington and has spent over $200 million in the last 3 years on 
campaign contributions, lobbying, and political advertising. Twenty 
million dollars in the last 3 years in order to make sure that Congress 
does not lower the outrageously high cost of prescription drugs and 
affect their profits. Two hundred million dollars.
  We see that money spent. We see it in the TV ads in our homes, on our 
home television stations. We see it in the full page ads in the 
Washington papers and in papers all over this country. Amazingly, not 
only are they spending money on advertising, not only do they spend 
money on campaign contributions, but the vast majority of Members of 
Congress receive money from the pharmaceutical industry. The political 
parties receive money from the pharmaceutical industry in soft money. 
But even more amazing, the pharmaceutical industry has on their payroll 
almost 300 paid lobbyists right here on Capitol Hill. Imagine that. 
There are 535 Members of Congress, 100 in the Senate, 435 in the House, 
and they have 300 paid lobbyists, including former Senators, former 
Members of the House, knocking on our doors every day, saying, hey, do 
not do anything to lower the cost of prescription drugs. Keep our 
profits high, and we will make sure you get your campaign 
contributions.
  This is an absolute disgrace to democracy and it is an outrage being 
perpetrated against millions of Americans who want nothing more than to 
be able to purchase reasonably priced prescription drugs. Mr. Speaker, 
year after year senior citizens throughout this country and those with 
chronic illnesses cry out for prescription drug reform and lower 
prices, but their cries and their tears go unheeded as the 
pharmaceutical industry and their lobbyists defeat all efforts to lower 
prices. Year after year those poor people come up here, bla, bla, bla, 
bla, bla, and year after year every effort is defeated because the 
pharmaceutical industry and their money machine prevents any real 
reform.
  Well, this year it is my hope that it will be different because 
Congress is going to build on our successes from the last session of 
Congress. Last year this Congress, in a bipartisan measure, 
overwhelmingly passed legislation which promised the American people 
that they would be able to buy prescription drugs at the same low 
prices as do consumers in other countries through a reimportation 
program. And that means that the United States, in the midst of a 
global economy, that our prescription drug distributors, our 
pharmacists, should be able to purchase FDA safety-inspected drugs from 
any country where they can get a better price. If drugs are sold in 
Canada for one-tenth the price, pharmacists in the United States should 
be able to reimport those drugs under strict FDA safety regulations.
  In the House last year, the Crowley reimportation amendment, 
introduced by the gentleman from New York (Mr. Crowley), won by a 363 
to 12 vote. Unfortunately, at the end of a long legislative process, 
loopholes were put into the overall bill last year that made it 
ineffective. While the law remains on the books, it has not been 
implemented by either the Clinton or the Bush administrations. In an 
increasingly globalized economy, where we import food and other 
products from all over the world, it is incomprehensible that 
pharmacists and prescription drug distributors are unable to import or 
reimport FDA safety-approved drugs that were manufactured in FDA 
approved facilities.
  The pharmaceutical industry and their supporters in Congress are 
sending out letters right now saying, oh, this is a dangerous idea, we 
are going to be poisoning the American people. This is absolute 
nonsense. Let me briefly read from a letter that was sent to Senator 
Byron Dorgan on September 13, 2000 last year. And as many people know, 
Dr. Kessler is the former FDA commissioner, I believe under both former 
Presidents Bush and Clinton, and this is what he stated in his support 
of reimportation last year, and I quote.
  ``I believe U.S. licensed pharmacists and wholesalers, who know how 
drugs need to be stored and handled, and who would be importing them 
under the strict oversight of the FDA, are well-positioned to safely 
import quality products rather than having American consumers do this 
on their own. Second, if the FDA is given the resources necessary to 
ensure that imported FDA approved prescription drugs are the authentic 
product, made in an FDA-approved manufacturing facility, I believe the 
importation of these products can be done without causing a greater 
health risk to American consumers than currently exists. Finally, as a 
Nation, we have the best medical armamentarium in the world. Over the 
years, FDA and the Congress have worked hard to assure the American 
public has access to important medicine as soon as possible. But 
developing lifesaving medications does not do any good unless Americans 
can afford to buy the drugs their doctors prescribe. The price of 
prescription drugs poses a major public health challenge. While we 
should do nothing that compromises the safety and quality of our 
medicine, it is important to take steps to make prescription drugs more 
affordable.''
  That is Dr. David Kessler, in a letter to Senator Byron Dorgan of 
September 13, 2000.
  Mr. Speaker, when the agricultural appropriations bill comes up, 
perhaps on Thursday, perhaps next week, the gentleman from New York 
(Mr. Crowley), the gentlewoman from Connecticut (Ms. DeLauro), and 
others and I intend to introduce an amendment, the reimportation 
amendment, which is the same amendment as the gentleman from New York 
(Mr. Crowley) introduced last year that received, as I mentioned 
before, 363 votes.
  We know right now that the pharmaceutical industry's cash register is 
clicking overtime. Their lobbyists are all over Washington trying to 
scare Members of Congress so that they will not pass this legislation. 
But I believe that when Members of Congress go into their hearts and 
when they listen to the seniors and the other people back home who are 
sick and tired of paying

[[Page 11968]]

outrageously high prices for prescription drugs, who are sick and tired 
of having to go to Canada and Mexico to buy the drugs that they need, I 
believe that despite all of the scare tactics of the pharmaceutical 
industry and their representatives in the United States Congress, that 
Congress will have the guts to stand up to them and vote for the 
American people and pass the Sanders-Crowley-DeLauro reimportation 
amendment.
  Mr. Speaker, when that amendment comes before the floor, it may be 
the only opportunity this year or next year that Members of Congress 
will have to vote to lower the outrageously high cost of prescription 
drugs. I hope and am confident that Members of Congress will ignore the 
scare tactics of the pharmaceutical industry and their representatives 
and join the gentlewoman from Connecticut (Ms. DeLauro), the gentleman 
from New York (Mr. Crowley), and myself, and many others from both 
parties, in demanding that finally, after years and years of talk, we 
lower the cost of prescription drugs in this country and we create a 
situation in which American consumers do not have to continue paying 
far more than people throughout the rest of the world for the same 
exact prescription drugs.
  Mr. Speaker, I want to thank my friend, the gentleman from New Jersey 
(Mr. Pallone), for having yielded me his time, and I yield back the 
balance of my time.

                          ____________________



                           HEALTH CARE REFORM

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2001, the gentleman from New Jersey (Mr. Pallone) is 
recognized for the remainder of the minority leader's hour, 
approximately 47 minutes.
  Mr. PALLONE. Mr. Speaker, I do not know whether I will use all of 
that time, but I do want to discuss tonight another health care issue. 
I appreciate my colleague, the gentleman from Vermont (Mr. Sanders), 
talking about the prescription drug issue and the reimportation issue; 
and that is certainly one of the major health care issues that needs to 
be addressed in this Congress.
  I talk all the time about three health care issues that I know that 
President Bush said during the course of his campaign he would address 
and that have not been addressed. Unfortunately, what we have here in 
the House, with the Republicans in control, the Republican leadership 
so far has been unwilling to address the three major areas that I hear 
about most in health care. One is prescription drugs, which my 
colleague from Vermont just mentioned; the other is the Patient's Bill 
of Rights, or HMO reform; and the third is the need to try to cover 
those 40 to 45 million Americans who have no health insurance.

                              {time}  2015

  Mr. Speaker, fortunately, the other body is now discussing HMO 
reform, the Patients' Bill of Rights. I would say that the reason that 
has happened is because of the switch in the majority from Republican 
to Democrat in the other body. The first order of business that the new 
Democratic majority took up was HMO reform, the Patients' Bill of 
Rights.
  Tonight I would like to discuss briefly why I think it is important 
to pass the Patients' Bill of Rights, and not just any Patients' Bill 
of Rights, but the Patients' Bill of Rights, or HMO reform, that was 
introduced in the other body by Senator McCain, Senator Kennedy, and 
Senator Edwards, and that has been introduced in the House by the 
gentleman from Iowa (Mr. Ganske) and the gentleman from Michigan (Mr. 
Dingell).
  These are bipartisan bills, but I need to point out that the thrust 
of the bills is from the Democratic side, because the Republican 
leadership, even though there are some Republicans that are playing a 
key role on these bills, the Republican leadership has refused to bring 
them up in either House, or to support the Ganske-Dingell bill, the 
real Patients' Bill of Rights here in the House, or the McCain-Kennedy-
Edwards, the real Patients' Bill of Rights in the other body.
  I will not refer to them necessarily as the Democratic bills because 
we do have some Republican support, but they are Democratic bills in 
that the Democratic leadership supports them in both Houses and the 
Republican leadership does not support them in either House.
  Why are we talking about the Patients' Bill of Rights and HMO reform. 
Two reasons. This comes from my constituents and from Americans from 
all walks of life. Increasingly, if a person is in a managed care 
situation, if you are in an HMO, the decision about what type of care 
you get, and that means whether you get a particular medical procedure, 
whether you can go to a particular hospital, whether you can stay in 
the particular hospital for a particular length of time, these types of 
decisions about your care unfortunately are made almost exclusively now 
by insurance companies, by the HMOs.
  What the Democrats have been saying and what the real Patients' Bill 
of Rights says is that that needs to change. That needs to go back to 
medical decisions, what is medically necessary for you as a patient, 
that decision is made by your physician, your health care professional 
and you as a patient, not by the insurance company. That is the one 
major change, and the one need for reform with regard to HMOs that the 
Patients' Bill of Rights seeks to accomplish.
  The other major issue and the other major change is the fact that 
today in HMOs, if a decision is made about what type of care you get, 
and you do not agree with that, in other words you have been denied the 
care that your doctor and you feel is medically necessary, you do not 
have any place to go. You can file a grievance with the HMO; and they 
will review it and say sorry, we made a decision, and we are not going 
to change it.
  What the Democrats would like to see, what the Dingell-Ganske bill 
would do is turn that around and say if you want to seek a redress of 
grievances because you feel you have been improperly denied care, you 
can go to an external review board, an independent review board outside 
of the HMO, and they will review that decision by the HMO. They have 
the power to overrule it if they think that care was improperly denied 
and you need the care that your physician says is necessary.
  Failing that, in certain circumstances you would be able to go to 
court and bring suit so you could have the decision of the HMO turned 
around, or you could even be granted damages if you were seriously 
injured and it was too late to correct your situation; or God forbid, 
you died, your estate could sue for damages.
  Now, those two things, those two basic theories, the decision about 
what kind of care you get is made by a health care professional, not by 
the insurance company, and that you have some place to go to right that 
wrong and to turn that decision around are really at the heart of the 
Patients' Bill of Rights.
  Mr. Speaker, I want to talk about some of the specific things that 
the Patients' Bill of Rights will do which I think are important. I 
will mention a few that apply to patients, and then I want to mention a 
few that apply to doctors, because I think as you know, the doctors now 
under HMOs feel that they cannot even practice medicine. There are a 
lot of restrictions on what they can do, so the decision is important 
for the doctors as well as for the patients.
  One area is access to emergency room care. The Patients' Bill of 
Rights allows patients to go to any emergency room during a medical 
emergency without having to call a health plan first for permission. 
Emergency room physicians can stabilize patients and begin to plan for 
post-stabilization care without fear that health plans will later deny 
coverage.
  This is a big concern that patients have. I get chest pains, I think 
I am having a heart attack. I cannot go to the hospital that is down 
the street. I have to go to one 150 miles away. I may suffer damage 
because I have to go to an emergency room so far away. That makes no 
sense. We reverse that and say if you feel, if the average person feels 
by having severe chest pains they

[[Page 11969]]

need to go to the closest hospital, they have the right to go there and 
the insurance company has to pay for that emergency room care.
  Access to needed specialists. Part of the problem now is many 
patients, many Americans in HMOs do not have access to a specialist. 
They may have access to a family physician, but if they want to go to a 
specialist in that particular area where they need help, they cannot 
obtain that through the HMO.
  The Patients' Bill of Rights ensures that patients who suffer from a 
chronic condition or require care by a specialist will have access to a 
qualified specialist. If the HMO network does not include specialists 
qualified to treat a condition, such as a pediatric cardiologist, for 
example, to treat a child's heart defect, it would have to allow the 
patient to see a qualified doctor outside the network at no extra cost.
  The Patients' Bill of Rights also allows patients with serious 
ongoing conditions to choose a specialist to coordinate care or to see 
their doctor without having to ask their HMO for permission before 
every visit. This is common sense.
  The Patients' Bill of Rights also allows direct access to an OB-GYN. 
It allows the woman to have direct access to OB-GYN care without having 
to get a referral from her HMO. Women would also have the option to 
designate their OB-GYN as their primary care physician. This is very 
important to women.
  Finally, and there are so many other patient protections, and I just 
want to mention a few because I want everyone to understand how 
important these patient protections are, the Patients' Bill of Rights 
says that needed prescription drugs would be available to patients. 
Currently, many HMOs refuse to pay for prescription drugs that are not 
on their preapproved list of medications. As a result, patients may not 
get the most effective medication needed to treat their condition.
  The Patients' Bill of Rights ensures that patients with drug coverage 
will be able to obtain needed medications even if they are not on the 
HMO's approved list. If your plan does not include drugs, we are not 
saying that you are going to get it. But if your plan includes drugs, 
they cannot limit you to the preapproved list of medications.
  Let me talk about some of the ways in which the Patients' Bill of 
Rights, the Dingell-Ganske bill and the McCain-Kennedy-Edwards bill, 
frees up doctors to practice medicine, because many times they feel 
that their hands are tied. My point is what I originally said, is that 
accountants and insurance company executives and staff should not be 
making medical decisions. It is the doctor who should be able to make 
medical decisions.
  What the Patients' Bill of Rights says is that it prohibits insurers 
from gagging doctors. Patients have a right to learn from their doctor 
all of their treatment options, not just the cheapest. The Patients' 
Bill of Rights prevents HMOs from interfering with doctors' 
communications with patients. Doctors cannot be penalized for referring 
patients to specialists or discussing costly medical procedures.
  People do not understand that a lot of Americans are in HMOs where 
they say that the doctor cannot talk to you about a preferred method of 
treatment. If the insurance plan does not cover a particular procedure, 
then they can tell the doctor that he cannot talk to you about it even 
if he thinks that you need it. That is the gag rule. We have eliminated 
it.
  The Patients' Bill of Rights allows doctors to make the medical 
decisions. It says that doctors rather than insurance company 
bureaucrats will basically decide what kind of medical care you get. 
HMOs are prevented from inappropriately interfering with doctors' 
judgments and cannot mandate drive-through procedures or set arbitrary 
limits on hospital lengths of stay.
  In addition, doctors and nurses who advocate on behalf of their 
patients will be protected from retaliation by HMOs. There are many 
patient protections in the Patients' Bill of Rights. I am not going to 
go into all of them tonight, Mr. Speaker. Suffice it to say the main 
thing is the idea that doctors will make decisions, not the insurance 
company; and there is some way to appeal that decision outside of the 
HMO.
  Mr. Speaker, I wanted to go into some other areas that relate to the 
Patients' Bill of Rights because we know that the other body is 
considering it. They have done so for about 10 days, and we are hoping 
that it will come here to the House of Representatives eventually. Some 
of the arguments that are being used now against the real Patients' 
Bill of Rights, the Democratic bill, are that a lot of States have 
already enacted legislation that would protect patients, and so it is 
not really necessary for the Federal Government to act. I hear this 
from time to time.
  My State of New Jersey has actually passed a fairly strong patient 
protection act. Some people say we have it in New Jersey, or maybe we 
have some form of it in other States. Why do we need to do something on 
the Federal level? I think that is a very important point that needs to 
be responded to. I just want to talk a little bit about that tonight if 
I can, Mr. Speaker.
  First of all, the real reason we need Federal legislation is that 
these protections that do exist today are sort of like a patchwork 
quilt, and there are a lot of holes in it and a lot of differences from 
State to State. There are a lot of differences in the protections that 
are afforded to people. There are enormous differences in the way that 
a person can redress their grievances, what kind of external review 
they would have, what kind of ability to sue that they would have. 
Also, let me just get into basically three areas, if I could, where we 
see the State laws different and I can explain why we need a Federal 
bill.
  Of the 10 areas of consumer protections that are primarily the focus 
of the Patients' Bill of Rights, only one State has adopted most of 
those protections. In a lot of States maybe half of the protections are 
provided and half of them are not. But even in States that have adopted 
specific patient protections, those laws are not applicable to many of 
the States' residents. So you might have in a State with no patient 
protections, or in a State that has some; but you might not be in a 
group that is covered by those patient protections. The State laws 
differ in terms of who is covered.
  For example, some States have the prudent-layperson standard for 
emergency room care. If I feel as an average person because I have 
chest pains I should go to the local emergency room, I can go there and 
it will be paid for. That varies. Some States have it, and some States 
do not. About 43 percent of all employees who get their health care 
coverage through their employer are not covered by protections even in 
the States that have something like a Patients' Bill of Rights.
  Mr. Speaker, I do not want to dwell on this forever, but the point I 
am making is that it is a very hollow argument for somebody to say that 
we do not need the Federal law because some States have enacted this 
because some States have, and others have not. Some people are covered 
in those States, and others are not; and they may have some 
protections, but they may not necessarily have all of the protections.
  In New Jersey, which has a pretty strong Patients' Bill of Rights, 
there was an article just a couple of months ago in one of my local 
papers, the Home News Tribune, an editorial, that advocated for a 
Federal Patients' Bill of Rights because it said that it is very 
difficult in New Jersey to sue if you have been denied care.

                              {time}  2030

  That is just another example, even in a State as strong as New 
Jersey, where we need some Federal action.
  I wanted to talk about two other things tonight, Mr. Speaker, two 
other areas related to the Patients' Bill of Rights, before I yield 
back the balance of my time.
  One is that I know that in the other body, efforts are being made to 
weaken the Democratic proposal, the McCain-Kennedy-Edwards bill, 
through amendment. Fortunately, those efforts have failed. I think it 
is significant because it shows that even though this is primarily a 
Democratic bill, that we clearly have enough Republicans now that are 
coming over with us on these

[[Page 11970]]

key amendments that we are forging a bipartisan coalition to support 
the real Patients' Bill of Rights regardless of the fact that the 
Republican leadership opposes the bill.
  The two amendments that came up within the last week, I think, are 
significant. One of the amendments which was rejected by a vote of 56 
to 43 proposed to exempt employers from health care lawsuits in every 
situation. Now, this has been a major point of contention, because some 
people say, well, the problem with the Patients' Bill of Rights is that 
employers may be sued. What we have said is there is a very limited 
situation where employers can be sued and that is only if they have 
taken direct responsibility and have been directly involved in the 
decision of what type of care you should get. But the Republican 
leadership wanted to just say that they could not be sued under any 
circumstances. I think that is wrong. I was glad to see that that 
amendment was struck down. I think actually that took place today in 
the other body.
  The other amendment which I believe was defeated last week related 
basically to tax breaks. This was a Republican proposal to add a 
provision speeding up tax breaks to cover costs of health insurance for 
the self-employed. I mention that one, although it may not be as 
obvious why that is a bad thing, because what we have seen in the past, 
and this is what happened in the House of Representatives last year 
when we took up the real Patients' Bill of Rights, is that there was an 
effort to try to add all kind of things to the bill, what I call poison 
pills, to load it up with all kinds of unrelated ideas, if you will, or 
proposals so that it would never pass.
  What really happened last year is that the Republican leadership was 
fairly successful, in that even though we passed a good Patients' Bill 
of Rights in the House of Representatives, they put in all these poison 
pills or extraneous provisions related to tax breaks, related to 
malpractice, related to medical savings accounts, and so that when the 
bill went to conference between the two Houses, it was virtually 
impossible to get a bill out of conference and to the President because 
of all these poison pills, added provisions, loading down the Patients' 
Bill of Rights so that it could not pass and was not a clean bill. We 
do not want that to happen again.
  I have been very happy with what is happening in the other body 
because it is clear that we have a majority, albeit a slight one, 
between most of the Democrats and a few Republicans to try to have a 
bill that clearly will shift the burden so that decisions are made by 
doctors and there is a real way of redressing your grievances and, on 
the other hand, not loading this bill down with all kind of extraneous 
material so we can never get it out of conference and to the 
President's desk.
  But the other development that occurred today that was disturbing, 
and I think I need to speak out on it because I need to expose again 
what the Republican leadership this time in the House is trying to do, 
is that the Republican leadership in the House, which so far has 
refused to bring up the real Patients' Bill of Rights, will not have it 
go through committee, will not bring it to the Committee on Rules, will 
not bring it to the floor, as the Republican leadership has unveiled 
their own HMO reform bill which, of course, you know, they are going to 
call the Patients' Bill of Rights, but it is not the real Patients' 
Bill of Rights. It is not the bill that has already passed the House, 
that is now being considered in the other body, that has the support of 
almost every Democrat and about a third of the Republicans.
  I want to talk a little bit, if I can this evening, Mr. Speaker, 
about why this latest House Republican leadership proposal for HMO 
reform does not cut the mustard and is just a subterfuge to try to kill 
the real Patients' Bill of Rights, because what I think is going to 
happen is that the Republican leadership when we come back from the 
July 4th recess is going to try to bring up their version of HMO reform 
and ignore the real Patients' Bill of Rights and try to make it so that 
the real Patients' Bill of Rights never gets considered on the House 
floor.
  Let me tell you a little bit about what this Republican plan that was 
introduced today, or they had a press conference today, is all about. I 
would characterize it as an HMO, an insurance company bill of rights 
rather than a Patients' Bill of Rights. Once again the Republican 
leadership is protecting managed care plans from simply being held 
accountable for their actions. Unlike the real Patients' Bill of 
rights, the Republican plan leaves the review of patient grievances in 
the hands of the insurance companies and still allows insurance 
companies the ability to dictate the services patients receive.
  Now, I have said before why this is unacceptable. It is unacceptable 
because the core of the real Patients' Bill of Rights is the idea that 
the insurance companies do not make medical decisions; the doctors and 
the patients do. We want to see a real Patients' Bill of Rights, that 
is what our constituents tell us, not a phony one.
  The legislation that the Republican leadership introduced today does 
not provide many of the assurances that I talked about tonight that the 
real Patients' Bill of Rights provides. It allows HMOs to choose the 
external appeals panel and then allows the panel to determine whether 
the patient can go to court without allowing the patient the right to 
appeal. In addition, the Republican bill provides only a narrow venue 
for State lawsuits which then forces all suits over improperly denied 
care to go to Federal court.
  Now, some people may say, Well, what's the difference whether I sue 
in State court or Federal court? Let me tell you, it makes a big 
difference. What the Democratic bill says is that you can sue in State 
court. If the Republican bill forces you into Federal court, there are 
not that many Federal courts and their dockets are overcrowded and 
people have a much harder time suing in Federal court, and it costs you 
a lot more money to sue in Federal court. So there is a difference. I 
do not want to play it up in a major way, but I want to explain why 
there is a difference.
  I think that what the Republican leadership did today in the House is 
that basically what they are trying to do is sort of outbest what the 
other body is doing. They know that the other body is likely to pass a 
real Patients' Bill of Rights, and they want to bring up a fake one 
here in the House that the majority of the Members, almost all the 
Democrats and even about a third of the Republicans are opposed to.
  We will see what happens, but I think that we need to expose what is 
happening here and how this latest bill which was much heralded today 
by the Republican leadership really does not accomplish the major goal 
of the real Patients' Bill of Rights, which is to switch the decision 
about what kind of care you get to your doctor and you rather than the 
insurance company and that allows you to basically appeal a denial of 
care to an independent body outside of the HMO and ultimately to court 
if you do not have a fair shake.
  Mr. Speaker, I just wanted to say, I know that every night this week 
the Democrats are using our time during Special Orders to draw 
attention to the Patients' Bill of Rights and why we need to pass the 
real bill here in the House and also in the other body. Last night we 
had Members of the Texas delegation get up, and I thought that was very 
significant because, as you know, President Bush said during the course 
of the campaign that he would sign a bill that was like the Texas law. 
Frankly, the Dingell-Ganske bill, the McCain-Kennedy-Edwards bill, the 
real Patients' Bill of Rights, is exactly like the Texas law. Yet now 
President Bush says he will veto that bill and he does not find that 
bill acceptable and is asking for something else. I think that is not 
the commitment he made during the campaign. It was not the commitment 
he made when he was Governor. And it certainly is a commitment that he 
should keep and hopefully if we send him the real bill, he will sign it 
even though he is now threatening to veto it.
  The second thing I wanted to say is that tomorrow night, the 
Democrats

[[Page 11971]]

will have some of our Members who are health care professionals, who 
are nurses and who are other types of health care professionals, taking 
to the floor.
  The reason we are doing that is because I think that oftentimes it is 
the people that are in the health care profession, the doctors, the 
nurses, the technicians, these are the people that understand, I think, 
oftentimes even more than the patients, why it is important to have a 
real Patients' Bill of Rights, because they want to take care of their 
patients. They want to make sure they get the proper care and the care 
they deserve. They do not want monetary or other considerations, the 
bottom line, to dictate the quality of care for the average American. 
We will be here as Democrats every night this week and also when we 
return after the July 4th recess to bring up the point that the real 
Patients' Bill of Rights must pass. It is the highest priority of the 
Democrats in both Houses, and we are determined to see it through.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Kerns). The Chair would remind Members 
not to characterize Senators or Senate action.

                          ____________________



                  ADDRESSING THE NATION'S ENERGY NEEDS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2001, the gentleman from California (Mr. Radanovich) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. RADANOVICH. Mr. Speaker, I would like to take the time that I 
have that I have been most graciously given to begin to talk about our 
Nation's energy needs and the national energy policy that has been put 
forth by the new administration, by President Bush, and the information 
contained in the National Energy Policy Development Group's report on 
national energy policy.
  I want to commend the administration for taking the leadership on 
what is a real challenging issue, and that is, providing energy for 
America's needs. Being from California, they are urgent needs now and 
also for the energy needs in the Nation for the future. It is a 
daunting task and one that needs to make up for a lot of lost time 
because there has not been a lot of focus on our Nation's energy needs 
in the last 8 years. So although it may not be popular at times, I want 
to commend the President for the excellent job that he is doing by 
tackling such difficult issues.
  Why do we need an energy policy? If I may take just a few minutes to 
outline, it is because America faces its most serious energy shortage 
since the oil embargoes of the 1970s. Our fundamental imbalance of 
supply and demand has led to this crisis. Our future energy needs far 
outstrip present levels of production. Right now, United States energy 
needs are 56 percent dependent on other countries supplying that need. 
With that need growing at an ever-increasing rate, we become far more 
dependent on rogue nations that do not have the best interests of the 
United States at heart and in many, many ways leave ourselves very 
vulnerable. I think that it is high time that this policy has been 
sought after, and I applaud the President for taking steps in this 
direction.
  Last winter, heating bills for many families in the United States 
tripled. Average natural gas heating costs in the Midwest rose by 73 
percent last winter. New Englanders' heating bills jumped by about 27 
percent. Millions of Americans are dealing with rolling blackouts, 
including myself, and brownouts and grayouts and threatening their 
homes, businesses, families and their own personal safety. Low-income 
Americans and seniors have been the hardest hit. While energy costs 
typically represent only about 4 percent of a middle-class household 
budget, last winter costs for average low-income households were about 
14 percent of the household budget.
  Drivers across America are paying higher and higher gasoline prices. 
In 2000, fuel prices on average rose 30 to 40 cents per gallon from a 
year earlier. This summer in some parts of the Nation, gasoline prices 
may skyrocket to about $3 a gallon. High fuel costs also are destroying 
many, many jobs. For example, trucking company bankruptcies are at an 
all-time high. Farm production costs are spiking sharply because of 
higher energy prices while farm income remains low. Surging natural gas 
prices have increased the prices of fertilizer by 90 percent since 
1998.
  I can read a lot of the talking points on this about a national 
energy policy, but I think I can speak from the heart being from 
California and dealing with our energy crisis and the blackouts that we 
have. Many, many people say that California is an example of how not to 
deregulate and because of that they face rolling blackouts. Gratefully 
and thank God there was no direct loss of life attributed to the 
blackouts that we have had so far, but there is no guarantee that we 
will not face them in the future. In California's energy problems, it 
was as much mismanagement of the issue from the State level as it was 
an energy crisis that hit this year; but had there been good 
management, California would have hit sooner or later because of the 
dramatic increase in energy needs in California and the lack of 
California's ability to meet those needs through increased power 
generation.

                              {time}  2045

  There has not been a new generation plant in California in the last 
10 years.
  So many, many people buried their heads in the sand thinking that the 
increased population was not going to have an effect on the 
infrastructure of California, when indeed, of course, it did, and it 
caught up with us in the form of these blackouts.
  So I do commend the President for his desire to want to piece this 
thing together and diversify our energy base so that we are not so 
reliant on natural gas.
  I have with me today a dear friend. My mom was born in his district 
in Arizona. The gentleman from Arizona (Mr. Hayworth) is here also to 
speak on the President's national energy policy, and I would like to 
yield him some time.
  Mr. HAYWORTH. Mr. Speaker, I thank my colleague, the gentleman from 
California (Mr. Radanovich), for scheduling this hour to discuss the 
challenges at hand, and whether one resides in Mariposa County, 
California, or Maricopa County, Arizona, or Mecklenburg County, North 
Carolina, or Mecklenburg County, Virginia, for that matter, from coast 
to coast and beyond, in our 50 States we are confronting a serious 
challenge. We need a comprehensive policy, the type drafted by this 
administration, because we have reached a point where we must realize 
that this challenge is multifaceted.
  We cannot conserve our way out of it. We cannot drill our way out of 
it. Instead, we need a calm, confident reassessment of where we are 
headed.
  Mr. Speaker, as I stand here in the well of the United States House 
of Representatives and I look just behind me here to this podium, I am 
acutely aware that 40 years ago Jack Kennedy stood there and challenged 
this Congress and challenged this Nation to put a man on the moon and 
bring him safely back to Earth before the decade of the 1960s was 
completed. We were able to do that; a triumph of technology, yes, but a 
triumph of will and the human spirit. It will take that type of 
commitment. Just as we brought together the best minds and the most 
innovative companies to put a man on the moon, so, too, we need a 
national, organized effort, a strategic and financial partnership 
between business and government to solve the energy problems.
  Am I talking about a State plan, excessive regulation program? Of 
course not. We need to find a reasonable, rational way to put the best 
minds in this country to work on this program, to take what is valuable 
from business, to take the strategic planning that should be part and 
parcel of our constitutional Republic and form a good partnership to 
solve the energy challenges we face.

[[Page 11972]]

  Quite simply stated, we need less dependence on foreign oil and more 
attention to developing our own energy supply.
  My colleague, the gentleman from California (Mr. Radanovich), summed 
it up. It is worth noting and amplifying. Early in the 1990s, the oil 
and gas needed by the United States, the majority of that oil and gas 
was produced within the borders of the United States. Some 60 percent 
was produced here in this United States. Foreign suppliers accounted 
for a distinct minority, some 40 percent. Sadly now, at the dawn of a 
new century, with almost a decade devoid of any energy policy, with 
almost a decade of the sweet by and by and we will take our risks and 
we will not worry about this, the situation is completely reversed. We 
now depend on foreign sources for almost 60 percent of our oil and gas. 
Simply stated, a reasonable, rational environmentally sensitive policy 
of exploring for more American energy is something that forms the 
foundation of what we need to guarantee an uninterrupted supply of 
energy when we need it.
  It goes beyond that, as important as those products are, because when 
one thinks of the challenge of energy, when one thinks of what my 
colleague pointed out, we are talking ultimately not only about the 
process of exploring and ultimately consuming energy, but there is an 
impact to the pocketbook. The most immediate effect we think about and 
associate with across the country is the price at the pump.
  We need to have a situation where we are no longer dependent on the 
Organization of Petroleum Exporting Countries, otherwise known as OPEC.
  Here is one of the ironies at the outset of the 21st century: Saddam 
Hussein's Iraq, a nation which threatened the stability of its 
neighbors, attempted to invade and occupy another oil-producing state, 
Saddam Hussein's Iraq, a country in the early days of this 
administration where American war planes carried out a raid in part to 
try and disrupt the fiberoptic sophisticated air defense systems now 
being installed, here is the irony, Mr. Speaker, because of the lack of 
a cohesive, coherent energy policy, we now import more oil from Iraq 
than we did prior to the Persian Gulf War.
  Mr. RADANOVICH. Mr. Speaker, I want to take the example of the 
gentleman from Arizona (Mr. Hayworth) and put an environmental approach 
to it, because I am in the Congress continually amazed about the 
hypocrisy of the extreme environmentalist movement in this Nation. I 
really believe that the current style of environmentalism in the United 
States will end when one cannot get water out of a faucet or one cannot 
get light out of a light switch. People tend in the United States to be 
very environmental everywhere else but their own backyard, and when 
emergencies hit like this, there is a change in perception about what 
we ought to be doing. It is that not-in-my-backyard approach, I think, 
that has led to a lot of this Nation's energy crises. It has been at 
the local levels of government, all across the country, but it has also 
been fueled a lot by the extreme environmental movement that basically 
puts the environment over human life, and the priorities thereof.
  The reason why I wanted to bring that up, when the gentleman was 
mentioning this is, does the gentleman think that the environmental 
policies that regulate oil exploration in Iraq are much more stringent 
in the United States? I do not think so. Yet the United States uses 25 
percent of the world's energy and only has 2 percent of the resources, 
and I do not know what the number is of that 2 percent that is locked 
up, but I guarantee it is a very, very high percentage.
  We are such hypocrites in this country because we demand to use so 
much energy, and yet we refuse to use our own resources, where if we 
did that, energy demand would be much more environmentally responsible 
than in a Third World country.
  Mr. KINGSTON. Mr. Speaker, will the gentleman yield?
  Mr. RADANOVICH. I yield to the gentleman from Georgia.
  Mr. KINGSTON. Mr. Speaker, I wanted to add to that point that in 
Russia, and I was recently in Russia, their pipelines that transport 
the oil, they actually use it for oil transportation as much as trucks, 
but they spill the equivalent of an Exxon Valdez-type spill every week 
just in transporting their oil.
  Here we are, we could help them through aid programs trying to get 
these pipelines improved, which would help the environment but also our 
energy supply, and the gentleman said we have the best, the strictest 
environmental regulations in the country, and yet our environmental 
policies, our radical environmental policies, want to continuously pick 
on America.
  It is interesting that in 1976, in Louisiana, that is when the last 
oil refinery was built in the United States of America in 1976. I bet 
the gentleman was cranking up his eight-track player by the time they 
opened that one up. In fact, the gentleman's eight-track player was 
probably already getting dated. The gentleman's slide rule was gone, 
and he was not driving his Ford Maverick anymore. That is how long ago 
we are talking about.
  Now, unfortunately, radical environmental politics, now there are 
8,000 environmental groups in the country. They generate something like 
$3.5 billion a year in terms of checks and revenues to them. The Sierra 
Club out in the great State of California pays something like $57,000 a 
month just on rent in San Francisco. That is how big we are talking 
about. So we approach so many of these things emotionally to how can I 
best sell my membership rather than what are we going to do to have a 
good, balanced approach.
  Our great friend Kelly Ann Fitzpatrick talks about a poll that says 
if the people in America are polled, 87 percent say they want clean 
air. Her question is, who in the heck are the other 13 percent? What is 
going on here?
  We want a balance. We want clean air, clean water. We want energy-
efficient cars. That is a given. It is extremely important.
  At this point America is not ready to throw in the keys to their 
internal combustion engines and say, okay, we are all going to start 
riding bicycles. So as long as we have cars, let us keep the supply up 
for gasoline.
  Mr. HAYWORTH. Mr. Speaker, I cannot help but think of the distinction 
here. It seems that to the cynic so much of what transpires politically 
is theatrical. We heard in the preceding hour, and I was especially 
struck by our colleague, the gentleman from New Jersey (Mr. Pallone) on 
another matter, just dealing with disinformation and demonization 
rather than solutions. It seems to me especially on this topic, which 
touches every American, perhaps we should pledge ourselves not to an 
extremist environmentalism, but to an enlightened environmentalism; not 
to a radical environmentalism, but a rational environmentalism; not to 
the environmentalism of the elite, but to the environmentalism of the 
enlightened.
  Our President has made sense of this because he says, Mr. Speaker, 
that one has to cease looking at this as an either/or. It is not, well, 
we will have a clean environment, or we will burn fossil fuels. It is 
not, we will have clean air, or we will commit to motor vehicles. 
Indeed, there is an enlightened approach that uses the latest 
scientific data for clean-burning energy; for environmentally-sound 
exploration. Though it may not be commensurate with the theatrical 
politics of demonization and disinformation that drives some of the eco 
campaigns my colleague talks about, it is what we should do because it 
is the right thing to do, to provide for our economy, but at the same 
time protect our precious environment.
  Mr. RADANOVICH. Mr. Speaker, I would like to applaud the President 
for just the very reason that the gentleman just mentioned, because he 
is taking a leadership role on this issue. The polls came out the other 
day in the front page of the New York Times that he is slipping now 
down to 53 percent. Whether one agrees with that or not, I can see 
where a President like this has the leadership and the desire to want 
to improve America, to upset a few

[[Page 11973]]

people and ruffle a few feathers just to make things different for our 
country and better. I think that is what real leadership is, and that 
is why I want to applaud the President for doing that.
  The person who spoke recently was the gentleman from Georgia (Mr. 
Kingston), a wonderful representative of that State.
  We are joined now by the gentlewoman from New Mexico (Mrs. Wilson), 
and I would yield to her at this point.
  Mrs. WILSON. Mr. Speaker, I want to thank my colleague, the gentleman 
from California (Mr. Radanovich) for yielding me the time.
  Mr. Speaker, I had the privilege of having supper tonight with two 
friends from Roswell, New Mexico, who are in the oil and gas business. 
They are second- and third-generation members of their families who are 
in the oil and gas business. I represent the State of New Mexico, which 
is one of the country's providers of oil and gas and uranium and coal. 
We provide the fuel that lights the lights across this country.
  I think all of us understand that we have an energy problem in this 
country. It is toughest in the West, but it affects us all, whether it 
is the price of gasoline at the pumps or the rising price of the things 
that we buy in our stores that take energy to make.
  I think there is a growing consensus in this country that we need a 
plan. We have not had an energy policy in this country for almost 20 
years. We are more dependent on foreign oil today than we were at the 
height of the energy crisis. Fifty-five percent of the oil we consume 
in this country is imported from abroad, mostly from the Middle East, 
from OPEC. The sixth largest source of supply for oil in this country 
is now Saddam Hussein's Iraq. Most Americans do not know that, know how 
dependent we are for our energy security on countries abroad.
  California also got itself into a real tough spot over the last 
decade. Their growing, robust economy required about 10,000 more 
megawatts of power, but they only built 800 megawatts of supply.

