Congressional Record (Bound Edition), Volume 147 (2001), Part 1 - Congressional Record (Bound Edition), Volume 147 for January 3, 2001

[Congressional Record (Bound Edition), Volume 147 (2001), Part 1]
[Issue]
[Pages 1-64]
[From the U.S. Government Publishing Office, www.gpo.gov]

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107

VOLUME 147--PART 1

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.

SENATE--Wednesday, January 3, 2001

The third day of January being the day prescribed by the Constitution
of the United States for the annual meeting of the Congress, the Senate
assembled in its Chamber at the Capitol for the commencement of the 1st
session of the 107th Congress and at 12 noon was called to order by the
Vice President [Mr. Gore].
______

prayer

The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:
Let us pray:
Almighty God, Your glory fills this hallowed Senate Chamber. We exalt
You as Sovereign of our beloved Nation, and we are profoundly moved as
we prepare to witness the divine encounter between You and the
Senators-elect as they are sworn in. You have destined them for
greatness as leaders of our Nation. They are here by Your choice and
are accountable to You for how they lead this Nation under Your
guidance. May the awesome vows they take and the immense
responsibilities they assume bring them to true humility and to an
unprecedented openness to You. Save them from the seduction of power,
the addiction of popularity, and the aggrandizement of pride. Lord,
keep their priorities straight: You and their families first; the good
of the Nation second; consensus around truth third; party loyalties
fourth; and personal success last of all.
In the 107th Senate, equally divided between Republicans and
Democrats, grant them unity and effectiveness to work together to solve
problems and grasp the opportunities for our Republic at this
propitious time.
May they never forget that they are here to serve and not to be
served. Consistently replenish the reserves of their strength and their
courage so often drained by pressure and stress. Anoint their minds
with Your Spirit and guide them as they seek to know and do Your will
in the crucial issues before our Nation. We believe that this can be
America's finest hour awaiting leaders imbued with Your power. God of
Abraham, Isaac, and Jacob and the Lord Jesus Christ, You are our Lord
and Saviour. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable Harry Reid, a Senator from the State of Nevada, 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.

____________________

RECOGNITION OF THE MAJORITY LEADER

The VICE PRESIDENT. The majority leader, Senator Daschle, is
recognized.
(Applause, Senators rising.)

____________________

A HISTORIC DAY

Mr. DASCHLE. Mr. President, on behalf of the entire Senate, but
especially this Senator, I welcome you back to the Senate. This is a
historic day. Never before in the history of our Nation have we had a
50-50 Senate. I welcome and congratulate all 11 of our newly elected
Senators and the family members and friends who are here to share this
important day with them.
Years after he left the White House, Harry Truman wrote that the
decade he spent in the Senate were the happiest years of his life. As
our new colleagues begin their Senate careers, we hope that they, too,
are beginning what will be the happiest years of their lives.
Several of our departing colleagues are also here with us today. To
them we say thank you: Thank you for sharing with us and with our
Nation some of the best years of your lives, thank you for the
contributions you have made to our Nation during your years of public
life, and thank you for the important contributions you will continue
to make in the coming years. It has been a pleasure and an honor to
work with each of you.
The writer Thomas Wolfe said that America is a place where miracles
not only happen, they happen all the time. Today we are experiencing
one of those miracles: The peaceful transition of power from one
Congress to the other. Some people say it will take another miracle for
this Congress and administration to find a way to work together. As we
begin this historic Congress, let us resolve that we will work in good
faith with each other to do the people's business. That is our pledge
from this side of the aisle. We know our colleagues on the other side
of the aisle feel as we do.
Finally, on a personal note, it is a high honor to have the privilege
of officially opening this Senate. When I first ran for Democratic
leader 6 years ago, I thought if I won, I would be majority leader. I
must confess that in 6 years as minority leader, I had a moment or two
when I wondered if that day would ever arrive, but I assure you, I
intend to savor every one of the next 17 days.
I know we are all looking forward to a bipartisan and a productive
107th Congress that will serve our country well. It is an honor to be a
part of this Congress and to be able to work, once again, with my
friend and my colleague, Senator Lott.
I now ask unanimous consent that the Republican leader be permitted
to speak.
The VICE PRESIDENT. Without objection, it is so ordered. The minority
leader, Senator Lott, is recognized.
(Applause, Senators rising.)
Mr. LOTT. Thank you, Mr. President.

____________________

THANKING THE VICE PRESIDENT

Mr. LOTT. I appreciate the courtesy of the distinguished majority
leader for this opportunity to speak.
I want to extend also the appreciation of the Senate and a grateful
Nation to the Presiding Officer, the Vice President of the United
States, for the service he has given to our country.
(Applause, Senators rising.)
The VICE PRESIDENT. The Chair will remind the Senate that boisterous
demonstrations are against the rules.
(Laughter.)
Mr. LOTT. It is obvious, Mr. President, you still maintain your sense
of humor. I want to thank you for your leadership and also for the
example you have set through a very difficult time. You took the
appropriate step, and now we are prepared to move into a transition and
to a new administration.

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Facing New Challenges

Here in the Senate also we are having a historic experience. I would
like to welcome all of the new Senators who are joining us today. I
congratulate them. I look forward to working with the new Senators on
both sides of the aisle.
As Senator Daschle said, I also extend, again, our appreciation to
the Senators who may be in the Chamber and who are retiring or leaving
the Senate, who have served, most of them, for at least 6 years and
some for much longer than that. They have done a lot to make this
country a better place in which to live.
I also extend our appreciation to the extended family of the Senate,
our staff members new and old, and to the families who are in the
gallery today. I realize we should not be referring to those in the
gallery, but there are a lot of people who have made an awful lot of
contributions and sacrifices to make this day possible for us in the
Chamber. So we have a lot of people we need to thank, and also to
realize that we are in a position where we can make this an even better
country.
To the new Members, I urge them to take a look around and think about
the challenges and opportunities they will have here. It is a unique
institution, created by the founders of this Republic. Quite often we
are frustrated with the rules--frustrated even today that we are going
through this unique situation--but they had a lot of foresight. They
created this unique Senate that makes sure we take the time to think
through an issue and to have full debate. And while sometimes we
believe, on one side or the other, that we did not have an ample
opportunity for debate, I am sure we are going to work together to find
a way to give everybody that opportunity over the next 6 years.
For those of us who have been here a few years, we also face new
challenges. We have one today. I must say it is the first time I have
ever been referred to as the minority leader. And while it beats
certain alternatives, I liked the other title better. But we are
showing here today--and hope we will show during the next 17 days and,
more importantly, during the months beyond--that we will always find a
way to work together.
It is quite often not easy to find consensus, as is forced upon us
quite often in the Senate, but we must strive for it. Quite often
Senator Daschle and I do our very best to find a logical solution to a
problem, and we have 98 other Senators who may not agree with us, but
we will continue to work together to make this great Republic--the
best, most outstanding the minds of men have ever created--work as it
should.
I look around the Chamber, on both sides of the aisle, and I see men
and women with the potential to raise this country to an even higher
level, to our highest and our best. I will work as the leader of my
party, and in 17 days as the majority leader of the Senate, to find a
way to make that possible.
One bit of information from a housekeeping standpoint. We will have
some housekeeping resolutions that we will do in a moment. One of them
is to begin the introduction of bills on January 22. Senators should be
prepared to have bills ready. Senator Daschle and I have already talked
about the fact that we will do the usual five alternating from one side
to the other. We will do that for the first 20 bills. There will be a
lot of other announcements Senator Daschle and I will make.
So thank you for this opportunity. I thank you on my side of the
aisle for this leadership role. Together we will go forward.
I yield the floor.

____________________

CERTIFICATES OF ELECTION AND CREDENTIALS

The VICE PRESIDENT. The Chair lays before the Senate the various
credentials of Senators elected for 6-year terms beginning on January
3, 2001, elected to fulfill the remainder of an unexpired term, or
appointed to fill a vacancy.
All certificates, the Chair is advised, are in the form suggested by
the Senate or contain all the essential requirements of the form
suggested by the Senate. If there be no objection, the reading of the
above-mentioned certificates will be waived, and they will be printed
in full in the Record.
There being no objection, the documents ordered to be printed in the
Record are as follows:

State of Hawaii

Certificate of Election for Six-Year Term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November
2000, Daniel K. Akaka was duly chosen by the qualified
electors of the State of Hawaii a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Witness: His excellency our governor, Benjamin J. Cayetano
and our seal hereto affixed at Honolulu this 27th day of
November, in the year of our Lord 2000.
By the Governor:
Benjamin J. Cayetano,
Governor.
____

Commonwealth of Virginia

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
George F. Allen was duly chosen by the qualified electors of
the Commonwealth of Virginia, as Senator from said
Commonwealth to represent said Commonwealth in the Senate of
the United States for the term of six years, beginning on the
3rd day of January, 2001.
Witness: His excellency our Governor James S. Gilmore, III,
and our seal hereto affixed at Richmond, Virginia this 14th
day of December, in the year of our Lord 2000.
James S. Gilmore,
Governor.
____

State of New Mexico

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Jeff Bingaman was duly chosen by the qualified electors of
the State of New Mexico, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Witness: His excellency our governor Gary Johnson, and our
seal hereto affixed at Santa Fe this 8th day of December, in
the year of our Lord 2000.
By the Governor:
Gary Johnson,
Governor.
____

State of Montana

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Conrad Burns was duly chosen by the qualified electors of the
State of Montana, a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Marc Racicot, and our
seal hereto affixed at Helena, Montana, this 27th day of
November, in the year of our Lord 2000.
By the Governor:
Marc Racicot,
Governor.
____

State of West Virginia

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November,
2000, Robert C. Byrd was duly chosen by the qualified
electors of the State of West Virginia a Senator from said
State to represent said State in the Senate of the United
States for the term of six years, beginning on the third day
of January, 2001.
Witness: His excellency our governor Cecil Underwood and
our seal hereto affixed at Charleston this Eleventh day of
December, in the year of our Lord 2000.
By the Governor:
Cecil Underwood,
Governor.
____

State of Washington

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November, two
thousand, Maria Cantwell was duly chosen by the qualified
electors of the State of Washington a Senator from said state
to represent said state in the Senate of the United States
for a term of six years, beginning on the third day of
January, two thousand and one.
In witness whereof, I have hereunto set my hand and caused
the Seal of the State of Washington to be affixed at Olympia
this seventh day of December, A.D., two thousand.
Gary Locke,
Governor.

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____
State of Missouri

certificate of appointment

To the President of the Senate of the United States:
This is to certify that, pursuant to the power vested in me
by the Constitution of the United States and the laws of the
State of Missouri, I, Roger B. Wilson, the Governor of said
State, do hereby appoint Jean Carnahan, a Senator from said
State to represent said State in the Senate of the United
States commencing at noon on the 3rd day of January, 2001,
until the vacancy therein, caused by operation of law, is
filled by election as provided by law.
Witness: His Excellency our Governor Roger B. Wilson, and
our seal hereto affixed at Jefferson City, Cole County,
Missouri this 4th day of December, in the year of our Lord
2000.
By the Governor:
Roger B. Wilson,
Governor.
____

State of Delaware

certificate of election for a six-year term

To the President of the Senate of the United States:
Be it known, an election was held in the State of Delaware,
on Tuesday, the seventh day of November, in the year of our
Lord two thousand, that being the Tuesday next after the
first Monday in said month, in pursuance of the Constitution
of the United States and the Constitution and Laws of the
State of Delaware, in that behalf, for the election of a
Senator for the people of the said State, in the Senate of
the United States.
And whereas, the official certificates or returns of said
election, held in the several counties of the said State, in
due manner made out, signed and executed, have been delivered
to me according to the laws of the said State, by the
Superior Court of said counties; and having examined said
returns, and enumerated and ascertained the number of votes
for each and every candidate or person voted for, for such
Senator, I have found Thomas R. Carper to be the person
highest in vote, and therefore duly elected the Senator of
and for the said State in the Senate of the United States for
the Constitutional term to commence at noon on the third day
of January in the year of our Lord two thousand one.
I, the said Thomas R. Carper, Governor, do therefore,
according to the form of the Act of the General Assembly of
the said State and of the Act of Congress of the United
States, in such case made and provided, declare the said
Thomas R. Carper the person highest in vote at the election
aforesaid, and therefore duly and legally elected Senator of
and for the said State of Delaware in the Senate of the
United States, for the Constitutional term to commence at
noon on the third day of January in the year of our Lord two
thousand one.
Given under my hand and the Great Seal of the said State,
in obedience to the said Act of the General Assembly and of
the said Act of Congress, at Dover, the 4th day of December
in the year of our Lord two thousand and in the year of the
Independence of the United States of America the two hundred
and twenty-fourth.
By the Governor:
Thomas R. Carper,
Governor.
____

State of Rhode Island

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Lincoln D. Chafee was duly chosen by the qualified electors
of the State of Rhode Island, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Witness: To the signature of his Excellency our Governor
Lincoln C. Almond, and our seal hereto affixed at Providence,
this 21st day of November, 2000.
By the Governor:
Lincoln C. Almond,
Governor.
____

State of New York

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November, two
thousand, Hillary Rodham Clinton was duly chosen by the
qualified electors of the State of New York a Senator from
said State to represent said State in the Senate of the
United States for a term of six years, beginning on the third
day of January two thousand one.
Witness: His excellency our Governor George E. Pataki, and
our seal hereto affixed at Albany, New York, this twelfth day
of December in the year two thousand.
By the Governor:
George E. Pataki,
Governor.
____

State of North Dakota

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Kent Conrad was duly chosen by the qualified electors of the
State of North Dakota a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our Governor Edward T. Schafer, and
our seal hereto affixed at Bismarck this 27th day of
November, in the year of our lord 2000.
By the Governor:
Edward T. Schafer,
Governor.
____

State of New Jersey

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Jon S. Corzine, was duly chosen by the qualified electors of
the State of New Jersey, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Given, under my hand and the Great Seal of the State of New
Jersey, this 8th day of December, in the year of Our Lord two
thousand.
By the Governor:
Christine Todd Whitman,
Governor.
____

State of Minnesota

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Mark Dayton was duly chosen by the qualified electors of the
State of Minnesota, a Senator from said State to represent
said State in the Senate of the United States for a term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Jesse Ventura, and our
seal hereto affixed at Saint Paul this 11th day of December,
2000.
By the Governor:
Jesse Ventura,
Governor.
____

State of Ohio

certificate of election

To the President of the Senate of the United States:
This is to certify that on the 7th day of November 2000,
Mike DeWine was duly elected by the qualified electors of the
State of Ohio as the Senator from said State in the Senate of
the United States for the term of six years, beginning on the
third day of January, 2001.
In testimony whereof, I have hereunto subscribed my name
and caused the great seal of the State of Ohio to be hereto
affixed at Columbus, Ohio, this 15th day of December, in the
year of our Lord 2000.
By the Governor:
Bob Taft,
Governor.
____

State of Nevada

certificate of election united states senate six year term

To the President of the Senate of the United States:
This is to certify that at a general election held in the
State of Nevada on Tuesday, the seventh day of November, two
thousand, John Ensign was duly elected a Member of the United
States Senate, in and for the State of Nevada, for the term
of six years from and after the third day of January, two
thousand one, and until his successor is elected and
qualified:
Now, Therefore, I Kenny C. Guinn, Governor of the State of
Nevada, by the authority in me invested by the Constitution
and laws thereof, do hereby Commission him, the said John
Ensign, as a Member of the United States Senate, for the
State of Nevada, and authorize him to discharge the duties of
said office according to law, and to hold and enjoy the same,
together with all powers, privileges and emoluments
thereunder appertaining.
In testimony thereof, I have hereunto set my hand and
caused the Great Seal of the State of Nevada to be affixed at
the State Capitol at Carson City, this 4th day of December,
two thousand.
Kenny C. Guinn,
Governor.
____

State of California

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Dianne Feinstein was duly chosen by the qualified electors of
the State of California, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.

[[Page 4]]

Witness: His excellency our governor Gray Davis, and our
seal hereto affixed at Sacramento this 16th day of December,
in the year of our Lord 2000,
By the Governor:
Gray Davis,
Governor.
____

State of Tennessee

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Bill Frist was duly chosen by the qualified electors of the
State of Tennessee as Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our Governor, Don Sundquist, and
our seal hereto affixed at Nashville this 28th day of
November, in the Year of our Lord, Two Thousand.
By the Governor:
Don Sundquist,
Governor.
____

State of Utah

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Orrin G. Hatch was duly chosen by the qualified electors of
the State of Utah, a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Michael O. Leavitt,
and our seal hereto affixed at Salt Lake City, this 1st day
of December, in the year of our Lord 2000.
By the Governor:
Michael O. Leavitt,
Governor.
____

State of Texas

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Kay Bailey Hutchison was duly chosen by the qualified
electors of the State of Texas, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Witness: His excellency our governor George W. Bush, and
our seal hereto affixed at Austin, Texas this 27th day of
November, in the year of our Lord 2000.
By the Governor:
George W. Bush,
Governor.
____

State of Vermont

certificate of election for six-year term

To the President of the Senate of the United States:
On November 14, 2000, the Statewide canvassing committee
met as required by Vermont law, and issued a Certificate of
Election to James M. Jeffords based upon the official return
of votes cast at the General Election held on November 7th,
2000.
This is to certify that on the 7th day of November, 2000,
James M. Jeffords was duly chosen by the qualified electors
of the State of Vermont, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd day of January,
2001.
Witness: His excellency our governor, Howard Dean, and our
seal hereto affixed at Montpelier, Vermont, this 14th day of
December in the year of our Lord 2000.
By the Governor:
Howard Dean,
Governor.
____

Commonwealth of Massachusetts

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November, in
the year two thousand, Edward M. Kennedy was duly chosen by
the qualified electors of the Commonwealth of Massachusetts a
Senator from said Commonwealth to represent said Commonwealth
in the Senate of the United States for the term of six years,
beginning on the third day of January, two thousand and one.
Witness: His Excellency, our Governor, Argeo Paul Cellucci,
and our seal hereto affixed at Boston, this sixth day of
December in the year of our Lord two thousand.
By His Excellency the Governor:
Paul Cellucci,
Governor.
____

State of Wisconsin

certificate of election as United States senator

To the President of the Senate of the United States:
This is to certify that on the 7th of November, 2000,
Herbert H. Kohl was duly chosen by the qualified electors of
the State of Wisconsin a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Tommy G. Thompson, and
our seal hereto affixed at Madison this 14th day of December,
2000.
By the Governor:
Tommy G. Thompson,
Governor.
____

State of Arizona

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November 2000,
Jon Kyl was duly chosen by the qualified electors of the
State of Arizona a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning the 3rd Day of January 2001.
Witness: Her excellency the Governor of Arizona, and the
Great Seal of the State of Arizona hereto affixed at the
Capitol in Phoenix this 27th day of November, 2000.
Jane Dee Hull,
Governor.
____

State of Connecticut

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to Certify that on the seventh day of November, two
thousand, Joe Lieberman was duly chosen by the qualified
electors of the State of Connecticut a Senator from said
State to represent said State in the Senate of the United
States for the term of six years, beginning on the third day
of January, two thousand and one.
Witness: His Excellency our Governor, John G. Rowland and
our seal hereto affixed at Hartford, this twenty-ninth of
November, in the year of our Lord two thousand.
John G. Rowland,
Governor.
____

State of Mississippi

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Trent Lott was duly chosen by the qualified electors of the
State of Mississippi, a Senator from said State to represent
the State of Mississippi in the Senate of the United States
for the term of six years, beginning on the 3rd Day of
January, 2001.
Witness: His Excellency our Governor Ronnie Musgrove, and
our seal hereto affixed at 10:30 a.m. this 12th day of
December, in the year of our Lord 2000.
By the Governor:
Ronnie Musgrove,
Governor.
____

State of Indiana

certificate of election for a six-year term

Be it known by these presents:
Whereas, according to certified statements submitted by the
Circuit Court Clerks of the several counties to the Election
Division of the Office of the Secretary of State of Indiana,
and based upon a tabulation of those statements performed by
the Election Division, the canvass prepared by the Election
Division states that at the General Election conducted on the
seventh day of November, 2000, the electors chose Richard G.
Lugar to serve the People of the State of Indiana as United
States Senator from Indiana.
Now, therefore, in the name of and by the authority of the
State of Indiana, I certify the following in accordance with
title 2 United States Code Section 1:
To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Richard G. Lugar was duly chosen by the qualified electors of
the Senate of Indiana a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Frank O'Bannon, and
our seal hereto affixed at Indianapolis, this thirtieth day
of November, in the year of our Lord, 2000.
By the Governor:
Frank O'Bannon,
Governor.
____

State of Georgia

certificate of election for unexpired term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Zell Miller was duly chosen by the qualified electors of the
State of Georgia, a Senator for the unexpired term ending at
noon on the 3rd day of January, 2005, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the death of Paul Coverdell.
Witness: His Excellency our governor Roy E. Barnes, and our
seal hereto affixed at Atlanta, Ga. this 7th day of December,
in the year of our Lord 2000.
Roy E. Barnes,
Governor.

[[Page 5]]

____
State of Nebraska

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Ben Nelson was duly chosen by the qualified electors of the
State of Nebraska, a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor Mike Johanns, and our
seal hereto affixed at Lincoln, Nebraska this 11th day of
December, in the year of our Lord 2000.
By the Governor:
Mike Johanns,
Governor.
____

State of Florida

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the Seventh day of November,
2000, Bill Nelson was duly chosen by the qualified electors
of the State of Florida, a Senator from said State to
represent said State in the Senate of the United States for
the term of six years, beginning on the 3rd of January, 2001.
Witness: His excellency our governor, Jeb Bush, and our
seal hereto affixed at Tallahassee, this Twenty-seventh day
of November in the year of our Lord 2000.
By the Governor:
Jeb Bush,
Governor.
____

Commonwealth of Pennsylvania

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November,
2000, Rick Santorum was duly chosen by the qualified electors
of the Commonwealth of Pennsylvania as a United States
Senator to represent Pennsylvania in the Senate of the United
States for a term of six years, beginning on the third day of
January, 2001.
Witness: His excellency our Governor Thomas J. Ridge, and
our seal hereto affixed at Harrisburg this fourteenth day of
December, in the year of our Lord, 2001.
By the Governor:
Thomas J. Ridge,
Governor.
____

State of Maryland

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Paul S. Sarbanes was duly chosen by the qualified voters of
the State of Maryland a Senator from said State to represent
said State in the Senate of the United States for a term of
six years, beginning on the 3rd day of January, 2001.
Witness: His Excellency our Governor Parris N. Glendening,
and our seal hereto affixed at the City of Annapolis, this
7th day of December, in the Year of Our Lord, Two Thousand.
Parris N. Glendening,
Governor.
____

State of Maine

certificate of election for a six-year term

To the President of the Senate of the United States:
This is to certify that on the seventh day of November in
the year Two Thousand, Olympia J. Snowe was duly chosen by
the qualified electors of the State of Maine, a Senator from
said State to represent said State in the Senate of the
United States for the term of six years, beginning on the
third day of January in the year Two Thousand and One.
Witness: His excellency our Governor, Angus S. King, Jr.,
and our seal hereto affixed at Augusta, Maine this sixth day
of December, in the year of our Lord Two Thousand.
By the Governor:
Angus S. King, Jr.,
Governor.
____

State of Michigan

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Debbie Stabenow was duly chosen by the qualified electors of
the State of Michigan a Senator from said State to represent
said State in the Senate of the United States for the term of
six years, beginning on the 3rd day of January, 2001.
Given under my hand and the Great Seal of the State of
Michigan this 14th day of December, in the Year of our Lord,
Two Thousand.
By the Governor:
John Engler,
Governor.
____

State of Wyoming

certificate of election for six-year term

To the President of the Senate of the United States:
This is to certify that on the 7th day of November, 2000,
Craig Thomas was duly chosen by the qualified electors of the
State of Wyoming, a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3rd day of January, 2001.
Witness: His excellency our governor, Jim Geringer, and our
seal hereto affixed at the Wyoming State Capitol, Cheyenne,
Wyoming, this 22nd day of November, in the year of our Lord
2000.
By the Governor:
Jim Geringer,
Governor.

____________________

ADMINISTRATION OF OATH OF OFFICE

The VICE PRESIDENT. If the Senators to be sworn will now present
themselves at the desk in groups of four as their names are called in
alphabetical order, the Chair will administer their oaths of office.
The clerk will now read the names of the first group.
The legislative clerk called the names of Mr. Akaka, Mr. Allen, Mr.
Bingaman, and Mr. Burns.
These Senators, escorted by Mr. Inouye, Mr. Domenici, Mr. Warner, and
Mr. Baucus, respectively, advanced to the desk of the Vice President,
the oath prescribed by law was administered to them by the Vice
President, and they severally subscribed to the oath in the Official
Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Byrd, Ms. Cantwell,
Mrs. Carnahan, and Mr. Carper.
These Senators, escorted by Mr. Rockefeller, Mrs. Murray, Mr. Bond,
and Mr. Biden, respectively, advanced to the desk of the Vice
President, the oath prescribed by law was administered to them by the
Vice President, and they severally subscribed to the oath in the
Official Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Chafee, Mrs. Clinton,
Mr. Conrad, and Mr. Corzine.
These Senators, escorted by Mr. Reed, Mr. Schumer, Mr. Dorgan, and
Mr. Torricelli, respectively, advanced to the desk of the Vice
President, the oath prescribed by law was administered to them by the
Vice President, and they severally subscribed to the oath in the
Official Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Dayton, Mr. DeWine, Mr.
Ensign, and Mrs. Feinstein.
These Senators, escorted by Mr. Wellstone, Mr. Lugar, Mr. Reid, and
Mrs. Boxer, respectively, advanced to the desk of the Vice President,
the oath prescribed by law was administered to them by the Vice
President, and they severally subscribed to the oath in the Official
Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Frist, Mr. Hatch, Mrs.
Hutchison, and Mr. Jeffords.
These Senators, escorted by Mr. Thompson, Mr. Bennett, Mr. Gramm, and
Mr. Leahy, respectively, advanced to the desk of the Vice President,
the oath prescribed by law was administered to them by the Vice
President, and they severally subscribed to the oath in the Official
Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Kennedy, Mr. Kohl, Mr.
Kyl, and Mr. Lieberman.

[[Page 6]]

These Senators, escorted by Mr. Kerry, Mr. Feingold, Mr. McCain, and
Mr. Dodd, respectively, advanced to the desk of the Vice President, the
oath prescribed by law was administered to them by the Vice President,
and they severally subscribed to the oath in the Official Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Lott, Mr. Lugar, Mr.
Miller, and Mr. Nelson of Florida.
These Senators, escorted by Mr. Cochran, Mr. Bayh, Mr. Cleland, and
Mr. Graham, respectively, advanced to the desk of the Vice President,
the oath prescribed by law was administered to them by the Vice
President, and they severally subscribed to the oath in the Official
Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the next group.
The legislative clerk called the names of Mr. Nelson of Nebraska, Mr.
Santorum, Mr. Sarbanes, and Ms. Snowe.
These Senators, escorted by Mr. Hagel, Mr. Lott, Ms. Mikulski, and
Ms. Collins, respectively, advanced to the desk of the Vice President,
the oath prescribed by law was administered to them by the Vice
President, and they severally subscribed to the oath in the Official
Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The clerk will read the names of the last group.
The legislative clerk called the names of Ms. Stabenow and Mr.
Thomas.
These Senators, escorted by Mr. Levin and Mr. Enzi, respectively,
advanced to the desk of the Vice President, the oath prescribed by law
was administered to them by the Vice President, and they severally
subscribed to the oath in the Official Oath Book.
The VICE PRESIDENT. Congratulations.
(Applause, Senators rising.)
The VICE PRESIDENT. The majority leader is recognized.

____________________

CALL OF THE ROLL

Mr. DASCHLE. Mr. President, I suggest the absence of a quorum.
The VICE PRESIDENT. The clerk will call the roll.
The legislative clerk proceeded to call the roll, and the following
Senators answered to their names:

[Quorum No. 1]

Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Bunning
Burns
Byrd
Cantwell
Carnahan
Carper
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden
The VICE PRESIDENT. A quorum is present.

List of Senators by States

(Republicans in Roman (50): Democrats in Italic (50): Total 100)

Alabama--Richard C. Shelby and Jeff Sessions.
Alaska--Ted Stevens and Frank Murkowski.
Arizona--John McCain and Jon Kyl.
Arkansas--Tim Hutchinson and Blanche L. Lincoln.
California--Dianne Feinstein and Barbara Boxer.
Colorado--Ben Nighthorse Campbell and Wayne Allard.
Connecticut--Christopher J. Dodd and Joseph I. Lieberman.
Delaware--Joseph R. Biden, Jr. and Thomas R. Carper.
Florida--Bob Graham and Bill Nelson.
Georgia--Max Cleland and Zell Miller.
Hawaii--Daniel K. Inouye and Daniel K. Akaka.
Idaho--Larry E. Craig and Michael D. Crapo.
Illinois--Richard Durbin and Peter G. Fitzgerald.
Indiana--Richard G. Lugar and Evan Bayh.
Iowa--Chuck Grassley and Tom Harkin.
Kansas--Sam Brownback and Pat Roberts.
Kentucky--Mitch McConnell and Jim Bunning.
Louisiana--John B. Breaux and Mary L. Landrieu.
Maine--Olympia J. Snowe and Susan M. Collins.
Maryland--Paul S. Sarbanes and Barbara A. Mikulski.
Massachusetts--Edward M. Kennedy and John F. Kerry.
Michigan--Carl Levin and Debbie Stabenow.
Minnesota--Paul D. Wellstone and Mark Dayton.
Mississippi--Thad Cochran and Trent Lott.
Missouri--Christopher S. Bond and Jean Carnahan.
Montana--Max Baucus and Conrad R. Burns.
Nebraska--Chuck Hagel and E. Benjamin Nelson.
Nevada--Harry Reid and John Ensign.
New Hampshire--Bob Smith and Judd Gregg.
New Jersey--Robert Torricelli and Jon S. Corzine.
New Mexico--Pete V. Domenici and Jeff Bingaman.
New York--Charles E. Schumer and Hillary Rodham Clinton.
North Carolina--Jesse Helms and John Edwards.
North Dakota--Kent Conrad and Byron L. Dorgan.
Ohio--Mike DeWine and George V. Voinovich.
Oklahoma--Don Nickles and James M. Inhofe.
Oregon--Ron Wyden and Gordon H. Smith.
Pennsylvania--Arlen Specter and Rick Santorum.
Rhode Island--Jack Reed and Lincoln Chafee.
South Carolina--Strom Thurmond and Ernest F. Hollings.
South Dakota--Thomas A. Daschle and Tim Johnson.
Tennessee--Fred Thompson and William H. Frist.
Texas--Phil Gramm and Kay Bailey Hutchison.
Utah--Orrin G. Hatch and Robert F. Bennett.
Vermont--Patrick J. Leahy and James M. Jeffords.
Virginia--John W. Warner and George Allen.
Washington--Patty Murray and Maria Cantwell.
West Virginia--Robert C. Byrd and John D. Rockefeller, IV.
Wisconsin--Herb Kohl and Russell D. Feingold.
Wyoming--Craig Thomas and Michael B. Enzi.

____________________

INFORMING THE PRESIDENT OF THE UNITED STATES THAT A QUORUM OF EACH
HOUSE IS ASSEMBLED

Mr. DASCHLE. Mr. President, I send a resolution to the desk and ask
for its immediate consideration.
The VICE PRESIDENT. The clerk will report the resolution by title.
The legislative clerk read as follows:

A resolution (S. Res. 1) informing the President of the
United States that a quorum of each House is assembled.

The VICE PRESIDENT. Without objection, the resolution is agreed to.
The resolution (S. Res. 1) was agreed to, as follows:

S. Res. 1

Resolved, That a committee consisting of two Senators be
appointed to join such committee as may be appointed by the
House of Representatives to wait upon the President of the
United States and inform him that a quorum of each House is
assembled and that the Congress is ready to receive any
communication he may be pleased to make.

____________________

APPOINTMENT BY THE VICE PRESIDENT

The VICE PRESIDENT. Pursuant to Senate Resolution 1, the Chair
appoints the Senator from South Dakota [Mr. Daschle] and the Senator
from Mississippi [Mr. Lott] as a committee to join the committee on the
part of the House of Representatives to wait upon the President of the
United

[[Page 7]]

States and inform him that a quorum is assembled and that the Congress
is ready to receive any communication he may be pleased to make.

____________________

INFORMING THE HOUSE OF REPRESENTATIVES THAT A QUORUM OF THE SENATE IS
ASSEMBLED

A resolution (S. Res. 2) informing the House of
Representatives that a quorum of the Senate is assembled.

The VICE PRESIDENT. Without objection, the resolution is agreed to.
The resolution (S. Res. 2) was agreed to, as follows:

S. Res. 2

Resolved, That the Secretary inform the House of
Representatives that a quorum of the Senate is assembled and
that the Senate is ready to proceed to business.

____________________

ELECTION OF THE HONORABLE ROBERT C. BYRD AS PRESIDENT PRO TEMPORE AND
ELECTION OF THE HONORABLE STROM THURMOND AS PRESIDENT PRO TEMPORE

A resolution (S. Res. 3) to elect Robert C. Byrd, a Senator
from the State of West Virginia, to be President pro tempore
of the Senate of the United States, and to elect Strom
Thurmond, a Senator from the State of South Carolina, to be
President pro tempore of the Senate of the United States.

The PRESIDING OFFICER. Without objection, the resolution is agreed
to.
The resolution (S. Res. 3) was agreed to, as follows:

S. Res. 3

Resolved, That Robert C. Byrd, a Senator from the State of
West Virginia, be, and he is hereby, elected President of the
Senate pro tempore, to hold office until 12:00 meridian on
January 20, 2001, in accordance with rule I, paragraph 1, of
the Standing Rules of the Senate.
Sec. 2. That Strom Thurmond, a Senator from the State of
South Carolina, be, and he is hereby, elected President of
the Senate pro tempore, to hold office effective 12:00
meridian on January 20, 2001, in accordance with rule I,
paragraph 1, of the Standing Rules of the Senate.

The VICE PRESIDENT. The Senator from West Virginia.
(Applause, Senators rising.)
The Senator, escorted by Senator Daschle and Senator Lott, advanced
to the desk of the Vice President; the oath prescribed by law was
administered to Senator Byrd by the Vice President; and he subscribed
to the oath in the Official Oath Book.
(Applause, Senators rising.)
(The PRESIDENT pro tempore assumed the chair.)
(Applause, Senators rising.)
Mr. DASCHLE. Mr. President, we officially congratulate you on the
ascendancy to your new position.

____________________

NOTIFYING THE PRESIDENT OF THE UNITED STATES OF THE ELECTION OF A
PRESIDENT PRO TEMPORE

Mr. DASCHLE. I send a resolution to the desk and ask for its
immediate consideration.
The PRESIDENT pro tempore. The clerk will report the resolution by
title.
The legislative clerk read as follows:

A resolution (S. Res. 4) notifying the President of the
United States of the election of a President pro tempore.

The PRESIDENT pro tempore. The resolution is privileged.
Without objection, the resolution is agreed to.
The resolution (S. Res. 4) reads as follows:

S. Res. 4

Resolved, That the President of the United States be
notified of the election of Robert C. Byrd, a Senator from
the State of West Virginia, as President pro tempore.

____________________

NOTIFYING THE HOUSE OF REPRESENTATIVES OF THE ELECTION OF A PRESIDENT
PRO TEMPORE

Mr. DASCHLE. I send a resolution to the desk and ask for its
immediate consideration.
The PRESIDENT pro tempore. The clerk will report the resolution by
title.
The legislative clerk read as follows:

A resolution (S. Res. 5) notifying the House of
Representatives of the election of a President pro tempore of
the U.S. Senate.

The PRESIDENT pro tempore. Without objection, the resolution is
agreed to.
The resolution (S. Res. 5) reads as follows:

S. Res. 5

Resolved, That the House of Representatives be notified of
the election of Robert C. Byrd, a Senator from the State of
West Virginia, as President pro tempore.

____________________

FIXING THE HOUR OF DAILY MEETING

Mr. DASCHLE. I send a resolution to the desk and again ask for its
immediate consideration.
The PRESIDENT pro tempore. The clerk will state the resolution by
title.
The legislative clerk read as follows:

A resolution (S. Res. 6) fixing the hour of daily meeting
of the Senate.

The PRESIDENT pro tempore. Without objection, the resolution is
agreed to.
The resolution (S. Res. 6) reads as follows:

S. Res. 6

Resolved, That the daily meeting of the Senate be 12
o'clock meridian unless otherwise ordered.

____________________

PROVIDING FOR COUNTING OF ELECTORAL VOTES FOR PRESIDENT AND VICE
PRESIDENT

Mr. DASCHLE. Mr. President, I send a concurrent resolution to the
desk and now ask for its immediate consideration.
The PRESIDENT pro tempore. The clerk will state the title of the
concurrent resolution.
The legislative clerk read as follows:

A concurrent resolution (S. Con. Res. 1) to provide for the
counting on January 6, 2001, of the electoral votes for
President and Vice President of the United States.

The PRESIDENT pro tempore. This is a privileged resolution.
Without objection, the concurrent resolution is agreed to.
The Senate concurrent resolution (S. Con. Res. 1) reads as follows:

S. Con. Res. 1

Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress shall meet in
the Hall of the House of Representatives on Saturday, the 6th
day of January 2001, at 1 o'clock post meridian, pursuant to
the requirements of the Constitution and laws relating to the
election of President and Vice President of the United
States, and the President of the Senate shall be their
Presiding Officer; that two tellers shall be previously
appointed by the President of the Senate on the part of the
Senate and two by the Speaker on the part of the House of
Representatives, to whom shall be handed, as they are opened
by the President of the Senate, all the certificates and
papers purporting to be certificates of the electoral votes,
which certificates and papers shall be opened, presented, and
acted upon in the alphabetical order of the States, beginning
with the letter ``A''; and said tellers, having then read the
same in the presence and hearing of the two Houses, shall
make a list of the votes as they shall appear from the said
certificates; and the votes having been ascertained and
counted in the manner and according to the rules by law
provided, the result of the same shall be delivered to the
President of the Senate, who shall thereupon announce the
state of the vote, which announcement shall be deemed a
sufficient declaration of the persons, if any, elected
President and Vice President of the United States, and,
together with a list of the votes, be entered on the Journals
of the two Houses.

____________________

EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL
CEREMONIES

Mr. DASCHLE. Mr. President, I send a second concurrent resolution to
the desk and now ask for its immediate consideration.
The PRESIDENT pro tempore. The clerk will report the concurrent
resolution by title.

[[Page 8]]

The legislative clerk read as follows:

A concurrent resolution (S. Con. Res. 2) to extend the life
of the Joint Congressional Committee on Inaugural Ceremonies.

The PRESIDENT pro tempore. This is a privileged resolution.
Without objection, the concurrent resolution is agreed to.
The concurrent resolution (S. Con. Res. 2) reads as follows:

S. Con. Res. 2

Resolved by the Senate (the House of Representatives
concurring), That effective from January 3, 2001, the joint
committee created by Senate Concurrent Resolution 89 of the
One Hundredth Sixth Congress, to make the necessary
arrangements for the inauguration, is hereby continued with
the same power and authority.
Sec. 2. That effective from January 3, 2001, the provisions
of Senate Concurrent Resolution 90 of the One Hundredth Sixth
Congress, to authorize the rotunda of the United States
Capitol to be used in connection with the proceedings and
ceremonies for the inauguration of the President-elect and
the Vice President of the United States, are hereby continued
with the same power and authority.

____________________

APPOINTING CHAIRMEN OF STANDING COMMITTEES

Mr. DASCHLE. I send a final resolution to the desk and ask for its
immediate consideration.
The PRESIDENT pro tempore. The clerk will state the title of the
resolution.
The legislative clerk read as follows:

A resolution (S. Res. 7) designating chairmen of standing
committees.

The PRESIDENT pro tempore. This is a privileged resolution.
Without objection, the resolution is agreed to.
The resolution (S. Res. 7) reads as follows:

S. Res. 7

Resolved, That the following Senators are designated as
Chairmen of the following committees until 12:00 meridian on
January 20, 2001:
Committee on Agriculture, Nutrition, and Forestry: Mr.
Harkin, of Iowa.
Committee on Appropriations: Mr. Byrd, of West Virginia.
Committee on Armed Services: Mr. Levin, of Michigan.
Committee on Banking, Housing, and Urban Affairs: Mr.
Sarbanes, of Maryland.
Committee on the Budget: Mr. Conrad, of North Dakota.
Committee on Commerce, Science, and Transportation: Mr.
Hollings, of South Carolina.
Committee on Energy and Natural Resources: Mr. Bingaman, of
New Mexico.
Committee on Environment and Public Works: Mr. Reid, of
Nevada.
Committee on Finance: Mr. Baucus, of Montana.
Committee on Foreign Relations: Mr. Biden, of Delaware.
Committee on Governmental Affairs: Mr. Lieberman, of
Connecticut.
Committee on Health, Education, Labor, and Pensions: Mr.
Kennedy, of Massachusetts.
Committee on the Judiciary: Mr. Leahy, of Vermont.
Committee on Rules and Administration: Mr. Dodd, of
Connecticut.
Committee on Small Business: Mr. Kerry, of Massachusetts.
Committee on Veterans' Affairs: Mr. Rockefeller, of West
Virginia.
Committee on Indian Affairs: Mr. Inouye, of Hawaii.
Select Committee on Intelligence: Mr. Graham, of Florida.
Sec. 2. Effective on January 20, 2001 at noon the following
committees shall have the following chairmen, pursuant to
Republican Conference ratification:
Committee on Agriculture, Nutrition, and Forestry: Mr.
Lugar of Indiana.
Committee on Appropriations: Mr. Stevens, of Alaska.
Committee on Armed Services: Mr. Warner, of Virginia.
Committee on Banking, Housing, and Urban Affairs: Mr.
Gramm, of Texas.
Committee on the Budget: Mr. Domenici, of New Mexico.
Committee on Commerce, Science, and Transportation: Mr.
McCain, of Arizona.
Committee on Energy and Natural Resources: Mr. Murkowski,
of Alaska.
Committee on Environment and Public Works: Mr. Smith, of
New Hampshire.
Committee on Finance: Mr. Grassley, of Iowa.
Committee on Foreign Relations: Mr. Helms, of North
Carolina.
Committee on Governmental Affairs: Mr. Thompson, of
Tennessee.
Committee on Health, Education, Labor, and Pensions: Mr.
Jeffords, of Vermont.
Committee on the Judiciary: Mr. Hatch, of Utah.
Committee on Rules and Administration: Mr. McConnell, of
Kentucky.
Committee on Small Business: Mr. Bond, of Missouri.
Committee on Veterans' Affairs: Mr. Specter, of
Pennsylvania.
Committee on Indian Affairs: Mr. Campbell, of Colorado.
Select Committee on Intelligence: Mr. Shelby, of Alabama.

____________________

ORDER OF PROCEDURE

Mr. DASCHLE. Mr. President, I send to the desk en bloc 12 unanimous
consent requests, and I ask for their immediate consideration en bloc,
that the requests be agreed to en bloc, and the motion to reconsider
the adoption of these requests be laid upon the table.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The unanimous consent requests are as follows:

That for the duration of the 107th Congress, the Ethics
Committee be authorized to meet during the session of the
Senate;
That for the duration of the 107th Congress, there be a
limitation of 15 minutes each upon any rollcall vote, with
the warning signal to be sounded at the midway point,
beginning at the last 7\1/2\ minutes, and when rollcall votes
are of 10-minute duration, the warning signal be sounded at
the beginning of the last 7\1/2\ minutes;
That during the 107th Congress, it be in order for the
Secretary of the Senate to receive reports at the desk when
presented by a Senator at any time during the day of the
session of the Senate;
That the majority and minority leaders may daily have up to
10 minutes each on each calendar day following the prayer and
disposition of the reading of, or the approval of, the
Journal;
That the Parliamentarian of the House of Representatives
and his three assistants be given the privileges of the floor
during the 107th Congress;
That, notwithstanding the provisions of rule XXVIII,
conference reports and statements accompanying them not be
printed as Senate reports when such conference reports and
statements have been printed as a House report unless
specific request is made in the Senate in each instance to
have such a report printed;
That the Committee on Appropriations be authorized during
the 107th Congress to file reports during adjournments or
recesses of the Senate on appropriations bills, including
joint resolutions, together with any accompanying notices of
motions to suspend rule XVI, pursuant to rule V, for the
purpose of offering certain amendments to such bills or joint
resolutions, which proposed amendments shall be printed;
That, for the duration of the 107th Congress, the Secretary
of the Senate be authorized to make technical and clerical
corrections in the engrossments of all Senate-passed bills
and resolutions, Senate amendments to House bills and
resolutions, Senate amendments to House amendments to Senate
bills and resolutions, and Senate amendments to House
amendments to House bills or resolution;
That for the duration of the 107th Congress, when the
Senate is in recess or adjournment, the Secretary of the
Senate is authorized to receive messages from the President
of the United States, and--with the exception of House bills,
joint resolutions and concurrent resolutions--messages from
the House of Representatives; and that they be appropriately
referred; and that the President of the Senate, the President
pro tempore, and the Acting President pro tempore be
authorized to sign duly enrolled bills and joint resolutions;
That for the duration of the 107th Congress, Senators be
allowed to leave at the desk with the Journal Clerk the names
of two staff members who will be granted the privilege of the
floor during the consideration of the specific matter noted,
and that the Sergeant-at-Arms be instructed to rotate such
staff members as space allows;
That for the duration of the 107th Congress, it be in order
to refer treaties and nominations on the day when they are
received from the President, even when the Senate has no
executive session that day;
That no bills or further resolutions, or committee-reported
legislation, other than those whose introduction and
consideration have been agreed to by the majority leader,
following consultation with the Republican leader; be in
order prior to January 22, and further that for the remainder
of the 107th Congress, Senators may be allowed to bring to
the desk bill, joint resolutions, concurrent resolutions, and
simple resolutions, for referral to appropriate committees.

____________________

MORNING BUSINESS

Mr. DASCHLE. Mr. President, I now ask unanimous consent that there be
a period of morning business for statements only, with Senators
permitted to speak therein for up to 10 minutes each, with the
exception of the majority and minority leaders.

[[Page 9]]

The PRESIDENT pro tempore. There will now be a period for the
consideration of morning business.
Mr. DASCHLE. I thank my colleagues.
Mr. LOTT. Mr. President, I suggest the absence of a quorum.
The PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Durbin). Without objection, it is so
ordered.

____________________

FINAL ASCERTAINMENT OF ELECTORS

The PRESIDING OFFICER. The Chair lays before the Senate
communications from the Director of the Federal Register, National
Archives, transmitting, pursuant to law, certified copies of the final
ascertainment of the Electors for President and Vice President, which
are ordered to lie on the table.

____________________

APPOINTMENT

The PRESIDING OFFICER. The Chair appoints the Senator from
Connecticut, Mr. Dodd, and the Senator from Virginia, Mr. Warner, as
tellers on the part of the Senate to count the electoral votes.

____________________

THE 107TH CONGRESS

Mr. DASCHLE. Mr. President, 213 years ago, the Framers of the
Constitution created the United States Senate.
In all the years since then, only 1,864 Americans have been granted
the privilege of serving in this extraordinary body; and that includes
the new Senators we welcome today.
For every Senator, whether serving in the 18th Century or the 21st,
whether beginning one's first term, or--like Senator Byrd--one's
eighth, the opening of a new Congress has always been a time of great
hope. This Congress is no exception.
We have important work ahead of us. We also have--within us--
everything we need to do that work wisely and well--if we choose to do
so.
Never before has America had a 50/50 Senate. Thirty-one State
legislatures have dealt creatively with this challenge in the last 30
years, but no U.S. Senate has ever been divided exactly in half.
An even split does not necessitate political gridlock--as these
States have demonstrated--but does require bipartisanship.
Senate Lott and I have had a number of discussions over the past
weeks about how to organize this Congress so that it is both
representative and productive. Our conversations have been friendly and
constructive, and they are continuing. It is my hope that we will have
a plan soon that our fellow Senators, and our fellow Americans, will
agree is workable and fair.
Another reason this Senate is historic is because it includes--I'm
happy to note--a record number of women. Of the 11 new Senators who
join us today, 4 are women. In all, there are now 13 women in this
Senate--the most women ever to serve in the Senate at the same time. I
am especially proud that 10 of those women are Democrats. In fact,
there are more women Senators in our caucus this year than there were
in the entire Senate last year. That is good news, for women, for
families, and for this institution.
There is one more reason this Senate is historic and that is, the
extraordinary events that occurred between the election and today.
This last Presidential election tested the patience of our people and
the strength of our institutions like no other election in our
lifetime. It was a difficult time for all Americans. But throughout
those 5 long weeks of uncertainty--from election night until the
Supreme Court decision--the American people remained confident that our
system of government was strong enough to withstand the test of a
contested Presidential election. They continued to believe that we
could resolve the uncertainty, and move on. The challenge for this
Congress, and this Senate, is to prove worthy of that faith. I am
hopeful we can.
Now, we have a President-elect. His administration is taking shape.
In just over 2 weeks, George W. Bush will become our President.
I speak for all my colleagues on this side of the aisle when I say we
are ready to work in good faith with our Republican friends and with
President-elect Bush and his administration to find bipartisan
solutions to the challenges facing our Nation. As I have said before:
Bipartisanship is not an option. If we are going to do the work here in
the appropriate way, as we have been sent here to do, it is now a
requirement.
Unfortunately, not everyone understands or accepts that fact. A
couple of weeks ago, I read a column by a well-known syndicated
political pundit. The headline read: ``Beware the bipartisanship.''
The next day, there was another column. It had a different author,
but the sentiment was the same. The headline on that one read:
``Bipartisan blather.''
The writer of the first column said bipartisanship amounted to
``betrayal'' of one's principles and supporters.
The author of the second column was even more succinct and scathing.
He called it, bipartisanship, an ``instrument of emasculation.''
Both of these men are good writers. They are on talk shows all the
time. But they are not--as Teddy Roosevelt put it--``in the arena.''
They have not answered a call to public service, as we have. They
didn't look people in the eyes and tell them: ``If you'll vote for me,
I promise you I will do my level best in the Senate, to pay down the
national debt, or create an affordable prescription drug benefit'', or
do any of the other things we told people back home we would try to do.
They are clever writers, but they did not take an oath to serve their
Nation. We have.
We need to use our cleverness to find the bipartisan solutions that
evaded the last Congress. We need to show the American people that
their faith in our system of government was not misplaced. And I
believe we can.
After reading those negative views of bipartisanship, I decided I
needed a different perspective, so I reread all seven of the speeches
from the leader's lecture series.
For those who may not be familiar with it, the leader's lecture
series is the most extraordinary lecture series in the city.
I commend my friend, Senator Lott, whose idea it was.
Shortly after he became majority leader, he decided that we ought to
take advantage of the unusual--perhaps unprecedented--fact that so many
former Senate leaders were still alive. As he put it, we ought to find
a way to share with the Nation ``the wisdom and insights that can be
gained only by a lifetime of service to free people.''
The lectures all take place in the majestic Old Senate Chamber, where
Clay and Webster debated the great issues of their day.
Over nearly 3 years, we have heard candid recollections and sage
advice from seven remarkable leaders. As we begin this new Congress, I
thought it might be instructive to listen again to what they had to say
about what works in the Senate and what this Senate is all about.
Mike Mansfield was majority leader from 1959 to 1969. He was also
Ambassador to Japan under both parties.
In the end, he said, the Senate can only function ``if there is a
high degree of accommodation, mutual restraint, and a measure of
courage--in spite of our weaknesses--in all of us.''
Howard Baker is a friend to many of us. He was the Senate majority
leader during the Reagan administration and later served as President
Reagan's chief of staff.
He said that our ability to settle matters of national importance
peacefully and honorably in this Chamber is one of the things that sets
this Nation apart from so many others.
He offered what he called a ``Baker's Dozen Rules for Senate
Leadership.''