                              {time}  2100

  Only my mother can have it both ways. You have to be able to have the 
supply of energy to use.
  Now, I do not think there are any quick fixes that are going to solve 
the energy problems in this country. I think we need a balanced, long-
term approach that conserves the energy we have, and also gives us more 
supply; that will give us the stability in prices we all want and the 
energy that we need.
  I think that this is much too important to do anything but the right 
thing. I am very pleased to join my colleagues here tonight to talk a 
little bit about it.
  I spent Sunday afternoon in the East Mountains that are right up 
against the city of Albuquerque. One of the reasons that my family and 
I love being New Mexicans is we love the great outdoors. We love taking 
our children there. We love the beauty of the land in New Mexico. I 
know my colleagues would disagree, but I happen to live in one of the 
richest energy States in the Nation, but I also live in the most 
beautiful State in the Nation.
  Mr. KINGSTON. If the gentlewoman would yield, you have gone too far 
now.
  Mrs. WILSON. My colleagues, I know my colleagues would disagree, but 
I think you understand my feeling for the place, and also my knowledge 
that this is not an either/or question; that if we are smart about it, 
we can provide the energy that we need to live life the way we want to 
live it, without damaging the country that we love. I think that is the 
kind of policy we want to promote, which means we start with 
conservation.
  One of the things I thought was real interesting about the 
President's energy plan was some of the data that was in it. In fact, 
we do not take credit for how far we have come in the last 20 years in 
energy efficiency.
  This top line in this chart shows energy use at constant energy per 
dollar of gross domestic product, for how much we are producing in this 
country. We have gotten so much more efficient since 1972, which is the 
baseline year. We are using less energy per dollar of GDP.
  Now, part of that is we have a more information-based economy and so 
forth, but we are much more energy efficient now. A refrigerator, we 
had to buy a new one recently, thank goodness my husband was at home to 
get one, and the refrigerator we bought uses one-third less energy than 
the one that we bought in 1972 that it replaced.
  Our cars are more efficient and hold the promise of being even more 
efficient with hybrid vehicles, which will not restrict our power and 
our range of those vehicles. So we do wonderful things. We have made 
tremendous progress with conservation.
  But we cannot conserve our way out of an energy problem, any more 
than I can feed my family just with the leftovers. You have to have the 
supply too. So we need to increase and diversify our supply of energy 
and give a balanced mix of energy.
  One of the things I am concerned about is the growing reliance on 
natural gas. I know that a lot of folks do not know that about half of 
our power plants in this country actually use coal, and we are making 
progress on clean coal technologies. But most of the power plants on 
the horizon are going to use natural gas; and within 20 years, we are 
going to be so reliant on natural gas that we are going to have to be 
importing natural gas as well. Yet we only have one port in this 
country that can take liquefied natural gas, which gets to the third 
problem we have.
  We have to work on conservation, we have to increase and diversify 
our supply, but we do not have the infrastructure in this country that 
is reliable and safe and gets things they need to have in order to have 
a strong energy policy. We do not have the transmission grids that we 
need. We do not have the pipelines that are safe enough and plentiful 
enough.
  We have not built a refinery in 20 years in America. Our refineries 
are working at 97 percent capacity, which means if you have a fire or 
safety shutdown at a gasoline refinery, you immediately create a 
shortage of supply. We only have one port that can accept liquefied 
natural gas.
  So we must address conservation; increasing supply, with responsible 
development of domestic supply; the infrastructure needs of this 
country; and, finally, we have to do some government reform. It should 
not be possible that the Department of Interior, the Department of 
Agriculture, the Department of State, can make unilateral decisions 
that affect our energy security without having to take our energy needs 
into account, and the way our government is set up today they can do 
that. That is not right, and we need to change it.
  I look forward to working with my colleagues this summer on a 
comprehensive energy bill that is long-term to address some of these 
problems.
  Mr. KINGSTON. If the gentlewoman would yield, I think that you have 
really hit a great point. I do not want to say anything bad about the 
great State of California, where my mother lived and my sister lived 
and lots of my friends do, but I have to take on a little bit your 
Governor on politics, because here is a State that has grown 
economically, done real well, demand for electricity has gone up, and 
he will not increase the supply; would not permit some of the things 
that Mrs. Wilson has talked about that increase supply, the 
infrastructure.
  If my hometown, Savannah, Georgia, grew, and it has been growing. As 
it grows we have added new schools, we have added new hospitals, we 
have built new roads, we have built new bridges. In fact, the State of 
Georgia has had about an 18 percent growth. California, I know, has had 
unprecedented growth. Yet as Governor Davis would do those things, he 
would not add on any power plants.
  Now, I have to ask, common sense would say if you are going to have 
growth in population, certainly you have to have growth in the supply 
of energy. For the Governor of California to come East looking for 
energy, when he needs to be sitting back in Sacramento signing bills 
and legislation

[[Page 11974]]

that streamlines and simplifies regulation, it is ridiculous. He is 
being negligent.
  The Governor, I understand, is going now on David Letterman. Okay, 
let us be real serious about our energy policy. Going on David 
Letterman. It is time to put the politics aside and get back to 
Sacramento and do your legislation.
  Mr. RADANOVICH. Being the gentleman from California, if I may, if the 
gentleman would yield, I think the gentleman is right on the mark. But 
there was a separate issue in California that brought, I think, the 
energy crisis in the United States to the fore.
  What the problem was in California was really a crisis in leadership 
in an improper reaction to a flawed deregulation bill that was passed 
in 1995. We began to see signs of that with this ``deregulation'' plan, 
that froze the rates at which utilities could charge consumers but put 
100 percent of the energy that they were able to purchase on the spot 
market, which fluctuated from day to day. That is half a deregulation 
bill, that is not a full one. If you do not go all the way with 
deregulation, you do not have deregulation. It caused problems 
beginning in May of last year.
  Mr. KINGSTON. If the gentleman would yield, does Governor Gray Davis 
of California think he is going to get new energy ideas from David 
Letterman, or is he just making a charade out of this?
  Mr. RADANOVICH. I will say again that the problem in California was a 
crisis of leadership, and I think blurred objectives; one being a 
blurred objective, one objective being staying in office and getting 
reelected, and the other being providing for the needs of California.
  Mr. KINGSTON. Has not Governor Davis received over $1 million from 
utility companies?
  Mr. RADANOVICH. The very ones he vilified, many times they have not 
been able to speak to him unless it was at his own fund raisers. This 
is the way the whole thing worked out.
  But the problem could have been solved a year ago, and I will make 
this point: if the Governor would have allowed for a modest retail rate 
increase by the utilities of, say, 25 percent, it would have driven 
down future prices; and he could have encouraged the utilities to get 
into long-term contracts where the wholesale price was below the retail 
price. We would never have been in this situation.
  It was his delay in imposing a modest increase of 25 percent that, by 
the time he had to impose it, grew to 48 percent, and on top of that, 
diverting his energies to State bio-energy, the transmission lines. I 
give him credit, he was working for ways to get the utilities 
creditworthy, but his decision was delayed and delayed for political 
expediency and the fear of doing something wrong that might hurt 
politically. That was the crisis in California.
  Mr. HAYWORTH. If my friend from California would yield, because this 
points up the real challenge afoot. If just one-tenth of the energy 
that is being utilized to engage in name-calling or to go on late night 
television, and I do not know, do stupid gubernatorial tricks or 
whatever is going to be required, if that were utilized to help solve 
the problem, that is the measure of a man or woman in public office. 
Not posturing and preening for the cameras and issuing attack memos and 
spin, but working to solve the problem.
  Mr. Speaker, I have to ask my colleague from California, I heard 
other reports where temporary energy stations could have been placed 
into commission on an emergency basis, where some regulations had been 
streamlined, but what I find amazing is that, apparently, Mr. Speaker, 
the Governor of California said if the folks employed there do not 
belong to a union, why, then it was not worth opening the power plant.
  Now, Mr. Speaker, whatever your feeling on the right to work or 
collective bargaining, it seems to me the collective need for energy 
outweighs the political chits called in by the union bosses.
  Let me address, Mr. Speaker, my colleague from California. Are those 
reports true? Did the Governor say he would not allow these temporary 
plants to come on line, these regulations to be streamlined, unless the 
folks were union employees at the controls?
  Mr. RADANOVICH. I have no doubt that that happened during the time 
from a year ago beginning last May to now. I think the real crime has 
been the hesitancy to provide leadership on the issue. Because of that, 
it led to a situation that could have cost the State maybe $2 billion 
to one that has cost the State of California $50 billion and has eaten 
up about a $12 billion surplus that we had last year. It really was a 
hesitancy to act, and an allegiance to labor and the environment.
  Mr. KINGSTON. Let me ask the gentleman, why is it that the Governor 
of California has enough time to come on major comedian shows like 
David Letterman and come out in Washington for Democratic fund raisers 
and come back East to raise cane about George Bush, but he does not 
have the time to stay at home and solve the problem? Is the problem not 
better solved in California, rather than blaming it on George Bush, who 
just unpacked his bags when the crisis began?
  Mr. RADANOVICH. The solution to California's problem was within the 
leadership of California, in the State legislature and the Governor's 
office. It was clear that that is where this problem was going to be 
called.
  After a series of mistakes, refusing to impose modest rate increases, 
gallivanting off, getting the State involved in energy purchasing, 
buying energy for seven times more than what the utilities were able to 
receive for that energy, led this thing into such a precarious position 
that the Governor could not afford then to solve the crisis, frankly, 
because, if he did, he then would be answering questions like what the 
heck did you do with our $12 billion surplus? So, unfortunately, the 
politics do not allow for the solution in California. Just know for a 
fact that there is no solution to this paying four to seven times more 
for the energy in California than what is being gathered up by the 
utilities.
  The reason that that is happening is because it is not politically 
expedient to solve the problem in California. There is too much need to 
vilify the President, there is too much need to vilify Members of 
Congress, those of us on the Committee on Commerce, because then the 
issue becomes why did you wait so long to solve this, when it could 
have cost far less in money and in damage to the State?
  Mrs. WILSON. If the gentleman would yield, I am a New Mexican. I have 
never met Gray Davis, I would not know him if he walked in the room, 
but I do know people want us to get down to solutions and stop the 
blame game and get some things done.
  I think that this House over the next 6 weeks has got a strategy for 
dealing with the energy problem that really stresses four things, and 
they are the four important things for a long-term balanced approach to 
America's energy needs. Those include things like conservation, 
increasing supply, fixing our infrastructure and government reform.
  When we talk about conservation, there are so many things that we can 
do. Sandia National Laboratory is in my district in New Mexico and has 
done some of the leading-edge research on energy conservation in areas 
that most folks do not think about.
  About 40 percent of the electricity used in America is used to put 
the lights on. Yet we have made so few innovations in lighting in 
America, to reduce the use of energy in lighting.

                              {time}  2115

  Super conductivity. That is kind of a long word, but what it really 
means is that when electricity goes down the wires, whether it is the 
transmission wires that take electricity from New Mexico to Southern 
California, or even just the wiring in this building that keeps the 
lights on, we lose electrons as it is getting to where you want it to 
do the job.
  In fact, one of the executives with a public service company in New 
Mexico told me that because California is so big and New Mexico is 
really kind of small in comparison as far as number

[[Page 11975]]

of people, we actually lose more electricity. Of the amount that we 
send to California, we could light up the entire State of New Mexico 
for a year, just because of the loss in transmission. Well, if we could 
save that energy through superconducting materials, in other words, 
materials that do not lose those electrons along the way that heat up 
the wires in our walls or along the transmission grid, we can use that 
energy to actually do work and not waste it.
  Mr. Speaker, we have wonderful plans for next-generation power plants 
that will conserve electricity and will make power plants much more 
efficient as they turn the raw materials, whether that is neutrons or 
nuclear materials or coal or natural gas, and turn that into 
electricity; and when we make those more efficient, we use less of that 
natural gas and less of that coal in order to make the electricity to 
light our homes. But we also have to increase supply.
  I want to say something here about nuclear energy. Nuclear energy is 
one of the safest forms of energy. It has some of the fewest emissions 
of any kind of energy that we have, and it is time to take nuclear 
energy out of the ``too-hard column'' where it has languished for 
almost 20 years. We are going to have a hydro-licensing bill, and it 
will come out of the Committee on Commerce, I hope within the next 
month.
  Hydropower is one of the cleanest powers we have, and yet there are 
dams in this country that have existed for 200 years and they are under 
State control. What most folks do not know is that as soon as you put a 
turbine on a dam, it comes under Federal regulators, not State law; and 
it is a nightmare because it takes almost 10 years to get that turbine 
licensed to provide power and, in the process, you can be ordered to 
breach your dam. So why would anyone in their right mind take the risk 
of putting a turbine on an existing dam that has been there for 
hundreds of years? And as a result, we have clean, safe energy that is 
going over spillways and dams in this country because we cannot get our 
licensing right for hydropower.
  There are wonderful things we can do with clean coal technology, with 
natural gas, where we have natural gas on nonpark public lands that we 
cannot get access to because the Bureau of Land Management is no longer 
focused on how we steward our resources, but how to keep people off the 
land that we enjoy in the West.
  So there are things that we will do in this House to lead the way, to 
stop the blame game, to give ourselves a long-term policy on energy, to 
conserve, to increase supply, to fix our infrastructure, and to reform 
our government. I am very glad that this House is focusing on those 
things and not on politics.
  Mr. RADANOVICH. Mr. Speaker, I would like to say, continuing to 
defend California, it was an issue of supply I think that is at the 
heart of California's energy problems; but the way out of the energy 
crisis in California now is to, number one, get the governor out of the 
energy purchasing business; and, number two, work over time to get 
those utilities creditworthy again so that they can begin to get back 
into the energy purchasing business, and then get them off the spot 
market as much as possible. Really, that is the way out of California's 
energy crisis, in addition to aggressively working on new power supply 
in the State.
  Mr. Speaker, I yield to the gentleman from Arizona (Mr. Hayworth).
  Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from California. 
Those of us who hail from the West and in the western power grid, 11 
States, including the gentlewoman from New Mexico and the great State 
of Arizona, along with our friends in California, understand that the 
implications of this are far, far-reaching, so there is more than a 
casual concern when it comes to flipping the light switch.



  But listening to my colleague from New Mexico, I think it is 
important to amplify what has transpired. When she talked about clean-
burning sources of energy, I could not help but think about the Palo 
Verde nuclear plant outside of Phoenix that has worked well and without 
incident for well on 2 decades, now serving and providing power for the 
Nation's sixth largest city. Even as we look across the ocean to 
Europe, while it is true that in Germany, there has been now a 
hostility, the hostility of the radical environmental movement to step 
away from nuclear power, we see that Germany's neighbor France has 
relied on nuclear power for the better part of 3 decades. If the French 
are able to do so, with safety measures intact, it would seem that 
American ingenuity, American technology and the ability to streamline 
regulation, to bring on line new technologies, should prevail.
  I listened to the gentlewoman from New Mexico talking about the role 
of the Committee on Commerce, not to become prideful of different 
committee jurisdictions, but as the first Arizonan to serve on the 
House Committee on Ways and Means, the committee charged with tax 
policy, I think I would be remiss if I did not mention the fact that as 
we take a look at conservation and the promotion of new technologies, 
there is a role to be played in tax policy.
  I have sponsored a bill that again champions residential use of solar 
power. The fact is, when that first came online, now almost 30 years 
ago, another broadcaster who had gone into public office, the late Jack 
Williams, Governor of Arizona, at that time there was this promise of 
nuclear energy, but the technology had not caught up with the vision. 
Now, we have made changes, to the point where residentially, for 
heating water, for cooling our homes, we have the opportunity to look 
to the sun, and solar power and solar energy on a residential basis. 
Just as so many Americans have their own garden in the backyard, we can 
look to a sound alternative form of energy with technological 
advancements and, in the long run, not only save on power bills, but 
save on taxation too.
  Mr. Speaker, we should look to those types of commonsense policies. 
We should never forget that the term ``conservative'' and 
``conservation'' share the same root, the same notion, that we preserve 
in a commonsense fashion and, in so doing, free up other sources for 
those who need them. That is something we need to remember. 
Conservation plays a key role; not the only role, but an important part 
to play, just as we look at tax policy and new exploration and 
streamlining regulation.
  Mr. KINGSTON. Mr. Chairman, if the gentleman will yield, I wanted to 
touch base with what he is saying in terms of nuclear energy and what 
the gentlewoman from New Mexico was saying. In France, 76 percent of 
the homes and buildings are powered by nuclear energy; in Belgium, 56 
percent; in America, most people do not know this, it is 20 to 25 
percent already, and it is safe.
  I represent Kings Bay Naval Base and all the subs down there are 
nuclear submarines; yet ironically, people in that county will say, 
well, I am against nuclear energy; it might be dangerous. So you have 
more nuclear power plants in your county than most of the States in the 
entire country.
  But nuclear energy is safe. It is low cost, it has fewer disruptions 
of power. One out of every five homes in America are powered by a 
nuclear plant. It is the second single-largest source of energy 
already, and it provides almost 70 percent of all emission-free energy. 
This is something that we cannot ignore. There are 103 operational 
nuclear power plants in America today, and over 3,000 shipments of 
nuclear fuel that were spent were moved safely in the last 40 years.
  So when we talk about nuclear energy, people need to understand that 
this is not some bold new frontier that we are talking about. I always 
hear people say, well, what about Three Mile Island? Mr. Speaker, there 
were no people killed at Three Mile Island. That does happen with other 
sources of energy; but the thing is, that was over 2 decades ago.
  Again, going back to the days of the 8-track tape player, technology 
has moved. I think in terms of just the cellular telephones, my first 
cellular telephone was the size of a brick, it weighed about the same 
amount and

[[Page 11976]]

could hardly transmit a message past a couple of oak trees. Technology 
has moved on. Technology has moved on in nuclear power. I think that we 
are just fooling ourselves by not being a little more bold and 
aggressive about it. Again, 76 percent of the houses and buildings in 
France are nuclear powered.
  Mrs. WILSON. Mr. Speaker, if the gentleman will yield, it is 
interesting, on this issue of conservation, on Saturday afternoon I was 
on the west side of Albuquerque visiting a housing development that is 
full of first-time homes and the builder, Jerry Wade of Artistic Homes, 
specializes in energy-efficient houses and they build it into the 
house. I met a family there who were buying their first home. They were 
moving from a rental house, and one of the reasons they were moving is 
because their electricity bill had gotten so high. They were paying 
$160 a month for their electric bill. In the new home, which was 
larger, but the payment they were going to make, in a home that cost 
$110,000, and it was a really nice home, but Jerry Wade guarantees 
their electric bill will be no more than $20 a month, because they 
build the energy efficiency in.
  One of the things that I hope to do in our conservation bill that we 
are going to be working on here is to make it possible for those 
savings to be taken into account when people apply for their mortgages, 
for their federally supported home mortgage loans, so that we can take 
into account that the electricity bill is going to be lower. The neat 
thing about what I saw on Saturday was, we are not talking here about 
something that costs more, we are talking about something that costs 
less, and that can be done in homes for first-time buyers, not just 
people who can put on solar panels on their homes.
  Talking about where we are going with solar, it used to be that we 
thought about solar and, gosh, it takes 10 or 15 years to get back the 
cost of the solar panels. We are on the verge of innovations and 
technology that will be just as cheap to put on solar shingles on our 
houses as it is to put on tar paper shingles on our houses. The 
difference is we hook it up to the meter, and we can actually sell 
power back to the power company, if we live in a sunny place like my 
colleague from Arizona and I are privileged to do. We have solar-
powered homes, and it does not power the electricity, but it helps 
preheat the water, it helps keep our electricity bills lower, it helps 
keep the gas bill lower by preheating the house and heating a bed of 
rocks under the House. We can do those kinds of things, and it is going 
to be in the very near future just as inexpensive to do that as it is 
to build a home the conventional way, and we should build those 
incentives in to the conservation bill we hope to pass here in the 
House.
  Mr. HAYWORTH. Mr. Speaker and my colleagues, it has been very 
interesting to spend this hour, not engaged in disinformation or 
demonization, but looking for reasonable, rational solutions at the 
outset.
  When the gentleman from California claimed this hour of time, I 
reminisced about the fact that 4 decades ago, President John F. Kennedy 
stood at the podium behind us and challenged us to go to the Moon. We 
harnessed not only a triumph of will and exploration, but a triumph of 
applying science to a national vision to deal with that challenge. 
Certainly this challenge cannot be as formidable. Certainly this 
Nation, with the best minds at the fore, working together with sound 
policies that streamline regulation, to make it reasonable that look 
for environmentally sensitive ways to explore for new energy options, 
that do the research to bring online the innovative new sources of 
energy and that realize that our destiny is within our grasp in terms 
of energy self-sufficiency. Certainly that can be the watchword, the 
vision for us. Certainly that is what the administration offers in its 
energy plan.
  The challenge for us, Mr. Speaker, is to abandon the theater of 
politics where some have been so tempted to engage in name-calling and 
political posturing, to truly represent the American people to find 
sound solutions, to reject the environmentalism of the extremists and 
embrace the conservation and environmentalism of the enlightened. That 
is our challenge. I believe we are poised to meet that challenge, just 
as we put a man on the Moon in the 1960s.
  Mr. RADANOVICH. Mr. Speaker, I agree with my friend from Arizona. I 
want also to state my admiration for this President for taking on this 
job. I do not envy him. I mean, I was born and raised right next to 
Yosemite National Park.

                              {time}  2130

  Mr. Speaker, I go up and I feel in many ways closer to God in the 
high country at 9,000 feet. I go to Yosemite, and I hug boulders, and I 
love them, and I love the environment.
  This country has the reputation of holding the environment so sacred. 
It is wonderful, especially the States we represent and the beauty that 
comes from those States, those are treasures that we always want to 
cherish. But we also have people who have needs, who need water, who 
need electricity.
  I am not willing to say that myself or my wife or my child have more 
of a right towards those needs than anybody else does. Everybody has a 
right to equal access to this infrastructure in this country, and so we 
have these resources, the desire to want to be environmentally 
responsible and, yet, the need to use energy and water and 
infrastructures.
  So it is not an easy job, I think, but I want to applaud the 
President for taking this on, because it is not a real popular thing. 
It not something that will shoot him up in the polls for a while, but 
it will be something that he is providing leadership for in this 
country and that we so desperately need.
  Mr. Speaker, before I wrap up this hour, I will yield to the 
gentlewoman from New Mexico (Mrs. Wilson).
  Mrs. WILSON. Mr. Speaker, I want to thank the gentleman from 
California (Mr. Radanovich) for inviting me down to join him here this 
evening. I think if there is one thing that I will take away from this 
is that it is time to end the blame game, and to pull together and to 
lead as a Nation and to give this country real answers to the energy 
problems that we face.
  Mr. Speaker, I look forward to working with my colleagues to that 
end, and I thank the gentleman from California for yielding to me.
  Mr. RADANOVICH. Mr. Speaker, I thank the gentlewoman from New Mexico 
for her comments.
  Mr. KINGSTON. Mr. Speaker, I thank the gentleman from California, and 
I just want to say that I do believe we can work together for good, 
sound science of modern technology, of solutions, and we can get there.
  We can improve our infrastructure for energy to get the power to the 
places that it is needed. We can promote conservation, a balanced 
environment. We can simplify government regulations so that we can make 
some progress.
  I am a member of the Committee on Appropriations, and we will 
continue in this Congress and continue to fund research and development 
on alternative and renewable energy sources.
  Mr. Speaker, I am very excited that Honda has on the drawing board 
right now a hybrid car that will get 75 miles a gallon. I am excited 
about these fuel cell cars that are out there that have these perpetual 
batteries. I believe that our government has a role in funding such 
research, such general research, and we are going to continue to do 
that.
  Mr. Speaker, I also applaud the gentleman from Arizona (Mr. Hayworth) 
and the gentlewoman from New Mexico (Mrs. Wilson) for your boldness in 
speaking out on nuclear energy, because I think it is something that 
Americans need to be comfortable with the dialogue.
  Finally, I want to say that I think that we should continue to 
explore alternative uses and evaluate our own domestic resources to see 
what we can do to become more energy-independent and not risk our 
national security on the whims of Middle East dictators and kings and 
despots.
  I thank the gentleman from California (Mr. Radanovich) for inviting 
me to be here tonight and look forward

[[Page 11977]]

to working with the gentleman and the rest of the Congress on some very 
positive solutions.
  Mr. HAYWORTH. Just one note in closing, Mr. Speaker. Very soon we 
will move past the rhetoric, and we will have to roll up our sleeves 
and make it happen. The administration has put out a plan.
  I cannot help but think about the holiday we are about to celebrate 
and observe, the independence of this country. A new biography of our 
second President John Adams has been written. In the final year of his 
life and the final days, a committee of men from his home State of 
Massachusetts went to visit the second President, at that time his son 
was President of the United States, and they asked John Adams, Mr. 
President, would you like to propose a toast to the country you helped 
to found? And he stood up there, stiff-legged, still the strong voice, 
and he offered two words: ``Independence forever.'' They said, Mr. 
President, do you want to add anything else to that? And he said, no, 
not a word, that suffices.
  Indeed, not only in the tradition of this constitutional Republic, 
but for the future of a sound energy policy with an enlightened 
environmentalism, let that again be our cry: Independence forever.
  Mr. RADANOVICH. Mr. Speaker, I want to thank the gentlewoman from New 
Mexico and gentleman from Arizona and the gentleman from Georgia for 
participating in this special order.

                          ____________________



                              OPEC OF MILK

  The SPEAKER pro tempore (Mr. Shuster). Under the Speaker's announced 
policy of January 3, 2001, the gentleman from Wisconsin (Mr. Green) is 
recognized for 60 minutes.
  Mr. GREEN of Wisconsin. Mr. Speaker, we will not take all that time 
this evening, but I wanted to talk about a subject that probably many 
people out there tonight have never heard of yet and, I would suggest, 
adversely affects millions of people.
  It is something that was recently described by the Wall Street as the 
OPEC of Milk. It is a price-fixing cartel for milk that hurts families 
all over the country, especially those who are least able to pay for 
it.
  The history of the OPEC of Milk, the Northeast Dairy Compact, is 
somewhat interesting. Back in 1996, a small group of New England 
Members of Congress formed something called the Northeast Dairy 
Compact. The way it was authorized was not to bring it to the floor of 
the House or to the floor of the Senate for a vote, but, instead, they 
were able to sneak it into a conference committee report under an 
appropriations bill.
  Now, their intentions were sound. They believed back in 1996 that 
this cartel that they created, the Northeast Dairy Compact, would, in 
their words, help stop the loss of family farms in six New England 
States by guaranteeing a minimum price for milk. That sounds harmless 
enough. I was not here at the time, but had I been, those sentiments 
are certainly ones that we all could have supported.
  I would suggest to you, Mr. Speaker, and to those who are listening 
tonight, that those good intentions went awry a long time ago, and that 
the OPEC of Milk has done tremendous damage not only to our dairy 
system and to dairy farmers in New England and all over the country, 
but also to so many families who are trying to afford the great 
nutrition that we have in our dairy products.
  The reason that this is so timely is that the Northeast Dairy Compact 
is due to expire in September of this year. This compact clearly could 
not stand on its own merits, and so we have had some of its strongest 
supporters, particularly Senator Jeffords over in the Senate, saying 
that he understands how unpopular it is. He implicitly understands how 
bad it is, but he has said that he is bound and determined to get this 
reauthorized, passed in September no matter what it takes.
  In fact, he told the Associated Press not 3 months ago that his goal 
would be to ``sneak it in through the stealth of the night. And to get 
it through when people are not looking.''
  Mr. Speaker, the Northeast Dairy Compact should die a peaceful death 
in September. First, it has not met its goal. It has not stopped the 
loss of family farms, not even in the New England States that are part 
of this compact.
  Second, as we will talk about tonight, the Northeast Dairy Compact 
has raised the price of milk to consumers. It is what so many people 
have called a milk tax.
  Third, the Northeast Dairy Compact has accelerated the loss of dairy 
farms in other States, States like mine, Wisconsin, States like 
Minnesota, those whose States together have the largest number of dairy 
farms in the Nation.
  Finally, and perhaps, in my view, most damaging, the Northeast Dairy 
Compact has prevented us from dealing with our dairy problems on a 
national basis, and we do have tremendous problems in the dairy sector. 
We are losing dairy farms each and every day, and we must do something, 
but as long as we have a policy like the Northeast Dairy Compact, which 
pits State against State, region against region, farmer against farmer, 
we will not get that national policy.
  Mr. Speaker, I think it is important to understand clearly I have an 
interest in this. I come from America's Dairyland of Wisconsin, but it 
is not just me, not just those in Minnesota and Wisconsin who believe 
that the Northeast Dairy Compact is an abomination. It is others, 
analysts, journalists.
  Mr. Speaker, I will read from a few, the Wall Street Journal recently 
said not 2 weeks ago that compacts are ``basically a highly regressive 
tax on milk drinkers, starting with school-aged children, creating them 
is a tacit endorsement of the OPEC cartel.''
  There is the Consumer Federation of America, hardly a biased group, 
hardly a Republican group or hardly a Midwestern group, the Consumer 
Federation of America, which represents over 50 million consumers 
nationwide said not a month ago that regional dairy compacts give too 
much money to farmers who do not need the help, too little money to 
farmers who do need the help, and they asked consumers, especially the 
low-income consumers, struggling to feed their families and pay the 
rent to pick up the tab.
  There is Americans for Tax Reform, which refers to compacts as dairy 
cartels.
  There is the New Republic Magazine, which said that the Northeast 
Dairy Compact was ``a system that can best be described as socialism.''
  There are groups like the Council for Citizens Against Government's 
Waste, which says that this is a regressive milk tax on Americans; or 
the National Taxpayer Union, which said that the Northeast Dairy 
Compact is ``a cartel that only a robber baron could admire.''
  So it is not just folks from States like mine, Wisconsin. It is 
consumer groups, journalists, people really across the country, across 
the spectrum, who realize that the Northeast Dairy Compact was a bad 
idea. It has not gotten any better, and it should die a peaceful death.
  Mr. Speaker, the gentleman from Minnesota (Mr. Kennedy) is my good 
friend, and in his brief time here in the House has become a wonderful 
voice for dairy farmers in Minnesota. He is a true leader who I think 
is going to be a tremendous asset to all of us as we try to reform this 
outdated dairy system.
  Mr. Speaker, I yield to the gentleman from Minnesota (Mr. Kennedy).
  Mr. KENNEDY of Minnesota. Mr. Speaker, I thank the gentleman from 
Wisconsin (Mr. Green) for yielding to me and thank the gentleman for 
his leadership on this very important issue.
  People may ask, how did this ever come about? How did we get this 
dairy compact? The gentleman gave a little bit of the history, but the 
U.S. Constitution does allow States to enter into compacts upon passage 
of State laws and the consent of Congress. These consents have been 
granted in some cases to allow States to work together on parklands or 
transportation systems or waterways; however, there is no precedent for 
price-fixing compacts evidenced in this situation.

[[Page 11978]]

  This is the only case where we have allowed a region of the country 
to set a price-fixing compact against other regions of the country, and 
how this affects us is if you have excess production of milk that you 
do not drink with cereal or otherwise, you generally turn that into 
cheese. So if there is excess production in the Northeast, they convert 
that into cheese.
  For those major milk-producing States that include Minnesota and 
Wisconsin, but California, Idaho, Arizona, several others, that takes 
away from our cheese market. In fact, the Northeast Dairy Compact was 
fined $1.76 million in 1998 for the extra amount of money that the USDA 
had to consume in buying extra production coming out of the Northeast.
  They have since instituted just recently some type of supply 
management in the Northeast, but if you think of how un-American this 
is, let us just say we decided that we do not think that Michigan 
should be disproportionately producing so many cars, so we are going to 
have, the rest of the country, a non-Michigan auto compact where we are 
going to produce the autos we need outside of Michigan and let Michigan 
only produce the cars that they can use in Michigan.

                              {time}  2145

  Orange juice. What if we decided that we are going to have an other 
than Florida oranges compact where we are going to produce our own 
orange juice and let Florida just produce the amount of orange juice 
that they can consume in Florida. Or movies in California. Or you can 
go on and on and on.
  I mean, this is ridiculous. It is un-American. It undermines where we 
have been strong in the past and what has made America strong in the 
past; that we are one country, that we do not have divisions among 
States. Our Founding Fathers were very nervous about that happening.
  Why we would let this happen and undermine our strong dairy industry 
in Minnesota, Wisconsin, the upper Midwest and other States around the 
country is something that is beyond me.
  It is something that, if American people understood this issue, they 
would be against it. If they understood, not just that they were being 
taken advantage of as consumers, but that one area of the country is 
going and pitting against another area of the country's strength, they 
would be uprising and saying we want to end this. Certainly we do want 
to end this.
  I appreciate the gentleman from Wisconsin (Mr. Green) reserving this 
hour to make sure that we can help educate the American people on this 
subject.
  Mr. GREEN of Wisconsin. Mr. Speaker, I thank the gentleman for his 
comments. I think that the gentleman has pointed out what may be really 
the greatest tragedy from the Northeast Dairy Compact. Nobody wants to 
help dairy farmers more than I or the gentleman from Minnesota (Mr. 
Kennedy). I mean, we come from dairy States which had the largest 
number of dairy farmers.
  It is interesting, when we were debating dairy policy last year in 
this House, some of my colleagues from the northeast States got up and 
talked about how many dairy farms that their home States, their home 
districts have lost. I remember a good friend of mine from the 
northeast exclaim that his State had lost some 200 dairy farms last 
year.
  I would like to put things into context for a moment. In my home 
State of Wisconsin, by this time tomorrow, by a quarter to 10:00 
tomorrow night, Wisconsin will have lost four more dairy farms. We are 
losing four dairy farms each and every day. Over the last 10 years, we 
have lost 13,000 dairy farms. In fact, we as a State have lost more 
dairy farms than any other State ever had save the State of the 
gentleman from Minnesota (Mr. Kennedy).
  So no one, no one wants to do more for dairy than those of us who 
represent States like Minnesota and Wisconsin. But we understand that 
to fix dairy problems, to meet the challenges, to be successful, to be 
compassionate, we have to have a national dairy policy, one that works 
all across America.
  The Northeast Dairy Compact rewards some dairy farmers. In fact, it 
encourages them to overproduce and harms others. It pits farmer against 
farmer, State against State, region and region. That cannot be good.
  As I talked to farmers in my home State and dairy farmers from all 
across America, they understand that one cannot have a policy that pits 
farmer against farmer. We cannot meet our challenges if we are divided 
and fighting amongst ourselves.
  The system that the gentleman from Minnesota (Mr. Kennedy) described 
is Stalinesque. I mean, I think the problem that we have had, so many 
of us who are so opposed to the Northeast Dairy Compact, is that, when 
we tell people how bad it is and we describe how it is set up, they do 
not believe us. They do not believe that, in America today, you could 
have such an absurd, illogical, irrational system. I am afraid, Mr. 
Speaker, it is true. Believe it or not, we do have such a system. It 
makes no sense. It does not work. It is, to put it kindly, a great 
distraction as we should be taking on so very many important issues.
  Mr. Speaker, I yield to the gentleman from Minnesota (Mr. Kennedy).
  Mr. KENNEDY of Minnesota. Mr. Speaker, I would like to say that this 
dairy compact is kind of like salt in the wounds that are already being 
put in place by an underlying milk marketing system that, again, hurts 
the natural dairy producing States of this country.
  When in the 1930s we implemented milk marketing orders, that was 
designed to make sure that fresh milk was available all over the 
country. It may have made sense back then; but right now, it divides 
milk into four classes, all of which receive a different price.
  The class 1 milk which we drink out of our glass gets 33 percent or 
more higher price than what we make in the cheese. Since we are 
primarily exporters of dairy, we convert about two-thirds of our 
production in our region into cheese; and, therefore, our farmers 
receive more than a third less already, just setting the dairy compact 
aside, for our milk production than those like the northeast that are 
producing primarily for fluid, milk.
  So we are already being penalized by an archaic system that we have 
not been able to overcome because of the resistance of people in the 
northeast. We are already being penalized.
  Then when they have one down, the dairy compact is really piling on. 
It is piling on and saying, okay, you know, you are already only 
getting 60 percent of what we get, but that is not enough for us. We 
want more. We want to take more out of your income. We want to take 
more of your dairy farmers and put them out of business. We want to try 
to prop up what we have.
  It really has not had that beneficial impact. They are still losing 
family farms in the northeast area. They are still not really having 
the benefits that they speak of at the same time that they are clearly 
penalizing us.
  As the gentleman mentioned, Minnesota and Wisconsin. Many of the 
people I know, I live in a rural area of Minnesota called Watertown 
where there are many dairy farmers that go to our church. I could name 
off names of dairy farmers in the last year that I know that have gone 
out of business. The milk marketing orders and the Northeast Dairy 
Compact are to blame for that.
  The gentleman's father, I know, is in the medical profession; and the 
first rule they learn is to do no harm. It would be good for us as 
legislators to know, to do no harm.
  Well, this is clearly something that harms Americans, harms millions 
of Americans, favors a very small few, and it is something that we 
should stand up against. It is something that Americans should stand up 
against.
  Write your Congressman wherever they may be and say this is something 
I do not believe in. This is something that undermines everything that 
I believe about America.
  I ask my colleagues to oppose the dairy compact because this is just 
the northeast now, but I have a map here of those areas that want to go 
into dairy compacts. It includes just about every State in the country 
that is not a producer of dairy over and above

[[Page 11979]]

their own needs. It includes everything other than just about 
Minnesota, Wisconsin, Idaho, California, other large dairy producing 
States.
  Again, I go back to my examples of cars outside of Michigan, citrus 
outside of Florida, movies outside of California.
  What if one decided that one cannot do financing, we put a wall 
around New York and say all of the financing outside of New York has to 
be self-sufficient, and, therefore, New York can only finance New York. 
Do my colleagues know what would happen to Manhattan Island that could 
only finance loans that were being used on Manhattan Island? That is 
what kind of an effect this is having on Minnesota and Wisconsin and 
our other natural dairy States.
  As the new republic says, this is a situation where we are penalizing 
those areas that are most suited to dairy farming. They received the 
lowest payments for their milk; and those from the least efficient 
regions received the highest. The system, by design, punishes the 
efficient farmers and rewards inefficient ones. This is not the way 
that America becomes strong and stays strong.
  I urge our Members to vote against the dairy compact. I urge voters 
to contact their legislators and express their views on this very 
important subject.
  Mr. GREEN of Wisconsin. Mr. Speaker, I thank the gentleman; and he 
has made some great points. In our States of Minnesota and Wisconsin, 
we have a lot of dairy farmers though the numbers are obviously 
dwindling. But our dairy farmers, they know they are in a tough 
profession. They are in a tough way of life. The hours are long. They 
do not have vacations. One has got to milk every day.
  All they are asking for is a chance to compete. The dairy farmers I 
talk to say, look, you know, we understand this is a tough business. 
Give us a level playing field. We will compete with any dairy farmers 
in the world.
  The problem is that, with the Northeast Dairy Compact, we do not give 
them that fair chance to compete. We set them up to fail right off the 
bat; and that is wrong.
  Can my colleagues think of any other commodity that we treat like 
that? The gentleman from Minnesota (Mr. Kennedy) has just run through 
some of the examples of how crazy it would be. But not just the compact 
and the milk marketing orders. Think about our pricing system that we 
take milk, and we offer a different price to farmers based upon the use 
down the line of that product. That does not make any sense. I mean, it 
is the same cows. It is the same fluid. Yet, we treat it differently. 
In States like Minnesota and Wisconsin, because so much of our milk 
goes into manufactured dairy products, again, our farmers are losing.
  As I began this evening, I said that, when this system was created, 
and it was, again, sort of slipped in in the dark of night in a 
conference committee report, it was done by some Members who really had 
the best of intentions. They wanted to reverse the decline of dairy 
farming in New England. But the sad news is it has not worked.
  So I would appeal to my friends from the northeast to reexamine their 
support for the Northeast Dairy Compact, because if they believe that 
we need to take action to help dairy farmers, this is not it.
  The Boston Globe last year did a really interesting study. They 
studied the States of Massachusetts and Vermont, and they looked at the 
effect of the Northeast Dairy Compact. Their study showed that, in the 
2 years before the Northeast Dairy Compact was concluded, the State of 
Massachusetts lost 34 dairy farms and the State of Vermont lost 117.
  Interestingly, though, in the 2 years after the compact went into 
effect, the State of Massachusetts lost 44 dairy farms, 10 more, and 
the State of Vermont lost 153. The compact is not working. In fact, the 
loss of dairy farms is accelerating.
  It is interesting. If one goes beyond those two States to the entire 
New England region, one will see that 25 more dairy farms went out of 
business after the compact than in a comparable period before the 
compact.
  What may be most painful of all and really distressing, since the 
most vulnerable dairy farms in America today are the smaller ones, 50 
cows or less, the compact has actually accelerated decline in those 
farms, the small farms, those that are most vulnerable.
  The Consumer Federation of America said recently that, because 
compacts pay farmers on a per-gallon basis, most of the benefits of 
this fixed price that they have go to the larger farmers who do not 
really need it.
  I heard earlier this evening the gentleman from Vermont (Mr. 
Sanders), who loves to talk about how we should be on the side of the 
little guy, he talks about how corporate interest dominate this 
Congress. Well, the gentleman from Vermont (Mr. Sanders), my good 
friend, if he wants to help the little guy in dairy farming, abolish 
the Northeast Dairy Compact. It punishes the family farm. It makes it 
worse. It makes it harder for them to get by, and it rewards the 
largest farmers.
  So even if this started with noble intentions, the reality, the stark 
reality is it has not worked. It is time to end it. It is time to go to 
a nationwide policy that does not pit farmer against farmer. It is time 
for a national policy that works.
  Mr. Speaker, I yield to the gentleman from Minnesota (Mr. Kennedy).
  Mr. KENNEDY of Minnesota. Mr. Speaker, I would just say that we are 
going to be debating foreign trade and giving our President trade 
promotion authority coming up here very soon. We know, many of us know 
the benefits that we receive from trade.
  Classic economics would teach us that, if we can do something better 
than someone else, and we each do what we do best, we all benefit. We 
all benefit from having lower cost of goods. We all benefit from higher 
employment, higher income levels. The increased prosperity around the 
world has really sprung from countries opening up their markets and 
each focusing on what they do best.

                              {time}  2200

  If foreign trade is so beneficial to the world, if opening up markets 
with other countries is so beneficial to us, why should we have open 
markets with Europe, with Asia, if we cannot even have open markets 
with Vermont? Again, I have to go back to what you have said. When you 
tell people about this, they cannot believe it. We are used to being 
pitted against each other when the Packers play the Vikings, and we are 
used to having our rivalries; but we all come together when it comes to 
singing that national anthem at the beginning of our games. This does 
in a nonsportsman-like fashion pit one region of the country against 
the other in a very unfair way that undermines one region's strength 
and subsidizes another region that does not have those natural 
strengths when in fact they have natural strengths that are still 
benefiting them, but they are not letting us benefit from our natural 
strengths.
  Again, this is something that I implore our colleagues to do 
everything they can to oppose and certainly we will continue to try to 
spread the message across the land, that this is something that is un-
American and should not be supported.
  Mr. GREEN of Wisconsin. The gentleman from Minnesota is right that 
our two States have football teams that are great rivals. I guess the 
Northeast Dairy Compact would be like giving the Packers an extra 
player. Maybe we deserve it, but that is another debate. I think, 
though, that my good friend and colleague brought up a very important 
point when he talks about free and fair trade and the great emphasis 
that we are placing as a Nation and a people on opening up markets and 
on trying to promote free and fair trade. I think we understand the 
importance of commerce and growing this economy. But does it not seem 
just a tad hypocritical as we send our trade representative, even our 
President, all around the world and we ask, we demand, that he works to 
lower trade barriers, at the very time when we are trying to demand 
that these countries drop their trade barriers, have no tariffs, allow 
for the free flow of our

[[Page 11980]]

goods, we have barriers between our own States? We have tariffs between 
our States. How can we in all seriousness look our trading partners in 
the eye and tell them that they have to do more to open up their 
markets to our goods when it would be so easy for them to say, Mr. 
President, why is it that in dairy, you have barriers between your own 
States? It makes no sense. And at a time when we are trying to open up 
markets, how can we be restricting markets in our own country?
  One other area I would like to touch upon briefly tonight, and I 
appreciate the indulgence of the listeners tonight, I come from a dairy 
State, the gentleman from Minnesota comes from a dairy State, this is a 
matter of great interest to him, of great interest to so many families 
who live and work in the dairy sector; but even if you are not part of 
the dairy sector, even if you are not from a dairy State or even an 
agricultural State, this will affect you.
  A recent study suggested that consumers in the Northeast Dairy 
Compact States are overcharged for the price of milk by about $100 
million each and every year. The price of milk is artificially high as 
a result. It is interesting. Many of our colleagues want to expand the 
New England compact, they want to expand it and create a southern 
compact. One study suggests that if a southern compact is created, it 
would raise the price of milk by at least 15 cents a gallon. It would 
cost consumers $500 million a year at the very least. That is a 
conservative, modest estimate.
  The Northeast Dairy Compact is a tax on milk. It raises the price of 
milk. It takes one of our most nutritious products, one of the best 
things that you can possibly give to children to ensure that they have 
the nutrition to grow strong and fast, and it raises the price. It not 
only raises the price of milk, but it damages the very nutrition 
programs that we are struggling so hard to find money for. Families 
with low incomes who utilize food stamps, Meals on Wheels, the dollars 
that we spend for those terribly valuable programs do not go as far 
because of what we have done to the price of milk. We are discouraging 
people from consuming milk, and we are making milk more expensive for 
those low-income families. That is outrageous. Even if you are not from 
a dairy State, even if you are not from an ag State, you cannot support 
a tax on milk. You cannot support taking one of our most nutritious 
products and making it less affordable. It is just wrong. We cannot do 
it. We must not do it. It is the wrong thing to do, and it is something 
that must end.
  I implore our colleagues from all around the country, we represent 
diverse districts, but whether you come from an ag district or not, end 
this outdated, foolish experiment. It has not worked. It has done so 
much damage. It has cost so many farmers their livelihoods. It has made 
milk so much more expensive. It is time to end it. It is time for it to 
expire. It is time for us to develop a national dairy policy. We can 
develop a policy that rewards farmers for what they produce, that 
creates competition, that raises the amount that they receive but keeps 
the price to consumers low and affordable. We can do it if we come 
together.
  I appreciate the gentleman from Minnesota so much for joining me this 
evening. I offer him the opportunity if he has any final thoughts that 
he would like to share.
  Mr. KENNEDY of Minnesota. I will just close by saying the gentleman 
has talked about the broader sense of consumers, how this is hurting 
consumers. But this is an example, an unprecedented example of the 
tyranny of a minority by the majority. Those who believe in our 
government, those who believe in civil liberties should not idly look 
aside and watch where one region of the country, just because we have 
fewer congressional votes here in the upper Midwest, can be penalized 
by another area of the country without really repute. Again I must 
emphasize as I began and leave as I began, when I talked about no other 
case is there where a State compact has been a allowed to create the 
cartel, the OPEC that you opened with and have price-fixing and get 
away with it. This sets a very bad precedent for any number of other 
things that can come to a State near you and hurt your local economy, 
hurt your consumers and undermine the very freedoms and civil liberties 
upon which this country was based and is based.
  Again, I thank my colleague from Wisconsin for the leadership that he 
has taken on this issue. I pledge to work with him and our other 
colleagues around the country that believe very strongly that this is 
wrong, that this ought to be opposed. We implore our listeners and our 
fellow colleagues to really dig in and understand this and really 
understand how this is undermining America.
  Mr. GREEN of Wisconsin. I appreciate the great work of the gentleman 
from Minnesota in this area. Again, he may be a new Member; but he is 
already showing great leadership, particularly in agricultural issues, 
and I know the issues that are important to rural Wisconsin.
  I guess to summarize, what we have started tonight, Mr. Speaker, we 
hope is an important stride in an educational effort to help our 
colleagues here in this institution and the people around America to 
understand what this bizarre thing called the Northeast Dairy Compact 
really is, what has been called the OPEC of milk. It is bad because it 
raises the price of milk, it is bad because it does not work, it does 
not prop up the dairy farms of America. In fact, it accelerates their 
decline. Do not take our word for it. You can listen to groups like the 
Wall Street Journal or the Consumer Federation of America or Americans 
for Tax Reform, the New Republic Magazine, the National Review. How 
many times do you get the New Republic and the National Review to agree 
on something? Citizens Against Government Waste, the National Taxpayers 
Union. Group after group after group has said to us and we are saying 
to you, this is wrong, it is bad public policy, it is time for it to 
end so we can move forward.

                          ____________________



 PAYING HOMAGE TO A SPECIAL GROUP OF VETERANS, SURVIVORS OF BATAAN AND 
                               CORREGIDOR

  The SPEAKER pro tempore (Mr. Shuster). Under the Speaker's announced 
policy of January 3, 2001, the gentleman from California (Mr. 
Rohrabacher) is recognized for 60 minutes.
  Mr. ROHRABACHER. Mr. Speaker, I rise tonight to pay homage to a 
special group of veterans. As all vets, all World War II survivors, 
they sacrificed for their country. But this is a very special group of 
veterans, a very special group of veterans from the Second World War. 
They are special in that their fight for justice continues to this day. 
They fought for us, but their struggle goes on and goes on. Instead of 
fighting the militarists of Japan, they today are forced to fight the 
lawyers of Japanese global business giants like Mitsubishi, Mitsui, and 
Nippon Steel. Instead of battling in the jungles, they are battling in 
the courtroom.
  And the greatest irony is that instead of having the American 
government on their side, these heroic veterans find themselves arguing 
in legal battles against representatives of their own government. This 
is the story of the American survivors of Bataan and Corregidor, some 
of the most heroic of America's defenders in the Second World War. When 
they were captured, they were forced to serve as slave labor for 
private war profiteering Japanese companies. They were deprived of 
food, medicine, often even clean water. They were used as work animals 
and treated as animals. The Japanese companies that worked these 
Americans, they worked them often to death, violated the most basic 
standards of morality, decency and justice.
  But most important, these Japanese corporations violated 
international law. They were accomplices to war crimes. Some of them 
even committed those war crimes. Instead of righting wrongs and 
admitting mistakes and putting the past behind them, like many German 
companies have done, these Japanese corporations have stonewalled 
efforts to bring justice to

[[Page 11981]]

those they wronged. And why should they not stonewall these American 
heroes? The United States State Department has taken their side against 
that of Americans who fought and gave their lives and put their lives 
on the line for the United States of America in the Second World War. 
The State Department has taken the side of our former enemy rather than 
the side of our defenders.
  Dr. Lester Tenney, a survivor of the death march in Bataan and of a 
slave labor camp says, and I quote, ``I feel as if I am once again 
being sacrificed by our government, abandoned not for the war effort as 
in the past but for the benefit of Japanese big business.''
  I believe Dr. Tenney has a point that deserves to be heard. In the 
hours following the attack on Pearl Harbor, the Japanese attacked U.S. 
installations in the Philippines. The United States forces retreated to 
the Bataan Peninsula and made their historic stand. Holding off the 
Japanese for months, they gave America time to regroup and to rally and 
to come back. Our government at one point had to make the heart-tearing 
decision to sacrifice the brave heroes of the Philippines because they 
knew they could not come to save them without causing the death of 
many, many, many more Americans in the long run and perhaps a failure 
of that operation itself. So the decision was made, yes, to abandon 
those American heroes, tens of thousands of them there in the 
Philippines. MacArthur was pulled out, he was ordered by the President 
to pull out, and our troops were left there. They were left there, as 
the song of the day went, with the battling bastards of Bataan, no 
mama, no papa, no Uncle Sam.

                              {time}  2215

  After the fall of Bataan, American and Filipino troops were forced to 
walk more than 60 miles in the infamous Bataan Death March. These were 
men that were weakened already, without food, without water, and they 
were denied any type of help along the way. Some Filipino people risked 
their lives; not only risked their lives, but gave their lives in order 
to throw little bits of water or food to these men as they marched for 
those 3 days of the Bataan Death March.
  They were beaten, and they were starved as they marched. Those who 
fell were bayonetted. Some of those who were not walking fast enough 
were beheaded by Japanese officers who were practicing with their 
samurai swords from horseback.
  The Japanese culture at that time reflected the view that any warrior 
who surrendered had no honor; thus, was not fit to be treated like a 
human being. Thus, they were not committing these crimes against human 
beings. The Japanese soldiers at that time, as was mandated and 
dictated by their culture, felt they were dealing with subhumans and 
animals.
  This is not a crime of the current Japanese generation. The Japanese 
for the past 50 years have had a strong democracy, at least for these 
last three or four decades have had a strong democracy, and the 
Japanese people are America's best friends. They have a civilized 
country, and none of them need ever to feel like any of the talk that 
is going to go on about these men receiving just compensation for what 
was done to them at Bataan and Corregidor and then later on in the 
Japanese Islands of Manchuria, the Japanese people themselves are not 
the target. We are not trying to make these people feel guilty. This 
was, after all, the culture of their day, and that culture has changed.
  America had a racist culture for many years. We had slaves in the 
last century, and the fact is that Americans corrected that. We paid an 
awful price. In the Civil War, we paid a price of hundreds of 
thousands, of millions of our own people who died trying to correct 
this evil in our society.
  The Japanese people of today who admit that their country in the past 
has done wrong need not hang their head in shame, but it will be a 
shame, and it will be a black spot on the Japanese people if these 
crimes are covered up and if wrongdoing is not admitted. That is the 
only accountability the Japanese people of today have.
  Those people and those corporations that worked these men as slaves, 
they have a legal responsibility. It is through these men who were 
wronged and worked as slaves by these Japanese corporations that still 
exist, by giving justice to these men we can close this book, and we 
can bring this chapter to a close and close this book and move on. The 
Japanese people need not feel guilty after that compensation and that 
apology is made.
  In the 3 days of the Death March, 650 to 700 Americans died. They 
died the worst possible death. Then after enduring this hell, many of 
the thousands of Americans that had survived that Death March, along 
with other American prisoners who had been taken prisoner in other 
areas of the Pacific theater, they were taken, thousands of them, in 
so-called hell ships to Japan and to Japanese-occupied territories. 
Packed into cargo holds, these POWs struggled for air, for simple air, 
in temperatures that reached 125 degrees. It is estimated that over 
4,000 American soldiers died aboard these hell ships.
  Again, the Japanese treated them like animals because at that time 
the Japanese were taught if anyone surrenders, they are no better than 
an animal because they have no honor.
  Our POWs struggled to survive the harshest conditions imaginable. 
Toiling beyond human endurance in mines, in factories, in shipyards and 
steel mills, often under extremely dangerous working conditions, they 
were worked like animals. Company employees beat them and harangued 
them. Of course, the Japanese work force was all off in the army. They 
used these slave laborers to make sure Japan could conduct its war 
effort. In doing so, they treated these men, our men, our heroes, like 
animals, and they starved these men. They denied them medical care. 
These brave heroes, Americans, suffered from dysentery, scurvy, 
malaria, diptheria, pneumonia and many, many other diseases, yet they 
were not treated, and they were permitted to die. With few rations, and 
many rations that were simply unfit for human consumption, they worked 
and they were beaten. POWs were reduced to skin and bones.
  Today, many of those who survived this ordeal still suffer from 
health problems directly related and tied to that time when they were 
worked as slave laborers by the Japanese militarists. When one hears 
the survivors tell their stories, they will never forget how much we 
owe these heroic individuals.
  Frank Bigelow, 78 years old, from Brooksville, Florida, was taken 
prisoner at Corregidor. Mr. Bigelow was shipped to Japan, where he 
performed forced labor in a coal mine owned and operated by Mitsui. 
``We were told to work or die,'' Mr. Bigelow recalls. Injured in a 
mining accident, Mr. Bigelow had to have his infected broken leg 
amputated by a fellow POW. That leg was amputated without anesthetic. 
At war's end, though standing 6'4'', Mr. Bigelow weighed 95 pounds.
  Lester Tenney, 80 years old, of La Jolla, California, became a 
prisoner of war with the fall of Bataan on April 9, 1942. He was a 
prisoner of the Japanese, and he survived the Bataan Death March but 
was then transported to Japan aboard a hell ship. In Japan, he was sold 
by the Japanese Government to Mitsui and forced to labor 12 hours a 
day, 28 days a month, in a Mitsui coal mine. ``The reward I received 
for this hard labor was beatings by the civilian workers at that 
mine,'' he said. They worked him, and they beat him, and they treated 
him like an animal.
  These are just a couple of the stories. The horrors they suffered at 
the hands of profit-making Japanese corporations can fill the pages of 
a book and, in fact, have filled the pages of many books.
  Their case is clear. The facts cannot be denied. Their claims should 
not be dismissed or explained away, and their cause should be the cause 
of all American patriots, and especially should be the cause of the 
American Government, which they defended with their lives.
  What makes all of this more difficult to understand is why the State 
Department refuses to assist these heroic veterans. It is hard to 
fathom why the State Department was willing to help

[[Page 11982]]

facilitate the claims of victims of Nazi Germany but not these victims 
of militarist Japan.
  Certainly the Germans committed atrocities during the war. Nazi 
Germany was a place of horrors, and the German people have admitted it 
and tried to make good and tried to bring justice to these claims, and 
we have backed them up. We have backed them up because it is the right 
thing to do. We have backed up those people making the claims, and we 
have encouraged the Germans to move forward in this way.
  There is no reason on God's Earth, there is no reason in the cause of 
patriotism and honor, that our government should not be assisting those 
Americans that were used as slave laborers by the Japanese 
corporations. These American heroes who survived the Bataan Death 
March, these heroes were worked nearly to death by these Japanese 
corporations. There is no reason that we should not be with them 100 
percent.
  Instead, they fight a lonely battle. The lawyers for the State 
Department are allying themselves with these war profiteers in Tokyo 
against the Americans they victimized. The best legalese they can 
muster is being used to undercut the claims of our American heroes. 
They are erroneously claiming that the peace treaty with Japan bars 
these veteran heroes from making these claims against these Japanese 
corporations that used them as slave labor.
  It is wrong, and it is utter nonsense, for a number of reasons. 
First, as the State Department has elsewhere conceded, the waiver 
claims of U.S. private citizens against the private companies of 
another country is not merely unprecedented in the history of the 
United States, it is not recognized under international law and raises 
serious constitutional issues under the fifth amendment.
  What that means is that it is unprecedented that the United States is 
claiming that our own citizens cannot sue another company in another 
country, especially when there are human rights violations involved and 
international violations of law. This is unprecedented that we are 
saying that our people cannot even make a suit.
  So it might violate the very Constitution, the constitutional rights 
of these heroic Americans who defended our country, who gave the 
greatest sacrifice, nearly gave their own lives, but saw many of their 
friends and loved ones give their lives. It could well be, and I 
believe that it is true, that this is a violation of their 
constitutional rights to seek legal redress for acts and crimes against 
them by these very same Japanese corporations.
  Let us again remember, these Japanese corporations are the very same 
corporations that existed in World War II. They are corporate entities. 
As long as they themselves exist, we are not asking for some type of 
legal right to sue the Japanese Government, but those corporations have 
legal responsibilities as corporations. They have the responsibilities, 
just as individuals do, to pay for their crimes.
  Second, if we take a close look at the history of the 1951 treaty, it 
reveals that negotiators considered treaty language which would have 
permitted POW lawsuits against Japanese companies that had exploited 
them. That reference, I might add, was deleted from the final draft at 
the demand of other allied powers who had made that agreement with the 
U.S. delegation. So that was part of the original language that they 
were going to get the right to sue.
  In the end, the bottom line is this: Our POWs do not have a right to 
sue the Japanese Government. That is true. And the Japanese people do 
not have a right to sue the American Government, but certainly these 
corporations are responsible. Just as the individual Japanese who 
committed war crimes, heinous war crimes, were responsible, and those 
war crimes, many of them were executed, these Japanese corporations 
have an obligation to those people who they wronged to compensate them, 
yet our government is taking the other side.
  I think it is fascinating to note that many more German war criminals 
were executed and brought to justice than were their Japanese 
counterparts.

                              {time}  2030

  Yet, the Japanese were clearly involved with criminal activity, with 
war crimes, on a massive scale, and especially against the Chinese 
people and against the Americans and Brits who fought against the 
Japanese and were captured early in the war. Why is this? Obviously we 
felt that Japan might be in danger of instability after the war and 
during the Cold War might go communist. That is clearly the reason this 
happened.
  The Cold War is over. It is time now for justice, at the very least 
justice for our own people. It is time that the Japanese corporations 
who committed these crimes at the very least offer an apology and 
compensation to those Americans who survived the Bataan Death March and 
were worked as slaves and saw their fellow countrymen gunned down and 
die of starvation. The very least these heroes deserve is some type of 
justice for their claims before they die of old age. We deserve to 
stand with them, and their government should stand with them. It is a 
shame for our government to be on the side of the enemy which these 
heroes fought.
  The treaty we are talking about also includes a clause which 
automatically and unconditionally extends to the Allied powers many 
more favorable terms granted to Japan than any other claim settlements. 
Japan has entered into the war claims settlements with the Soviet 
Union, for example, and Burma, Spain, Switzerland, Sweden and the 
Netherlands and others.
  Thus, what we have here by this treaty we are talking about are other 
Allied powers, other countries in the world, have a right to sue, and 
there have been settlements, claim settlements, with the Soviet Union, 
people from Russia, Burma, Spain, Switzerland, Sweden, the Netherlands 
and others. Yet these same rights to allow the people from other 
countries to pursue their claims against the Japanese corporations are 
not being extended to the United States and our nationals.
  What is that all about? Why is that? There should be no waiver 
provision that waives the rights of American citizens to use their 
constitutional rights in court to seek justice when they were treated 
in this way, when criminal acts were taken against them.
  We side with other countries' rights, but not with the rights of the 
heroes of Bataan and the heroes who held the ground, who stood tall and 
gave us the chance to regroup and to organize and to come back and 
defeat the enemy that threatened the world.
  The United States State Department has no answer to these legal 
questions. On the public record to date they simply ignore them or 
obfuscate the facts.
  Two weeks ago, on Fox News Sunday, Colin Powell, our Secretary of 
State, promised to review the State Department's erroneous and 
unyielding stand against our heroes, our World War II heroes' right to 
sue their Japanese tormentors, their Japanese corporate tormentors. He 
provided hope to the survivors that justice will be served.
  But I have yet to hear anything else from our Secretary of State. I 
would hope that Secretary of State Colin Powell, a man of deep feeling, 
a man of great honor who served in our military, but also served his 
country so well in so many capacities, I hope that the bureaucrats in 
the State Department do not get to him and have him analyze this 
situation with a bureaucratic approach that would just put off and put 
off and put off any type of action until all of these heroes die of old 
age and are taken by God.
  This would be the gravest injustice of all. And those bureaucrats at 
the State Department, who never want to rock the boat, oh, we cannot 
rock the boat with Japan, well, the Cold War is over and we can rock 
the boat anywhere in the world. When Americans who have committed this 
type of heroism, Americans who are that solid and those people who gave 
so much for us, when they are being wronged, we can rock the boat 
anywhere in the world to see that they obtain justice.
  I hope that Colin Powell, Secretary of State Powell, sees through 
this bureaucratic maze that has been constructed and been used to 
thwart justice for these survivors of the Bataan

[[Page 11983]]

Death March. I hope he sees through that, and I hope he listens to his 
heart and his patriotism.
  We have another opportunity. I hope Colin Powell acts, but we also 
have another opportunity. In a few days a new Japanese prime minister 
will be coming to the United States. Again, let me say that in no way 
do I hold the Japanese people of today guilty for the war crimes of 
their ancestors. However, those corporations that existed in that day, 
60 years ago, those corporations that committed those crimes are legal 
entities that bear the legal burden of what their corporations did 60 
years ago.
  But when we talk to the new Japanese prime minister and we welcome 
him, we should be welcoming him as a friend, and we should be talking 
to the Japanese people as our friends. What I say tonight is not meant 
in any way to be a slap at the Japanese people.
  For the last few decades, by the way, the only Japanese American in 
this body, I guess maybe there are two Japanese Americans in this body, 
but one of the two Japanese Americans in this body is the coauthor of 
this legislation that I have brought forth to try to bring justice to 
these American POWs. He is not about to insult the Japanese people, 
just as I mean no insult, and none of us involved in this do.
  The Japanese people are good friends of ours. I have many good 
friends in Japan. I lived in Japan as a young boy. The Japanese people 
now are an honorable people. Some of them are trying to cover up the 
mistakes, but the most honorable way to go forward is admit mistakes 
have been made, bring justice about, make an apology, if necessary, and 
then just move on. That is the way to handle it.
  But, instead, our government has been playing a game, playing a game 
with these very same Japanese corporations that committed these crimes. 
When the Japanese prime minister comes this week, many people are 
hoping that this issue does not come up. The diplomats are hoping that 
it is not to be an issue addressed at the summit. They believe that 
this issue should be swept under the rug, and we should keep just 
stirring the pot and trying to keep this situation confused until it 
goes away. And ``goes away,'' do you know what ``goes away'' means? It 
means those heroic men who gave their lives and sacrificed so much, 
those heroic men of the Bataan Death March, who served as POWs, our 
most heroic soldiers of World War II, that they are dead. That is when 
this ``goes away.'' That is what our State Department is waiting for.
  Well, the rest of us perhaps have a greater and a higher standard 
than that, and a higher appreciation of what that generation, that 
World War II generation, did for us, and we are not about to stir the 
pot. We are working now to have justice for these men, and it should be 
an issue at the summit with a new Japanese prime minister.
  And it will go away. It will go away when our heroes from the Bataan 
Death March and the Japanese slave labor camps and the mines and the 
Japanese war machines and the corporations that worked our people to 
death, when they compensate our heroes and apologize, it is over, and 
it will be done, and the book will be closed. But it will not be until 
then.
  Of the more than 36,000 American soldiers who were captured by the 
Japanese, only 21,000 made it home. The death rate for American POWs 
was 30 times greater in Japanese prison camps than in German prison 
camps. Let me repeat that: The death rates for American POWs were 30 
times greater in Japanese prison camps than in German prison camps.
  Even though Japanese companies profited from slave labor, these 
companies have never offered an apology or repayment. Perhaps they were 
being counseled. Maybe they were being counseled by our State 
Department. Maybe they were being counseled by lobbyists in this city. 
Maybe they were being counseled by people whose advice they sought and 
paid for.
  Just like with some of the things going on with China today, what we 
have unfortunately seen is that some Americans, many Americans, can be 
bought off. Can be bought off? Can you imagine this? Can you imagine 
someone taking a fee from a Japanese corporation and telling them how 
not to apologize and not to give compensation to a survivor of the 
Bataan Death March, to the greatest of America's heroes? Oh, yes, there 
are people like that in Washington, D.C. Yes, there are.
  Today there are fewer than 5,400 surviving former Japanese POWs. 
These survivors are pushing for justice; not just for themselves, but 
also for their widows and the families of those POWs who died 
prematurely due to the horrible conditions that they lived under while 
they were enslaved by these Japanese corporations.
  The POWs finally have a chance, however, to win justice, but they 
should not and they cannot be abandoned once again by their government. 
These men were abandoned in 1942 by a decision by our government that 
our government had to make, and there were many tears, I am sure by 
those commanders who had to make that decision and say that these tens 
of thousands of Americans will be permitted to be taken, captured by 
the Japanese, and they were abandoned.
  We will not abandon them again. If we do, if we permit this to 
happen, shame on us. As I say, the gentleman from California (Mr. 
Honda), a Japanese American, I might say that he himself was interned 
during World War II as a Japanese American, he is coauthor of this 
bill. It is called the Justice for United States POWs Act of 2001. The 
bill number is H.R. 1198. I will repeat that. The bill is ``The Justice 
for United States POWs act of 2001,'' and the number is H.R. 1198.
  My name is Dana Rohrabacher. I am a Republican from California. I am 
the author of that bill. The coauthor of that bill is a Democrat from 
California, the gentleman from California (Mr. Honda). The gentleman 
from California (Mr. Honda) and I have put a great deal of time and 
effort into this legislation, and I commend my over 100 colleagues who 
have signed on as cosponsors and supporters of this legislation. I 
would urge my fellow colleagues to do the same.
  Mr. Speaker, I agree with those who say that Japan is a great 
strategic ally of the United States; but a true friendship requires 
friends to speak out when there has been an insult or an injustice. And 
friends must join together to address that injustice. A true friendship 
can only exist when apologies have been made and wrongs have been 
righted, when the wrongs have been corrected and recognized.
  We are asking the Japanese people to be our friends, and they are our 
friends. Nothing damages our relationship with Japan more than the 
cold-hearted and unjustified refusal of these multinational 
corporations, acting with the support of the Japanese government, to 
make sure that our American hero veterans do not receive the 
compensation and the apologies that they deserve.

                              {time}  2245

  These POWs have asked for back pay, back pay, for a time when they 
were used as slave labor, and they are asking for an apology. What 
American could be opposed to that? I would ask, what Japanese person 
could oppose that? This would be a sign of good faith, and I would hope 
that this administration would counsel to the new Japanese Prime 
Minister, I hope Secretary of State Powell and President Bush counsel 
the Japanese Prime Minister to take a look at this bill and to reach 
out to the American people and to close this sad chapter. This issue 
must be addressed, and our State Department should hang its head in 
shame if it continues to try to undermine the efforts of these American 
POWs.
  Mr. Speaker, I have been asked often why I am personally involved in 
this issue? Why I, along with the gentleman from California (Mr. 
Honda), worked and wrote the U.S. POW Act of 2001, H.R. 1198, and it 
really is a very personal issue with me, a very personal issue. Mr. 
Speaker, at this time in my life, I am a very happy person. I am 
serious about the work I do here, but I am a very, very happy person. 
Three and a half years ago I was married

[[Page 11984]]

after about 15 years of being a single man, and I found the woman that 
I love, and it was a wonderful thing. And when we were married 3\1/2\ 
years ago, my wife's father had passed away, he died of cancer about 6 
years ago; and of course, someone had to give her away at the wedding, 
and her own father had died of cancer. Giving her away at the wedding, 
my wife, Rhonda's, Uncle Lou, Great Uncle Lou gave her away. That is 
the first time I ever had a chance to get to meet Uncle Lou.
  Uncle Lou is not this man's real name, but everyone calls him Uncle 
Lou. His friends call him Lou. Uncle Lou's real name is Arthur 
Campbell, Army Air Corps, 1941. Uncle Lou was unfortunate enough to 
have been stationed in the Philippines shortly before the war broke out 
and was captured by the Japanese and survived the Bataan Death March, 
the horrific death march. He was then taken on a hell ship to Mukden, 
which is a prison labor camp in Manchuria. Every day he would see his 
fellow prisoners murdered, beaten and tortured; scientific 
experimentation was conducted on these men and other prisoners. This 
was what Uncle Lou survived.
  Uncle Lou was a strapping young man who, by the time he was freed at 
the end of the war, was under 100 pounds. As I say, we call him Uncle 
Lou because Uncle Lou was called by his Japanese guards as, this man 
must be Lucifer, because he is so defiant. He was lucky to have 
survived at all with a defiant attitude, and all of the rest of the 
prisoners kept calling him Lou at that point, and he adopted the name. 
Uncle Lou told me about what happened to him, and I met with some of 
the fellow prisoners that served with him in the prison camp at Mukden. 
The stories will just tear your heart out.
  We cannot permit Uncle Lou and the Uncle Lous of this world to go 
without justice. Uncle Lou will not live forever. Uncle Lou is in his 
80s right now, and he has had a pacemaker put in; and the fact is that 
when he breathes his last breath and he takes a look around him, I want 
him to know that his country has done justice by him. I think every 
American should make that a goal, that the Uncle Lous of this world, 
that we do right by them, whether they are the survivors of the Bataan 
Death March or the other people who fought for this country during the 
Second World War.
  As Tom Brokaw says, this truly was the greatest generation; and we 
insult them, we do them a grave injustice, we trash their sacrifice by 
having our own government involved with legal wrangling to try to 
prevent their claims against these Japanese corporations that use them 
as slave labor. This is sinful. We cannot permit it to go on. We must 
do this before these people leave the scene. We must honor them.
  My father was also a veteran, a combat veteran of World War II. My 
father was a Marine pilot. He passed away 3 years ago. I looked into 
his trunk after he died and out came the Japanese battle flags and the 
memorabilia from World War II, and it seems that my father too fought 
in the Philippines. He was one of the pilots, Marine pilots that flew 
up and down the Philippines during the effort to recapture the 
Philippines from the Japanese in 1944.
  He passed away 3 years ago. I remember him telling me quite often 
about his experiences, and let me just say I am very proud of my father 
and I am proud of the things he did. But he harbored no grudges against 
the Japanese. He fought with the Japanese, he had Japanese battle flags 
in his trunk; but he had many Japanese friends, and I have many 
Japanese friends as well. Please, no one should take this as an attack 
on the Japanese people, and I repeat that again. The Japanese people 
have tried to leave that part of their culture behind that had them 
treat men and women as they did. They know that heinous crimes were 
committed against the Chinese people, and they know that men who gave 
up and surrendered and were treated like animals, they know that; and 
they have left that behind.
  They are trying to build a civilized society, a society of 
technology, a society of tolerance in Japan. They are trying to do 
that. We should help them do that by getting this behind us. We have 
our own haunts, our own ghosts in our past; and we too have tried to 
leave them behind us. We too have tried to say that we are going to not 
treat people in an unjust way, as we have in our society in the past.
  So let us not look at this as a condemnation of the Japanese. I am 
sure the Japanese people, the younger ones in particular, understand 
that there is no malice in our hearts. We wish nothing but success for 
the Japanese. Our economies are tied together. America cannot have a 
strong economy unless the Japanese economy begins to pick up and has a 
strong economy. We are tied together with the Japanese, and they were 
our enemies. Perhaps that is one of the greatest aspects of America, is 
our ability to forgive. But we have got to be asked for forgiveness. 
The people who have been wronged, the Japanese corporations that did 
this to our people, have to give some compensation to those men they 
wronged. This is not an unreasonable request.
  Finally, let me say this about the Philippines. The Philippines and 
the Filipino people are perhaps the best friends of the United States 
in the Pacific, maybe the best friends of the United States in the 
whole world. They like us, and we should like them. They are in a bad 
situation right now too. They are in a very bad situation.
  Just as the Japanese militarists sought to dominate Asia and the 
Pacific during the 1920s and 1930s, there is another power on the 
march, another militaristic power that threatens the stability of the 
world and is an enemy to all free governments. Its militarism and 
expansion are alarming. Just like the Japanese Government, this 
government has wiped out its democratic opposition. They are expanding, 
just like this government of the 1920s and 1930s, this current 
government that threatens the Philippines and threatens all democratic 
countries in that region, are trying to expand into island bases in 
which they will be used as power bases to assert their authority and 
power in given areas of the Pacific. We can see that now in the 
Spratley Islands, and we can see it in the Paracale Islands, we can see 
it throughout the South China Sea.
  This power that seeks to dominate the world today, or dominate Asia 
today is as racist as the Japanese were racist back in the 1920s and 
1930s. They felt they were racially superior. The Japanese people do 
not believe that anymore; they want to be part of the family of 
nations. They have discarded that, but they had to lose the war to 
discard that. We liberated the Japanese people, just like we liberated 
the Philippines from Japanese militarism. We liberated the Japanese 
people the same, but today this other militaristic power is on the 
march. They too are racist, they are expansionary, they are 
militaristic, and they too understand that only the United States of 
America stands in their way, and that the Philippines is a friend of 
the United States of America.
  I am talking about, of course, the Communist Chinese. I am talking 
about the People's Republic of China, which is now engaged today in 
military naval exercises off the coast of the Philippines. This is an 
alarming piece of news.
  The security of the Pacific was won and the peace of the Pacific was 
won and the freedom of the Pacific was won by the blood and the 
sacrifice of American military personnel during the Second World War. 
People like Lou, my father and Uncle Lou. We cannot permit the Chinese 
Communists to expand their domain and to take over where the Japanese 
militarists left off.
  During the 1930s, the Japanese sank a U.S. patrol boat, the Panay, 
U.S.S. Panay, killing several of the people on board. A Chinese 
jetfighter knocks one of our planes out of the air several months ago 
while it was on a routine mission in international waters, knocking it 
out of the air, and they took 24 American military personnel and held 
them as hostages for 11 days. Things are getting worse with China and 
in the Pacific. We must do justice to those people who fought in the 
Pacific by ensuring that the Pacific remains free, remains prosperous 
and at peace; and today, there are ominous clouds on the horizon. Yet 
as things get

[[Page 11985]]

worse, as they were getting worse in Japan, corporate America still 
demands on doing business as usual with the Communist Chinese.
  It is very similar, as we have heard so often quoted, where it is 
deja vu all over again; and I am afraid that this is a very frightening 
deja vu. The Japanese in the 1930s were insisting that America continue 
to sell them scrap metal and oil and aerospace, or I should say 
aeroplane, because there was not any ``space'' with it in that day, 
aeronautic technology. Many of the Japanese aircraft that fought 
against us in World War II actually were designed and were at least 
partially designed by American manufacturers. The scrap metal and the 
oil that was used to fuel their war mission can be traced back to the 
United States. Corporate America was willing to close its eyes to the 
threat that faced us in the Pacific back in the 1920s and 1930s, just 
as corporate America is trying to close our eyes today to the threat of 
Communist China.
  Mr. Speaker, we do not, we do not do justice to those who defended us 
in the Second World War by going for short-term profit in the mainland 
of China, letting these big corporations make billions of dollars off 
their slave labor, while those Chinese Communists are using their 
profit from that company to build up their military, which some day 
will perhaps kill Americans. We have already had, we have already had a 
transfer of rocket technology to the Communist Chinese that makes our 
country so much more vulnerable to a possible nuclear attack.
  It is frightening to think that American corporations, and the Cox 
Commission outlined how Lorell Corporation was selling technology that 
improved the accuracy and the capabilities of Chinese rockets.