[[Page 10]]

Among his rules: ``Have a genuine respect for differing points of
view. Remember that every Senator is an individual, with individual
needs, ambitions and political conditions. Also remember that even
members of the opposition party are susceptible to persuasion and
redemption on a surprising number of issues.''
The third speaker in the series was Robert C. Byrd, the only one of
the seven with whom we still have the good fortune to work and learn
from nearly every day.
In his more than 40 years in this body, Senator Byrd has served as
both majority and minority leader, as President pro tempore, and as
chairman of the Senate Appropriations Committee.
In his typically wise lecture, he reminded us that our founders
``were pragmatists, rather than idealists,'' and that this Senate is
itself the result of a compromise, the Great Compromise of July 16,
1787.
He went on to say: ``Political polarization . . . is not now, and
never has been, a good thing for the Senate.
``I am talking about politics when it becomes gamesmanship or mean-
spirited, or when it becomes overly manipulative, simply to gain
advantage. I am not talking about honestly held views or differing
political positions. Those things enrich our system.
``Americans,'' he said, ``have always loved a good debate. And that
is what I believe they wish for now: more substantive and stimulating
debate, and less pure politics and imagery.''
I couldn't agree more.
President Bush--the first President Bush--said two of the most
important legislative accomplishments during his Presidency were,
first, the Clean Air Act, which passed as a result of the extraordinary
combined efforts of President Bush and George Mitchell; and second, the
Americans with Disabilities Act, whose two strongest champions in this
body were Bob Dole and Tom Harkin.
He described both measures as ``landmark pieces of legislation that
became a reality only after the White House and the Senate demonstrated
bipartisanship and compromise.''
George Mitchell, my friend and immediate predecessor as Democratic
leader, recalled the 3\1/2\ years he spent chairing the Northern
Ireland peace negotiations after leaving the Senate.
Frequently during those negotiations, he said, one party would plead
with him to limit debate by the other parties.
He never would, explaining: ``I got my training in the United States
Senate.''
After 3\1/2\ years of talking, the parties reached an agreement to
end a conflict that had gone on for hundreds of years.
Senator Mitchell said he is often asked whether there are common
lessons that can be drawn from his experience in this Senate and at the
peace table in Belfast.
Yes, he said. And among the most important is this:
``There is no such thing as a conflict that can't be ended. Conflicts
are created and sustained by human beings. They can be ended by human
beings.''
That is a lesson worth remembering as this new Congress begins.
The sixth speaker in the leader's lecture series is also a friend to
many of us--a man to whom I owe a personal debt of gratitude and for
whom I have the greatest respect: Robert J. Dole.
For 18 months, he and I served as leaders of our parties.
That was 6 years ago. My party had just done the unthinkable. We had
lost the majority in both the House and the Senate. Not only was
Senator Dole now the majority leader--a position I had hoped to hold--
but it was also widely assumed that he would run against a Democratic
President the next year.
We could have had a terrible relationship. The fact that we did not
was due to Senator Dole's love of this body and this Nation, and to his
fundamental sense of fairness and decency.
He served as Republican leader for 11 years--longer than any
Republican in history. In all, he spent 10,000 days in this Senate. Of
those 10,000 days, he said, a few stood out especially vividly.
One day that stood out, he said, was when he invited former Senator
George McGovern to join the congressional delegation attending the
funeral of former First Lady Pat Nixon:

(A) reporter asked George why he should honor the wife of a
man with whom he had waged a bitter battle for the White
House. Senator McGovern replied: ``You can't keep on
campaigning forever.'' And George was right.

It seems to me that is another lesson worth remembering as this
Congress begins.
The seventh speaker, former Vice President Dan Quayle, recalled as
one of his proudest achievements in the Senate was working with Ted
Kennedy to strengthen America's job-training programs in the early
1980s.
He also said that people often ask him how being Vice President
compares with being a Senator.
He tells them: ``When you are Vice President, it is always impressed
on you that you are No. 2 . . .''
But ``when you are a Senator, you are your own person. You have real
autonomy. You make independent decisions . . . You are, in a way, an
independent conscience in this institution.
``The best word to describe a Senator is: free. He or she is free to
stand up and debate, free to speak his or her mind, free to act
according to his or her best judgment.
``I believe you would concur that the Senate's best debates,'' he
added, ``are bipartisan debates.''
These are seven remarkable leaders who achieved the highest positions
in their parties--who know what it means to be in Teddy Roosevelt's
``arena.''
To them, bipartisanship is not emasculating. It is ennobling. It is
not betraying the people who sent us here. It is the only hope we have
of serving them.
What is bipartisanship in the 107th Congress? We will need to find
the right answer to that question if we are to serve our country well.
We will not be able to quantify bipartisanship. Bipartisanship is not a
mathematical formula. It is a spirit. It is a way of working together
that tolerates open debate. It recognizes principled compromise. It
means respecting the right of each Senator to speak his or her mind,
and vote his or her conscience. And it means recognizing that we must
do business differently after an election that gave us a 50-50 Senate
and an almost evenly divided House. Above all, it means putting the
national interest ahead of personal or party interests.
This year, as I said, is a historic year for the Senate. This past
year was also historic. it was the 200th anniversary of Congress' first
meeting in this building.
As part of the anniversary celebration, artists are restoring what
are known as the Brumidi Corridors on the first floor of the Capitol's
Senate wing.
The Corridors were painted more than 150 years ago by an Italian
immigrant named Constantino Brumidi, the same man who painted the
ceiling in the Rotunda.
He has been called ``America's Michelangelo''--and with good reason.
He spent 25 years of his life painting scenes on the walls and
ceilings of this Capitol. It was a labor of love for the country he
chose as his home.
I think I must have walked through those corridors 1,000 times over
the years. Every time, I marvel at Brumidi's talents and their beauty.
Over the years, Brumidi's original work was covered with layers of
paint and varnish and dirt. Now, restorers are scraping those layers
off. And what they are revealing beneath is an even more beautiful
depiction of Brumidi's imagination over 100 years ago.
I believe the same can be true of this Senate. Many times over the
last several years, a layer of bitter partisanship has settled over
this body. Even with that disadvantage, it has remained the greatest
legislative body in the history of the world, and one in which I am
proud to serve. But think how much more effective it could be if we
could wash away the partisanship.
At the first Leaders' Lecture, Senator Lott compared the Old Senate
Chamber to this Chamber. He said that the Old Chamber was more
intimate, and more beautiful. And he was right. But this Chamber has
one profound distinction that makes all the difference. The Old Chamber
celebrates our past.

[[Page 11]]

In this Chamber, it is our privilege--and our responsibility--to chart
our Nation's future.
I look forward to working with Senators on both sides of the aisle,
and with our new President, to find honorable ways to do the work we
have all been sent here to do.
I yield the floor.

____________________

CONGRATULATING THE MAJORITY LEADER

Mr. REID. Mr. President, before the majority leader leaves the floor,
I want to tell him how much I appreciate not only the content of what
he has stated but the expression that was given. We have a lot of work
to do.
As our leader, we Democrats have watched you over these past 6 years,
and have marveled at the work you have been able to do. I do agree with
you; the Senate has changed remarkably in its composition. It has
improved so much with the addition of women. Now 20 percent of our
conference is made up of women. We are a better Senate for that having
occurred. We are going to continue to get better.
I say to the majority leader that we support you. We acknowledge
there are some things we need to work out. I hope in this tone of
compromise that the first thing the Republicans will do, during the
time they are in the minority status, would be to acknowledge that the
Senate is 50-50, and as a result of that, because most of the work is
done in committees, we have an arrangement where the committees are
evenly divided. I know our leader has worked hard to accomplish that. I
hope that can be done between you and Senator Lott. I hope we will not
have to have filibusters by the Republicans on a resolution to
establish what is a fair, equally divided committee structure in the
Senate.
I also acknowledge the leader for his statement about what we need to
do. We have so many things to do: With education, health care, making
sure that workers are protected, dealing with the difficult problems we
have with Medicare, and paying down this huge debt that we owe. I hope
we can keep our eye on the prize and not get burdened with partisan
squabbling.
So as one of your loyal lieutenants, I look forward to this next
Congress and accomplishing things for the people of the State of
Nevada, the people of South Dakota, the people of Louisiana, and the
whole country, so that we can walk out of here as proud, when this
Congress ends, as we are at the beginning of this Congress.
Again, I congratulate and applaud the majority leader for his
remarks.

____________________

THANKING THE ASSISTANT MAJORITY LEADER

Mr. DASCHLE. Mr. President, let me thank the distinguished assistant
Democratic leader, the now assistant majority leader, for his kind
remarks and for all he has done for the Senate and for our caucus.
As we closed out the 106th Congress, many called attention to the
remarkable work done by the assistant majority leader--then assistant
Democratic leader--in the last Congress. He has become an invaluable
asset. His leadership, and the strength of his day-to-day involvement
on the Senate floor, in concert with our Republican colleagues, is so
deeply appreciated.
I share his optimism and his determination to make this a productive
Congress. I look forward, in the most heartfelt way, to working with
him as we face the challenges of the new Congress.
I yield the floor and 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. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Reed). Without objection, it is so
ordered.

____________________

RECESS

Mr. DURBIN. Mr. President, on behalf of the majority leader, I ask
unanimous consent that the Senate stand in recess until 3:15 p.m.
today.
There being no objection, the Senate, at 2:01 p.m., recessed until
3:16 p.m.; whereupon, the Senate reassembled when called to order by
the Presiding Officer [Mr. Akaka].
The PRESIDING OFFICER. The Chair, in his capacity as a Senator from
Hawaii, suggests the absence of a quorum.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CLELAND. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

SCOOP JACKSON'S DESK

Mr. CLELAND. Mr. President, today we saw new Members of the Senate
sworn in. It was a pleasure to see a dear personal friend, Maria
Cantwell from the great State of Washington, sworn in as that State's
junior Senator.
When I was visiting with her in the fall, during the maximum
climactic days of her campaign, we were talking about the Senate and
great Senators from the State of Washington, and the name of Henry
``Scoop'' Jackson came up. He has been one of my heroes. As a matter of
fact, last year I was given the Scoop Jackson Award, and it was a great
honor for me to receive it.
Scoop Jackson was, of course, known for his stance for a strong
military, a strong defense, and also a strong commitment to positive
and progressive social policies. This made him a great statesman from
the State of Washington.
When Maria and I discussed this, I said: It is interesting; when I
came to the Senate 4 years ago, I wound up with Scoop Jackson's desk.
As a matter of fact, as my colleagues know, it is a tradition, after
one has served here a while, that they carve their name in the desk
when they leave.
This honored desk has Scoop Jackson's name carved in it. It is my
pleasure today to yield to the freshman Senator from the great State of
Washington and, in the great tradition of Scoop Jackson, to yield to
her this desk which will be transferred to her shortly. I wish her the
very best and a long, lively term in the Senate, particularly in the
tradition of Scoop Jackson.
I welcome Senator Cantwell and yield the floor.
The PRESIDING OFFICER. The Senator from the State of Washington is
recognized.
Ms. CANTWELL. Mr. President, I thank my good friend, Senator Cleland
of Georgia, for the honor and this gift of a very humble beginning for
me in the Senate, to have the opportunity not only to work with him and
my new colleagues but to be the recipient of such a warm welcome.
Senator Jackson was obviously a landmark in our Capitol, as well as
his years of dedication in our State. Senator Jackson arrived here in
January of 1941--he was 28 years old--and started to represent the
State of Washington, the Second Congressional District, and then later,
for 31 years, served in the U.S. Senate.
He was a great leader on foreign policy, on human rights, on arms
control, and on the importance of our environment, with the Jackson-
Vanik amendment, with the National Environmental Protection Act, and a
variety of other landmark environmental policies that were so important
to the State of Washington but also to this country.
It is an honor to accept this gift from Senator Cleland of the desk
of Senator Scoop Jackson, a Senator who was known as one who worked
across the aisle in a bipartisan fashion. In fact, one observer of
public policy, George Will, called him one of the ``finest public
servants I have known, who mastered the delicate balance of
democracy.''
Again, I thank the Senator from Georgia for this very kind gift and
outreach on my very first day in the Senate in the hope that I will
carry on the Northwest tradition that has been so important to our
State.
Mr. CLELAND. Mr. President, I suggest the absence of a quorum.

[[Page 12]]

The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BAYH. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Lincoln). Without objection, it is so
ordered.

____________________

TRIBUTE TO MR. ROBERT BOYER

Mr. THURMOND. Mr. President, I rise to recognize the service and
career of Mr. Robert Boyer, a member of the senior executive service,
upon his retirement after 33 years of honorable and distinguished
service. Throughout his career, he has epitomized the Navy core values
of honor, courage, and commitment and has displayed an exceptional
ability to advance the Navy's facilities requirements within the
Department of Defense and the Congress. I commend him for a superb
career of service to the Navy, our great Nation, and my home state of
South Carolina.
Mr. Boyer received the 2000 Presidential Rank of Meritorious
Executive for sustained superior performance, leadership and
management. He has a distinguished reputation as one of the
government's leaders in strategic acquisition, business innovations,
and contract initiatives. As the lead senior civilian with the Naval
Facilities Engineering Command, Mr. Boyer is a visionary, directly
responsible for the implementation of new acquisition strategies and
innovative operations and organization changes that serve Navy
operating forces, senior leaders of industry, and other customers
worldwide. As the Executive Director of Acquisition during the past
three years, Mr. Boyer established a creative and ground-breaking an
acquisition program copied both within and outside the federal
government. The global scope of his responsibilities and the depth,
breadth and sheer quantity of contractual actions under Mr. Boyer's
purview are staggering. While Mr. Boyer continues to champion
innovation and initiative within the entire Command, he continually
exceeds the execution and performance goals of his Acquisition program.
His loyalty and integrity are unequaled, as is the respect that he has
earned from his workforce. His combination of superior talent,
leadership acumen and genuine love of his work make him a gifted
executive.
Mr. Boyer's acquisition innovations have changed construction and
service contracting ashore and set new standards within the Department
of Defense for programs such as the Public-Private-Venture for the
Family Housing and Utility product lines. He has made dramatic
operational improvements, realigning scarce resources to acquire the
best possible value for the Navy. We widely acclaim his innovative
approaches within the Navy and most recently, focused senior leaders on
his acquisition innovations.
From December 1991 to May 1996, Mr. Boyer was the Senior Procurement
Executive for the Federal Management Agency. In this capacity he
directed a nationwide contract, grant, and cooperative agreement
program in support of the Agency's all hazard mission. His duties
included direct support to the multibillion dollar state and local
municipality efforts to improve their disaster mitigation programs,
response, and recovery efforts. From 1971 to 1991, Mr. Boyer worked in
various acquisition positions within the Department of Navy. Mr. Boyer
served as a U.S. Army Infantry Officer from 1968 to 1970.
Mr. Boyer was born in Annandale, Virginia, but adopted South Carolina
as his home while attending the Citadel where he earned his Masters in
Business Administration. He is married to the former Julie Mandell. He
and Julie have a son, Robby, and a daughter, Tracy.
Madam President, I wish him and his family the best in his well-
deserved retirement.

____________________

ADDITIONAL STATEMENTS

______

TRIBUTE TO JANET L. HOFFMAN

Ms. MIKULSKI. Mr. President, I rise to bring to the Senate's
attention the passing of a great and unique woman--Janet L. Hoffman.
She was described by the Baltimore Sun as ``a lobbyist whose political
and financial wizardry helped Baltimore shoulder the burden of urban
poverty.''
I first became acquainted with Janet Hoffman in 1971 as a member of
the Baltimore City Council. I came into politics as a fiery protestor
and had to learn how to turn my protest placards into legislation.
Janet Hoffman really taught me, guided me and mentored me in the
strategy of governance and the wiles of government finance. I learned
how to operationalize my good intentions and learned how to budget. She
was patient, persistent and a strong advocate for women's rights. She
was so proud of seeing me come to the Congress, the Senate and a member
of the Appropriations Committee.
She'd be so proud in having her biography included in the
Congressional Record on the day that four new women are sworn into the
United States Senate. She would have cheered--and would have wanted to
make sure they understood government finance.
Mr. President, the Baltimore Sun described Janet Hoffman best. I ask
that the Sun's article on her life and legacy be included in the
Record.

[From the Baltimore Sun, Dec. 31, 2000]

Janet L. Hoffman Dies; Lobbyist, Adviser to City

finance expert steered state aid to Baltimore

(By C. Fraser Smith)

Janet L. Hoffman, a lobbyist whose political and financial
wizardry helped Baltimore shoulder the burden of urban
poverty, died yesterday of kidney failure at Oak Crest Health
Care Center in Parkville. She was 81 and had lived in Mount
Washington for many years.
A strategist as well as a master of government finance,
Mrs. Hoffman used Baltimore's fading power with pre-eminent
efficiency, building coalitions and making friends in the
highest places.
``She was the best thing the city had in Annapolis,'' said
state comptroller and longtime Baltimore mayor William Donald
Schaefer. ``Everybody trusted her. She never misled anybody.
Her credibility was 100 percent in Annapolis. She was
brilliant.''
A woman who dressed simply, she walked the corridors of the
State House and City Hall in one of the many berets she wore.
``She had a passion for the city that drove her,'' said
Marvin Mandel, Maryland's governor in the 1970s. ``Everybody
respected her. She was aggressive, too. But in the end, she
was one of the most knowledgeable persons in Annapolis.''
``She was the most effective governmental lobbyist in the
history of our state,'' said U.S. Rep. Benjamin L. Cardin.
``I owe my sensitivity toward fiscal matters to her.''
As Baltimore's first and longest-serving lobbyist in
Annapolis, she invented a position soon copied by the state's
largest subdivisions as they competed with her for state aid.
She continued in the job for 33 years, retiring in 1986 but
returning as a consultant periodically until 1996, when she
left the State House for good.
Then 77, she had served in city or state government for
almost a half-century. On her last day of city service, the
House of Delegates passed a resolution commemorating her
work.
She was known in her prime as Maryland's 48th senator, an
institutional honor that gave her a ``kick.'' In truth, she
had more real power than many of the 47 men and women who
earned the title at the polls, and she served far longer than
any of them.
In marathon lobbying sessions of 1976, she won funding for
the Baltimore subway and the downtown Convention Center from
the General Assembly. She was so exhausted she collapsed and
was driven home by a state trooper.
``I remember going up to the gallery and speaking with
Donald Schaefer and Janet,'' Cardin said. ``It was a very
dramatic moment, an incredible night.''
Earlier in the decade, working with city budget official
Charles Benton, she recommended selling what is now BWI
Airport to the state and using the proceeds to build the
National Aquarium.
The trust of those she worked with combined with a keen
sense of history to bring her city an annual bonanza of
financial aid, including a 1960s realignment of
responsibility for welfare that freed the city of strains
that might have precluded the downtown renaissance of the
1980s. She also created financial formulas to pay for
portions of city fire, police, highway and educational
expenses.
Eight governors were elected during her service: William
Preston Lane Jr., Theodore

[[Page 13]]

R. McKeldin, J. Millard Tawes, Spiro T. Agnew, Marvin Mandel,
Harry R. Hughes, William Donald Schaefer and Parris N.
Glendening.
``On the outside she was rough and tough,'' said former
Speaker of the House R. Clayton Mitchell Jr., a Kent County
Democrat.
``But when you got to know her, she was sweet and lovable.
You could rely on her figures. She had a talent and gift for
numbers.''
Not infrequently, she helped them solve fiscal and
political problems. She did it with great mental dexterity,
bill-by-bill memory of legislative history and a keen sense
of what motivates people. Candid and direct to the end, she
said she was leaving finally to make way for new minds.
``A more exploring, fresher approach is needed,'' she said.
``It's hard at my stage to pick up a bill and really read it
because I think I know what's in it.''
Her first government job came in 1949 when she became the
first staff member in the state's newly created Fiscal
Research Bureau, which analyzed legislation for the House and
Senate. Thirteen years later, she left to do the same work
for Baltimore.
City legislators and mayors, not governors, were her
bosses. A master of the complicated formulas used to
redistribute the state's revenue, Mrs. Hoffman made the
arithmetic work year after year for Baltimore with categories
of aid she sometimes invented--sometimes on the thinnest
pretext. Then she sold them to the presiding officers and
governors who put them in play.
The state treasury's growing importance to a struggling
city losing population and power was little appreciated until
she took over. She learned that Baltimore department heads
were coming to Annapolis to lobby against money bills that
would have helped the city. Too much paperwork, they told
her. That view changed.
She quickly became a presence in the assembly. Unique among
public or private lobbyists, she was given access to the
Senate lounge and floor by then-Senate President Steny H.
Hoyer, now a member of Congress. Her singular status was owed
to the trust built over years of service, according to Mr.
Schaefer.
``I think she's the smartest woman I ever met in the area
of finance,'' the former mayor and governor said in 1996.
``People knew when she told them something, it was right.''
Asked if he gave her authority to act in his absence, Mr.
Schaefer said he gave her authority to act in his presence.
In the 1960s, with the help of a rural and conservative
Senate president, the late William S. James, Mrs. Hoffman
managed a restructuring of responsibilities between the state
and local governments that shifted the financing of welfare
from the subdivisions to the state.
Then, like many major U.S. cities, Baltimore was paying a
quarter to a third of its welfare costs, a burden that was
growing and would have exhausted city resources if the state
had not stepped in. Mrs. Hoffman proposed limiting the
welfare payments of any state subdivision to a fixed
percentage of revenue from its tax rate.
``It meant that while the city's welfare caseload was
growing and its tax-paying middle class was leaving, there
was a limit on what the city had to spend,'' said William S.
Ratchford II, director of the state Department of Fiscal
Services. ``If she hadn't worked that out, chances are the
city would not have had the wherewithal to do what it did
later.''
Mrs. Hoffman persuaded legislators that what helped
Baltimore was good for the state. The state's major
employment center was protected, and other, equally poor,
jurisdictions profited from the formulas she devised.
Adherents and adversaries alike were at times awed by her
forward-looking approach.
``I had the best teacher in the world,'' said Blair Lee IV,
son of the former acting governor, Blair Lee III, and a
former lobbyist for Montgomery County.
``We'd sit around late at night studying her city bills,''
he said. ``Why would she be trying to change some nondescript
little bit of language or numbers in a bill? We looked and
looked and crunched and crunched, and finally we'd see that
Janet was dealing with something she saw coming 10 years down
the road.''
One year she pushed a bill that guaranteed a certain level
of aid that seemed lower than the sums Baltimore won year
after year. Why? Because she knew the formula on which that
aid was based would not work in the city's favor forever.
``She could write a communicated budget formula and talk to
the least sophisticated legislator,'' Lee said. ``She was a
rare creature. She walked both sides of the track.''
One year she helped then-Senator Hoyer corral the votes he
needed to become senate president. Once again, she had picked
the right horse.
The next summer, she sat on a committee that worked out
school funding formulas with then-Lieutenant Governor Lee. It
was her payback--and Baltimore's--from Senate President
Hoyer.
She left in 1996 with concerns about the conduct of public
business:
``People are unwilling to explain a broader point of view
than one that is readily understood by their local press or
their constituents,'' she said. ``The legislature needs a way
to see problems resolved structurally without having to have
a divisive fight each time.''
The former Janet Leland was born on the Upper West Side of
New York City into a family of lawyers. She was a graduate of
New York University. In 1941 she received a master's degree
in public administration from NYU.
Her home life was quiet. She kept a garden filled with
spring flowers and roses. She also listened to classical
music.
In 1944 she married Morton Hoffman, an urban and economic
consultant, who died in July.
Funeral services will be held at 2 p.m. Tuesday at Sol
Levinson & Brothers, 8900 Reisterstown Road.
She is survived by two daughters, Constance Hoffman Baker
of Baltimore and Ellen L. Hoffman of Berkeley, Calif., and
four grandchildren.

____________________

MESSAGES FROM THE PRESIDENT

Messages from the President of the United States were communicated to
the Senate by Mr. William, 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 a treaty and
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 4:09 p.m., a message from the House of Representatives, delivered
by Mr. Hays, one of its reading clerks, announced that the Senate be
informed that a quorum of the House of Representatives has assembled;
that J. Dennis Hastert, a Representative from the State of Illinois,
has been elected Speaker; and Jeffrey J. Trandahl, a citizen of the
State of South Dakota, has been elected Clerk of the House of
Representatives of the One Hundred Seventh Congress.
____

At 4:58 p.m., a message from the House of Representatives, delivered
by Mr. Hays, one of its reading clerks, announced that the House has
agreed to the following concurrent resolution, in which it requests the
concurrence of the Senate:

H. Con. Res. 1. Concurrent resolution providing for a
conditional adjournment of the House of Representatives and a
conditional adjournment of the Senate.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 1. A resolution informing the President of the
United States that a quorum of each House is assembled;
considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 2. A resolution informing the House of
Representatives that a quorum of the Senate is assembled;
considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 3. A resolution to elect Robert C. Byrd, a Senator
from the State of West Virginia, to be President pro tempore
of the Senate of the United States, and to elect Strom
Thurmond, a Senator from the State of South Carolina, to be
President pro tempore of the Senate of the United States;
considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 4. A resolution notifying the President of the
United States of the election of a President pro tempore;
considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 5. A resolution notifying the House of
Representatives of the election of a President pro tempore of
the Senate; considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 6. A resolution fixing the hour of daily meeting of
the Senate; considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Res. 7. A resolution designating Chairmen of the
following Senate committees; considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Con. Res. 1. A concurrent resolution to provide for the
counting on January 6, 2001,

[[Page 14]]

of the electoral votes for President and Vice President of
the United States; considered and agreed to.
By Mr. DASCHLE (for himself and Mr. Lott):
S. Con. Res. 2. A concurrent resolution to extend the life
of the Joint Congressional Committee on Inaugural Ceremonies
and the provisions of S. Con. Res. 90 of the One Hundred
Sixth Congress; considered and agreed to.

____________________

SENATE CONCURRENT RESOLUTION 1--TO PROVIDE FOR THE COUNTING ON JANUARY
6, 2001, OF THE ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT OF THE
UNITED STATES

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
concurrent resolution; which was considered and agreed to:

S. Con. Res. 1

____________________

SENATE CONCURRENT RESOLUTION 2--TO EXTEND THE LIFE OF THE JOINT
CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES AND THE PROVISIONS OF
S. CON. RES. 90 OF THE ONE HUNDRED SIXTH CONGRESS

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
concurrent resolution; which was considered and agreed to:

S. Con. Res. 2

Resolved by the Senate (the House of Representatives
concurring), That effective from January 3, 2001, the joint
committee created by Senate Concurrent Resolution 89 of the
One Hundredth Sixth Congress, to make the necessary
arrangements for the inauguration, is hereby continued with
the same power and authority.
Sec. 2. That effective from January 3, 2001, the provisions
of Senate Concurrent Resolution 90 of the One Hundredth Sixth
Congress, to authorize the rotunda of the United States
Capitol to be used in connection with the proceedings and
ceremonies for the inauguration of the President-elect and
the Vice President-elect of the United States, are hereby
continued with the same power and authority.

____________________

SENATE RESOLUTION 1--INFORMING THE PRESIDENT OF THE UNITED STATES THAT
A QUORUM OF EACH HOUSE IS ASSEMBLED

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 1

____________________

SENATE RESOLUTION 2--INFORMING THE HOUSE OF REPRESENTATIVES THAT A
QUORUM OF THE SENATE IS ASSEMBLED

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 2

Resolved, That the Secretary inform the House of
Representatives that a quorum of the Senate is assembled and
that the Senate is ready to proceed to business.

____________________

SENATE RESOLUTION 3--TO ELECT ROBERT C. BYRD, A SENATOR FROM WEST
VIRGINIA, TO BE PRESIDENT PRO TEMPORE OF THE SENATE OF THE UNITED
STATES, AND TO ELECT STROM THURMOND, A SENATOR FROM THE STATE OF SOUTH
CAROLINA, TO BE PRESIDENT PRO TEMPORE OF THE SENATE OF THE UNITED
STATES

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 3

____________________

SENATE RESOLUTION 4--NOTIFYING THE PRESIDENT OF THE UNITED STATES OF
THE ELECTION OF A PRESIDENT PRO TEMPORE

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 4

Resolved, That the President of the United States be
notified of the election of Robert C. Byrd, a Senator from
the State of West Virginia, as President pro tempore.

____________________

SENATE RESOLUTION 5--NOTIFYING THE HOUSE OF REPRESENTATIVES OF THE
ELECTION OF A PRESIDENT PRO TEMPORE OF THE SENATE

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 5

Resolved, That the House of Representatives be notified of
the election of Robert C. Byrd, a Senator from the State of
West Virginia, as President pro tempore.

____________________

SENATE RESOLUTION 6--FIXING THE HOUR OF DAILY MEETING OF THE SENATE

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 6

Resolved, That the daily meeting of the Senate be 12
o'clock meridian unless otherwise ordered.

____________________

SENATE RESOLUTION 7--DESIGNATING THE CHAIRMEN OF THE FOLLOWING SENATE
COMMITTEES

Mr. DASCHLE (for himself and Mr. Lott) submitted the following
resolution; which was considered and agreed to:

S. Res. 7

[[Page 15]]

Committee on Environment and Public Works: Mr. Reid, of
Nevada.
Committee on Finance: Mr. Baucus, of Montana.
Committee on Foreign Relations: Mr. Biden, of Delaware.
Committee on Governmental Affairs: Mr. Lieberman, of
Connecticut.
Committee on Health, Education, Labor, and Pensions: Mr.
Kennedy, of Massachusetts.
Committee on the Judiciary: Mr. Leahy, of Vermont.
Committee on Rules and Administration: Mr. Dodd, of
Connecticut.
Committee on Small Business: Mr. Kerry, of Massachusetts.
Committee on Veterans' Affairs: Mr. Rockefeller, of West
Virginia.
Committee on Indian Affairs: Mr. Inouye, of Hawaii.
Select Committee on Intelligence: Mr. Graham, of Florida.
Sec. 2. Effective on January 20, 2001 at noon the following
committees shall have the following chairmen, pursuant to
Republican Conference ratification:
Committee on Agriculture, Nutrition, and Forestry: Mr.
Lugar, of Indiana.
Committee on Appropriations: Mr. Stevens, of Alaska.
Committee on Armed Services: Mr. Warner, of Virginia.
Committee on Banking, Housing, and Urban Affairs: Mr.
Gramm, of Texas.
Committee on Budget: Mr. Domenici, of New Mexico.
Committee on Commerce, Science, and Transportation: Mr.
McCain, of Arizona.
Committee on Energy and Natural Resources: Mr. Murkowski,
of Alaska.
Committee on Environment and Public Works: Mr. Smith, of
New Hampshire.
Committee on Finance: Mr. Grassley, of Iowa.
Committee on Foreign Relations: Mr. Helms, of North
Carolina.
Committee on Governmental Affairs: Mr. Thompson, of
Tennessee.
Committee on Health, Education, Labor, and Pensions: Mr.
Jeffords, of Vermont.
Committee on the Judiciary: Mr. Hatch, of Utah.
Committee on Rules and Administration: Mr. McConnell, of
Kentucky.
Committee on Small Business: Mr. Bond, of Missouri.
Committee on Veterans' Affairs: Mr. Specter, of
Pennsylvania.
Committee on Indian Affairs: Mr. Campbell, of Colorado.
Select Committee on Intelligence: Mr. Shelby, of Alabama.

____________________

SINE DIE APPOINTMENTS

The PRESIDING OFFICER. The Chair announces the following appointments
made on December 18, 2000, during the sine die adjournment:
Pursuant to the provisions of S. Res. 105 (adopted April 13, 1989),
as amended by S. Res. 149 (adopted October 5, 1993), as amended by
Public Law 105-275, further amended by S. Res. 75 (adopted March 25,
1999), and S. Res. 383 (adopted October 27, 2000), on behalf of the
Majority Leader, the appointment of the following Senators to serve as
members of the Senate National Security Working Group for the 107th
Congress:
The Senator from Mississippi (Mr. Cochran) (Republican Administrative
Co-Chairman);
The Senator from Alaska (Mr. Stevens) (Co-Chairman);
The Senator from Arizona (Mr. Kyl) (Co-Chairman);
The Senator from South Carolina (Mr. Thurmond);
The Senator from North Carolina (Mr. Helms);
The Senator from Indiana (Mr. Lugar);
The Senator from Virginia (Mr. Warner);
The Senator from Mississippi (Mr. Lott);
The Senator from Tennessee (Mr. Thompson); and
The Senator from Colorado (Mr. Allard).
Pursuant to 22 U.S.C. 1928a-1928d, as amended, on behalf of the Vice
President, and upon the recommendation of the Majority Leader, the
appointment of Senator Smith, of Oregon, as Chairman of the Senate
Delegation to the NATO Parliamentary Assembly during the 107th
Congress.

____________________

REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 107-1

Mr. BAYH. Madam President, as in executive session, I ask unanimous
consent that the Injunction of Secrecy be removed from the following
convention transmitted to the Senate on January 3, 2001, by the
President of the United States: Convention on Safety of U.N. and
Associated Personnel (Treaty Document No. 107-1).
Further, I ask unanimous consent the convention be considered as
having been read for the first time, that it be referred with
accompanying papers to the Committee on Foreign Relations and ordered
to be printed, and that the President's message be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The message of the President is as follows:

To the Senate of the United States:
I transmit herewith, with a view to receiving the advice and consent
of the Senate to ratification, subject to an understanding and a
reservation, the Convention on the Safety of United Nations and
Associated Personnel adopted by the United Nations General Assembly by
consensus on December 9, 1994, and signed on behalf of the United
States of America on December 19, 1994. The report of the Department of
State with respect to the Convention is also transmitted for the
information of the Senate.
Military peacekeepers, civilian police, and others associated with
United Nations operations are often subject to attack by persons who
perceive political benefits from directing violence against United
Nations operations. The world has witnessed a serious escalation of
such attacks, resulting in numerous deaths and casualties. This
Convention is designed to provide a measure of deterrence against these
attacks, by creating a regime of universal criminal jurisdiction for
offenses of this type. Specifically, the Convention creates a legal
mechanism that requires submission for prosecution or extradition of
persons alleged to have committed attacks and other offenses listed
under the Convention against United Nations and associated personnel.
This Convention provides a direct benefit to United States Armed
Forces and to U.S. civilians participating in peacekeeping activities
by including within its coverage a number of types of operations
pursuant to United Nations mandates in which the United States and U.S.
military and civilians have participated in the past. If the United
States were to participate in operations under similar conditions in
the future, its forces and civilians would receive the benefits created
by this instrument. The Convention covers not only forces under U.N.
command, but associated forces under national command or multinational
forces present pursuant to a United Nations mandate. In situations such
as we have seen in Somalia, the former Yugoslavia, and Haiti, certain
attacks on these associated forces would now be recognized as criminal
acts, subjecting the attackers to prosecution in or extradition by any
State that is a party to the Convention. As a result, the international
community has taken a significant practical step to redress these
incidents. In doing so, we recognize the fact that attacks on
peacekeepers who represent the international community are violations
of law and cannot be condoned.
By creating obligations and procedures that increase the likelihood
of prosecution of those who attack peacekeeping personnel, this
Convention fulfills an important objective under my Directive for
Reforming Multilateral Peace Operations of May 1994, which directs that
the United States seek additional legal protections for United States
peacekeeping personnel.
The recommended legislation, necessary to implement the Convention,
will be submitted to the Congress separately.
I recommend that the Senate give early and favorable consideration to
this Convention subject to the understanding and reservation that are
described in the accompanying report of the Department of State, and
give its advice and consent to ratification.
William J. Clinton.
The White House, January 3, 2001.

____________________

[[Page 16]]

RECESS UNTIL TOMORROW

Mr. BAYH. Madam President, I ask unanimous consent that when the
Senate recesses today, it do so until 12

noon, Thursday, January 4, at which time the majority leader or his
designee be recognized.
There being no objection, the Senate, at 4:58 p.m., recessed until
Thursday, January 4, 2001, at 12 noon.

____________________

NOMINATIONS

Executive nominations received by the Senate January 3, 2001:

The Judiciary

Bonnie J. Campbell, of Iowa, to be United States Circuit
Judge for the Eighth Circuit, vice George G. Fagg, retired.
James E. Duffy, Jr., of Hawaii, to be United States Circuit
Judge for the Ninth Circuit, vice Cynthia Holcomb Hall,
retired.
Barry P. Goode, of California, to be United States Circuit
Judge for the Ninth Circuit, vice Charles E. Wiggins,
retired.
Roger L. Gregory, of Virginia, to be United States Circuit
Judge for the Fourth Circuit, vice a new position created by
Public Law 101-650, approved December 1, 1990, to which
position he was appointed during the last recess of the
Senate.
Kathleen McCree Lewis, of Michigan, to be United States
Circuit Judge for the Sixth Circuit, vice Cornelia G.
Kennedy, retired.
Enrique Moreno, of Texas, to be United States Circuit Judge
for the Fifth Circuit, vice William L. Garwood, retired.
Sarah L. Wilson, of Maryland, to be a Judge of the United
States Court of Federal Claims for a term of fifteen years,
vice Loren A. Smith, term expired.
Helene N. White, of Michigan, to be United States Circuit
Judge for the Sixth Circuit, vice Damon J. Keith, retired.
James A. Wynn, Jr., of North Carolina, to be United States
Circuit Judge for the Fourth Circuit, vice James Dickson
Phillips, Jr., retired.

In the Coast Guard

The following named officer for appointment as Commander,
Atlantic Area, United States Coast Guard, and to the grade
indicated under title 14, U.S.C., section 50:

To be vice admiral

Rear Adm. Thad W. Allen, 0000

The following named officers for appointment to the grade
indicated in the United States Coast Guard under title 14,
U.S.C., section 271:

To be commander

Timothy Aguirre, 0000
Christopher D. Alexander, 0000
Laticia J. Argenti, 0000
Meredith L. Austin, 0000
Steven T. Baynes, 0000
Michael L. Bedard, 0000
Lincoln H. Benedict, 0000
Jon G. Beyer, 0000
Carlyle A. Blomme, 0000
Roger V. Bohnert, 0000
Paul J. Brabham, 0000
Michael M. Bradley, 0000
Robert E. Brogan, 0000
Brian G. Bubar, 0000
Gregory C. Busch, 0000
Mark A. Cawthorn, 0000
Michael B. Christian, 0000
Daniel J. Christovich, 0000
Barry A. Compagnoni, 0000
Timothy A. Cook, 0000
Kevin P. Crawley, 0000
Bruce P. Dalcher, 0000
Marc L. Deacon, 0000
Carolyn M. Deleo, 0000
Burton L. Deshayes, 0000
Mark Dietrich, 0000
Mark E. Dolan, 0000
David H. Dolloff, 0000
James B. Donovan, 0000
Patrick R. Dowden, 0000
Nathalie Dreyfus, 0000
Brian L. Dunn, 0000
Jacob R. Ellefson, 0000
Craig L. Eller, 0000
Lisa M. Festa, 0000
James J. Fisher, 0000
Scott A. Fleming, 0000
Brendan C. Frost, 0000
Karl J. Gabrielsen, 0000
Michael S. Gardiner, 0000
Edward J. Gibbons, 0000
Steven R. Godfrey, 0000
Nancy R. Goodridge, 0000
Glenn F. Grahl, Jr., 0000
Catherine A. Haines, 0000
Ralph Hawes, 0000
Michael J. Haycock, 0000
John N. Healey, 0000
James M. Heinz, 0000
Mark S. Hemann, 0000
Thomas E. Hickey, 0000
Thomas J. Hughes, 0000
Richard K. Hunt, 0000
William F. Imle, 0000
Jay Jewess, 0000
Dale M. Jones, Jr., 0000
Robin E. Kane, 0000
Terance E. Keenan, 0000
Frank H. Kingett, 0000
Scott A. Kitchen, 0000
James L. Knight, 0000
Joseph B. Kolb, 0000
Gary D. Lakin, 0000
Bobby M. Lam, 0000
Timothy P. Leary, 0000
Thomas F. Lennon, 0000
Patrick Little, 0000
James R. Manning, 0000
James F. Martin, 0000
Lori A. Mathieu, 0000
Michael F. Mc Allister, 0000
Douglas R. Mc Crimmon, Jr., 0000
Joseph C. Mc Guiness, 0000
Michael P. Mc kenna, 0000
William F. Mc Meekin, 0000
Tommey H. Meyers, 0000
Matthew E. Miller, 0000
William J. Milne, 0000
Brooks A. Minnick, 0000
James M. Montgomery, 0000
Mark E. Mooney, 0000
Laurie J. Mosier, 0000
Steven A. Munson, 0000
Frederick G. Myer, 0000
Kimberly J. Nettles, 0000
David W. Newton, 0000
Hung M. Nguyen, 0000
Jack W. Niemiec, 0000
Mark S. Ogle, 0000
Douglas H. Olson, 0000
Gregory S. Omernik, 0000
Joseph S. Paradis, 0000
John R. Pasch, 0000
Alberto L. Perezvergara, 0000
Mark P. Peterson, 0000
Joseph D. Phillips, 0000
Daniel T. Pippenger, 0000
Scott M. Pollock, 0000
Brian F. Poskaitis, 0000
Manuel R. Raras III, 0000
Kenneth J. Reynolds, 0000
Christopher L. Roberge, 0000
Jeffrey C. Robertson, 0000
Don G. Robison, 0000
Bryon H. Romine, 0000
Stephen C. Rothchild, 0000
Brandt G. Rousseaux, 0000
Christopher P. Scraba, 0000
Michael J. Scully, 0000
Gerald F. Shatinsky, 0000
Michael W. Shomin, 0000
Gary S. Spenik, 0000
Douglas W. Stephan, 0000
Kelly S. Strong, 0000
Gregory J. Sundgaard, 0000
John D. Sweeney IV, 0000
Paul S. Swed, 0000
Christopher J. Tomney, 0000
Michael E. Tousley, 0000
Mark A. True, 0000
Steven C. Truhlar, 0000
Charles A. Turner, 0000
Todd S. Turner, 0000
Genelle T. Vachon, 0000
Kurt A. Van Horn, 0000
David A. Vaughn, 0000
Matthew Von Ruden, 0000
Roderick E. Walker, 0000
Todd K. Watanabe, 0000
Robert B. Watts, 0000
Steven A. Weiden, 0000
Howard R. White, 0000
Werner A. Winz, 0000
Gustav R. Wulfkuhle, 0000
William J. Ziegler, 0000

In the Navy

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Albert H. Konetzni, Jr., 0000

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Timothy W. La Fleur, 0000

The following named officers for appointment in the United
States Naval Reserve to the grade indicated under title 10,
U.S.C., section 12203:

To be rear admiral

Rear Adm. (lh) James S. Allan, 0000
Rear Adm. (lh) Howard W. Dawson, Jr., 0000
Rear Adm. (lh) Karen A. Harmeyer, 0000
Rear Adm. (lh) Maurice B. Hill, Jr., 0000
Rear Adm. (lh) James M. Walley, 0000

In the Air Force

The following named officer for appointment to the grade
indicated in the United States Air Force, under title 10,
U.S.C., section 1552:

To be major

Robert V. Garza, 0000

The following named officers for a regular appointment in
the grades indicated in the United States Air Force under
title 10, U.S.C., section 531:

To be lieutenant colonel

Linda M. Christiansen, 0000

To be captain

James R. Jones, Jr., 0000
Robert M. Monberg, 0000

The following named officers for appointment to the grades
indicated in the United States Air Force and for regular
appointment (identified by an asterisk (*)) under title 10,
U.S.C., sections 624 and 531:

To be colonel

* CHARLES G. BELENY, 0000

To be lieutenant colonel

MATTHEW J. BUNDY, 0000
KIMBERLY CYPHERTRANDALL, 0000
JOHN I. DUNHAM, JR., 0000
CHARLES D. FRIZZELLE, JR., 0000
WILLIAM T. HANCOCK, 0000
WILLIAM A. LUBLINER, 0000
DAVID M. ROBINSON, 0000
ROBERT I. SMITH, 0000
GEORGE L. SOWELL, 0000
PHILLIP F. STADELMANN, 0000
LAURA L. SYLVIA, 0000
DANIEL J. ZALEWSKI, 0000

To be major

ASHLEY B. BENJAMIN, 0000
GREGORY L. CANDELL, 0000
SUSAN C. FARRISH, 0000
DOUGLAS J. GOTTSCHALK, 0000
JEFFREY L. HAMILTON, 0000
JOSEPH B. LEE, 0000
LINDA M. REICHLER, 0000
PETER L. REYNOLDS, 0000
MICHAEL F. RICHARDS, 0000
DALE M. SELBY, 0000
BRIAN D. WALL, 0000
MICHELE R. ZELLERS, 0000

In the Army

The following named Army National Guard of the United
States officer for appointment to the grade indicated in the
Reserve of the Army under title 10, U.S.C., sections 12203
and 12211:

To be colonel

Marcus G. Coker, 0000

The following named officer for appointment as a Permanent
Professor of the United States Military Academy in the grade
indicated under title 10 U.S.C., section 4333 (b):

To be colonel

Eugene K. Ressler, Jr., 0000

The following named Army National Guard of the United
States officer for appointment to the grade indicated in the
Reserve of the Army under title 10, U.S.C., sections 12203
and 12211:

To be colonel

Kenneth W. Smith, 0000

The following named Army National Guard of the United
States officer for appointment to the grade indicated in the
Reserve of the Army under title 10, U.S.C., sections 12203
and 12211:

To be colonel

Timothy I. Sullivan, 0000

THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

Virginia G. Barham, 0000
James C. Butt, 0000

THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

Felix T. Castagnola, 0000

[[Page 17]]

Aaron R. Kenneston, 0000

The following named officers for appointment to the grade
indicated in the Reserve of the Army under title 10, U.S.C.,
section 12203:

To be colonel

William P. Blaich, 0000
Michael J. Collins III, 0000
Jean L. Dabreau, 0000
Ira K. Weil, 0000

ARMY

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY IN THE JUDGE ADVOCATE
GENERAL'S CORPS UNDER TITLE 10 U.S.C., SECTIONS 624 AND 3064:

To be colonel

GREGORY O. BLOCK, 0000 JA
ROBERT A. BURRELL, 0000 JA
DANA KYLE CHIPMAN, 0000 JA
THEODORE E. DIXON, 0000 JA
KARL M. ELLCESSOR III, 0000 JA
JOSEPH T. FRISK, 0000 JA
RICHARD O. HATCH, 0000 JA
PAUL P. HOLDEN, JR., 0000 JA
DAVID B. HOWLETT, 0000 JA
KENNETH J. LASSUS, 0000 JA
LAWRENCE J. MORRIS, 0000 JA
PATRICK D. O HARE, 0000 JA
SANDRA B. STOCKEL, 0000 JA
STEVEN T. STRONG, 0000 JA
ANNAMARY SULLIVAN, 0000 JA
CLYDE J. TATE II, 0000 JA
ROBERT D. TEETSEL, 0000 JA

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C.,
SECTION 12203:

To be colonel

MOSES N. ADIELE, 0000
TERRY T. ALLMOND, 0000
LINDA D. ANDERSON, 0000
JOHN H. ANSOHN, 0000
JOHN W. ANTONETZ, 0000
FERNANDO H. AUSTIN, 0000
BENNIE L. BAKER, 0000
BRUCE A. BAKER, 0000
JOSEPH E. BAPTISTE, 0000
STERLING C. BEASLEY, 0000
JOSEPH G. BECKER, 0000
JOHN B. BELFRAGE, 0000
VIRGILIO A. BELTRAN, 0000
STEVEN R. BENNETT, 0000
WILLIAM A. BENNETT, 0000
ZOLTAN T. BERKY, 0000
HOWARD A. BERRY, 0000
CATHY M. BINDER, 0000
DAN W. BOLTON, 0000
GERALD J. BOTKO, 0000
CAROL L. BOWDOIN, 0000
DAVID A. BRADSHAW, 0000
ESPERANZA B. BRAGA, 0000
CELIA Y. BRAMBLE, 0000
WALTER D. BRANCH, JR., 0000
THOMAS G. BRAUN, 0000
DARWIN R. BRENDEN, 0000
CHARLES E. BRENTS, 0000
THOMAS C. BROACH, 0000
CHARLES A. BROOKS, 0000
WILLIAM L. BROWN, 0000
WILLIE C. BRUCE, 0000
MICHAEL D. BUNYARD, 0000
MARY L. BURNETT, 0000
BACA DAVID L. C'DE, 0000
MICHAEL V. CANALE, 0000
KEVIN P. CAREY, JR., 0000
ANAVEL O. CARIN, 0000
AGNES F. CARNEY, 0000
DOUGLAS R. CARNEY, 0000
LOLA J. CASE, 0000
VAUGHN E. CAUDILL, 0000
FRANCIS H. CHANCE, 0000
LIE P. CHANG, 0000
RAGHAVA V. CHARYA, 0000
PHYLLIS A. CHELETTE, 0000
JOHN W. CHILES, 0000
ROBERT A. CLINTON, 0000
BRIOCHE J. COICOU, 0000
JAYNE H.R. COOLEY, 0000
PATRICIA H. COX, 0000
MORRIS F. CRISLER, 0000
RONNIE W. CROMER, 0000
LINDA G. CROSSER, 0000
LAUREN M. CURTIS, 0000
PETER CZERNEK, 0000
ASDGHIG D. DADERIAN, 0000
STEVEN C. DANIELL, 0000
SHARON G. DASPIT, 0000
PAUL D. DAVIS, 0000
MICHAEL G. DEEKEN, 0000
CAROLYN A. DEVERELL, 0000
RAHUL N. DEWAN, 0000
CATHERINE D. DIGILIO, 0000
ELIZABETH A. DOEHRING, 0000
MICHAEL C. DOHERTY, 0000
JOHN S. DOMENECH, 0000
THOMAS F. DOWLING, 0000
JOHNNIE J. EIGHMY, 0000
LINDA J. EPPELE, 0000
WILLIAM H. ETTINGER, 0000
ROBERT G. EVANS, 0000
TRAVIS A. EVERETT, 0000
ANTONIO EXPOSITO, 0000
GLEN N. FEATHER, 0000
DAVID A. FEIL, 0000
JAMES M. FETTER III, 0000
JAMES G. FLOYD, JR., 0000
NANCY A. FORTUIN, 0000
RICHARD V. FRANCIS, 0000
LEE A. FRIELL, 0000
GUY GARCIAVARGAS, 0000
MICHAEL P. GAVIN, 0000
JOHN A. GIBSON, 0000
STEPHAN A. GINSBERG, 0000
MARK E. GLANDON, 0000
VISHNU GOPAUL, 0000
KIM R. GOTTSHALL, 0000
EDWARD L. GRIFFIN, 0000
JAMES E. GRIFFITH, 0000
MICHAEL D. HABLITZEL, 0000
JAMES W. HAMILTON, JR., 0000
MICHAEL B. HAMMOND, 0000
SYED S. HAQQIE, 0000
JOHN W. HARDEN, JR., 0000
JEANNE L. HARDIN, 0000
MARY A. HARPER, 0000
DONALD S. HART, 0000
AARON HEARD, 0000
CARL D. HEINECKE, 0000
CHRISTOPHER M. HICKS, 0000
RONALD S. HIGGINBOTHAM, 0000
RICHARD G. HINES, 0000
LESLIE M. HOLLOWELL, 0000
ROBERT L. HOLMES, 0000
THOMAS J. HOLTMANN, 0000
JAMES M. HOUSEWORTH, 0000
GEORGE S. HSU, 0000
THOMAS R. HULL, 0000
JOHN P. HUNTLEY, 0000
ARTEMIO A. IFURUNG, 0000
RICHARD J. INDRIERI, 0000
DONALD W. JEHN, 0000
JEFFREY D. JOHNSON, 0000
TONE JOHNSON, JR., 0000
DON W. KANNANGARA, 0000
PAUL A. KARWASKI, 0000
KENDRA K. KATTELMANN, 0000
LARRY S. KELLEY, 0000
HALLAN L. KELLY, JR., 0000
ZEHERA N.A. KHAN, 0000
CHARLES M. KING, 0000
STEPHEN M. KIRKLAND, 0000
GORDON L. KOENIG, 0000
STEPHEN H. KOOPMEINERS, 0000
MICHAEL D. KOPLIN, 0000
PAUL J. KRAUTMANN, 0000
DONALD M. LAIRD, 0000
CAROLYN S. LANGER, 0000
GARY A. LAWSON, 0000
WILLIAM S. LEE, 0000
HARVEY H. LEIMBACH, 0000
JAMES N. LEMON, 0000
JINNA A.W. LESSARD, 0000
GREGORY F. LINDEN, 0000
PATRICIA A. LITTLE, 0000
JOHN J. LOMBARDI, 0000
SARA M. LOWE, 0000
RONDA F. LUCE, 0000
BARBARA M. MACKNICK, 0000
SCOTT M. MALOWNEY, 0000
CHARLES R. MARIS, 0000
MARK D. MARKS, 0000
EDWARD W. MARTIN, 0000
SHIRLEY S. MAYER, 0000
JAMES P. MC CARTHY, 0000
NIKKI S. MC CARTY, 0000
IRVING W. MC CONNELL, 0000
HALBERT H. MC KINNON, JR., 0000
KATHLEEN D. MC LERAN, 0000
ROBERT E. MC MILLAN, 0000
CONCEPCION MENDOZA, 0000
EUGENIA W. MESSICK, 0000
JANE L. MEYER, 0000
RONALD D. MILES, 0000
DENNIS R. MILLER, 0000
JERRY C. MILLER, 0000
PEGGY A.M. MISER, 0000
KATHLEEN J. MOORHEAD, 0000
JOHN D. MORGAN, 0000
MARSHALL S. MOULIERE, 0000
FREDERICK W. MULLIN, 0000
WILLIAM J. MYERS, 0000
ERIC W. NODERER, 0000
PHILLIP A. NOKES, 0000
BRIAN A. PALAFOX, 0000
PAUL W. PAUSTIAN, 0000
KEVIN L. PEHR, 0000
SIDNEY H. PENKA, 0000
KENNETH W. PETERS, 0000
KAREN M. PFAU, 0000
ELRY E. PHILLIPS, 0000
JOANNE L. PICHASKE, 0000
RENATO R. PIMENTEL, 0000
DEENA G. PITTMAN, 0000
DENNIS E. PLATT, 0000
ERNEST M. POLAO, 0000
MICHAEL S. POLLOCK, 0000
GERALD C. POTAMIS, 0000
ROBERT A. POWELL, 0000
SANDRA L. PRIOR, 0000
SHIRLEY A. QUARLES, 0000
ALLEN B. QUEEN, 0000
KENNETH J. RATAJCZAK, 0000
MICHAEL B. RATH, 0000
JAMES D. READ, 0000
HERNANE C. RESTAR, 0000
DENNIS C. RHEA, 0000
SIDNEY F. RICKS, JR., 0000
EUGENE M. RIEHLE, 0000
JULIAN E. RITTER, 0000
DONALD W. ROBERTS, 0000
MILDRED RODRIGUEZRIVERA, 0000
CEFERINA P. RUIZ, 0000
JOHN B RULE, 0000
ROBERT P. RYAN, 0000
COSWIN K. SAITO, 0000
JOHN S. SCHREIBER, 0000
MARK R. SEYMOUR, 0000
KENNETH L. SHIELDS, 0000
RUBY M. SIMMONS, 0000
JOSE T. SINGSON III, 0000
ALBERT R. SMITH, JR., 0000
JACQUELINE D, SMITH, 0000
NISHA P. SOPREY, 0000
JOSEPH S. STANKO, 0000
RICHARD L. STARCHER, 0000
EDWARD L. STEVENS, 0000
PAUL M. STICKEL, 0000
JEFFREY C. STILES, 0000
CHARLES E. STUTTS, 0000
MARY M. SUNSHINE, 0000
DEBRA J. TENNEY, 0000
CARY T. THREAT, 0000
SALVACION TORRE, 0000
THOMAS TRESKA, 0000
JOHN T. TRUMP, 0000
GENE E. TULLIS, 0000
DIANE M.B. VOGELEI, 0000
PAULA M. WALKER, 0000
CARL M. WARVAROVSKY, 0000
STEPHEN A. WASNOK, 0000
DENISE WILLIAMS, 0000
JOHN E. WOLF, 0000
EARL S. WOOD, 0000
MAYO C. WOODSON, 0000
WILLIAM H. YIM, 0000
FRANCES K. YOUNG, 0000
HORACE J. YOUNG, 0000

The following named officers for appointment to the grade
indicated in the United States Army in the Judge Advocate
General's Corps under title 10, U.S.C., sections 624 and
3064:

To be lieutenant colonel

NORMAN F. ALLEN, 0000 JA
STEPHANIE A. BARNA, 0000 JA
MICHAEL J. BENJAMIN, 0000 JA
STEPHEN J. BERG, 0000 JA
DRU A. BRENNERBECK, 0000 JA
BRYAN T. BROYLES, 0000 JA
STEVEN E. BUTLER, 0000 JA
LOUIS A. CHIARELLA, 0000 JA
THOMAS D. COOK, 0000 JA
GEOFFREY S. CORN, 0000 JA
ROBERT J. COTELL, 0000 JA
CLAYTON R. DIEDRICHS, 0000 JA
SHELLEY R. ECONOM, 0000 JA
JOHN P. EINWECHTER, 0000 JA
RICHARD J. GALVIN, 0000 JA
JAMES F. GARRETT, 0000 JA
MARK J. GINGRAS, 0000 JA
KEVIN H. GOVERN, 0000 JA
CHARLES D. HAYES, JR., 0000 JA
JAMES W. HERRING, JR., 0000 JA
WILLIAM R. KERN, 0000 JA
JAMES D. KEY, 0000 JA
CHERYL R. LEWIS, 0000 JA
CRAIG A. MEREDITH, 0000 JA
EDWARD J. OBRIEN, 0000 JA
BILLY D. PERRITT, JR., 0000 JA
STUART W. RISCH, 0000 JA
MICHAEL E. SAINSBURY, 0000 JA
MARK W. SEITSINGER, 0000 JA
EDWARD J. SHEERAN, 0000 JA
SAMUEL J. SMITH, JR., 0000 JA
THOMAS F. STRUNCK, 0000 JA
KENNETH J. TOZZI, 0000 JA
PAUL H. TURNEY, 0000 JA
STEVEN E. WALBURN, 0000 JA
LAUREL L. WILKERSON, 0000 JA
DARIA P. WOLLSCHLAEGER, 0000 JA

The following named officers for appointment to the grade
indicated in the United States Army in the Nurse Corps (AN),
Medical Service Corps (MS), Medical Specialist Corps (SP),
and Veterinary Corps (VC) and for regular appointment
(identified by an asterisk(*)) under title 10, U.S.C.,
sections 624, 531, and 3064:

To be colonel

STEPHEN C. ALLISON, 0000 SP
LINDA J. ANDERSEN, 0000 AN
DENISE J. ANDERSON, 0000 MS
MARGARET A. BATES, 0000 AN
ROGER D. BAXTER, 0000 AN
STEPHEN B. BERTE, 0000 MS
DEBRA D. BERTHOLD, 0000 SP
MARK H. BITHER, 0000 AN
BURTON F. BRIGGS, 0000 MS
THOMAS A. BROWN, 0000 MS
BARBARA J. BRUNO, 0000 AN
DONALD R. BUCHWALD, 0000 MS

[[Page 18]]

BARCLAY P. BUTLER, 0000 MS
JOAN M. CAMPANARO, 0000 AN
BRENDA CHEWNINGKULICK, 0000 MS
MARY C. CLARK, 0000 AN
PATRICIA L. CORDIER, 0000 AN
ERNEST F. DEGENHARDT, 0000 AN
KEITH E. ESSEN, 0000 AN
ANTHONY M. ETTIPIO, 0000 AN
HOLLY D. FORESTER, 0000 AN
BRENDA J. FORMAN, 0000 SP
JOHN R. FORNEY, 0000 MS
KEITH W. GALLAGHER, 0000 MS
PETER M. GARIBALDI, 0000 MS
NORMALYNN GARRETT, 0000 AN
NANCY K. GILMORELEE, 0000 AN
SANDRA L. GOINS, 0000 AN
RAJ K. GUPTA, 0000 MS
RICHARD W. HARPER, 0000 AN
* WILLIAM J. HARTMAN, 0000 AN
JOANN E. HOLLANDSWORTH, 0000 AN
LADONNA N. HOWELL, 0000 AN
DORIS T. JOHNSON, 0000 AN
MICHAEL S. KAMINSKI, 0000 MS
FORREST W. KNEISEL, 0000 MS
THOMAS D. KURMEL, 0000 MS
RANDAL C. LAYTON, 0000 VC
ROSS D. LECLAIRE, 0000 VC
ROBERT J. LIPNICK, 0000 MS
MARK A. LYFORD, 0000 MS
JULIE M. MARTIN, 0000 MS
ANITA H. MC COWEN, 0000 AN
DANIEL F. MC FERRAN, 0000 MS
ELIAS G. NIMMER, 0000 MS
GARY C. NORRIS, 0000 MS
PATRICIA C. NOSSOV, 0000 VC
WILLIAM R. NOVAK II, 0000 MS
KEITH B. PARKER, 0000 MS
JEROME F. PIERSON, 0000 MS
LINDA L. PIERSON, 0000 MS
JAMES O. PITTMAN, JR., 0000 MS
BEVERLY A. PRITCHETT, 0000 MS
MONICA A. SECULA, 0000 AN
JETTAKA M. SIGNAIGO, 0000 MS
EDDIE J. SIMMONS, 0000 AN
DEBORAH G. SMITH, 0000 AN
ROBIN J. TEFFT, 0000 SP
JOAN K. VANDERLAAN, 0000 AN
RICKE J. WEICKUM, 0000 MS
JANNIFER E. WIGGINS, 0000 AN
CALVIN E. WILLIAMS, 0000 MS
THOMAS J. WILLIAMS, 0000 MS
PAUL W. WINGO, 0000 MS
MARK E. WOLKEN, 0000 VC
STACEY YOUNG MC CAUGHAN, 0000 AN

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY IN THE MEDICAL CORPS (MC)
AND DENTAL CORPS (DE) AND FOR REGULAR APPOINTMENT (IDENTIFIED
BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531,
AND 3064:

To be colonel

* KEITH S. ALBERTSON, 0000 MC
BRIAN D. ALLGOOD, 0000 MC
CARLOS E. ANGUEIRA, 0000 MC
MICHAEL J. APICELLA, 0000 DE
JANIINE G. BABCOCK, 0000 MC
EVELYN M. BARRAZA, 0000 MC
HERMAN J. BARTHEL, 0000 MC
NICHOLAS J. BATTAFARANO, 0000 MC
DALE A. BAUR, 0000 DE
GREGORY A. BLYTHE, 0000 DE
CHARLES D. BOLAN, JR., 0000 MC
LAWRENCE G. BREAULT, 0000 DE
ELAINE L. BRENT, 0000 MC
JOHN W. BRYSON III, 0000 DE
HENRY B. BURCH, 0000 MC
JENNIFER L. CALAGAN, 0000 MC
CHARLES M. CALDWELL, 0000 MC
CHARLES W. CALLAHAN, 0000 MC
BRIAN S. CAMPBELL, 0000 MC
LESTER C. CAUDLE III, 0000 MC
BENJAMIN T. COOK, 0000 DE
MARYJO CORBETT, 0000 DE
PAUL R. CORDTS, 0000 MC
RAYMOND A. COSTABILE, 0000 MC
KATHRYN A. CRIPPS, 0000 DE
DENISE M. DEMERS, 0000 MC
JIM B. DUKE, JR., 0000 DE
MARK F. DUVERNOIS, 0000 DE
CALVIN L. EARLY, 0000 DE
TIMOTHY P. ENDY, 0000 MC
KELLY J. FAUCETTE, 0000 MC
JOHN P. FOLEY, 0000 MC
PHILIP R. FRANK, 0000 MC
MARIA L. FREYFOGLE, 0000 DE
MICHAEL S. FULKERSON, 0000 DE
JOHN A. GAWLIK, 0000 DE
DALE L. GIEBINK, 0000 DE
SCOTT G. GOODRICH, 0000 MC
COLIN M. GREENE, 0000 MC
HENRY A. GREENE, 0000 DE
* DONALD G. HEPPNER, JR., 0000 MC
CHARLES W. HOGE, 0000 MC
THOMAS L. IRVIN, 0000 MC
JOSEPH B. ISAAC, 0000 DE
JOHN M. JACOCKS, 0000 MC
JEFFREY P. KAVOLIUS, 0000 MC
WILLIAM R. KLEMME, 0000 MC
ROBERT J. LABUTTA, 0000 MC
DANIEL P. LAVIN, 0000 DE
DOUGLAS A. LIENING, 0000 MC
ALAN J. MAGILL, 0000 MC
CORNELIUS C. MAHER III, 0000 MC
KAY H. MALONE III, 0000 DE
* KIM R. MARLEY, 0000 MC
* BRYAN MARTIN, 0000 MC
CARL J. MASON, 0000 MC
GLENN D. MC DERMOTT, 0000 MC
NATHAN K. METHVIN, 0000 DE
MARTY G. MOON, 0000 DE
RUSSELL R. MOORES, JR., 0000 MC
JOSEPH T. MORRIS III, 0000 MC
WALTER J. MORRIS, JR., 0000 DE
* JEROME B. MYERS, 0000 MC
MARY C. NACE, 0000 MC
KAREN K. NAUSCHUETZ, 0000 MC
ROBERT J. NEWMAN, 0000 MC
JAMES H. NORTH, JR., 0000 MC
KEVIN S. OAKES, 0000 DE
SEAN D. O DONNELL, 0000 MC
STEPHEN B. OLSEN, 0000 MC
JAMES E. PARKER, 0000 DE
MARK E. PEELE, 0000 MC
DENNIS S. PEPPAS, 0000 MC
DAVID W. POLLY, JR., 0000 MC
SHIRLEY M. POLLY, 0000 MC
CHAEIM S. PONTIUS, 0000 MC
CLIFFORD A. PORTER, 0000 MC
ARLYNN G. RAEZ, 0000 DE
MATTHEW W. RAYMOND, 0000 MC
ROBERT B. ROACH, JR., 0000 DE
DANIEL K. ROBIE, 0000 MC
BRET F. SANDLEBACK, 0000 DE
HOWARD J. SCHMIDT, 0000 MC
RICHARD T. SHAFFER, 0000 MC
STEVEN R. SHANNON, 0000 MC
CRAIG D. SHRIVER, 0000 MC
PETER A. SILKOWSKI, 0000 MC
GARY E. SIMMONS, 0000 MC
DONALD R. SKILLMAN, 0000 MC
GEORGE R. SMITH, 0000 MC
LINDA L. SMITH, 0000 DE
* PAUL D. SMITH, 0000 MC
PATRICK ST PIERRE, 0000 MC
MARK A. SUNDBERG, 0000 DE
LOREE K. SUTTON, 0000 MC
GARY D. SWIEC, 0000 DE
MARTIN H. TIEVA, 0000 MC
PAULA K. UNDERWOOD, 0000 MC
JOHN F. UPHOFF, 0000 DE
THOMAS K. VAUGHAN, 0000 MC
TERRY J. WALTERS, 0000 MC
THOMAS P. WARD, 0000 MC
MICHAEL J. WILL, 0000 DE
JON J. WILSON, 0000 MC
MING T. WONG, 0000 DE
PETER ZAGURSKY, JR., 0000 DE
KARL N. ZEFF, 0000 MC
ROBERT K. ZUEHLKE, 0000 DE

In the Marine Corps

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10,
U.S.C., SECTION 624:

To be lieutenant colonel

RONALD S. CULP, 0000
CHRISTOPHER J. LORIA, 0000

In the Navy

The following named officer for original Regular
appointment as a permanent limited duty officer to the grade
indicated in the United States Navy under title 10, U.S.C.,
sections 531 and 5589:

To be lieutenant

Kevin D. Sullivan, 0000

The following named officer for Regular appointment to the
grade indicated in the United States Navy under title 10,
U.S.C., section 531:

To be lieutenant commander

Stephen L. Cooley, 0000

The following named officer for appointment to the grade
indicated in the United States Navy under title 10, U.S.C.,
section 624:

To be lieutenant commander

Brian J.C. Haley, 0000

The following named officer for appointment to the grade
indicated in the United States Navy under title 10, U.S.C.,
section 624:

To be commander

William J. Nault, 0000

The following named officer for appointment to the grade
indicated in the United States Navy under title 10, U.S.C.,
section 624:

To be commander

James P. Scanlan, 0000

NAVY

THE FOLLOWING NAMED OFFICERS FOR TEMPORARY APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTION 5721:

To be lieutenant commander

DOUGLAS J. ADAMS, 0000
ERRIN P. ARMSTRONG, 0000
SCOTT A. BAIR, 0000
PAUL J. BERNARD, 0000
WARREN R. BULLER, 0000
CHRISTOPHER J. CAVANAUGH, 0000
TIMOTHY A. CRONE, 0000
CHRISTOPHER R. DEWILDE, 0000
MARK T. EVANS, 0000
DARRYL D. FIELDER, 0000
BILLY D. HUNTER, 0000
KRISTEN E. JACOBSEN, 0000
MARK D. KESSELRING, 0000
LAWRENCE F. LEGREE, 0000
PHILIP E. MALONE, 0000
TODD A. MAUERHAN, 0000
MICHAEL E. MULLINS, 0000
ALEJANDRO E. ORTIZ, 0000
CAREY M. PANTLING, 0000
DAVID T. PETERSON, 0000
MARSHALL R. PROUTY, 0000
JOHN W. REXRODE, 0000
TIMOTHY A. SALTER, 0000
BRIAN K. SORENSON, 0000
MICHAEL A. STEEN, 0000
THOMAS W. TEDESSO, 0000
MATTHEW W. VINCENT, 0000
FRANK G. WAKEHAM, 0000
DONALDSON E. WICKENS, 0000
GREGORY J. ZACHARSKI, 0000

CONGRESSIONAL RECORD

United States
of America

January 3, 2001

[[Page 19]]

HOUSE OF REPRESENTATIVES--Wednesday, January 3, 2001

This being the day fixed by the 20th amendment to the Constitution of
the United States for the meeting of the Congress of the United States,
the Members-elect of the 107th Congress met in their Hall, and at noon
were called to order by the Clerk of the House of Representatives, Hon.
Jeff Trandahl.
The Chaplain, the Rev. Daniel P. Coughlin, offered the following
prayer:
Lord God, Almighty, by Your Divine Providence You have brought us to
this new day. Bless us in our gathering, form us by Your Word, guide us
by Your Spirit.
The people of the United States, in order to form a more perfect
union, establish justice, ensure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty for themselves and posterity, have acted according to the
Constitution of this country and by lawful elections they have elected
their representatives to serve in this House as the 107th Congress.
Give this body an outpouring of Your Holy Spirit, that they may be
wise in their judgments and serve freely the best interests of all of
the people of this Nation.
Broaden their personal concerns that they may seek the common good
and always be attuned to the helpless sighs of the most vulnerable in
our society.
Clarify their vision, as they work together in the search for the
best ideas and strategies to meet the greatest needs of our times.
Bless all Members of this House, new and experienced. May their faith
in You, Lord God, and in the destiny of this Nation, keep them humble
in Your service.
May their families remain their deepest love and lasting joy.
May all here who assist them in this Chamber, in congressional
offices and in committee responsibilities, be wise in their counsel and
gracious in their service.
May this Congress, Lord God, be a sign of unity and confidence to
this Nation; good news to the poor and an instrument of peace in the
world.
Lord God, in You we trust now and forever. Amen.

Pledge of Allegiance

The Clerk. The Members-elect and their guests will please rise and
join in the Pledge of Allegiance to the flag.
The Clerk 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.

The Clerk. Representatives-elect, this is the day fixed by the 20th
amendment to the Constitution for the meeting of the 107th Congress
and, as the law directs, the Clerk of the House has prepared the
official roll of the Representatives-elect.
Certificates of election covering 435 seats in the 107th Congress
have been received by the Clerk of the House, and the names of those
persons whose credentials show that they were regularly elected as
Representatives in accordance with the laws of their respective States
or of the United States will be called.
Without objection, the Representatives-elect will record their
presence by electronic device and their names will be reported in
alphabetical order by States, beginning with the State of Alabama, to
determine whether a quorum is present.
There was no objection.
The call was taken by electronic device, and the following
Representatives-elect responded to their names:

[Roll No. 1]

ANSWERED ``PRESENT''--429

ALABAMA

Aderholt
Bachus
Callahan
Cramer
Everett
Hilliard
Riley

ALASKA

Young

ARIZONA

Flake
Hayworth
Kolbe
Pastor
Shadegg
Stump

ARKANSAS

Berry
Hutchinson
Ross
Snyder

CALIFORNIA

Baca
Becerra
Berman
Bono
Calvert
Capps
Condit
Cox
Cunningham
Davis
Dooley
Doolittle
Dreier
Eshoo
Farr
Filner
Gallegly
Harman
Herger
Honda
Horn
Hunter
Issa
Lantos
Lee
Lewis
Lofgren
Matsui
McKeon
Millender-McDonald
Miller, Gary
Miller, George
Napolitano
Ose
Pelosi
Pombo
Radanovich
Rohrabacher
Roybal-Allard
Royce
Sanchez
Schiff
Sherman
Solis
Tauscher
Thomas
Thompson
Waters
Waxman
Woolsey

COLORADO

DeGette
Hefley
McInnis
Schaffer
Tancredo
Udall

CONNECTICUT

DeLauro
Johnson
Larson
Maloney
Shays
Simmons

DELAWARE

Castle

FLORIDA

Bilirakis
Boyd
Brown
Crenshaw
Davis
Diaz-Balart
Deutsch
Foley
Goss
Hastings
Keller
Meek
Mica
Miller
Putnam
Ros-Lehtinen
Scarborough
Shaw
Stearns
Thurman
Weldon
Wexler
Young

GEORGIA

Barr
Bishop
Chambliss
Collins
Deal
Isakson
Kingston
Lewis
Linder
McKinney
Norwood

HAWAII

Abercrombie
Mink

IDAHO

Otter
Simpson

ILLINOIS

Biggert
Blagojevich
Costello
Crane
Davis
Evans
Hyde
Jackson
Johnson
Kirk
LaHood
Manzullo
Phelps
Rush
Schakowsky
Shimkus
Weller

INDIANA

Burton
Buyer
Carson
Hill
Hostettler
Kerns
Pence
Roemer
Souder
Visclosky

IOWA

Boswell
Ganske
Latham
Leach
Nussle

KANSAS

Moore
Moran
Ryun
Tiahrt

KENTUCKY

Fletcher
Lewis
Lucas
Northup
Rogers
Whitfield

LOUISIANA

Baker
Cooksey
Jefferson
John
McCrery
Tauzin
Vitter

MAINE

Allen
Baldacci

MARYLAND

Bartlett
Cardin
Cummings
Ehrlich
Gilchrest
Hoyer
Morella
Wynn

MASSACHUSETTS

Capuano
Delahunt
Frank
Markey
McGovern
Meehan
Moakley
Neal
Olver
Tierney

MICHIGAN

Barcia
Bonior
Camp
Conyers
Dingell
Ehlers
Hoekstra
Kildee
Kilpatrick
Knollenberg
Levin
Rivers
Rogers
Smith
Stupak
Upton

MINNESOTA

Gutknecht
Kennedy
Luther
McCollum
Oberstar
Peterson
Ramstad
Sabo

[[Page 20]]

MISSISSIPPI

Pickering
Shows
Taylor
Thompson
Wicker

MISSOURI

Akin
Blunt
Clay
Emerson
Gephardt
Graves
Hulshof
McCarthy
Skelton

MONTANA

Rehberg

NEBRASKA

Bereuter
Osborne
Terry

NEVADA

Berkley
Gibbons

NEW HAMPSHIRE

Bass
Sununu

NEW JERSEY

Andrews
Ferguson
Frelinghuysen
Holt
LoBiondo
Menendez
Pallone
Pascrell
Payne
Rothman
Roukema
Saxton
Smith

NEW MEXICO

Udall
Wilson

NEW YORK

Ackerman
Boehlert
Crowley
Engel
Fossella
Gilman
Grucci
Hinchey
Houghton
Israel
Kelly
King
LaFalce
Lowey
Maloney
McCarthy
McHugh
McNulty
Meeks
Nadler
Owens
Quinn
Rangel
Reynolds
Serrano
Slaughter
Sweeney
Towns
Velazquez
Walsh
Weiner

NORTH CAROLINA

Ballenger
Burr
Clayton
Coble
Etheridge
Hayes
Jones
McIntyre
Myrick
Price
Taylor
Watt

NORTH DAKOTA

Pomeroy

OHIO

Boehner
Brown
Chabot
Gillmor
Hall
Hobson
Jones
Kaptur
Kucinich
LaTourette
Ney
Oxley
Portman
Pryce
Regula
Sawyer
Strickland
Tiberi
Traficant

OKLAHOMA

Carson
Istook
Largent
Lucas
Watkins
Watts

OREGON

Blumenauer
DeFazio
Hooley
Walden
Wu

PENNSYLVANIA

Borski
Brady
Coyne
Doyle
English
Fattah
Gekas
Greenwood
Hart
Hoeffel
Holden
Kanjorksi
Mascara
Murtha
Peterson
Pitts
Platts
Sherwood
Shuster
Toomey
Weldon

RHODE ISLAND

Kennedy
Langevin

SOUTH CAROLINA

Brown
Clyburn
DeMint
Graham
Spence
Spratt

SOUTH DAKOTA

Thune

TENNESSEE

Bryant
Clement
Duncan
Ford
Gordon
Hilleary
Jenkins
Tanner
Wamp

TEXAS

Armey
Barton
Bentsen
Bonilla
Brady
Combest
Culberson
DeLay
Doggett
Edwards
Frost
Gonzalez
Granger
Green
Hall
Hinojosa
Jackson-Lee
Johnson, E.B.
Johnson, Sam
Lampson
Ortiz
Paul
Reyes
Rodriguez
Sandlin
Sessions
Smith
Stenholm
Thornberry
Turner

UTAH

Cannon
Hansen
Matheson

VERMONT

Sanders

VIRGINIA

Boucher
Cantor
Davis, Jo Ann
Davis, Thomas M.
Goode
Goodlatte
Moran
Schrock
Scott
Sisisky
Wolf

WASHINGTON

Baird
Dicks
Dunn
Hastings
Inslee
Larsen
McDermott
Nethercutt
Smith

WEST VIRGINIA

Capito
Mollohan
Rahall

WISCONSIN

Baldwin
Barrett
Green
Kind
Kleczka
Obey
Petri
Ryan
Sensenbrenner

WYOMING

Cubin

{time} 1236

The Clerk. The quorum call discloses that 429 Representatives-elect
have responded to their name. A quorum is present.

____________________

ANNOUNCEMENT BY THE CLERK

The Clerk. The Clerk will state that credentials, regular in form,
have been received showing the election of the Honorable Anibal
Acevedo-Vila as Resident Commissioner from the Commonwealth of Puerto
Rico for a term of 4 years beginning January 3, 2001; the election of
the Honorable Eleanor Holmes Norton as Delegate from the District of
Columbia; the election of the Honorable Donna M. Christensen as
Delegate from the Virgin Islands; the election of the Honorable Eni
F.H. Faleomavaega as Delegate from American Samoa; and the election of
Robert A. Underwood as Delegate from Guam.

____________________

ANNOUNCEMENT BY THE CLERK

The Clerk. The Clerk will state that since the last regular election
of Representatives to the 107th Congress, a vacancy now exists in the
32nd District of the State of California, occasioned by the death of
the late Honorable Julian C. Dixon.

____________________

ELECTION OF SPEAKER

The Clerk. Pursuant to law and to precedent, the next order of
business is the election of the Speaker of the House of Representatives
for the 107th Congress.
Nominations are now in order.
The Clerk recognizes the gentleman from Oklahoma (Mr. Watts).
Mr. WATTS of Oklahoma. Mr. Clerk, the Congress and the Nation have
been blessed these past 2 years by the inspiring leadership of a
gentleman whose only special interest in these United States of America
is these United States of America. We are deeply grateful for his
selfless devotion to this institution and to the advancement of the
American people and the American Republic.
Mr. Clerk, as Chairman of the Republican Conference, I am directed by
the unanimous vote of that conference to present for election to the
office of the Speaker of the House of Representatives for the 107th
Congress the name of the Honorable J. Dennis Hastert, a Representative-
elect from the State of Illinois.
The Clerk. The Clerk recognizes the gentleman from Texas (Mr. Frost).
Mr. FROST. Mr. Clerk, as Chairman of the Democratic Caucus, I am
directed by the unanimous vote of that caucus to present for election
to the office of Speaker of the House of Representatives for the 107th
Congress the name of the Honorable Richard A. Gephardt, a
Representative-elect from the State of Missouri.
The Clerk. The Honorable J. Dennis Hastert, a Representative-elect
from the State of Illinois, and the Honorable Richard A. Gephardt, a
Representative-elect from the State of Missouri, have been placed in
nomination.
Are there any further nominations?
There being no further nominations, the Clerk will appoint tellers.
The Clerk appoints the gentleman from California (Mr. Thomas), the
gentleman from Maryland (Mr. Hoyer), the gentlewoman from New Jersey
(Mrs. Roukema), and the gentlewoman from Ohio (Ms. Kaptur).
The tellers will come forward and take their seats at the desk in
front of the Speaker's rostrum.
The roll will now be called, and those responding to their names will
indicate by surname the nominee of their choice.
The reading clerk will now call the roll.
The tellers having taken their places, the House proceeded to vote
for the Speaker.

{time} 1330

The following is the result of the vote:

[[Page 21]]

[Roll No. 2]

HASTERT--222

Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Thomas M.
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
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
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
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
Platts
Pombo
Portman
Pryce (OH)
Putnam
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
Sweeny
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)

GEPHARDT--206

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
Clement
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
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Morkey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
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
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stenholm
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

MURTHA--1

Taylor (MS)

PRESENT--2

Gephardt
Hastert

NOT VOTING--3

Gutierrez
Lipinski
Stark

{time} 1249

The Clerk. The tellers agree in their tallies that the total number
of votes cast for a person by name is 429, of which the Honorable J.
Dennis Hastert of the State of Illinois has received 222, the Honorable
Richard A. Gephardt of the State of Missouri has received 206, and the
Honorable John P. Murtha of the Commonwealth of Pennsylvania has
received 1, with 2 recorded as ``present.''
Therefore, the Honorable J. Dennis Hastert of the State of Illinois
is duly elected Speaker of the House of Representatives for the 107th
Congress, having received a majority of the votes cast.
The Clerk appoints the following committee to escort the Speaker-
elect to the Chair: The gentleman from Missouri (Mr. Gephardt),
The gentleman from Texas (Mr. Armey),
The gentleman from Texas (Mr. DeLay),
The gentleman from Michigan (Mr. Bonior),
The gentleman from Oklahoma (Mr. Watts),
The gentleman from Texas (Mr. Frost),
The gentleman from Illinois (Mr. Crane),
The gentleman from Illinois (Mr. Hyde),
The gentleman from Illinois (Mr. Evans),
The gentleman from Illinois (Mr. Lipinski),
The gentleman from Illinois (Mr. Costello),
The gentleman from Illinois (Mr. Manzullo),
The gentleman from Illinois (Mr. Rush),
The gentleman from Illinois (Mr. LaHood),
The gentleman from Illinois (Mr. Weller),
The gentleman from Illinois (Mr. Jackson),
The gentleman from Illinois (Mr. Blagojevich),
The gentleman from Illinois (Mr. Davis),
The gentleman from Illinois (Mr. Shimkus),
The gentlewoman from Illinois (Mrs. Biggert),
The gentleman from Illinois (Mr. Phelps),
The gentlewoman from Illinois (Ms. Schakowsky),
The gentleman from Illinois (Mr. Johnson), and
The gentleman from Illinois (Mr. Kirk).
The committee will retire from the Chamber to escort the Speaker-
elect to the chair.

{time} 1345

The Sergeant at Arms announced the Speaker-elect of the House of
Representatives of the 107th Congress, who was escorted to the chair by
the Committee of Escort.
Mr. GEPHARDT. Members of the House, families of House Members,
honored guests, ladies and gentlemen. First, I want to say that I
thought a few moments ago about asking for a recount, but I decided
against it.
This is a day of celebration for candidates and our families, and it
is also a day of celebration of our continuing experiment in democracy,
which we again have successfully achieved, even in the face of a very
close election. What sets America apart is that despite very difficult
events, we decide elections by the rule of law, and we have peaceful
transitions of power.
Mr. Speaker, I called you after the election to congratulate you, and
all of us on the Democratic side extend our congratulations to you and
your Members today.

[[Page 22]]

We hope for a bipartisan atmosphere in this new Congress, and we
understand that this requires not just words, but deeds and actions. We
know that our differences on issues are heartfelt and real, but I hope
the closeness of the margin between our parties in the Congress will be
viewed as an opportunity, not a hindrance. This is the people's House,
and we are all proud to be part of it. It is not a Republican House; it
is not a Democratic House. As a recognition of that principle, it is
our hope that in gestures, both small and large, on the part of each of
us as individuals and as leaders, we will make that principle a daily
reality.
Mr. Speaker, on behalf of my Democratic colleagues, we honor your
leadership and we respect your majority. Our pledge is to meet you
halfway and, in return, we hope that great things in these 2 years can
be accomplished for the American people that we serve.
Ladies and gentlemen of the House, it is my honor to present the
Speaker of the House of the 107th Congress, the gentleman from
Illinois, Dennis Hastert.
Mr. HASTERT. I guess I really should not hammer it down while I am
still getting applause, but I want to thank Dick Gephardt for his
gracious remarks. Dick Gephardt has been a great leader of the House
Democrats. He has unified his Democrat Caucus over the last 2 years
with unusual effectiveness. He has criss-crossed the Nation, doing his
best to help his candidates take a majority in the House. He has worked
day and night with a singular determination. I know how hard he has
worked, because I had to do my best just to keep up with him.
Dick, let me say that I respect your commitment to your principles, I
respect and deeply admire your competitive spirit, and thank you so
much for your heartfelt comments today. Thank you very much.
Now that the campaign is over, I know you will put the same energy
and determination that you demonstrated during the campaign in working
with me to do the people's business. Thank you all, Democrats,
Republicans, for this honor, to be Speaker of the whole House.
Today, I stand before you at the beginning of a new year, some say
the beginning of a new millennium, and certainly, the beginning of a
new Congress. Today, we swear in 41 new Members in the House. One of
our new Members is one of the greatest football coaches in college
football history, Tom Osborne. On the Senate side, we welcome nine new
Senators, including the first First Lady ever to run for public office.

{time} 1400

We have a new President in the White House who won in the closest
election in our Nation's history. While times in the past 2 years have
been difficult, this time of new beginnings provides us with new
opportunity to reach out and to work with all of our colleagues to get
the people's work done.
This will be my second term as Speaker of the House, but I could not
have done this without the voters of Illinois' 14th District. This past
November they elected me to my eighth term in the House of
Representatives. I want to thank those people from the Fox Valley and
environs of Illinois for trusting me year after year to represent them
in this, the people's House, in the Nation's Capitol.
I also appreciate the bipartisan support that I receive from our
Illinois leadership. With us today we have the Governor of the State of
Illinois, we have the mayor of the great city of Chicago, Richard
Daley, along with Governor Ryan. We also have the Republican leader in
the Illinois House of Representatives. I thank them for joining us
today.
To my family, my wife, Jean, my two sons, Josh and Ethan, I thank you
for your love, your encouragement, your understanding. Jean, thank you
for providing me with a good dose of midwestern common sense every time
I need it. And in this job, I need it often.
As I said 2 years ago and it is still true, the Fox River, not the
Potomac River, is still my home. My family reminds me of that fact
every day.
Two years ago I stood here as the Speaker of this House, untested and
largely unknown. While Hastert may still not be a household name, I
hope that I have earned your respect as a fair and just Speaker of this
House. By this election today, I am reassured that I have performed the
duties that have been asked of me to lead this House and do the will of
the people.
To all those Democrats who have gone out of their way to support me
over the last 2 years, I value your respect and your loyalty because I
had to work harder to earn it. And for the rest of my Democratic
colleagues, if I have not earned your respect in the last 2 years, I
hope I can earn it in the next 2. I know it is not easy to have a rival
party lead the House's agenda. After all, I, too, used to be in the
minority. But I gave my word that I would go out of my way to make sure
your voices are heard, and my word is my bond.
Our political system has endured a trial. This trial has exposed many
warts in our political process. It has also exposed the great strength
of our democracy. After all, our system is based upon laws, not on
personalities, and ultimately, our Constitution triumphs.
Our democracy is stronger also because we have two strong political
parties and a vibrant opposition. Make no mistake, the system of checks
and balances originally devised by our Founding Fathers works, and it
will continue to work to protect the freedom of our citizens.
Many have commented about the deep wounds caused by this latest
political competition, but it serves no purpose to dwell on the past.
After all, our country is at peace. Our economy is still fundamentally
strong. Our people are united with a strength of purpose and by a
desire to live the American dream. It is only in Washington where many
still have a lingering animosity over the political parties.
We need to get over it. We need to work together to revitalize this
democracy. We need to get to the people's business. I have a great
faith that we can do so. This Nation has faced greater trials, and we
have persevered and prospered.
A former Speaker, a gentleman from Texas by the name of Sam Rayburn,
once said, ``I do believe when critical hours arise, the Members of
this House will do as they have done in the past: Rise to the occasion,
and show to the world that whether Republicans or Democrats, we are all
Americans, and love and want to protect and defend and perpetuate the
institutions of this, the best, the mightiest, and the freest
government that ever blessed mankind in all the world.''
He was right then, and his words ring true today. Let us show people
that even those who disagree can reach reasonable solutions for the
sake of a nation.
Our new president was elected on an agenda to promote prosperity,
opportunity, and security for all Americans. We have a duty to consider
his agenda and to help him lead America in this next Congress.
Two years ago I stood before you and said that every child should
have the right to a good education and a safe school. We have made some
progress, but we have a long way to go.
In a sense, this election was all about the education of our
children. Improving education still represents one of the Nation's
greatest challenges. Every child must have access to a good education
and a safe environment. Every school must be more accountable. Every
parent must have faith that his or her child is getting the best
education possible.
President-elect Bush spoke of ending the soft bigotry of low
expectations. We must expect more of our teachers, more of our parents,
more of our students, and more of our schools. We must make sure they
have the resources to do the job without wasting money on more Federal
bureaucracy.
I taught government and history at a small high school in northern
Illinois for 16 years. My wife taught in that same town for 34 years. I
know firsthand some of the problems that our public schools face:
declining test scores, rising dropout rates, complacency, decreasing
graduation rates.

[[Page 23]]

Yet, I know hundreds of teachers personally, and I know there are
hundreds of thousands of dedicated teachers who want to see our
children succeed.
The hundreds of Federal programs created to remedy the problems are
not helping. We need local solutions. If we really want to help
children learn, we need to send more dollars and decisions to the
parents, the teachers, and the folks who run the schools. We need to
cut Washington red tape.
To show the Nation our commitment to better schools, I will reserve
the first House bill, H.R. 1, for President-elect Bush's education
proposal. Together, let us pledge to improve education for all of our
students.
Retirement security is another challenge that Congress must face. Let
me begin about social security. Social security is a sacred trust. Our
challenge is now to keep it working far into the future.
In the last session of Congress we put Americans' social security
dollars in a lockbox so that government could no longer raid those
funds and threaten the future of the program. That helped social
security in the short term. Now we must look to the long term. The
American people deserve better than a fraction of 1 percent return on
their social security investment. If this program does not do better,
it will not survive.
The new President and the Congress have both promised to save social
security. Now is the time to make good on that promise. Together we
must search for a solution to a long-term problem.
Retirement security also means health care. Medicare must be
modernized, and that process must include prescription drug coverage
for all of our senior citizens. No senior should be forced to choose
between putting food on the table and having access to lifesaving
drugs. Together, we can work to modernize Medicare.
National security is another challenge that the 107th Congress must
face. We have done a good job of providing for more resources for our
men and women in uniform, but we can do better. It is still a dangerous
world out there, and our defensive capabilities must improve to keep
our citizens safe.
President-elect Bush pledged to work with the Congress to support our
national missile defense program and provide our military with the
funds they need to stay strong. This will be a top priority of the
107th Congress. Together we can work with the President to improve our
Nation's security and to keep our citizens safe from international
threats.
Finally, we have a duty to be fiscally responsible and to take steps
to keep our economy strong. The last Congress paid off more debt than
any other Congress in history. That is an amazing achievement. You
helped make that happen. We are on the road to pay off our public debt
by the year 2013. By continuing to pay off debt, we keep our economy
strong. We need to also have the responsibility to return surplus money
back to the taxpayers with commonsense tax relief.
We need to restore fairness to our Tax Code. It is not fair to tax
people for being married. It is not fair to tax people on every penny
they earn while they are living, and then tax them on what they have
left over when they die. In the last Congress we made progress on these
two tax fairness initiatives. This year, let us get it done.
Also, there are troubling signs that our economy is slowing down.
President-elect Bush has proposed a tax relief package that will
stimulate economic growth. I believe we have a duty to our constituents
and this country to consider this proposal. Together we can work with
the new President to keep our economy strong and to give tax relief to
all Americans.
More than 20 years ago, I stood as a high school teacher before the
classes of my high school day in and day out. I taught them about the
promises and the possibilities of this Nation, this country we call
America. I taught them that in America, people work hard to achieve
their dreams for their families, for their careers, and for their
communities. I told each student they could fulfill almost even their
wildest dreams if they were willing to sacrifice and to work for that
dream.
Little did I know then how fate would bring me to this place and to
this position, the Speaker of the House. But fate has also brought all
of you here. You all have sacrificed your time and your effort, and
your families have sacrificed with you, for a chance to serve in this
body. You have done so because you believe that you can get good things
done for your constituents and for all the American people, and that by
your efforts, you can make this even a better Nation.

{time} 1415

Together we have a great opportunity to work for the American people
as their representatives. There is no higher honor and there is no
greater responsibility. As we promise in solemn ceremony to uphold the
Constitution by taking the oath of office, let us do so with the
conviction that we renew the American government with each new
Congress; that we will renew our efforts by working together, fighting
about principle and searching for truth through debate.
Today, we are sworn in to represent the people. We participate in the
greatest ongoing democratic ritual in the world. Let us always be
mindful of our duties to our constituents and respectful of the
traditions of this institution. Let us pray that God guides us in all
that we do in these halls; that he gives us the knowledge to do the
people's work, the strength to persevere, and the wisdom to know when
to listen to what others say on this floor. May God bless this House.
Now, it is my time to do the people's business, and it is my great
honor to recognize my good friend and colleague from the Committee on
Commerce, whose legislative skills I admire so much.
I ask the Dean of the House of Representatives, the honorable
gentleman from Michigan (Mr. Dingell) to administer the oath.
Mr. DINGELL then administered the oath of office to Mr. Hastert of
Illinois, 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.
Mr. DINGELL. Congratulations.

____________________

SWEARING IN OF MEMBERS

The SPEAKER. According to the precedents, the Chair will swear in all
Members of the House at this time.
If the Members will rise, the Chair will now administer the oath of
office.
The Members-elect and Delegates-elect and the Resident Commissioner-
elect rose, and the Speaker administered the oath of office to them 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 office on which you are about to enter. So help you God.
The SPEAKER. Congratulations, you are now Members of the 107th
Congress.

____________________

MAJORITY LEADER

Mr. WATTS of Oklahoma. Mr. Speaker, as chairman of the Republican
Conference, I am directed by that conference to notify the House
officially that the Republican Members have selected as their majority
leader the gentleman from Texas, the Honorable Richard K. Armey.

____________________

MINORITY LEADER

Mr. FROST. Mr. Speaker, as chairman of the Democratic Caucus, I have
been directed to report to the House that the Democratic Members have
selected as minority leader the gentleman from Missouri, the Honorable
Richard A. Gephardt.

____________________

[[Page 24]]

MAJORITY WHIP

Mr. WATTS of Oklahoma. Mr. Speaker, as chairman of the Republican
Conference, I am directed by the conference to notify the House
officially that the Republican Members have selected as their majority
whip the gentleman from Texas, the Honorable Tom DeLay.

____________________

MINORITY WHIP

Mr. FROST. Mr. Speaker, as chairman of the Democratic Caucus, I have
been directed to report to the House that the Democratic Members have
selected as minority whip the gentleman from Michigan, the Honorable
David E. Bonior.

____________________

ELECTION OF CLERK OF THE HOUSE, SERGEANT AT ARMS, CHIEF ADMINISTRATIVE
OFFICER, AND CHAPLAIN

Mr. WATTS of Oklahoma. Mr. Speaker, I offer a privileged resolution
(H. Res. 1) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 1

Resolved, That Jeffrey J. Trandahl of the State of South
Dakota, be, and is hereby, chosen Clerk of the House of
Representatives;
That Wilson S. Livingood of the Commonwealth of Virginia
be, and is hereby, chosen Sergeant at Arms of the House of
Representatives;
That James M. Eagen, III, of the Commonwealth of
Pennsylvania be, and is hereby, chosen Chief Administrative
Officer of the House of Representatives; and
That Father Daniel P. Coughlin of the State of Illinois,
be, and is hereby, chosen Chaplain of the House of
Representatives.

Mr. FROST. Mr. Speaker, I have an amendment to the resolution, but
before offering the amendment, I request that there be a division of
the question on the resolution so that we may have a separate vote on
the Chaplain.
The SPEAKER. The question will be divided.
The question is on agreeing to that portion of the resolution
providing for the election of the Chaplain.
That portion of the resolution was agreed to.

Amendment Offered by Mr. Frost

Mr. FROST. Mr. Speaker, I offer an amendment to the remainder of the
resolution.
The Clerk read as follows:

Amendment offered by Mr. Frost:
Resolved, That Dan Turton of the District of Columbia be,
and is hereby, chosen Clerk of the House of Representatives;
That Steve Elmendorf of the District of Columbia be, and is
hereby chosen Sergeant at Arms of the House of
Representatives; and
That Moses Mercado of the District of Columbia be, and is
hereby, chosen Chief Administrative Officer of the House of
Representatives.

The SPEAKER. The question is on the amendment offered by the
gentleman from Texas (Mr. Frost).
The amendment was rejected.
The SPEAKER. The question is on the remainder of the resolution
offered by the gentleman from Oklahoma (Mr. Watts).
The remainder of the resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER. Will the officers-elect present themselves in the well
of the House?
The officers-elect presented themselves 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 of which you are about to enter. So help you God.
The SPEAKER. Congratulations. You have been sworn in as officers of
the House.

____________________

NOTIFICATION TO SENATE

Mr. ARMEY. Mr. Speaker, I offer a privileged resolution (H. Res. 2)
to inform the Senate that a quorum of the House has assembled and of
the election of the Speaker and the Clerk, and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 2

Resolved, That the Senate be informed that a quorum of the
House of Representatives has assembled; that J. Dennis
Hastert, a Representative from the State of Illinois, has
been elected Speaker; and Jeffrey J. Trandahl, a citizen of
the State of South Dakota, has been elected Clerk of the
House of Representatives of the One Hundred Seventh Congress.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

COMMITTEE TO NOTIFY THE PRESIDENT

Mr. ARMEY. Mr. Speaker, I offer a privileged resolution (H. Res. 3)
authorizing the Speaker to appoint a committee to notify the President
of the assembly of the Congress, and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 3

Resolved, That a committee of two Members be appointed by
the Speaker on the part of the House of Representatives to
join with a committee on the part of the Senate to notify the
President of the United States that a quorum of each House
has assembled and Congress is ready to receive any
communication that he may be pleased to make.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

{time} 1430

APPOINTMENT AS MEMBERS OF COMMITTEE TO NOTIFY THE PRESIDENT, PURSUANT
TO HOUSE RESOLUTION 3

The SPEAKER. The Chair appoints as members of the committee on the
part of the House to join a committee on the part of the Senate to
notify the President of the United States that a quorum of each House
has been assembled, and that Congress is ready to receive any
communication that he may be pleased to make, the gentleman from Texas
(Mr. Armey) and the gentleman from Missouri (Mr. Gephardt).