                              {time}  2300

  There are American aerospace firms improving the capabilities and 
accuracy of Chinese rockets so that they could evaporate tens of 
millions of Americans if we get into a conflict with them.
  I do not want to have any conflict with the Chinese people. I do not 
want to have any conflict with China at all. War is horrible. I know. 
My father had told me and Uncle Lou's tales are very vivid.
  These people who we are trying to find justice for tonight, they 
certainly know how horrible war is. We do not want to have that. But 
the quickest way to have conflict is to seem to grovel before dictators 
and militarists, and that is what the Japanese knew of the United 
States before World War II and the Chinese Communists think the same 
thing of us today.
  They think that we have no honor, because our own corporate leaders 
sell out the national security interests of our country for short-term 
profit. No wonder they are treating us as a degenerate culture.
  We must stand firm. We must stand firm for the security of our 
country, and we must stand firm to keep our country a leader, a leader 
for world peace, yes, but also a leader for democracy throughout the 
world.
  We must be the friend of the Japanese people, because they want 
democracy and we liberated them from their militarists, but we also 
must be the friend of the Chinese people. The Chinese people live in 
oppression, we must free them from the militarists that oppress them 
and are threatening the peace of the world.
  If we do so, countries like the Philippines who are struggling now, 
they have no weapons that can deter the Chinese naval exercises that 
are violating their territorial waters right off their shore.
  The Chinese grab of the Spratley Islands and the vast mineral 
resources, under those islands that should belong to the Philippines, 
but instead the Chinese are permitted to, through aggression and 
militarism, to steal that from the Philippine person, but they do not 
have the means to defend themself.
  We should make sure, and I am very proud that I included in the State 
Department authorization this year a provision that permits us to 
provide obsolete weapons and the other type of gear that we would be 
mothballing from the American military that we can provide it to the 
Philippines, just as if we are providing it to any NATO ally.
  So we increased the Philippines to their status in terms of receiving 
weapons from the United States up to a NATO ally status.
  We must be strong and stand with the people who love freedom, whether 
it be the people of the Philippines or the people of Japan or the 
people of China against their own oppressors. We must insist on truth. 
There is an old saying, know the truth and it will make you free. It 
comes from the good book.
  We must insist on the truth. Yes, if we have to make compromises, if 
we have to go at problems obliquely rather than straight on, that is 
what it has to be, but it should not be based on the fact that we are 
lying to ourselves and lying to the American people.
  We need a regeneration, a rebirth of courageous leadership in this 
country of integrity. We had 8 years under the last administration 
where no one in this world, even our own people, could respect our own 
leaders. Many of our own leaders were just not respectable. Now we have 
a chance.
  This new administration has a chance. I would ask people to call 
their congressmen and talk about this piece of legislation, helping the 
American POWs from World War II.
  I would ask them also to contact the White House and see that the 
White House brings this issue up of American POWs from the Bataan Death 
March and to try to see what we can do to get President George W. Bush 
just to mention this to the Japanese prime minister when he arrives 
here within a few days.
  These are the things that we can do and we can do this because by 
doing so, we honor those 3,000 or 4,000 surviving Death March survivors 
who are still here waiting for their day, waiting for their day in 
court and waiting for justice.
  Tonight, I would hope all of those who are with these American POWs, 
I hope that they activate themselves, and I hope that our democratic 
process is working. I know that we are making them proud. My own 
father's watching down tonight and all of those who gave their lives in 
World War II and other all other American wars, they will be proud.
  Let us make them proud of us as Americans and by doing so and having 
the courage to do what is right, especially for the survivors of the 
Bataan Death March, America's ultimate heroes.

                          ____________________



                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Sanders) to revise and 
extend their remarks and include extraneous material:
  Mr. Langevin, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Norton, for 5 minutes, today.
  Mr. Sandlin, for 5 minutes, today.
  Ms. Carson of Indiana, for 5 minutes, today.
  (The following Members (at the request of Mr. Osborne) to revise and 
extend their remarks and include extraneous material:)
  Mr. Oxley, for 5 minutes, today.
  Mr. Gutknecht, for 5 minutes, today.
  Mr. Herger, for 5 minutes, June 28.

                          ____________________



                      SENATE ENROLLED BILL SIGNED

  The SPEAKER announced his signature to an enrolled bill of the Senate 
of the following title:

       S. 657. An act to authorize funding for the National 4-H 
     Program Centennial Initiative.

                          ____________________



                              ADJOURNMENT

  Mr. ROHRABACHER. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 11 o'clock and 6 minutes 
p.m.), the House adjourned until Wednesday, June 27, 2001, at 10 a.m.

[[Page 11986]]



                          ____________________



                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       2669. A letter from the Congressional Review Coordinator, 
     Animal and Plant Health Inspection Service, Department of 
     Agriculture, transmitting the Department's final rule--West 
     Indian Fruit Fly; Removal of Quarantined Area [Docket No. 00-
     110-3] received June 22, 2001, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Agriculture.
       2670. A communication from the President of the United 
     States, transmitting a request to make funds available for 
     the Disaster Relief program of the Federal Emergency 
     Management Agency; (H. Doc. No. 107-90); to the Committee on 
     Appropriations and ordered to be printed.
       2671. A letter from the Counsel for Regulations, Department 
     of Housing and Urban Development, transmitting the 
     Department's final rule--Voluntary Conversion of Developments 
     From Public Housing Stock; Required Initial Assessments 
     [Docket No. FR-4476-F-03] (RIN: 2577-AC02) received June 22, 
     2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Financial Services.
       2672. A letter from the Counsel for Regulations, Department 
     of Housing and Urban Development, transmitting the 
     Department's final rule--Section 8 Homeownership Program; 
     Pilot Program for Homeownership Assistance for Disabled 
     Families [Docket No. FR-4661-I-01] (RIN: 2577-AC24) received 
     June 22, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Financial Services.
       2673. A letter from the Chairman, National Skill Standards 
     Board, transmitting the Board's 2000 Report to Congress 
     entitled, ``Accelerating Momentum,'' pursuant to 20 U.S.C. 
     5936; to the Committee on Education and the Workforce.
       2674. A letter from the Director, Regulations Policy and 
     Management Staff, Department of Health and Human Services, 
     transmitting the Department's final rule--Requirements for 
     Testing Human Blood Donors for Evidence of Infection Due to 
     Communicable Disease Agents [Docket No. 98N-0581] received 
     June 22, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       2675. A letter from the Director, Regulations Policy and 
     Management Staff, Department of Health and Human Services, 
     transmitting the Department's final rule--General 
     Requirements for Blood, Blood Components, and Blood 
     Derivatives; Donor Notification [Docket No. 98N-0607] 
     received June 22, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Energy and Commerce.
       2676. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting notification concerning the 
     Department of the Navy's Proposed Letter(s) of Offer and 
     Acceptance (LOA) to the Republic of Korea for defense 
     articles and services (Transmittal No. 01-17), pursuant to 22 
     U.S.C. 2776(b); to the Committee on International Relations.
       2677. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting notification concerning the 
     Department of the Army's Proposed Letter(s) of Offer and 
     Acceptance (LOA) to the Republic of Korea for defense 
     articles and services (Transmittal No. 01-16), pursuant to 22 
     U.S.C. 2776(b); to the Committee on International Relations.
       2678. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting certification of a 
     proposed license for the export of defense articles or 
     defense services sold commercially under a contract to Taiwan 
     [Transmittal No. DTC 052-01], pursuant to 22 U.S.C. 2776(c); 
     to the Committee on International Relations.
       2679. A letter from the Assistant Legal Adviser for Treaty 
     Affairs, Department of State, transmitting copies of 
     international agreements, other than treaties, entered into 
     by the United States, pursuant to 1 U.S.C. 112b(a); to the 
     Committee on International Relations.
       2680. A letter from the Director, Office of Personnel 
     Policy, Department of the Interior, transmitting a report 
     pursuant to the Federal Vacancies Reform Act of 1998; to the 
     Committee on Government Reform.
       2681. A letter from the Director, Office of Personnel 
     Policy, Department of the Interior, transmitting a report 
     pursuant to the Federal Vacancies Reform Act of 1998; to the 
     Committee on Government Reform.
       2682. A letter from the White House Liaison, Department of 
     Education, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Government 
     Reform.
       2683. A letter from the White House Liaison, Department of 
     Justice, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Government 
     Reform.
       2684. A letter from the Personnel Management Specialist, 
     Department of Labor, transmitting a report pursuant to the 
     Federal Vacancies Reform Act of 1998; to the Committee on 
     Government Reform.
       2685. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule--Change of Official EPA Mailing 
     Address; Additional Technical Amendments and Corrections 
     [FRL-6772-2] received June 25, 2001, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Resources.
       2686. A letter from the Assistant Attorney General, 
     Department of Justice, transmitting the report on the 
     Administration of the Foreign Agents Registration Act 
     covering the six months ended December 31, 2000, pursuant to 
     22 U.S.C. 621; to the Committee on the Judiciary.
       2687. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule--Oil Pollution Prevention and 
     Response; Non-Transportation-Related Facilities [FRL-7003-1] 
     (RIN: 2050-AE64) received June 25, 2001, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       2688. A letter from the Chief, Regulations Unit, Internal 
     Revenue Service, transmitting the Service's final rule--
     Eligibility requirements after denial of the earned income 
     credit [TD 8953] (RIN: 1545-AV61) received June 22, 2001, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.

                          ____________________



         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. COMBEST: Committee on Agriculture. H.R. 2213. A bill to 
     respond to the continuing economic crisis adversely affecting 
     American agricultural producers; with an amendment (Rept. 
     107-111). Referred to the Committee of the Whole House on the 
     State of the Union.
       Mr. CALLAHAN: Committee on Appropriations. H.R. 2311. A 
     bill making appropriations for energy and water development 
     for the fiscal year ending September 30, 2002, and for other 
     purposes (Rept. 107-112). Referred to the Committee of the 
     Whole House on the State of the Union.
       Ms. PRYCE of Ohio: Committee on Rules. House Resolution 
     179. Resolution providing for consideration of motions to 
     suspend the rules (Rept. 107-113). Referred to the House 
     Calendar.
       Mr. SESSIONS: Committee on Rules. House Resolution 180. 
     Resolution providing for consideration of the bill (H.R. 
     2311) making appropriations for energy and water development 
     for the fiscal year ending September 30, 2002, and for other 
     purposes (Rept. 107-114). Referred to the House Calendar.

                          ____________________



                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. CALVERT (for himself, Mr. Lewis of California, 
             Mr. Baldacci, Mr. Rohrabacher, and Mrs. Bono):
       H.R. 2309. A bill to amend the Small Business Act to 
     provide loans to eligible small business concerns for energy 
     costs; to the Committee on Small Business.
           By Mr. MURTHA:
       H.R. 2310. A bill to increase the rates of military basic 
     pay for members of the uniformed services by providing a 
     percentage increase of between 7.3 percent and 10.5 percent 
     based on the members' pay grade and years of service; to the 
     Committee on Armed Services.
           By Mr. CALLAHAN:
       H.R. 2311. A bill making appropriations for energy and 
     water development for the fiscal year ending September 30, 
     2002, and for other purposes.
           By Mr. BOUCHER (for himself, Mr. Gilchrest, Mr. Frost, 
             Mr. Holden, Mr. Petri, Mr. Weiner, and Mr. Schiff):
       H.R. 2312. A bill to provide for protection of the flag of 
     the United States; to the Committee on the Judiciary.
           By Mr. CRANE:
       H.R. 2313. A bill to amend the Internal Revenue Code of 
     1986 to repeal the income taxation of corporations, to impose 
     a 10 percent tax on the earned income (and only the earned 
     income) of individuals, to repeal the estate and gift taxes, 
     to provide amnesty for all tax liability for prior taxable 
     years, and for other purposes; to the Committee on Ways and 
     Means.
           By Ms. GRANGER (for herself and Ms. Pryce of Ohio):
       H.R. 2314. A bill to amend title I of the Employee 
     Retirement Income Security Act of 1974 to provide to 
     participants and beneficiaries of group health plans access 
     to obstetric and gynecological care; to the Committee on 
     Education and the Workforce.
           By Mr. FLETCHER (for himself, Mr. Peterson of 
             Minnesota, Mrs. Johnson of Connecticut, Mr. Burr of 
             North Carolina, Mr. Thomas, Mr. Tauzin, Mr. Boehner, 
             Mr. Bilirakis, Mr. Sam Johnson of Texas, Mr. Cooksey, 
             Mr. Weldon of Florida, Mr. Hayes, Mr. Pence, Mr. 
             Platts, Ms. Pryce of Ohio, Mr. Goss, Mr. Houghton, 
             Mr. Greenwood, Mr. Portman, Mr. Hobson, Mr. Hilleary, 
             Mr.

[[Page 11987]]

             Radanovich, Mr. Simmons, Mr. Crenshaw, Mr. Ballenger, 
             Mr. Gibbons, Mr. Buyer, Mr. Collins, Mr. Pitts, Mr. 
             Rogers of Kentucky, Mr. Simpson, Mr. Linder, Mr. 
             Shaw, Mr. Watts of Oklahoma, Mr. Skeen, Mr. Stearns, 
             Mr. Bachus, Mr. Kirk, Mr. Bartlett of Maryland, Mr. 
             English, Mr. Weller, Mr. Ramstad, Mr. Otter, Mr. 
             Sununu, Mr. Lewis of Kentucky, Mrs. Cubin, Mr. 
             Isakson, Mr. Shays, Mr. Wicker, Mr. Pickering, Mr. 
             McInnis, Mr. McCrery, and Mr. Camp):
       H.R. 2315. A bill to protect consumers in managed care 
     plans and in other health coverage; to the Committee on 
     Energy and Commerce, and in addition to the Committees on 
     Education and the Workforce, and Ways and Means, for a period 
     to be subsequently determined by the Speaker, in each case 
     for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. HULSHOF:
       H.R. 2316. A bill to make permanent the tax benefits 
     enacted by the Economic Growth and Tax Relief Reconciliation 
     Act of 2001; to the Committee on Ways and Means.
           By Ms. MILLENDER-McDONALD (for herself, Mr. King, Mr. 
             Oberstar, Mr. Houghton, Ms. Kaptur, Mr. Jackson of 
             Illinois, Mr. Jefferson, Ms. Brown of Florida, and 
             Mr. Conyers):
       H.R. 2317. A bill to make permanent the provision of title 
     39, United States Code, under which the United States Postal 
     Service is authorized to issue a special postage stamp in 
     order to help provide funding for breast cancer research; to 
     the Committee on Government Reform, and in addition to the 
     Committees on Energy and Commerce, and Armed Services, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. PALLONE:
       H.R. 2318. A bill to amend the Outer Continental Shelf 
     Lands Act to permanently prohibit the conduct of offshore 
     drilling on the outer Continental Shelf in the Mid-Atlantic 
     and North Atlantic planning areas; to the Committee on 
     Resources.
           By Mr. SANDERS:
       H.R. 2319. A bill to amend the Food Stamp Act of 1977 to 
     limit the collection from households of claims for 
     nonfraudulent overissuance of food stamp benefits; to the 
     Committee on Agriculture.
           By Mr. TIERNEY (for himself, Mr. Serrano, Mr. Hinchey, 
             Mr. Frank, Mr. McNulty, Mr. Kildee, Mr. Hilliard, Mr. 
             Nadler, Mr. Murtha, Mr. Pallone, Ms. Brown of 
             Florida, Mr. DeFazio, Ms. Kaptur, Mr. Bonior, Ms. 
             Pelosi, Ms. Norton, Mr. Abercrombie, Mr. George 
             Miller of California, Mr. Sanders, Mr. Inslee, Ms. 
             Lee, Mrs. Mink of Hawaii, Mr. Evans, Mr. Rush, Mr. 
             McGovern, Mr. Stark, Mr. Filner, and Ms. Carson of 
             Indiana):
       H.R. 2320. A bill to amend the National Labor Relations Act 
     and the Railway Labor Act to prevent discrimination based on 
     participation in labor disputes; to the Committee on 
     Education and the Workforce, and in addition to the Committee 
     on Transportation and Infrastructure, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. TRAFICANT:
       H.R. 2321. A bill to require that the General Accounting 
     Office study and report on possible connections between the 
     recurring incidence of violence by postal employees and 
     workplace-related frustrations experienced by postal workers 
     generally; to the Committee on Government Reform.
           By Mr. WATTS of Oklahoma (for himself, Mr. Watkins, and 
             Mr. Lucas of Oklahoma):
       H.R. 2322. A bill to amend the Internal Revenue Code of 
     1986 to provide credits for individuals and businesses for 
     the installation of certain wind energy property; to the 
     Committee on Ways and Means.
           By Mr. WHITFIELD (for himself, Mr. Boucher, Mr. 
             Shimkus, Mr. Mollohan, Mrs. Capito, Mr. Costello, Mr. 
             Lewis of Kentucky, Mr. Phelps, Ms. Hart, Mr. 
             Strickland, Mr. Doyle, Mr. Tiberi, and Mr. Rogers of 
             Kentucky):
       H.R. 2323. A bill to authorize Department of Energy 
     programs to develop and implement an accelerated research and 
     development program for advanced clean coal technologies for 
     use in coal-based electricity generating facilities and to 
     amend the Internal Revenue Code of 1986 to provide financial 
     incentives to encourage new construction and the 
     retrofitting, repowering, or replacement of coal-based 
     electricity generating facilities to protect the environment 
     and improve efficiency and encourage the early commerical 
     application of advanced clean coal technologies, so as to 
     allow coal to help meet the growing need to the United States 
     for the generation of reliable and afforable electricity; to 
     the Committee on Ways and Means, and in addition to the 
     Committee on Science, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Ms. WOOLSEY (for herself, Mr. Hall of Texas, Ms. 
             Jackson-Lee of Texas, Mr. Lampson, Mr. Matheson, Mr. 
             Wu, Mr. Baca, Mr. Baird, Mr. Barcia, Mr. Etheridge, 
             Mr. Gordon, Mr. Hoeffel, Mr. Honda, Mr. Israel, Ms. 
             Eddie Bernice Johnson of Texas, Mr. Larson of 
             Connecticut, Ms. Lofgren, Mr. Moore, Ms. Rivers, Mr. 
             Udall of Colorado, and Mr. Weiner):
       H.R. 2324. A bill to establish a balanced energy program 
     for the United States that unlocks the potential of renewable 
     energy and energy efficiency, and for other purposes; to the 
     Committee on Science.
           By Mr. LANTOS (for himself, Mrs. Morella, Mr. Shays, 
             Mr. Wexler, Mr. McGovern, Ms. Lee, Mr. Sanders, Ms. 
             Baldwin, Mr. Allen, Mr. Engel, Mr. Abercrombie, Mr. 
             Delahunt, Mr. Wynn, Ms. Rivers, Mr. Weiner, Mr. 
             Crowley, Mr. McNulty, Mr. Gonzalez, Mr. Frank, Mr. 
             Lewis of Georgia, Mr. Pallone, Ms. Pelosi, Ms. 
             Schakowsky, Mr. Conyers, Mr. Jefferson, Mr. Stark, 
             and Ms. Woolsey):
       H. Con. Res. 173. Concurrent resolution expressing the 
     concern of Congress regarding human rights violations against 
     lesbians, gay men, bisexuals, and transgendered (LGBT) 
     individuals around the world; to the Committee on 
     International Relations.
           By Mr. UDALL of New Mexico (for himself, Mr. Largent, 
             Mr. Skeen, Mr. Hayworth, Mr. Faleomavaega, Mr. 
             Gephardt, Mr. Rohrabacher, Mr. Udall of Colorado, Mr. 
             Kennedy of Rhode Island, Mr. Cannon, Mr. George 
             Miller of California, Mr. Pallone, Mr. Rahall, Mr. 
             Watts of Oklahoma, Mr. Bonior, and Mr. Kildee):
       H. Con. Res. 174. Concurrent resolution authorizing the 
     Rotunda of the Capitol to be used on July 26, 2001, for a 
     ceremony to present Congressional Gold Medals to the original 
     29 Navajo Code Talkers; to the Committee on House 
     Administration.
           By Ms. PRYCE of Ohio:
       H. Res. 179. A resolution providing for consideration of 
     motions to suspend the rules.
           By Mr. SESSIONS:
       H. Res. 180. A resolution providing for consideration of 
     the bill (H.R. 2311) making appropriations for energy and 
     water development for the fiscal year ending September 30, 
     2002, and for other purposes.

                          ____________________



                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 7: Mr. Hall of Texas.
       H.R. 17: Mrs. Lowey.
       H.R. 24: Mr. Royce.
       H.R. 98: Mr. Houghton and Mr. Herger.
       H.R. 123: Mr. Ney and Mr. Wicker.
       H.R. 162: Mr. Meehan.
       H.R. 168: Mr. Leach.
       H.R. 175: Mr. Brady of Texas, Mr. Manzullo, Mr. Sessions, 
     Mr. Stearns. and Mr. Deal of Georgia.
       H.R. 179: Mr. McDermott.
       H.R. 218: Mr. Ose, Mr. McGovern, and Mr. Leach.
       H.R. 264: Mr. Baird.
       H.R. 265: Mr. Frank and Ms. Jackson-Lee of Texas.
       H.R. 267: Mrs. Bono and Ms. Berkley.
       H.R. 280: Mr. Ryun of Kansas.
       H.R. 293: Mr. Waxman.
       H.R. 294: Mr. Peterson of Pennsylvania.
       H.R. 324: Mr. Sununu and Mr. Kirk.
       H.R. 425: Mrs. Napolitano and Ms. Carson of Indiana.
       H.R. 448: Mr. Sam Johnson of Texas.
       H.R. 519: Mrs. Napolitano.
       H.R. 602: Mr. Miller of Florida, Mr. Souder.
       H.R. 612: Mr. Clyburn, Mr. Holt, and Mr. Tauzin.
       H.R. 631: Mr. Hostettler.
       H.R. 641: Ms. DeLauro.
       H.R. 656: Mr. Pence.
       H.R. 664: Mr. Hobson and Mr. Thompson of California.
       H.R. 690: Ms. Jackson-Lee of Texas.
       H.R. 717: Mr. Nadler, Mr. Deal of Georgia, Mr. Fossella, 
     Mr. Green of Texas, Mr. Norwood, Mr. Doyle, Mr. Akin, Mr. 
     Shadegg, Mr. Forbes, and Mr. Rush,
       H.R. 737: Mr. Clement.
       H.R. 739: Mr. LaFalce.
       H.R. 744: Mr. Pickering.
       H.R. 747: Mr. Wu.
       H.R. 760: Mr. Doolittle and Mr. Bonior.
       H.R. 774: Mr. Graham.
       H.R. 777: Mr. Graham.
       H.R. 778: Mr. Levin.
       H.R. 781: Mr. Markey and Mr. Fattah.
       H.R. 822: Mr. Hall of Ohio, Mr. Lewis of Georgia, Mr. 
     Ballenger, Mr. Whitfield, Mr. Jenkins, Mrs. Morella, Mr. 
     Dicks, Mr. Schaffer, Mr. Blunt, Mr. Gordon, Mr. Isakson, Mr. 
     Pastor, Mr. Phelps, Mr. Ryun of Kansas, and Mr. Peterson of 
     Minnesota.
       H.R. 836: Mr. Hastings of Washington.
       H.R. 840: Mr. Capuano, Mr. Filner, Mr. Frank, Mr. 
     LaTourette, Mr. Manzullo, and Mr. Watt of North Carolina.
       H.R. 887: Ms. Roybal-Allard.

[[Page 11988]]


       H.R. 978: Mr. Saxton and Mrs. Capito.
       H.R. 1010: Mrs. Emerson, Mr. LaTourette, Mr. Skelton, Mr. 
     Larsen of Washington, and Mr. Baird.
       H.R. 1032: Mr. Roemer and Ms. McKinney.
       H.R. 1034: Mr. Owens, Ms. Jackson-Lee of Texas, Mr. Ross, 
     Mr. Clement, Mrs. Mink of Hawaii, and Ms. Millender-McDonald.
       H.R. 1078: Mr. Horn.
       H.R. 1089: Mr. McNulty.
       H.R. 1110: Mr. Leach, Mr. Peterson of Pennsylvania, and Mr. 
     Barrett.
       H.R. 1136: Mr. Jenkins and Mr. Duncan.
       H.R. 1143: Mr. Sweeney and Mrs. Napolitano.
       H.R. 1170: Mr. Pastor.
       H.R. 1171: Mr. Gutknecht.
       H.R. 1186: Ms. Eshoo.
       H.R. 1198: Mr. Clay, Mr. Hinchey, Mrs. Morella, Mr. 
     Ferguson, Mr. Sessions, and Ms. Solis.
       H.R. 1212: Mrs. Northup.
       H.R. 1247: Mr. Coyne, Mr. Payne, and Mr. Langevin.
       H.R. 1256: Ms. Waters, Ms. Lofgren, Mr. Honda, Mr. Rangel, 
     Mr. Ford, and Mr. Watt of North Carolina.
       H.R. 1296: Ms. Brown of Florida, Mr. Larsen of Washington, 
     Mr. Maloney of Connecticut, Mr. Etheridge, Mr. Luther, Mr. 
     LoBiondo, Mr. Rehberg, Mr. Pastor, Mr. Price of North 
     Carolina, and Mrs. Capps.
       H.R. 1298: Mr. Ramstad.
       H.R. 1304: Mr. Gordon.
       H.R. 1305: Mr. Lampson.
       H.R. 1307: Mr. Towns, Mr. Deutsch, Mr. Frost, Mr. Holden, 
     Mr. Hall of Ohio, and Mr. Kleczka.
       H.R. 1341: Mr. Sessions, Mr. Shows, Mr. Callahan, and Mr. 
     Turner.
       H.R. 1353: Mr. Shadegg, Mr. McNulty, Mr. Johnson of 
     Illinois, Mr. Issa, Mr. Faleomavaega, Mr. Lucas of Kentucky, 
     Mr. Holden, and Mr. Jenkins.
       H.R. 1361: Mr. Gutierrez, Mr. Fossella, Mr. Pitts, and Mr. 
     Hastings of Washington.
       H.R. 1367: Ms. Carson of Indiana.
       H.R. 1383: Ms. Ros-Lehtinen, Mrs. Jo Ann Davis of Virginia, 
     Mr. Shadegg, Mr. Gordon, Mr. McDermott, Mr. Udall of 
     Colorado, Ms. Lee, Mrs. Tauscher, Mr. Abercrombie, Mrs. 
     Lowey, Mr. Cummings, and Mr. Hinchey.
       H.R. 1438: Mr. Herger.
       H.R. 1444: Mr. Goss.
       H.R. 1459: Mr. Cardin and Mr. Nussle.
       H.R. 1506: Mr. Oxley.
       H.R. 1544: Mr. Clyburn.
       H.R. 1556: Mr. Bonior, Mr. Israel, and Mr. Larsen of 
     Washington.
       H.R. 1581: Mr. Everett.
       H.R. 1587: Ms. Schakowsky and Mr. Meeks of New York.
       H.R. 1592: Mr. Goode.
       H.R. 1601: Mr. Shimkus.
       H.R. 1609: Mr. Weller and Mr. Isakson.
       H.R. 1644: Mr. Ryan of Wisconsin, Mr. Hutchinson, and Mr. 
     English.
       H.R. 1650: Mrs. McCarthy of New York and Ms. Waters.
       H.R. 1657: Mr. Keller.
       H.R. 1673: Mr. Tiahrt.
       H.R. 1675: Mr. Issa.
       H.R. 1682: Mr. Rangel, Ms. Lofgren, Ms. Norton, Mr. 
     Gutierrez, Mr. Engel, and Mr. Bonior.
       H.R. 1694: Mr. Deal of Georgia.
       H.R. 1711: Mr. Otter.
       H.R. 1717: Mr. Bonior.
       H.R. 1723: Mr. Gilman, Mr. Stupak, and Mr. George Miller of 
     California.
       H.R. 1746: Mrs. Northup, Ms. Waters, and Mr. McKeon.
       H.R. 1795: Ms. McCarthy of Missouri, Mr. Deutsch, and Mr. 
     Souder.
       H.R. 1798: Mr. King.
       H.R. 1811: Mr. Udall of New Mexico.
       H.R. 1862: Mr. Barrett, Mr. Deutsch, Mr. Rahall, and Ms. 
     Slaughter.
       H.R. 1873: Mr. Rangel and Mr. Watkins.
       H.R. 1930: Mr. Hilliard.
       H.R. 1943: Mr. Riley, Ms. Baldwin, and Mr. Clay.
       H.R. 1948: Mr. Weller.
       H.R. 1950: Mr. Stearns.
       H.R. 1956: Mr. Hilliard, Mr. Farr of California, Mr. Baird, 
     Mr. Dicks, and Mr. Shows.
       H.R. 1962: Mr. Wicker.
       H.R. 1975: Mr. Camp. Mr. Clyburn, Mr. Bishop, Mr. Spratt, 
     Mr. Burton of Indiana, and Mr. Otter.
       H.R. 1979: Mr. Holden, Mr. Pastor, and Mrs. Cubin.
       H.R. 1984: Mr. Ballenger and Mr. Buyer.
       H.R. 1988: Mr. Gillmor.
       H.R. 1990: Mr. Nadler.
       H.R. 1996: Mr. Toomey and Mr. Bonior.
       H.R. 2001: Ms. Hart and Mr. Thompson of California.
       H.R. 2059: Mr. Boswell, Mr. Stark, and Mr. Sandlin.
       H.R. 2063: Mr. Simmons, Ms. McKinney, Mr. Andrews, Mrs. 
     Davis of California, and Mr. Hoeffel.
       H.R. 2074: Mr. Cummings, Mr. Davis of Illinois, Mr. Meeks 
     of New York, Ms. Norton, Mr. Underwood, Mr. Wynn, Mr. Clay, 
     Ms. Brown of Florida, Mr. Rush, Mr. Owens, and Mr. Nadler.
       H.R. 2076: Mr. Rehberg.
       H.R. 2117: Mr. Leach and Mr. Gutierrez.
       H.R. 2123: Ms. Woolsey.
       H.R. 2125: Mr. Hoyer.
       H.R. 2128: Mr. Sanders and Mr. McHugh.
       H.R. 2133: Mr. Brady of Pennsylvania, Mr. Hilliard, Mrs. 
     Clayton, Mr. Fattah, Mrs. Meek of Florida, Mrs. Jones of 
     Ohio, Mr. Souder, and Mr. Davis of Illinois.
       H.R. 2134: Mr. Sawyer.
       H.R. 2160: Mr. Bonior and Mr. Platts.
       H.R. 2161: Mr. Bonior and Mr. Lampson.
       H.R. 2167: Ms. McKinney.
       H.R. 2175: Mr. Boehner, Mr. Gillmor, Mr. Spence, and Mr. 
     Bryant.
       H.R. 2176: Mr. Frost.
       H.R. 2177: Mr. Largent and Mr. Paul.
       H.R. 2181: Mr. Otter and Mr. Goode.
       H.R. 2184: Mr. Filner and Mr. Lantos.
       H.R. 2198: Ms. Waters.
       H.R. 2207: Mr. Frost.
       H.R. 2233: Mr. Kucinich, Mr. Sanders, and Ms. McKinney.
       H.R. 2240: Mr. Boyd, Mr. Miller of Florida, Mr. Bilirakis, 
     Mr. Goss, Mr. Mica, Mr. Stearns, Mr. Diaz-Balart, Mr. Foley, 
     Mr. Hastings of Florida, and Mr. Keller.
       H.R. 2243: Mr. Gutierrez and Mrs. Jones of Ohio.
       H.R. 2248: Mr. Peterson of Pennsylvania.
       H.R. 2249: Mr. Pence, Mr. LaTourette, Mr. Tiahrt, and Mr. 
     Davis of Illinois.
       H.R. 2250: Mr. DeMint and Mr. Stump.
       H.R. 2259: Mr. Cummings.
       H.R. 2269: Mr. Shaw, Mr. Paul, Mr. Crane, and Mr. Frost.
       H.R. 2277: Ms. Jackson-Lee of Texas.
       H.R. 2286: Mr. Frost and Mr. Baldacci.
       H.J. Res. 36: Mr. Forbes, Mr. Rodriguez, Mr. Gibbons, Ms. 
     Granger, and Mr. Coble.
       H.J. Res. 40: Mr. Sawyer.
       H. Con. Res. 20: Mr. Hastings of Florida and Ms. Carson of 
     Indiana.
       H. Con. Res. 25: Mr.  Burton of Indiana and Mr. Wamp.
       H. Con. Res. 30: Mr. Shays.
       H. Con. Res. 42: Mrs. McCarthy of New York and Mrs. Mink of 
     Hawaii.
       H. Con. Res. 61: Mr. Stark.
       H. Con. Res. 116: Mr. Royce.
       H. Con. Res. 168: Mr. Pitts, Mr. Ballenger, Mrs. Jo Ann 
     Davis of Virginia, Mr. McGovern, Mr.  Abercrombie, and Mr. 
     Menendez.
       H. Con. Res. 170: Mr. Culberson.
       H. Res. 72: Mr. Green of Texas and Mr. Lantos.
       H. Res. 75: Mrs. Emerson.
       H. Res. 172: Mr. Pastor and Mr. Hastert.

                          ____________________



        DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS

  Under clause 7 of rule XII, sponsors were deleted from public bills 
and resolutions as follows:

       H.R. 2149: Mr. Combest.

                          ____________________



                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2311

                        Offered By: Mr. Kucinich

       Amendment No. 2: In title III, in the item relating to 
     ``Weapons Activities'', after the aggregate dollar amount, 
     insert the following: ``(reduced by $122,500,000)''.
       In title III, in the item relating to ``Defense Nuclear 
     Nonproliferation'', after the aggregate dollar amount, insert 
     the following: ``(increased by $66,000,000)''.

                               H.R. 2311

                          Offered By Mr. Petri

       Amendment No. 3: In title I of the bill, strike section 
     103. Redesignate subsequent sections of title I, accordingly.

                               H.R. 2311

                        Offered By: Mr. Tancredo

       Amendment No. 4: In title I, strike section 105 (relating 
     to shore protection projects cost sharing).

                                 H.R. _

                 Agriculture Appropriations Bill, 2002

               Offered By: Mrs. Clayton of North Carolina

       Amendment No. 2: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. 738. The amounts otherwise provided by this Act are 
     revised by reducing the amount made available for 
     ``AGRICULTURAL PROGRAMS--Agriculture Buildings and Facilities 
     and Rental Payments'', by reducing the amount made available 
     for ``AGRICULTURAL PROGRAMS--Cooperative State Research, 
     Education, and Extension Service--research and education 
     activities'' (and the amount specified under such heading for 
     competitive research grants (7 U.S.C. 450i(b)), by reducing 
     the amount made available for ``AGRICULTURAL PROGRAMS--Farm 
     Service Agency--salaries and expenses'', and by increasing 
     the amount made available for ``AGRICULTURAL PROGRAMS--
     Cooperative State Research, Education, and Extension 
     Service--research and education activities'' (and the amount 
     specified under such heading for a program of capacity 
     building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to 
     receive funds under the Act of August 30, 1890 (7 U.S.C. 321-
     326 and 328), including Tuskegee University), by increasing 
     the amount made available for ``AGRICULTURAL PROGRAMS--
     Cooperative State Research, Education, and Extension 
     Service--research and education activities'' (and the

[[Page 11989]]

     amount specified under such heading for payments to the 1890 
     land-grant colleges, including Tuskegee University (7 U.S.C. 
     3222)), and by increasing the amount made available for 
     ``AGRICULTURAL PROGRAMS--Outreach for Socially Disadvantaged 
     Farmers'', by $5,521,000, $10,000,000, and $7,007,000, 
     respectively.

                                H.R. __

                 Agriculture Appropriations Bill, 2002

                       Offered By: Mr. Gutknecht

       Amendment No. 3: At the end of title VII, insert after the 
     last section (preceeding any short title) the following 
     section:
       Sec. 7__. None of the amounts made available in this Act 
     for the Food and Drug Administration may be used under 
     section 801 of the Federal Foods, Drug, and Cosmetic Act to 
     prevent an individual who is not in the business of importing 
     prescription drugs from importing a prescription drug that is 
     FDA-approved, is not a controlled substance, and is offered 
     for import from a country referred to in section 804(f) of 
     such Act.


             CONGRESSIONAL RECORD 

                United States
                 of America



June 26, 2001


[[Page 11990]]

                          EXTENSIONS OF REMARKS

                  HONORING GRANBY MAYOR DICK THOMPSON

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. McINNIS. Mr. Speaker, I stand before you today on behalf of 
Congress to pay tribute to a brave man, and a man who gave of himself 
to improve the lives of others. Mr. Speaker, the people of Colorado and 
of our nation lost an amazing man with the passing away of Granby Mayor 
Dick Thompson, but his heroic efforts will never be lost, because his 
actions and his character have helped shape his city and country in a 
positive way that can never be revoked.
  In 1949, Dick married his wife Thelma, and eventually became a 
fantastic father to five children, Larry, Ron, Brenda, Gary, and Linda. 
A fine businessman, Dick started Thompson Excavating, and later, when 
his sons decided to join him in his successful business, changed it to 
Thompson and Sons Excavating.
  Dick Thompson believed in self-reliance, freedom, and trust, and he 
took action to see these values implemented in his community, nation, 
and family. Dick learned firsthand the meaning of sacrifice at age 18 
when he served in the South Pacific during World War II on the U.S.S. 
Hazard. He never forgot how to serve for the sake of the many, as he 
gave over 20 years on the town board without a single regret. 
Eventually, Dick took his political leadership skills to another level 
when he was elected Mayor in April of 2000. He won the community over 
with his common sense and his obvious interest for the well being of 
others. Middle Park Fair and Rodeo, who honored him as Pioneer of the 
Year, quotes him as saying, ``We've always had a lot of good people in 
this country.* * * That's why I like to stay involved. I like the 
people.'' His positive energy shone through, and helped contribute to 
his success and to the success of Granby.
  It is without a doubt, Mr. Speaker, that Dick Thompson has earned our 
utmost respect and thanks for his exemplary service and honesty. Today, 
I ask you to join me in honoring one of Colorado's finest leaders.

                          ____________________



      IN HONOR OF THE CONSECRATION OF THE MONASTERY MARCHA CHURCH

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KUCINICH. Mr. Speaker, I rise today to honor The Consecration of 
The Monastery Marcha Church for the esteemed dedication by the abess, 
Igumanija Ana and two sisters, Sisters Anastasia and Angelina, for 
their remarkable service to God and the Holy Orthodox Church.
  Monastery Marcha in Richfield, Ohio is erected in remembrance of the 
original Monastery Marcha in Serbia, built in the 17th Century, which 
was destroyed during the war with Austria-Hungary. Even though it was 
rebuilt in 1924, it was destroyed once again in 1991. However, due to 
the devotion of the congregants, the Monastery Marcha in Richfield 
became what it is today, the first monastery established for the 
Serbian Orthodox nuns in the United States.
  The Monastery is presently located on a beautiful 82 acre tract of 
land, which was purchased in 1968 for the sole purpose of building a 
Diocesan center. The spiritual and uplifting environmental atmosphere 
invites all those lost souls in need of spiritual enrichment, prayer, 
service, moral support, and love. The Monastery graciously houses a 
residence and living accommodations for monastics, a heavenly Chapel, 
and future plans hope to include a vast area for a cemetery and a 
residence for senior citizens.
  Each week the Holy Services are conducted by an area Orthodox priest 
who graciously volunteers his priestly duties to the Monastery. The 
nuns derive income through the generous donations but find that the 
main source stems from producing vestments, making candles and selling 
religious articles. The nuns have hospitably provided many spiritual 
retreats at the Monastery and have become speakers and program 
presenters throughout Ohio, Pennsylvania, and New York.
  The nuns have taken an active part in service to the Monastery and it 
is well known that the doors of the Monastery are always open for all 
to enter.
  My fellow colleagues, please join me in honoring the Monastery Marcha 
Church for their many contributions to the diocese and wider religious 
community.

                          ____________________



GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS (GEAR 
                                  UP)

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. REYES. Mr. Speaker, the President's request for Gaining Early 
Awareness and Readiness for Undergraduate Programs (GEAR UP) is $277 
million for fiscal year 2002. Funding at this level puts the GEAR UP 
program in my district and many others at serious risk. We should do 
everything in our power to protect and augment programs like GEAR UP 
that have proven to be effective.
  As you know, GEAR UP is a nationwide program to encourage 
disadvantaged children to have high expectations, stay in school, study 
hard and make appropriate decisions that will lead them on the road to 
a college education. With high school dropout rates so high among 
Hispanics, programs like GEAR UP are critical. The program directs the 
Department of Education to offer competitive grants that will build 
partnerships while creating and expanding alliances between colleges 
and school districts which have at least 50 percent low-income 
students.
  Since its enactment, GEAR UP has provided a much needed service to 
nearly 1.2 million children. No other federal program holds more 
promise for middle school children in low-income schools and does more 
to institutionalize the necessary reforms that provide early college 
awareness than GEAR UP. The 73 new partnership grants and seven new 
state grants awarded last year brought the two-year total to 237 GEAR 
UP partnerships and 28 state programs. The second year competition, 
like that of the first year, was extremely competitive. However, due to 
funding limitations, only 28 percent of the partnership applications 
and 33 percent of the state grant applications could be awarded. There 
is truly a demand for more GEAR UP money.
  I believe it is critically important that we remain steadfast in our 
commitment to GEAR UP, which sends a message to students that a college 
education is indeed within their reach. I urge my colleagues to support 
$425 million for GEAR UP in the fiscal year 2002 Labor, HHS and 
Education Appropriations bill to allow GEAR UP schools to continue to 
operate their programs.

                          ____________________



            HONORING TEEN OUTREACH THROUGH TECHNOLOGY (TOTT)

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. RADANOVICH. Mr. Speaker, I rise today to honor Teen Outreach 
Through Technology (TOTT) for their exemplary service to their 
community. TOTT is a non-profit organization with an emphasis on youth 
delinquency prevention.
  In 1986, Faye Johnson undertook an independent study at Fresno City 
College to explore the use of telecommunications with at-risk or 
troubled teens. Her study showed very positive results and shortly 
thereafter, a formal program was put in operation, volunteers were 
recruited, and TOTT became a non-profit organization. TOTT's purpose is 
to reduce juvenile delinquency by redirecting negative energy into a 
positive outcome through computer technology. Through the use of a 
computer network, newsletter and trained volunteer programs, youth are 
involved in the process of educating the public to their needs, 
exploring

[[Page 11991]]

solutions to their problems, and improving their understanding of 
themselves and others.
  Mr. Speaker, I rise today to congratulate Teen Outreach Through 
Technology for their innovative use of technology to serve young people 
in the Fresno area. I urge my colleagues to join me in wishing TOTT 
many more years of continued success.

                          ____________________



                TRIBUTE TO CORPORAL KELLY STEPHEN KEITH

                                 ______
                                 

                         HON. JAMES E. CLYBURN

                           of south carolina

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CLYBURN. Mr. Speaker, I rise today to ask my colleagues to join 
me in paying tribute to Corporal Kelly Stephen Keith. Kelly Stephen 
Keith was born in 1978, the son of Donna Harter of Florence and Billy 
Keith of Cheraw, and stepson of Ronald Harter and Connie Keith. His 
siblings are Andy and Jay Keith of Cheraw and Dustin Brasington of 
Florence.
  Kelly Keith joined the Marine Corps on December 17, 1996 shortly 
after graduating from Cheraw High School where he had received the 
``Spirit of the Brave Award'' in his senior year. During his high 
school years, Kelly played in the marching band, was an avid fisherman 
and hunter, and enjoyed golf, music, and scuba diving. He was a Boy 
Scout for ten years, and a member of First Baptist Church of Cheraw.
  Over the course of his first three years in the Marines, Keith was 
promoted four times and received numerous awards for good conduct and 
advanced to the rank of Corporal. He was assigned to Naval Aircrew 
Training, and later joined the Osprey Unit team. Before joining the 
Osprey Unit, Kelly was with the Marine Squadron assigned to transport 
the U.S. President and his staff.
  Corporal Keith distinguished himself as the only Corporal, and the 
youngest officer, to be named crew chief on the Osprey test team. Keith 
was killed with eighteen other Marines on April 9, 2000 when their 
aircraft crashed in Arizona on a training exercise.
  The South Carolina General Assembly passed a resolution on March 6, 
2001 naming a portion of U.S. Highway 52 in honor of Corporal Keith. 
Corporal Kelly Stephen Keith was a man of integrity, honor, and 
respect. The service that he rendered for our nation was invaluable, 
and the memory of this soldier and great American should never die.
  Mr. Speaker, please join me and my fellow South Carolinians in 
honoring Corporal Kelly Stephen Keith.

                          ____________________



                       TRIBUTE TO JESSE GALLARDO

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. FARR of California. Mr. Speaker, I rise today to honor Jesse 
Gallardo as he recently celebrated the end of his tenure at Major Farms 
Inc. in Soledad, California. Mr. Gallardo retired on March 31, 2001 
bringing an end to sixty-four years of service to Major Farms Inc. and 
the entire Soledad community.
  After moving from Orange County to Soledad as a young boy, Mr. 
Gallardo grew up living on the property of Major Farms. When he was 
fourteen years old, he began working full time on the farm, which at 
that time was barely one year into operation. Until his retirement at 
the age of seventy-eight, Mr. Gallardo continued to work ten hour days, 
six days a week, and in distant years past, it was common practice 
during the spinach harvests for Mr. Gallardo to work seventeen hour 
days. After twenty-three years at Major, Mr. Gallardo moved into 
Soledad, yet continued to work at Major Farms while simultaneously 
raising six children.
  Mr. Gallardo's dedication and hard work was not exclusively held to 
Major Farms, rather his positive influence has infiltrated the entire 
city of Soledad. To honor Jesse Gallardo's dedication to the community 
of Soledad, the city of Soledad presented Mr. Gallardo with a plaque 
and even designated a baseball park in his honor. Every Fourth of July, 
Mr. Gallardo participates in a softball game at Jesse Gallardo Park.
  Mr. Speaker, the service of local members of the community are an 
asset to this nation, and I applaud Mr. Gallardo's contributions. The 
retirement of Mr. Gallardo signifies the end to a dedicated sixty-four 
years of service to Major Farms and the entire Soledad community. It is 
clear that Jesse Gallardo's dedication has made a lasting impact on his 
community, and I join the city of Soledad in honoring Mr. Gallardo.

                          ____________________



                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. STEVE ISRAEL

                              of new york

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. ISRAEL. Mr. Speaker, I was absent from votes on June 21, 2001 due 
to my daughter's graduation. I would have voted as follows:
  Roll call vote: 178 ``Yea''; 179, ``No'', 180, ``Yea'', 181, ``Yea'', 
182, ``Yea'', 183, ``Yea'', 184, ``No'', 185, ``Yea''.

                          ____________________



               IN MEMORY OF ROBERT M. McKINNEY: 1910-2001

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. UDALL of New Mexico. Mr. Speaker, I rise before the House of 
Representatives today to mark the passing of an important American, 
Robert Moody McKinney, editor and publisher of the Santa Fe New 
Mexican, the west's oldest newspaper.
  Over my years of serving the people of New Mexico, I came to know and 
respect Mr. McKinney. I saw embodied in him the principles of a 
dedicated public servant and many of the high standards that we expect 
from a newspaper editor and publisher. He was a man of great wit, 
humility, intelligence and integrity, and his many contributions to his 
country will never be forgotten.
  I join many in mourning the death of Robert M. McKinney and send my 
heartfelt condolences to his family. I am including for the Record a 
copy of his obituary, which details his extraordinary career.

             [From The Santa Fe New Mexican, June 25, 2001]

        Robert M. McKinney: 1910-2001, Paper's owner Dead at 90

       Robert Moody McKinney, editor and publisher of The Santa Fe 
     New Mexican, died of pneumonia Sunday night at New York 
     Hospital. He was 90. His daughter, Robin McKinney Martin of 
     Nambe, was with him. He was a diplomat, corporate director, 
     conservationist, veteran and poet.
       During a distinguished career, McKinney served as assistant 
     secretary of the U.S. Department of Interior, U.S. ambassador 
     to the International Atomic Energy Agency at Vienna, Austria, 
     and as U.S. ambassador to Switzerland.
       McKinney purchased The Santa Fe New Mexican in 1949 and was 
     its editor and publisher for 52 years. Due to health problems 
     from the high altitude of Santa Fe, McKinney sold the company 
     to Gannett Co. in 1976, retaining the right to continue as 
     editor and publisher.
       After a protracted and celebrated court battle, which he 
     won, McKinney resumed management of the newspaper in 1987 and 
     repurchased the property in 1989.
       Through his friendship with U.S. Sen. Clinton P. Anderson, 
     McKinney was instrumental in securing the San Juan Chama 
     water-diversion project. He also persuaded St. John's College 
     of Annapolis, Md., to open its western campus in Santa Fe.
       As publisher, he supported John Crosby's efforts to launch 
     The Santa Fe Opera and staged conferences in the early 1960s 
     on the advantages of managed municipal growth in Santa Fe.
       Born in Shattuck, Okla., Aug. 28,1910, McKinney grew up in 
     Amarillo, Texas, and graduated from Amarillo High School in 
     1928. As a teen-ager, he was a cub reporter for the Amarillo 
     Globe News.
       He received a bachelor's degree, graduating Phi Beta Kappa 
     from the University of Oklahoma in 1932 with a major in 
     literature.
       Upon graduation, he worked in New York City as an 
     investment analyst at Standard Statistics, now Standard and 
     Poor's. He served as a partner in his cousin Robert Young's 
     investment firm from 1934 to 1950 and became financially 
     successful by investing in bankrupt railroad stock at the 
     depth of the Depression.
       During World War II, McKinney, was,.a lieutenant junior 
     grade in the U.S. Navy. He helped develop and manufacture the 
     Tiny Tim rocket and participated in D-Day to observe how the 
     devices pierced the armor of German tanks.
       In 1943, he married Louise Trigg, the daughter of a 
     ranching family from eastern New Mexico.
       His career in government included appointments by five 
     presidents.
       President Harry S. Truman appointed him assistant secretary 
     of the Department of Interior in 1951. President Dwight D. 
     Eisenhower named him U.S. ambassador to the International 
     Atomic Energy Commission. He was editor and principal author 
     of a multivolume work on the peaceful uses of atomic energy.

[[Page 11992]]

       President John F. Kennedy appointed him U.S. ambassador to 
     Switzerland in 1961.
       Under Presidents Lyndon B. Johnson and Richard M. Nixon, he 
     held appointments in the U.S. Treasury Department. He was 
     awarded the Treasury Department's Distinguished Service 
     Medal.
       Because of Santa Fe's proximity to the National Atomic 
     Weapons Laboratory at Los Alamos, McKinney became interested 
     in peaceful uses of atomic energy, became an authority in 
     that field and published several books on the subject.
       McKinney served on the board of directors of several major 
     corporations, including the Rock Island Railroad, 
     International Telephone & Telegraph, Trans World Airlines and 
     Martin Marietta.
       He was a classical scholar, having mastered Latin at 
     Amarillo High School and Greek at the University of Oklahoma. 
     He was a published poet; his book Hymn to Wreckage was rated 
     by The New York Times as one of the 10 best poetry books 
     published in 1947.
       McKinney's hobby was landscape architecture. Farms he owned 
     in Nambe and Middleburg, Va., were testament to his design 
     skill.
       McKinney was divorced from Louise Trigg in 1970 and later 
     married Marielle de Montmollin, who died in 1998.
       He is survived by his daughter, Robin Martin and her 
     husband, Meade Martin; grandchildren Laura and Elliott of 
     Nambe; stepson Laurent de Montmollin of Florida; and 
     stepdaughter Edmee Firth of New York and her children, Marie 
     Louise Slocum and Olivia Slocum, both of New York, and John 
     Slocum of Newport, R.I.
       Funeral services are pending.

       

                          ____________________



      HONORING ELMER JOHNSON FOR HIS WORK WITH COLORADO LEADERSHIP

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. McINNIS. Mr. Speaker, I stand here today to honor and remember 
Elmer A. Johnson, who gave of himself throughout his life to serve his 
country and the citizens of Colorado. Elmer was a patriot, a giving 
man, and a man blessed with outstanding leadership and business skills.
  Elmer, a devoted husband and father, was married to Philomena Mancini 
for fifty years until her death. He gave his wife, his son, Robert, and 
his two granddaughters much to be proud of. His patriotism drove him to 
enlist in the Army Air Forces in 1941, where he eventually served as 
master sergeant in the China-Burmuda-India theater during World War II. 
He then began running his father-in-law's printing business and edited 
a weekly newspaper.
  Then, in 1958, he was elected for the first of three times to the 
Colorado House. He earned a distinguished reputation with those who 
knew and worked with him there, including former state Rep. Wayne Knox 
whom the The Denver Post quotes as saying, ``He was a very well-
respected, reasonable, moderate legislator'' and ``a nice guy, a very 
good guy.'' Elmer had the honor of chairing the House Finance Committee 
and served on the Joint Budget Committee as well as on the Legislative 
Council.
  His drive to serve didn't stop there, however. In 1963, he began 
working as a city official as manager of revenue and director of budget 
and management. He also served on the executive board of the Colorado 
Municipal League, and became its president in 1970. Incredibly, he also 
found time to serve on the executive board and as president of the 
Colorado Municipal League, become a board member of the Regional 
Transportation District, and become a member of the Sons of Norway. In 
addition, his leadership stretched to serving for a term as the 
international president of the Municipal Finance Officers of the United 
States and Canada.
  Mr. Speaker, Elmer Johnson was a distinguished veteran, a devoted 
father and husband, and a selfless leader. Today, I would like pay him 
tribute on behalf of Congress for his lifelong dedication to honest 
leadership and to the people of the United States.

                          ____________________



HONORING THE 60TH ANNIVERSARY OF THE UNIVERSITY OF TEXAS M.D. ANDERSON 
                             CANCER CENTER

                                 ______
                                 

                            HON. KEN BENTSEN

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. BENTSEN. Mr. Speaker, I rise today to honor the University of 
Texas M.D. Anderson Cancer Center on its 60th Anniversary on June 30, 
2001. Although I will not be present at this Ceremony, I would like to 
honor this distinguished institution which is one of the world's top 
tier of institutions devoted to the conquest of cancer.
  Throughout its history, M.D. Anderson Cancer Center has set the 
standard for excellence in cancer patient care, research, education and 
prevention. Named for its benefactor, Monroe Dunaway Anderson, the 
hospital was designated one of the first three comprehensive cancer 
centers in the United States by the National Cancer Act of 1971, and 
has continued to be the model of other centers seeking such 
recognition. In 2000, M.D. Anderson was ranked by U.S. News & World 
Report magazine as the nation's best cancer hospital.
  Since the first patient was registered in temporary quarters in 1944, 
nearly 500,000 people have been served at M.D. Anderson facilities in 
Houston, and patients everywhere have benefited from research-based 
discoveries made or inspired by the M.D. Anderson faculty and staff.
  More than 40,000 physicians, scientists, nurses and health care 
professionals have trained at M.D. Anderson, where education is fully 
integrated with superb research, compassionate patient care and far-
reaching cancer prevention programs.
  Today, M.D. Anderson's public education and community service 
initiatives help thousands of people reduce their risk of cancer and 
learn more about the disease.
  The outstanding basic, translational and clinical research conducted 
at M.D. Anderson has been supported in recent years with the highest 
number of grants awarded to any institution by the National Cancer 
Institute and the American Cancer Society.
  Translational research that applies new laboratory findings to 
improve patient treatments as quickly as possible has flourished under 
the leadership of Dr. John Mendelsohn, a distinguished clinical 
scientist who became M. D. Anderson's President in 1996. Dr. Mendelsohn 
has recruited a visionary management team and established bold new 
priorities for M. D. Anderson in the 21st century.
  Dr. John Mendelsohn is the third president of the institution. Dr. R. 
Lee Clark was named the first full-time director and surgeon-in-chief 
in 1946, two years after the first patient was admitted. Dr. Clark was 
succeeded by Dr. Charles A. LeMaistre, who was instrumental in 
recruiting many leading physicians and surgeons. Dr. Mendelsohn took 
over in 1996 after Dr. LeMaistre's retirement.
  Since celebrating its 50th anniversary a decade ago, the major 
research accomplishments made by M.D. Anderson scientists and 
physicians include: The first successful correction of a defective p53 
tumor suppressor gene in human lung cancer has led to pioneering gene 
therapy for lung, head and neck, prostate, bladder and several other 
forms of cancer; Identification of the defective PTEN gene is providing 
new ways to target therapy for a usually fatal form of brain cancer and 
other malignant tumors; Expanded landmark chemoprevention studies 
showing that drugs can prevent first or second primary cancers in 
individuals at high risk--and also reverse some pre-malignant lesions; 
Designed a rapid laboratory method to pinpoint gene abnormalities in 
chromosomes, thereby improving diagnosis and treatment monitoring of 
many diseases, including cancer; Developed a gene expression technique 
to predict which cancers will escape primary sites and spread to other 
organs of the body; Identified genetic variants of components for a 
common brain chemical, dopamine, that are associated with nicotine 
addiction; Reported the first separation of human malignant cells from 
normal blood cells with a technique that allows studying the intrinsic 
electrical properties of cells; Documented a molecular link between 
cigarettes and lung cancer from studies showing a carcinogen in tobacco 
smoke binds to key mutagenic sites in the p53 gene.
  Over the years, M.D. Anderson has conducted extensive clinical trials 
that have led to more effective anti-cancer drugs and biologic 
compounds, less-invasive surgical procedures and more precise radiation 
techniques. Many standard cancer therapies now available around the 
world were originally evaluated, wholly or in part, through such 
clinical research studies at M.D. Anderson.
  Research discoveries and inventions by M.D. Anderson faculty and 
staff have been responsible for important technology development 
partnerships with industry. Fifteen company have been created as 
spinoffs from M.D. Anderson research projects.
  While research advances at M.D. Anderson over the past 60 years have 
helped turn the tide against cancer, the current outlook for better 
methods to diagnose, treat and, ultimately, prevent cancer is even more 
optimistic because of emerging knowledge about the

[[Page 11993]]

molecular defects responsible for the disease. Last month, we learned 
that a clinical trial at M.D. Anderson was part of the landmark study 
which discovered a new treatment for a rare form of leukemia. This new 
drug therapy actually works to reduce the replication of cancer cells 
so that patients can recover. I am proud that much of this initial work 
was done by M.D. Anderson clinicians and their staffs.
  Mr. Speaker, today I recognize with profound gratitude all of the 
accomplishments made at The University of Texas M.D. Anderson Cancer 
Center. And, I warmly congratulate the dedicated faculty, staff, 
volunteers and supporters on the occasion of this remarkable 
institution's 60th anniversary.

                          ____________________



                      IN TRIBUTE TO ALFRED RASCON

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. GALLEGLY. Mr. Speaker, I rise for the second time in two years to 
pay tribute to Alfred Rascon, who was recently confirmed as the 10th 
director of the Selective Service System.
  Alfred is a remarkable man. Born in Mexico, he moved to Oxnard, 
California, in my district, with his family when he was a small child. 
His family raised him there and instilled in him the values of honor, 
integrity, a love of his adopted land and a reverence for life and his 
fellow human beings.
  At age 17, he left Oxnard and joined the Army. He trained to be a 
medic and a paratrooper. On March 16, 1966, in the jungles of Vietnam, 
Alfred was severely and repeatedly wounded as he crawled from comrade 
to comrade to render aid, to protect his comrades and to retrieve 
weapons and ammunition needed in the firefight they were in.
  By the time Alfred was loaded into a helicopter, he was near death. A 
chaplain gave him last rites. He survived. Because of his efforts, so 
did his sergeant and at least one other in his platoon.
  But the Medal of Honor Alfred was due was lost in red tape, until two 
years ago, when the record was corrected.
  He returned to civilian life, became a naturalized citizen and 
rejoined the Army. After another tour of duty in Vietnam and achieving 
the rank of lieutenant, Alfred again became a civilian. But he 
continued to serve his country, with posts in the Department of 
Justice, where he served with the Immigration and Naturalization 
Service, the Drug Enforcement Administration and INTERPOL. Prior to his 
appointment as director of the Selective Service System, he served for 
five years as its Inspector General.
  He is married to the former Carol Lee Richardson. They have two 
children.
  Mr. Speaker, Alfred Rascon is a humble man who achieved greatness by 
quietly and unselfishly doing what he believed was right. He is the 
right man to head up the Selective Service System. I know my colleagues 
will join me in congratulating Alfred on his selection and give him our 
full support in achieving the goals of his new position.

                          ____________________



A SPECIAL TRIBUTE TO ALVIN JACKSON, MD, A ROBERT WOOD JOHNSON COMMUNITY 
                             HEALTH LEADER

                                 ______
                                 

                          HON. PAUL E. GILLMOR

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. GILLMOR. Mr. Speaker, it is with great pride that I rise today to 
recognize Dr. Alvin Jackson of Fremont, Ohio. The Robert Wood Johnson 
Foundation has chosen Dr. Jackson as a 2001 Robert Wood Johnson 
Community Health Leader.
  The Robert Wood Johnson Foundation's mission is to enrich the health 
and healthcare of all Americans. Their efforts promote healthier 
lifestyles, improved health care, and better access to health care. The 
Foundation seeks to ensure that all Americans have access to basic 
health care at reasonable cost and to improve care and support for 
people with chronic health conditions. The Foundation promotes health 
and prevent disease by reducing the harm caused by substance abuse--
tobacco, alcohol, and illicit drugs.
  Each year, the Community Health Leadership Program honors ten 
outstanding individuals who have found innovative ways to bring health 
care to communities whose needs have been ignored or unmet. As one of 
the ten recipients of this recognition, Dr. Jackson and his program 
have been awarded a grant of $100,000.
  Dr. Jackson has been honored for his tireless efforts in providing 
health care to migrant workers in numerous Ohio counties. As Medical 
Director of the Community Health Services, Dr. Jackson travels by 
mobile clinic to reach the 8,500 migrant farm workers and their 
families. Dr. Jackson, the son of a migrant worker himself, takes the 
clinic from camp to camp providing medical care to those who would 
otherwise go without.
  Mr. Speaker, Dr. Alvin Jackson is an example for us all. He has 
recognized a problem in his community and has worked to solve it. I ask 
my colleagues in joining me in applauding Dr. Jackson for his efforts 
and selfless dedication to the care and well being of migrant workers 
and their families.

                          ____________________



                      IN HONOR OF MS. SUSAN CULVER

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KUCINICH. Mr. Speaker, I rise today to honor and recognize a fine 
individual and exceptional teacher, Ms. Susan Culver of Olmsted Falls 
Middle School, for her outstanding dedication to the education of young 
students.
  Ms. Culver has spent the past few months organizing and planning a 
project for her seventh grade classes at Olmsted Falls Middle School. 
Because of her time and dedication to enriching her students, Ms. 
Culver has received a grant that will enable her to analyze and 
research pollution in the Olmsted Falls community. Over the past few 
years, air and water pollution have become important issues in Olmsted 
Falls, and Ms. Culver has taken it upon herself to analyze this 
problem. With the help of 140 seventh-graders, Ms. Culver will test pH 
levels in local ponds, analyze animal specimens, research the food web, 
and so much more. This program will give students an opportunity to 
experience their community in a hands-on environment.
  This program materialized only through hours of hard-work, planning 
and researching. Because of her efforts, Ms. Culver's program has been 
chosen to receive a G.I.F.T., Growth Initiatives for Teachers grant. 
With this grant, Ms. Culver is offering students a wonderful leaming 
experience that will broaden their educational horizons. Ms. Culver is 
also planning on taking courses at Cleveland State University about 
computers and will attend numerous conferences of the Environmental 
Education Council of Ohio.
  Ms. Culver holds a bachelors degree in middle school math/science and 
is working toward a masters degree in instructional technology. In 
1998, she began her teaching career as a tutor at Olmsted Falls Middle 
School and joined the full-time faculty in 1999. She teaches science in 
the classroom, but her influence extends much beyond simple biology and 
chemistry. Ms. Culver is giving students information that is not only 
pertinent to where they live, but that will be relevant for their 
entire lifetime.
  Mr. Speaker, please join me in honoring a young teacher that is 
touching the lives of hundreds of students, Ms. Susan Culver. She has 
given her time and dedication to Olmsted Falls Middle School, and has 
earned the respect of students, faculty, and the entire Olmsted Falls 
community.

                          ____________________



                         READING IS FUNDAMENTAL

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. REYES. Mr. Speaker, as our First Lady Laura Bush said in April of 
this year ``Early reading isn't just good medicine, it's an important 
part of a child's daily activities. Children benefit greatly from 
reading activities starting at a very young age.'' Mr. Speaker, our 
First Lady is absolutely right!
  Unfortunately, in the 2002 budget, President Bush cut all federal 
funding for a 35-year-old nationwide reading program. The program which 
is know as Reading is Fundamental (RIF) is supported through the U.S. 
Department of Education's Inexpensive Book Distribution Program (IBDP). 
RIF provides free, new books and family literacy services to 18,000 
school and community sites with the vital help of more than 310,000 
local volunteers.
  RIF has a proven record and should not be destroyed or altered. For 
35 years, it has given free paperback books to poor children in all 50 
states, the District of Columbia, and U.S. offshore territories. If the 
federal government gives states reading grants, as President Bush 
wants, there is no guarantee that this

[[Page 11994]]

kind of program, which is badly needed, will continue.
  My district of El Paso, Texas is an impoverished area of our country. 
Programs like Reading is Fundamental may not make much of a difference 
in more affluent areas, but they certainly do in El Paso. For some 
kids, a free book is the only access to reading that they have.
  RIF programs operate in schools, libraries, community centers, child-
care centers, Head Start and Even Start centers, hospitals, migrant 
worker camps, homeless shelters, and detention centers. Today, thanks 
to public-private partnerships, RIF is the nation's largest child and 
family literacy organization. RIF has placed more than 200 million 
books in the hands and homes of America's children.
  Now, President Bush has proposed a five-year plan to improve young 
children's reading ability by cutting all funding for IBDP and 
consolidating the funding into state-level reading grants. This is 
simply not the answer. The answer is RIF.
  I respectfully request that the Administration restore the RIF 
program in the 2002 budget. The RIF program is an example of a program 
that is working and making a real difference in the lives of countless 
children across the country. It would be a travesty to destroy it.

                          ____________________



              HONORING HIS HOLINESS KAREKIN II NERSISSIAN

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. RADANOVICH. Mr. Speaker, I rise today to honor His Holiness 
Karekin II Nersissian, the Supreme Patriarch and Catholicos of All 
Armenians. Karekin II traveled to the United States last month and 
visited Armenian churches, schools and a retirement home in Fresno, 
California and surrounding communities.
  Karekin II was born in the village of Voskehat, in 1951, in the 
Etchmiadzin Region of Armenia. He entered the Theological Seminary of 
the Mother See of Holy Etchmiadzin in 1965 and graduated in 1971. In 
1970 he was ordained a Deacon, and in 1972 he was ordained a Celibate 
Priest. Karekin II then left for Germany to serve as a pastor, while 
continuing his theological education at the University of Bonn.
  In 1979, Karekin II returned to the Mother See of Holy Etchmiadzin, 
and thereafter, left for Russia to study at the Theological Academy of 
the Russian Orthodox. In 1980, he was appointed Assistant to the Vicar 
General of the Araratian Pontifical Diocese. In 1983, he was appointed 
to Vicar General of the Araratian Pontifical Diocese. Karekin II was 
ordained a Bishop in October of 1983 and was granted the title 
Archbishop in November of 1992. In 1998, Karekin II was appointed to 
the Vicar General of the Catholicos.
  On Wednesday, October 27, 1999, Karekin II was elected as the 132nd 
Supreme Patriarch and Catholicos of All Armenians. Since his ascension 
to the head of the Armenian Church, Karekin II has actively rejuvenated 
the Theological Seminary. He has been instrumental in the construction 
of new churches and the building of St. Gregory the Illuminator Mother 
Cathedral in Yervan, Armenia. Many new priests have been ordained and 
assigned to churches in Armenia and Diaspora under the leadership of 
Catholicos Karekin II.
  Mr. Speaker, I urge my colleagues to join me in honoring His Holiness 
Karekin II Nersissian for his spiritual leadership to all Armenians.

                          ____________________



                        TRIBUTE TO PAUL BEAZLEY

                                 ______
                                 

                         HON. JAMES E. CLYBURN

                           of south carolina

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a dear 
friend, a former colleague, and fellow South Carolinian, Paul W. 
Beazley. On July 16th, Paul will retire from South Carolina State 
government. It is a retirement well deserved and he will be sorely 
missed.
  Before coming to this august body, I served as Human Affairs 
Commissioner for the State of South Carolina. I was fortunate to have 
Paul among my support staff. Paul joined the State Human Affairs 
Commission in January of 1973. Upon my arrival in October 1974, I named 
him Director of the Technical Services Division where he served for 
five years before becoming Deputy Commissioner.
  During my nearly 18-year tenure at the Commission, Paul was an 
invaluable colleague, and became an expert on the issues of equal 
opportunity and diversity, particularly in the workplace. He 
supplemented his vast experience in this area with several published 
works including: Think Affirmative; The Blueprint, which became the 
leading affirmative action planning manual in the 1970's and 1980's. He 
recently wrote, The South Carolina Human Affairs Commission: A History, 
1972-1977; and Who Gives a Hoot at the EEOC?, a public policy case 
study.
  An active member in his community both professionally and personally, 
Paul currently serves on the Board of Directors of the Midlands Marine 
Institute, and is president of the Alumni Association of South Carolina 
State Government's Executive Institute. Paul is also chairman of the 
State Appeals Board for the United States Selective Service System.
  In addition, Paul is a member of various professional associations, 
and works as a volunteer for many non-profit organizations. He is also 
a member of the Eau Claire Rotary Club of Columbia, and has served as 
President and Secretary of the National Institute for Employment 
Equity, and as Chairman of the Greater Columbia Community Relations 
Council. He has also served on the Board of Directors of the Family 
Services Center of Columbia, the Board of Visitors of Columbia College, 
the Board of Directors of Leadership South Carolina and numerous task 
forces at the state and local level.
  Prior to joining the Commission in 1973, Paul was a Presbyterian 
Minister. He served as a pastor, a Conference center Director, and an 
Educational Consultant. He has also worked as a Consultant for the 
University of South Carolina General Assistance Center, teaching in the 
field of test taking and problem-solving. He designed an experimental 
school and directed an experimental reading program for the Columbia 
Urban League.
  Paul received his Bachelor of Arts degree from East Tennessee State 
University, his Master of Divinity from Union Theological Seminary in 
Virginia, and a Masters of Education from the University of South 
Carolina, where he also completed Doctoral studies. Paul is also a 
graduate of the South Carolina Executive Institute (1992), and 
Leadership South Carolina (1987).
  Paul, a longtime resident of my current hometown, Columbia, South 
Carolina, is married to the former Marcia Rushworth. They have one son, 
Paul Derrick Beazley, who lives in Charleston. Paul is a competitive 
tennis player, and we share yet another common interest and pastime, 
golf.
  Mr. Speaker, I ask you to join me in saluting one of our nation's 
authorities on diversity, one of my State's most highly respected 
professionals, one of my Community's finest citizens, and one of my 
good friends, Paul W. Beazley, upon his retirement. Please join me in 
wishing him good luck and Godspeed.

                          ____________________



                     IN TRIBUTE TO STEPHEN WALPOLE

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. FARR of California. Mr. Speaker, I rise this evening to join with 
my friend and colleague, Congressman Mike Honda of the 15th District of 
California, in honoring a dedicated public servant. Stephen Walpole, 
Chief of Police for the Scotts Valley Police Department, will be 
retiring on July 6, 2001, bringing an end to 30 years of service to his 
community.
  Chief Walpole is a constituent of Congressman Honda, since part of 
Santa Cruz County is in his congressional district. However, Chief 
Walpole and I came to know each other well during my years serving in 
the California Assembly. His work on behalf of the residents of Scotts 
Valley is an amazing reminder of the importance of public service in 
our nation. When Chief Walpole's career began as a reserve officer in 
1970 with the Scotts Valley Police Department his potential was quickly 
realized. He was promoted to Sergeant in 1974, Lieutenant in 1979, and 
Chief of Police in 1986. Besides his focus on the community of Scotts 
Valley, Chief Walpole has also served in several County and State-wide 
positions, bringing his experience and leadership to others in law 
enforcement and government.
  Chief Walpole has also been the recipient of many awards and 
recognitions, including the Exchange Club Officer of the Year in 1973 
and 1983; the Meritorious Service Award from the Scotts Valley City 
Council in 1989 for his efforts during the 1989 Loma Prieta earthquake 
which devastated many parts of Santa Cruz County; and was named as the 
Scotts Valley Chamber of Commerce Man of the Year in 1989.