____________________

AUTHORIZING THE CLERK TO INFORM THE PRESIDENT OF THE UNITED STATES OF
THE ELECTION OF THE SPEAKER AND THE CLERK OF THE HOUSE OF
REPRESENTATIVES

Mr. ARMEY. Mr. Speaker, I offer a privileged resolution (H. Res. 4)
authorizing the Clerk to inform the President of the election of the
Speaker and the Clerk, and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 4

Resolved, That the Clerk be instructed to inform the
President of the United States that the House of
Representatives has elected J. Dennis Hastert, a
Representative from the State of Illinois, Speaker; and
Jeffrey J. Trandahl, a citizen of the State of South Dakota,
Clerk of the House of Representatives of the One Hundred
Seventh Congress.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

RULES OF THE HOUSE

Mr. ARMEY. Mr. Speaker, by direction of the House Republican
Conference, I call up a privileged resolution (H. Res. 5) and ask for
its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 5

Resolved, That the Rules of the House of Representatives of
the One Hundred Sixth Congress, including applicable
provisions of law or concurrent resolution that constituted
rules of the House at the end of the One Hundred Sixth
Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Seventh Congress, with
amendments to the standing rules as provided in section 2,
and with other orders as provided in section 3.

SEC. 2. CHANGES IN STANDING RULES.

(a) Publication of Documents.--

[[Page 25]]

(1) In clause 2(b) of rule II, strike ``printed and''.
(2) In clause 2(c)(3) of rule II, strike ``printing and''.
(3) In clause 2(c)(4) of rule II, strike ``printed''.
(4) In clause 2(e) of rule II, strike ``printed and''.
(5) In clause 2(f)(2) of rule II strike ``or mail''.
(6) In clause 2(f)(2) of rule II strike ``, in binding of
good quality,''.
(b) Preparation of Enrolled Bills.--
(1) In clause 2(d) of rule II, designate the existing text
as subparagraph (1) and insert thereafter the following new
subparagraph:
``(2) The Clerk shall examine all bills, amendments, and
joint resolutions after passage by the House and, in
cooperation with the Senate, examine all bills and joint
resolutions that have passed both Houses to see that they are
correctly enrolled and forthwith present those bills and
joint resolutions that originated in the House to the
President in person after their signature by the Speaker and
the President of the Senate, and report to the House the fact
and date of their presentment.''.
(2) In clause 4(d)(1) of rule X, strike subdivision (A),
redesignate the succeeding subdivisions accordingly (and
conform the subdivision-reference in subdivision (C), as
redesignated).
(c) Responding to Subpoenas.--In rule VIII, strike
``subpoena or other judicial order'' in each of the nine
places it appears and insert in lieu thereof (in each
instance) ``judicial or administrative subpoena or judicial
order''.
(d) Renaming of Committee on Commerce; Establishment of
Committee on Financial Services.--In clause 1 of rule X--
(1) strike paragraph (d);
(2) redesignate paragraph (e) as paragraph (d);
(3) redesignate paragraph (g) as paragraph (e) and transfer
that paragraph before paragraph (f);
(4) in paragraph (f)--
(A) strike ``Commerce'' and insert in lieu thereof ``Energy
and Commerce'' (and conform the reference in clause 3(c) of
rule X); and
(B) strike subparagraph (15) and redesignate the succeeding
subparagraph accordingly; and
(5) insert the following new paragraph after paragraph (f):
``(g) Committee on Financial Services.
``(1) Banks and banking, including deposit insurance and
Federal monetary policy.
``(2) Economic stabilization, defense production,
renegotiation, and control of the price of commodities,
rents, and services.
``(3) Financial aid to commerce and industry (other than
transportation).
``(4) Insurance generally.
``(5) International finance.
``(6) International financial and monetary organizations.
``(7) Money and credit, including currency and the issuance
of notes and redemption thereof; gold and silver, including
the coinage thereof; valuation and revaluation of the dollar.
``(8) Public and private housing.
``(9) Securities and exchanges.
``(10) Urban development.''.
(e) Enhanced Oversight Planning.--In clause 2(d)(1) of rule
X, insert after subdivision (A) the following new subdivision
(and redesignate the succeeding subdivisions accordingly):
``(B) review specific problems with federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose severe
financial burdens on individuals;''.
(f) Intelligence Oversight.--In clause 3 of rule X, add the
following new paragraph at the end:
``(l) The Permanent Select Committee on Intelligence shall
review and study on a continuing basis laws, programs, and
activities of the intelligence community and shall review and
study on an exclusive basis the sources and methods of
entities described in clause 11(b)(1)(A).''.
(g) Oversight of Officers.--
(1) In clause 4(d)(1) of rule X, amend subdivision (A) (as
redesignated) to read as follows:
``(A) provide policy direction for the Inspector General
and oversight of the Clerk, Sergeant-at-Arms, Chief
Administrative Officer, and Inspector General;''.
(2) In clause 4(a) of rule II strike ``policy direction
and''.
(h) Size of Intelligence Committee.--In the second sentence
of clause 11(a)(1) of rule X--
(1) strike ``not more than 16'' and insert in lieu thereof
``not more than 18''; and
(2) strike ``not more than nine'' and insert in lieu
thereof ``not more than 10''.
(i) Preserving Majority Quorum Requirements.--In clause
2(h)(3) of rule XI, strike ``the reporting of a measure or
recommendation'' and insert in lieu thereof ``one for which
the presence of a majority of the committee is otherwise
required''.
(j) Clarification of Hearing Procedures.--In clause 2(k) of
rule XI--
(1) in the caption, strike ``investigative'';
(2) in subparagraph (1)--
(A) strike ``an investigative hearing'' and insert in lieu
thereof ``a hearing''; and
(B) strike ``investigation'' and insert in lieu thereof
``hearing'';
(3) in subparagraph (2), strike ``to each witness'' and
insert in lieu thereof ``to each witness on request'';
(4) in subparagraph (3) strike ``investigative''; and
(5) in subparagraph (5)--
(A) strike ``an investigative hearing'' and insert in lieu
thereof ``a hearing'';
(B) strike ``asserted'' and insert in lieu thereof
``asserted by a member of the committee''; and
(C) strike ``any person'' and insert in lieu thereof ``any
person, or it is asserted by a witness that the evidence or
testimony that the witness would give at a hearing may tend
to defame, degrade, or incriminate the witness''.
(k) Certain Supplemental Reports Without Additional
Layover.--In clause 3(a)(2) of rule XIII, add the following
new sentence at the end: ``A supplemental report only
correcting errors in the depiction of record votes under
paragraph (b) may be filed under this subparagraph and shall
not be subject to the requirement in clause 4 concerning the
availability of reports.''.
(l) Performance Goals and Objectives.--
(1) In clause 3(c) of rule XIII, amend subparagraph (4) to
read as follows:
``(4) A statement of general performance goals and
objectives, including outcome-related goals and objectives,
for which the measure authorizes funding.''.
(2) In clause 4(c)(2) of rule X, strike ``matter involved''
and all that follows and insert in lieu thereof ``matter
involved.''.
(m) Report Detail on Unauthorized Appropriations.--In
clause 3(f)(1) of rule XIII, amend subdivision (B) to read as
follows:
``(B) a list of all appropriations contained in the bill
for expenditures not currently authorized by law for the
period concerned (excepting classified intelligence or
national security programs, projects, or activities), along
with a statement of the last year for which such expenditures
were authorized, the level of expenditures authorized for
that year, the actual level of expenditures for that year,
and the level of appropriations in the bill for such
expenditures.''.
(n) Corrections Calendar.--
(1) In clause 4(a)(2) of rule XIII, insert after
subdivision (B) the following new subdivision (and
redesignate the succeeding subdivisions accordingly):
``(C) a bill called from the Corrections Calendar under
clause 6 of rule XV;''.
(2) In clause 6(a) of rule XV, strike ``that has been on
the Corrections Calendar for three legislative days'' and
insert in lieu thereof ``that is printed on the Corrections
Calendar''.
(o) Objections to Exhibits.--In clause 6 of rule XVII,
strike ``its use shall be decided without debate by a vote of
the House'' and insert in lieu thereof ``the Chair, in his
discretion, may submit the question of its use to the House
without debate''.
(p) Postponing Requests for Recorded Votes on Amendments in
Committee of Whole.--In clause 6 of rule XVIII, add the
following new paragraph at the end:
``(g) The Chairman may postpone a request for a recorded
vote on any amendment. The Chairman may resume proceedings on
a postponed request at any time. The Chairman may reduce to
five minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be 15 minutes.''.
(q) Naming of Public Works.--In rule XXI, add the following
new clause at the end:
``Designations of public works''
``6. It shall not be in order to consider a bill, joint
resolution, amendment, or conference report that provides for
the designation or redesignation of a public work in honor of
an individual then serving as a Member, Delegate, Resident
Commissioner, or Senator.''.
(r) Motions Instructing Conferees.--
(1) In clause 7 of rule XXII, in subparagraph (c)(1),
strike ``first legislative''.
(2) In clause 7 of rule XXII, in subparagraph (c)(1)--
(A) strike the dash after ``privileged'';
(B) strike the designations of subdivisions (A) and (B);
and
(C) strike ``; and'' and insert in lieu thereof ``, but
only''.
(3) In clause 7 of rule XXII, redesignate paragraph (d) as
paragraph (e) and insert the following new paragraph after
paragraph (c):
``(d) Instructions to conferees in a motion to instruct or
in a motion to recommit to conference may not include
argument.''.
(s) Repeal of Automatic Public-Debt Measure.--
(1) Strike rule XXIII and redesignate the succeeding rules
accordingly.
(2) In clause 4(f)(2) of rule X, strike ``budget'' and all
that follows and insert in lieu thereof ``budget.''.
(3) In clause 9(b)(2) of rule X, strike ``rule XXIV'' and
insert in lieu thereof ``rule XXIII''.
(4) In clause 3(a)(5) of rule XI, strike ``rule XXIV'' and
insert in lieu thereof ``rule XXIII''.
(5) In clause 4 of rule XXIII (as redesignated), strike
``rule XXVI'' and insert in lieu thereof ``rule XXV''.

[[Page 26]]

(6) In clause 5 of rule XXIII (as redesignated), strike
``rule XXVI'' and insert in lieu thereof ``rule XXV''.
(7) In clause 12(a) of rule XXIII (as redesignated), strike
``rule XXVII'' and insert in lieu thereof ``rule XXVI''.
(t) Prohibition on Paid Employment of Spouse.--In clause 8
of rule XXIII (as redesignated), add the following new
paragraph at the end:
``(c)(1) Except as specified in subparagraph (2)--
``(A) a Member, Delegate, or Resident Commissioner may not
retain his spouse in a paid position; and
``(B) an employee of the House may not accept compensation
for work for a committee on which his spouse serves as a
member.
``(2) Subparagraph (1) shall not apply in the case of a
spouse whose pertinent employment predates the One Hundred
Seventh Congress.''.
(u) Oaths Concerning Classified Information.--In clause 13
of rule XXIII (as redesignated), add the following new
sentence at the end: ``The Clerk shall make signatures a
matter of public record, causing the names of each Member,
Delegate, or Resident Commissioner who has signed the oath
during a week (if any) to be published in a portion of the
Congressional Record designated for that purpose on the last
legislative day of the week and making cumulative lists of
such names available each day for public inspection in an
appropriate office of the House.''.
(v) Activities of Consultants.--In clause 14(b) of rule
XXIII (as redesignated), add the following new sentences at
the end: ``An individual whose services are compensated by
the House pursuant to a consultant contract may not lobby the
contracting committee or the members or staff of the
contracting committee on any matter. Such an individual may
lobby other Members, Delegates, or the Resident Commissioner
or staff of the House on matters outside the jurisdiction of
the contracting committee.''.
(w) Clarification of Terms in Gift Rule.--
(1) In clause 4(a)(1) of rule XXV (as redesignated), strike
``; and'' and insert in lieu thereof a period.
(2) In clause 4(a)(2) if rule XXV (as redesignated), strike
``(2) when'' and insert in lieu thereof ``(2)(A) When''.
(3) After clause 4(a)(2)(A) of rule XXV (as redesignated),
insert the following new subdivision:
``(B) When used in clause 5 of this rule, the terms
`officer' and `employee' have the same meanings as in rule
XXIII.''.
(4) In clause 5(e)(1) of rule XXV (as redesignated), strike
``and'' after subparagraph (1).
(5) At the end of clause 5(e)(2) of rule XXV (as
redesignated), strike the period and insert in lieu thereof
``; and''.
(6) After clause 5(e)(2) of rule XXV (as redesignated),
insert the following new subparagraph:
``(3) the terms `officer' and `employee' have the same
meanings as in rule XXIII.''.
(x) Technical Corrections in Recodification.--
(1) In clause 3(a) of rule VII, strike ``paragraph (b),
clause 4,'' and insert in lieu thereof ``clause 4(b)''.
(2) In clause 5(a) of rule VII, strike ``clause 9'' and
insert in lieu thereof ``clause 11''.
(3) In clause 7(b) of rule X, strike ``under this
paragraph''.
(4) In clause 7(d) of rule X, strike ``this paragraph'' and
insert in lieu thereof ``this clause''.
(5) In clause 7(e) of rule X, strike ``this paragraph'' and
insert in lieu thereof ``this clause''.
(6) In clause 7(f)(1) of rule X, strike ``this paragraph''
and insert in lieu thereof ``this clause''.
(7) In clause 7(f)(2) of rule X, strike ``this paragraph''
and insert in lieu thereof ``this clause''.
(8) In clause 9(g) of rule X, strike ``paragraph (a) of
clause 6'' and insert in lieu thereof ``clause 6(a)''.
(9) In clause 11(d)(1) of rule X, strike ``clauses 6(a),
(b), and (c) and 8(a), (b), and (c) of this rule'' and insert
in lieu thereof ``clauses 8(a), (b), and (c) and 9(a), (b),
and (c) of this rule''.
(10) In clause 2(m)(1) of rule XI, strike ``subparagraph
(2)(A)'' and insert in lieu thereof ``subparagraph (3)(A)''.
(11) In clause 7(a) of rule XII, strike ``All other bills''
and insert in lieu thereof ``Bills''.
(12) In clause 1 of rule XIV, strike ``clause 9(a)'' and
insert in lieu thereof ``clause 8''.
(13) In clause 3 of rule XIV, strike ``clause 9'' and
insert in lieu thereof ``clause 8''.
(14) In clause 2(c) of rule XV, strike ``printed with the
signatures'' and insert in lieu thereof ``published with the
signatures''.
(15) In clause 8(c) of rule XVIII, strike ``this rule'' and
insert in lieu thereof ``this clause''.
(16) In clause 8(b) of rule XXIII (as redesignated), strike
``clause 7'' and insert in lieu thereof ``clause 9'' in both
places where it appears.

SEC. 3. SEPARATE ORDERS.

(a) Standards Committee Rules.--For the One Hundred Seventh
Congress, each provision of House Resolution 168 of the One
Hundred Fifth Congress that was not executed as a change in
the standing rules is hereby reaffirmed (except that,
notwithstanding section 13 of that resolution, the chairman
and ranking minority member of the Committee on Standards of
Official Conduct may consult with an investigative
subcommittee either on their own initiative or on the
initiative of the subcommittee, shall have access to
information before a subcommittee with which they so consult,
and shall not thereby be precluded from serving as full,
voting members of any adjudicatory subcommittee).
(b) Budget Enforcement.--
(1) During the One Hundred Seventh Congress, references in
section 306 of the Congressional Budget Act of 1974 to a
resolution shall be construed in the House of Representatives
as references to a joint resolution.
(2) During the One Hundred Seventh Congress, in the case of
a reported bill or joint resolution considered pursuant to a
special order of business, a point of order under section 303
of the Congressional Budget Act of 1974 shall be determined
on the basis of the text made in order as an original bill or
joint resolution for the purpose of amendment or to the text
on which the previous question is ordered directly to
passage, as the case may be.
(3) During the One Hundred Seventh Congress, a provision in
a bill or joint resolution, or in an amendment thereto or a
conference report thereon, that establishes prospectively for
a Federal office or position a specified or minimum level of
compensation to be funded by annual discretionary
appropriations shall not be considered as providing new
entitlement authority within the meaning of the Congressional
Budget Act of 1974.
(c) Certain Subcommittees.--Notwithstanding clause 5(d) of
rule X, during the One Hundred Seventh Congress--
(1) the Committee on Government Reform may have not more
than eight subcommittees;
(2) the Committee on International Relations may have not
more than six subcommittees; and
(3) the Committee on Transportation and Infrastructure may
have not more than six subcommittees.
(d) Numbering of Bills.--In the One Hundred Seventh
Congress, the first 10 numbers for bills (H.R. 1 through H.R.
10) shall be reserved for assignment by the Speaker to such
bills as he may designate when introduced during the first
session.

Mr. ARMEY (during the reading). Mr. Speaker, I ask unanimous consent
that the resolution be considered as read and printed in the Record.
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The SPEAKER. The gentleman from Texas (Mr. Armey) is recognized for 1
hour.
Mr. ARMEY. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Missouri (Mr. Gephardt), or
his designee, pending which I yield myself such time as I may consume.
During consideration of the resolution, all time yielded is for debate
purposes only.
Mr. Speaker, I ask unanimous consent that the time allocated to me be
controlled by the gentleman from California (Mr. Dreier).
The SPEAKER pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from Texas?
There was no objection.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first of all I would like to extend congratulations, a
happy new year, and my appreciation to the majority leader for his fine
leadership.
Mr. Speaker, the comprehensive changes we are proposing in H. Res. 5
seek to build on the successful institutional reform accomplishments of
the past 6 years, which have helped to make the House more accountable
and have strengthened our ability to govern effectively and
responsibly.
As you will recall, Mr. Speaker, we streamlined the committee system,
made Congress compliant with anti-discrimination and workplace safety
laws, established term limits for committee chairmen, completely
abolished proxy voting, opened committee meetings to the public and
press, modernized the rules of the House to make them more
understandable, and consolidated the number of standing rules from 51
to 28, soon to be 27 if H. Res. 5 is adopted.
Also, thanks to the leadership of our colleagues, the gentleman from
California (Mr. Thomas) and the gentleman from Michigan (Mr. Ehlers),
our investments in technology are transforming the culture, operations,
and responsibilities of Congress in a very positive way.
With that having been said, I want to describe some of the more
significant

[[Page 27]]

positive rules changes we are proposing to the standing rules of the
House, and those are contained in section 1 of the resolution.
In an effort to reduce printing costs and provide for the more timely
distribution of them, section 2(a) of the resolution amends clause 2 of
rule II to encourage the electronic publication and distribution of
executive branch reports and House Journals and Calendars, while still
allowing Members to receive printed copies of these documents.
In what is obviously one of our most significant changes, Mr.
Speaker, section 2(d) of the resolution establishes a new Committee on
Financial Services, which will have jurisdiction over the following
matters:
(1) banks and banking, including deposit insurance and Federal
monetary policy;
(2) economic stabilization, defense production, renegotiation, and
control of the price of commodities, rents, and services;
(3) financial aid to commerce and industry (other than
transportation);
(4) insurance generally;
(5) international finance;
(6) international financial and monetary organizations;
(7) money and credit, including currency and the issuance of notes
and redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar;
(8) public and private housing;
(9) securities and exchanges; and
(10) urban development.
Mr. Speaker, jurisdiction over matters relating to securities and
exchanges is transferred in its entirety from the Committee on
Commerce, which will be redesignated under this rules change to the
Committee on Energy and Commerce, and it will be transferred from the
new Committee on Energy and Commerce to this new Committee on Financial
Services. This transfer is not intended to convey to the Committee on
Financial Services jurisdiction currently in the Committee on
Agriculture regarding commodity exchanges.
Furthermore, this change is not intended to convey to the Committee
on Financial Services jurisdiction over matters relating to regulation
and SEC oversight of multi-state public utility holding companies and
their subsidiaries, which remain essentially matters of energy policy.
Mr. Speaker, as a result of the transfer of jurisdiction over matters
relating to securities and exchanges, redundant jurisdiction over
matters relating to bank capital markets activities generally and
depository institutions securities activities, which were formerly
matters in the jurisdiction of the Committee on Banking and Financial
Services, have been removed from clause 1 of rule X.
Matters relating to insurance generally, formerly within the
jurisdiction of the redesignated Committee on Energy and Commerce, are
transferred to the jurisdiction of the Committee on Financial Services.
The transfer of any jurisdiction to the Committee on Financial
Services is not intended to limit the Committee on Energy and
Commerce's jurisdiction over consumer affairs and consumer protection
matters.
Likewise, existing health insurance jurisdiction is not transferred
as a result of this change.
Furthermore, the existing jurisdictions of other committees with
respect to matters relating to crop insurance, Workers' Compensation,
insurance anti-trust matters, disaster insurance, veterans' life and
health insurance, and national social security are not affected by this
change.
Finally, Mr. Speaker, the changes and legislative history involving
the Committee on Financial Services and the Committee on Energy and
Commerce do not preclude a future memorandum of understanding between
the chairmen of these respective committees.
The reasons for establishing a new Committee on Financial Services
are compelling. It reflects the coordinated and comprehensive approach
to financial services that is emerging in the wake of the Gramm-Leach-
Bliley Act. It demonstrates and communicates a level of understanding
that will increase market confidence in our ability to comprehend the
increasingly integrated nature of the financial services market.
It will strengthen congressional oversight of financial regulators
and enterprises and will put the House of Representatives in a better
position to address the marketplace inequities caused by the Federal
Government's slow response to change.
Now, Mr. Speaker, there are a number of other significant positive
changes included in H. Res. 5. To enhance oversight planning, section
2(e) of the resolution amends clause 2(d)(1) of rule X to require
committees to consider bills that will make candidates for the
Corrections Calendar procedure in their initial legislative and
oversight planning process.
Section 2(g) amends clause 4(d)(1) of rule X and clause 4(a) of rule
II to clarify that the Committee on House Administration provides
policy direction only for the Inspector General and not other officers
of the House. We have professional officers, and we want to give them
more authority over their operations.
In a further attempt to improve policy and programmatic oversight,
section 2(1) amends clause 3(c) of rule XIII clause 4(c) of rule X to
repeal the requirement that committee reports include a summary of
oversight findings and recommendations by the Committee on Government
Reform, if timely submitted.
That requirement is replaced with a new requirement that committee
reports include a statement of general performance goals and
objectives, including outcome-related goals and objectives, for which
the measure authorizes funding.
The purpose of this change is to strengthen the existing procedures
and rules governing committee reports to ensure the development of more
clearly defined performance goals and objectives, including outcome-
related goals and objectives for the programs, and to the extent
possible, projects or activities authorized under the act.
Consistent with this intent, the statements should be similar to the
performance goals model established in the Government Performance and
Results Act. More specifically, when applicable, all performance goal
statements should: (1) describe goals in an objective, quantifiable,
and measurable form; (2) describe the resources required to meet the
goals; (3) establish performance indicators to measure outputs or
outcomes; and (4) provide a basis for comparing actual program results
with performance goals.
As a result of the expanded reporting requirements in section 2(m) of
the resolution, the amount and usefulness of information available to
Members regarding unauthorized appropriations will be expanded. The
amendment to clause 3(f)(1) of rule XIII would apply to all
unauthorized appropriations with the exception of programs, projects,
or activities that are classified for the purpose of protecting
national security.
Section 2(r) amends clause 7 of rule XXII to prohibit the use of
argument in the form of a motion to instruct conferees or a motion to
recommit a conference report. These motions are instructive motions,
not debating motions. Motions to instruct are debatable once they are
pending before the House, but not while they are being offered. Motions
to recommit with instructions are debatable during the hour allotted on
the conference report.
House Rule XXIII regarding the statutory limit on the public debt
will be replaced by section 2(s) of the resolution, and the total
number of House rules will drop from 28 to 27. This will restore
accountability to the budget process by having an up or down vote on
any statutory increase in the public debt.
Section 2(u) of the resolution requires the Clerk of the House to
release information concerning Members' executions of the oath
regarding classified information. Right now there is no way to find out
who has or has not signed the secrecy oath.
For the most part, the remaining provisions of the section are
technical, conforming, or clarifying in nature.

[[Page 28]]

Section 3 of the resolution consists of ``Separate Orders'' which do
not change any of the standing rules of the House. These are more or
less housekeeping provisions which deem certain actions or waive the
application of certain rules of the House.
For example, on September 18, 1997, the House adopted the
recommendations of a 12-member bipartisan task force on ethics reform
with certain amendments, which included not only changes to the
standing rules of the House but also freestanding directives to the
Committee on Standards of Official Conduct.
Those freestanding directives address committee agenda, committee
staff, meetings and hearings, public disclosure, requirements to
constitute a complaint, duties of the chairman and ranking member,
investigative and adjudicatory subcommittees, standard of proof for
adoption of statement of alleged violation, subcommittee powers, due
process rights of respondents, and committee reporting requirements.
In order to have force and effect in the 107th Congress, the
freestanding provisions of H. Res. 168 are being carried forward by
section 3(a) of the resolution.
However, notwithstanding section 13 of H. Res. 168, the chairman and
ranking minority member of the Committee on Standards of Official
Conduct may consult with an investigative subcommittee either on their
own initiative or on the initiative of the subcommittee, shall have
access to information before a subcommittee with which they so consult,
and shall not thereby be precluded from serving as full voting members
of any adjudicatory subcommittee.
Section 3(c) of the resolution provides a limited number of
exemptions to clause 5(d) of rule X regarding the limitation on the
number of subcommittees a committee may establish.
On November 13, 1997, the House approved H. Res. 326, which provided
an exception for the Committee on Government Reform to temporarily
establish an eighth subcommittee for the remainder of the 105th
Congress.
H. Res. 5 in the 106th Congress allowed the Committee to again
establish an eighth subcommittee to accommodate the need for extensive
oversight over the census.

{time} 1445

Section 2(c) of this resolution grants the Committee on Government
Reform another waiver of clause 5(d) of rule X to permit an eighth
subcommittee for the duration of the 107th Congress.
In addition, section 2(c) allows the Committee on Transportation and
Infrastructure and the Committee on International Relations to
establish six subcommittees notwithstanding the requirement of clause
5(d)(2) of rule X that a committee may have a sixth subcommittee if it
maintains a subcommittee on oversight.
At this point, Mr. Speaker, I would like to include for the Record a
more detailed section-by-section summary, although I doubt that that is
possible, of H. Res. 5 as well as other relevant material.

Section-by-Section Summary of H. Res. 5--Adopting House Rules for the
107th Congress

section 1. resolved clause

The rules of the House of Representatives for the 106th
Congress are adopted as the rules of the House of the 107th
Congress with amendments as provided in section 2, and with
other orders provided in section 3.

section 2. changes in standing rules

(a) Publication of Documents. The rules regarding the
responsibilities of the Clerk of the House with respect to
the printing or methods of distributing executive branch
reports, the House Journal and calendars of the House are
modified generically to encompass alternative forms of
publication and distribution. [Rule II, clause 2]
(b) Preparation of Enrolled Bills. The responsibility for
examining all bills, amendments and joint resolutions after
passage by the House, and for examining all bills and joint
resolutions that have passed both Houses of Congress to see
that they are correctly enrolled and presented to the
President will be transferred from the Committee on House
Administration to the Clerk of the House. [Rule II, clause
2(d); Rule X, clause 4(d)(1)]
(c) Responding to Subpoenas. The rules addressing responses
to the legal process are clarified to reflect the current
interpretation that such rules apply to both judicial orders
and administrative subpoenas. [Rule VIII]
(d-1) Establishment of Committee on Financial Services. The
Committee on Banking and Financial Services is abolished and
a new Committee on Financial Services is established
consisting of the jurisdiction of the old Committee on
Banking and Financial Services, and jurisdiction over
securities and exchanges and insurance generally (which is
transferred from the Committee on Commerce). [Rule X, clause
1]
(d-2) Renaming of Committee on Commerce. The Committee on
Commerce is redesignated as the Committee on Energy and
Commerce. [Rule X, clause 1]
(e) Enhanced Oversight Planning. Committees are required to
include in the oversight plans they adopt at the beginning of
each Congress a review of specific problems with federal
rules, regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or impose a severe
financial burden on individuals. This review would be the
basis for the consideration of bills that may be candidates
for the Corrections Calendar procedure. [Rule X, clause
2(d)(1)]
(f) Intelligence Oversight. The Permanent Select Committee
on Intelligence is to have exclusive oversight responsibility
over the sources and methods of the core intelligence
agencies. [Rule X, clause 3]
(g) Oversight of Officers. The Committee on House
Administration will provide policy direction only for the
Inspector General and not for other officers of the House.
The Committee will retain all oversight responsibilities over
the Clerk, Sergeant-at-Arms, and Chief Administrative
Officer. [Rule X, clause 4(d)(1)(b); rule II, clause 4(a)]
(h) Size of Intelligence Committee. The size of the
Permanent Select Committee on Intelligence will be increased
from not more than 16 Members to not more than 18 Members, of
which no more than 10 may be from the same party. [Rule X,
clause 11]
(i) Preserving Majority Quorum Requirements. The
requirement for a majority quorum for ordering a measure
reported, the release of executive session material, the
issuance of subpoenas, and determining if evidence or
testimony may tend to defame, degrade, or incriminate any
person is clarified with conforming language. [Rule XI,
clause 2(h)(3)]
(j) Clarification of Hearing Procedures. The procedures for
committee hearings are modified to: resolve an unintended
implication about hearings labeled as something other than
investigative; clarify that a copy of the committee rules and
hearing procedures shall be made available to each witness
``upon request;'' and clarify that an assertion that evidence
or testimony at a hearing may tend to defame, degrade, or
incriminate any person must be made either by a Member of the
committee or by a witness at a hearing. [Rule XI, clause
2(k)]
(k) Certain Supplemental Reports Without Additional
Layover. A committee may file a supplemental report without
additional layover to correct errors in the depiction of
record votes in committee. [Rule XIII, clause 3(a)(2)]
(l) Performance Goals and Objectives. The requirement that
committee reports include a summary of oversight findings and
recommendations by the Committee on Government Reform, if
timely submitted, is repealed and replaced with a new
requirement that committee reports include a statement of
general performance goals and objectives, including outcome-
related goals and objectives, for which the measure
authorizes funding. [Rule XIII, clause 3(c); rule X, clause
4(c)(2)]
(m) Report Detail on Unauthorized Appropriations. The
reporting requirements for unauthorized appropriations are
expanded to include a statement of the last year for which
the expenditures were authorized, the level of expenditures
authorized for that year, the actual level of expenditures
for that year, and the level of appropriations in the bill
for such expenditures. [Rule XIII, clause 3(f)(1)]
(n) Corrections Calendar. On the second and fourth Tuesdays
of a month, a bill that is printed in the Corrections
Calendar section of the daily calendar may be considered
without further layover. [Rule XIII, clause 4(a)(2); rule XV,
clause 6(a)]
(o) Objections to Exhibits. When the use of an exhibit in
debate is objected to, the requirement that the question of
its use be decided without debate by a vote of the House is
modified to provide discretion to the Chair to submit the
question of its use to the House without debate. [Rule XVII,
clause 6]
(p) Postponing Requests for Recorded Votes on Amendments in
Committee of the Whole. The current practice of providing
authority, through special rules, to the Chair to postpone
votes on amendments in the Committee of the Whole, and to
reduce voting time to five minutes on a postponed question if
the vote follows a fifteen minute vote, is made permanent.
[Rule XVIII, clause 6]
(q) Naming of Public Works. It shall not be in order to
consider a bill, joint resolution, amendment, or conference
report that provides for the designation or redesignation of
a public work in honor of an individual then

[[Page 29]]

serving as a Member, Delegate, Resident Commissioner, or
Senator. [Rule XXI]
(r) Motions Instructing Conferees. The intended operation
of the rule to avoid noticing a 20-day motion to instruct on
the first legislative day of a week is restored, and the
elements of privilege are restated to clarify that they
operate in tandem and not independently. Further,
instructions to conferees in any motion may not include
argument. [Rule XXII, clause 7]
(s) Repeal of Automatic Public-Debt Measure. The rule
regarding the statutory limit on the public debt is repealed,
and the succeeding rules are redesignated accordingly. [Rule
XXIII]
(t) Prohibition on Paid Employment Spouse. The application
of the provisions of section 3110 of Title V of the U.S. Code
as it relates to Members of the House is prospectively
strengthened. [Rule XXIV, clause 8 (redesignated as rule
XXIII, clause 8)]
(u) Oaths Concerning Classified Information. The
requirement that a Member, Delegate, or Resident Commissioner
sign a secrecy oath before having access to classified
information is modified to require the Clerk of the House to
make such signatures a matter of public record, publish new
signatures, if any, in the Congressional Record on the last
legislative day of the week, and make cumulative lists of
such names available each day for public inspection in an
appropriate office of the House. [Rule XXIV, clause 13
(redesignated as rule XXIII)]
(v) Activities of Consultants. The prohibition against
representing a third party or interest by individuals whose
services are compensated by the House pursuant to a
consultant contract is limited to the contracting office or
committee, including its staff. Such individuals will
continue to be considered employees of the House for purposes
of other applicable provisions of the Code of Conduct. [Rule
XXIV, clause 14 (redesignated as rule XXIII)]
(w) Clarification of Terms in Gift Rule. In the gift rule,
the definition of ``employee'' is clarified to cover all
employees of the House, not the narrower meaning assigned for
purposes of the limitations on outside earned income. [Rule
XXVI, clause 4(a) and 5(e) (redesignated as rule XXV)]
(x) Technical Corrections in Recodification. Technical and
grammatical changes are made throughout the rules of the
House to correct changes that were made as a result of the
recodification of the House rules at the beginning of the
106th Congress.

Section 3. Separate Orders.

(a) Standards Committee Rules. The free-standing directives
of H. Res. 168 of the 105th Congress (sections 3, 4, 5, 7,
10, 11, 12, 13, 14, 15, 16, 17, 20, and 21) regarding ethics
reform shall be carried forward in the 106th Congress.
However, notwithstanding section 13 of that resolution, the
chairman and ranking minority member of the Committee on
Standards of Official Conduct may consult with an
investigative subcommittee either on their own initiative or
on the initiative of the subcommittee, shall have access to
information before a subcommittee with whom they so consult,
and shall not thereby be precluded from serving as full,
voting members of any adjudicatory subcommittee.
(b) Budget Enforcement. During the 107th Congress,
references in section 306 of the Congressional Budget Act of
1974 to a resolution shall be construed in the House of
Representatives as references to a joint resolution. In the
case of reported bill or joint resolution considered pursuant
to a special order of business, a point of order under
section 303 of the Congressional Budget Act of 1974 shall be
determined on the basis of the text made in order as an
original bill or joint resolution for the purpose of
amendment or to the text on which the previous question is
ordered directly to passage, as the case may be. During the
107th Congress, a provision in a bill or joint resolution, or
in an amendment thereto or a conference report thereon, that
establishes prospectively for a Federal office or position a
specified or minimum level of compensation to be funded by
annual discretionary appropriations shall not be considered
as providing new entitlement authority within the meaning of
the Congressional Budget Act of 1974.
(c) Certain Subcommittees. Notwithstanding clause 5(d) of
rule X, during the 107th Congress the Committee on Government
Reform may have not more than eight subcommittees; the
Committee on International Relations may have not more than
six subcommittees; and the Committee on Transportation and
Infrastructure may have not more than six subcommittees.
(d) Numbering of Bills. In the 107th Congress, the first 10
numbers for bills (H.R. 1 through H.R. 10) shall be reserved
for assignment by the Speaker to such bills as he may
designate when introduced during the first session.

Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
Happy new year, and happy new year to my chairman.
Mr. Speaker, last fall's election was a record breaker. Votes for
everything from President down to State legislators were closer than
ever before. If the voters told us anything on November 7, it was we
have to work together. The only mandate this Congress and the White
House have is to put aside our differences and get things done. But,
Mr. Speaker, that mandate of cooperation is not reflected in this
Republican rules package.
This rules package skews committee ratios so much in favor of the
Republicans that you would think they had won by a landslide while in
fact, Mr. Speaker, their majority in the House is less than 2 percent.
Many Americans believe that if the Republicans in Congress have barely
more than 50 percent of the vote, then the Republicans should get no
more than 51 percent of the committee slots and resources. But one look
at this rules package shows that that is not the case.
Mr. Speaker, I include for the Congressional Record the following two
charts detailing the skewed committee ratios.
If Republicans, with a 51.3 percent majority in the House,
maintain the same committees at the same size they were in
the 106th Congress but use a committee ratio reflecting the
ratio in the House (and keep all Republicans currently on
each committee), the following numbers of additional
Democrats would have committee seats:

------------------------------------------------------------------------
Added
Committee New Democratic
ratio seats
------------------------------------------------------------------------
Agriculture........................................ 27-26 +2
Appropriations..................................... 34-33 +6
Armed Services..................................... 32-31 +3
Banking............................................ 32-31 +3
Budget............................................. 24-23 +4
Commerce........................................... 29-28 +4
Education.......................................... 27-26 +4
Government Reform.................................. 24-23 +4
House Administration............................... 6-5 +2
International Relations............................ 26-25 +2
Judiciary.......................................... 21-20 +4
Resources.......................................... 28-27 +3
Science............................................ 25-24 +2
Small Business..................................... 19-18 +1
Transportation..................................... 41-40 +6
Veterans........................................... 17-16 +2
Ways and Means..................................... 23-22 +6
------------------------------------------------------------------------

House Committee Party Ratios
--------------------------------------------------------------------------------------------------------------------------------------------------------
Distribution of seats Difference
---------------------------------------- in %
Members Percentage Committee
106th Congress Total Seat ---------------------------------------- Independent majority
Edge compared to
Majority Minority Majority Minority % House
(R) (D) (R) (D) majority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total House Members............................................... 435 12 223 211 51.26 48.51 1 ...........
Total Committee Seats............................................. 835 83 458 375 54.85 44.91 2 3.59

COMMITTEE

Agriculture....................................................... 51 3 27 24 52.94 47.06 ........... 1.68
Appropriations.................................................... 61 7 34 27 55.74 44.26 ........... 4.47
Armed Services.................................................... 60 4 32 28 53.33 46.67 ........... 2.07
Banking and Financial Services.................................... 60 5 32 27 53.33 45.00 1 2.07
Budget............................................................ 43 5 24 19 55.81 44.19 ........... 4.55
Commerce.......................................................... 53 5 29 24 54.72 45.28 ........... 3.45
Education and the Workforce....................................... 49 5 27 22 55.10 44.90 ........... 3.84
Government Reform................................................. 44 5 24 19 54.55 43.18 1 3.28
House Administration.............................................. 9 3 6 3 66.87 33.33 ........... 15.40
International Relations........................................... 49 3 26 23 53.06 46.94 ........... 1.80
Judiciary......................................................... 37 5 21 16 56.76 43.24 ........... 5.49
Resources......................................................... 52 4 28 24 53.85 46.15 ........... 2.58
Rules............................................................. 13 5 9 4 69.23 30.77 ........... 17.97
Science........................................................... 47 3 25 22 53.19 46.81 ........... 1.93

[[Page 30]]

Small Business.................................................... 36 2 19 17 52.78 47.22 ........... 1.51
Standards of Official Conduct..................................... 10 0 5 5 50.00 50.00 ........... -1.26
Transportation and Infrastructure................................. 75 7 41 34 54.67 45.33 ........... 3.40
Veterans' Affairs................................................. 31 3 17 14 54.84 45.16 ........... 3.57
Ways and Means.................................................... 39 7 23 16 58.97 41.03 ........... 7.71
Permanent Select on Intelligence.................................. 16 2 9 7 56.25 43.75 ........... 4.99
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source for data are Congressional Yellow Book, and Vital Statistics on Congress, 1999-2000.
Delegates and Resident Commissioner are included in the committee ratios.
For consistency, vacancies are counted in overall total and party totals.
Percentages were calculated by computer, and reflect rounding.
In some instances, published source may indicate unfilled vacancy.
Ratios do not reflect post-election resignations.

Last Congress when the majority party was entitled to 51 percent of
the seats, my Republican colleagues took 59 percent of the seats on
Ways and Means, they took 57 percent of the seats on Judiciary, and
they took almost 56 percent of the seats on the Committee on the
Budget.
Mr. Speaker, in addition to being unfair, those committee ratios
denied millions of Americans their right to representation on specific
congressional committees. And my Republican colleagues are about to do
that again in this Congress when the majority is even slimmer than it
was last year. But I think it is better to put it this way, Mr.
Speaker: If the ratios on the committees were to reflect the ratio in
the House this Congress, 58 more Democratic districts would have their
representatives seated at the committee tables. Even my dear friend, my
chairman, the gentleman from California (Mr. Dreier) signed a joint
committee report saying, and I quote, committee seats should be
allocated to reflect the overall ratio of the House. Of course, that
was a different time and a different place.
Up until 6 years ago, my Republican colleagues regularly included
requirements for fair committee ratios in their rules packages. That
is, Mr. Speaker, until they became the majority. Mr. Speaker, while
millions of Americans will lose their voice first in congressional
committees, millions more lost their voices during this past
presidential election. Perhaps more important than anything else we do
in Washington would be to restore America's confidence in the election
process. But, Mr. Speaker, that too is missing from this Republican
rules package.
Nowhere is there a mention of what happened during this Presidential
election. Nowhere is there a call on Congress to fix our flawed
election process. Nowhere is there a recognition of the urgent need to
restore people's confidence in American elections. Mr. Speaker, in just
3 days, a joint session of Congress will count the votes of the
Presidential electors and declare the winner of the Presidential
election. Millions of Americans are questioning that election and
demanding action. Mr. Speaker, this rules package fails to take any
action on their behalf.
That is why, Mr. Speaker, I am urging my colleagues to support the
Democratic rules package. Our rules package includes the Republican
proposals for committee ratios from the 102nd and the 103rd Congresses.
Our rules package also takes steps to reform our election process. It
gives the Committee on the Judiciary until March 1 to recommend ways to
ensure that all eligible Americans who vote shall have their votes
counted, especially our military personnel who vote by absentee
ballots.
Mr. Speaker, even though the next set of Federal elections is 2 years
off, we really need to get started right away making sure that
everyone's vote is counted and counted fairly. Fair elections are the
foundation on which our democracy is built and there is nothing more
important than ensuring that this process be as fair as possible.
Mr. Speaker, I urge my colleagues to support the motion to commit. If
the motion to commit passes, we will have adopted the Democratic
amendments to the rules of the 107th Congress. Our amendments will
improve the way we conduct elections and ensure more fair committee
ratios.
Mr. Speaker, I reserve the balance of my time.
Mr. DREIER. Mr. Speaker, I yield such time as he may consume to the
very distinguished chairman of the Committee on the Judiciary, the
gentleman from Illinois (Mr. Hyde).
Mr. HYDE. Mr. Speaker, the pending rules package proposes to amend
clause 3 of rule X to give the House Permanent Select Committee on
Intelligence the ``exclusive'' authority to ``review the sources and
methods of entities described in clause 11(b)(1)(A).'' Included in that
list is the National Foreign Intelligence Program as defined in section
3(6) of the National Security Act of 1947. The term National Foreign
Intelligence Program, as defined by the 1947 Act, ``refers to all
programs, projects, and activities of the intelligence community, which
includes the Treasury Department, the Federal Bureau of Investigation,
and other governmental agencies that impact matters within the
jurisdiction of the Committee on the Judiciary.'' See 50 U.S.C.
401a(4). As you know, pursuant to House rule X, the House Committee on
the Judiciary has jurisdiction over all provisions of criminal law,
espionage, and subversive activities affecting the internal security of
the United States.
Will the adoption of these proposed changes alter in any way the
oversight jurisdiction of the Committee on the Judiciary?
I yield to the gentleman from California (Mr. Dreier).
Mr. DREIER. I thank the gentleman for his inquiry. The House should
know that this change is not meant to circumscribe in any way, shape,
or form the oversight or legislative jurisdiction of the House
Committee on the Judiciary. As an ardent supporter of programmatic
oversight, it is my intention that the Committee on the Judiciary
continue to vigorously and fully pursue those matters within its
oversight jurisdiction. The proposed rules change will not hamper your
oversight efforts in this regard.
Mr. HYDE. I thank the gentleman for his explanation.
Mr. MOAKLEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Dingell), the dean of the House, and the ranking member
of the Committee on Commerce.
Mr. DINGELL. Mr. Speaker, I have heard a great deal of talk about how
this is going to be a new and a different and a better Congress. I have
heard a lot of people tell me about how we are going to proceed to have
bipartisanship and cooperation and conciliation. I would observe to the
Members of this body that the system will work if we have cooperation,
conciliation, and compromise. I would add to that one thing more:
Consultation. It would be nice if the majority would talk to the
minority about their plans and about what they are doing. It would be
even nicer if they would let us talk to them about what we are doing
here and to be consulted and to have an actual discussion about what
rules are going to obtain.
These rules are interesting. I have been writing rules in this place
for a

[[Page 31]]

long time. I would note to my colleagues that in these rules are a
number of interesting things, massive changes in the jurisdiction of
the Committee on Commerce. No discussion with the minority on that
matter whatsoever. No justification for what has been done here. We are
simply informed, ``This is what we are going to do to you.''
I would observe that the jurisdiction that is being transferred from
the Committee on Commerce is jurisdiction which was created by Sam
Rayburn 60 or 70 years ago and that has been exercised vigorously and
well by the Committee on Commerce all during those times. And that
never has there been a scandal in that particular line of jurisdiction
because the Committee on Commerce has always seen to it that the
interests of the American investors were protected.
I would note that the committee across the hall, the Banking
Committee, has presided over some splendid scandals in the area of
banking and savings and loans and has never understood what was going
on. Taxpayers have ponied up at least $500 billion because of the
incompetence and indifference of that committee. And now we are
transferring the jurisdiction over securities to the Banking Committee
so that they may conduct the business of the securities industry in
precisely the same way they have supervised the business of the banking
and the savings and loan industries.
I would simply tell my colleagues, you have created the opportunity
for splendid scandals and you have created something else: You have
made your choice of fools, and I should say that you should now look
forward to a splendid disaster. It is coming.
The other things which have been done which I think are noteworthy
here are that you have changed the rules on motions to recommit. I do
not know whether you have done this for the same reason that you have
made the changes in the jurisdiction of the Committee on Commerce. You
did that to take care of one Member. One Member. Not the interests of
the House, not the interests of the banking industry or the securities
industry or indeed the interests of the investors of the United States.
I hope there is a good reason you have done this other than to make it
more difficult for the minority to express its will or to have this
House have votes on matters of important questions.
You have also done some other things. You have continued to constrain
the minority in its ability to write reports critical of what they
conceive to be wrongdoing or failures in legislation by saying to it
that only 2 days will exist for the minority to come forward with
complaints with the content of legislation. Is this the kind of good
will? Is this the kind of cooperation, conciliation, and is it the kind
of action that we are hearing when we are talking about having
compromise and cooperation and bipartisanship? I think not. If we are
to work together, and I would remind my colleagues on the majority
side, there are only a few seats' difference between the Members on
this side and on the other side. If you want to have a President who
was elected by the narrowest margin in history and whose tenure as a
legitimate President is, in fact, open to question because of the
curious manipulations of the Supreme Court and because of the way in
which the election in Florida was conducted and counted and handled to
succeed and to be able to talk about bipartisanship and cooperation,
this is not the way that you begin the affairs of this Congress.
I did not intend to make an angry speech, and I would like my
colleagues to know this is not an angry speech. This is a speech of
sorrow and sadness because the majority is throwing away the good will
that they are going to need to have a bipartisan Congress run with
cooperation, conciliation, and compromise which the American people
both need and want.
Mr. DREIER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Delaware (Mr. Castle).
Mr. CASTLE. Mr. Speaker, I would like to ask some questions, perhaps
in the form of a colloquy, of the chairman of the Committee on Rules
about the changes which we are facing between committees. I am a member
of the Banking Committee and the details elude me. First about the
insurance question. In establishing the question on financial services,
this resolution adds a term, and I quote, ``insurance generally'' to
the jurisdiction of that committee. However, no such jurisdiction
existed in rule X in the 106th Congress.
Can you describe for me what the term ``insurance generally'' is
intended to convey?