[[Page 11995]]

  Mr. Speaker, when he retires on July 6, 2001, Chief Walpole will be 
leaving behind a three-decade legacy of excellence and professionalism. 
It has been a pleasure for myself and Congressman Honda to work with 
him and other members of the Scotts Valley community, and it is an 
honor to be able to pay tribute to him here. We wish him well in his 
upcoming retirement, but we know that he will always remain an active 
member of the community.

                          ____________________



                         HONORING JORDAN HENNER

                                 ______
                                 

                           HON. STEVE ISRAEL

                              of new york

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. ISRAEL. Mr. Speaker, it is with great pride that I rise today to 
recognize one of New York's outstanding young students, Jordan Henner. 
This young man has received the Eagle Scout honor from his peers in 
recognition of their achievements.
  Since the beginning of this century, the Boy Scouts of America have 
provided thousands of boys and young men each year with the opportunity 
to make friends, explore new ideas, and develop leadership skills while 
learning self-reliance and teamwork.
  The Eagle Scout award is presented only to those who possess the 
qualities that make our nation great: commitment to excellence, hard 
work, and genuine love of community service. Becoming an Eagle Scout is 
an extraordinary award with which only the finest Boy Scouts are 
honored. To earn the award--the highest advancement rank in Scouting--a 
Boy Scout must demonstrate proficiency in the rigorous areas of 
leadership, service, and outdoor skills; they must earn a minimum of 23 
merit badges as well as contribute at least 100 man-hours toward a 
community oriented service project.
  I ask my colleagues to join me in congratulating the recipients of 
these awards, as their activities are indeed worthy of praise. Their 
leadership benefits our community and they serve as role models for 
their peers.
  Also, we must not forget the unsung heroes, who continue to devote a 
large part of their lives to make all this possible. Therefore, I 
salute the families, scout leaders, and countless others who have given 
generously of their time and energy in support of scouting.
  It is with great pride that I recognize the achievements of Jordan 
and bring the attention of Congress to this successful young man on his 
day of recognition. Congratulations to you and your family.

                          ____________________



 JIM ROPER, INDUCTEE TO THE NEW MEXICO-BROADCASTING ASSOCIATION'S HALL 
                                OF FAME

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. UDALL of New Mexico. Mr. Speaker, I rise to honor one of the 
outstanding citizens of the northeast corner of my home state of New 
Mexico--Jim Roper, who was recently inducted into the New Mexico 
Broadcasting Association's Hall of Fame. As a pioneer with more than 50 
years in the industry, he is eminently deserving of this prestigious 
honor.
  Mr. Roper is the chief executive officer of Raton Broadcasting and 
head of KRTN-AM and FM. These stations bring music and important news 
to the citizens of Colfax, Union, and Harding Counties as well as 
southeastern Colorado. In northeastern New Mexico, I cannot emphasize 
how important the medium of radio is as a critical news source. Mr. 
Roper and his team have served its citizens well.
  Jim's career began in 1948, while still in high school. And it all 
started because the station's general manager had laryngitis. Jim and 
his family lived in the now abandoned town of Brilliant, not far from 
Raton, where radio was one of the only sources of entertainment. During 
a high school basketball game, Stan Brown, then the general manager of 
KRTN, had lost his voice and could not broadcast the game report. Jim 
said, ``I don't know, but I'll try.'' One thing led to another, and 
soon he was spinning records at the station. In less than two decades, 
he was the station's owner.
  Jim has seen vast changes in the radio broadcasting business since he 
began. Tape recorders replaced wire recorders, compact discs replaced 
records and satellites replaced disc jockeys. However, at KRTN on-site 
folks still operate the station, and despite lucrative offers to 
purchase the small station, Roper has refused to sell.
  Jim has always been committed to providing quality service to the 
listeners of KRTN and capturing the essence of rural New Mexico. His 
dedication and commitment have made him an important part of the 
community. Jim has served as the city commissioner, the president of 
the Raton Chamber of Commerce, as a member of the city parks and 
recreation board and as the president for the Raton water board.
  There have been two constants that have run throughout Jim's life: 
the radio station and his loving family. He is a proud husband and 
father, whose family has kept him focused and grounded.
  Mr. Speaker, Jim Roper is a champion of his community and is 
completely deserving of being named as one of the first inductees into 
the New Mexico Broadcasting Association's Hall of Fame. I urge my 
colleagues to join me in saluting Jim Roper for his vast 
accomplishments.

                          ____________________



            HONORING MAYOR JOHNNY ISBELL OF PASADENA, TEXAS

                                 ______
                                 

                            HON. KEN BENTSEN

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. BENTSEN. Mr. Speaker, I rise today to recognize Mayor Johnny 
Isbell of Pasadena, Texas. On June 30, 2001, Mayor Isbell will conclude 
his third four-year term as mayor of the city.
  Mayor Isbell is a dedicated public servant, whose career began on the 
Pasadena City Council in 1969. He served on the Council until 1978 and 
returned from 1989-1993. He served his first term as the city's mayor 
in 1981 and returned to the post in 1993.
  Mayor Isbell was born in San Antonio, Texas in 1938, and has lived in 
Pasadena for more than 55 years. He was educated at the University of 
Houston. He and his wife Jeanie are the proud parents of Leesa, Johnny 
Jr., and Kenny Isbell. In addition to his public service, Johnny serves 
as the President of Apache Oil Company and Chief Executive Officer of 
Texas Transeastern, a fuels trucking business. He is also the President 
of Isbell Equipment Company and Isbell Interest.
  As Mayor, Johnny Isbell sought to enhance the image of Pasadena as a 
community of neighbors. He opened the doors of City Hall to all of the 
town's residents and welcomed all concerns. With an eye on the future, 
Mayor Isbell brought his administration online, providing constituent 
services via the worldwide web. During the last six years of his 
administration, crime rates have dropped by 30 percent and property 
taxes have been reduced to some of the lowest levels in the Harris 
County Metropolitan area.
  A businessman by trade, Mayor Isbell placed a strong emphasis on the 
importance of bolstering local enterprise, and putting the satisfaction 
of his constituents at the forefront. For more than thirty years Johnny 
has brought his competence, dedication and lofty principle to the 
public purpose. Under Johnny Isbell's leadership as mayor, Pasadena has 
vaulted boldly into the 21st Century as a model American city. His 
compassion and generosity has enlivened the spirit of Pasadena. I 
commend Johnny Isbell for his outstanding service to our community, and 
wish him continued happiness as he returns to his private life with his 
wife Jeanie and children; Leesa, Johnny Jr., and Kenny.

                          ____________________



                        IN HONOR OF TANYA PARISI

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KUCINICH. Mr. Speaker, I rise today to honor and recognize a fine 
individual and exceptional teacher, Ms. Tanya Parisi of Olmsted Falls 
Middle School, for her outstanding dedication to the education of young 
students.
  Ms. Parisi is one of two teachers that have organized a program that 
will enrich students and address concerns pertinent to the Olmsted 
Falls community. Within the past few years, pollution has become a 
growing concern for the small suburb of Olmsted Falls, and Ms. Parisi 
has taken it upon herself to analyze this problem. With the help of 140 
seventh-graders, Ms. Parisi will be researching water and air 
pollution, studying water samples, researching the food web, 
identifying living specimens, and so much more. Throughout this entire 
project, students will maintain a computer portfolio of their research 
and publish their results online.
  This program materialized only through the tireless efforts of Ms. 
Parisi. Her love and

[[Page 11996]]

dedication to enriching the lives of her students has earned her the 
very prestigious G.I.F.T., Growth Initiatives for Teachers grant. Ms. 
Parisi also will be taking courses in computers and technology at 
Cleveland State University and attending conferences of the 
Environmental Education Council of Ohio.
  Ms. Parisi holds a bachelors degree in education and is now pursuing 
a dual masters degree in science and technology. She began teaching in 
1996 and has been with Olmsted Falls Middle School since 1999. She 
teaches math in the classroom, but her influence extends much beyond 
numbers and calculations. Ms. Parisi is giving students information 
that is not only pertinent to where they live, but that will be 
relevant for their entire lifetime.
  Mr. Speaker, please join me in honoring a young teacher that is 
touching the lives of hundreds of students, Ms. Tanya Parisi. She has 
given her time and dedication to Olmsted Falls Middle School, and has 
earned the respect of students, faculty, and the entire Olmsted Falls 
community.

                          ____________________



ENCOURAGING MEMBERS OF CONGRESS AND THEIR STAFFS TO HAVE SCREENINGS FOR 
                            PROSTATE CANCER

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. REYES. Mr. Speaker, as we begin to celebrate Men's Health Week, 
the week leading up to Father's Day, I rise today to applaud the 
efforts of my colleagues to bring attention to many issues surrounding 
men's health.
  I would like to encourage my colleagues and members of their staffs 
to have screenings for prostate cancer. Except for lung cancer, 
prostate cancer is the greatest cause of cancer deaths among American 
men. At highest risk are African-Americans and those with a family 
history of prostate cancer. One in five men will develop prostate 
cancer in his lifetime and the American Cancer Society estimates that 
over 32,000 men will die from the disease this year, a mortality rate 
approaching that of breast cancer in women. It is recommended that men 
at high risk begin annual prostate cancer screenings at age 40, and 
that all other men begin at age 50.
  As one of my former colleagues and good friend, Bill Richardson once 
said, ``Recognizing and preventing men's health problems is not just a 
man's issue. Because of its impact on wives, mothers, daughters and 
sisters, men's health is truly a family issue.'' We owe it to our 
families to have our prostrate screenings. A tiny bit of discomfort is 
worth saving your life and sparing your families from the pain of an 
untimely death.

                          ____________________



                       RECOGNIZING JOHN G. TAYLOR

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. RADANOVICH. Mr. Speaker, I rise today to recognize John G. Taylor 
for being selected as the Person of the Year 2000 for his 
accomplishments in the area of religious journalism. The Muslim Public 
Affairs Council-Fresno will present the award to Taylor on Saturday, 
April 28, 2001 at their annual awards dinner.
  John G. Taylor is a first-generation American. He was born in 
Brooklyn, New York in 1950. He worked as a reporter for a weekly 
newspaper and as a correspondent for the New York Times while he earned 
a degree in journalism at New York University. After college, he worked 
as a desk editor at newspapers in Hartford and New London, Connecticut.
  In 1981, John and his family relocated to Fresno, where he began a 
20-year career working with the community paper, the Fresno Bee. Most 
recently, John's reporting focused on issues of religious significance 
to the Fresno community, including Pope John Paul II's World Youth Day 
gathering in Denver and the ``Stand in the Gap'' million-man Christian 
march in Washington, D.C. He eagerly pursued stories about people and 
matters of faith for the Fresno Bee until January of this year. John 
accepted a position as a senior communications specialist/senior writer 
with Community Medical Centers. John and his wife Judy have six 
children and seven grandchildren.
  I urge my colleagues to join me in praising Mr. Taylor's literary 
contribution to the city of Fresno and in wishing him continued success 
in the future.

                          ____________________



                       TRIBUTE TO SAMETTA TAYLOR

                                 ______
                                 

                         HON. JAMES E. CLYBURN

                           of south carolina

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CLYBURN. Mr. Speaker, I rise today to ask my colleagues to join 
me in paying tribute to Sametta Alicia Taylor. Ms. Taylor recently 
qualified as a National Finalist in the 2001 Pre-Teen America 
Scholarship and Recognition Program to be held on July 3 in Baton 
Rouge, Louisiana. Sametta is the 12-year-old daughter of Sammie and 
Michelle B. Taylor of Moncks Comer, South Carolina. She will represent 
our state in the speech category as South Carolina's Miss Pre-Teen.
  She participated in the South Carolina Pre-Teen Scholarship and 
Recognition Program held September 2-4, 2000 in Greenville, South 
Carolina. Young ladies, ages seven to twelve, were invited who have 
been recognized publicly for their outstanding personal achievements, 
volunteer services, school involvement, leadership abilities, and 
creative talents. State finalists were judged on similar categories 
including communicative ability, general knowledge, onstage expression, 
and acknowledgment of accomplishments.
  Local participants were selected primarily from public announcements 
of achievements, by teachers, guidance counselors, and recommendations 
from past participants. Over 120 South Carolinians participated in the 
event.
  Sametta received a $1,000 educational bond, $100 educational bond for 
winning the speech competition, and 4 trophies for the highest 
scholastic average of all the participants.
  Sametta has a 10-year-old brother, Sammie Taylor, III. She is the 
granddaughter of Joseph and Emily J. Brown of Moncks Comer, and Sammie 
Taylor, Sr. and Josephine Sanders of Rembert, South Carolina. Her 
godparents are Carl and Altrise Weldon of Bowie, Maryland. Mr. Speaker, 
please join me and my fellow South Carolinians in honoring Sametta 
Taylor for her outstanding achievements.

                          ____________________



                    IN HONOR OF JOSEPH J. GARRY, JR.

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KUCINICH. Mr. Speaker, I rise today in honor of Joseph J. Garry, 
Jr. on his remarkable accomplishment of instilling joy and laughter 
through theater arts in Cleveland for over 34 years.
  Joe Garry, who performs side by side with David Frazier, was just 
honored by the award-winning actress Patricia Neal with the Signstage 
Theater's annual Spotlight award, which recognizes individuals for 
their contributions to the arts and culture in Cleveland.
  Gary and Frazier, well-known in the local and national entertainment 
circles, were instrumental in the success of many long-running 
productions. They are best known to Cleveland audiences for their 
landmark musical ``Jacques Brel is Alive and Well and Living in Paris'' 
which ran for two and a half years, and by supporting the restoration 
of the Playhouse State complex in Cleveland.
  Garry, director and former professor and head of the Theater 
Department at Cleveland State University has written, directed, and 
produced plays, musicals, and operas. Together with his partner, they 
have actively produced 15 musicals. They have received many prestigious 
awards, including being inducted into The Cleveland Play House Hall of 
Fame for their many years as actors in repertory there, and for 
performing both nationally and internationally.
  Recently, they have performed on the Cunard liners, QE2, Caronia and 
Seabourn Sea. There they sail the world first class and perform on the 
bill with many theater legends, while hosting a group of Cleveland 
friends and including them in the performances.
  Joseph Garry has proved to help cultivate not only the Cleveland arts 
community, but locations throughout the world via his musical 
theatrical abilities and inspiration. I ask my colleagues to rise in 
recognizing this great man, Joseph J. Garry, Jr. for his remarkable 
contributions to the theater arts.




                          ____________________


[[Page 11997]]

        IN HONOR OF THE 226TH BIRTHDAY OF THE UNITED STATES ARMY

                                 ______
                                 

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. REYES. Mr. Speaker, on Thursday, June 14th, we celebrated the 
226th birthday of the United States Army. The Army's proud tradition, 
which dates back to 1775, has always stood tall, both in times of 
peace, and times of conflict which placed American men and women in 
harm's way. For more than two centuries, the soldiers of the Army have 
been poised and ready to answer the call of duty to defend this great 
nation. The military is a noble profession and those who have served 
have demonstrated their patriotism and selflessness. The Army has 
always been relevant and remains relevant today. With the 
Transformation of the Army to a leaner, lighter, and more lethal force, 
the Army will continue to be relevant in the future. As we forge into 
the future, let us reflect on the great legacy the Army has given this 
nation, through the great men and women who were and are proud to be 
Americans.

                          ____________________



     EXTENDING APPRECIATION TO THE MEMBERS OF THE SUBCOMMITTEE ON 
                       AGRICULTURE APPROPRIATIONS

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. RADANOVICH. Mr. Speaker, I wish to extend my appreciation to our 
fine chairman, the ranking member, and all of the members of the 
Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies for their good work on the 
agriculture spending bill and the accompanying report that passed the 
full committee on June 13th. In particular, I am thankful that the 
Subcommittee has recognized the important contributions made by the 
Valley Children's Hospital located in California's Central Valley.
  Valley Children's Hospital (VCH) is the only freestanding children's 
hospital in a rural area in the United States. VCH serves the 10-
county, 60,000 square mile region between Los Angeles and the San 
Francisco Bay, and it functions as a ``safety-net'' health care 
provider to all children of Central California. The facility provides 
services regardless of an individual's race, religion or ability to 
pay, with over 70 percent of its patients on MediCal.
  As you can imagine, VCH faces many challenges to its ability to 
provide health care. These challenges include inadequate 
transportation, shortages of health professionals, high poverty and 
unemployment, and the fact that there are 93 different spoken languages 
and dialects in the region. Each of the 10 counties that VCH serves is 
federally designated as medically underserved.
  In light of budget realities, we must continue to carefully define 
our appropriations priorities. I appreciate the Subcommittee's 
recognition that Valley Children's Hospital is a meritorious 
organization with projects that deserve special consideration.

                          ____________________



                          PERSONAL EXPLANATION

                                 ______
                                 

                        HON. HAROLD E. FORD, JR.

                              of tennessee

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. FORD. Mr. Speaker, due to a commitment in my Congressional 
District, I was absent on Monday, June 25th for three recorded votes. 
Had I been present, I would have voted ``aye'' on rollcall votes, No. 
186, H.Res 160, No. 187, H. Res. 99, and rollcall vote No. 188, H. Con. 
Res. 161.

                          ____________________



                        HONORING CHARLOTTE KEYS

                                 ______
                                 

                           HON. RONNIE SHOWS

                             of mississippi

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. SHOWS. Mr. Speaker, I rise today to congratulate Charlotte Keys, 
who was recently honored as a 2001 Robert Wood Johnson Community Health 
Leader. Ms. Keys is one of only 10 individuals from around the country 
to receive this distinguished award, which includes a $100,000 grant to 
help further her work.
  Ms. Keys is the founder of an organization called Jesus People 
Against Pollution, located in Columbia, Mississippi, which works to 
mobilize the community to improve health and environmental justice. Her 
early efforts focused on those in the community who suffered severe 
health problems as a result of a major explosion at a chemical plant in 
Columbia in 1977. She mobilized the community and advocated for them.
  As a result of her activism, she was asked to leave her job and she 
endured threats on her life. Undaunted by this experience, and moved by 
the extensive health needs of her neighbors, many of whom were children 
or senior citizens, Ms. Keys formed Jesus People Against Pollution, or 
JPAP, in 1992. She created JPAP to help educate the community about 
environmental health threats and to advocate for cleanup and 
redevelopment.
  Today, JPAP offers training and advocacy programs and has co-hosted a 
regional summit on environmental justice with participation by both the 
state and federal governments. In addition, Ms. Keys has become a 
trusted leader, and the community looks to her as a resource for 
assistance in other social issues, such as housing, food stamps and 
disability benefits.
  One of her nominators described Ms. Keys as a ``long distance runner 
who possesses a profound commitment to the cause of justice.'' It is my 
hope that she continues to run this race for justice. It is clear that 
she has covered quite a distance, but the road still stretches out 
ahead.
  Mr. Speaker, it is a privilege today to honor Charlotte Keys for this 
well deserved leadership award. I am confident that it will help to 
strengthen and sustain her important work.

                          ____________________



                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. COBLE. Mr. Speaker, on Monday, June 25, I missed rollcall votes 
186-188. Had I been present on this date, I would have voted ``aye'' on 
rollcall Nos. 186, 187, and 188. On this date, I had committed to 
participating in an event in my congressional district prior to the 
scheduling of votes.

                          ____________________



                  REGARDING FAIR LAWN MAYOR DAVID GANZ

                                 ______
                                 

                         HON. STEVEN R. ROTHMAN

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. ROTHMAN. Mr. Speaker, I rise today as the U.S. Mint is poised to 
issue the 14th in a series of State Quarters that started in 1999 and 
which will continue through at least the year 2008.
  On June 4, 2001, I read an interesting article in the The Record, the 
largest newspaper in my Congressional District, about the origins of 
the state quarter, which came about because of the legislative vision 
of my colleague from Delaware, Representative Michael Castle and the 
tenacity of the Mayor of my hometown, the Borough of Fair Lawn, David 
Ganz.
  Mayor Ganz is not a stranger to the congressional legislative 
process. In 1973, while still a student at Georgetown University here 
in Washington, he was admitted to the Periodical Press Gallery of the 
United States Senate as a Special Correspondent for Numismatic News 
Weekly, a hobby publication based in Wisconsin. He went on to become a 
member of the Board of Governors of the American Numismatic 
Association, a Congressionally-chartered group sometimes referred to as 
the National Coin Club. In 1993, U.S. Treasury Secretary Lloyd Bentsen, 
named him among the first six members of the newly-created Citizens 
Commemorative Coin Advisory Committee.
  Both as President of the American Numismatic Association, and as a 
columnist for various coin collecting hobby publications, David had 
long advocated for a return to commemorative coinage [for which there 
had been a hiatus from 1954 until 1981], but also for truly circulating 
commemorative coins. He testified before the House & Senate Banking 
Committees on numerous occasions in the quarter century following his 
first appearance in March of 1974.
  Mr. Speaker, bureaucracy is often afraid of change for no reason 
beyond the fact that it is not familiar, not predictable, or not safe. 
Mayor Ganz had a vision that circulating commemorative coinage would be 
good for our nation's coin collectors, good for our nation's coffers, 
and ultimately, educational to all

[[Page 11998]]

Americans. From the time that he joined the Citizens Commemorative Coin 
Advisory Committee in 1993 until he departed in January of 1996, he 
began a drum beat for what eventually became the American's State 
Quarters Program. That singular drum beat, initially opposed by the 
U.S. Mint and certain federal bureaucrats, eventually became an 
orchestra playing the same tune--and as a result of the efforts of my 
colleague from Delaware, Representative Castle, and others, the state 
quarter program was born.
  Mayor Ganz recently wrote a book entitled The Official Guide to 
America's State Quarters, published by Random House, as a mass-market 
paperback which tells the compelling story of initially being a voice 
in the wilderness, and later finding that if defeat is an orphan, 
victory has a thousand fathers.
  The story about Mayor Ganz which appeared in the June 4, 2001, 
edition of The Record is a fascinating and interesting one, and I ask 
that it be reprinted in the Congressional Record.
  Mr. Speaker, The Record editorial about Mayor Ganz that was printed 
on June 5, 2001, says that one man can make a difference, and he 
certainly has. I am proud to call this man my Mayor, and proud to have 
him as a friend. I ask that this editorial be reprinted in the 
Congressional Record as well.

                          A great two-bit idea

       It would be an exaggeration to say that David Ganz's 
     achievement reflects the power of one man to change history.
       But it would not be overstated to say that Fair Lawn's 
     mayor has brightened everyone's life a little--not to mention 
     the not inconsequential achievement of adding roughly $5 
     billion a year to the nation's Treasury.
       Mr. Ganz, a 49-year-old lawyer and lifelong numismatist, 
     was the engine behind all those fascinating, new quarters 
     we've been finding in our pockets over the last two years--
     the ones celebrating the nation's 50 states. The 
     commemorative coins have been issued at the rate of five a 
     year since 1999, and the U.S. Mint will continue issuing new 
     coins through 2008, when there will be one for each state.
       The achievement has added a little adventure to the 
     otherwise unremarkable task of handling change, and it has 
     regenerated interest in coin collecting. By setting the 
     Mint's presses into overtime in production of five times more 
     quarters than usual to meet demand, the new coins have added 
     $5 billion a year to the Treasury's coffers. Each quarter 
     costs 3 cents to produce, leaving 22 cents as profit for the 
     Mint.
       Mr. Ganz's idea wasn't unusual. A lot of people have over 
     the years recommended that the Mint spice up the nation's 
     stodgy coin and currency by putting commemorative issues into 
     general circulation. But the bureaucrats resisted, content to 
     issue the occasional limited-production commemorative that 
     only collectors would buy and save.
       Mr. Ganz's prominence, energy, and perseverance as a member 
     of former Treasury Secretary Lloyd Bentsen's Citizens 
     Commemorative Coin Advisory Committee dismantled those 
     bureaucratic hurdles. By doing so, the Fair Lawn mayor has 
     added this sort of color to our lives: Trips to change makers 
     at the laundromat now have possibilities of becoming 
     serendipitous encounters with pieces of history instead of 
     hurried chores to feed the dryer.

     

                          ____________________



                  JA ELEMENTARY VOLUNTEER OF THE YEAR

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KENNEDY of Rhode Island. Mr. Speaker, I rise to speak today about 
a distinguished member of my district who is being honored by an 
organization which has had an immeasurable impact on America. Jeannine 
Howard, a retired Bell Atlantic Pioneer from Rumford, Rhode Island, is 
Junior Achievement's National Elementary School Classroom Volunteer of 
the Year. She has volunteered for Junior Achievement for four years and 
taught 25 classes in that time. Ms. Howard always goes above and beyond 
her classroom duties, as she works to gradually increase the amount of 
programs Junior Achievement offers in Rhode Island. She even serves as 
the volunteer for those new programs herself, always with great 
enthusiasm and energy.
  The history of Junior Achievement is a true testament to the 
indelible human spirit and American ingenuity. Junior Achievement was 
founded in 1919 by Horace Moses, Theodore Vail, and Senator Murray 
Crane of Massachusetts, as a collection of small, after-school business 
clubs for students in Springfield, Massachusetts.
  As the rural-to-city exodus of the populace accelerated in the early 
1900s, so too did the demand for workforce preparation and 
entrepreneurship. Junior Achievement students were taught how to think 
and plan for a business, acquire supplies and talent, build their own 
products, advertise, and sell. With the financial support of companies 
and individuals, Junior Achievement recruited numerous sponsoring 
agencies such as the New England Rotarians, Boy Scouts, Girl Scouts, 
Boys & Girls Clubs, the YMCA, local churches, playground associations 
and schools to provide meeting places for its growing ranks of 
interested students.
  In a few short years JA students were competing in regional 
expositions and trade fairs and rubbing elbows with top business 
leaders. In 1925, President Calvin Coolidge hosted a reception on the 
White House lawn to kick off a national fundraising drive for Junior 
Achievement's expansion. By the late 1920's, there were nearly 800 JA 
Clubs with some 9,000 Achievers in 13 cities in Massachusetts, New 
York, Rhode Island, and Connecticut.
  During World War II, enterprising students in JA business clubs used 
their ingenuity to find new and different products for the war effort. 
In Chicago, JA students won a contract to manufacture 10,000 pants 
hangers for the U.S. Army. In Pittsburgh, JA students developed made a 
specially lined box to carry off incendiary devices, which was approved 
by the Civil Defense and sold locally. Elsewhere, JA students made baby 
incubators and used acetylene torches in abandoned locomotive yards to 
obtain badly needed scrap iron.
  In the 1940s, leading executives of the day such as S. Bayard 
Colgate, James Cash Penney, Joseph Sprang of Gillette and others helped 
the organization grow rapidly. Stories of Junior Achievement's 
accomplishments and of its students soon appeared in national magazines 
of the day such as TIME, Young America, Colliers, LIFE, the Ladies Home 
Journal and Liberty.
  In the 1950s, Junior Achievement began working more closely with 
schools and saw its growth increase five-fold. In 1955, President 
Eisenhower declared the week of January 30 to February 5 as ``National 
Junior Achievement Week.'' At this point, Junior Achievement was 
operating in 139 cities and in most of the 50 states. During its first 
45 years of existence, Junior Achievement enjoyed an average annual 
growth rate of 45 percent.
  To further connect students to influential figures in business, 
economics, and history, Junior Achievement started the Junior 
Achievement National Business Hall of Fame in 1975 to recognize 
outstanding leaders. Each year, a number of business leaders are 
recognized for their contribution to the business industry and for 
their dedication to the Junior Achievement experience. Today, there are 
200 laureates from a variety of businesses and industries that grace 
the Hall of Fame.
  By 1982, Junior Achievement's formal curricula offering had expanded 
to Applied Economics (now called JA Economics), Project Business, and 
Business Basics. In 1988, more than one million students per year were 
estimated to take part in Junior Achievement programs. In the early 
1990s, a sequential curriculum for grades K-6 was launched, catapulting 
the organization into the classrooms of another one million elementary 
school students.
  Today, through the efforts of more than 100,000 volunteers in the 
classrooms of America, Junior Achievement reaches more than four 
million students in grades K-12 per year. JA International takes the 
free enterprise message of hope and opportunity even further . . . to 
more than 1.5 million students in 111 countries. Junior Achievement has 
been an influential part of many of today's successful entrepreneurs 
and business leaders. Junior Achievement's success is truly the story 
of America--the fact that one idea can influence and benefit many 
lives.
  Mr. Speaker, I wish to extend my heartfelt congratulations to 
Jeannine Howard of Rumford for her outstanding service to Junior 
Achievement and the students of Rhode Island. I am proud to have her as 
a constituent and congratulate her on her accomplishment.

                          ____________________



                   TRIBUTE TO DOROTHY STEVENS ENOMOTO

                                 ______
                                 

                         HON. ROBERT T. MATSUI

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. MATSUI. Mr. Speaker, I rise in tribute to Dorothy Stevens 
Enomoto, the first African American woman to manage a California 
Department of Corrections institution. Mrs. Enomoto, one of 
Sacramento's most notable citizens, will receive an honorary Doctor of 
Humane Letters degree from California State University, Sacramento on 
May 25th, 2001. As her friends and family gather to celebrate Mrs. 
Enomoto's outstanding achievement, I ask all

[[Page 11999]]

of my colleagues to join with me in saluting this truly remarkable 
citizen of Sacramento.
  Born in Atlanta, Georgia, Mrs. Enomoto graduated from Booker T. 
Washington Senior High School, where she shared valedictorian honors 
with the late Dr. Martin Luther King, Jr. Mrs. Enomoto attended Clarke 
College, now Clarke Atlanta University, where she attained Senior 
status before she was forced to withdraw for family and economic 
reasons.
  In hopes of securing a better future for herself and her children, 
Mrs. Enomoto moved to California. In time, Mrs. Enomoto obtained a 
Correctional Officer's position with the California Department of 
Corrections, where she rose through the ranks and became a trailblazing 
pioneer. During her tenure at the California Department of Corrections, 
Mrs. Enomoto became the first African American woman to manage a 
California Department of Corrections institution, the Women's Civil 
Addict Unit at the California Rehabilitation Center. In addition, Mrs. 
Enomoto was also the first African American woman to hold the position 
of Deputy Director in the Department.
  Following her retirement, Mrs. Enomoto has remained active and 
dedicated to making Sacramento a better place for all. Mrs. Enomoto is 
currently a Commissioner on the Sacramento City and County Human 
Rights/Fair Housing Commission, having served as Chair in 1997. In 
addition, Mrs. Enomoto is also co-chair of the Greater Sacramento Area 
Hate Crimes Task Force. Mrs. Enomoto's considerable expertise on the 
issue of hate crime prevention prompted her appointment by President 
Clinton to a national hate crime conference.
  Widely touted as one of Sacramento's most cherished and prominent 
citizens, Mrs. Enomoto has been recognized with numerous awards over 
the years. Some of these include the United Negro College Fund 
Frederick V. Patterson ``Outstanding Individual of the Year'' award in 
1994 and her induction into the African American Criminal Justice 
``Hall of Fame'' in 1994. In addition, she is the recipient of the 
``Bridgebuilder'' award from the Jewish Community Relations Council in 
1997 and the 1994 Sacramento YWCA ``Outstanding Woman of the Year'' 
award.
  Mr. Speaker, as Mrs. Dorothy Enomoto's friends and family gather for 
the commencement exercises, I am honored to pay tribute to one of 
Sacramento's most honorable citizens. Her successes are unparalleled, 
and it is a great honor for me to have the opportunity to pay tribute 
to her contributions to the city of Sacramento. I ask all of my 
colleagues to join with me in wishing Mrs. Enomoto continued success in 
all her future endeavors.

                          ____________________



                         HONORING JOHN S. KOZA

                                 ______
                                 

                          HON. JAMES A. LEACH

                                of iowa

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. LEACH. Mr. Speaker, I rise today to introduce my colleagues to 
John S. Koza of Iowa City, Iowa, Junior Achievement's National Middle 
School Volunteer of the Year.
  Over the past 12 years, John has taught 38 classes in basic business 
methods as a Junior Achievement instructor. His open, honest and caring 
teaching style creates a fun, relaxed environment in which students 
both learn the skills needed to be successful entrepreneurs and are 
imbued through John's example with the importance of giving back to 
your community.
  John's work in the Junior Achievement exemplifies the history of 
program as a quintessential American success story.
  As the exodus from farm to city accelerated in this country at the 
beginning of the 20th century, so did the need to prepare young people 
for the demands of a changing workplace. Junior Achievement was founded 
in Massachusetts in 1919 as a collection of small, after school 
business clubs to help meet that need, with students learning how to 
create business plans, to set up appropriate accounting procedures, and 
to learn basic manufacturing, advertising and marketing techniques.
  In 1925, President Calvin Coolidge hosted a White House reception to 
kickoff a national fundraising drive for Junior Achievement, and by the 
late 1920's there were nearly 800 JA Clubs with 9,000 participants in 
13 cities throughout New England.
  During World War II, enterprising students in JA business clubs 
applied their ingenuity to aid the war effort. In Chicago, JA students 
won a contract to manufacture 10,000 pants hangers for the Army; in 
Pittsburgh, JA students developed a specially lined box to dispose of 
incendiary devices which was approved by Civil Defense and sold 
locally; elsewhere, they organized drives to obtain badly needed scrap 
metal.
  The 1950's saw Junior Achievement increase five-fold, with President 
Eisenhower declaring the week of January 30 to February 5, 1955, 
``National Junior Achievement Week.'' By then, Junior Achievement was 
operating in 139 cities in most of the 50 states. By 1982, JA's formal 
curricula had expanded to Applied Economics, Project Business and 
Business Basics; by 1988, more than one million students were 
participating in its programs.
  Today, through the efforts of more than 10,000 volunteers like John 
Koza in the classrooms of America, Junior Achievements reaches over 4 
million students in grades K to 12 annually. JA International takes the 
free enterprise message of hope and opportunity to more than 1.5 
million students in 111 countries.
  Mr. Speaker, I congratulate John Koza of Iowa City for his 
outstanding service to Junior Achievement and the young people of Iowa. 
He is a wonderful example for us all.

                          ____________________



                      TRIBUTE TO LOLA QUESENBERRY

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. ANDREWS. Mr. Speaker, I rise today to honor Lola Quesenberry as 
she celebrates 19 years of service with the USDA Natural Resources 
Conservation Service (NRCS) through the Earth Team volunteer program. 
Lola has logged over 18,000 hours of service since she began 
volunteering in Blythe, California where she worked with the Palo Verde 
Resource Conservation District.
  While in California, Lola assisted with the development of an 
intensive agricultural irrigation water management program. Her primary 
role was to operate a Campbell Pacific Nuclear neutron probe, which is 
an accurate method of monitoring soil moisture, at over 200 sites. Lola 
also assisted with the evaluation of over 50 irrigation systems, 
helping the farmers to optimize their water use and thereby conserve 
our precious water resources. She was also involved with the 
development of the McCoy Wash PL566 Small Watershed project--a project 
that is currently under construction.
  Upon moving to New Jersey in 1987 to help care for her invalid 
mother-in-law, Lola continued her Earth Team involvement by 
volunteering for the South Jersey Resource Conservation, and 
Development Council. Lola's major responsibility is assisting with the 
development of the Resource Information Serving Everyone (R.I.S.E.) 
program. This fully functional program includes operation of eighteen 
Campbell Scientific weather stations located in seven southern New 
Jersey counties and four Campbell Scientific water quality stations. 
R.I.S.E. features a comprehensive Internet web site to disseminate 
irrigation scheduling to farmers, homeowners, and facilities managers, 
while also providing environmental education to interested 
organizations and schoolchildren.
  Lola actively participates in numerous watershed projects in New 
Jersey. She attends meetings and provides a unique perspective to the 
NRCS-led Millstone watershed project, the proposed Repaupo Creek 
watershed project, and the Delaware Valley Regional Planning 
Commission's two projects--Crosswicks WMA20 and the Lower Delaware 
Tributaries WMA 18.
  Lola has volunteered time to assist the Bear Creek Conservancy/
Stewardship Association with the creation and maintenance of a fresh 
water marsh for waterfowl habitat. She also volunteers to the South 
Jersey Chapter of Quail Unlimited to help create upland wildlife 
habitat.
  For over 19 years, Lola Quesenberry's volunteer spirit, together with 
the synergy gained from working with other Earth Team members and 
resource conservation professionals, has helped to conserve resources 
and improve the environment in California and New Jersey.

                          ____________________



                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. JAMES H. MALONEY

                             of connecticut

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. MALONEY of Connecticut. Mr. Speaker, due to business in my 
district, on Monday, June 25, 2001, I missed rollcall votes Nos. 186, 
187, and 188. Had I been present, I would have voted ``Aye'' on 
rollcall No. 186, ``Aye'' on rollcall No. 187, and ``Aye`` on rollcall 
No. 188.