{time} 1500

Mr. DREIER. Mr. Speaker, will the gentleman yield?
Mr. CASTLE. I yield to the gentleman from California.
Mr. DREIER. Let me say, and I thank the gentleman for his question,
matters relating to insurance generally are intended to include
matters, for example, that have an impact on the policy holder, the
solvency of insurers or financial institutions that are underwriting or
selling insurance, activities that are financial in nature or
incidental to a financial activity; the national treatment of insurance
companies, auto insurance, life insurance and property and casualty
insurance.
However, as I mentioned previously in my statement, existing health
insurance jurisdiction is not transferred as a result of this change.
Furthermore, the existing jurisdiction of other committees with respect
to matters relating to crop insurance, worker's compensation, insurance
antitrust matters, veterans' life and health insurance and national
social security are not affected by this change.
Mr. CASTLE. Mr. Speaker, let me ask next about some securities
issues. Regarding securities and exchanges, does the transfer of this
jurisdiction to the Committee on Financial Services include
underwriting, dealing, and market making?
Mr. DREIER. Yes, that is correct.
Mr. CASTLE. Another question. Does it include accounting standards
applicable to capital raising under applicable securities laws and the
Securities Act of 1933?
Mr. DREIER. Once again, the gentleman is correct.
Mr. CASTLE. Does it include exchanges, investment companies, and
investment advisors?
Mr. DREIER. Yes, that is correct.
Mr. CASTLE. Does it include jurisdiction over the Public Utilities
Holding Company Act?
Mr. DREIER. As I mentioned previously in my statement, this change is
not intended to convey to the Committee on Financial Services
jurisdiction over matters relating to regulation and SEC oversight of
multistate public utility holding companies and their subsidiaries
which remain essentially matters of energy policy.
Mr. CASTLE. I thank the gentleman very much for clarification on
these issues.
Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the co-chair of the Democratic Steering Committee
and the ranking member on the Committee on House Administration.
Mr. HOYER. Mr. Speaker, as all of us know, this House is now divided
by its narrowest margin since the 83rd Congress when Republicans held
221 seats and Democrats 213. Today, our Republican friends hold a bare
five-seat majority, 221 to 212. Thus, if we are to accomplish anything,
bipartisanship, as President-elect Bush talked ad nauseam about in the
campaign, is a sine qua non. It cannot be mere rhetorical window
dressing.
Unfortunately, Mr. Speaker, I regret to say the first day of the
107th Congress we have missed an opportunity to demonstrate our
commitment to bipartisanship. Since the Republicans regained the
majority in 1995, there has been a growing disparity between the
minority's representation in this House and the committee slots
available to its Members elected by the American public, Republicans
and Democrats, to represent them. Simply put, there are not enough
committee slots available to the minority party, which now controls 49
percent of this body. Nevertheless, the allocation of committee slots

[[Page 32]]

has remained unchanged, 55 percent for the majority, 45 percent for the
minority.
Now let me call attention to this chart. It is probably a little
difficult to understand, but what it tracks is minority representation,
not majority; whether Democrats were in the majority or Republicans
were in the majority. One will note, up to the 104th Congress, when
Democrats were in control, the percentage of committee slots allocated
and the percentages in the House tracked one another. One will note
that when the minority got more slots in the House, they went up. When
they got less, they went down.
The point is, it was fair. It was representative and it gave to
minority members the opportunity to do what they said they wanted to
do, represent Americans.
Now I would call the attention of my colleagues, and I would hope the
former governor of Delaware, who is one of the fairest members in this
House, would look at this stark contrast; and I would say here is the
104th Congress, the 105th, the 106th, the 107th. One will note that the
minority line has been flat lined, notwithstanding the fact that we
have picked up in each of the last four elections additional seats and
made the difference between the majority and minority parties smaller;
but the line has not changed.
The majority line has gone up in terms of their percentage, and the
variance. That is not fair. It is also, I would say to the chairman of
the Committee on Rules, the gentleman from California (Mr. Dreier),
contrary to his representations when he was in the minority. In my
calculations, we would need an additional 64 seats in order for us to
be allocated the number of seats that we are entitled to as a result of
our percentage in the minority.
What is being done is contrary to the rhetoric. It will not further
bipartisanship, and I would ask that that be corrected as we move ahead
in the next few days.
Mr. DREIER. Mr. Speaker, I yield 2 minutes to the gentleman from
Thibodaux, Louisiana (Mr. Tauzin).
Mr. TAUZIN. Mr. Speaker, let me first acknowledge, as did the ranking
minority member of the Committee on Commerce, our extraordinary
disappointment in the jurisdictional transfer from the Committee on
Commerce to this new Committee on Financial Services. It is important,
as the chairman has said, to know, however, that memorandums of
understanding regarding that transfer are now being negotiated so that
there is clarity in the transfer.
Like the gentleman from Delaware (Mr. Castle), we too had similar
questions about the meaning of the jurisdictional changes; and I would
first ask my friend, the chairman of the Committee on Rules, the
gentleman from California (Mr. Dreier), a simple question. The rules
changes being considered today will clearly transfer jurisdiction over
securities and exchanges from the Committee on Commerce to the new
Committee on Financial Services, and the Committee on Financial
Services will also be accorded insurance, generally. But there is not
any intent on the part of the Committee on Rules to transfer or
otherwise affect the jurisdiction of the Committee on Commerce; is that
correct?
Mr. DREIER. That is correct.
Mr. TAUZIN. Indeed, the gentleman pointed out very clearly that
health care insurance and Public Utility Holding Company Act
jurisdiction still resides with the Committee on Commerce; is that
correct?
Mr. DREIER. Correct.
Mr. TAUZIN. Is the chairman also in agreement that further
memorandums of understanding are being worked out regarding issues?
Mr. DREIER. Yes, I know discussions are underway right now in dealing
with some of these questions.
Mr. TAUZIN. Some of the questions like FASB and ECNs?
Mr. DREIER. That is correct.
Mr. TAUZIN. Let me say on behalf of many members of the Committee on
Commerce we, of course, are extremely disappointed in this transfer.
While we would, of course, like to retain that jurisdiction, we would
like to retain it for a simple reason and that is because the Committee
on Commerce has done, as the ranking minority member has stated, an
extraordinary job in representing good policy for the stock market and
the security industries in general, as well as for the insurance
industry of this country, and the record will demonstrate, I think,
that the extraordinary care and concern the Committee on Commerce has
given to these issues has created an extraordinarily stable environment
for financial trading and for insurance.
While we regret this transfer, we appreciate the cooperation of the
chairman of the Committee on Rules in the memorandum and in further
clarifications of jurisdictional shifts.
Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Speaker, I appreciate the gentleman from
Massachusetts (Mr. Moakley) yielding me this time.
Mr. Speaker, I welcome the Members back as the Member who represents
the jurisdiction where the House sits. Members may know that I sought
return of my vote in the Committee of the Whole this Congress. I
appreciate that the gentleman from Virginia (Mr. Davis) and the
gentlewoman from Maryland (Mrs. Morella) offered an amendment in the
majority rules that was rejected that would have granted the tax-paying
residents I represent a vote in the Committee of the Whole. I
appreciate that there were other Members of the majority that supported
this amendment.
I had hoped, after 10 years in the Congress, to get the return of the
vote I won in 1993. The Members know me very well. They know the city I
represent very well. So much of its business comes before this body.
They have seen the city through tough times, a city that is doing very
well. They know me to be a cheerleader for its rights and no apologist
for my city when it is not doing its best.
When a vote is won for the first time in 200 years and then it is
lost, it hurts. May I say that I feel no personal injury. I am always
treated with respect in this body. I have almost all of the rights of
this body. I feel I belong to this club, but the people I represent do
not. They have paid the price of admission, however. They are third per
capita in Federal income taxes. I have the full vote in committee which
I cast in their name. I had thought that the limited vote would be
forthcoming, particularly since there is a revote if my vote decides an
issue. Yet even this limited vote meant everything to D.C. residents
because it is the first time they have ever had a vote on the House
floor since the city was established.
The limited vote, the revote provision, meant that the majority had
nothing to lose by granting these taxpayers a vote in the Committee of
the Whole. The people I represent, however, lost everything when they
lost the vote because they lost the only vote they had ever had.
What entitles each Member to cast their vote more than anything else
are the taxes their constituents pay. The limited vote I sought, with a
remote provision, would have meant some modicum of that respect to the
taxpaying Americans I represent.
I hope in the years to come, while I am still a Member of this House,
that it will be found within the hearts of the Members and within their
understanding of our country's principles first to grant District
residents the limited vote I sought in the 107th Congress and then to
see to it that no Americans who pay taxes to their government are left
without full representation in the Congress of the United States.
Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Missouri (Mr. Gephardt), the Democratic leader in the House.
Mr. GEPHARDT. Mr. Speaker, I rise in opposition to the rules changes
proposed by the majority, which I believe contradict the promise of
working together in a truly bipartisan spirit because they undermine
the rights of Democratic Members. They also fail to

[[Page 33]]

address what I think is the most pressing issue that comes out of this
troubled national election, and I urge all Members to support the
Democratic alternative to give Democrats fair representation on
committees, to accurately reflect the closeness of the margin in the
House and to give this House the impetus to move forward quickly on
electoral reforms to ensure that every citizen's vote in this country
counts in every election from now.
In the last few weeks, we have heard a lot of talk about
bipartisanship and about compromise, about finding consensus and common
ground. We applaud the verbal commitment to bipartisanship, but we also
believe that bipartisanship must be more than just words. It must be
backed up with deeds and actions. The Republican proposal that changed
the rules, we think, does not meet this test. It does not change the
ratios on committees to reflect the true makeup of the House and the
will of the voters, and it does not begin to address the issue of
electoral reform, which I think is one of the top priorities of the
American people.
We hope for a bipartisan atmosphere in this new Congress, and I hope
the closeness of the margin between our parties will be viewed as an
opportunity, not a hindrance. This is the people's House. It is not a
Republican House; it is not a Democratic House. To advance progress, we
must recognize and practice that principle, and the first step is to
allow the committees who do the work of the Congress to reflect the way
people voted in this election.

{time} 1515

We must have electoral reform. Our alternative makes electoral reform
a top national priority for our country to reflect the will of the
American people. Our proposal calls for swift action to make sure that
every vote cast gets counted, including military votes.
Voices were stifled on election day. This is completely unacceptable.
We should not have unequal voting procedures in any part of the country
or ever hear again about voter intimidation. It is wrong, and we should
do everything in our power to right those wrongs by working together to
expand the franchise and to make sure that every vote cast gets
counted.
This is a great democracy, and in our democracy voting is the most
important right, so let us pledge today to make every effort to protect
the rights of every American.
In closing, let me urge all of our colleagues to support the truly
bipartisan, truly fair, truly just package that the Democratic Party
puts before the House. I appeal to have a discussion of all the rules
changes that affect this House, including the unilateral decision to
reconstitute the Committee on Banking and Financial Services and to
diminish the jurisdiction of the Committee on Commerce and the decision
to narrowly draw the minority's ability to offer motions to recommit.
So, vote yes on the Democratic motion. Let us begin the process of
electoral reform and achieve true parity on all of the committees of
the House. Let us reflect in the House the decision of the American
people.
Mr. DREIER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Oxley).
Mr. OXLEY. Mr. Speaker, I rise in support of the Resolution and the
creation of a new Committee on Financial Services, which incorporates
the jurisdiction over the nations securities laws and the regulation of
the business of insurance with the jurisdiction of the former Committee
on Banking and Financial Services.
With the enactment of the landmark Gramm-Leach-Bliley Act in the
106th Congress, consumers enjoy the promise of greater competition in
the financial services industry, leading to the development of
innovative new products, services, and giving the institutions offering
those services the ability to provide them at lower costs and with
greater convenience for the consumer.
The Gramm-Leach-Bliley Act created a new regulatory framework for
companies providing these services. It only makes sense that the House
modernize its committees to provide the kind of oversight needed in the
modern marketplace.
Under the Resolution before us, jurisdiction relating to securities
and exchanges is transferred in its entirety from the former Committee
on Commerce to the new Committee on Financial Services, including
securities dealing, underwriting, and market making. Matters relating
to the Securities and Exchange Commission, including accounting
standards, investor protection, equities exchanges, broker-dealers,
investment companies, and investment advisors also are included under
the jurisdiction of the Committee on Financial Services.
Similarly, jurisdiction over the Foreign Corrupt Practices Act has
its root in the Securities Act of 1934 and would also fall under the
new Committee's jurisdiction over securities and exchanges. Regulation
of stock market quote data also would fall under the jurisdiction of
the Committee on Financial Services, as would legislation to regulate
its publication and sale as part of computerized databases.
Jurisdiction over matters relating to insurance generally also is
transferred to the new Committee on Financial Services, including
matters relating to the business of insurance, the solvency of insurers
and institutions underwriting or selling insurance, the protection of
insurance policyholders, the national treatment of insurance companies,
auto insurance, life insurance, and property and casualty insurance.
These are matters that are directly related to the regulation of the
nation's markets for securities and insurance, and it is my belief and
understanding that they will be referred to the Committee on Financial
Services in the future.
Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Towns).
Mr. TOWNS. Mr. Speaker, I rise today in strong objection to the
transfer of jurisdiction over finance issues from the Committee on
Commerce to the Committee on Banking and Financial Services. I must say
that the policy arguments behind this watershed change are very
suspect.
The Committee on Banking and Financial Services has no expertise in
terms of oversight of legislation in the area of securities or
insurance. I mean none, zip, none. And, if it is not broken, why fix
it? There is no problem, so why are we fixing it? I will tell you, it
is strictly politics and nothing else.
Serious legislative issues which were unresolved in the Committee on
Commerce during the last Congress will now be turned over to a
committee with no background or understanding of these important
matters at all. I am speaking specifically here of the question of pay
equity for the Securities and Exchange Commission, Section 31 fee
reduction. Whether these issues will ever be addressed in the 107th
Congress remains an open question.
As a Member from New York where these issues are of paramount
importance, I must stress the fact that these issues will not be
addressed by a committee with the appropriate background, and,
therefore, I tell you now, this is pure bare knuckle politics. It is
nothing else. It is bad policy.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I rise in strong opposition to the changes
in the House rules proposed by the Republican leadership.
For months now, the American people have been hearing an abundance of
talk from the Republican side about the new era of bipartisanship.
Well, in their first act, the Republicans have brought forth a set of
changes in the House rules, with no consultation from the Democratic
side, and will attempt to ram these changes through on a partisan vote.
Democrats only heard about the changes after the decision was made.
Mr. Speaker, in a move to appease and reward just one of the
conservative Members, the House leadership has abolished one full
committee, the Committee on Banking and Financial Services, and has
stripped another, the Committee on Commerce, of its long-standing
jurisdiction over securities issues.
Mr. Speaker, you claim that this move is rooted in substantive
changes and not politics, but this does not pass the straight-face
test. For what substantive reasons have you placed the jurisdiction of
our financial markets in the hands of the committee that wrote the laws
which brought us the savings and loan debacle? For what substantive
reason are you hurting the career of the gentlewoman from New Jersey

[[Page 34]]

(Mrs. Roukema), the rightful heir to the chairmanship of the Committee
on Banking and Financial Services? Is it because she is a woman? Is it
because she is a moderate? Or is the gentlewoman from New Jersey (Mrs.
Roukema) being passed over because she has not raised enough money for
your campaign coffers?
I would say to my colleagues, it is politics as usual for the
Republican leadership and the 107th Congress. By their own hand they
have written a document to govern this institution which rewards
conservative politics and political fund raising at the expense of
diversity and bipartisanship. I would urge my colleagues to oppose
these rule changes. Vote no on the resolution.
Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Speaker, the 107th Congress is barely 3 hours old,
and I must tell you, I am very disappointed by the first action we are
being asked to vote on. The rules package does not reflect the ground
rules to bringing about a bipartisan Congress.
I listened very carefully to the Speaker's comments just an hour ago
where he called upon all of us to listen to each other and to work
together in a bipartisan way. I am prepared to continue to work with my
Republican colleagues in an effort to deal with the important issues of
this Congress. But I must tell you, Mr. Speaker, it starts with
fairness. It starts with fairness in the process, fairness in the
rules.
The rules package being presented by the Republicans does not
represent fairness. First, there was no consultation with the
Democrats. That is wrong. One cannot justify that. Secondly, the
committee ratios are unfair. We have one of the smallest majority
margins in the history of this Congress, less than 51 percent of the
membership are Republicans, and yet when you look at the number of
Republicans on the committees, the Democrats should have almost 60 more
seats in order to equal their number. That is wrong.
Mr. Speaker, I remember the first day that I was on the Committee on
Ways and Means and how proud I was to be appointed to that committee.
The chairman welcomed both the Democratic and Republican members and
said that we now have a seat at the table. Well, the Committee on Ways
and Means in the 107th Congress will be 60 percent membership on the
Republican side of the aisle. Three Democrats should be more on that
committee. Three of my colleagues on the Democratic side of the aisle
are being denied their fair opportunity to represent the views of their
constituents. That is wrong. That needs to be corrected.
It starts with fairness in the committees. The Committee on Ways and
Means will be considering tax legislation, Social Security reform,
Medicare reform. I listened very carefully as the President-elect
called upon bipartisan cooperation on each of these issues, yet the
committee that will consider it in this body will not be fairly
represented by the views of this House. That is wrong, and needs to be
corrected.
Mr. Speaker, there is still time to correct this injustice. The
Speaker said to us just an hour ago we should be judged by our actions,
and I agree. Now is the time to be judged by our actions. The
Republicans control the vote on the rules of the House. We on the
Democratic side understand that. But we call upon the Republicans to
understand what they have done on committee ratios is just wrong and
cannot be defended. There is still time to correct this injustice.
The American people are watching our actions. Let us start off on the
right path, not the wrong one. I urge my colleagues to support the
Democratic substitute, the Democratic motion to instruct, for it
provides for the basic fairness, so we all can work together in a truly
bipartisan way.
Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I rise in support of the Democratic substitute to the
rules package before us. Earlier today, over 430 Members of this House
swore an oath of office to uphold the Constitution of the United
States. That Constitution calls for a democratic form of government,
ensuring the right to vote to all eligible people in our country.
However, the Republican package does nothing to address the election
that we have just gone through, and I commend our Democratic leader,
the gentleman from Missouri (Mr. Gephardt), for making the Democratic
substitute have swift action by the Committee on the Judiciary to
report by March 1 on urgent election reform measures to correct the
problems that occurred in the last election. Implicit in the right to
vote is the fact that your vote will be counted. We must remove
obstacles to participation in voting and counting before the next
election.
Also implicit is representation in Congress. That means
representation on committees as well. Nothing is more American than a
sense of fairness. That sense of fairness is absent in this Committee
on Rules package put forth.
Mr. Speaker, I urge our colleagues to support the Democratic
substitute.
Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Menendez), the Vice Chairman of the Democratic Caucus.
Mr. MENENDEZ. Mr. Speaker, I thank the gentleman for yielding me
time.
Mr. Speaker, this is the first test of bipartisanship, the first test
of leadership, and the Republican leadership has failed it. They seem
to look at the rules package as a way to settle political debts, to
gain strategic advantage and work out intra-party struggles, and they
are wrong. A rules package should have one central and overriding
concern, how the American people are represented in the people's House.
So when the representation on committees does not fairly reflect the
makeup of the House as decided by the people, the rules package fails
this test; and when we fail to take advantage of an historic
opportunity to address the problems in our election system, the rules
package fails this test.
We all know that tens of thousands of voters were disenfranchised in
this past election. We have a responsibility to make sure that never
happens again. Democrats are fighting for these voters; Republicans are
ignoring them.
I urge our colleagues to give us on this first day bipartisanship, by
fairness in the committee assignments, fairness in the opportunity for
the Nation's voters, and voting for the Democratic alternative.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I will inform the gentleman from California (Chairman
Dreier) that I will, at the end of the speeches, put in a motion to
recommit, which will deal with committee ratios and election reform.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I obviously believe that we have been able to
successfully craft a very good package of rules changes for the 107th
Congress. As I have listened over the last few minutes to the
statements from my colleagues on the other side of the aisle, it really
is a misunderstanding of what it is that we are doing here and of what
the process is.
You have to go back over 120 years before Speaker Reed was Speaker of
the House to find a time when we did not enjoy majority rule where the
party in the majority actually set forth the rules under which the
House was governed.
That is exactly what has happened this year. We have just over the
last few minutes seen a vote for Speaker of the House. The Democrats
voted for the gentleman from Missouri (Mr. Gephardt), the Republicans
voted for the gentleman from Illinois (Mr. Hastert). There were more
votes for the gentleman from Illinois (Mr. Hastert) than there were for
the gentleman from Missouri (Mr. Gephardt). Was that a partisan vote?
Well, yes, it was a partisan vote.
Did we, in fact, see a crafting of the rules done in a bipartisan
way? Well,

[[Page 35]]

we certainly took into consideration minority proposals. I am always
willing to listen to the thoughts of our colleagues from the other side
of the aisle. But I served for 14 years in the minority here, and
sometimes we did not even get that much from those who were in the
majority.
I am not saying we should do it exactly the same way, because we
learned some things from you that I have to admit were good, and there
are other things that we learned that we have not proceeded with. That
is why if one looks at the proposals that we have had come forth
beginning with the Republicans becoming the majority, the Republican
takeover in 1994, to today, I believe we have done an awful lot to
recognize minority rights.

{time} 1530

It has been my experience, having served 14 years in the minority,
that led me to say that we wanted to do things, like ensure that the
minority has a right to offer that motion to recommit, and we have done
that. We have continued it. I know that there was consideration to this
issue of reinstating proxy voting, and it is no secret that there was a
discussion on our side about it, and we decided to keep the ban on
proxy voting, and that, of course, ensures that committee chairmen do
not simply use the proxy vote without other members of the majority
being there, often at the expense of the minority.
The other thing that I think is very important for us to note is the
question of committee funding. I am very proud, and I have worked
closely with the gentleman from Massachusetts (Mr. Moakley) on the
issue of committee funding on the Committee on Rules, and I know that
other committees have been able to put together a package, and under
the leadership of our Committee on House Administration and the
gentleman from California (Mr. Thomas), we have increased the funding
level for the minority for their committee staffs.
The other question that was raised during this debate had to do with
committee ratios. By tradition, Mr. Speaker, the way this works is, the
Speaker of the House and the minority leader work out an agreement on
committee ratios, and that is exactly what is taking place now, and
that is what has taken place here.
Then, on this issue of the jurisdictional change, I will say that I
am very proud of the fact that going back 7 years to what was called
the Joint Committee on the Organization of Congress, one that I
cochaired, along with Senator Domenici and former Senator Boren and
former Congressman Lee Hamilton, a committee which spent a great deal
of time looking at reforms of this institution. At that time, 7 years
ago, 1993, I offered a proposal which dealt with this exact
jurisdictional shift, which we are finally including today, 7 years
later. I did not quite make it then. My proposal then died on a 6-6 tie
vote. We are doing it today, and obviously, it is controversial in the
eyes of many, but it is being done for the same policy reasons that I
proposed back in 1993.
Now, it is even more important than it was then because of the
passage of the very important Financial Services Modernization Act that
we were able to pass in the 106th Congress. That is the reason we are
doing this, and I believe that it will enhance our ability to deal with
a wide range of very important public policy questions that are on the
horizon.
So let me just say that this is a fair package; it is a balanced
package. I think it deserves bipartisan support. While I doubt that we
will have too many Members on the other side of the aisle who will join
in support of the rules package, I do not believe that it, in any way,
undermines the commitment that the Speaker of the House, the gentleman
from Illinois (Mr. Hastert), made just a few minutes ago here in this
Chamber to our goal of working to bring about solutions to the
challenges that we will face in this very important new year.
So with that, I will say that I look forward to working with my
colleagues as we move ahead on a number of important issues, and I urge
strong support of this package.
Mr. GREEN of Texas. Mr. Speaker, I have mixed feelings about our new
rules package.
We have a new president, new House, and new Senate, but we are
beginning the new millennium with some of the same partisan divisions.
My friends in the Majority want to pass a new rules package for the
107th Congress that does little to address the views and concerns of
the Minority.
Specifically, Mr. Speaker, despite all the talk about bipartisanship,
little has been done in the House to modify committee ratios to reflect
the Minority's gains in the last election, or even the gains made by
Democrats in 1998.
I believe all committees in the House should reflect the 51-49
percent split between Democrats and Republicans.
While I was pleased to see that the Republicans are considering
adding a seat for each party to Appropriations, Commerce, and Ways and
Means, this will do nothing to achieve parity on these committees.
In fact, if one member is added to both sides of the Commerce
Committee, on which I serve, the ratio will still be 55-45. While I
welcome new colleagues to these committees, the addition does nothing
to achieve the parity the minority is seeking.
The reality is that the House now has one of the smallest majorities
in the history of our country. Committee ratios should reflect that
small majority.
Mr. Speaker, I do not want to stand up here today and throw cold
water on the 107th Congress.
In fact, I was pleased to see that the Republicans rejected efforts
to bring back proxy voting. I approved of this reform when it was
instituted in the 104th Congress, and I am pleased to see that the
majority has chosen to keep it.
Nevertheless, I have concerns about this rules package, and hope that
the majority recognizes the gains made by Democrats during the
electoral process.
We are all going to remember the unfulfilled potential of the 106th
Congress, I do not want the same fate to befall the 107th Congress.
I do not want to feel like Tom Hanks, stranded on an island talking
to a volleyball.
This body must learn to communicate and allow input in the decision
making process.
I have great hopes for the 107th Congress, but the success or failure
of the legislative agenda rests solely with the majority.
Mr. DREIER. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.

Motion to Commit Offered by Mr. Moakley

Mr. MOAKLEY. Mr. Speaker, I offer a motion to commit.
The SPEAKER pro tempore (Mr. LaHood). The Clerk will report the
motion.
The Clerk read as follows:

Mr. Moakley moves to commit the resolution H. Res. 5 to a
select committee comprised of the Majority Leader and the
Minority Leader with instructions to report back the same to
the House forthwith with the following amendments.
Strike section 2 of the resolution and in lieu thereof, add
the following:
``Sec. 2. Change in Standing Rules.--
Committee Ratios.--Clause 5(a)(1) of Rule X of the Rules of
the House of Representatives is amended by adding the
following new sentence: ``The membership of each committee
(and each subcommittee or other subunit thereof) shall
reflect the ratio of majority to minority party members of
the House at the beginning of the Congress. This requirement
shall not apply to the Committee on Rules and the Committee
on Standards of Official Conduct.''
At the end of the resolution, add the following:
``(e) Election Reform.--The Committee on the Judiciary is
directed to report to the House no later than March 1, 2001
legislation comprising its recommendations to ensure that all
eligible Americans who vote (including military personnel who
vote by absentee ballot) shall have their votes counted.''

The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to commit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to commit.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 199,
nays 213, not voting 18, as follows:

[[Page 36]]

[Roll No. 3]

YEAS--199

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 (OH)
Capps
Capuano
Cardin
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Costello
Cramer
Crowley
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)
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
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
Moakley
Mollohan
Moore
Moran (VA)
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (WA)
Solis
Spratt
Stenholm
Stupak
Tanner
Tauscher
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

NAYS--213

Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Cubin
Cunningham
Davis, Jo Ann
Davis, Thomas M.
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
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
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hutchinson
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
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
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
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)
Snyder
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)

NOT VOTING--18

Barr
Brown (FL)
Carson (IN)
Conyers
Coyne
Culberson
Cummings
Hefley
Hunter
Keller
Kirk
Murtha
Riley
Rush
Strickland
Thomas
Watts (OK)
Wilson

{time} 1555

Messrs. SIMMONS, RYAN of Wisconsin, GUTKNECHT, and TERRY, Mrs.
GRANGER, Ms. DUNN, and Messrs. POMBO, JONES of North Carolina,
GILCHREST, DOOLITTLE, TANCREDO, SCARBOROUGH, WELLER, BURTON of Indiana,
SHADEGG and GRAHAM changed their vote from ``yea'' to ``nay.''
Messrs. LARSON of Connecticut, SAWYER, and TIERNEY, Ms. DeGETTE, Ms.
JACKSON-LEE of Texas, Mr. ROTHMAN, Mr. NADLER, Ms. SLAUGHTER, Mr.
WEINER, and Ms. McCARTHY of Missouri changed their vote from ``nay'' to
``yea.''
So the motion to commit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaHood). The question is on the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 215,
nays 206, not voting 9, as follows:

[Roll No. 4]

YEAS--215

Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Thomas M.
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Flake
Fletcher
Foley
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
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
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
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
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
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)

NAYS--206

[[Page 37]]

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)
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
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
Moakley
Mollohan
Moore
Moran (VA)
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
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
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stenholm
Strickland
Stupak
Tanner
Tauscher
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--9

Carson (IN)
Ferguson
Hefley
Johnson (IL)
Keller
Murtha
Riley
Thomas
Watts (OK)

{time} 1615

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.

____________________

ELECTION OF MAJORITY MEMBERS TO CERTAIN STANDING COMMITTEES OF THE
HOUSE

Ms. PRYCE of Ohio. Mr. Speaker, by direction of the Republican
Conference, I offer a privileged resolution (H. Res. 6) and ask for its
immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 6

Resolved, That the following named Members be, and they are
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Rules: Mr. Dreier, Chairman, Mr. Goss, Mr.
Linder, Ms. Pryce of Ohio, Mr. Diaz-Balart, Mr. Hastings of
Washington, Mrs. Myrick, Mr. Sessions and Mr. Reynolds.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

ELECTION OF MINORITY MEMBERS TO CERTAIN STANDING COMMITTEES OF THE
HOUSE

Mr. FROST. Mr. Speaker, by direction of the Democratic Caucus, I
offer a privileged resolution (H. Res. 7) and ask for its immediate
consideration.
The Clerk read the resolution, as follows:

H. Res. 7

Resolved, That the following named Members be, and are
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Rules: Mr. Moakley of Massachusetts, Mr. Frost
of Texas, Mr. Hall of Ohio, and Mrs. Slaughter of New York.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

COMPENSATION OF CERTAIN MINORITY EMPLOYEES

Mr. FROST. Mr. Speaker, I offer a resolution (H. Res. 8) and ask
unanimous consent for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 8

Resolved, That pursuant to the Legislative Pay Act of 1929,
as amended, the six minority employees authorized therein
shall be the following named persons, effective January 3,
2001, until otherwise ordered by the House, to-wit: Steve
Elmendorf, George Kundanis, Moses Mercado, Sharon Daniels,
Dan Turton, and Laura Nichols, each to receive gross
compensation pursuant to the provisions of House Resolution
119, Ninety-fifth Congress, as enacted into permanent law by
section 115 of Public Law 95-94. In addition, the Minority
Leader may appoint and set the annual rate of pay for up to
three further minority employees.

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

DAILY HOUR OF MEETING

Mr. ARMEY. Mr. Speaker, I offer a privileged resolution (H. Res. 9)
and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 9

Resolved, That unless otherwise ordered, before Monday, May
14, 2001, the hour of daily meeting of the House shall be 2
p.m. on Mondays; 11 a.m. on Tuesdays; and 10 a.m. on all
other days of the week; and from Monday, May 14, 2001, until
the end of the first session, the hour of daily meeting of
the House shall be noon on Mondays; 10 a.m. on Tuesdays,
Wednesdays, and Thursdays; and 9 a.m. on all other days of
the week.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

PROVIDING FOR A JOINT SESSION TO COUNT ELECTORAL VOTES

The SPEAKER pro tempore (Mr. LaHood) laid before the House the
following privileged Senate concurrent resolution (S. Con. Res. 1) to
provide for the counting on January 6, 2001, of the electoral votes for
President and Vice President of the United States.
The Clerk read the Senate concurrent resolution, as follows:

S. Con. Res. 1

Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress shall meet in
the Hall of the House of Representatives on Saturday, the
sixth day of January 2001, at 1 o'clock post meridian,
pursuant to the requirements of the Constitution and laws
relating to the election of President and Vice President of
the United States, and the President of the Senate shall be
their Presiding Officer; that two tellers shall be previously
appointed by the President of the Senate on the part of the
Senate and two by the Speaker on the part of the House of
Representatives, to whom shall be handed, as they are opened
by the President of the Senate, all the certificates and
papers purporting to be certificates of the electoral votes,
which certificates and papers shall be opened, presented, and
acted upon in the alphabetical order of the States, beginning
with the letter ``A''; and said tellers, having then read the
same in the presence and hearing of the two Houses, shall
make a list of the votes as they shall appear from the said
certificates; and the votes having been ascertained and
counted in the manner and according to the rules by law
provided, the result of the same shall be delivered to the
President of the Senate, who shall thereupon announce the
state of the vote, which announcement shall be deemed a
sufficient declaration of the persons, if any, elected
President and Vice President of the United States, and,
together with a list of the votes, be entered on the Journals
of the two Houses.

The SPEAKER pro tempore. Without objection, the Senate concurrent
resolution is concurred in.
There was no objection.
A motion to reconsider was laid on the table.

____________________

EXTENDING LIFE OF JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES
AND PROVISIONS OF S. CON. RES. 90 OF ONE HUNDRED SIXTH CONGRESS

The SPEAKER pro tempore laid before the House the following
privileged Senate concurrent resolution (S. Con. Res. 2) to extend the
life of the Joint Congressional Committee on Inaugural Ceremonies and
the provisions of Senate Concurrent Resolution 90 of the One Hundred
Sixth Congress.
The Clerk read the Senate concurrent resolution, as follows:

S. Con. Res. 2

Resolved by the Senate (the House of Representatives
concurring), That effective from

[[Page 38]]

January 3, 2001, the joint committee created by Senate
Concurrent Resolution 89 of the One Hundred Sixth Congress,
to make the necessary arrangements for the inauguration, is
hereby continued with the same power and authority.
Sec. 2. That effective from January 3, 2001, the provisions
of Senate Concurrent Resolution 90 of the One Hundred Sixth
Congress, to authorize the rotunda of the United States
Capitol to be used in connection with the proceedings and
ceremonies for the inauguration of the President-elect and
the Vice President-elect of the United States, are hereby
continued with the same power and authority.

The SPEAKER pro tempore. Without objection, the Senate concurrent
resolution is concurred in.
There was no objection.
A motion to reconsider was laid on the table.

____________________

APPOINTMENT AS MEMBERS OF JOINT COMMITTEE TO MAKE NECESSARY ARRANGEMENT
FOR THE INAUGURATION ON JANUARY 20, 2001

The SPEAKER pro tempore. Without objection, pursuant to the
provisions of Senate Concurrent Resolution 2, One Hundred Seventh
Congress, the Chair announces the Speaker's appointment as members of
the joint committee to make the necessary arrangements for the
inauguration of the President-elect and the Vice President-elect of the
United States on the 20th day of January, 2001, the following Members
of the House:
Mr. Hastert, Illinois;
Mr. Armey, Texas;
Mr. Gephardt, Missouri.
There was no objection.

____________________

PROVIDING FOR ATTENDANCE AT INAUGURAL CEREMONIES ON JANUARY 20, 2001

Mr. ARMEY. Mr. Speaker, I offer a privileged resolution (H. Res. 10)
and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 10

Resolved, That at 10:30 a.m. on Saturday, January 20, 2001,
the House shall proceed to the West Front of the Capitol for
the purpose of attending the inaugural ceremonies of the
President and Vice President of the United States; and that
upon the conclusion of the ceremonies the House stands
adjourned until 2 p.m. on Tuesday, January 30, 2001, or
pursuant to such other concurrent resolution of adjournment
as may then apply.

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

PROVIDING FOR CONDITIONAL ADJOURNMENT OF THE HOUSE AND RECESS OR
ADJOURNMENT OF THE SENATE TO SATURDAY, JANUARY 20, 2001

Mr. ARMEY. Mr. Speaker, I offer a privileged concurrent resolution
(H. Con. Res. 1) and ask for its immediate consideration.
The Clerk read the concurrent resolution, as follows:

H. Con. Res. 1

Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Saturday, January 6, 2001, it stand adjourned until 10
a.m. on Saturday, January 20, 2001; and that when the House
adjourns on Saturday, January 20, 2001, it stand adjourned
until 2 p.m. on Tuesday, January 30, 2001, or until noon on
the second day after Members are notified to reassemble
pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the Senate recesses or
adjourns at the close of business on Saturday, January 6,
2001; Sunday, January 7, 2001; Monday, January 8, 2001;
Tuesday, January 9, 2001; Wednesday, January 10, 2001;
Thursday, January 11, 2001; Friday, January 12, 2001;
Saturday, January 13, 2001; Sunday, January 14, 2001; Monday,
January 15, 2001; Tuesday, January 16, 2001; Wednesday,
January 17, 2001; Thursday, January 18, 2001; or Friday,
January 19, 2001; on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee,
it stand recessed or adjourned until 10 a.m. on Saturday,
January 20, 2001, or until such time on that day as may be
specified by its Majority Leader or his designee in the
motion to recess or adjourn, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.

The concurrent resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

ADJOURNMENT TO SATURDAY, JANUARY 6, 2001

Mr. ARMEY. Mr. Speaker, I ask unanimous consent that when the House
adjourns today it adjourn to meet at 11 a.m. on Saturday, January 6,
2001.
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.

____________________

AUTHORIZING SPEAKER, MAJORITY LEADER, AND MINORITY LEADER TO ACCEPT
RESIGNATIONS AND MAKE APPOINTMENTS NOTWITHSTANDING ADJOURNMENT

Mr. ARMEY. Mr. Speaker, I ask unanimous consent that notwithstanding
any adjournment of the House until Tuesday, January 30, 2001, the
Speaker, majority leader and minority leader be authorized to accept
resignations and to make appointments authorized by law or by the
House.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.

____________________

GRANTING MEMBERS OF THE HOUSE PRIVILEGE TO EXTEND AND REVISE REMARKS IN
CONGRESSIONAL RECORD FOR THE FIRST SESSION OF THE 107TH CONGRESS

Mr. ARMEY. Mr. Speaker, I ask unanimous consent that, for the first
session of the 107th Congress, all Members be permitted to extend their
remarks and to include extraneous material within the permitted limit
in that section of the Record entitled ``Extensions of Remarks.''
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.

____________________

MAKING IN ORDER MORNING HOUR DEBATES

Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that on legislative
days of Monday and Tuesday during the first session of the 107th
Congress:
(1) the House shall convene 90 minutes earlier than the time
otherwise established by order of the House solely for the purpose of
conducting morning-hour debate (except that on Tuesdays after May 14,
2001, the House shall convene for that purpose 1 hour earlier than the
time otherwise established by the House);
(2) the time for morning-hour debate shall be limited to the 30
minutes allocated to each party (except that on Tuesdays after May 14,
2001, the time shall be limited to 25 minutes allocated to each party
and may not continue beyond 10 minutes beyond the hour appointed for
the resumption of the session of the House); and
(3) the form of proceeding to morning-hour debate shall be as
follows:
(4) the prayer by the Chaplain, the approval of the Journal, and the
Pledge of Allegiance to the flag shall be postponed until resumption of
the session of the House;
(5) initial and subsequent recognitions for debate shall alternate
between the parties;
(6) recognition shall be conferred by the Speaker only pursuant to
lists submitted by the majority leader and by the minority leader;
(7) no Member may address the House for longer than 5 minutes (except
the majority leader, the minority leader, or the minority whip); and
(8) following morning-hour debate, the Chair shall declare a recess
pursuant to clause 12 of rule I until the time appointed for the
resumption of the session of the House.
The SPEAKER pro tempore (Mrs. Wilson). Is there objection to the
request of the gentleman from Nevada?
There was no objection.

____________________

[[Page 39]]

INAUGURAL CEREMONIES OF THE PRESIDENT AND VICE PRESIDENT OF THE UNITED
STATES

Mr. GIBBONS. Madam Speaker, I offer a privileged resolution (H. Res.
11) and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 11

The resolution was agreed to.
A motion to reconsider was laid on the table.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

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

House of Representatives,

Washington, DC, January 3, 2001.
Hon. J. Dennis Hastert,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Under Clause 2(g) of Rule II of the Rules
of the U.S. House of Representatives, I herewith designate
Ms. Martha C. Morrison, Deputy Clerk, to sign any and all
papers and do all other acts for me under the name of the
Clerk of the House which she would be authorized to do by
virtue of this designation, except such as are provided by
statute, in case of my temporary absence or disability.
If Ms. Morrison should not be able to act in my behalf for
any reason, then Mr. Gerasimos C. Vans, Assistant to the
Clerk or Mr. Daniel J. Strodel, Assistant to the Clerk should
similarly perform such duties under the same conditions as
are authorized by this designation.
These designations shall remain in effect for the 107th
Congress or until modified by me.
With best wishes, I am,
Sincerely,
Jeff Trandahl,
Clerk.

____________________

{time} 1630

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore (Mrs. Wilson) laid before the House the
following communication from the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, January 3, 2001.
Hon. J. Dennis Hastert,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In compliance with the requirements of
Clause 2(b) of Rule II of the Rules of the U.S. House of
Representatives, I have the honor to submit this list of
reports to which it is the duty of any officer or Department
to make to Congress.
With best wishes, I am,
Sincerely,
Jeff Trandahl,
Clerk.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. The Chair customarily takes this occasion on
the opening day of a Congress to announce its policies with respect to
particular aspects of the legislative process. The Chair will insert in
the Record announcements by the Speaker concerning: first, privileges
of the floor; second, introduction of bills and resolutions; third,
unanimous-consent requests for the consideration of bills and
resolutions; fourth, recognition for one-minute speeches, morning-hour
debate, and special orders; fifth, decorum in debate; sixth, conduct of
votes by electronic device; seventh, distribution of written material
on the House floor; and eighth, use of personal, electronic office
equipment on the House floor.
These announcements, where appropriate, will reiterate the origins of
the stated policies. Citations to House Rules in those statements have
been updated to conform to the recodified House Rules. The Speaker
intends to continue in the 107th Congress the policies reflected in
these statements. The policy announced in the 102nd Congress with
respect to jurisdictional concepts related to clause 5(a) of rule XXI--
tax and tariff measures--will continue to govern but need not be
reiterated, as it is adequately documented as precedent in the House
Rules and Manual.
The announcements referred to follow and, without objection, will be
printed at this point in the Record.
There was no objection.

1. Privileges of the Floor

The Speaker's instructions to the former Doorkeeper and the
Sergeant-at-Arms announced on January 25, 1983, and on
January 21, 1986, regarding floor privileges of staff will
apply during the 107th Congress. The Speaker's policy
announced on August 1, 1996, regarding floor privileges of
former Members will also apply during the 107th Congress.

Announcement by the Speaker, January 25, 1983

The Speaker. Rule IV strictly limits those persons to whom
the privileges of the floor during sessions of the House are
extended, and that rule prohibits the Chair from entertaining
requests for suspension or waiver of that rule. As reiterated
as recently as August 22, 1974, by Speaker Albert under the
principle stated in Deschler's Procedure, chapter 4, section
3.4, the rule strictly limits the number of committee staff
permitted on the floor at one time during the consideration
of measures reported from their committees. This permission
does not extend to Members' personal staff except when a
Member has an amendment actually pending during the five-
minute rule. To this end, the Chair requests all Members and
committee staff to cooperate to assure that not more than the
proper number of staff are on the floor, and then only during
the actual consideration of measures reported from their
committees. The Chair will again extend this admonition to
all properly admitted majority and minority staff by
insisting that their presence on the floor, including the
areas behind the rail, be restricted to those periods during
which their supervisors have specifically requested their
presence. The Chair stated this policy in the 97th Congress,
and an increasing number of Members have insisted on strict
enforcement of the rule. The Chair has consulted with and has
the concurrence of the Minority Leader with respect to this
policy and has directed [the Doorkeeper and] the Sergeant-at-
Arms to assure proper enforcement of the rule.

Announcement by the Speaker, January 21, 1986

The Speaker. Rule IV strictly limits those persons to whom
the privileges of the floor during sessions of the House are
extended, and that rule prohibits the Chair from entertaining
requests for suspension or waiver of that rule. As reiterated
by the Chair on January 25, 1983, and January 3, 1985, and as
stated in chapter 4, section 3.4 of Deschler-Brown's
Procedure in the House of Representatives, the rule strictly
limits the number of committee staff on the floor at one time
during the consideration of measures reported from their
committees. This permission does not extend to Members'
personal staff except when a Member's amendment is actually
pending during the five-minute rule. It also does not extend
to personal staff of Members who are sponsors of pending
bills or who are engaging in special orders. The Chair
requests the cooperation of all Members and committee staff
to assure that only the proper number of staff are on the
floor, and then only during the consideration of measures
reported from their committees. The Chair is making this
statement and reiterating this policy because of concerns
expressed by many Members about the number of committee staff
on the floor during the last weeks of the first session. The
Chair requests each chairman, and each ranking minority
member, to submit to the [Doorkeeper] Sergeant-at-Arms a list
of staff who are to be allowed on the floor during the
consideration of a measure reported by their committee. Each
staff person should exchange his or her ID for a ``committee
staff'' badge which is to be worn while on the floor. The
Chair has consulted with the Minority Leader and will
continue to consult with him. The Chair has furthermore
directed the [Doorkeeper and] Sergeant-at-Arms to assure
proper enforcement of rule IV.

Announcement by the Speaker, August 1, 1996

The Speaker. The Chair will make a statement. On May 25,
1995, the Chair took the opportunity to reiterate guidelines
on the prohibition against former Members exercising floor
privileges during the consideration of a matter in which they
have a personal or pecuniary interest or are employed or
retained as a lobbyist.
Clause 4 of rule IV and the subsequent guidelines issued by
previous Speakers on this matter make it clear that
consideration of legislative measures is not limited solely
to those pending before the House. Consideration also
includes all bills and resolutions either which have been
called up by a full committee or subcommittee or on which
hearings have been held by a full committee or subcommittee
of the House.

[[Page 40]]

Former Members can be prohibited from privileges of the
floor, the Speaker's lobby and respective Cloakrooms should
it be ascertained they have direct interests in legislation
that is before a subcommittee, full committee, or the House.
Not only do those circumstances prohibit former Members but
the fact that a former Member is employed or retained by a
lobbying organization attempting to directly or indirectly
influence pending legislation is cause for prohibiting access
to the House Chamber.
First announced by Speaker O'Neill on January 6, 1977,
again on June 7, 1978, and by Speaker Foley in 1994, the
guidelines were intended to prohibit former Members from
using their floor privileges under the restrictions laid out
in this rule. This restriction extends not only to the House
floor but adjacent rooms, the Cloakrooms, and the Speaker's
lobby.
Members who have reason to know that a former Member is on
the floor inconsistent with clause 4 of rule IV should notify
the Sergeant-at-Arms promptly.

2. Introduction of Bills and Resolutions

The Speaker's policy announced on January 3, 1983, will
continue to apply in the 107th Congress.

Announcement by the Speaker, January 3, 1983

The Speaker. The Chair would like to make a statement
concerning the introduction and reference of bills and
resolutions. As Members are aware, they have the privilege
today of introducing bills. Heretofore on the opening day of
a new Congress, several hundred bills have been introduced.
The Chair will do his best to refer as many bills as
possible, but he will ask the indulgence of Members if he is
unable to refer all the bills that may be introduced. Those
bills which are referred and do not appear in the Record as
of today will be included in the next day's Record and
printed with a date as of today.
The Chair has advised all officers and employees of the
House that are involved in the processing of bills that every
bill, resolution, memorial, petition or other material that
is placed in the hopper must bear the signature of a Member.
Where a bill or resolution is jointly sponsored, the
signature must be that of the Member first named thereon. The
bill clerk is instructed to return to the Member any bill
which appears in the hopper without an original signature.
This procedure was inaugurated in the 92d Congress. It has
worked well, and the Chair thinks that it is essential to
continue this practice to insure the integrity of the process
by which legislation is introduced in the House.

3. Unanimous-Consent Requests for the Consideration of Bills and
Resolutions

The Speaker's policy announced on January 6, 1999, will
continue to apply in the 107th Congress.

announcement by the speaker, january 6, 1999

The Speaker. The Speaker will continue to follow the
guidelines recorded in section 956 of the House Rules and
Manual conferring recognition for unanimous-consent requests
for the consideration of bills and resolutions only when
assured that the majority and minority floor leadership and
committee and subcommittee chairmen and ranking minority
members have no objection. Consistent with those guidelines,
and with the Chair's inherent power of recognition under
clause 2 of rule XVII, the Chair, and any occupant of the
Chair appointed as Speaker pro tempore pursuant to clause 8
of rule I, will decline recognition for unanimous-consent
requests for consideration of bills and resolutions without
assurances that the request has been so cleared. This denial
of recognition by the Chair will not reflect necessarily any
personal opposition on the part of the Chair to orderly
consideration of the matter in question, but will reflect the
determination upon the part of the Chair that orderly
procedures will be followed; that is, procedures involving
consultation and agreement between floor and committee
leadership on both sides of the aisle. In addition to
unanimous-consent requests for the consideration of bills and
resolutions, section 956 of the House Rules and Manual also
chronicles examples where the Speaker applied this policy on
recognition to other related unanimous-consent requests, such
as requests to consider a motion to suspend the rules on a
nonsuspension day and requests to permit consideration of
nongermane amendments to bills.
As announced by the Speaker, April 26, 1984, the Chair will
entertain unanimous-consent requests to dispose of Senate
amendments to House bills on the Speaker's table if made by
the chairman of the committee with jurisdiction, or by
another committee member authorized to make the request.

4. Recognition for One-Minute Speeches and Special Orders

The Speaker's policy announced on January 25, 1984, with
respect to recognition for one-minute speeches will apply
during the 107th Congress with the continued understanding
that the Chair reserves the authority to restrict one-minute
speeches at the beginning of the legislative day. The
Speaker's policy announced in the 104th Congress for
recognition for ``morning hour'' debate and restricted
special-order speeches, announced on May 12, 1995, will also
continue through the 107th Congress with the further
clarification that reallocations of time within each
leadership special-order period will be permitted with notice
to the Chair.

announcement by the Speaker, August 8, 1984, relative to recognition
for one-minute speeches

The Speaker. After consultation with and concurrence by the
Minority Leader, the Chair announces that he will institute a
new policy of recognition for ``one-minute'' speeches and for
special order requests. The Chair will alternate recognition
for one-minute speeches between majority and minority
Members, in the order in which they seek recognition in the
well under present practice from the Chair's right to the
Chair's left, with possible exceptions for Members of the
leadership and Members having business requests. The Chair,
of course, reserves the right to limit one-minute speeches to
a certain period of time or to a special place in the program
on any given day, with notice to the leadership.
Upon consultation with the Minority Leader, the Speaker's
policy, which began on February 23, 1994 and was reiterated
on January 4, 1995, will continue to apply in the 107th
Congress as outlined below:
On Tuesdays, following legislative business, the Chair may
recognize Members for special-order speeches up to midnight,
and such speeches may not extend beyond midnight. On all
other days of the week, the Chair may recognize Members for
special-order speeches up to four hours after the conclusion
of five-minute special-order speeches. Such speeches may not
extend beyond the four-hour limit without the permission of
the Chair, which may be granted only with advance
consultation between the leaderships and notification to the
House. However, at no time shall the Chair recognize for any
special-order speeches beyond midnight.
The Chair will first recognize Members for five-minute
special-order speeches, alternating initially and
subsequently between the parties regardless of the date the
order was granted by the House. The Chair will then recognize
longer special orders speeches. A Member recognized for a
five-minute special-order speech may not be recognized for a
longer special-order speech. The four-hour limitation will be
divided between the majority and minority parties. Each party
is entitled to reserve its first hour for respective
leaderships or their designees. Recognition will alternate
initially and subsequently between the parties each day.
The allocation of time within each party's two-hour period
(or shorter period if prorated to end by midnight) is to be
determined by a list submitted to the Chair by the respective
leaderships. Members may not sign up with their leadership
for any special-order speeches earlier than one week prior to
the special order, and additional guidelines may be
established for such sign-ups by the respective leaderships.
Pursuant to clause 2(a) of rule V, the television cameras
will not pan the Chamber, but a ``crawl'' indicating morning
hour or that the House has completed its legislative business
and is proceeding with special-order speeches will appear on
the screen. Other television camera adaptations during this
period may be announced by the Chair.
The continuation of this format for recognition by the
Speaker is without prejudice to the Speaker's ultimate power
of recognition under clause 2 of rule XVII should
circumstances so warrant.

5. Decorum in Debate

The Speaker's policies with respect to decorum in debate
announced on January 3, 1991, and January 4, 1995, will apply
during the 107th Congress.

announcement by the speaker, january 3, 1991

The Speaker. It is essential that the dignity of the
proceedings of the House be preserved, not only to assure
that the House conducts its business in an orderly fashion
but to permit Members to properly comprehend and participate
in the business of the House. To this end, and in order to
permit the Chair to understand and to correctly put the
question on the numerous requests that are made by Members,
the Chair requests that Members and others who have the
privileges of the floor desist from audible conversation in
the Chamber while the business of the House is being
conducted. The Chair would encourage all Members to review
rule XVII to gain a better understanding of the proper rules
of decorum expected of them, and especially: First, to avoid
``personalities'' in debate with respect to references to
other Members, the Senate, and the President; second, to
address the Chair while standing and only when and not beyond
the time recognized, and not to address the television or
other imagined audience; third, to refrain from passing
between the Chair and the Member speaking, or directly in
front of a Member speaking from the well; fourth, to refrain
from smoking in the Chamber; and generally to display the
same degree of respect to the Chair and other members that
every Member is due.
The Speaker's announcement of January 4, 1995, will
continue to apply in the 107th Congress as follows:

[[Page 41]]

The Speaker. The Chair would like all Members to be on
notice that the Chair intends to strictly enforce time
limitations on debate. Furthermore, the Chair has the
authority to immediately interrupt Members in debate who
transgress rule XVII by failing to avoid ``personalities'' in
debate with respect to references to the Senate, the
President, and other Members, rather than wait for Members to
complete their remarks.
Finally, it is not in order to speak disrespectfully of the
Speaker; and under the precedents the sanctions for such
violations transcend the ordinary requirements for timeliness
of challenges. This separate treatment is recorded in volume
2 of Hinds' Precedents, at section 1248 and was reiterated on
January 19, 1995.