                          ____________________


[[Page 12000]]

                      IN HONOR OF DAVID O. FRAZIER

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. KUCINICH. Mr. Speaker, I rise today in honor of David O. Frazier, 
on his incredible accomplishments in the arts and contributions to 
theater in Cleveland.
  Frazier began his musical profession the old-fashioned way by 
performing in a recital for his piano teacher. Little did he know that 
this was the starting point of an amazing career that would span more 
than five decades and take him around the world. Fate eventually led 
him to Cleveland where his professional career took off with his 
performance at the Cleveland Playhouse, America's oldest resident 
professional theater. His dedicated work kept him busy at the Playhouse 
for 34 years during which he performed in over 150 productions.
  When Cleveland's Playhouse Square was threatened with demolition, 
Frazier took a leave of absence from his career to aid in rescuing it. 
He appeared in the record breaking production of ``Jacques Brel is 
Alive and Well and Living in Paris'', which became the longest running 
show. The production saved Playhouse Square. Now 27 years later, 
Playhouse Square has become the second largest performing arts center 
in America.
  Together with his partner and collaborator Joe Garry, they have 
accomplished many awestruck performances. Recently, they have performed 
on the Cunard liners, QE2, Caronia and Seaboun Sea, There they sail the 
world first class and perform on the bill with many theater legends, 
while hosting a group of Cleveland friends and including them in the 
performances.
  Frazier, being privileged to perform one man concerts at private 
functions for diverse people like Pulitzer Prize Playwright John 
Patrick, has produced plays, musicals, and operas. Together with his 
partner, they have actively produced 15 musicals. They have received 
many prestigious awards, including being inducted into The Cleveland 
Play House Hall of Fame for their many years as actor in repertory 
there, and for performing both nationally and internationally.
  Mr. Speaker, I ask all members of the House of Representatives to 
join with me in recognizing David O. Frazier, a man who exemplifies the 
best that Cleveland's stages have to offer.

                          ____________________



             CONGRATULATIONS TO THE HONORABLE JOE KELLEJIAN

                                 ______
                                 

                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CUNNINGHAM. Mr. Speaker, I rise today to commend the Honorable 
Joe Kellejian, a member of the Solana Beach City Council, who recently 
received a President's Service and Safety Award from Amtrak. Councilman 
Kellejian was recognized as a State Partner, which means that he has 
been a leader in promoting the growth and expansion of passenger rail 
service at a regional and state level. Joe has been a constituent and 
personal friend to me for many years, and it is an honor to see him 
recognized for his contributions to rail service in California.
  Promotion and expansion of mass transportation is an important part 
of the continued growth of the economy in southern California, and 
Councilman Kellejian has been a champion of this effort. As Chairman of 
the North County Transit Development Board, he played a key role in the 
development of the Coaster, a successful commuter service for southern 
California that is run by Amtrak and owned by the North County Transit 
District. Councilman Kellejian also serves as a member of the San Diego 
Association of Governments, and chaired the High-Speed Rail Task Force 
sub- committee, which provides recommendations for the 20-year Regional 
Transportation Plan for San Diego County.
  As a member of these organizations and as an individual advocate for 
the enhancement of the passenger rail service in southern California, 
Councilman Kellejian has raised millions of dollars for the funding of 
various rail projects. Recently, Joe and I were successful in obtaining 
a $1 million appropriation for the Solana Beach Intermodal Transit 
Station Structure. This money is to be used to initiate a funding 
package for parking expansion and other improvements at the Solana 
Beach station, in order to help increase the use of the San Diego 
Coaster.
  Since much of southern California and especially San Diego County are 
such large, sprawling areas, finding efficient public transportation 
methods proves to be a challenge. Thanks to the efforts of citizens 
like Councilman Kellejian, above-ground commuter rail service has 
flourished in recent years, providing, for less congested roads, 
cleaner air, a healthier environment and an overall better quality of 
life. I hope that everyone in the city of Solana Beach as well as the 
51st District will join me in congratulating Joe for his achievements 
in improving rail service in San Diego County.

                          ____________________



HOUSE COMMITTEE ON THE BUDGET HEARING ON ECONOMIC AND BUDGETARY EFFECTS 
                       OF NATIONAL ENERGY POLICY

                                 ______
                                 

                          HON. ANDER CRENSHAW

                               of florida

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CRENSHAW. Mr. Speaker, last week, the House Budget Committee held 
an informative hearing on the economic and budgetary effects of our 
nation's energy policy. Energy has always been a necessary ingredient--
either directly or indirectly--to all our goods and services. 
Particularly as our economy becomes more and more dependent on 
technology, energy is increasingly the crucial ingredient.
  As if to punctuate this point, the Energy Information Administration 
at the Department of Energy has concluded through its research that 
falling energy prices can enhance economic growth by about 0.3 
percentage points over a 2-year period. Furthermore, stable energy 
prices that are not fluctuating widely may enhance growth by as much as 
0.7 percentage points over 2 years. Only a few tenths of a percent can 
make a world of difference, particularly for small businesses, small 
investors, and working families.
  The President began speaking about the need to develop a national 
energy policy that addresses both long-term and short-term problems and 
solutions long before the energy crisis in California became apparent. 
The plan of action that he has presented to the nation through his 
National Energy Policy Development Group is responsible, sound, and 
comprehensive. It includes suggested solutions to our lack of domestic 
energy supply and our dependence on foreign sources, as well as 
recommendations for the development of energy supplies for the 21st 
Century.
  Furthermore, for the most part, the President has made a serious 
effort to take into account local concerns and interests where they 
intersect with the nation's interest in an energy policy that crosses 
geographic boundaries. I do, however, hope to have the opportunity to 
work with the President and his administration to find a compromise to 
the proposals to develop oil and gas exploration in the Eastern Gulf of 
Mexico that is consistent with the wishes of Floridians.
  Florida is renowned for its pristine and beautiful beaches and 
oceans. Our economy relies upon that reputation remaining intact and 
vibrant. In fact, 40 million tourists traveled to Florida in 1999, 
spending $46 billion in Florida's hotels, shops, restaurants, and 
attractions. It is because of our commitment to the environmental and 
economic health of our state that Floridians have consistently opposed 
oil and gas development less than 100 miles off the shores of Florida. 
This is a position that has had the support of Republicans and 
Democrats alike.
  There is currently under consideration within the Administration 
proposals to explore within this safe harbor that Florida has 
requested. While I am pleased by the healthy and productive ongoing 
debate on this matter, I remain opposed to drilling within this safe 
harbor. I have been encouraged by the seeming willingness of the Bush 
Administration to work with the State of Florida to seek further 
moratoriums in the Straits of Florida region by the famous Florida 
Keys. And, I am very hopeful that the Administration will work with the 
State to consider restricting lease sales in the Eastern Gulf so that 
oil and gas exploration can be pursued for the nation while respecting 
the concerns of Florida.

                          ____________________



       A TRIBUTE TO JOEL BUCKWALD, NATIONAL ARCHIVES AND RECORDS 
                             ADMINISTRATION

                                 ______
                                 

                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. NADLER. Mr. Speaker, I rise today to pay tribute to Joel 
Buckwald, a Senior Archivist in the New York office of the National 
Archives and Records Administration whose

[[Page 12001]]

service to this country spans the past sixty years. Mr. Buckwald began 
working for the National Archives on June 3, 1941 after two weeks with 
the Public Buildings Administration. Hired under the first Archivist of 
the United States as a Junior Professional Assistant, he quickly rose 
to the rank of Junior Archivist before enlisting in the Navy at the end 
of 1942. During World War II, Mr. Buckwald was assigned to the United 
Nations Central Training Film Committee. Afterwards he studied at the 
City College of New York and in 1947 returned to the National Archives, 
where he has worked for the past fifty-four years.
  In 1950 Mr. Buckwald moved backed to the New York area to help 
establish the agency's first regional records center. Thirteen years 
later he was a consultant to the Organization of American States in 
archives and records management, spending three months advising the 
Ministry of Foreign Affairs in Lima, Peru. In 1970 he became the first 
head of the archives branch for New York, New Jersey, Puerto Rico, and 
the U.S. Virgin Islands, a post he held for seventeen years before 
becoming Senior Archivist in what is now the Northeast Region of the 
National Archives and Records Administration.
  Today the National Archives and Records Administration will honor Mr. 
Buckwald's distinguished career, and tomorrow Mr. Buckwald will 
celebrate his 84th birthday. For his many years of exceptional 
leadership and dedication, I congratulate and thank Mr. Buckwald, and I 
wish him many happy and rewarding years to come.

                          ____________________



                 IN RECOGNITION OF STEPHEN K. WOODLAND

                                 ______
                                 

                          HON. DAVID D. PHELPS

                              of illinois

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. PHELPS. Mr. Speaker, today I rise to recognize the achievements 
of Stephen K. Woodland. Mr. Woodland is a 29 year veteran teacher, 
military retiree, coach, mentor, and friend to hundreds of students who 
have passed through his regimen of algebra, geometry, and calculus. He 
drives forward with an energy level undiminished by many years of hard 
work. For twenty one years, the math teams he has coached and/or helped 
prepare for state competition have finished first, second, or third. 
Mr. Woodland maintains the challenge is not the competition, it is the 
preparation. This is where teaching and learning happen.
  Mr. Woodland is the first to tell students that high school math is 
only the beginning. He encourages students to light their torch of 
learning in high school and carry it on to college. Mr. Woodland 
refuses the spotlight but his opinion is highly respected, his 
integrity is beyond reproach, and his influence mighty. When he speaks, 
students heed his words.
  Many teachers will be successful during their careers, but very few 
will match the level of success and expertise achieved by Mr. Woodland. 
He is tenacious in his pursuit of excellence. He set his goals and then 
drives forward. He exhibits the qualities to set himself above the 
crowd. Clearly, he has distinguished himself in his profession.

                          ____________________



                     TRIBUTE TO MR. LARRY L. GRIMES

                                 ______
                                 

                            HON. MIKE PENCE

                               of indiana

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. PENCE. Mr. Speaker, I rise today to honor the life of the late 
Mr. Larry L. Grimes, an outstanding citizen and dedicated community 
leader in southwest Indiana, but most importantly, a dear friend. I 
join his lovely wife, Nancy, and daughter, Cassie, in expressing our 
gratitude for his loyal service to the State of Indiana.
  Mr. Speaker, Larry Grimes left this earth in November of 2000, just 
hours after his overwhelming election to the Warrick Circuit Court in 
Warrick County, Indiana. His election was a fitting tribute to the 
Christian character and servant's attitude that animated his life.
  Mr. Speaker, I am proud to announce that this past Sunday, June 24, 
2001, the town of Newburgh, Indiana held a hose cutting ceremony to 
dedicate its new fire and EMS stations in the name of Former Fire Chief 
Larry Grimes.
  Mr. Speaker, it is written that a good name is more precious than 
rubies. The good people of Newburgh have put a good name on this new 
facility.
  Mr. Speaker, I respectfully ask my colleagues to join me in paying 
tribute to this esteemed man and cherished friend who as a family man, 
an educator, an attorney and a fireman, made southwestern Indiana a 
better place for his having been there.

                          ____________________



CALLING ON CHINA TO RELEASE LI SHAOMIN AND ALL OTHER AMERICAN SCHOLARS 
              OF CHINESE ANCESTRY BEING HELD IN DETENTION

                                 ______
                                 

                               speech of

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                         Monday, June 25, 2001

  Mr. PASCRELL. Madam Speaker, I thank my colleague from New Jersey 
(Mr. Smith) for his laudable work in the area of human rights and 
injustice worldwide.
  This matter we discuss today hits particularly close to home. Li 
Shaomin is an American citizen that China is holding hostage.
  Sal Cordo, from Bloomfield, was his supervisor when Dr. Li worked for 
AT&T in New Jersey. Now Sal faces the unimaginable task of leading the 
charge to get his friend freed from a Chinese prison, where Dr. Li 
faces trumped up charges.
  In a recent article, China's Foreign Minister stated that, ``In 
China, observance of human rights is now in its historically best 
period.''
  If China is at its best when it is detaining American citizens 
without just cause, and waiting three months to press charges, then I 
cannot imagine them at their worst.
  We granted China permanent most favored nation (MFN) status. This 
trade we grant China has a price. MFN for China costs our nation both 
our values and our dignity.
  I would think they would be walking on eggshells to not act in such 
an offensive manner as they are by detaining Dr. Li. The Chinese 
government seems as determined as ever to quash expressions of personal 
freedom.
  In yesterday's Washington Post, there was an article entitled ``China 
Growing Uneasy about U.S. Relations.''
  The Chinese government should note that the people of New Jersey are 
not just uneasy about their actions, they are outraged!
  Those in the Chinese government should note that the U.S. Congress 
has not forgotten about Li Shaomin.
  The Bush administration should use every avenue at their disposal to 
encourage the Administration to place pressure on the Chinese 
government in asking for the release of Dr. Li and the other U.S. 
hostages.
  Before granting annual MFN, before we decide an official position on 
their Olympic bid, the Administration must convince the Chinese 
government that it is in their best interest to do as we ask, and they 
do it now.

                          ____________________



         HONORING LINDA ENGELHART FOR HER WORK WITH THE ELDERLY

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
commend Linda Engelhart for working selflessly to improve the lives of 
the elderly, especially the work she did at Columbine Manor in Salida, 
Colorado. Linda believes, as Arlene Shovald of the Mountain Mail 
quotes, that if everybody ``would do one kind thing a day,'' then ``it 
would be a better world.'' Linda, whose actions demonstrate her 
commitment to such kindness, has improved this world for many.
  Linda, who has also worked for Area Agency on Aging, has acted as 
admissions and marketing director at Columbine Manor for three years. 
In order to ensure that each resident always has something to look 
forward to, Linda initiates many projects at the Manor. For instance, 
she holds a weekly meeting called ``Conversations with Linda,'' to 
which she brings a tasty cuisine like lemon meringue pie or crab cakes 
to spice up the normal meal schedule. The meeting offers more than just 
a delicious treat, however. Each Tuesday, according to Linda, the 
residents ``share beautiful stories about their past.'' In addition, 
she has involved herself with a committee that plans activities for 
residents and their families such as Operation Christmas Child, which 
creates shoeboxes full of gifts for small children. Also, she helps 
hold a party for every holiday, and a barbecue every month. Linda, 
always a good listener, makes sure that her events bring what her 
residents desire. For instance, she says, ``Today, we're helping the 
residents make potato salad . . . . They wanted homemade potato salad, 
so we let them do it.''

[[Page 12002]]

  Linda has helped transform the Columbine Manor into a rehabilitation 
center, sending home about 40 percent of its residents within a month 
or two. Perhaps the rehabilitation rate at Columbine Manor is so high 
because Lisa has treated her job as an opportunity to increase morale, 
to work alongside, and to generally get to know the residents there.
  As you can see, Mr. Speaker, Linda Engelhart has acted with 
compassion, and has served as a model for the young and old of our 
nation. Today, I would like to thank and honor her on behalf of 
Congress for all that she has done for her residents and for humanity.

                          ____________________



  INTRODUCTION OF HOUSE CONCURRENT RESOLUTION 173--THE INTERNATIONAL 
                    HUMAN RIGHTS EQUALITY RESOLUTION

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. LANTOS. Mr. Speaker, today with the support of 26 of our 
colleagues--including both Republicans and Democrats--I introduced 
House Concurrent Resolution 173, the ``International Human Rights 
Equality Resolution,'' a Resolution decrying human rights violations 
based on real or perceived sexual orientation and gender identity. We 
introduced this legislation Mr. Speaker, because we believe very 
strongly that we must send a strong message that gay, lesbian, bisexual 
and transgendered people must be treated with dignity and respect, not 
with hatred and violence.
  Mr. Speaker, it is appropriate that we have introduced our Resolution 
today, which is the U.N. International Day in Support of Survivors of 
Torture. This Resolution, together with Amnesty International's newly 
released report, ``Breaking the Silence,'' highlights the use of 
torture against people based on sexual orientation and condemns 
governments who perpetrate these outrageous human rights violations, or 
fail to do anything to prosecute the perpetrators. All around the 
world, unacceptable violations of human rights have taken place against 
individuals solely on the basis of their real or perceived sexual 
orientation. These ongoing persecutions against gay people include 
arbitrary arrests, rape, torture, imprisonment, extortion, and even 
execution.
  The scope of these human rights violations is staggering, and for the 
victims, there are few avenues for relief. Mr. Speaker, some States 
create an atmosphere of impunity for rapists and murderers of gays and 
lesbians by failing to prosecute or investigate violence targeted at 
these individuals because of their sexual orientation. These abuses are 
not only sanctioned by some States, often, they are perpetrated by 
agents of the State.
  Mr. Speaker, in Afghanistan, men convicted of sodomy by Taliban 
Shari'a courts are placed next to standing walls by Taliban officials 
and are subsequently executed as the walls are toppled upon them and 
they are buried under the rubble. In Guatemala and El Salvador, 
individuals are either tortured or killed by para-military groups 
because of their real or perceived sexual identity. In Saudi Arabia, 
Yemen, Kuwait, Mauritania, and Iran persons are summarily executed if 
they are convicted of committing homosexual acts. In Pakistan, 
individuals are flogged for engaging in sexual conduct with same-sex 
partners, and in Uganda and Singapore individuals engaging in such 
conduct are sentenced to life in prison. In Brazil, a lesbian couple 
was tortured and sexually assaulted by civil police. Despite the 
existence of medical reports and eye-witness testimony, the 
perpetrators of these heinous crimes are never prosecuted.
  Mr. Speaker, around the world, individuals are targeted and their 
basic human rights are denied because of their sexual orientation. The 
number and frequency of such grievous crimes against individuals cannot 
be ignored. Violence against individuals for their sexual orientation 
violates the most basic human rights.
  House Concurrent Resolution 173, puts the United States on record 
against such horrible human rights violations. As a civilized country, 
we must speak out against and condemn these crimes. Our Resolution 
details just a few examples of violence against gays and lesbians in 
countries as wide ranging as Saudi Arabia, Mexico, China, El Salvador, 
and other countries. By calling attention to this unprovoked and 
indefensible violence, the International Human Rights Equality 
Resolution will broaden awareness of human rights violations based on 
sexual orientation.
  House Concurrent Resolution 173 reaffirms that human rights norms 
defined in international conventions include protection from violence 
and abuse on the basis of sexual identity, but it does not seek to 
establish a special category of human rights related to sexual 
orientation or gender identity. Furthermore, it commends relevant 
governmental and non-governmental organizations (such as Amnesty 
International, Human Rights Watch, and the International Gay and 
Lesbian Human Rights Commission) for documenting the ongoing abuse of 
human rights on the basis of sexual orientation. Our Resolution 
condemns all human rights violations based on sexual orientation and 
recognizes that such violations should be equally punished, without 
discrimination.
  This legislation is endorsed by a broad coalition of international 
human rights groups, gay rights groups, and faith-based organizations, 
among others. They include: Amnesty International, International Gay 
and Lesbian Human Rights Commission, Human Rights Watch, National Gay 
and Lesbian Taskforce, Human Rights Campaign, Log-Cabin Republicans, 
Justice and Witness Ministries of the United Church of Christ, and the 
National Organization of Women.
  I would also like to extend my gratitude to the United States 
Department of State and the United Nations for documenting the ongoing 
abuse of human rights on the basis of sexual orientation and gender 
identity.
  Mr. Speaker, the protection of gender identity is not a special right 
or privilege, but it should be fully acknowledged in international 
human rights norms. I ask that my colleagues join with me in 
wholeheartedly embracing and supporting human rights for all people, no 
matter what their sexual orientation might be. It is the only decent 
thing to do.

                          ____________________



 COMMEMORATING THE 50TH ANNIVERSARY OF THE LAURA INGALLS WILDER LIBRARY

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mrs. EMERSON. Mr. Speaker, it is with great honor and pride that I 
stand before the House today in observance of the 50th Anniversary of 
the Laura Ingalls Wilder Library. The Laura Ingalls Wilder Library is 
located in Mansfield, Missouri, a small town in Missouri's Eighth 
Congressional District.
  Many will remember with great fondness the Laura Ingalls Wilder 
books. In fact many of us or our children grew up reading her accounts 
of life in the great outdoors. She wrote simply and vividly--with such 
detail that her accounts of pioneer life have become the way that many 
of us view life on the Midwestern frontier. Through her writing, Laura 
Ingalls Wilder provided us with a chronology of life during the Pioneer 
days that has allowed us to preserve a lost era in American history.
  But Laura Ingalls Wilder did more than just evoke a love for the 
rural way of life in her writing. Through her writing, she instilled a 
love of reading and over time that love of reading was translated into 
action as she became a tireless advocate for our public libraries.
  In rural America, public libraries are not just a luxury or a 
convenience, they are a way of life. Most small towns don't have a 
Barnes and Noble and many folks don't have access to Amazon.com.
  As a result, the tireless endeavors of the Laura Ingalls Wilder's of 
today are keeping Ms. Wilder's efforts alive. In Wright County, the 
community is working in a cooperative and most inspiring manner to 
create the Laura Ingalls Wilder Library and Community Center, an 
expanded library that will provide a technology and community center. 
The center will give folks the opportunity to embark on a journey of 
learning and to inspire adults and children with a love for reading.
  Mr. Speaker, on this very special occasion, I ask that all of my 
colleagues join me in recognizing the 50th Anniversary of the Laura 
Ingalls Wilder Library. May the blessings of the last 50 years serve as 
a vision for the next 50 years.

                          ____________________



   IN HONOR OF WILLIAM E. MARTIN, PRESIDENT OF UNITED WAY OF HUDSON 
         COUNTY, UPON HIS RETIREMENT AFTER 45 YEARS OF SERVICE

                                 ______
                                 

                          HON. ROBERT MENENDEZ

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. MENENDEZ. Mr. Speaker, I rise today to honor William E. Martin, 
who will be recognized by the United Way of Hudson County,

[[Page 12003]]

New Jersey. On Wednesday, June 27, 2001, the City of Jersey City will 
honor Mr. Martin during a dedication ceremony to rename Vroom Court the 
William E. Martin Way. A luncheon in honor of Mr. Martin will follow 
the ceremony.
  William Martin began his distinguished career with the United Way 
Foundation in 1956, serving as President of the United Way in Hudson 
County, New Jersey. During his tenure, Mr. Martin was instrumental in 
establishing over 30 Tri-State United Way agencies. As a result of his 
hard work and dedication, United Way now provides social services in 
over 700 communities throughout the Tri-State area, lending assistance 
to over 8 million people a year.
  Beyond his administrative duties, William Martin has also served as 
an ambassador for the United Way Foundation. In 1988, he was chosen by 
his peers to set up United Way services in Beijing, China and Hong 
Kong. In addition, he has assisted in the implementation of United Way 
services in Vietnam, Pakistan, Egypt, and the Philippines.
  Youth outreach and community service initiatives have also been top 
priorities in William Martin's life. Prior to his tenure with United 
Way, he was Director of Human Services at Camp Crowder in Missouri and 
served as Athletic Director at the CYO Center in Jersey City, New 
Jersey for nine years.
  Today, I ask my colleagues to join me in honoring William Martin for 
his distinguished service on behalf of the United Way of America and 
the residents of New Jersey.

                          ____________________



      MARVIN OLINSKY: VISIONARY, PUBLIC SERVANT, AND HUMANITARIAN

                                 ______
                                 

                           HON. TONY P. HALL

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. HALL of Ohio. Mr. Speaker, I rise to pay tribute to Marvin 
Olinsky, who is retiring after serving 14 years as chief executive of 
the Five Rivers MetroParks, a regional park system in Dayton and the 
Miami Valley, Ohio. Marvin has been an extraordinary steward of the 
park system and a tireless advocate for clean, safe parks for us and 
future generations.
  Ten years ago, the park district managed 6,900 acres. Under Marvin's 
leadership, Metroparks has grown to an 11,000 acre system with an 
annual attendance of 5.6 million visitors. He increased law enforcement 
within the parks, expanded educational programs and recreational 
facilities, and made the parks cleaner. These improvements have made 
the park system enormously popular among residents of the Miami Valley.
  Marvin has been more than a park system director to the community. He 
has been a true visionary, helping to make the physical surroundings in 
the Dayton area more attractive and friendly. He was a moving force 
behind the current downtown Dayton renaissance and he has actively 
participated formally and informally in a broad range of civic 
activities.
  Beyond Dayton and this country, Marvin's spirit of helping stretches 
to the war-torn West African nation of Sierra Leone. As a private 
citizen, he has visited the country on a regular basis to bring much-
needed books, medicine, clothing, and food. I have traveled with him to 
Sierra Leone on a humanitarian mission. It has been an honor to work 
with him in the struggle for justice in that country.
  I have had the privilege of working with Marvin on other projects, 
including the Hope Foundation, which he chairs. This group supports 
needy citizens in Africa and around the world.
  For me, Marvin is more than just a partner in public service. I am 
proud that he is my friend.
  Dayton is fortunate that Marvin plans to stay in the area and 
continue his civic involvement. His creativity, vision, and energy can 
always be used here.

                          ____________________



                    TRIBUTE TO THE REV. DAVID KALKE

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. BACA. Mr. Speaker, I rise to salute a constituent of mine, the 
Reverend David Kalke, recipient of a 2001 Robert Wood Johnson Community 
Health Leadership Award, for his work in creating a ``safe zone'' for 
our youth. The award is the nation's highest honor for community health 
leadership and includes a $100,000 program grant.
  The Reverend Kalke has done remarkable work with teen health and 
education programs in an area of San Bernardino, CA, known to have the 
state's highest teen pregnancy and STD rates and marked incidents of 
violence. The original core of 12 teens has since grown to over 100 
youths a year.
  Because of these efforts, he is one of 10 outstanding individuals 
selected this year to receive a $100,000 Robert Wood Johnson Community 
Health Leadership Program award.
  You know, Mr. Speaker, it is important that we give the children 
hope. That we give them a chance. A helping hand up. A chance to have a 
mentor, to have someone believe in them. Because through that 
confidence in them comes confidence in themselves. The Reverend Kalke 
has done that. I think we must all remember the role models in our 
lives, and remember those who inspired us to see the possibilities. So 
we can all understand what it is for a child to have the sort of 
opportunities, the sort of chance that the Reverend Kalke has given 
them.
  The Reverend Kalke has a long history of public service and 
involvement with serving our youth. His deeply held beliefs that the 
church should be actively involved in the community began with a 
mission to Chile during the 1970s. He eventually returned to New York 
City where he led a Lutheran church congregation and initiated a broad 
array of community programs in the South Bronx.
  In 1996, he was asked by the Lutheran church to revive a struggling 
church in a poverty-stricken section of San Bernardino, CA, known to 
have the State's highest teen pregnancy and sexually transmitted 
disease rates, as well as one of the highest incidences of gang-related 
violence.
  From the beginning, his vision faced obvious risks. His church, the 
Central City Lutheran Mission (CCLM), was abandoned with no established 
community ties and a regular risk of violence from area youth gangs. To 
gain the neighborhood's trust, Kalke hired local teens to help clean up 
the site, offering to pay small salaries while they undertook peer HIV/
AIDS health educator training. The original core of 12 teens has since 
grown to over 100 youths a year, working, learning and volunteering in 
what has become a gang-free, safe space in the midst of a devastated 
neighborhood.
  Admirers have observed: ``Not since Escalante worked his magic in 
teaching calculus to poor minority kids in East Los Angeles has anyone 
witnessed the dedication, caring, knowledge and skills of David Kalke 
in assisting `throw away' kids in a `throw away' neighborhood to learn 
ways to improve their own and the neighborhood's existence.''
  CCLM's programs now include: an adolescent health program which 
employs peer educators to teach HIV, STD and teen pregnancy prevention; 
an after school program for 50 children between the ages of 5-12 to 
help with homework and nutrition; and, a teen day-school for suspended, 
expelled or home-study students. CCLM's cultural programs include art, 
writing and photography. Teens publish a newsletter of poems, drawings 
and photographs on the realities of inner city life.
  The Reverend Kalke has also raised federal and city funding to 
rehabilitate abandoned homes and turn them into transitional housing 
for homeless HIV+ persons.
  In order to create these programs he has effectively pulled together 
numerous partners including other churches, California State University 
at San Bernardino (Cal State) and the city council. Cal State's Social 
Work, Public Health and Communications Departments regularly send 
interns and nursing students to conduct 9-month internships at CCLM.
  The CCLM programs have transformed hundreds of individual lives, 
giving food, shelter, education, safety and hope where there was none.
  And so we honor the Reverend Kalke, and we salute him, for his 
achievement and his commitment to our youth.

                          ____________________



                          TRIBUTE TO HUGO NEU

                                 ______
                                 

                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. PALLONE. Mr. Speaker, I would like to ask my colleagues to join 
me in congratulating Hugo Neu Schitzer East, one of the largest scrap 
metal recyclers in New Jersey, for their proactive efforts to improve 
industrial recycling.
  The Hugo Neu Schitzer East Company has been operating in Port 
Liberte, New Jersey for the last 40 years. They have invested several 
million dollars in research and development, attempting to find new and 
better ways to

[[Page 12004]]

mine and recycle waste metal. They have done so with the goal of 
reducing the amount of scrap metal that needs to be disposed of in 
landfills.
  For example, almost a quarter of the metal produced by the shredding 
of an automobile cannot be recycled and needs to be disposed of in a 
landfill. Hugo Neu is working to dispose these waste materials in a 
more environmentally sound manner, as well as find ways to recycle and 
reuse a larger portion of scrap material.
  I ask to submit an article from the Business News New Jersey that 
better outlines Hugo Neu's efforts on behalf of the environment.

   [From the Business News New Jersey, Jersey City, NJ, June 5, 2001]

                Scrapping Old Ways and Look for New Ones

                       (By Geeta Sundaramoorthy)

       John Neu and Robert Kelman like to say jokingly that they 
     are still trying to figure out how to make money after being 
     in the scrap metal recycling business for 40 years. As part 
     owner and general manager, respectively, of Hugo Neu 
     Schnitzer East, one of the biggest recyclers in the region, 
     they may only be half joking.
       Jersey City-based Hugo Neu buys scrap metal from auto 
     dealers and construction companies, then shreds, processes 
     and ships it to customers for use as raw material in making 
     steel. With international prices of scrap funding to historic 
     lows and costs going up, scrap metal recyclers, including 
     Hugo Neu, are finding it hard to keep the revenue flowing in 
     from their core business.
       The company has annual revenues of about $170 million, 225 
     employees, and handles 1.3 million tons of scrap annually in 
     the New York metro region. It says it is the region's largest 
     exporter of processed scrap.
       According to Kelman, in the last 18 months scrap prices 
     have dropped from about $130 per gross ton to less than $80, 
     a 38% falloff. International demand for scrap has also fallen 
     as Asian economies hit hard times, competition increased from 
     Russia and domestic demand decreased as cheap imports of 
     steel pushed many U.S. steel makers near bankruptcy. Strict 
     environmental standards for the disposal of waste and higher 
     wage and energy costs are also pushing the costs up, he 
     points out. ``We are squeezed into a box,'' says the 62-year-
     old Neu.
       Their neighbors, which in Hugo Neu's case include the 
     residents of the Port Liberte condominium complex, on the 
     Jersey City waterfront also don't much appreciate the noise 
     and grit associated with recycling operations.
       So Neu and Kelman, as well as other recyclers, are now busy 
     looking for ways to diversify their revenue stream. Hugo Neu 
     is looking for ways to recycle new materials, especially the 
     waste left behind after the current processing is done, and 
     for new lines of business to enter.
       Hugo Neu is spending $20 million to dredge the channel 
     leading to its Claremont terminal pier facility in Jersey 
     City to a depth of 34 feet so it can use its port and crane 
     facilities to off load freighters carrying break bulk metal 
     cargoes such as rods, rails and other steel products. The 
     company is splitting the cost of the dredging project with 
     the state and work is slated to be finished in 18 months.
       Hugo Neu is not the only scrap recycler looking to 
     diversify into break bulk cargo. Newark-based Naporano Iron 
     and Metal, a unit of Chicago's Metal Management which is 
     close to emerging out of Chapter 11 bankruptcy, also plans to 
     boost its stevedoring business and handle break bulk cargo at 
     its Port Newark facility. Last month, the company won a 
     battle against the International Longshoremen's Association 
     to use its own labor for loading and unloading some break 
     bulk cargo.
       John Neu's father, Hugo Neu, who is considered a pioneer in 
     the scrap recycling industry, started the family business in 
     the early 1960s. It split in 1994, after Hugo Neu's death, 
     with John Neu getting the scrap metal operations and half the 
     real estate business. John Neu, now CEO of Manhattan-based 
     Hugo Neu Corporation, formed Hugo Neu Schnitzer East in 
     1998--as a 50% joint venture with Schnitzer Steel Industries 
     of Portland, Oregon. It is now Hugo Neu's largest operation, 
     and is run by Kelman, 38, who is Neu's brother-in-law.
       Kelman concedes the scrap business is dusty and noisy and 
     some neighbors have a legitimate grouse about noise. Port 
     Liberty is about 1,000 feet from Hugo Neu's Claremont 
     terminal, and is separated by a channel, where the recent 
     dredging work has only increased residents ire. Our business 
     involves processing and transportation. It is an 
     environmental issue. ``People say why do we need to have a 
     scrap processing business in a residential area?'' says Neu, 
     adding that most scrap is generated in the New York metro 
     area. ``It has to get out of the city and come to the docks 
     in the New York harbor.''
       Kelman says his company's port has been operating for more 
     than 40 years, whereas the Port Liberty residents came only 
     12 years ago. ``There is only so much we can do to minimize 
     the impact,'' he says, adding the company has even built a 
     container wall to keep the operations out of the sight of 
     residents. The question is whose impact will be greater for 
     the economy, ours or the residential units, he asks.
       Jersey City has, in a way, answered that question by 
     choosing to keep that part of waterfront reserved for 
     industrial use. Anne Marie Uebbing, director of the city's 
     department of housing, economic development and commerce, 
     says it has supported Hugo Neu's dredging project, 
     recognizing the importance of Claremont as an international 
     port, especially when Hugo Neu starts bringing in more ships 
     carrying break bulk cargo. Uebbing says the city supports 
     industrial development that can arise around the port, 
     including warehousing and manufacturing. ``We see port 
     activity in the New York harbor increasing. It is imperative 
     that we maintain our competitive edge.''
       Hugo Neu has also invested several million dollars in 
     research and development to find new ways to ``mine'' the 
     waste metal it produces. About 25% of every automobile that 
     is shredded can't be recycled and has to be disposed of at an 
     environmentally approved landfill, an expensive proposition 
     for many recyclers.
       A year ago, Hugo Neu entered into a joint-venture project 
     with Daimler Chrysler and set up a facility in Utah to do 
     research on recycling plastics. Kelman hopes to announce the 
     results of that research in the next two months. In addition, 
     the company is converting waste from the auto shredding 
     process into landfill cover that reduces its tipping fee--
     money charged by landfill companies for dumping waste. Kelman 
     hopes in the next few years the company will be able to 
     reduce its waste by 50%, with the ultimate goal of producing 
     zero waste.

     

                          ____________________



                          CORRIDORONE FUNDING

                                 ______
                                 

                          HON. GEORGE W. GEKAS

                            of pennsylvania

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. GEKAS. Mr. Speaker, I am joined in my remarks by my fellow 
colleagues from Pennsylvania, Representative Pitts and Representative 
Platts. We would like to take this opportunity to note that language 
was included in the FY' 02 Transportation Appropriations bill that 
reallocated unexpended funds from previous appropriations acts for 
various projects around the country. Much to our surprise, and 
disappointment, a project which is critical to the central Pennsylvania 
region--the CORRIDORone project--was on the list to be rescinded.
  The report language from the Committee states ``these sums are not 
needed due to changing local circumstances or are in excess of project 
needs.'' Upon further inquiry, I was informed by the Subcommittee that 
these funds for the CORRIDORone project were being reallocated because 
it was presumed the funds would not be obligated by the September 30, 
2001 deadline. However, this is not the case. Capital Area Transit 
(CAT), the local agency responsible for the project, is proceeding 
through the Federal Transit Administration (FTA) approval process and 
is expected to obligate the funds within a few short weeks, well before 
the September 30 deadline. I am at a loss as to why it was thought that 
these funds would not be obligated. How this misinformation came to be 
I do not know, but it saddens me that such a vital project for the 
central Pennsylvania region, and one which has the support of state, 
local, business, and environmental leaders would suffer such a serious 
setback due to faulty information.
  Representatives Gekas, Pitts, and Platts have written to Chairman 
Rogers requesting that the project be removed from the reallocation 
list or at the very least be granted an extension of one year in order 
to utilize funds already appropriated and desperately needed. We have 
also written to the FTA requesting an explanation of their decision to 
recommend that CORRIDORone's FY '99 funds be reallocated.
  Mr. Speaker, if FY '99 funds were reallocated, CAT would lose half of 
all federal funds appropriated for CORRIDORone to date. Coupled with 
the fact that no additional funds were appropriated for the project 
this year, reallocation of half its federal funds would almost 
certainly prevent CAT from completing the CORRIDORone project. If 
central Pennsylvania is to successfully move into the 21st century, 
such an investment in Pennsylvania's future can not be abandoned at 
this crucial hour.
  We look forward to working with the Appropriations Committee to 
rectifying the situation, but hope that FTA approval to obligate funds 
will satisfy the Committee and prevent reallocation.




                          ____________________


[[Page 12005]]

                    TRIBUTE TO COLONEL JOHN COLEMAN

                                 ______
                                 

                           HON. TONY P. HALL

                                of ohio

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. HALL of Ohio. Mr. Speaker, it is my honor to note the long-term 
record of selfless service by one of Ohio's own, and a member of the 
``greatest generation,'' Colonel John Coleman, United States Army, 
Retired. This year marks the 50th anniversary of Colonel Coleman's 
election as National President of the Reserve Officers Association and 
the 73rd anniversary of his acceptance of the oath of office as a 
commissioned military officer.
  Mr. Speaker, few American's can claim such a rich legacy of service 
to country and countrymen. We all know the excellent work that is done 
every day by the staff of the Reserve Officers Association and their 
numerous volunteer members. But few of us know the significant 
achievements of Colonel John Coleman in his role as national president 
of the Reserve Officers Association.
  During 1951, Colonel Coleman worked closely with the Marine Corps 
Reserve Association to gain passage of the Armed Forces Reserve Act of 
1952 which became Public Law 476. That act provided the framework for a 
fully integrated and fully capable reserve force working as partner 
with the regulars in meeting the nation's defense needs. As a result of 
the legislation passed, the reserve force became a critical resource 
for all military engagements that followed.
  Colonel Coleman's record of military service began with his 
commissioning as a second lieutenant of the Field Artillery in 1928. 
His record is marked by selfless service in numerous staff and command 
positions including service in combat during World War II. Among his 
many awards and recognition is his membership in the Honorable Order of 
Saint Barbara for his contributions to the Army Field Artillery.
  Mr. Speaker, Colonel Coleman fully represents the spirit of the 
Reserve Officers Association and its model, the Minuteman. Just across 
the street from the East front of the Capitol building stands the 
Association's headquarters, the Minuteman Memorial Building: an edifice 
that is aptly named as it represents the acts and sacrifices of so many 
of its members personified in the nature and deeds of Colonel Coleman.
  Just like the Minuteman, who came forward in a time of crisis to help 
his nation, so did Colonel Coleman come forward when his nation and his 
Association needed him. Mr. Speaker, I ask all Americans to join me in 
a grateful salute to both Colonel John Coleman and his devoted wife, 
Julia. We are all grateful not only for his service but also to the 
thousands of men and women who so admirably follow the traditions of 
one of Dayton, Ohio's greats: Colonel John Coleman.