6. Conduct of Votes by Electronic Device

The Speaker's policy announced on January 4, 1995, will
continue through the 107th Congress.
The Speaker. The Chair wishes to enunciate a clear policy
with respect to the conduct of electronic votes.
As Members are aware, clause 2(a) of rule XX provides that
Members shall have not less than 15 minutes in which to
answer an ordinary [rollcall] record vote or quorum call. The
rule obviously establishes 15 minutes as a minimum. Still,
with the cooperation of the Members, a vote can easily be
completed in that time. The events of October 30, 1991, stand
out as proof of this point. On that occasion, the House was
considering a bill in the Committee of the Whole under a
special rule that placed an overall time limit on the
amendment process, including the time consumed by [rollcalls]
record votes. The Chair announced, and then strictly
enforced, a policy of closing electronic votes as soon as
possible after the guaranteed period of 15 minutes. Members
appreciated and cooperated with the Chair's enforcement of
the policy on that occasion.
The Chair desires that the example of October 30, 1991, be
made the regular practice of the House. To that end, the
Chair enlists the assistance of all Members in avoiding the
unnecessary loss of time in conducting the business of the
House. The Chair encourages all Members to depart for the
Chamber promptly upon the appropriate bell and light signal.
As in recent Congresses, the cloakrooms should not forward to
the Chair requests to hold a vote by electronic device, but
should simply apprise inquiring Members of the time remaining
on the voting clock.
Although no occupant of the Chair would prevent a Member
who is in the well of the Chamber before the announcement of
the result from casting his or her vote, each occupant of the
Chair will have the full support of the Speaker in striving
to close each electronic vote at the earliest opportunity.
Members should not rely on signals relayed from outside the
Chamber to assume that votes will be held open until they
arrive in the Chamber.

7. Use of Handouts on House Floor

The Speaker's policy announced on September 27, 1995, will
continue through 107th Congress.
The Speaker. A recent misuse of handouts on the floor of
the House has been called to the attention of the Chair and
the House. At the bipartisan request of the Committee on
Standards of Official Conduct, the Chair announces that all
handouts distributed on or adjacent to the House floor by
Members during House proceedings must bear the name of the
Member authorizing their distribution. In addition, the
content of those materials must comport with standards of
propriety applicable to words spoken in debate or inserted in
the Record. Failure to comply with this admonition may
constitute a breach of decorum and may give rise to a
question of privilege.
The Chair would also remind Members that, pursuant to
clause 5 of rule IV, staff are prohibited from engaging in
efforts in the Hall of the House or rooms leading thereto to
influence Members with regard to the legislation being
amended. Staff cannot distribute handouts.
In order to enhance the quality of debate in the House, the
Chair would ask Members to minimize the use of handouts.

8. Use of Personal, Electronic Office Equipment on House Floor

The Speaker's policy announced on January 27, 2000, will
continue through the 107th Congress.
The Speaker. The Chair would like to take this occasion to
remind all Members and staff of the absolute prohibition
contained in the last sentence of clause 5 of rule XVII
against the use of any personal electronic office equipment,
including cellular phones and computers, upon the floor of
the House at any time.
The Chair requests all Members and staff wishing to receive
or send cellular telephone messages to do so outside of the
Chamber, and to deactivate, which means to turn off, any
audible ring of cellular phones before entering the Chamber.
To this end, the Chair insists upon the cooperation of all
Members and staff and instructs the Sergeant-at-Arms,
pursuant to Clause 3(a) of rule II, to enforce this
prohibition.

____________________

APPOINTMENT AS MEMBERS OF HOUSE OFFICE BUILDING COMMISSION

The SPEAKER pro tempore. Pursuant to the provisions of 40 United
States Code, 175 and 176, the Chair, without objection, announces the
Speaker's appointment of the gentleman from Texas (Mr. Armey) and the
gentleman from Missouri (Mr. Gephardt) as members of the House Office
Building Commission to serve with the Speaker.
There was no objection.

____________________

ON THE BEGINNING OF THE 107TH CONGRESS

(Mr. GIBBONS asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. GIBBONS. Madam Speaker, today we begin the 107th Congress, and
much work lies ahead of us. It is my hope that we will be able to join
together to do the work of the American people who have entrusted us to
do just that. The American people want a government which rises above
partisan bickering and makes a real commitment to empowering
individuals and communities. Our parents, teachers, and schools need
the ability and resources to make their own decisions on educating
America's children so that no child is left behind and every child has
the chance to succeed.
Madam Speaker, this Congress must also work to ensure that every
American has access to affordable and quality health care. And this
Congress should grant the hardworking people of America real relief
from overbearing tax burdens they currently face, starting with the
elimination of the marriage penalty tax and the death tax.
I am confident that we will rise to these challenges and pass
responsible legislation which will meet the needs of not only Nevadans
but every American.

____________________

CONGRATULATING GALE NORTON ON HER NOMINATION AS SECRETARY OF THE
INTERIOR

(Mr. SCHAFFER asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. SCHAFFER. Madam Speaker, I would like to welcome everyone back
and also to congratulate the Governor of Texas, the President-elect of
the United States, not only for inspiring and earning the confidence of
the country but in particular for the selection and nomination
announcement early on about the Secretary of the Interior. Gale Norton,
from Colorado, is the past attorney general for the great State of
Colorado; and I am thoroughly excited and convinced that our
colleagues, Madam Speaker, will be thrilled as well with the skill,
expertise and attributes that Gale Norton will bring to the office of
Secretary of the Interior. Her record in the State of Colorado is one
that is clearly in the best interests of maintaining the integrity of
our environment and doing so in a way that honors and respects western
values and realizes the integral link between economic livelihoods of
Westerners and also the maintenance and preservation of our most
precious natural resources.
It is going to be an exciting time for us to work closely with the
Department of the Interior under that new leadership, and I am anxious
to move ahead and look forward to working hard with the new secretary.

____________________

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.

____________________

INTRODUCTION OF THE KEEP OUR PROMISE TO AMERICA'S MILITARY RETIREES ACT
IN 107TH CONGRESS

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Mississippi (Mr. Shows) is recognized for 5 minutes.
Mr. SHOWS. Madam Speaker, today the gentleman from Georgia (Mr.
Norwood) and I are introducing the Keep

[[Page 42]]

Our Promise to America's Military Retirees Act. This is the successor
bill to H.R. 2966 and H.R. 3573 which we introduced in the 106th
Congress.
Madam Speaker, the United States is the greatest military power in
the world. We could never have achieved such superiority without the
millions of Americans who risked all to serve this great country. These
patriots put the security of home and family on the line to defend the
freedoms of all Americans. We do not hesitate to ask American men and
women to make military service a career. And what do they ask for in
return? All they ask is that the promises made when they entered the
service are fulfilled when they retire.
Americans who agreed to serve a military career, at least 20 years,
to protect our democracy were promised lifetime health care benefits by
recruiters. But for many, the promised health care was not delivered.
The Keep Our Promise to America's Military Retirees Act would restore
adequate health care to our military retirees by enabling them to elect
coverage under the Federal Employee Health Benefits Program.
Last year, Congress responded to overwhelming grassroots support for
the Keep Our Promise Act by including portions of the bill in the 2001
National Defense Authorization Act. Congress took the historic step of
extending TRICARE, the military health care program, to military
retirees beyond the age of 65 beginning in FY 2002. Finally, elderly
military retirees will be able to keep TRICARE as a supplement to
Medicare just like elderly civilian Federal retirees can keep their
FEHBP as a supplement to Medicare.
Unfortunately, Congress did not address the pressing health care
needs of military retirees under age 65 who must continue coverage
under a TRICARE program that is woefully inadequate for many of them.
TRICARE essentially offers health care benefits to retirees at military
treatment facilities on a space-available basis. That is, they can pay
for treatment if there is room for them at a military base. But with
downsizing and base closures, access to military health care is
difficult. It is impossible for those who cannot travel even short
distances. And many retirees who do not live near bases cannot find a
civilian doctor who participates in TRICARE. The Promise Act will allow
retirees who are not well served by TRICARE to participate in the
Federal Employees Health Benefit Plan.
Madam Speaker, retirees who entered the service prior to June 7,
1956, when the program now known as TRICARE was enacted actually saw
much of their promised and earned benefits taken away. Under the Keep
Our Promise Act, the United States Government would keep its word to
this most elderly group of retirees by paying the full cost of FEHBP
enrollment. Military retirees across the country will tell you that
this is landmark legislation to fulfill the government's broken promise
for which they have been fighting for years. Madam Speaker, when you or
I or anyone else buys something on the open market, we are always
warned to let the buyer beware. But military recruiters are not
salesmen. Recruiters are agents of the United States Government, the
American people.
Should Americans doubt their own government? We owe it to our
military retirees who were led to believe they would receive lifetime
health care that the government will be there for them. Madam Speaker,
it is up to Congress to adequately fund TRICARE so it can provide the
level of health care we owe our military retirees. And we must make
sure that the Defense Department administers TRICARE in a manner
consistent with that goal. Right now TRICARE does not properly serve
many of our military retirees. They need to be treated fairly and
compassionately. This is what the Keep Our Promise Act does.
Passing this bill will let America's military retirees who served in
World War II, Korea, Vietnam, and the Persian Gulf know that we honor
and respect them by keeping our word to them. And passing this bill
will get the attention of the next generation of Americans who must not
be discouraged from military service.
Madam Speaker, we should keep our promise to America's Military
retirees. We should pass the Keep Our Promise to America's Military
Retirees Act.

____________________

VACATING HOUSE RESOLUTION 11

The SPEAKER pro tempore. Without objection, the proceedings whereby
House Resolution 11 was considered and adopted are vacated since the
same resolution had been previously adopted as H. Res. 10.
There was no objection.

____________________

MESSAGE FROM THE SENATE

A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate has passed without amendment concurrent
resolutions of the House of the following titles:

S. Con. Res. 1. Concurrent resolution to provide for the
counting on January 6, 2001, of the electoral votes for
President and Vice President of the United States.
S. Con. Res. 2. Concurrent resolution to extend the life of
the Joint Congressional Committee on Inaugural Ceremonies and
the provisions of Senate Concurrent Resolution 90 of the One
Hundred Sixth Congress.

The message also announced that a committee consisting of two
Senators be appointed to join such committee as may be appointed by the
House to wait upon the President of the United States and inform him
that a quorum of each House is assembled and that the Congress is ready
to receive any communication he may be pleased to make.
The message also announced that the Secretary inform the House that a
quorum of the Senate is assembled and that the Senate is ready to
proceed to business.
The message also announced that the House of Representatives be
notified of the election of Robert C. Byrd, a Senator from the State of
West Virginia, as President pro tempore.

____________________

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 Member (at the request of Mr. Shows) to revise and
extend his remarks and include extraneous material:
Mr. Shows, for 5 minutes, today.

____________________

ADJOURNMENT

Mr. SHOWS. Madam Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 4 o'clock and 40 minutes
p.m.), under its previous order, the House adjourned until Saturday,
January 6, 2001, at 11 a.m.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

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

1. A communication from the President of the United States,
transmitting a request to make available previously
appropriated emergency funds for the Department of Health and
Human Services pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended; (H. Doc. No. 107-10); to the Committee on
Appropriations and ordered to be printed.
2. A communication from the President of the United States,
transmitting a request to make available previously
appropriated emergency funds for the Department of Health and
Human Services pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended; (H. Doc. No. 107-8); to the Committee on
Appropriations and ordered to be printed.
3. A letter from the General Counsel, Architectural and
Transportation Barriers Compliance Board, transmitting the
Board's final rule--Electronic and Information Technology
Accessibility Standards [Docket No. 2000-01] (RIN: 3014-AA25)
received December 19, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Education and the
Workforce.
4. A letter from the Acting Director, Office of Workers'
Compensation Programs, Department of Labor, transmitting the
Department's final rule--Regulations implementing

[[Page 43]]

the Federal Coal Mine Health and Safety Act of 1969, as
amended (RIN: 1215-AA99) received December 20, 2000, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and
the Workforce.
5. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Approval and Promulgation of Air Quality
Implementation Plans; District of Columbia, Maryland,
Virginia; Post 1996 Rate-of-Progress Plans, One-Hour Ozone
Attainment Demonstrations and Attainment Date Extension for
the Metropolitan Washington D.C. Ozone Nonattainment Area
[DC-2025, MD-3064, VA-5052; FRL-6922-9] received December 21,
2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
6. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Unregulated Contaminant Monitoring Regulation for
Public Water Systems; Analytical Methods for List 2
Contaminants; Clarifications to the Unregulated Contaminant
Monitoring Regulation [FRL-6920-6] (RIN: 2040-AD58) received
December 19, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
7. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Control of Emissions of Hazardous Air Pollutants
from Mobile Sources [AMS-FRL-6924-1] (RIN: 2060-AI55)
received December 29, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Control of Air Pollution from New Motor Vehicles:
Heavy-Duty Engine and Vehicle Standards and Highway Diesel
Fuel Sulfur Control Requirements [AMS-FRL-6923-7] received
December 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
9. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Approval and Promulgation of Air Quality
Implementation Plans; Massachusetts; One-Hour Ozone
Attainment Demonstration and Attainment Date Extension for
the Springfield (Western Massachusetts) Ozone Nonattainment
Area [MA069-7205; A-1-FRL-6927-6] received December 28, 2000,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
10. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Approval and Promulgation of Air Quality
Implementation Plans; Connecticut; One-Hour Ozone Attainment
Demonstration and Attainment Date Extension for the Greater
Connecticut Ozone Nonattainment Area [CT056-7215b; FRL-6924-
5] received December 28, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
11. A letter from the Deputy Associate Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--National Emission Standards for Hazardous Air
Pollutants for Source Categories: Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing
Industry and Other Processes Subject to the Negotiated
Regulation for Equipment Leaks [AD-FRL-6923-8] (RIN: 2060-
AH81) received December 28, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
12. A communication from the President of the United
States, transmitting a report on developments concerning the
national emergency with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and Kosovo, pursuant to 50
U.S.C. 1703(c); (H. Doc. No. 107-6); to the Committee on
International Relations and ordered to be printed.
13. A communication from the President of the United
States, transmitting a supplemental report, consistent with
the War Powers Resolution, to help ensure that the Congress
is kept fully informed on continued U.S. contributions in
support of peacekeeping efforts in Kosovo; (H. Doc. No. 107-
5); to the Committee on International Relations and ordered
to be printed.
14. A letter from the Director, Office of Enforcement
Policy, Wage and Hour Division, Department of Labor,
transmitting the Department's final rule--Labor Condition
Applications and Requirements for Employers Using
Nonimmigrants on H-1B Visas in Specialty Occupations and as
Fashion Models; Labor Certification Process for Permanent
Employment of Aliens in the United States (RIN: 1215-AB09)
received December 21, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
15. A letter from the Deputy Chief Counsel, Research and
Special Programs Administration, Department of
Transportation, transmitting the Department's final rule--
Pipeline Safety: Areas Unusually Sensitive to Environmental
Damage [Docket No. RSPA-99-5455; Amdt. 195-71] (RIN: 2137-
AC34) received December 22, 2000, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
16. A communication from the President of the United
States, transmitting a Proclamation to implement the non-
textile/apparel benefits of the African Growth and
Opportunity Act (Title I of Public Law 106-200); (H. Doc. No.
107-9); to the Committee on Ways and Means and ordered to be
printed.
17. A letter from the the Director, the Congressional
Budget Office, transmitting CBO's final sequestration report
for Fiscal Year 2000, pursuant to 2 U.S.C. 901; (H. Doc. No.
107-7); to the Committee on the Whole House on the State of
the Union and ordered to be printed.
18. A communication from the President of the United
States, transmitting a report concerning Japan's research
whaling activities that diminish the effectiveness of the
International Whaling Convention (IWC) conservation program,
pursuant to section 8 of the Fishermen's Protective Act of
1967, 22 U.S.C. 1978 (the Pelly Amendment); (H. Doc. No. 107-
11); jointly to the Committees on International Relations and
Resources, and ordered to be printed.

____________________

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:

[Filed on January 2, 2001]

Mr. TALENT: Committee on Small Business. Summary of
Activities of the Committee on Small Business, 106th Congress
(Rept. 106-1050). Referred to the Committee of the Whole
House on the State of the Union.
Mr. DREIER: Committee on Rules. Survey of Activities of the
House Committee on Rules, 106th Congress (Rept. 106-1051).
Referred to the Committee of the Whole House on the State of
the Union.

____________________

PUBLIC BILLS AND RESOLUTIONS

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

By Mr. LEACH:
H.R. 11. A bill to revise the banking and bankruptcy
insolvency laws with respect to the termination and netting
of financial contracts, and for other purposes; referred to
the Committee on Financial Services, and in addition to the
Committee on the Judiciary, 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. GALLEGLY (for himself, Mr. Foley, Mr. Herger,
and Mr. Hayworth):
H.R. 12. A bill to amend the Internal Revenue Code of 1986
to increase the limitation on contributions to individual
retirement accounts; to the Committee on Ways and Means.
By Mr. ANDREWS (for himself and Mr. Foley):
H.R. 13. A bill to amend the Internal Revenue Code of 1986
to exclude from gross income of individual taxpayers
discharges of indebtedness attributable to certain forgiven
residential mortgage obligations; to the Committee on Ways
and Means.
By Mr. PORTMAN (for himself and Mr. Condit):
H.R. 14. A bill to establish a Bipartisan Commission on
Social Security Reform; to the Committee on Ways and Means.
By Mr. DREIER (for himself, Ms. McCarthy of Missouri,
Mr. English, Mr. Deutsch, and Mr. Sessions):
H.R. 15. A bill to amend the Internal Revenue Code of 1986
to provide maximum rates of tax on capital gains of 15
percent for individuals and 28 percent for corporations and
to index the basis of assets of individuals for purposes of
determining gains and losses; to the Committee on Ways and
Means.
By Mr. DINGELL:
H.R. 16. A bill to provide a program of national health
insurance, and for other purposes; to the Committee on Energy
and Commerce, and in addition to the Committee on 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. GEORGE MILLER of California (for himself, Mrs.
Roukema, Mr. Gilman, Mr. Quinn, and Mr. Clement):
H.R. 17. A bill to provide assistance to mobilize and
support United States communities in carrying out youth
development programs that assure that all youth have access
to programs and services that build the competencies and
character development needed to fully prepare the youth to
become adults and effective citizens; to the Committee on
Education and the Workforce.
By Mrs. BIGGERT:
H.R. 18. A bill to amend title XVIII of the Social Security
Act to establish additional provisions to combat waste,
fraud, and abuse within the Medicare Program, and for other
purposes; to the Committee on Ways and Means, and in addition
to the Committees on Energy and Commerce, and the Judiciary,
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. BARR of Georgia:
H.R. 19. A bill to nullify the effect of certain provisions
of various Executive orders;

[[Page 44]]

to the Committee on International Relations.
By Mr. GREENWOOD:
H.R. 20. A bill to amend section 211 of the Clean Air Act
to modify the provisions regarding the oxygen content of
reformulated gasoline and to improve the regulation of the
fuel additive, methyl tertiary butyl ether (MTBE), and for
other purposes; to the Committee on Energy and Commerce.
By Mr. BARR of Georgia:
H.R. 21. A bill to amend title 18, United States Code, to
provide that the firearms prohibitions applicable by reason
of a domestic violence misdemeanor conviction do not apply if
the conviction occurred before the prohibitions became law;
to the Committee on the Judiciary.
By Mr. LaTOURETTE:
H.R. 22. A bill to delay any legal effect or implementation
of a notice or rights and request for disposition form of the
Immigration and Naturalization Service if an alien admits to
being in the United States illegally, gives up the right to a
hearing before departure, and requests to return to his
country without a hearing; to the Committee on the Judiciary.
By Mr. BARR of Georgia:
H.R. 23. A bill to permit congressional review of certain
Presidential orders; to the Committee on the Judiciary.
H.R. 24. A bill to amend title 18, United States Code, with
respect to the authority of probation officers and pretrial
services officers to carry firearms, to the Committee on the
Judiciary.
By Mr. SWEENEY (for himself, Mr. Boehlert, and Mr.
McHugh):
H.R. 25. A bill to reduce acid deposition under the Clean
Air Act, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. SERRANO:
H.R. 26. A bill to waive certain prohibitions with respect
to nationals of Cuba coming to the United States to play
organized professional baseball; to the Committee on
International Relations, and in addition to the Committee on
the Judiciary, 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. BARTLETT of Maryland:
H.R. 27. A bill to amend the Internal Revenue Code of 1986
to prohibit the use of public funds for political party
conventions; to the Committee on House Administration.
By Ms. SLAUGHTER (for himself and Mrs. Morella):
H.R. 28. A bill to establish the Violence Against Women
Office within the Department of Justice; to the Committee on
the Judiciary.
By Mr. GEKAS:
H.R. 29. A bill to prevent Government shutdowns; to the
Committee on Appropriations.
By Mr. GEKAS (for himself and Mr. Young of Alaska):
H.R. 30. A bill to establish a commission to review and
explore ways for the United States to become energy self-
sufficient by 2011; to the Committee on Energy and Commerce.
By Mr. BARTLETT of Maryland (for himself, Mr. Stearns,
Mr. Brady of Texas, Mr. Hall of Texas, Mr. Schaffer,
Mr. Hilleary, Mr. Callahan, Mr. Hayworth, Mrs.
Emerson, Mr. Nethercutt, Mr. Barcia, Mr. Stump, and
Mr. Simpson):
H.R. 31. A bill to protect the right to obtain firearms for
security, and to use firearms in defense of self, family, or
home, and to provide for the enforcement of such right; to
the Committee on the Judiciary.
By Mr. BEREUTER (for himself and Mr. Schaffer):
H.R. 32. A bill to amend the Agricultural Market Transition
Act to establish a flexible fallow program under which a
producer may idle a portion of the total planted acreage of
the loan commodities of the producer in exchange for higher
loan rates for marketing assistance loans on the remaining
acreage of the producer; to the Committee on Agriculture.
By Mr. BEREUTER:
H.R. 33. A bill to amend the Agricultural Market Transition
Act to authorize a program to encourage agricultural
producers to rest and rehabilitate croplands while enhancing
soil and water conservation and wildlife habitat; to the
Committee on Agriculture.
H.R. 34. A bill to amend the Agricultural Market Transition
Act to provide for the payment of special loan deficiency
payments to producers who are eligible for loan deficiency
payments, but who suffered yield losses due to damaging
weather or related condition in a federally declared disaster
area; to the Committee on Agriculture.
H.R. 35. A bill to amend the Federal Election Campaign Act
of 1971 to prohibit all individuals who are not citizens or
nationals of the United States from making contributions or
expenditures in connection with elections for Federal office;
to the Committee on House Administration.
H.R. 36. A bill to amend the National Trails System Act to
authorize an additional category of national trail known as a
national discovery trail, to provide special requirements for
the establishment and administration of national discovery
trails, and to designate the cross country American Discovery
Trail as the first national discovery trail; to the Committee
on Resources.
H.R. 37. A bill to amend the National Trails System Act to
update the feasibility and suitability studies of 4 national
historic trails and provide for possible additions to such
trails; to the Committee on Resources.
H.R. 38. A bill to provide for additional lands to be
included within the boundaries of the Homestead National
Monument of America in the State of Nebraska, and for other
purposes; to the Committee on Resources.
By Mr. YOUNG of Alaska:
H.R. 39. A bill to establish and implement a competitive
oil and gas leasing program that will result in an
environmentally sound and job creating program for the
exploration, development, and production of the oil and gas
resources of the Coastal Plain, and for other purposes; to
the Committee on Resources.
By Mr. CONYERS (for himself, Mr. Fattah, Mr. Hastings
of Florida, Mr. Hilliard, Mr. Jefferson, Ms. Eddie
Bernice Johnson of Texas, Mrs. Meek of Florida, Mr.
Owens, Mr. Rush, and Mr. Towns):
H.R. 40. A bill to acknowledge the fundamental injustice,
cruelty, brutality, and inhumanity of slavery in the United
States and 13 American colonies between 1619 and 1865 and to
establish a commission to examine the institution of slavery,
subsequently de jure and de facto racial and economic
discrimination against African-Americans, and the impact of
these forces on living African-Americans, to make
recommendations to the Congress on appropriate remedies, and
for other purposes; to the Committee on the Judiciary.
By Mrs. JOHNSON of Connecticut (for herself and Mr.
Matsui):
H.R. 41. A bill to amend the Internal Revenue Code of 1986
to permanently extend the research credit and to increase the
rates of the alternative incremental credit; to the Committee
on Ways and Means.
By Mr. BEREUTER (for himself, Mr. LaHood, Mr. Cooksey,
Mr. Barr of Georgia, Mr. Thune, Mr. Bilirakis, Mr.
Moran of Kansas, and Mrs. Biggert):
H.R. 42. A bill to amend the Internal Revenue Code of 1986
to reduce estate and gift tax rates, and for other purposes;
to the Committee on Ways and Means.
By Mr. BEREUTER (for himself, Ms. Dunn, Mr. Thomas M.
Davis of Virginia, and Mr. Ramstad):
H.R. 43. A bill to amend the Internal Revenue Code of 1986
to provide a higher purchase price limitation applicable to
mortage subsidy bonds based on median family income; to the
Committee on Ways and Means.
By Mrs. BIGGERT:
H.R. 44. A bill to amend the Inspector General Act of 1978
to increase the efficiency and accountability of Offices of
Inspector General within Federal departments, and for other
purposes; to the Committee on Government Reform.
H.R. 45. A bill to amend title 18, United States Code, with
regard to prison commissaries, and for other purposes; to the
Committee on the Judiciary.
H.R. 46. A bill to amend title VI of the Elementary and
Secondary Education Act of 1965 to raise awareness of eating
disorders and to create educational programs concerning the
same, and for the other purposes; to the Committee on
Education and the Workforce, and in addition to the Committee
on Energy and Commerce, 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. CAMP (for himself, Mr. Upton, Mr. Ehlers, Mr.
Hoekstra, and Mr. Smith of Michigan):
H.R. 47. A bill to require any amounts appropriated for
Members' Representational Allowances for the House of
Representatives for a fiscal year that remain after all
payments are made from such Allowances for the year to be
deposited in the Treasury and used for deficit reduction or
to reduce the Federal debt; to the Committee on House
Administration.
By Mrs. CHRISTENSEN (for herself, Mr. Faleomavaega, Mr.
Underwood, and Mr. Aceved-Vila):
H.R. 48. A bill to amend titles XI and XIX of the Social
Security Act to remove the cap on Medicaid payments for
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa and to adjust the Medicaid
statutory matching rate for those territories; to the
Committee on Energy and Commerce.
By Mr. CLYBURN:
H.R. 49. A bill to establish the United States Commission
on Election Law Reform to study election procedures used in
the United States and issue a report and recommendations on
revisions to such procedures, and for other purposes; to the
Committee on House Administration, and in addition to the
Committee on the Judiciary, 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. MARKEY (for himself, Mr. Tauzin, Mr. Dingell,
Mr. LaTourette,

[[Page 45]]

Ms. Eshoo, Mr. Frost, Mr. Cox, Ms. Eddie Bernice
Johnson of Texas, Mr. Burr of North Carolina, Mr.
McGovern, Mr. Olver, Mr. Hastings of Florida, Mr.
Horn, Mr. Phelps, Mr. George Miller of California,
Mr. Clyburn, Mr. Boehlert, Mr. Deal of Georgia, Mr.
Barton of Texas, Mr. Udall of Colorado, Mr. Riley,
and Mr. Burton of Indiana):
H.R. 50. A bill to amend title 3, United States Code, and
the Uniform Time Act of 1966 to establish a single poll
closing time for Presidential general elections; to the
Committee on House Administration, and in addition to the
Committee on Energy and Commerce, 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. CONDIT:
H.R. 51. A bill to amend title 10, United States Code, to
provide that persons retiring from the Armed Forces shall be
entitled to all benefits which were promised them when they
entered the Armed Forces; to the Committee on Armed Services.
By Mr. CONDIT (for himself and Mr. Cox):
H.R. 52. A bill to amend the Clean Air Act to permit the
exclusive application of California State regulations
regarding reformulated gas in certain areas within the State;
to the Committee on Energy and Commerce.
By Mr. CONDIT:
H.R. 53. A bill to amend title 18, United States Code, to
provide criminal penalties for the harassment of victims of
Federal offenses by the convicted offenders; to the Committee
on the Judiciary.
By Mr. CONDIT (for himself and Mr. Portman):
H.R. 54. A bill to improve congressional deliberation on
proposed Federal private sector mandates, and for other
purposes; to the Committee on Rules.
By Mr. DREIER:
H.R. 55. A bill to make the Federal employees health
benefits program available to individuals age 55 to 65 who
would not otherwise have health insurance, and for other
purposes; to the Committee on Government Reform, and in
addition to the Committee on 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. CONDIT:
H.R. 56. A bill to amend the Internal Revenue Code of 1986
to allow a credit against income tax for the purchase and
installation of agricultural water conservation systems; to
the Committee on Ways and Means.
By Mr. DeFAZIO (for himself, Mr. Leach, Mr. Lampson,
Mr. McGovern, Mr. Frost, Mr. McNulty, Mr. Olver, Mr.
Clement, Ms. Rivers, Mr. Sanders, Ms. McKinney, Ms.
Lee, Mr. Cardin, Mr. Costello, Mr. Wu, Ms. Slaughter,
Mr. Obserstar, Mr. Kucinich, Mr. Udall of Colorado,
Mr. Baldacci, Ms. Pelosi, Mr. Blumenauer, Mr. Filner,
Mr. Serrano, Mr. Evans, Mr. Farr of California, Ms.
Hooley of Oregon, Mr. Inslee, Mr. Isakson, and Mr.
Gillmor):
H.R. 57. A bill to establish a commission to study and make
recommendations with respect to the Federal electoral
process; to the Committee on House Administration.
By Mr. DEUTSCH:
H.R. 58. A bill to amend section 804 of the Federal Food,
Drug, and Cosmetic Act to correct impediments in the
implementation of the Medicine Equity and Drug Safety Act of
2000; to the Committee on Energy and Commerce.
By Mr. DREIER:
H.R. 59. A bill to establish a program of grants for
supplemental assistance for elementary and secondary school
students of limited English proficiency to ensure that they
rapidly develop proficiency in English while not falling
behind in their academic studies; to the Committee on
Education and the Workforce.
By Ms. JACKSON-LEE of Texas (for herself, Mr. Langevin,
and Mr. Hinojosa):
H.R. 60. A bill to establish a commission to develop
uniform standards which may be adopted by the States for the
administration of elections for Federal office, and for other
purposes; to the Committee on House Administration, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fail within the
jurisdictions of the committee concerned.
By Mr. DREIER (for himself and Mr. Pomeroy):
H.R. 61. A bill to promote youth financial education; to
the Committee on Education and the Workforce.
By Ms. JACKSON-LEE of Texas:
H.R. 62. A bill to amend title 5, United States Code, to
establish election day in Presidential election years as a
legal public holiday by moving the legal public holiday known
as Veterans Day to election day in such years, and for other
purposes; to the Committee on Government Reform.
By Mr. DREIER (for himself and Mr. Royce):
H.R. 63. A bill to amend the Internal Revenue Code of 1986
to allow unused benefits under cafeteria plans and flexible
spending arrangements to be distributed; to the Committee on
Ways and Means.
By Mr. EHLERS:
H.R. 64. A bill to provide for the establishment of the
position of Deputy Administrator for Science and Technology
of the Environmental Protection Agency, and for other
purposes; to the Committee on Science.
By Mr. BILIRAKIS (for himself, Mr. Condit, and Mr.
Kolbe):
H.R. 65. A bill to amend title 10, United States Code, to
permit retired members of the Armed Forces who have a
service-connected disability to receive a portion of their
military retired pay concurrently with veterans' disability
compensation; to the Committee on Armed Services, and in
addition to the Committee on Veterans' Affairs, 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. EHLERS:
H.R. 66. A bill to amend the Metric Conversion Act of 1975
to require Federal agencies to impose certain requirements on
recipients of awards for scientific and engineering research;
to the Committee on Science.
By Mrs. EMERSON:
H.R. 67. A bill to establish the Medicare Eligible Military
Retiree Health Care Consensus Task Force; to the Committee on
Armed Services.
By Mrs. EMERSON (for herself and Mr. Berry):
H.R. 68. A bill to amend the Federal Food, Drug, and
Cosmetic Act relating to the distribution chain of
prescription drugs; to the Committee on Energy and Commerce.
By Mrs. EMERSON:
H.R. 69. A bill to amend the Internal Revenue Code of 1986
to allow a refundable credit to military retirees for
premiums paid for coverage under Medicare part B; to the
Committee on Ways and Means, and in addition to the Committee
on Energy and Commerce, 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. JACKSON-LEE of Texas:
H.R. 70. A bill to prevent children's access to firearms;
to the Committee on the Judiciary.
H.R. 71. A bill to provide for the establishment of a task
force within the Bureau of Justice Statistics to gather
information about, study, and report to the Congress
regarding, incidents of abandonment of infant children; to
the Committee on the Judiciary, and in addition to the
Committee on Education and the Workforce, 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.
H.R. 72. A bill to amend title XVIII of the Social Security
Act to require hospitals reimbursed under the Medicare system
to establish and implement security procedures to reduce the
likelihood of infant patient abduction and baby switching,
including procedures for identifying all infant patients in
the hospital in a manner that ensures that it will be evident
if infants are missing from the hospital; to the Committee on
Ways and Means, and in addition to the Committees on the
Judiciary, and Energy and Commerce, 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.
H.R. 73. A bill to require the Secretary of Education to
conduct a study and submit a report to the Congress on
methods for identifying and treating children with dyslexia
in kindergarten through 3rd grade; to the Committee on
Education and the Workforce.
H.R. 74. A bill to enhance Federal enforcement of hate
crimes, and for other purposes; to the Committee on the
Judiciary.
H.R. 75. A bill to amend the Public Health Service Act with
respect to mental health services for children, adolescents
and their families; to the Committee on Energy and Commerce.
H.R. 76. A bill to allow postal patrons to contribute to
funding for emergency food relief within the United States
through the voluntary purchase of certain specially issued
United States postage stamps; to the Committee on Government
Reform.
By Mrs. EMERSON:
H.R. 77. A bill proposing an amendment to the Constitution
of the United States relating to voluntary school prayer; to
the Committee on the Judiciary.
H.R. 78. A bill proposing an amendment to the Constitution
of the United States with respect to the right to life; to
the Committee on the Judiciary.
H.R. 79. A bill proposing an amendment to the Constitution
to provide for a balanced budget for the United States
Government and for greater accountability in the enactment of
tax legislation; to the Committee on the Judiciary.
H.R. 80. A bill proposing an amendment to the Constitution
of the United States authorizing the Congress and the States
to prohibit the act of desecration of the flag of the United
States and to set criminal penalties for that act; to the
Committee on the Judiciary.

[[Page 46]]

H.R. 81. A bill to amend title II of the Social Security
Act to provide for an improved benefit computation formula
for workers affected by the changes in benefit computation
rules enacted in the Social Security Amendments of 1977 who
attain age 65 during the 10-year period after 1981 and before
1992 (and related beneficiaries) and to provide prospectively
for increases in their benefits accordingly; to the Committee
on Ways and Means.
H.R. 82. A bill to amend the Internal Revenue Code of 1986
to allow a refundable credit to certain senior citizens for
premiums paid for coverage under Medicare Part B; to the
Committee on Ways and Means, and in addition to the Committee
on Energy and Commerce, 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. ENGLISH (for himself and Mr. Traficant):
H.R. 83. A bill to amend title IV of the Employee
Retirement Income Security Act of 1974 to provide for cost-
of-living adjustments to guaranteed benefit payments paid by
the Pension Benefit Guaranty Corporation; to the Committee on
Education and the Workforce.
By Mr. ENGLISH (for himself and Mr. Paul):
H.R. 84. A bill to amend the Internal Revenue Code of 1986
to provide tax incentives for education; to the Committee on
Ways and Means.
By Mr. ENGLISH:
H.R. 85. A bill to reauthorize the Trade Adjustment
Assistance program through fiscal year 2006, and for other
purposes; to the Committee on Ways and Means.
H.R. 86. A bill to amend the Internal Revenue Code of 1986
to restructure and replace the income tax system of the
United States to meet national priorities, and for other
purposes; to the Committee on Ways and Means.
By Mr. FILNER:
H.R. 87. A bill to amend the Immigration and Nationality
Act to restore certain provisions relating to the definition
of aggravated felony and other provisions as they were before
the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996; to the Committee on the
Judiciary.
By Mr. FOLEY:
H.R. 88. A bill to amend the Internal Revenue Code of 1986
to increase the unified credit against estate and gift taxes
to the equivalent of a $5,000,000 exclusion and to increase
the annual gift exclusion to $30,000; to the Committee on
Ways and Means.
By Mr. FRELINGHUYSEN:
H.R. 89. A bill to require the Federal Trade Commission to
prescribe regulations to protect the privacy of personal
information collected from and about individuals who are not
covered by the Children's Online Privacy Protection Act of
1998 on the Internet, to provide greater individual control
over the collection and use of that information, and for
other purposes; to the Committee on Energy and Commerce.
H.R. 90. A bill to amend the Communications Act of 1934 to
prohibit telemarketers from interfering with the caller
identification service of any person to whom a telephone
solicitation is made, and for other purposes; to the
Committee on Energy and Commerce.
H.R. 91. A bill to regulate the use by interactive computer
services of Social Security account numbers and related
personally identifiable information; to the Committee on
Energy and Commerce.
H.R. 92. A bill to ensure the efficient allocation of
telephone numbers; to the Committee on Energy and Commerce.
By Mr. GALLEGLY (for himself, Mr. Horn, Mr. Condit, Mr.
LaTourette, and Mr. Berman):
H.R. 93. A bill to amend title 5, United States Code, to
provide that the mandatory separation age for Federal
firefighters be made the same as the age that applies with
respect to Federal law enforcement officers; to the Committee
on Government Reform.
By Mr. GREEN of Texas:
H.R. 94. A bill to provide Capitol-flown flags to the
families of deceased law enforcement officers; to the
Committee on the Judiciary.
H.R. 95. A bill to protect individuals, families, and
Internet service providers from unsolicited and unwanted
electronic mail; to the Committee on Energy and Commerce, and
in addition to the Committee on the Judiciary, 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. HALL of Texas:
H.R. 96. A bill to amend title II of the Social Security
Act to ensure the integrity of the Social Security trust
funds by requiring the Managing Trustee to invest the annual
surplus of such trust funds in marketable interest-bearing
obligations of the United States and certificates of deposit
in depository institutions insured by the Federal Deposit
Insurance Corporation, and to protect such trust funds from
the public debt limit; to the Committee on Ways and Means.
By Mr. HALL of Texas (for himself, Mr. Condit, Ms.
DeLauro, Mr. Barcia, Mr. Green of Wisconsin, Mr.
Engel, Mr. Horn, Mr. Weiner, Mr. Ney, Mr. Quinn, Mr.
Hilliard, Mr. Aderholt, Mr. Cramer, Ms. Berkley, Mr.
Smith of Washington, Mr. Baldacci, Mr. Green of
Texas, Mr. Wexler, Mr. Filner, Mr. Taylor of North
Carolina, Mr. Frost, Mr. Riley, Mr. Lampson, and Mr.
Ryan of Wisconsin):
H.R. 97. A bill to amend title II of the Social Security
Act to allow workers who attain age 65 after 1981 and before
1992 to choose either lump sum payments over four years
totalling $5,000 or an improved benefit computation formula
under a new 10-year rule governing the transition to the
changes in benefit computation rules enacted in the Social
Security Amendments of 1977, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on the Budget, 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. HASTINGS of Washington (for himself and Mr.
Boyd):
H.R. 98. A bill to amend the Agricultural Trade Act of 1978
to increase the amount of funds available for certain
agricultural trade programs; to the Committee on Agriculture.
By Mr. HAYWORTH:
H.R. 99. A bill to prohibit discrimination in contracting
on federally funded projects on the basis of certain labor
policies of potential contractors; to the Committee on
Education and the Workforce.
By Mr. EHLERS (for himself, Mr. Kolbe, Mr. Horn, Mr.
Baca, Mr. Candlin, Mr. Camp, Mr. Filner, and Mr.
Gibbons):
H.R. 100. A bill to establish and expand programs relating
to science, mathematics, engineering, and technology
education, and for other purposes; to the Committee on
Science, and in addition to the Committee on Education and
the Workforce, 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.
H.R. 101. A bill to amend the Elementary and Secondary
Education Act of 1965 to establish and expand programs
relating to science, mathematics, engineering, and technology
education, and for other purposes; to the Committee on
Education and the Workforce.
H.R. 102. A bill to amend the Internal Revenue Code of 1986
to encourage stronger math and science programs at elementary
and secondary schools; to the Committee on Ways and Means.
By Mr. HAYWORTH:
H.R. 103. A bill to amend the Indian Gaming Regulatory Act
to protect Indian tribes from coerced labor agreements; to
the Committee on Resources.
By Mr. CLYBURN:
H.J. Res. 1. Joint resolution proposing an amendment to the
Constitution of the United States to provide for the
appointment by the States of Electors for the election of the
President and Vice President on the basis of the popular vote
of each Congressional district of the State and for the
appointment of two electors by each State on the basis of the
total popular vote of the State; to the Committee on the
Judiciary.
By Mr. DINGELL:
H.J. Res. 2. Joint resolution proposing an amendment to the
Constitution of the United States to permit the Congress to
limit expenditures in elections for Federal office; to the
Committee on the Judiciary.
By Mr. GREEN of Texas:
H.J. Res. 3. Joint resolution proposing an amendment to the
Constitution of the United States to abolish the electoral
college and to provide for the direct popular election of the
President and Vice President of the United States; to the
Committee on the Judiciary.
By Mr. SERRANO:
H.J. Res. 4. Joint resolution proposing an amendment to the
Constitution of the United States to repeal the twenty-second
article of amendment, thereby removing the limitation on the
number of terms an individual may serve as President; to the
Committee on the Judiciary.
By Mr. ARMEY:
H. Con. Res. 1. Concurrent resolution providing for a
conditional adjournment of the House of Representatives and a
conditional recess or adjournment of the Senate; considered
and agreed to.
By Mr. ENGLISH:
H. Con. Res. 2. Concurrent resolution expressing the sense
of the Congress that a postage stamp should be issued in
honor of the United States Masters Swimming program; to the
Committee on Government Reform.
By Mr. FILNER:
H. Con. Res. 3. Concurrent resolution expressing the sense
of the Congress regarding a Federal holiday to commemorate
the birthday of Cesar E. Chavez; to the Committee on
Government Reform.
By Mr. PASCRELL:
H. Con. Res. 4. Concurrent resolution expressing the sense
of the Congress that a commemorative postage stamp should be
issued honoring Gunnery Sergeant John Basilone, a great
American hero; to the Committee on Government Reform.

[[Page 47]]

By Ms. JACKSON-LEE of Texas:
H. Con. Res. 5. Concurrent resolution expressing the sense
of the Congress that the States should adopt uniform voting
procedures to carry out the election of the President and
Vice President; to the Committee on House Administration.
H. Con. Res. 6. Concurrent resolution expressing the sense
of the Congress regarding the need to pass legislation to
increase penalties on perpetrators of hate crimes; to the
Committee on the Judiciary.
H. Con. Res. 7. Concurrent resolution expressing the sense
of the Congress that a commemorative postage stamp should be
issued in honor of the late George Thomas ``Mickey'' Leland;
to the Committee on Government Reform.
By Mrs. ROUKEMA (for herself, Mr. LaTourette, Mr.
McHugh, Mr. Farr of California, Mr. Abercrombie, Mr.
Boehlert, Mrs. Morella, Mr. Whitfield, Mr. Bentsen,
Mr. Barrett, and Mr. Horn):
H. Con. Res. 8. Concurrent resolution expressing the sense
of the Congress that the current Federal income tax deduction
for interest paid on debt secured by a first or second home
should not be further restricted; to the Committee on Ways
and Means.
By Mr. SERRANO:
H. Con. Res. 9. Concurrent resolution entitled the
``English Plus Resolution''; to the Committee on Education
and the Workforce.
By Mr. SWEENEY:
H. Con. Res. 10. Concurrent resolution expressing the sense
of the Congress that State earnings limitations on retired
law enforcement officers be lifted to enhance school safety;
to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, 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. WATTS of Oklahoma:
H. Res. 1. Resolution electing officers of the House of
Representatives; considered and agreed to.
By Mr. ARMEY:
H. Res. 2. Resolution to inform the Senate that a quorum of
the House has assembled and of the election of the Speaker
and the Clerk; considered and agreed to.
H. Res. 3. Resolution authorizing the Speaker to appoint a
committee to notify the President of the assembly of the
Congress; considered and agreed to.
H. Res. 4. Resolution authorizing the Clerk to inform the
President of the election of the Speaker and the Clerk;
considered and agreed to.
H. Res. 5. Resolution adopting rules for the One Hundred
Seventh Congress; considered and agreed to.
By Ms. PRYCE of Ohio:
H. Res. 6. Resolution designating majority membership on
certain standing committees of the House; considered and
agreed to.
By Mr. FROST:
H. Res. 7. Resolution designating minority membership on
certain standing committees of the House; considered and
agreed to.
H. Res. 8. Resolution providing for the designation of
certain minority employees; considered and agreed to.
By Mr. ARMEY:
H. Res. 9. Resolution fixing the daily hour of meeting of
the First Session of the One Hundred Seventh Congress;
considered and agreed to:
H. Res. 10. Resolution providing for the attendance of the
House at the Inaugural Ceremonies of the President and Vice
President of the United States; considered and agreed to.
H. Res. 11. Resolution expressing the sense of the House of
Representatives that oversight hearings should be held
immediately to determine the causes and outcomes surrounding
this influenza season's vaccine shortage; to the Committee on
Energy and Commerce.
By Mr. DREIER:
H. Res. 12. Resolution opposing the imposition of criminal
liability on Internet service providers based on the actions
of their users; to the Committee on the Judiciary, and in
addition to the Committee on International Relations, 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. KELLER:
H. Res. 13. Resolution to express the intention of the
House of Representatives to fully fund the Federal Pell Grant
Program, to the Committee on Education and the Workforce.
By Mrs. ROUKEMA:
H. Res. 14. Resolution expressing the sense of the House of
Representatives with respect to the seriousness of the
national problems associated with mental illness and with
respect to congressional intent to establish a ``Mental
Health Advisory Committee''; to the Committee on Energy and
Commerce.
By Mr. SHOWS:
H. Res. 15. Resolution supporting the national motto of the
United States; to the Committee on the Judiciary.
By Mr. TRAFICANT (for himself, Mr. Regula, Mr. English,
Mr. Ney, Mr. LaTourette, Mr. Collins, Ms. Hart, Mr.
Quinn, Mr. Hobson, and Mr. Sherwood):
H. Res. 16. Resolution calling on the President to take all
necessary measures to respond to the surge of steel imports
resulting from the financial crises in Asia, Russia, and
other regions, and for other purposes; to the Committee on
Ways and Means.
By Ms. WOOLSEY (for herself, Mr. Filner, Mr. Hinchey,
Ms. Lee, Mr. Kucinich, Mr. McGovern, and Ms. Pelosi):
H. Res. 17. Resolution recognizing the security interests
of the United States in furthering complete nuclear
disarmament; to the Committee on International Relations.
By Ms. WOOLSEY (for herself, Mr. Sanders, Mr. Shays,
Mr. Waxman, Ms. Eshoo, Ms. Roybal-Allard, Mr.
Hastings of Florida, and Ms. Slaughter):
H. Res. 18. Resolution expressing the sense of the House of
Representatives that the Senate should ratify the Convention
on the Elimination of All Forms of Discrimination Against
Women; to the Committee on International Relations.

CONGRESSIONAL RECORD

United States
of America

January 3, 2001

[[Page 48]]

EXTENSIONS OF REMARKS

THE NOTCH BABY ACT OF 2001

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, today I am again introducing legislation
to assist the over 6 million senior citizens who have been negatively
impacted by the Social Security Amendments of 1977. Seniors born
between the years of 1917 and 1926--the Notch Babies--have received
lower Social Security monthly payments than those seniors born shortly
before or after this ten year period. My legislation, the Notch Baby
Health Care Relief Act, will offset the reduction in Social Security
benefits by providing a tax credit for Medicare Part B premiums.
The approach taken in this bill is different than taken by my Notch
Baby Act of 2001 or in any other Notch bill that has been introduced.
This legislation is particularly noteworthy because it was suggested to
me by one of my constituents--adjust Medicare Part B premiums for
senior citizens born between the years 1917 and 1926, their spouses and
their widows or widowers. The bill also eliminates the Medicare Part B
premium late enrollment penalty for these individuals.
As health care expenses can take up a large portion of a senior's
retirement income, this tax credit can go a long way to both correct
the inequity caused by the Notch and to help seniors meet their health
care needs. I urge my colleagues to review the Notch Baby Health Care
Relief Act, to discuss this legislation with the seniors in their
districts, and to join me in cosponsoring this important legislation.

____________________

RE-INTRODUCTION OF THE MEDICARE UNIVERSAL PRODUCT NUMBER ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, it is my pleasure to re-introduce today a
bill that could provide a significant new tool in the battle against
Medicare waste, fraud and abuse: the Medicare Universal Product Number
Act.
In 1996, the first-ever comprehensive audit of Medicare's books
revealed that Medicare was losing more than $23 billion every year to
waste, fraud, and abuse--almost 14 percent of the program's budget.
Since that time, the Department of Health and Human Services has taken
important steps to crack down on abusive practices. By fiscal year
1999, net payment errors totaled an estimated $13.5 billion, or about 8
percent of total Medicare fee-for-service benefit payments.
While significant progress has been made, we must do more to ensure
that all Medicare funds are used for the benefit of patients. In
particular, room for improvement exists in Medicare's reimbursement for
durable medical equipment (DME). Durable medical equipment includes
supplies like catheters, wheelchairs, walkers, and ostomy supplies
needed by patients. Many Americans would undoubtedly be shocked to
learn that the Medicare program frequently pays for DME without knowing
exactly what product was supplied to the beneficiary. Under the current
system, items are grouped under broad codes. Medicare pays the average
price for all the items included in that category, no matter whether
the least or most expensive one was provided. Moreover, the coding
system does not allow government officials to determine exactly which
product under the code was supplied.
The Medicare Universal Product Number Act will empower Medicare to
know precisely what items are being supplied. This bill would require
all medical equipment paid for by Medicare to have a Universal Product
Number (UPN) very similar to the bar codes on groceries. When suppliers
submit claims for reimbursement, they will identify items by UPN.
Medicare will know exactly what equipment has been provided and
reimburse accordingly. The UPN can be an invaluable aid in tracking
down improper payments, identifying willful upcoding and fraud, and
reducing program waste.
UPNs are already used extensively by the Department of Defense,
Veterans Administration, and many private hospitals and health care
purchasing cooperatives. HCFA should recognize the utility of UPNs for
Medicare and support the passage of the Medicare Universal Product
Number Act.
I am proud to be joined in this effort by my distinguished colleague
from Corning, Representative Amo Houghton, who has a long record of
activism on health and Medicare. I would also like to note that this
legislation has the support of the American Orthotics & Prosthetics
Association, the Healthcare Electronic Data Interchange Coalition
(HEDIC), the Health Industry Distributors Association, the Health
Industry Group Purchasing Association, Invacare, the National
Association for Medical Equipment Services (NAMES), the National
Association of Wholesaler-Distributors, Premier, Inc., the Uniform Code
Council, and VHA, Inc.
Medicare program integrity is improving, but we still have a long way
to go. The current system is wasteful and vulnerable to abuse. UPNs are
a common-sense solution to make Medicare a smart health consumer for
the sake of older Americans, taxpayers, and medical equipment suppliers
alike.

____________________

INTRODUCTION OF THE SURVIVING SPOUSE FAIRNESS ACT

______

HON. MARGE ROUKEMA

of new jersey

in the house of representatives

Wednesday, January 3, 2001

Mrs. ROUKEMA. Mr. Speaker, today I talk about the Surviving Spouse
Fairness Act that I will introduce today. I propose this legislation
out of fairness and the need to make the tax code simpler to those who
have suffered the loss of a spouse.
Today's tax code pressures a surviving spouse to sell their home
within the same year that their spouse died in order to reap the full
$500,000 capital gains exclusion. After the year of death, the
surviving spouse is treated as a single person and only allowed
$250,000 exclusion.
Why should a surviving spouse incur a tax penalty on the sale of
their home just because their spouse died?
Why should a surviving spouse, who was married for decades, not be
treated the same as a married person?
My bill would allow the full $500,000 of capital gains exclusion on
the sale of the home of a widow or widower who has not remarried and
would have otherwise qualified for the exclusion if their spouse had
not died.
The Joint Committee on Taxation last year found that this bill would
cost only $43 million over five years. The small revenue loss would be
exceedingly affordable for the amount of emotional relief, justice and
tax simplification the bill would provide.
I call on my colleagues to support this important legislation.

____________________

THE BIPARTISAN COMMISSION ON SOCIAL SECURITY REFORM

______

HON. ROB PORTMAN

of ohio

in the house of representatives

Wednesday, January 3, 2001

Mr. PORTMAN. Mr. Speaker, the 2000 Report of the Social Security
Board of Trustees projects that the amount of money going out of the
Social Security Trust Fund will begin to exceed the tax dollars coming
into the system in 2015 and, as a result, the Social Security Trust
Fund will be depleted in 2037. At that time, only 72% of Social
Security benefits would be payable with incoming receipts unless
changes are made today.
The primary reason is demographic: the post-World War II baby boomers
will begin retiring in less than a decade and life expectancy is
rising. By 2025 the number of people age 65 and older is predicted to
grow by 75%. In contrast, the number of workers supporting the system
would grow by 13%.

[[Page 49]]

If there are no other surplus governmental receipts, policymakers
would have three choices: raise taxes or other income, cut spending, or
borrow the money. Mirroring this adverse outlook are public opinion
polls showing that fewer than 50% of respondents are confident that
Social Security can meet its long-term commitments. There also is a
widespread perception that Social Security may not be as good a value
in the future as it is today.
While it is accepted that Social Security reform is needed without
undue delay, there clearly is no consensus on how this should be
accomplished. This was evident by the Report of the 1994-1996 Social
Security Advisory Council, which provided three very different plans
but none of which received a majority's endorsement. It also is
reflected by the many bills introduced in the 105th and 106th Congress
and proposals by the Administration that represents a diversity of
approaches to Social Security reform. As a result of differences within
Congress and no clear direction from the outgoing Administration during
the last 8 years, there has been no movement on Social Security reform.
This state of affairs shows the need for to develop consensus
legislation between Congress and the Bush Administration that can be
enacted into law without undue delay. To accomplish this goal, Mr.
Condit and I are reintroducing a bill we offered last year to establish
a Bipartisan Commission on Social Security Reform charged with
developing a unified proposal to ensure the long-term retirement
security of Americans. It is important to note that President-elect
Bush has endorsed the concept of a bipartisan commission to pave the
way to a consensus on Social Security reform.
The Commission we propose will consist of 17 members to be appointed
by the House and Senate majority and minority leadership and the
President. The commissioners are to be individuals of recognized
standing and distinction who can represent the multiple generations who
have a stake in the viability of the Social Security system. They also
must possess a demonstrated capacity to carry out the commission's
responsibilities. At least 1 of the commissioners will represent the
interests of employees and 1 member will represent the interests of
employers.
Reforming Social Security needs to be addressed sooner, not later, to
allow for phasing in any necessary changes and for workers to adjust
their plans to take account of those changes. Further delay simply is
not acceptable, and it is my hope that we will take up the Bipartisan
Commission on Social Security Reform Act of 2001 as one of the first
pieces of business in the 107th Congress. Mr. Condit and I will be
working with the leadership and the Bush Administration to make this
goal a reality.

____________________

INTRODUCTION OF DRUG PRICE COMPETITION IN THE WHOLESALE MARKETPLACE

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, today I am introducing legislation that
will preserve drug price competition in the wholesale marketplace,
prevent the destruction of thousands of small businesses across America
and avoid a possible disruption in the national distribution of
prescription drugs to nursing homes, doctors offices, rural clinics,
veterinary practices and other pharmaceutical end users. As befitting
such legislation, I am pleased to note that this bill has cosponsors
from both political parties, a number of different committees and many
different areas of the country.
Our objective is to prevent and correct the unintended consequences
to prescription drug wholesalers of a Final Rule on the Prescription
Drug Marketing Act (PDMA) issued by the Food and Drug Administration in
December 1999. This regulation will require all wholesalers who do not
purchase drugs directly from a manufacturer to provide their customers
with a complete and very detailed history of all prior sales of the
products all the way back to the original manufacturer.
Absent such sales history, it will be illegal for wholesalers to
resell such drugs. But in a true ``Catch 22'' fashion, the regulation
does not require either the manufacturer or the wholesaler who buys
directly from the manufacturer to provide this sales history to the
subsequent wholesaler. In addition, the wholesaler who does not
purchase directly from a manufacturer has no practical way of obtaining
all the FDA required information needed to legally resell Rx drugs. The
result of this rule will be that most small wholesalers will be driven
out of business. The FDA has estimated that there are about 4,000 such
secondary wholesalers who are small businesses.
The FDA's Final Rule will also upset the competitive balance between
drug manufacturers on the one hand and wholesalers and retailers on the
other by granting the manufacturers the right to designate which
resellers are ``authorized'' and which are not, quite apart from
whether the reseller buys directly from the manufacturer or not. The
original intent of the PDMA was that wholesalers who purchase directly
from manufacturers be authorized distributors, exempt from the
requirement to provide the sales history information to their
customers. However, the FDA's regulation has separated the designation
of an authorized distributor from actual sales of product, and will
allow manufacturers to charge higher prices to wholesalers in exchange
for designating them as authorized distributors. Drug price competition
will also be significantly reduced if thousands of secondary
wholesalers are driven out of business. The result of the FDA's
regulation will be that consumers and taxpayers will pay even higher
prices for prescription drugs.
Seems to me that the FDA is protecting the drug companies at the
expense of the American public at a time when these companies must be
encouraged to lower their outrageous prices so that our seniors and
others in need can afford to pay for their medicine.
Thus, while the Congress wrestles with difficult questions regarding
drug pricing for seniors, expanded insurance coverage for prescription
drugs and the like, the PDMA Rules is a drug pricing issue that is
relatively uncomplicated, easy to solve and not expensive.
The bill would make minor changes in existing language to correct the
two problems described above. First, the bill would define an
authorized distributor as a wholesaler who purchases directly from a
manufacturer, making the definition self-implementing and removing the
unfair advantage given to the manufacturer by the regulation. Second,
the bill will add language to the statute which will greatly simplify
the detailed sales history requirement for most wholesalers. If
prescription drugs are first sold to or through an authorized
distributor, subsequent unauthorized resellers will have to provide
written certifications of this fact to their customers, but will not
have to provide the very detailed and unobtainable sales history. For
any product not first sold to or through an authorized distributor, a
reseller would have to provide the detailed and complete sales history
required by the FDA Rule. This would protect consumers against foreign
counterfeits or any drugs which did not enter the national distribution
system directly from the manufacturer, while eliminating a burdensome
and expensive paperwork requirement on thousands of small businesses
which has no real health or safety benefit in today's system of drug
distribution.
My cosponsors and I invite and encourage Members to add their names
to this bill and look forward to its prompt enactment this year. Unless
the FDA regulation is reopened and significantly modified by the
agency, overturned in court or, as I hope, corrected by this bill,
wholesalers will have to start selling off their existing inventories
as early as May because the products will be unsalable when the
regulation goes into effect in December 2001. This forced inventory
liquidation will be accompanied by an absence of new orders by
thousands of wholesalers, and the result could easily be disruptions in
the supply of prescription drugs to many providers and end users. Let
us then move quickly to fix this problem and save consumers, taxpayers
and thousands of small business men and women across the land from
higher drug prices, potential health problems due to supply
interruptions and significant economic loss and unemployment.

____________________

RE-INTRODUCTION OF THE COLLEGE STUDENT CREDIT CARD PROTECTION ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, today my colleague Representative John
Duncan and I are proud to re-introduce the College Student Credit Card
Protection Act.
I drafted this legislation in 1999 in response to a growing number of
horror stories about

[[Page 50]]

young people and credit card debt. For example, I heard from a
constituent whose stepson filed for bankruptcy at the age of 21. He was
$30,000 in credit card debt. According to a University of Indiana
administrator, we lose more students to credit card debt than to
academic failure.
Credit card companies are aggressively marketing their cards to
college students. We all receive credit card solicitations at home. In
just one year, one of my employees received a shopping bag full of
credit card solicitations. Now, magnify that number exponentially for
college students.
I remember when an unemployed student was not able to get a credit
card limit without a parent as a co-signer. Now, students are not only
targeted through the mail and by phone, but also in person through
booths set up on campus that promise a free t-shirt or mug for every
completed application. As fundraisers, student groups can earn $5 for
every application they get their friends to fill out. Most of the time,
all they require for approval is a student identification card.
The easy access to credit allows students to make costly purchases
that would not have been possible under a typical student budget.
Students then no longer make the connection between earnings and
consumption--needs and wants. Students can go from getting the card
just in case of an emergency to charging entertainment expenses such as
nights out with their friends and then to extravagances like a spring
break trip to Cancun.
While many college students are adults who are responsible for the
debt they charge, the credit card industry's policy of extending high
lines of credit to unemployed students needs to be reviewed. The
College Student Credit Card Protection Act would require the banks to
determine if a student can even afford to pay off a balance before the
companies approve a card. My bill would limit credit lines to 20
percent of a student's annual income without a cosigner. Students could
also receive a starter credit card with a lower credit limit, allowing
increases over time for prompt payments. Another provision would
eliminate the fine print in credit card agreements and solicitations,
where fees and penalties are hidden. If a parent cosigns for their
child's credit card, my bill would require the credit card company to
notify the parent in writing of any credit line increase.
So before the credit card statements with Christmas purchases arrive,
the message to credit card companies should be simple: determine if the
student can afford to pay off a balance before approving a card.

____________________

INTRODUCTION OF LEGISLATION PRESERVING THE MORTGAGE INTEREST DEDUCTION

______

HON. MARGE ROUKEMA

of new jersey

in the house of representatives

Wednesday, January 3, 2001

Mrs. ROUKEMA. Mr. Speaker, today I support the resolution preserving
the mortgage interest deduction. I introduced this resolution today and
I ask my colleagues to join me in support of this important resolution.
The mortgage interest deduction has served as one of the cornerstones
of our national housing policy for most of this century and may well be
one of the most important tax policies in America today. This incentive
has transformed this nation from one that was ill housed to the best-
housed nation in the world.
The value of home ownership to this nation is beyond measure. Home
ownership is a fundamental American ideal that promotes social and
economic benefits beyond the simple benefits that accrue to the
occupant of a home.
Homeowners are allowed to deduct the interest paid on their home
mortgage when filing their personal income tax returns. There have been
a number of attempts in recent years, however, to convince Congress to
repeal or restrict the deduction. My legislation is a resolution
expressing the ``sense of Congress'' that the deduction should be left
intact.
Mr. Speaker, I ask all my colleagues to join me in this important
resolution.

____________________

TRIBUTE TO EDWARD J. MARUSKA

______

HON. ROB PORTMAN

of ohio

in the house of representatives

Wednesday, January 3, 2001

Mr. PORTMAN. Mr. Speaker, I rise today to recognize a good friend and
distinguished constituent, Edward J. Maruska, who recently stepped down
as the long-serving Executive Director of the Cincinnati Zoo and
Botanical Garden. He will be honored on January 12, 2001, by the Board
of Trustees of the Cincinnati Zoo and Botanical Garden for his
outstanding accomplishments and steadfast work.
In 1962, Ed began his work at the Cincinnati Zoo and Botanical Garden
as General Curator. In 1968, he became the Zoo's Executive Director,
and, since then, he has worked tirelessly to make it one of the very
best in the nation.
The Zoo is known for its rare and diverse animal collection, which
includes 75 endangered species. Thanks to Ed, the Zoo now also is
recognized around the world for its state-of-the-art exhibits. Exhibits
like the outdoor primate center, Big Cat Canyon and the outdoor red
panda area are praised worldwide for their appearance and design. In
addition, the Zoo has been very successful at breeding rare and
endangered species.
Ed has written more than 20 books, articles and papers that cover a
number of zoological topics ranging from exotic cats to amphibians and
salamanders. He is also one of the world's foremost experts on
salamanders, and his research interest in the maintenance and
reproduction of amphibians has made the Zoo's research collections of
salamanders among the best in the nation.
Ed has dedicated much of his time as a member of many organizations,
including the American Association of Zoological Parks and Aquariums;
the Society for the Study of Amphibians and Reptiles; the Whooping
Crane Conservation Association; the Explorer's Club; the International
Society of Zooculturists; The Wilds; and the International Union of
Directors of Zoological Gardens.
Ed plans to maintain an office at the Zoo where he will continue his
work as a writer and on conservation efforts with a particular focus on
species extinctions. All of us in the Cincinnati area are greatful to
Ed for his vision and hard work, and we wish him well on his future
endeavors.

____________________

DEFEND THE RIGHT TO LIFE

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, today I introduce a constitutional
amendment for the protection of the right to life. Tragically, this
most basic human right has been disregarded, set aside, abused,
spurned, and sometimes altogether forgotten. Even more tragically, the
United States Government has been a willing partner in this affair, and
the sad consequence is the sacrifice of something far more important
than just principle.
One of the things that sets America apart from the rest of the world
is the fact that in this country, everyone is equal before the law.
Regardless of race, religion, or background, each person has
fundamental rights that are guaranteed by the law. However, we too
often overlook the rights of perhaps the most vulnerable among us--the
unborn. When abortion is legal and available on demand, then where are
the rights of the unborn? When abortion is sanctioned and sometimes
paid for by the government, then how do we measure the degree to which
life has been cheapened? When an innocent life is taken before its
time, then how can one say that this is justice in America?
My amendment would establish beyond a doubt the fundamental right to
life. Congress has an obligation to do what it has failed to do for so
long, fully protect the unborn. I urge this body to move forward with
this legislation to put an end to a most terrible injustice.

____________________

INTRODUCTION OF THE RESEARCH CRITICAL ON WOMEN'S HEALTH AND
ENVIRONMENTAL RESEARCH CENTERS ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, I am proud to introduce a very important
bill that will enhance scientific research analyzing the relationship
between women's health and the environment: the Women's Health
Environmental Research Centers Act. This legislation seeks to address
the current lack of initiatives specifically examining women's health
in connection with the environment.
Scientists have recently uncovered startling linkages between
environment exposures and disorders like Parkinson's Disease. These new
findings have particular significance for women. Women may be at
greater risk for disease associated to environmental exposures due to
several factors, including body fat and size, a slower metabolism of
toxic substances,

[[Page 51]]

hormone levels, and for many, more exposure to household cleaning
reagents.
The Pew Environmental Health Commission just released the results of
an 18 month study in which they found that the nation suffers from a
troubling shortage of strong leadership in environmental health. The
Pew report stressed that an understanding of environmental factors
offers the best disease prevention and cost saving opportunities. Among
the recommendations of the Pew report is the development of a
nationwide tracking network for environment toxins and disease. The
Commission is strongly urging the incoming Administration to strengthen
our public health infrastructure. During the current fiscal year,
Congress has already asked the Centers for Disease Control and
Prevention (CDC) to develop a nationwide tracking network so we can
begin to associate disease with certain environmental toxins, genetic
susceptibility and lifestyle. I was proud to lead a group of my
colleagues in writing to CDC Director Koplan to urge that this project
be undertaken quickly and given priority by the agency.
Over the past decade, evidence has accumulated linking effects of the
environment on women and reproductive health, cancer, injury, asthma,
autoimmune diseases such as rheumatoid arthritis and multiple
sclerosis, birth defects, Parkinson's Disease, mental retardation and
lead poisoning. Lead and other heavy metals found in the environment
have been implicated in increased bone loss and osteoporosis in post-
menopausal women.
Chronic diseases like those listed above account for 3 out of 4
deaths in the U.S. annually. One hundred million Americans, more than a
third of the population, suffer from some form of chronic disease. And
chronic conditions are on the rise. Rates of learning disabilities have
risen 50 percent in the last decade. Endocrine and metabolic diseases
such as diabetes and neurological diseases such as migraine headaches
and multiple sclerosis increased 20 percent between 1986 and 1995.
The New York Breast Cancer Study found that women carrying a mutant
form of a breast cancer gene are at higher risk of developing breast or
ovarian cancer if they were born after 1940, as compared to women with
the same mutant genes before 1940. This suggests that
The interaction between environmental factors and one's genes also
affect susceptibility to disease. This will be a major area of research
now that the Human Genome Project has been completed and new disease-
related genes are being found at a rapid pace.
While the scientific community has become increasingly aware of the
unique susceptibilities of women to environmental and chemical
exposures, our understanding of how these exposures contribute to the
diseases of women, and how they interact with genetic factors, is quite
negligible. It has been difficult to determine which genes are
susceptible to certain environmental toxins because of the lack of
large scale studies and centralized data collection. It is time we
looked at these possible exposures and their effects from a variety of
disciplines--oncology, microbiology, endocrinology and epidemiology.
Current scientific findings indicate that environmental factors
affect women's health. For example:
More than 8 million Americans have autoimmune diseases. Most are
several times more common in women than in men. More than 90% of
patients with Systemic Lupus Erythematosus (SLE) are women.
Studies have shown that occupational exposure to silica is related to
SLE and other diseases. These occupations include mining, pottery and
glass making, farming and construction.
Exposure to nitrous oxide (laughing gas) by women dental assistants
has been correlated to a severe decrease in fertility according to one
study.
Over 9 million working women also have serious back pain. Women are
twice as likely to endure job related injuries and illnesses than men.
Dioxin exposure is a key factor in cancers and other reproductive
health factors such as endometriosis, fertility and birth defects.
Dioxins, which include 219 different chemicals and polychlorinated
biphenyls (PCBs), have been found to disrupt human endocrine systems.
More than 70,000 synthetic chemicals are in commercial use today,
with an estimated 1000 new chemicals being introduced each year. Most
Americans would be shocked to learn that only a handful of these
chemicals have ever been adequately tested to determine their effect on
humans (full data exists for only about 7% of these chemicals).
The evidence is clear and accumulating daily that the byproducts of
our technology are linked to illness and disease and that women are
especially susceptible to these environmental health related problems.
We need research programs that are specifically targeted towards
women's health. The passage of the Women's Health Environmental
Research Centers Act is a crucial step toward establishing the valuable
and needed basic research on the interactions between women's health
and the environment.
This legislation has the strong support of a range of organizations,
including the Society for Women's Health Research, the National Women's
Health Network, the Association of Women's Health, Obstetric, and
Neonatal Nurses, and Physicians for Social Responsibility. I am proud
to have as original cosponsors two distinguished colleagues: Rep. Sue
Kelly of New York, a long-time activist on women's health issues, and
Rep. David Price, who represents the Research Triangle area of North
Carolina, where the National Institute for Environmental Health
Sciences is located.
The Women's Health Environmental Research Centers Act is a simple,
common-sense step Congress can take toward filling the current gaps in
women's health research. I urge my colleagues to cosponsor this
legislation and support its speedy passage.

____________________

YOUNGER AMERICANS ACT

______

HON. MARGE ROUKEMA

of new jersey

in the house of representatives

Wednesday, January 3, 2001

Mrs. ROUKEMA. Mr. Speaker, on December 16, 2000, in accepting his
appointment as Secretary of State, Colin Powell urged America to invest
in its youth. He said, ``We have nothing more valuable as a national
asset in anyone's country than the young people.'' Today, I rise to
introduce the Younger Americans Act, a comprehensive, coordinated,
community-based approach to youth development. This legislation, which
is based on the principles promoted by General Powell's America's
Promise group, is a major investment in the youth of this country.
Mr. Speaker, as General Powell has said, now is the time to invest in
America's youth. This effort is long overdue. Too many of our programs
for youth focus on problems after the fact. The Younger Americans Act
is intended to help our young people stay on the road to success and
survive the challenges along the way. This legislation is designed to
provide additional resources for programs that prepare youth for
adulthood. This is ``preventive medicine'' that will keep good youth
from becoming ``problem youths.''
President-elect George W. Bush has urged this Nation's leaders and
policymakers to ``leave no child behind.'' The Younger Americans Act is
a bold, new investment in America's young people, providing the
critical resources they need to develop skills, contribute to their
communities, and build a better future for themselves and the Nation.
This legislation establishes, for the first time in our Nation's
history, a comprehensive, coordinated national youth policy. The
programs developed under the legislation will follow the five core
principles of America's Promise, the organization founded by General
Colin Powell to strengthen the ``character and competence'' of
America's youth.
Ongoing relationships with caring adults--parents, mentors, tutors,
or coaches.
Safe places with structured activities during non-school hours.
Access to services that promote healthy lifestyles, including those
designed to improve physical and mental health.
Opportunities to acquire marketable skills through effective
education.
Opportunities to give back through community service and civic
participation.
Fulfilling these five promises will help prepare young people to be
the parents, workers, voters, and leaders of the future. Under the
Younger Americans Act, our national youth policy will not regard young
people as problems or only seek to prevent risky behaviors such as
delinquency, truancy, and drug abuse--as do most existing Federal
programs for youth. Rather, it will support positive youth development
efforts, creating positive goals and outcomes for all our country's
youth. It will also ensure that young people are involved in the
planning, implementation, and evaluation of efforts directed toward
youth.
One key component of the bill is that mental health screening and
services are made available to young people. Many youth who may

[[Page 52]]

be headed toward school violence or other tragedies can be helped if we
identify their early symptoms. Just today, David Satcher, Assistant
Secretary for Health and Surgeon General, released a National Action
Agenda for Children's Mental Health, in which it was found that the
Nation is facing a public crisis in mental health for children and
adolescents. According to the report, while 1 in 10 children and
adolescents suffer from mental illness severe enough to cause some
level of impairment, fewer than 1 in 5 of these children received
needed treatment. Dr. Satcher urged that ``we must educate all persons
who are involved in the care of children on how to identify early
indicators for potential mental health problems.'' In fact, a tragedy
of contemporary youth is the significant rise we have seen in suicide
rates.
According to Dr. Satcher, ``the burden of suffering by children with
mental health needs and their families has created a health crisis in
this country. Growing numbers of children are suffering needlessly
because their emotional, behavioral, and developmental needs are not
being met by the very institutions and systems that were created to
take care of them.'' This bill provides an important step in ensuring
that children with mental health needs are identified early and
provided with the services they so desperately need to help them
succeed in school and become healthy and contributing members of
society.
This bill provides resources for after-school programs, to ensure
that youth have access to positive activities that promote their
development. I was a member of the Bipartisan Working Group on Youth
Violence in the 106th Congress. The findings of this group, and
numerous studies, have indicated that charitable and community
initiatives should promote access to after-school programs during the
peak hours for youth crime of 3:00 to 6:00 p.m. Too often, children
return after school to an empty home or to the streets. An estimated 5
to 7 million ``latchkey'' children go home alone after school. Children
who are unsupervised during the after-school hours are more likely to
engage in delinquent and other high-risk behaviors, such as alcohol and
drug use. After school programs can provide safe, drug-free, supervised
and cost-effective havens for children. Quality after-school programs
can provide adult supervision of children during after-school hours,
and they can provide children with healthy alternatives to and
insulation from risk-taking and delinquent behavior. Students should be
encouraged to participate in extra-curricular school activities.
Studies have shown that a student in one after school activity is
almost 50 times less likely to commit crime.
One important aspect of the bill is the collaboration of public and
private local organizations. I am pleased that faith based
organizations have been included in the bill as collaborators in youth
development activities. These organizations have proven effective in
addressing the needs of youth and it is important that we have the
benefit of their expertise when creating youth development programs.
Finally, let me say that there is no ``one size fits all'' way to
helping our children become productive members of our society. We must
allow for an array of programs to address the variety of youth in a
variety of communities. This bill provides the flexibility necessary to
allow each community to tailor their youth development efforts to their
specific needs.
Investing wisely in children and youth by engaging them in positive
activities is more effective and much less costly than waiting until
young lives have taken a bad turn. The Younger American's Act is a
common sense approach to what should be a high national priority. Young
people are 23 percent of our population, but 100 percent of our future.
This bill will help them achieve their full potential and their
rightful place as valued--and valuable--members of their communities.
Let's make sure that ``we leave no child behind.'' General Powell has
promised to use his new role as Secretary of State to spread the
America's Promise message on the value of youth around the world. Let's
be certain that his message is heard and taken to heart in the U.S.
Congress.

____________________

MOVE SWIFTLY ON CAMPAIGN FINANCE REFORM

______

HON. STEPHEN HORN

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. HORN. Mr. Speaker, as the 107th Congress convenes today to begin
work on the nation's business, one of our first priorities must be
reform of our campaign finance laws. In each of the past two
Congresses, the House passed comprehensive legislation in this area by
substantial bipartisan majorities. In this Congress, we can and must
move swiftly to pass campaign finance legislation and assure that
comprehensive reforms become the law of the land.
Later this month, I will be joining with many of my colleagues in
cosponsoring bipartisan legislation offered by Mr. Shays of Connecticut
and Mr. Meehan of Massachusetts. The Shays-Meehan bill is genuine,
meaningful reform to prohibit the use of so-called ``soft'' money that
pollutes our campaign system with unregulated, unlimited and
unconscionable sums of money from special interests. Both major parties
have become addicted to this flood of money. By adopting the Shays-
Meehan bill, we all can just say ``No'' to soft money.
Another bill that I am cosponsoring is more limited, but no less
important. This is the ``Stand by Your Ad'' bill offered by our
colleague David Price of North Carolina to require that advertisements
put out by campaigns carry a clear and prominent statement identifying
which candidate is responsible for the ad. This simple step toward
accountability could do wonders for improving the tone of our
campaigns. I commend Mr. Price for his work on this bill and I am proud
to join him.

____________________

INTRODUCTION OF THE NOTCH BABY ACT OF 2001

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, today I introduce the Notch Baby Act of
2001, which would create a new alternative transition computation
formula for Social Security benefits for those seniors born between
1917 and 1926. These seniors, who are generally referred to as ``Notch
Babies,'' have been receiving lower monthly Social Security benefits
than seniors born the years just prior to or after this ten year
period.
There are those who dispute the existence of a Notch problem.
However, take into consideration the following example presented in a
1994 report by the Commission on Social Security Notch issue. There are
two workers who retired at the same age with the same average career
earnings. One was born on December 31, 1916 and the other was born on
January 2, 1917. Both retired in 1982 at the age of 65. The retiree
born 1917 received $110 a month less in Social Security benefits than
did the retiree born just two weeks before in 1916. Also take into
consideration that there are currently more than 6 million seniors in
our Nation who are faced with this painfully obvious inequity in the
Social Security benefit computation formula.
By phasing in an improved benefit formula over five years, the Notch
Baby Act of 2001 will restore fairness and equity in the Social
Security benefit computation formula for the Notch Babies. For once and
for all this legislation would put to rest the Notch issue, and it
would put an end to the constant barrage of mailings and fundraising
attempts, which target our Nation's seniors in the name of Notch
reform. Our seniors deserve fairness and equality in the Social
Security system. They deserve an end to the repeated Congressional
stalling on this issue. I urge my colleagues in the House to discuss
this issue with the seniors in their districts, and to join me in
ensuring that the Notch issue is addressed in the 107th Congress.

____________________

RE-INTRODUCTION OF THE SMALL COMMUNITIES ASSISTANCE ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, my colleague Representative Sherwood
Boehlert and I are proud to reintroduce the Small Communities
Assistance Act.
For years, small towns and villages have labored to satisfy
environmental regulations tailored to the needs and resources of major
cities. This bipartisan legislation would direct the U.S. Environmental
Protection Agency (EPA) to provide more help for small communities in
meeting their environmental obligations.
Larger urban areas can have an entire environmental services
department that employs

[[Page 53]]

dozens of people to interpret the EPA's complex and sometimes costly
regulations. At the same time, small communities often do not have even
one full-time employee assigned to this task. This bill will assist
small communities and give them a larger voice in drafting regulations
with a fair and balanced approach considering they do not have the
staff and financial capabilities of larger communities.
People who live in small towns are proud of their community and their
environment. They want to comply with health and environmental
standards in order to leave a healthy legacy for their children.
However, small communities need flexibility in order to comply with
environmental regulations as they seek to protect their families'
health and the local environment. One size does not fit all.
The Small Communities Assistance Act would require each EPA regional
office to establish a Small Town Ombudsman Office to advocate for small
communities. The EPA would also develop a plan to increase the
involvement of small communities in the regulatory review process so
that EPA regulations would be flexible enough to account for small town
priorities. The agency would be required to survey small communities
and establish a small community advisory committee.

____________________

AN EXCELLENT SELECTION FOR TRANSPORTATION

______

HON. STEPHEN HORN

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. HORN. Mr. Speaker, I want to commend President-elect Bush for his
nomination of Norman Mineta to be his Secretary of Transportation.
Secretary Mineta will bring great distinction to his new role, building
upon a distinguished record in this body and as Secretary of Commerce.
When I was first elected to Congress, Norm Mineta took me, a freshman
in the minority party, around Congress and helped in any way he could.
I will never forget that generosity, but it reflects the personality of
this true gentleman. Secretary Mineta has lived a life that we can all
learn from.
Growing up in California during the Second World War, I have strong
feelings on the national shame perpetrated against the Japanese-
American community during the war. I have been touched by how that
experience formed Norm, a period prominently displayed in his official
portrait that hangs in 2167 Rayburn. Instead of harboring a lifetime of
bitterness against the country that imprisoned him and his family, Norm
Mineta devoted much of his life to public service. He has helped make
this a better nation and has helped us become better Americans.
During his 21 year in this House, Norm Mineta was a leader in
transportation policy and a fair chairman of what was then called the
Committee on Public Works. He is well suited to leading the Department
of Transportation in the years to come. Congress--and this body--has
fought hard to provide our nation the funding necessary to address the
many problems facing transportation today. Norm Mineta brings with him
the intelligence, experience, and disposition to be an excellent member
of the new Administration and I look forward to working with him in the
years to come.

____________________

A BALANCED FEDERAL BUDGET

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, this afternoon I fulfill the pledge I made
to the citizens of southern Missouri to introduce and work tirelessly
to pass an amendment to the Constitution of the United States, that
requires a balanced Federal budget. Over the course of the past several
decades, fiscal irresponsibility has produced a Federal debt that is
fast approaching $5 trillion. That's trillion, with a `t,' Mr. Speaker.
A debt of $5 trillion is a mind-boggling figure, but it can be placed
in a much clearer perspective. A child born today immediately inherits
nearly $20,000 of debt, owed directly to Uncle Sam. The same is true
for every American. The era of continuing annual budget deficits must
end, and it is clear that the only way to restore conservative fiscal
values to the Nation's budget is to pass the balanced budget amendment
to the Constitution.
The stakes in this debate could not be more important. The fiscal
future of the United States hinges on the ability of Congress and the
President to make the difficult choices required to balance the Federal
budget. It's more than debating trillion dollar figures. It's about
making our economy stronger and providing every working American family
with a better chance to make ends meet. A balanced budget will
strengthen every sector of our economy with lower interest rates that
will help families stretch each paycheck further. Home mortgages,
automobiles, and a better education will become more affordable to
every working family, making the American Dream closer to reality for
all.
Mr. Speaker, I am committed to working with my colleagues in the new
Congress to see that the balanced budget constitutional amendment is
passed and sent to the States for ratification. A constitutional
amendment is certainly no substitute for direct action on the part of
the Congress. However, we have seen time and time again instances where
those who object to conservative fiscal responsibility find convenient
excuses to deny the American people a balanced budget. An unbreakable
enforcement mechanism is clearly needed to ensure that those who would
continue to spend our children's future further into debt are not able
to do so.
I also want to make plain that the Social Security trust fund has no
place in this debate. The independent trust fund is a sacred trust
between generations and must never be used to balance the budget or
hide the true size of the deficit.
Commonsense conservatives in Congress and the American people are
committed to balancing the budget. I look forward to working throughout
this session with all of my colleagues and the White House to pass the
balanced budget constitutional amendment on a bipartisan basis. The
obligations we owe to hard working American families, their children,
and our Nation's future generations deserve nothing less than decisive
action to preserve our future by balancing the budget. A constitutional
amendment will ensure this outcome.

____________________

RE-INTRODUCTION OF THE WOMEN'S RIGHT TO KNOW ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, I am proud to reintroduce the Women's
Right to Know Act in the 107th Congress. This bill ensures that so-
called ``gag rules'' upon women's access to information about
reproductive health care are not imposed by the states or the federal
government in the future.
First imposed during the Reagan and Bush Administrations by executive
order, the gag rule denied federal funds for any health care clinic
whose employees counseled, referred, or discussed terminating a
pregnancy in any way. If they did so, the clinic's funding could be
rescinded. Congressional efforts to overturn these executive orders
were vetoed.
Thankfully, President Clinton revoked the gag rule as his first order
of business in 1993. While this marked major progress towards better
health care for women on a federal level, it did not prevent individual
states from imposing statewide gag rules. Currently two states,
Missouri and Colorado, have gag rules--with Pennsylvania's state senate
having considered and narrowly defeated a similar law in May 2000. With
statewide ``gag rules'' on the rise, the threat of a federal ``gag
rule'' being reimplemented looms on the horizon.
Contrary to the predictions of many gag rule supporters, abortion
rates have not been linked to a reversal of this federal policy. In
fact, abortion facts actually declined to a twenty year low in 1997
with record drops in teen pregnancy.
Leaving the gag rule to the power of executive order is playing
Russian roulette with women's reproductive health. We must intensify
our efforts to safeguard a women's access to full reproductive options
and prevent the gag rule from ever being imposed again. For the
government to withhold information about reproductive health care in a
violation of our democratic principles and an unconscionable act
against the people it intends to serve.
The Women's Right to Know Act ensures that gag rules will not be
imposed by the states or the federal government in the future. This
legislation states that no state or federal government entity may limit
the right of any health care provider to supply, or any person to
receive, factual information about reproductive health services,
including family planning, prenatal care, adoption, or abortion.
The government has no right to interfere with private health care
decisions. I therefore urge my colleagues to support this legislation
and allow Americans to have access to complete, factual information so
that can make informed decisions about their health care.

____________________

[[Page 54]]

INTRODUCING H.R. 218, THE COMMUNITY PROTECTION ACT

______

HON. RANDY ``DUKE'' CUNNINGHAM

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. CUNNINGHAM. Mr. Speaker, today I am reintroducing my legislation
to permit qualified current and former law enforcement officers to
carry a concealed firearm in any jurisdiction. This measure is called
the Community Protection Act, and I have requested that it be assigned
the same bill number as in previous Congresses--H.R. 218.
The Community Protection Act provides three benefits to our police
and to our country.
First, it effectively provides thousands more trained cops on the
beat--at zero taxpayer cost.
Second, it enables current and former law enforcement officers to
protect themselves and their families from criminals. When a criminal
completes his or her sentence, that criminal can find where their
arresting officer lives, where their corrections officer travels, and
other information about our brave law enforcement personnel and their
families.
And, third, it helps keep our communities safer from criminals.
This measure is very similar to the H.R. 218 reported by the
Judiciary Committee in the 106th Congress.
Members and the public interested in additional background
information on the Community Protection Act, I encourage them to read
the Judiciary Committee report accompanying H.R. 218 from the 105th
Congress (H. Rept. 105-819), my testimony before the House Judiciary
Subcommittee on Crime Tuesday, July 22, 1997, or my statement from
introduction in the 106th Congress on January 6, 1999.
I urge all my colleagues to support this important common sense anti-
crime legislation.

____________________

TRIBUTE TO MARK MIODUSKI

______

HON. DAVID R. OBEY

of wisconsin

in the house of representatives

Wednesday, January 3, 2001

Mr. OBEY. Mr. Speaker, there are many people in this institution who
work tirelessly and often thanklessly in order to improve the lives of
the people we serve. Those who benefit from their work will never
recognize their faces or know their names and day after day and year
after year they produce a better country. Today, I rise to pay special
tribute to one of them. I offer my most sincere gratitude to Mark
Mioduski who has recently left the minority staff of the House
Appropriations Committee after fourteen years of distinguished service
to the federal government.
For the past five years, Mark Mioduski has been my right-hand man on
the Labor, Health and Human Services and Education Appropriations Bill.
He has applied a unique blend of technical know how from both budgetary
and parliamentary standpoints, creativity and high energy to staffing
this important bill. As many people know, the Labor, HHS bill is one of
the most difficult appropriations bills to manage and is usually one of
the last appropriations bills to pass. Mark has been instrumental in
helping to navigate and negotiate numerous high profile and tricky
issues affecting the Department of Labor, including funding for the
Occupational Safety and Health Administration (OSHA) and the National
Labor Relations Board (NLRB) and the recently published ergonomics
regulation. In fact, Mark has lived and breathed the ergonomics issue
over the last five years and knows the issue better than virtually
anyone else on Capitol Hill. In addition, Mark has made significant
contributions to a wide range of health and education issues, including
working to expand funding for health care access, for biomedical
research at the National Institutes of Health, for AIDS and emerging
infectious diseases, for Low-Income Energy Assistance, for Head Start,
for the Social Services Block Grant, and for Pell Grants for
disadvantaged students. The Departments of Health and Human Services,
Labor, and Education also owe him a debt of gratitude for his detailed
attention to their programs and appropriations requests.
Mark has spent most of his career in public service. He began his
federal service after being selected to participate in the Presidential
Management Intern Program, which is designed to attract the best and
brightest to the federal government. He then spent four years with the
Interior Department as a senior budget analyst before joining the staff
of the House Appropriations Committee. For the last decade he has
worked on the Appropriations Committee and, he has been of great
assistance to many members and their staffs. I am sure a good many of
you saw him as he wore a path to and from the Capitol often carrying
his signature workbag which was passed down to him by his father.
Mr. Speaker, I have greatly appreciated the job that Mark has done
with humility and good humor over the years. Mark has been not only an
outstanding public servant, but also he is an outstanding human being.
He cares a great deal about the well being of this country and the
people in it who rely on those of us in government to help make this a
better place for everyone, especially the most vulnerable among us. Not
many of those Americans know his name or know the countless hours he
has devoted to his job, but he can leave this institution knowing that
many, many Americans and their families have been benefitted from his
efforts.
He, like all of us, has been a public servant and he has measured up
to the meaning of that term in the fullest possible measure. America's
health care system with all its shortcomings provides more help for
more deserving Americans because he has worked here. The National
Institutes of Health are stronger and the research it oversees is
better because he has worked here. Public health programs, not just in
this country, but abroad provide more protection to millions of
children and adults because he has worked here. Worker protection
programs are better able to improve the safety and health of workers,
and working families throughout this country have been able to take
advantage of additional training and education to improve their
livelihood because he has worked here.
Mark's dedication to the Appropriations Committee and to his work has
resulted in many long hours. There were weeks on end when I am sure
that Mark did not see much of his family. Mark's departure is a great
loss for me as well as the Committee, but I hope that he will be able
to spend more time with his wife Lori Whitehand and his two young sons,
Ryan and Eric. I wish him the very best in his new endeavors and much
success in this new chapter of his career.

____________________

VOLUNTARY SCHOOL PRAYER

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, I rise today to introduce a constitutional
amendment to ensure that students can choose to pray in school.
Regrettably, the notion of the separation of church and state has been
widely misrepresented in recent years, and the government has strayed
far from the vision of America as established by the Founding Fathers.
Our Founding Fathers had the foresight and wisdom to understand that
a government cannot secure the freedom of religion if at the same time
it favors one religion over another through official actions. Their
philosophy was one of even-handed treatment of the different faiths
practiced in America, a philosophy that was at the very core of what
their new nation was to be about. Somehow, this philosophy is often
interpreted today to mean that religion has no place at all in public
life, no matter what its form. President Reagan summarized the
situation well when he remarked, ``The First Amendment of the
Constitution was not written to protect the people of this country from
religious values; it was written to protect religious values from
government tyranny.'' And this is what voluntary school prayer is
about, making sure that prayer, regardless of its denomination, is
protected.
There can be little doubt that no student should be forced to pray in
a certain fashion or be forced to pray at all. At the same time, a
student should not be prohibited from praying, just because he/she is
attending a public school. This straightforward principle is lost on
the liberal courts and high-minded bureaucrats who have systematically
eroded the right to voluntary school prayer, and it is now necessary to
correct the situation through a constitutional amendment. I urge my
colleagues to support my amendment and make a strong statement in
support of the freedom of religion.

____________________

INTRODUCTION OF THE ESTABLISHMENT OF A PERMANENT OFFICE OF VIOLENCE
AGAINST WOMEN ACT

______

HON. LOUISE McINTOSH SLAUGHTER

of new york

in the house of representatives

Wednesday, January 3, 2001

Ms. SLAUGHTER. Mr. Speaker, I am proud to join with my distinguished
colleague, Representative Connie Morella, in introducing

[[Page 55]]

the Violence Against Women Office Act. This bill would make permanent
the Violence Against Women Office within the Department of Justice.
Mr. Speaker, domestic violence is shockingly pervasive in our society
today. The National Violence Against Women Survey, released by the
National Institute of Justice and the Centers for Disease Control and
Prevention in July 2000, found that:
Domestic abuse rates remain disturbingly high. Nearly 25 percent of
women and 7.6 percent of men surveyed reported they had been raped or
physically assaulted by a current or former spouse, cohabiting partner,
or date at some point in their lifetime.
Stalking by intimates is more common than previously thought. Almost
5 percent of surveyed women and 0.6 percent of surveyed men reported
being stalked by an intimate at some point in their lifetime; 0.5
percent of surveyed women and 0.2 percent of surveyed men reported
being stalked by such a partner in the previous 12 months.
Domestic violence has major implications for public health and our
health care system. Of the estimated 4.9 million intimate partner rapes
and physical assaults perpetrated against women annually, approximately
2 million will result in an injury to the victim, and 570,457 will
result in some type of medical treatment to the victim. Of the
estimated 2.9 million intimate partner physical assaults perpetrated
against men annually, 581,391 will result in an injury to the victim,
and 124,999 will result in some type of medical treatment to the
victim.
According to these statistics, approximately 1.5 million women and
834,732 men are raped and/or physically assaulted by an intimate
partner each year in the United States. Domestic violence is nothing
less than an epidemic, and must be attacked with all the resources we
would bring to bear against a deadly disease.
We have made important progress over the past decade. One of my
proudest accomplishments in Congress was my work as a lead author of
the Violence Against Women Act. This bill, passed by Congress in 1994
and signed into law by President Clinton, has effected a sea change in
the way our nation views and addresses domestic violence. VAWA made
possible today's programs to educate judges and law enforcement
officers, support shelters for battered women and children, and collect
vital information on statistics on violence. Nevertheless, studies show
that we still have a long way to go.
The legislation I am introducing today with Representative Morella
would establish a permanent Office of Violence Against Women within the
Department of Justice. At present, this office only exists by
administrative fiat. It could be abolished or subsumed into another
part of the Department at any time. In our view, the existence of the
Office of Violence Against Women should not be subject to changing
political winds.
This legislation has the support of numerous domestic violence
organizations all over our nation. In the 106th Congress, it garnered
the support of almost 150 bipartisan cosponsors in short time.
Representative Morella and I are hopeful that the 107th Congress will
acknowledge the importance of this bill by passing it into law as soon
as possible.
Tragically, there is no indication that domestic violence will
disappear any time soon. Congress should signal its commitment to the
fight against domestic abuse by establishing a permanent Office of
Violence Against Women.

____________________

THE RE-INTRODUCTION OF THE FAITH-BASED LENDING PROTECTION ACT

______

HON. EDWARD R. ROYCE

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. ROYCE. Mr. Speaker, each day our Nation's religious institutions
quietly go about performing critical social programs that serve as
lifelines to individuals and families in need. Besides providing places
of worship, religious institutions also serve their communities by
operating outreach programs such as food banks soup kitchens, battered
family shelters, schools and AIDS hospices. To families in need, these
programs often provide a last resource of care and compassion.
Yet, in spite of the clear social good that these programs provide to
communities across America, we are faced with the growing reality that
religious institutions are finding it increasingly difficult to secure
the necessary capital resources at favorable rates that enable them to
carry on this critical community work.
Mr. Speaker, today I am re-introducing legislation that I believe
will help ensure that religious institutions have available all the
financial resources necessary to carry out their missions of community
service. The Faith-Based Lending Protection Act, which enjoys
bipartisan support, seeks to amend the Federal Credit Union Act by
clarifying that any member business loan made by a credit union to a
religious nonprofit organization will not count toward total business
lending caps imposed on credit unions by Federal law.
Each year credit unions loan millions of dollars to nonprofit
religious organizations, many located in minority and/or lower income
communities. Historically, these loans are considered safe and help
sustain critical social outreach programs. Without legislative action,
Mr. Speaker, these religious institutions will find it increasingly
difficult, if not impossible, to secure the necessary funds under
favorable terms to allow them to continue their work. I urge my
colleagues to join me in this legislative effort.

____________________

INTRODUCTION OF THE YOUNGER AMERICANS ACT

______

HON. GEORGE MILLER

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. GEORGE MILLER of California. Mr. Speaker, I am pleased today to
re-introduce, along with my colleague Mrs. Roukema, the Younger
Americans Act. Last September, we introduced this bill with our
counterparts in the Senate and a vast national coalition of supporters
including former Joint Chiefs of Staff Chairman Colin Powell and
America's Promise, the Boys & Girls Clubs of America, Big Brothers/Big
Sisters, the National Urban League, America's Promise, the Child
Welfare League of America, the United Way, the National Mental Health
Association, and others.
We knew then that we would not have enough time in the 106th Congress
to pass the legislation. But we did want to signal the strong support
of a bipartisan coalition in both the House and Senate and of a broad
array of national and grassroots organizations. I look forward now to
working with them to pass this legislation in the 107th Congress. This
is landmark legislation that will dramatically increase after-school
opportunities for youth by providing them with adult mentors,
education, sports, and volunteer activities.
As any parent or teacher knows, the best way to keep kids out of
trouble and help them learn and grow is to keep them busy and give them
opportunity. Today's bill is an historic opportunity to dramatically
expand safe and exciting programs for children and youth after school,
a time when too many kids suffer from a lack of activity and adult
supervision. A recent Urban Institute study found that one in five
young people age 6-12 are left without adult supervision after school
and before their parents come home from work, a critical period during
the day to keep youth both positively engaged and out of trouble.
Thirty-five years ago, Congress made a decision to help seniors and
passed the Older Americans Act. In doing so, Congress launched a series
of highly effective local efforts that have improved and enriched the
lives of our nation's elderly. It helped pay for senior centers, Meals
on Wheels, and community service programs like Green Thumb. For too
long, however, Congress has ignored the needs of our nation's young
people. It has failed to make the issues of young people a priority and
has failed to make an adequate investment in their development and
well-being.
Our new bill attempts to correct that oversight. Today, we seek to
repeat the success of the Older Americans Act by funding a national
network of high-quality programs tailored to the particular challenges
faced by youth today. Too often, we find that public programs for young
people focus on the problems of youth and promote piecemeal policies
that seek to redress negative behaviors like juvenile delinquency or
teen pregnancy. But the evidence shows that the most promising
approaches to helping young people are those that foster positive youth
development, build social and emotional competence, and link young
people with adult mentors. This is the future of youth social program
in the 21st century and it is an approach we seek to advance through
this legislation.
The Younger Americans Act will help coordinate and fund youth-
mentoring, community service through volunteerism, structured academic
and recreational opportunities, and other activities aimed at fostering
the positive educational and social development of teens and pre-teens.
Under the bill, the federal government would distribute funds by
formula to community boards that would oversee the planning, operation,
and evaluation of local

[[Page 56]]

programs. Funding for local programs in the initial year would be $500
million, and would rise to $2 billion in 2006, in addition to matching
funds provided by local and state governments and the private sector.
To qualify, each local program would be required to adopt a
comprehensive and coordinated system of youth programs with the
following five general components: ongoing relationships with caring
adults; safe places with structured activities; access to services that
promote healthy lifestyles, including those designed to improve
physical and mental health; opportunities to acquire marketable skills
and competencies; and, opportunities for community service and civic
participation. Thirty percent of funds would be targeted to youth
programs that address specific, urgent areas of need such as urban and
rural communities that currently lack sufficient access to positive and
constructive opportunities.
I want to thank all of the members of the coalition behind this bill
for bringing us together. I applaud their work on this legislation and
the work that they do every day in each of our local communities. I
want to express special appreciation to all of the young people from
these associations, who have rightly played such a key role in drafting
and advocating for this legislation.
Congress has enacted many worthwhile programs to help young people.
But the bill we are introducing today has a different message. Our bill
responds to the tremendous desire of young people to have the greatest
opportunity possible to be active, creative, and productive citizens in
our society, rather than receiving society's help only after they are
in trouble. Kids are asking to be given a chance to make a difference
in their own lives. We are saying that that is exactly what Congress
can and should do. I am confident we can make that happen. I look
forward to working with my colleagues to pass this legislation.