                          ____________________



  TO RECOGNIZE THE TEACH OUR CHILDREN FOUNDATION AND THE THIRD ANNUAL 
               BART OATES/RICK CERONE CELEBRITY GOLF OPEN

                                 ______
                                 

                          HON. ROBERT MENENDEZ

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. MENENDEZ. Mr. Speaker, I rise today to honor Bart Oates and Rick 
Cerone, the co-founders of the Teach Our Children Foundation in Newark, 
New Jersey. On Monday, June 25, 2001, Mr. Oates and Mr. Cerone hosted 
their Third Annual Oates/Cerone Celebrity Golf Open at the Mountain 
Ridge Country Club in West Caldwell, New Jersey. This charity event 
raised funds for the Teach Our Children Foundation, benefiting 
underprivileged children living in Newark.
  The Teach Our Children Foundation, a non-profit organization founded 
by Bart Oates and Rick Cerone, provides educational and developmental 
opportunities for children living in Newark. The foundation aims to 
address problems children face in urban America today, including the 
presence of drugs, the breakdown of the familial structure, and the 
difficulties urban schools face in handling these and other issues.
  Bart Oates and Rick Cerone are very well known throughout New Jersey 
for their successful careers in professional football and baseball. 
Bart Oates, who is a former New York Giant, graduated from Seton Hall's 
School of Law, and currently is Vice President for Marketing and Client 
Service at the Gale & Wentworth Real Estate Company. Rick Cerone is a 
former New York Yankee, an alumnus of Seton Hall University, and 
founder and president of the Newark Bears Minor League baseball team.
  Today, I ask my colleagues to join me in honoring Bart Oates and Rick 
Cerone, along with the Teach Our Children Foundation of Newark, New 
Jersey, for providing children with a brighter future and real 
educational opportunities.

                          ____________________



CALLING ON CHINA TO RELEASE LI SHAOMIN AND ALL OTHER AMERICAN SCHOLARS 
              OF CHINESE ANCESTRY BEING HELD IN DETENTION

                                 ______
                                 

                               speech of

                          HON. JOSEPH CROWLEY

                              of new york

                    in the house of representatives

                         Monday, June 25, 2001

  Mr. CROWLEY. Mr. Speaker, I want to thank Mr. Smith of New Jersey for 
authoring this crucial and timely resolution.
  It troubles me to report that one of my constituents is among the 
many Chinese-Americans being held without cause by the government of 
the People's Republic of China.
  As an author and scholar, Mr. Wu would often travel to the land of 
his ancestry for business and research.
  However, on April 8th, Wu Jianming (Woo John-Ming) of Elmhurst, New 
York was detained by security forces while traveling in the People's 
Republic of China. He was taken to an isolated house outside the city 
of Guangzhou for questioning.
  Chinese authorities detained Mr. Wu for nearly a week before finally 
notifying the American consulate of the arrest in violation of standard 
protocol.
  Though the Consul General was finally granted access to assess the 
physical and emotional well being of Mr. Wu, the circumstances 
surrounding his captivity are simply unacceptable. He has now been held 
for nearly three months without being formally charged with any crime.
  Chinese diplomats here in Washington argue that Mr. Wu's case is a 
matter of national security, and provided no further details.
  Mr. Wu is a husband, a scholar, and a U.S. citizen. He is not a 
subversive element.
  For the sake of Sino-American relations, it is essential that he be 
immediately and unconditionally released.
  It troubles me to report that Mr. Wu's story is not an isolated 
incident. The recent detention of Chinese-American scholars has 
strained our relationship with Beijing.
  As members of the international community and partners of the United 
States, it is imperative that they be held to the same standards as all 
other nations.
  Therefore, I proudly join Mr. Smith in supporting the release of 
these men without further delay, and I urge my colleagues to join us in 
that endeavor.

                          ____________________



                   HERSHEY INTERMODAL CENTER FUNDING

                                 ______
                                 

                          HON. GEORGE W. GEKAS

                            of pennsylvania

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. GEKAS. Mr. Speaker, I would like to express my disappointment 
that funding for the Hershey Intermodal Center was not included in the 
FY 2002 Transportation Appropriations bill. Hershey, PA, is in need of 
a modernized central business district with a vibrant center of 
activity to meet the transportation and commercial realities of the 
21st Century. To address this need, local government officials have 
been working with private concerns in a public-private partnership to 
renovate downtown Hershey. At the heart of the downtown improvement 
plan is the construction of an intermodal transportation center. This 
facility will link bus transit, park and ride, and transit parking in a 
central location. It will also provide parking for the overall downtown 
development and is situated to provide a stop for the commuter rail 
service that is envisioned in the CORRIDORone long-term plan. I 
strongly support this regional economic development project and believe 
that funding for this important project should have been included in 
the Transportation Appropriations bill.
  Although $2.5 million was not added to this year's House version of 
the Transportation Appropriations bill, I plan to continue my efforts 
to seek funds which are seriously needed to revitalize central 
Pennsylvania. I hope the Senate will correct this oversight, and 
recognize the needs of the hard working people of our commonwealth.




                          ____________________


[[Page 12006]]

                        TRIBUTE TO PAUL BEAZLEY

                                 ______
                                 

                         HON. JAMES E. CLYBURN

                           of south carolina

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a dear 
friend, a former colleague, and fellow South Carolinian, Paul W. 
Beazley. On July 16th, Paul will retire from South Carolina State 
government. It is a retirement well deserved and he will be sorely 
missed.
  Before coming to this august body, I served as Human Affairs 
Commissioner for the State of South Carolina. I was fortunate to have 
Paul among my support staff. Paul joined the State Human Affairs 
Commission in January of 1973. Upon my arrival in October 1974, I named 
him Director of the Technical Services Division where he served for 
five years before being named Deputy Commissioner.
  During my nearly 18-year tenure at the Commission, Paul was an 
invaluable colleague, and became an expert on the issues of equal 
opportunity and diversity, particularly in the workplace. He 
accentuated his vast experience in this area with several published 
works including: Think Affirmative; The Blueprint, which became the 
leading affirmative action planning manual in the 1970's and 1980's. He 
recently wrote, The South Carolina Human Affairs Commission: A History, 
1972-1977; and Who Give a Hoot at the EEOC?, a public policy case 
study. He played a key role organizing the State's first Human Affairs 
Forums, two of which were nationally televised.
  An active member in his community both professionally and personally, 
Paul currently serves on the Board of Directors of the Midlands Marine 
Institute, and is president of the Alumni Association of South Carolina 
State Government's Executive Institute. Paul is also chairman of the 
State Appeals Board of the United States Selective Service System.
  In addition, Paul is a member of various professional associations, 
and works as a volunteer for many non-profit organizations. He is also 
a member of the Eau Claire Rotary Club of Columbia, and has served as 
President and Secretary of the National Institute for Employment 
Equity, and as Chairman of the Greater Columbia Community Relations 
Council. He has also served on the Board of Directors of the Family 
Services Center of Columbia, the Board of Visitors of Columbia College, 
the Board of Directors of Leadership South Carolina and numerous task 
forces at the State and local level.
  Prior to joining the Commission in 1973, Paul was a Presbyterian 
Minister. He served as a Pastor, a Conference Center Director, and an 
Educational Consultant. He has also worked as a Consultant for the 
University of South Carolina General Assistance Center, teaching in the 
field of test taking and problem-solving. He designed an experimental 
reading program for the Columbia Urban League.
  Paul received his Bachelor of Arts degree from East Tennessee State 
University, his Master of Divinity from Union Theological Seminary in 
Virginia, and a Masters of Education from the University of South 
Carolina, where he also completed Doctoral studies. Paul is also a 
graduate of the South Carolina Executive Institute (1992), and 
Leadership South Carolina (1987).
  Paul, a longtime resident of my current hometown, Columbia, South 
Carolina, is married to the former Marcia Rushworth. They have one son, 
Paul Derrick Beazley, who lives in Charleston. Paul is a competitive 
tennis player, and we share yet another common interest and pastime, 
golf.
  Mr. Speaker, I ask you to join me in saluting one of our nation's 
authorities on diversity, one of my State's most highly respected 
professionals, one of my communities finest citizens, and one of my 
good friends, Paul W. Beazley, upon his retirement from South Carolina 
State government. Please join me in wishing him good luck and Godspeed.

                          ____________________



                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. ANTHONY D. WEINER

                              of new york

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. WEINER. Mr. Speaker, I was unavoidably detained in my district on 
Monday, June 25, 2001 and the morning of Tuesday, June 26, 2001, and I 
would like the record to indicate how I would have voted had I been 
present.
  For rollcall vote No. 186, the resolution calling on the Government 
of China to Release Li Shaomin and all other American scholars being 
held in detention, I would have voted ``aye.''
  For rollcall vote No. 187, the resolution expressing the sense of the 
House that Lebanon, Syria and Iran should call upon Hezbollah to allow 
the Red Cross to visit four abducted Israelis held by Hezbollah forces 
in Israel, I would have voted ``aye.''
  For rollcall vote No. 188, the resolution honoring the 19 U.S. 
servicemen who died in the terrorist bombing of the Khobar Towers in 
Saudi Arabia on June 25, 1996, I would have voted ``aye.''
  For rollcall vote No. 189, on approving the Journal, I would have 
voted ``aye.''

                          ____________________



 IN HONOR OF THE EIGHTH ANNUAL PUERTO RICAN INTERNATIONAL FESTIVAL OF 
                          HOBOKEN, NEW JERSEY

                                 ______
                                 

                          HON. ROBERT MENENDEZ

                             of new jersey

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. MENENDEZ. Mr. Speaker, I rise today to honor the participants and 
sponsors of the Eighth Annual Puerto Rican International Festival of 
Hoboken, New Jersey. This dynamic event is part of a week-long 
celebration that pays tribute to Puerto Rican culture and the 
achievements of Puerto Ricans all around the globe. This year's 
festivals were held in Church Square Park on Sunday, June 24, 2001. The 
Puerto Rican Cultural Committee of Hoboken and the Hoboken Office of 
Hispanic and Minority Affairs cosponsored the event.
  The Puerto Rican Cultural Committee of Hoboken and the Hoboken Office 
of Hispanic and Minority Affairs did a marvelous job in coordinating 
and planning this year's festivities. For years, these organizations 
have promoted cultural and community events in Hoboken, which showcase 
the heritage, pride, and uniqueness of each nationality or ethnic group 
in Hoboken. In addition, these two organizations provide essential 
social and professional guidance for Latinos in Hoboken.
  This lively and spirited festival features artists and musicians from 
all around the world, as well as Puerto Rican music and dance. The 
Festival is a place where the entire family can enjoy activities, such 
as animal rides, a petting zoo, outdoor concerts, and over a hundred 
food vendors serving appetizing Caribbean cuisine.
  Hoboken's Puerto Rican Community has been an integral part of the 
city, and has contributed economically, culturally, and socially to the 
well-being of our District and State.
  Today, I ask my colleagues to join me in honoring the participants 
and co-sponsors of the Eighth Annual Puerto Rican International 
Festival of Hoboken, New Jersey.

                          ____________________



  INDIAN GOVERNMENT CAUGHT RED-HANDED TRYING TO BURN DOWN SIKH HOMES, 
                          GURDWARA IN KASHMIR

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. TOWNS. Mr. Speaker, in March 2000 when President Clinton was 
visiting India, 35 Sikhs were murdered in cold blood in the village of 
Chithi Singhpora in Kashmir. Although the Indian government continues 
to blame alleged ``Pakistani militants,'' two independent 
investigations have proven that the Indian government was responsible 
for this atrocity.
  Now it is clear that this was part of a pattern designed to pit Sikhs 
and Kashmiri Muslims against each other with the ultimate aim of 
destroying both the Sikh and Kashmiri freedom movements. The Kashmir 
Media Service reported on May 28 that five Indian soldiers were caught 
red-handed in Srinagar trying to set fire to a Gurdwara (a Sikh temple) 
and some Sikh homes. The troops were overpowered by Sikh and Muslim 
villagers as they were about to sprinkle gunpowder on Sikh houses and 
the Gurdwara. Several other troops were rescued by the Border Security 
Forces. The villagers even seized a military vehicle, which the army 
later had to come and reclaim.
  At a subsequent protest rally, local leaders said that this incident 
was part of an Indian government plan to create communal riots. As 
such, it fits perfectly with the Chithi Singhpora massacre.
  Mr. Speaker, India has been caught red-handed trying to commit an 
atrocity to generate violence by minorities against each other. Now 
that the massive numbers of minorities the Indian government has 
murdered have been exposed, it is trying to get the minorities to kill 
each other. Instead they are

[[Page 12007]]

banding together to stop the government's sinister plan. The plan to 
create more bloodshed is backfiring on the Indian government.
  Such a plan is a tyrannical, unacceptable abuse of power. As the 
superpower in the world and the leader of the forces of freedom, we 
must take a stand against this tyrannical, terrorist activity. First, 
President Bush should reconsider the idea of lifting the sanctions 
against India. Those sanctions should remain in place until the Indian 
government learns to respect basic human rights. Until then, the United 
States should provide no aid to India. And to ensure the survival and 
success of freedom in South Asia, we should go on record strongly 
supporting self-determination for all the peoples and nations of South 
Asia in the form of a free and fair, internationally-monitored 
plebiscite on the issue of independence for Khalistan, Kashmir, 
Nagalim, and all the nations seeking their freedom. This is the best 
way to let freedom reign in all of South Asia and to create strong 
allies for America in that troubled region.
  Mr. Speaker, I would like to place the May 28 Kashmir News Service 
article on the Indian forces trying to burn the Gurdwara into the 
Record at this time for the information of my colleagues, especially 
those who defended India at the time of the Chithi Singhpora massacre.

             [From the Kashmir Media Service, May 28, 2001]

            Attempt to Set Ablaze Sikh Houses in IHK Foiled

       Srinagar--Evil forces behind incidents like collective 
     murder of Sikhs in Chatti Singhpora were publicly exposed 
     when the people frustrated the Task Forces' designs to set 
     ablaze Sikh houses and Gurdwara in Srinagar late Saturday 
     night.
       According to Kashmir Media Service, Muslims and Sikhs came 
     out of their houses in full force and over powered five of 
     the Indian troops who were about to sprinkle gun powder on 
     Sikhs' houses and adjoining Gurdwara in Alucha Bagh locality 
     with an intention to set them on fire.
       The people also seized a military vehicle, the Task Force 
     personnel were riding in. Twelve troops, however, succeeded 
     to escape. Later, the Border Security Force personnel rescued 
     the Task Force personnel. However, the captured vehicle was 
     retained by the people from which, petrol, hand grenades and 
     hundreds of tear gas shells were recovered.
       Former APHC Chairman, Syed Ali Gilani led an APHC 
     delegation, including Qazi Ahadullah and Abdul Khaliq Hanif, 
     to the site of the incident. A protest procession was taken 
     out in the locality. The protestors were addressed by Syed 
     Ali Gilani, Ranjiet Singh Sodi, Sardar Bali, Qazi Ahadullah 
     and Abdul Khaliq Hanif.
       Syed Ali Gilani recalled the collective murder of Sikhs in 
     Chatti Singhpora and said, now that India has invited 
     Pakistan's Chief Executive General Musharraf for talks, this 
     sinister plan had been hatched to vitiate the atmosphere by 
     creating communal riots.

     

                          ____________________



                        HONORING JANE E. NORTON

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                         Tuesday, June 26, 2001

  Mr. McINNIS. Mr. Speaker, I would like to take a moment to recognize 
a woman that has made numerous contributions to the State of Colorado 
and the United States. Jane Norton has served the State in various 
capacities over the years, and is currently being recognized by her 
alma mater Colorado State University for her varied accomplishments. As 
her friends, family and classmates gather to honor Jane Norton, I too 
would like to pay tribute to Jane. Clearly her hard work is worthy of 
the praise of Congress.
  Jane Norton received her Bachelor of Science in Health Sciences from 
Colorado State University in 1976. She went on to earn her Masters in 
Management from Regis University. After graduation Jane held many 
positions in the government. Most notably Jane was the regional 
director of the U.S. Department of Health and Human Services, under the 
administrations of President Ronald Reagan and President George Bush. 
While serving as the regional director, Jane received the U.S. Public 
Health Service Assistant Secretary's Award for Outstanding 
Accomplishment for increasing immunization rates. This is only one of 
many awards Jane received during her tenure as the regional director of 
the U.S. Department of Health and Human Services.
  Currently Jane runs a number of broad-based health and environmental 
protection programs ranging from disease prevention, family and 
community health services and emergency medical services and 
prevention. Jane is also Secretary of the State Board of Health, a 
Commissioned Officer for the Food and Drug Administration, and serves 
on the Board of Directors for the Regional Air Quality Council and 
Natural Resource Damages Trustee. Throughout her distinguished career, 
Jane has been and still is known to her friends and colleagues as a 
team player. Jane is not only a bright and intelligent woman, but also 
a woman with incredible people skills.
  As Jane receives distinction among her former classmates, Mr. 
Speaker, I would like to take this opportunity to thank her for her 
service to the United States of America. She has worked hard for this 
country, and her hard work is deserving of the recognition of Congress.

                          ____________________



                CESAR CHAVEZ DAY OF SERVICE AND LEARNING

                                 ______
                                 

                       HON. LUCILLE ROYBAL-ALLARD

                             of california

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                         Tuesday, June 26, 2001

  Ms. ROYBAL-ALLARD. Mr. Speaker, I rise today with my colleague Mr. 
Berman, to congratulate Governor Davis on the first annual Cesar Chavez 
Day of Service and Learning, funded through the Governor's Office on 
Service and Volunteerism (GO SERV).
  Cesar E. Chavez, a civil rights leader and community servant, 
committed his life to empowering people. He championed the cause of 
thousands of farm workers in order to improve their lives and 
communities and to work for social justice. Chavez believed that 
service to others was a way of life, not merely an occupation of an 
occasional act of charity. He forged a legacy of service, conviction 
and principled leadership. Californians celebrate and learn about the 
life and works of Chavez annually through civic engagement.
  On March 30, 2001, the Governor's Office on Service and Volunteerism 
commemorated the first annual Cesar Chavez Day of Service and Learning 
by involving K-12 students in service and teaching children about the 
life and work of Cesar E. Chavez. Individuals, business and community 
members, teachers and school children came together to perform 
meaningful service projects to honor the principles by which Chavez 
conducted his life. GO SERV awarded grants to 71 projects which 
performed community activities, such as community garden projects, 
mural painting, theater/teatro performances, environmental restoration 
projects, community beautification activities, and agricultural/
farmworker projects. As a result of these partnerships, over 300,000 
students engaged in service activities to honor Cesar E. Chavez.
  One striking example was a program in Orange County. At the Orange 
County Cesar Chavez Day initiative, over 500 4th grade students 
participated in gleaning fields and harvesting crops. All of the food 
gathered was donated to the Second Harvest Food Bank which distributed 
the food locally. Over 25,000 pounds of cabbage, radishes, carrots, 
onions, romaine, iceberg and butter lettuce was gathered as a result of 
the program. In addition to gathering food, students planted over 800 
seedlings. In June, the program will engage over 400 additional 4th 
grade students in the program to harvest crops for donation to the Food 
Bank. The activities are a fitting introduction for students to the 
life and work of Cesar E. Chavez.
  Another program called Barrios Unidos, a nonprofit organization 
dedicated to violence prevention, developed Cesar Chavez service clubs 
to commemorate Cesar Chavez Day. Barrios Unidos commemorated the day in 
seven sites statewide including Santa Cruz, San Mateo, Salinas, Fresno, 
Santa Monica, Venice, and San Diego. Through these Cesar Chavez clubs, 
youth participated in community beautification projects while learning 
about the life and values of Chavez. In Santa Monica for example, 
people joined to celebrate the day by cleaning up Virginia Avenue Park 
and painting a 20-foot long mural depicting city life.
  GO SERV worked in conjunction with Senator Richard Polanco's office, 
the Cesar E. Chavez Foundation, the Chavez family, and the Department 
of Education to promote the first annual Cesar Chavez Day of Service 
and Learning. We are proud of the undertakings of the first annual 
Cesar Chavez Day of Service and Learning and look forward to continuing 
to seeing the impact GO SERV will have in our

[[Page 12008]]

community while commemorating and teaching Californians about the 
legacy of Cesar E. Chavez.

                          ____________________



 WOMEN AND CHILDREN IN AMERICA DENIED VITAL MEDICAL AND FOOD BENEFITS 
                     BECAUSE OF IMMIGRATION STATUS

                                 ______
                                 

                               speech of

                          HON. SILVESTRE REYES

                                of texas

                    in the house of representatives

                         Monday, June 25, 2001

  Mr. REYES. Mr. Speaker, I am here to convey my strong support for the 
``Healthy Solutions for America's Hardworking Families'' package 
developed to provide critical health, nutrition, and protection 
benefits to legal permanent resident children and women. This package 
includes three pieces of legislation that take steps to address some of 
the most blatant gaps in our nation's effort to help those legally here 
in our country in times of greatest need.
  As Chair of the Congressional Hispanic Caucus and as a Member whose 
district includes a large Hispanic community, one of my top priorities 
is to advocate for the fair treatment of hard-working, tax paying 
families. The Immigrant Children's Health Protection Improvement Act, 
H.R. 1143, gives States the option of providing basic health care 
coverage to legal permanent resident children and pregnant women who 
arrived in the U.S. after August 22, 1996. As a result of the 1996 
reforms, lawfully present children and pregnant women who arrived in 
the US after 1996 must wait five years before they can apply for basic 
health care.
  Because many of these recent immigrants are concentrated in low-
paying, low-benefit jobs, these hard-working, tax-paying families, like 
so many citizens in our country, simply cannot afford private health 
care coverage. Thus, this vulnerable population cannot obtain proper 
health treatment such as preventative and prenatal care. Many are 
forced to delay care and rely on emergency room services to receive 
treatment. I believe this is an unacceptable risk for any American, as 
well as for current legal immigrants and their future American 
children.
  The Congressional Budget Office estimated last year that this 
legislation would provide coverage to insure 130,000 children and 
50,000 mothers per year who have followed the rules and are in this 
country legally. In light of the fact that the Hispanic population is 
the most uninsured in our country, with over 33 percent having no 
coverage, this legislation is a critical step in meeting this need.
  A second component of this package is the Nutrition Assistance for 
Working Families and Seniors Act, H.r. 2142, which would permit 
qualified legal immigrants to obtain food stamps regardless of their 
date of entry. The majority of those impacted would be in low-income 
families with children and elderly. I have seen first hand, in my 
district, the detrimental affects of hunger and under-nutrition. Hungry 
children are more likely to suffer from adverse health effects and 
studies show that hunger has a negative impact on a child's ability to 
learn. Furthermore, pregnant women who are undernourished are more 
likely to have children with low birth weights, Likely leading to 
developmental delays.
  This important bipartisan legislation is widely supported and 
endorsed by many, including the National Conference of State 
Legislatures, National Association of Counties, U.S. Conference of 
Mayors, and the National Governor's Association. Restoring this 
component of our nation's safety net system is not only critical step 
toward ending hunger in our country, it is just simply the right thing 
to do.
  Finally, the third bill in the Healthy Solutions package is the Women 
Immigrant's Safe Harbor Act, H.R. 2258, which would allow legal 
immigrants who are victims of domestics violence to apply for 
critically needed safety services. These victims are frequently 
economically dependent on their abusers and isolated from their support 
networks. I believe we must do everything we can to support victims of 
abuse and get them on a path toward a better life.
  Mr. Speaker, restoring Medicaid and SCHIP, nutrition, and protection 
services to this group is simply good public policy, but more 
importantly, the provisions in the ``Healthy Solutions for America's 
Hardworking Families'' packages can mean the difference between life 
and death. We cannot let these children and mothers down. I urge my 
colleagues to support this important package.

                          ____________________



 WOMEN AND CHILDREN IN AMERICA DENIED VITAL MEDICAL AND FOOD BENEFITS 
                     BECAUSE OF IMMIGRATION STATUS

                                 ______
                                 

                               speech of

                         HON. SOLOMON P. ORTIZ

                                of texas

                    in the house of representatives

                         Monday, June 25, 2001

  Mr. ORTIZ. Mr. Speaker, I commend my colleague from Texas for 
organizing this Special Order to bring the attention of the House of 
Representatives to the state of health care--or lack thereof--along the 
Southwest Border of the United States.
  I represent a South Texas district that abuts the international 
border with Mexico. This part of the country is unique in so many ways, 
including the health needs and rampant poverty. Currently, the greatest 
health need in my district is the need for a comprehensive response to 
the rampant spread of tuberculosis in South Texas and elsewhere along 
the Southwest Border.
  Just today, the Centers for Disease Control announced that the rate 
of tuberculosis cases in Brownsville, Texas, is nearly five times the 
national rate.
  At least one doctor in the South Texas area has told me that there is 
a particularly frightening multiple-drug resistant form of tuberculosis 
that antibiotics just won't kill. I am told that this is spreading fast 
and is a nightmare for public health officials. It's an enormous 
problem. Cross-border dwellers, according to the medial community, are 
not good about following up on medical care and often do not finish 
drug therapies such as antibiotics. If you only take a little bit of 
antibiotics, it only takes care of a little bit of the problem and 
leaves the tuberculosis strong enough to come back again another day.
  I supported a resolution in the House that recognizes the importance 
of substantially increasing United States investment in international 
tuberculosis control in the Fiscal year 2002 foreign aid budget, which 
is what it will take to deal with the problem. This resolution also 
recognizes the importance of supporting and expanding domestic efforts 
to eliminate tuberculosis in the United States and calls on local, 
national and world leaders, including the President, to commit to 
putting an end to the worldwide tuberculosis epidemic.
  But as we all know, resolutions have no affect of law; they are 
merely words on paper on which all of us can agree. But the most 
fundamental job of Congress is to determine spending priorities, and we 
will not move forward on finding solutions to this problem without the 
full attention of Congress and other public policymakers.
  Our migration patterns, be they associated with economic 
circumstances, immigration between countries or just travel between 
countries, have made this challenge more significant. Today it is only 
tuberculosis, but that may not be the case tomorrow. This portends a 
real crisis for health care along the border if other simple or chronic 
diseases become resistant to medicine we have used so far to eradicate 
them.
  Another unique problem to the border and South Texas is the issue of 
safe water to drink. Often the people who are low-income and who live 
in the colonias, the unincorporated neighborhoods that have sprung up 
around municipalities, have no running water to drink. Generally, they 
will drink unsafe, unhealthy water and they get sick from it. These are 
the people least likely to have any kind of health insurance and are 
usually not even aware of programs like Medicaid that provide the most 
basic help for them.
  Mr. Speaker, I would like to pay special tribute to two great women 
who have gone to great lengths to ensure that the patients who need 
medications for tuberculosis get them: Dr. Elena Marin of Su Clinica 
Familiar and Paula Gomez, the Executive Director of the Brownsville 
Community Health Center. They have been an excellent source of 
information to me and other Members of Congress who share an interest 
in matters relating to health care, and I am enormously grateful to 
them for their service to South Texas and the nation.
  I join my colleague Ciro Rodriguez in support of the ``Healthy 
Solutions for America's Hardworking Families'' agenda. No agenda can 
fix everything, but it takes steps to address some of the most 
egregious gaps in our nation's effort to help new immigrants and those 
who have lived here for a while along the U.S.-Mexico border.
  I thank my colleague from Texas, the Chairman of the Congressional 
Hispanic Caucus Task Force on Health, for his diligence in bringing 
these matters before the House of Representatives.




                          ____________________


[[Page 12009]]

              HONORING THE MEMORY OF MR. KENNETH KRAKAUER

                                 ______
                                 

                          HON. KAREN McCARTHY

                              of missouri

                    in the house of representatives

                         Tuesday, June 26, 2001

  Ms. McCARTHY of Missouri. Mr. Speaker, I rise today to honor Kenneth 
Krakauer, whose death on June 16 is an incalculable loss to his loving 
family, cherished friends, and to our community. Ken touched the lives 
of many people through the inexhaustible energy and caring that he 
brought to every aspect of his life. He was a lifelong Kansas City 
resident and the great grandson of Bernhard Ganz, one of the first 
Jewish sellers in Kansas City.
  Throughout his life, Ken Krakauer remained extremely dedicated to his 
faith, country, and community. He served in the U.S. Army Air Corps 
where he flew 27 missions in the European Theatre and was awarded the 
Air Medal with Five Oak Leaf Clusters for his bravery. He played a 
significant role in and was devoted to many organizations in our 
community, including: Director of the Menorah Medical Center for 42 
years, Secretary of the Kansas City Crime Commission, Chairman and Co-
founder of the Kansas City Chapter of the American Jewish Community, 
Co-chairman of the Kansas City Chapter of the National Conference of 
Christians and Jews, and a Director of the Barstow School, Visiting 
Nurses Association, Blue Cross and Blue Shield, UMKC University 
Associates, Jewish Family Services, and the Jewish Community Relations 
Bureau to name a few. Ken Krakauer also was an important part of the 
Kansas City business community. After his Presidency of the Greater 
Kansas City Chamber of Commerce, The Kansas City Star praised him as 
``an unqualified success.'' His grandfather, Bernhard Adler, founded 
Adler's in 1894, and Ken became owner and President in 1956. Adler's 
was the place women of all ages shopped to find the latest in fashion. 
It was always a special occasion for me because of the high standard of 
service and quality in his stores. His staff reflected his love of 
helping people find the uniqueness in themselves.
  Ken Krakauer was instrumental in the founding of the Committee for 
County Progress (CCP) with community and civic leaders Bernie Hoffman, 
Jim Nutter, Sr., Charles Curry, Alex Petrovic, Sr., and Frank Sebree. 
The government reform movement in Jackson County resulted from their 
efforts. A charter form of government--modern, open and accessible--was 
created which was responsive to its citizens and inspired future 
generations of county leaders. I became active in the CCP, volunteering 
in local elections to keep the reform alive that Ken Krakauer achieved 
in the mid '60s as Chairman of the CCP. Through my friendship in high 
school with his daughter, a treasured relationship that has endured to 
this day, I came to revere Ken Krakauer for his sage political skills 
as well as his mentoring during my service in the Missouri General 
Assembly and my work in the United States Congress. I could always rely 
on his sound judgment and wisdom to assist me in sorting through the 
challenges I faced.
  Ken Krakauer's dedication to his community was matched only by his 
love for golf. He was a talented golfer at the University of Missouri 
where he was a captain of the golf team before graduating in 1938 from 
the School of Journalism. His passion for golf remained undiminished 
throughout his life as he served in leadership capacities in the Kansas 
City Golf Foundation, the Kansas City Golf Association, the Missouri 
Golf Association, the Junior Golf Foundation of Greater Kansas City, 
and the Missouri Seniors Golf Association. Ken Krakauer also authored 
numerous golf articles in ``Golf Digest'' and ``Golf Journal,'' as well 
as the book, ``When Golf Came to Kansas City,'' the 1986 winner of the 
National Golf Foundation's Eckhoff Award. He was instrumental in 
sponsoring college scholarships for area caddies through his 
participation as a member of the Western Golf Association's Evans 
Scholars program.
  Mr. Speaker, former U.S. Senator, Thomas F. Eagleton enjoyed Ken's 
friendship throughout his outstanding service to the people of 
Missouri. I wish to share his reflections with my colleagues:

       Ken Krakauer was a marvelous, steadfast friend. When I was 
     young and in my first statewide race for Attorney General of 
     Missouri, he supported me not for what I had done, but for 
     what he hoped I might do. Later when I was in the United 
     States Senate, he would occasionally drop me a note saying he 
     disagreed with a certain vote I had cast. Ken Krakauer 
     believed that an important part of friendship was candor. I 
     have enormous affection for Ken and his wife, Jane, and for 
     Randee and Rex. All of us will dearly miss this wonderful, 
     intelligent man, Ken Krakauer.

  Ken Krakauer loved his family and friends with a passion even death 
cannot diminish. Mr. Speaker, please join me in expressing our deepest 
sympathy to his devoted wife of 55 years, Jane Rieger Krakauer, his son 
and daughter-in-law, Rex Rieger and Xiaoning Krakauer, his daughter and 
son-in-law, Randee Krakauer Kelley and Michael J. Kelley, and his 
beloved grandchildren, who loved him as KK, Tyler Randal Greif and Eli 
Jordan Greif. Their unqualified love of ``KK'' was shared with 
neighborhood children, untold schoolmates and friends as you will find 
in the remarks by Georgia Lynch which follow.
  Mr. Speaker, I ask unanimous consent that the attached testimonial 
given by Georgia Lynch at the memorial service on Tuesday, June 19th 
follow my statement in the Congressional Record.

               Our Sweet Beloved Uncle Ken, June 17, 2001

       For those of you whom I do not know, I am Georgia Lynch. 
     Jim and I moved next door to Ken and Jane 27 years ago. We 
     had two little girls Megan and Kara, ages 5 and 3, and a 
     black lab named Ned. We had no family in Kansas City. 
     Immediately, Uncle Ken and Aunt Jane wrapped their arms 
     around us and for the next 27 years we had family, just 
     across the driveway. They have always been there for us, 
     taking the place of the family we lacked.
       Our little girls stopped at their back door to ask for 
     cookies, to show off their Halloween costumes, their Easter 
     dresses, their prom dresses, their wedding dresses. Uncle Ken 
     was there to talk about the problems of the day, to give 
     advice and direction, or just to give a hug and a kiss. He 
     was always there willing to be interviewed for school 
     projects and essays, a wealth of knowledge on the most 
     interesting subjects. He asked about their day, their 
     friends, their sports, their boyfriends and was important in 
     their lives. Dogs Megan and Charlie and then Jocko lived 
     there too and were the girls' playmates. Our dog Ned was a 
     problem when we first moved into our house. Our yard was not 
     fenced and he was running the neighborhood. Uncle Ken to the 
     rescue. He arranged for a man who lived in the country to 
     take Ned and care for him. Uncle Ken was forever retrieving 
     balls from his back yard that wandered over the fence, moving 
     bicycles from his driveway, buying cups of lemonade from the 
     girls' lemonade stands. Uncle Ken could always be counted on 
     to buy school trash bags, flowers, candy, help with Brownie 
     and Girl Scout projects, put a Band-Aid on a scratched knee. 
     How wonderful to have Uncle Ken across the driveway. The 
     girls knew he could look in our kitchen window and that he 
     knew everything that went on in the house next door.
       Ken loved the Kansas City Chiefs, and always listened with 
     great interest and concern to Jim's tales of adventure on the 
     gridiron. He seldom missed a game and was always there to 
     boost our spirits when we lost or give a strong pat on the 
     back when we won. He followed the children's little sports 
     too, gave directions on the art of roller skating and 
     mastering a bicycle. He could always be counted on to help 
     perfect a golf swing. His stories on Kansas City golf history 
     were amazing. His stories on Kansas City in general were 
     amazing. We listened and we learned.
       Our son Jake was born 19 years ago; Ken and Jane were at 
     the door when we brought him home from the hospital. Ken 
     asked us to reconsider calling the baby Jake, ``Sounds too 
     much like an old Jewish man rather than an Irish Catholic 
     baby boy.'' Ken said. ``Call him Michael or Patrick.'' But 
     no, it would stay Jake.
       Jake loved his Uncle Ken, as did Megan and Kara. He too 
     would knock on the back door asking for cookies and a chat. 
     Uncle Ken was so sweet with Jake, such a wonderful role model 
     for our young boy. A pat on the back, a bear hug, always a 
     ``How's it going Jake?'' And then, he would listen.
       Most days, when Jim was out of town, my newspapers would be 
     at my back door when I came down to the kitchen. How many 
     many mornings did I see the top of his head walk past my 
     kitchen window and hear the slight thump of Uncle Ken in his 
     bathrobe, delivering the news to the kitchen door? How many 
     times did I call him when the power went out, the alarms went 
     off, a strange sound was heard? He would show up at my back 
     door to see if we were OK, one time at 1:00 in the morning 
     dressed in his trench coat over his pajamas with a butcher 
     knife up his sleeve, ready to protect the children and me 
     from an intruder.
       Two weeks ago, Jim was babysitting our two-year-old 
     granddaughter Morgan Grace, on a Saturday afternoon. They 
     too, knocked on the Krakauers' back door. Aunt Jane was not 
     home but Uncle Ken was, and of course he brought them to the 
     kitchen table for a big chocolate brownie and milk. Papa 
     Lynch, Uncle Ken and now our grandbaby Morgan, continuing the 
     tradition of so many years with our next generation. Jim 
     said, as always, Uncle Ken talked with little Morgan one on 
     one, giving her his full and loving attention, and a great 
     time was had by all.
       What an anchor in our lives our Uncle Ken has been. He is 
     more than a neighbor, more than a friend, he is our Uncle 
     Ken, and we

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     love him deeply and completely. He will always be a part of 
     our lives. How we will miss his wave across the driveway. The 
     last thing he ever did when entering his house was always to 
     glance at our kitchen window before the garage door would 
     come down. Always checking on us in his loving way. How I 
     will miss those taillights pulling into the garage, the sound 
     of the car door slamming, and that sweet smile and wave 
     across the drive.