____________________

INTRODUCTION OF THE IDENTITY THEFT PREVENTION ACT

______

HON. RON PAUL

of texas

in the house of representatives

Wednesday, January 3, 2001

Mr. PAUL. Mr. Speaker, today I introduce the Identity Theft
Prevention Act. This act protects the American people from government-
mandated uniform identifiers which facilitate private crime as well as
the abuse of liberty. The major provision of the Identity Theft
Prevention Act halts the practice of using the Social Security number
as an identifier by requiring the Social Security Administration to
issue all Americans new Social Security numbers within five years after
the enactment of the bill. These new numbers will be the sole legal
property of the recipient and the Social Security Administration shall
be forbidden to divulge the numbers for any purposes not related to
Social Security Administration. Social Security numbers issued before
implementation of this bill shall no longer be considered valid federal
identifiers. Of course, the Social Security Administration shall be
able to use an individual's original Social Security number to ensure
efficient administration of the Social Security system.
Mr. Speaker, Congress has a moral responsibility to address this
problem as it was Congress which transformed the Social Security number
into a national identifier. Thanks to Congress, today no American can
get a job, open a bank account, get a professional license, or even get
a drivers' license without presenting their Social Security number. So
widespread has the use of the Social Security number become that a
member of my staff had to produce a Social Security number in order to
get a fishing license!
One of the most disturbing abuses of the Social Security number is
the congressionally-authorized rule forcing parents to get a Social
Security number for their newborn children in order to claim them as
dependents. Forcing parents to register their children with the state
is more like something out of the nightmares of George Orwell than the
dreams of a free republic which inspired this nation's founders.
Congressionally-mandated use of the Social Security number as an
identifier facilitates the horrendous crime of identity theft. Thanks
to the Congressionally-mandated use of the Social Security number as an
uniform identifier, an unscrupulous person may simply obtain someone's
Social Security number in order to access that person's bank accounts,
credit cards, and other financial assets. Many Americans have lost
their life savings and had their credit destroyed as a result of
identity theft--yet the federal government continues to encourage such
crimes by mandating use of the Social Security number as a uniform ID!
This act also forbids the federal government from creating national
ID cards or establishing any identifiers for the purpose of
investigating, monitoring, overseeing, or regulating private
transactions between American citizens, as well as repealing those
sections of the Health Insurance Portability and Accountability Act of
1996 that require the Department of Health and Human Services to
establish a uniform standard health identifier. By putting an end to
government-mandated uniform IDs, the Identity Theft Prevention Act will
prevent millions of Americans from having their liberty, property and
privacy violated by private-and-public sector criminals.
In addition to forbidding the federal government from creating
national identifiers, this legislation forbids the federal government
from blackmailing states into adopting uniform standard identifiers by
withholding federal funds. One of the most onerous practices of
Congress is the use of federal funds illegitimately taken from the
American people to bribe states into obeying federal dictates.
Mr. Speaker, of all the invasions of privacy proposed in the past
decade, perhaps the most onerous is the attempt to assign every
American a ``unique health identifier''--an identifier which could be
used to create a national database containing the medical history of
all Americans. As an OB/GYN with more than 30 years in private
practice, I know well the importance of preserving the sanctity of the
physician-patient relationship. Oftentimes, effective treatment depends
on a patient's ability to place absolute trust in his or her doctor.
What will happen to that trust when patients know that any and all
information given to their doctor will be placed in a government
accessible data base?
Many of my colleagues will claim that the federal government needs
these powers to protect against fraud or some other criminal
activities. However, monitoring the transactions of every American in
order to catch those few who are involved in some sort of illegal
activity turns one of the great bulwarks of our liberty, the
presumption of innocence, on its head. The federal government has no
right to treat all Americans as criminals by spying on their
relationship with their doctors, employers, or bankers. In fact,
criminal law enforcement is reserved to the state and local governments
by the Constitution's Tenth Amendment.
Other members of Congress will claim that the federal government
needs the power to monitor Americans in order to allow the government
to operate more efficiently. I would remind my colleagues that in a
constitutional republic the people are never asked to sacrifice their
liberties to make the job of government officials a little bit easier.
We are here to protect the freedom of the American people, not to make
privacy invasion more efficient.
Mr. Speaker, while I do not question the sincerity of those members
who suggest that Congress can ensure citizens' rights are protected
through legislation restricting access to personal information, the
only effective privacy protection is to forbid the federal government
from mandating national identifiers. Legislative ``privacy
protections'' are inadequate to protect the liberty of Americans for
several reasons. First, it is simply common sense that repealing those
federal laws that promote identity theft is more effective in
protecting the public than expanding the power of the federal police
force. Federal punishment of identity thieves provides cold comfort to
those who have suffered financial losses and the destruction of their
good reputation as a result of identity theft.
Federal laws are not only ineffective in stopping private criminals,
they have not even stopped unscrupulous government officials from
accessing personal information. Did laws purporting to restrict the use
of personal information stop the well-publicized violation of privacy
by IRS officials or the FBI abuses by the Clinton and Nixon
administrations?
Second, the federal government has been creating property interests
in private information for example, a little-noticed provision in the
Patient Protection Act established a property right for insurance
companies to access personal health are information. Congress also
authorized private individuals to receive personal information from
government databases in the copyright bill passed in 1998.
Perhaps the most outrageous example of phony privacy protection is
the Clinton Administration's so-called ``medical privacy'' proposal,
which allow medical researchers, certain business interests, and law
enforcement officials' access to health care information, in complete
disregard of the Fifth Amendment and the wishes of individual patients!
Obviously, ``privacy protection'' laws have proven greatly inadequate
to protect personal information when the government is the one
providing or seeking the information.

[[Page 57]]

The primary reason why any action short of the repeal of laws
authorizing privacy violations is insufficient is because the federal
government lacks constitutional authority to force citizens to adopt a
universal identifier for health care, employment, or any other reason.
Any federal action that oversteps constitutional limitations violates
liberty because it ratifies the principle that the federal government,
not the Constitution, is the ultimate judge of its own jurisdiction
over the people. The only effective protection of the rights of
citizens is for Congress to follow Thomas Jefferson's advice and ``bind
(the federal government) down with chains of the Constitution.''
Mr. Speaker, those members who are unpersuaded by the moral and
constitutional reasons for embracing the Identity Theft Prevention Act
should consider the overwhelming opposition of the American people
toward national identifiers. The overwhelming public opposition to the
various ``Know-Your-Customer'' schemes, the attempt to turn drivers'
licenses into National ID cards, the Clinton Administration's Medical
Privacy proposal, as well as the numerous complaints over the ever-
growing uses of the Social Security number show that American people
want Congress to stop invading their privacy. Congress risks provoking
a voter backlash if we fail to halt the growth of the surveillance
state.
In conclusion, Mr. Speaker, I once again call on my colleagues to
join me in putting an end to the federal government's unconstitutional
use of national identifiers to monitor the actions of private citizens.
National identifiers threaten all Americans by exposing them to the
threat of identity theft by private criminals and abuse of their
liberties by public criminals. In addition, national identifiers are
incompatible with a limited, constitutional government. I, therefore,
hope my colleagues will join my efforts to protect the freedom of their
constituents by supporting the Identity Theft Prevention Act.

____________________

INTRODUCTION OF THE MILITARY RETIREE HEALTH CARE TASK FORCE ACT

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, I am here today to introduce the Military
Retiree Health Care Task Force Act of 2001. This legislation will
establish a Task Force that will look into all of the health care
promises and representations made to members of the Uniformed Services
by Department of Defense personnel and Department literature. The Task
Force will submit a comprehensive report to Congress which will contain
a detailed statement of its findings and conclusions. This report will
include legislative remedies to correct the great injustices that have
occurred to those men and women who served their country in good faith.
Let us not forget why we are blessed with freedom and democracy in
this country. The sacrifices made by those who served in the military
are something that must never be overlooked. Promises were made to
those who served in the Uniformed Services. They were told that their
health care would be taken care of for life if they served a minimum of
twenty years of active federal service.
Well, those military retirees served their time and expected the
government to hold up its end of the bargain. They are now realizing
that these were nothing more than empty promises. Those who served in
the military did not let their country down in its time of need and we
should not let military retirees down in theirs. It's time military
retirees get what was promised to them and that's why I am introducing
this legislation.

____________________

HONORING JUNE PINKNEY ROSS

______

HON. NICK LAMPSON

of texas

in the house of representatives

Wednesday, January 3, 2001

Mr. LAMPSON. Mr. Speaker, today I salute and honor the indomitable
June Pinkney Ross of Galveston, Texas.
I was recently honored to have contributed to the ``Book of Letters''
being presented next week to Ms. Ross in celebration of her twenty-
seven year career as Executive Director of the Galveston County
Community Action Council.
The residents of Galveston County, particularly the disenfranchised
and the children who could not speak for themselves, have been well
served by June Ross' unselfish acts of caring, sharing, kindness and
understanding of their plight.
It is well known that June Ross will literally fight to the bitter
end for the right thing, is bluntly and sometimes frighteningly honest
about how to address the needs of the poor and does not mind sharing
her unedited opinion on any subject that is placed on the table. We who
know her and have been privileged to work with her always knew that we
could count on her to go after grants for which her agency qualified
and, once the money was received, to disburse it where it was most
needed. I have enjoyed working with June Ross and always felt that she
would make a fair assessment of any situation that she was confronted
with and react accordingly.
My one regret during our relationship is that I never got a chance to
sample her cooking. Ms. Ross' radio cooking class was quite successful
and listeners would bombard the station for her recipes. I am sure that
she approached that job with the same diligence and commitment that she
has given to the State of Texas and Galveston County throughout the
years. I want to also take this opportunity to let her know that I am
grateful for her service to our great nation as a member of the United
States Military.
Mr. Speaker, I salute June Ross for all she has done to make the
community better (United Way, one of the original founders of Hospice)
and hope she knows how much she is respected and loved.

____________________

CHIEF PHILLIP MARTIN--CHAMPION OF PEACE AND PROSPERITY

______

HON. TOM DeLAY

of texas

in the house of representatives

Wednesday, January 3, 2001

Mr. DeLAY. Mr. Speaker, I am proud to introduce to the Record the
following editorial that appears in Indian Country Today. As the piece
points out, Chief Phillip Martin of the Mississippi Band of Choctaw
Indians has for more than a quarter of a century used the free market
as a tool to better the lives of his fellow tribe members and
neighbors.
Self-reliance and not government dependency is the secret to
prosperity. But there is no need to tell Chief Martin that fact. He has
lived his life promoting the economic vitality of his people and they
have reaped the benefits of his progressive thinking. I salute Chief
Martin for all he has done to further the cause of freedom--for his
people and for our nation.

[From Indian Country Today, Dec. 27, 2000]

Mississippi Choctaws: The Benefits of Peace Chiefs

If a people are going to strive to achieve economic
prosperity, the reduction of conflict, the acceptance and
understanding of peace, is a most useful strategy. Mutual
understanding, common cause and unity of action become
possible. Little ever improves from virulent conflict and
nothing moves forward in war. Leadership with vision often
works actively to reduce conflict while putting its major
efforts toward the positive building of fair community
governance and efficient enterprises. At this moment of
shifting political climates, when the future of Native
nations is clouded by uncertainties on the national level, it
seems proper to salute a consistent peace chief, one who led
his own people from severe poverty and obscurity to sustained
prosperity and regional political prominence.
He is Phillip Martin, long-time chief of the Mississippi
Band of Choctaw Indians. A man of great perseverance, the 75-
year-old Martin has led and guided his 6,000-member Choctaw
tribe since 1959. Periodically, yet consistently reelected to
the tribe's highest office for more than 40 years, Phillip
Martin is universally credited for the success of the
Choctaw, who are well posed to enter the 21st century as a
self-determined people. While other, more conflictive tribes
have deepened their economic dependencies and allowed spirals
of violence to weaken their body politic, the Mississippi
Choctaws have built steadily for more than 30 years. A well-
entrenched tradition remembers the attitude of historical
chief, Pushmataha, who in 1811 reasoned against war with
their neighbors while Tecumseh appealed to the Choctaw
warriors to join his war parties. While he had been a great
warrior as a young man, Pushmataha opted for peace as he aged
as a chief.
While Tecumseh has come down through the history as the
greater leader, and Pushmataha is the lesser known.
Interestingly, the response of Pushmataha, who coolly
analyzed the horrible suffering war would bring, was actually
quite sophisticated and just as completely dedicated to the
preservation and survival of his people. He pointed out how
his own tribe had painstakingly worked out friendly relations
with their white neighbors. Their relations were reciprocal
and as a result, things were going well.

[[Page 58]]

To start killing their neighbors with whom they had such
relations did not seem a good idea to Pushmataha, who kept
his people out of the war and guided them for another 14
years.
Like Pushmataha, Phillip Martin came home from war to
embark in a career that would build education and civic
action and economic opportunity for his people. He was one of
those from what has been called ``the greatest generation.''
A World War II Air Force combat veteran who lost a brother in
the war, Martin served in the military until 1955. When he
returned home, his people had their pride and their language,
but little else. They were among the poorest sharecroppers in
a poor state, acutely discriminated against. They were
basically just holding on a tribal base, having come through
a very dark historical period as a people of color in a
racially polarized South. Suffering from 80 percent
unemployment, 90 percent lived in proverty and the tribe
averaged a sixth-grade education.
Appreciably, Martin returned home of sound mind and
character and applied himself to the betterment of his people
through self-sufficient enterprise. Martin led an early fight
to construct and operate the first high school on the
reservation in 1963, beginning a trend that has seen
consistent improvement in the educational level of the
reservation population. He began the planning that would lay
out a modern community infrastructure with good housing. He
pursued and constructed an industrial park and after 10 years
of chasing contracts, began a successful 20 years of economic
growth. General Motors, Ford Motor Co., Oxford Speakers and
other companies have located manufacturing plants in the
Choctaw's 80-acre industrial park, which boasts 500,000
square feet of manufacturing space.
By 1994, the year when their enterprises diversified and
accelerated with construction of a casino and entertainment
center, the nation ran a total payroll topping $84 million.
It had sound management and was ready to take on the
complexity of gaming. The nation's Chahta Enterprises is now
one of the 10 top employers in Mississippi. Its entertainment
complex receives more than 2.5 million visitors a year and
the tribe has built more than 1,000 new houses, constructed a
major hospital, schools, nursing home, shopping center and
day care center.
In what used to be the poorest county in the poorest state
in the United States, in one of the most conservative states
in the union, the Choctaws led an economic revolution. Today,
with nearly universal employment, only 2.7 percent of
household income comes from social services and this mostly
involves elderly and handicapped. The tribe's manufacturing
plants, still going strong, consistently win high qualify
awards. They employ some 8,000 people, mostly non-Natives.
Most interestingly, a stroll down the reservation's main
elementary school will reveal a lot of students speaking
fluent Choctaw.
``Tell the other tribes'' Martin says, ``we can all do
this. If you really want to do it, and get your act together,
you can do it.'' This is a generous thought, but such
progress will also require vision, and political acumen. To
Martin's credit, when the political winds turned right in
1994, he was positioned to solidify friendships with such
Republican powerhouses as Sen. Trent Lott, R-Miss.
Hiring quality lobbyists as their new wealth allowed, the
Choctaw leader persuaded a good sector of Republicans to the
righteousness of the Native nations sovereignty from
taxation. In particular, the Choctaw initiative convinced the
country's major anti-tax organization--Americans for Tax
Reform, whose 500-plus organizations network and 90,000
activists supported the Indian case as an anti-tax strategy.
Politics is the art of achieving your group's self-
interest, and it certainly makes for diverse bedfellows. But
always the proof is in the pudding. The Choctaw strategy,
precise and proper for their geopolitical context, is
pragmatically brilliant. In the hold of the old South, this
Mississippi tribe provides a welcome signal, an example of
where visionary leadership can make a huge difference to the
future of a people. An appreciation and salutation is due
Choctaw chief and statesman, Phillip Martin, visionary, quiet
building, steady helm.

____________________

TRIBUTE TO MARK TOLBERT, JR.

______

HON. KAREN McCARTHY

of missouri

in the house of representatives

Wednesday, January 3, 2001

Ms. McCARTHY of Missouri. Mr. Speaker, I rise today to pay tribute to
Mark Tolbert, Jr., a young man fatally injured in an automobile
accident December 22. Affectionately known as ``Marky,'' he was the
oldest son of Bishop Mark Tolbert, Sr. and Mrs. Emelda Tolbert, pastor
and First Lady of Christ Temple Church in Kansas City, Missouri. Marky
was taken to heaven by a ``chariot of fire'' one month past his
nineteenth birthday. Although Marky left us at a young age, he led a
remarkable and inspiring life.
He had recently completed his first semester of college at the
University of Kansas in Lawrence, majoring in Business Administration.
He was looking forward to working during the semester break at a local
sporting goods store, continuing the work ethic he developed at an
early age by working after school and during the summer.
Marky had a genuine love for people, especially children. He coached
an after school basketball team at Faxon Montessori School that went
undefeated for two years. He was a tutor at the Lee A. Tolbert
Community Academy Saturday School and by his counseling, guidance, and
initiative served as a role model to the youth of our community. With
his strong work ethic and love of God and family he was destined to
make the world a better place.
Before Marky could walk, he was involved in Christ Temple Church,
beginning by making ``joyful noises'' on the drums. He further
developed his musical talents over the years and played the keyboard at
Sunday morning services even during his first semester of college. He
helped serve the homeless during the church's annual ``Feed the
Multitude'' ministry. He was President of the New Generation Choir and
a member of the Sunday School. Marky was a founding member of the
Radical Praise Steppers, a group of youth who showed praise to their
heavenly Father through dance routines that encompassed clapping,
stepping and stomping in unison while singing praises to God. They
performed at church, district councils, national conventions and
community events.
I attended his funeral December 30 with over 800 people. So many
mourners came that the overflow of almost 300 people had to be
accommodated in the church basement to watch the service on large
screen television. Senior Pentecostal Ministers from around the country
spoke in praise of Marky's life and legacy. The eulogy was performed by
a family friend, Bishop Norman L. Wagner, President of the Pentecostal
Assemblies of the World. Bishop Wagner delivered a powerful, uplifting
sermon from the Second Book of Kings of the Bible. He compared Marky
with the prophet Elisha and ended his sermon by stating that ``God had
to send a chariot of fire to take him out.'' Those in the congregation
as well as the grieving family felt their hearts lifted from sorrow to
joy knowing that Marky's greatness would not be diminished by death.
Marky's memory will live on in all those whose lives he has touched.
His is a loss felt by his family and congregration, and the greater
Kansas City community. Marky's beacon of light may be extinguished here
on earth, but it glows brightly in heaven.
Mr. Speaker, please join me in expressing condolence to the Tolbert
family for the loss of this very special child, and to paying tribute
to the service he gave to family friends, church and community during
his 19 years on this earth.

____________________

TRIBUTE TO DON H. COX

______

HON. DUNCAN HUNTER

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. HUNTER. Mr. Speaker, I wish today to honor a distinguished public
servant from my district in Imperial County, California. Don H. Cox
retired on December 1, 2000 after serving for 12 years as a member of
the Board of Directors for the Imperial Irrigation District (IID). He
represented district 4, which includes the city of Brawley where he and
his family reside.
Don was elected to the Board in 1988 and reelected in 1992 and 1996.
He served as Board President in 1991 and 1997, and served as Vice-
President in 1990, 1995, and 1996. Don also served on the District's
Water, Budget, EPA, Geothermal, Salton Sea, Energy, and Salton Sea
Emergency study groups. He was appointed by the Governor of California
to serve as a director of the Regional Water Quality Control Board for
the Colorado River area and also served as a member/director of the
Colorado River Board of California, the IID Water Conservation Advisory
Board, California Farm Water Coalition, and the Association of
California Water Agencies' Water Rights Committee. I had the pleasure
of working closely with Don through his leadership on the Salton Sea
Authority since its inception in 1993.
Don served in the United States Navy during World War II and upon
returning from the war, earned his degree in agriculture economics from
the University of California, Berkeley. Following his studies, Don
returned to the Imperial Valley to farm with his sons, which he has
done for over 40 years. He is a past member of the Imperial Valley
Vegetable Growers Association and was involved with many cotton boards.
Despite his recent retirement, Don remains involved in the farming

[[Page 59]]

community as a newly elected member of the Board of Directors of the
Imperial County Farm Bureau.
Don has been a member of the Brawley Rotary Club for over 30 years, a
member of the Benevolent and Protective Order of Elks-Lodge #1420 for
over 40 years and a lifelong member of the Imperial Valley Navy League.
He has also served his community as a member of the Brawley Union High
School Quarterback Club.
Throughout my many years in Congress, I have valued Don's insight
into, and knowledge of, the many important issues facing the IID and
the farming community in the Imperial Valley. It is my distinct
privilege to honor my distinguished friend.

____________________

FAIRNESS AND EQUITY FOR FEDERAL RETIREES WITH PART-TIME SERVICE

______

HON. JAMES P. MORAN

of virginia

in the house of representatives

Wednesday, January 3, 2001

Mr. MORAN of Virginia. Mr. Speaker, today, I am reintroducing
legislation to correct a long-standing inequity that affects a great
number of Federal retirees in my district and throughout the Nation who
have served for a portion of their careers in a part-time capacity. I
am pleased that Mr. Davis of Virginia, Mr. Wynn, Ms. Norton, Mrs.
Morella, Mr. Wolf, and Mr. Gilman have joined me as original cosponsors
of this important legislation.
The current retirement formula for Federal workers with part-time
service was enacted by Congress in 1986 as a provision of the
Consolidated Omnibus Budget Reconciliation Act (COBRA) (P.L. 99-272).
For the most part, the reforms contained in COBRA were fair. They
ensured an equitable calculation for all employees hired after 1986 and
prevented part-time employees from gaming the system in order to
receive a disproportionately higher benefit. The 1986 reforms were
based on a procedure developed and recommended to the Congress by the
General Accounting Office (GAO). In a nutshell, the new methodology
determines the proportion of a full-time career that a part-time
employee works and scales annuities accordingly. Under the formula, a
part-time worker's salary is calculated on a full-time equivalent basis
(FTE) for retirement purposes. Thus, a worker's ``high-three salary''
could occur during a period of part-time service. This often happens
when a senior level worker cuts back on his or her hours to care for an
ill spouse or deal with other personal matters. Many of the people in
this situation are women.
The problem is that the 1986 law had unintended and often unfair
consequences for workers hired before 1986 who have some part-time
service after 1986. Specifically, according to the way the law has been
implemented by OPM, some part-time workers are not able to apply their
full-time equivalent (FTE) salary to pre-1986 employment. This
effectively limits their ability to receive the advantage of their
``high-three average'' salary for their entire careers. The reason for
this inequity can be traced to subsection (c) of Section 15204 of
COBRA. It provides that the new formula shall be effective with respect
to service performed ``on or after the date of the enactment of this
Act.''
Whether this was a drafting error, or whether OPM has taken an
unnecessarily restrictive reading of the statute is hard to determine.
What is clear is that the current practice is plainly contrary to the
intent of the Congress, which was to grandfather existing employees
into the new system and to ensure that no Federal workers would be
harmed by changes in the retirement formula.
In a letter dated February 19, 1987 to then-OPM Director Constance
Horner, the Chairman of the Committee on Post Office and Civil Service,
The Honorable William D. Ford, objected to this anomalous and unfair
result. He wrote:
As in many other instances involving benefits, Congress chose to
protect or to ``grandfather'' past service--to apply the new benefit
formula only to future service rather than previously performed service
under the older, more generous formula. This policy is often adopted to
avoid penalizing individuals through the retroactive application of
changes not anticipated by them. (As a measure of fairness, the policy
of prospectivity is often applied to benefit improvements as well.)
Notwithstanding Chairman Ford's efforts to clarify congressional
intent, this inequity has continued for 14 years. OPM has publicly
acknowledged that there is a problem with COBRA. Director Lachance
stated publicly in a letter to Chairman Fred Thompson of the Senate
Committee on Government Affairs: ``I agree that an end-of-career change
to a part-time work schedule can have an unanticipated adverse effect
on the amount of the retirement benefit.'' She also acknowledges in
that same letter that a comparable bill in the other body, S. 772
introduced by Senator Robb, ``would eliminate the potential for
anomalous computations by providing that the full time salary would be
applicable to all service regardless of when it was performed while the
proration of service credit would apply only to service after April 6,
1986 [the date of enactment].''
This is precisely what the bill we are offering today does. It allows
the retirees affected by this inequity to have their full-time
equivalent salary for their high 3 years to apply to their entire
careers, not just the portion after 1986. My bill differs from S. 772
in that it places the burden on affected retirees to request a
recalculation of benefits. This is coupled with a requirement that OPM
conduct a good faith effort to notify annuitants of their right to
obtain a recalculation. For all future retirees, benefits will be
calculated in accordance with the new formula.
This bill is identical to a measure I sponsored last year. That
legislation was cosponsored by seven members of the House and was
endorsed by the National Association of Federal Workers in July. NARFE
has made the bill a high priority.
Mr. Speaker, this is a matter of great consequence to many Americans
who devoted their most productive years to public service. Some of my
constituents have annuities that are thousands of dollars less than
they would be under my bill. As I indicated, a disproportionate share
of these retirees appears to be women, who left the federal service to
care for others.
It is particularly appropriate that we address this issue now, as
changing work-force needs and lifestyles make part-time service more
popular, both from the standpoint of the worker and the employee. Many
of the anticipated work-force shortages that are anticipated in the
federal civil service can and should be met with part-time workers. I
am concerned that they will not be so long as the anomalous and unfair
provisions of P.L. 99-272 are allowed to stand. I urge my colleagues to
join me in cosponsoring this important legislation.

____________________

PROTECT OUR FLAG

______

HON. JO ANN EMERSON

of missouri

in the house of representatives

Wednesday, January 3, 2001

Mrs. EMERSON. Mr. Speaker, today I introduce a constitutional
amendment for the protection of our nation's flag. The flag is a
revered symbol of America's great tradition of liberty and democratic
government, and it ought to be protected from acts of desecration that
diminish us all.
As you know, there have been several attempts to outlaw by statute
the desecration of the flag. Both Congress and state legislatures have
passed such measures in recent years, only to be overruled later by
decisions of the Supreme Court. It is clear that nothing short of an
amendment to the Constitution will ensure that Old Glory has the
complete and unqualified protection of the law.
The most common objection to this kind of amendment is that it unduly
infringes on the freedom of speech. However, this objection disregards
the fact that our freedoms are not practiced beyond the bounds of
common sense and reason. As is often the case, there are reasonable
exceptions to the freedom of speech, such as libel, obscenity,
trademarks, and the like. Desecration of the flag is this kind of act,
something that goes well beyond the legitimate exercising of a right.
It is a wholly disgraceful and unacceptable form of behavior, an
affront to the proud heritage and tradition of America.
Make no mistake, this constitutional amendment should be at the very
top of the agenda of this Congress. We owe it to every citizen of this
country, and particularly to those brave men and women who have stood
in harm's way so that the flag and what it stands for might endure. I
urge this body to take a strong stand for what is right and ensure the
protection of our flag.

____________________

IN HONOR OF BARBARA BASS BAKAR

______

HON. NANCY PELOSI

of california

in the house of representatives

Wednesday, January 3, 2001

Ms. PELOSI. Mr. Speaker, I rise to pay tribute to a wonderful San
Franciscan as she

[[Page 60]]

celebrates her 50th birthday. Barbara Bass Bakar is a leader in our
community whose commitment to quality health care, education, and the
performing arts has greatly benefited our city. It is my honor to
commend and thank her for her work.
Barbara has actively worked to promote better health care. Her
efforts on behalf of the University of California, San Francisco's
(UCSF) programs in the areas of cancer science and patient care have
made a difference in many people's lives. She serves on the UCSF Board
of Directors and helped to create the UCSF Foundation Wellness Lecture
Series and the Raising Hope benefit series. With her husband, Gerson,
she established the Gerson and Barbara Bass Bakar Distinguished
Professor of Cancer Biology at UCSF's Cancer Research Institute.
Barbara's commitment to education is exemplified by her contributions
to the Achievement Rewards for College Scientists (ARCF) Foundation,
Inc. She has volunteered her time for many years on the Board of
Directors of the ARCF Foundation and has been instrumental in their
success at promoting science education in the U.S. through graduate
scholarships.
In the arts community, Barbara is highly regarded for her service on
the Board of the American Conservatory Theater. She has served on the
Executive and Finance Committees of this resident professional theater.
Barbara has also donated her time to the San Francisco Museum of Modern
Art, including as a member of the Accessions Committee, and to the
endowment committee of the Jewish Community Endowment Fund.
All of Barbara's contributions to our community life are in addition
to her remarkable career in the business world. After successful
tenures with Bloomingdales, Macy's California, and Burdines, she rose
to the post of President and CEO of Emporium and Weinstocks. Prior to
that, she served as Chair and CEO of I. Magnin. She also sits on the
Board of Directors of the Bombay Company and the DFS Group Ltd. and DFS
Holdings Ltd.
San Francisco is fortunate to count Barbara Bass Bakar among its
residents as she continues to direct her considerable talents and
energies toward improving our world. It is my honor to thank her and to
join her husband, Gerson, in wishing her a Happy Birthday.

____________________

IN MEMORY OF RALPH LAIRD, JR.

______

HON. SAM FARR

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. FARR of California. Mr. Speaker, I rise today to pay tribute to a
man who affected the lives of many during his career in public
education and his community activities, Ralph Laird, Jr. Mr. Laird
passed away on October 24 in Walnut Creek, California, after a long
illness.
Ralph Laird, Jr., was born in Danville, Illinois on March 23, 1924.
He graduated from Danville High School in 1942, served in an Army unit
under the overall command of General George Patton in World War II, and
returned to the United States to attend the University of South Dakota
under the G.I. Bill. Graduating in 1949, and later receiving his
Masters Degree in Education from San Francisco State University, Mr.
Laird was the only one of his brothers and sister to receive an
education past the eighth grade.
Mr. Laird worked for nineteen years at John Swett High School in
Crockett, California. It was here that he began an incredible career in
education working as a teacher, coach, Vice Principal and, for the last
five years of his service there, as Principal. He was the coach of the
1959 championship John Swett basketball team, the first such
championship for the school in decades, and also participated in
community activities as a manager of an East Vallejo Little League
team, camp director for the Vallejo YMCA, and a father in the Indian
Guides program.
Mr. Laird was the first principal of San Dimas High School in San
Dimas, California, and later was principal of Amador High School in
Pleasanton, California. He ended his career in education as Assistant
Superintendent of the Amador School District, but remained active as a
leader in the SIRS organization and was a member of the Pleasanton
Library Board.
In his life, he was committed to helping every person rise to their
full potential. In all his school positions, he served as a mentor,
worked extra hours, supported new teachers, and stayed in touch with
many students with whom he had worked during his thirty-five years in
education. His dedication to public service in its most pure form--the
education and nurturing of our children--is an example for all of us to
strive for.
Beyond his professional life, Ralph Laird was also well known for his
ability to tell a story or a joke on almost any subject. His obituary
stated, ``He never met a pun he didn't like.'' He brightened any room
he walked into, and was the patriarch of a wonderful family. He will be
sorely missed not just by his community, but by his family--including
his wife of 54 years, Dorothy; his sons, John, James and Thomas; and
three grandchildren. All those touched by him during his life will miss
his friendship, leadership, good humor, and guidance.

____________________

REGARDING THE RESOLUTION OPPOSING THE IMPOSITION OF CRIMINAL LIABILITY
ON INTERNET SERVICE PROVIDERS BASED ON THE ACTIONS OF THEIR USERS

______

HON. DAVID DREIER

of california

in the house of representatives

Wednesday, January 3, 2001

Mr. DREIER. Mr. Speaker, as the Internet has grown in importance to
our economy and our culture, Congress has considered a succession of
bills addressing unsavory conduct on the Internet. While many of these
proposals have been well-intentioned, they have proposed widely
differing, sometimes technologically unrealistic, or unconstitutional
approaches to this important issue.
The Internet offers Americans an unprecedented avenue for
communication and commerce, changing the way we work, play, shop, and
communicate. This phenomenon, referred to by the United States Supreme
Court as the ``vast democratic fora of the Internet'' can be attributed
chiefly to the policy embraced by the House in an amendment to the
Telecommunications Act of 1996 offered by my distinguished colleagues
Chris Cox and Ron Wyden, and that I was pleased to support.
The Cox-Wyden amendment ensures that Internet service providers,
website hosts, portals, search engines, directories and others are not
burdened by the threat of civil tort liability for content created or
developed by others. This measure has provided welcome certainty and
uniformity with regard to civil tort liability on the Internet, while
in no way limiting remedies against the provider of illegal content.
However, criminal bills continue to take widely varying and often
quite different approaches to this issue. In addition, foreign nations
and courts in Europe and Asia are stepping up efforts to hold U.S.
companies liable for website content located in the United States that
is criminal under their laws, but entirely lawful under our First
Amendment. There is even a Cyber-crime Treaty that the Clinton
Administration has been negotiating with countries that are part of the
Council of Europe that could restrict Congress' ability to legislate in
this area if we do not act soon.
For these reasons, I believe that the 107th Congress must act to
preserve strong criminal penalties against criminals on the Internet,
while creating a uniform and sensible structure limiting service
providers' liability for content that third parties have stored or
placed on their systems, but that may violate some criminal law. Given
the importance of U.S. global leadership in the Internet industry, and
of keeping the Internet open so that individuals can communicate and do
business with one another, we cannot afford to cede the initiative or
authority in this important area.

____________________

ON RE-INTRODUCTION OF THE NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION AND RETALIATION ACT

______

HON. F. JAMES SENSENBRENNER, JR.

of wisconsin

in the house of representatives

Wednesday, January 3, 2001

Mr. SENSENBRENNER. Mr. Speaker, today I am making good on a promise I
made during the last days of the previous Congress. During a press
conference on October 24th last year announcing the introduction of
H.R. 5516, the Notification and Federal Employee Anti-discrimination
And Retaliation Act (the No FEAR Act) of 2000, I pledged to reintroduce
this legislation on the first day of the 107th Congress. That day has
arrived. I am pleased to introduce the No FEAR Act of 2001.
During that press conference, a spokesman for the NAACP noted the
NAACP Task Force on Federal Sector Discrimination and other civil
rights organizations are supporting this legislation. It was hailed as
the first civil rights

[[Page 61]]

legislation of the 21st Century. I would like to thank the courageous
individuals and organizations, which have spoken out on the need for
this legislation for their support.
I would also like to thank Representative Sheila Jackson-Lee and
Representative Connie Morella for their support of this bill when it
was first introduced. This year I have made some modifications to the
bill which ensure that its contents do not otherwise limit the ability
of federal employees to exercise other rights available to them under
federal law. The new draft also requires federal agencies to report
their findings to the Attorney General in addition to Congress.
Finally, the legislation makes more explicit references to
reimbursement requirements under existing law. I believe that these
changes make a good bill better.
As the Chairman of the Committee on Science during the last Congress,
I was very disturbed by allegations that EPA practices intolerance and
discrimination against its scientists and employees. For the past year,
the Committee on Science has investigated numerous charges of
retaliation and discrimination at EPA, and unfortunately they were
found to have merit.
The Committee held a hearing in March 2000, over allegations that
agency officials were intimidating EPA scientists and even harassing
private citizens who publicly voiced concerns about agency policies and
science. While investigating the complaints of several scientists, a
number of African-American and disabled employees came to the Committee
expressing similar concerns. One of those employees, Dr. Marsha
Coleman-Adebayo, won a $600,000 jury decision against EPA for
discrimination.
It further appears EPA has gone so far as to retaliate against some
of the employees and scientists that assisted the Science Committee
during our investigation. In one case, the Department of Labor found
EPA retaliated against a female scientist for, among other things, her
assistance with the Science Committee's work. The EPA reassigned this
scientist from her position as lab director at the Athens, Georgia
regional office effective November 5, 2000--a position she held for 16
years--to a position handling grants at EPA headquarters. In the
October 3 decision, the Department of Labor directed EPA to cancel the
transfer because it was based on retaliation.
EPA's response to these problems has been to claim that they have a
great diversity program. Apparently, EPA believes that if it hires the
right makeup of people, it does not matter if its managers discriminate
and harass those individuals.
Diversity is great, but in and of itself, it is not the answer.
Enforcing the laws protecting employees from harassment, discrimination
and retaliation is the answer. EPA, however, does not appear to do
this. EPA managers have not been held accountable when charges of
intolerance and discrimination are found to be true. Such
unresponsiveness by Administrator Browner and the Agency legitimizes
this indefensible behavior.
Subsequent to the hearing, other federal employees have contacted me
with information regarding their complaints of harassment and
retaliation.
Federal employees with diverse backgrounds and ideas should have no
fear of being harassed because of their ideas or the color of their
skin. This bill would ensure accountability throughout the entire
Federal Government--not just EPA. Under current law, agencies are held
harmless when they lose judgements, awards or compromise settlements in
whistleblower and discrimination cases.
The Federal Government pays such awards out of a government-wide
fund. The No FEAR Act would require agencies to pay for their misdeeds
and mismanagement out of their own budgets. The bill would also require
Federal agencies to notify employees about any applicable
discrimination and whistleblower protection laws and report to Congress
and the Attorney General on the number of discrimination and
whistleblower cases within each agency. Additionally, each agency would
have to report on the total cost of all whistleblower and
discrimination judgements or settlements involving the agency.
Federal employees and Federal scientists should have no fear that
they will be discriminated against because of their diverse views and
backgrounds. This legislation is a significant step towards achieving
this goal.

____________________

NO TO A WORLD COURT

______

HON. DOUG BEREUTER

of nebraska

in the house of representatives

Wednesday, January 3, 2001

Mr. BEREUTER. Mr. Speaker, this Member would ask his colleagues to
consider carefully and submit the following editorial from the December
30, 2000, edition of the Omaha World- Herald, entitled ``No to a World
Court'' into the Congressional Record.

[From the Omaha World-Herald, Dec. 20, 2000]

No to a World Court

America's political leaders are being wooed with a siren
song they would do well to resist. Foreign governments,
political activists and academics are sounding that song with
the aim of enticing the United States into ratifying a treaty
to create an International Criminal Court. The song goes
something like this:
Turn away from old notions. Turn away from your antiquated
allegiance to national sovereignty. Embrace a higher moral
order. Recognize that if nations are to promote true justice,
they must swallow their pride and bow to a higher authority,
a court, that will decide questions of war crimes and
genocide and see that wrongdoers receive the punishment they
deserve.
If a treaty establishing the court is approved by 60
nations, the world would finally have a permanent
international forum with the authority to prosecute
masterminds of genocide and war crimes.
It is superficially appealing. But behind the high-minded
sentiments lies an agenda hostile to U.S. interests.
Foreign governments and activists organizations have sent
strong indications that they envision the court largely as a
tool for reining in the assertion of U.S. power. Through its
ability to prosecute American officials and military people,
the court would give anti-American critics a powerful new
instrument for undermining U.S. military operations and
intimidating U.S. leaders from launching future ones.
Creation of the court would also aid its boosters in their
efforts to create a new standard for military operations, an
``enlightened'' standard that would, in effect, severely
restrict U.S. military options under threat of international
prosecution.
The eagerness of international activists to promote such
extravagant legal claims was demonstrated this year when
human rights groups tried unsuccessfully to haul NATO
officials before an international tribunal investigating war
crimes from the Yugoslav civil war. The activists claimed,
without foundation, that NATO's 1999 bombing campaign
violated international law in reckless disregard for
civilians.
That air campaign, ironically, was marked not by
callousness on the part of NATO officials but by the
extraordinary lengths to which they sought to minimize
casualties, civilian as well as military. Regrettable losses
of civilian life occurred nonetheless, fanning the criticism
of such interventions.
As if all this weren't enough, the proposed procedures for
the International Criminal Court would place it in direct
opposition to civil liberties guaranteed under the U.S.
Constitution. Proceedings before the court would allow no
trial by jury, no right to a trial without long delays, no
right of the defendant to confront witnesses, no prohibition
against extensive hearsay evidence and no appeals.
David Rivkin and Lee Casey, two American attorneys with
extensive experience in international law, note that the
court would serve as ``police, prosecutor, judge, jury and
jailer,'' with no countervailing authority to check its
power.
Rivkin and Casey also point out that trying Americans under
such conditions was precisely the sort of injustice that
Thomas Jefferson warned against in the Declaration of
Independence more than 200 years ago.
In listing the injustices committed by the British
government, the Declaration heaped particular scorn on the
way Americans had been abused by British vice-admiralty
courts. Such courts, the Declaration said, had subjected
American defendants ``to a jurisdiction foreign to our
constitution, and unacknowledged by our laws.'' The courts
denied people ``the benefits of Trial by Jury'' and involved
transporting them ``beyond Seas to be tried for pretended
offenses.''
When the U.S. Constitution was drafted in the late 1780s,
it specifically required that criminal trials be by jury and
held in the state and district where the crime was committed.
The appropriate course for the United States would be to
continue supporting international courts on an ad hoc basis,
such as the Yugoslav tribunal, to meet the needs of
particular situations. Such bodies have powers far more
modest than that of the proposed court.
A chorus of foreign governments, advocacy groups and
commentators has a far different agenda, however. They are
urging the United States to sign and ratify the treaty
creating the International Criminal Court. To hinder the
court's creation, they say, would be the opposite of
progressive.
But the siren song ought to be resisted. Otherwise, by
bowing to foolhardy legal restrictions, the United States
would be handing its clever critics the very chains with
which they would bind this country. And so we would lose some
of our ability to defend

[[Page 62]]

not only our own interests but the freedoms of others.

____________________

RECOGNIZING MRS. ANN HEIMAN OF GREELEY, COLORADO

______

HON. BOB SCHAFFER

of colorado

in the house of representatives

Wednesday, January 3, 2001

Mr. SCHAFFER. Mr. Speaker, today I wish to recognize one of my
constituents, Mrs. Ann Heiman of Greeley, Colorado. Last autumn, Mrs.
Heiman received The Daily Points of Light Award for her community
action and acts of generosity.
Mrs. Heiman's story is remarkable. A cancer survivor of 47 years, she
has never stopped in her service to her fellow citizens. Mrs. Heiman
was a founding member of the original Eastside Health Center, served on
the task force for a family assistance organization, and was a founding
board member of the Weld Food Bank--which distributes 37 tons of food
weekly to those in need. She was also one of the first board members of
A Woman's Place, a center for abused women, and she is a member of the
local board of education.
I am extremely proud of Mrs. Heiman. I am proud to recognize her as
an outstanding Coloradan. Her dedication to our western community and
her compassion for all have made an enduring difference in the lives of
her neighbors. I ask the House to join me in extending congratulations
to Mrs. Heiman of Colorado.

____________________

TRIBUTE TO MARQUETTE POLICE CHIEF SAL SARVELLO ON THE OCCASION OF HIS
RETIREMENT

______

HON. BART STUPAK

of maine

in the house of representatives

Wednesday, January 3, 2001

Mr. STUPAK. Mr. Speaker, as you and our House colleagues are aware, I
have worked since my first day in Congress to bring a broad awareness
of the needs and concerns of law enforcement officials to the floor of
this chamber. I experience the great joy of this personal mission when
I can speak, as I do today, to celebrate the career and dedication of a
law enforcement officer at the house of this retirement.
Police Chief Salvatore Sarvello joined the Marquette, Michigan,
Police Department as a patrolman in 1971, about the same time that I
was joining public safety department in the nearby community of
Escanaba. Our careers took different paths--I became a Michigan State
Trooper and eventually entered politics, while Sal worked his way up
through his department, becoming chief in 1995. Despite our different
paths, we had numerous opportunities to work together, perhaps most
significantly on the issue of methcathinone, an illegal drug that
plagued northern Michigan for several years. Production of this drug,
commonly known as CAT, took root in our area. With the help of Sal and
other investigators in the region, I was able to develop legislation--
my very first piece of federal legislation signed into law--that took
the claws out of this highly addictive substance.
Sal has always been a supporter of the COPS program, the wonderfully
ambition and successful plan to help cities, counties, townships and
other municipalities hire additional law enforcement officers. I have
worked hard in Congress to ensure this program continued to receive
funding until the goal of hiring 100,000 new officers by the 2000 was
reached, and the support grass-roots support of officers like Chief
Salvatore was essential in accomplishing this task. I worked with Sal
for the visit of Vice President Al Gore, first in 1992 as part of a
campaign swing for the Clinton-Gore ticket, and again in `94. I
appreciate and applaud his professionalism in dealing with the
complications, uncertainties and last-minute decisions associated with
a visit on short notice of a national political to a small community.
A recent article in the Marquette Mining Journal notes that Chief
Sarvello's law enforcement career actually goes back to the mid-60s,
when he served as a U.S. Air Force Security police officer in Vietnam.
This lifetime of public service, the article notes won't end with the
Chief's retirement, because he plans to remain active with the
Marquette West Rotary Club and with his parish, St. Michael's Catholic
Church.
The chief looks forward to spending more time with Joan, his wife of
34 years, and his sons, Michael and Scott. At a special gathering
Friday, the community will have a chance to wish the best to its
retiring chief. Mr. Speaker, I ask you and our colleagues to join me in
offering our thanks to this dedicated public servant, Chief Sal
Sarvello, for a job well done.

____________________

INTRODUCTION OF BILL TO AMEND CLEAR CREEK COUNTY, COLORADO, LANDS
TRANSFER ACT

______

HON. MARK UDALL

of colorado

in the house of representatives

Wednesday, January 3, 2001

Mr. UDALL of Colorado. Mr. Speaker, I am today reintroducing a bill
to provide additional time for Clear Creek County to sell certain lands
that it received from the United States under legislation passed in
1993.
Under that legislation--the Clear Creek County, Colorado, Public
Lands Transfer Act--the County took title to certain public lands with
explicit authority for their sale, subject to two basic requirements:
the County must pay to the United States any net proceeds realized
after deduction of allowable costs, as defined through agreement with
the Secretary of the Interior; and any lands not sold within 10 years
after enactment of the Transfer Act must be retained by the County.
In the last Congress, I introduced a bill to extend for an additional
ten years the period during which the County will be authorized to sell
these lands. This has been requested by the Commissioners of Clear
Creek County because it has taken longer than anticipated for the
county to implement this part of the Transfer Act. Additional time
would mean a greater likelihood that the County can sell these lands,
and thus a greater chance that the national taxpayers will benefit from
payments by the County. Last year, the House passed the time-extension
bill, but the Senate did not complete action on it.
The bill I am introducing today is almost identical to the one the
House passed last year. The only difference is that the new bill would
extend until May 19, 2015 the time for the county to sell the lands in
question--one year longer than under the previous bill. The additional
year would be provided in recognition of the additional time that will
now be required for the bill to be enacted into law.

____________________

TMJ IMPLANTS

______

HON. THOMAS G. TANCREDO

of colorado

in the house of representatives

Wednesday, January 3, 2001

Mr. TANCREDO. Mr. Speaker, in April 1999, I received a phone call and
correspondence from TMJ Implants, a company located in Golden,
Colorado, in my district, which had been having problems with the
review of its Premarket Approval Application of the TMJ Total and
Fossa-Eminence Prosthesis by the United States Food and Drug
Administration (FDA). Over the last year and a half--and delay after
delay resulting in the pulling of the implants from the market, I have
watched the process drag on, leading to the loss of millions of dollars
by the company and countless number of patients who have been put
through unnecessary pain. While I will let my submission speak for
itself, suffice it to say that I sincerely believe that most of the
frustration could have been avoided had everyone sat down and laid
everything out on the table in the spirit of what was called for under
the FDA Modernization Act. Unfortunately, the agency has been unwilling
to do so--and it seems that these problems will continue into the
foreseeable future.
Over the last year and a half, my office has received numerous
letters from physicians all across the country--from the Mayo Clinic to
the University of Maryland--each relaying to me the benefit of the
partial joint and the fact that the partial and total joint results in
immediate and dramatic decrease in pain, an increase in range of motion
and increased function. To date, there is no scientific reasoning for
the fact that the total and partial joints are not on the market. All
of this calls into question the integrity of the agency--something that
I find very disturbing.
Dr. Christensen is a true professional and a pioneer in his field and
holder of the first patents. His implants are widely accepted as
effective and safe throughout the dental and surgery community--indeed,
several of my constituents have literally had their lives changed by
the procedure.
I am convinced that the work of TMJ is based on solid, scientific
principles and the removal of the implants from the market has been and
continues to be erroneous, contrary to the Agency's earlier findings
and the statutory standard that should be applied.

[[Page 63]]

I would like to take this opportunity to submit into the Record a
copy of a letter from Mr. Roland Jankelson to the FDA urging the agency
to come to an agreement as soon as possible so that this disaster is
remedied and thousands of patients in the general public can receive
relief.

Roland Jankelson,

15 PONCE DE LEON TERRACE,

Tacoma, WA, December 28, 2000.
Mr. Les Weinstein,
U.S. Food and Drug Administration, Ombudsman, Center for
Devices and Radiological Health,
9200 Corporate Blvd., Rockville MD.

Re: TMJ Implants, Inc.

Dear Mr. Weinstein,
With reference to our phone conversation today, please note
the following comments (especially the last point, which I
hope will shape your actions in the next couple of days):
1. There is no need for another meeting with ODE. The
purposes of this meeting (as stated in the Blackwell E-mail)
are bogus--just more obfuscation and more delay. As Mike Cole
stated in his December 27, 2000 letter to Tim Ulatowski, a
copy of which you have: ``You say we must arrive at an
acceptable, consistent diagnosis criteria in order to write a
label''. I say we are already there, and have been for two
months . . . (Underlining is my emphasis).
2. There never has been any credible evidence before the
FDA of a safety problem (in over thirty plus years of use)
that would prevent the Christensen devices (total and partial
joint) from meeting the required standard of reasonable
assurance of safety. Approval was given to TMJ Concepts
device with limited data and little history. The information,
data and history given to FDA for the TMJ Implants device
exceeds many-fold, by every possible measure, the composite
of information used to approve its competitor. The
Christensen Company, its consultants and its attorneys have
responded to every issue, every hypothetical concern posed by
FDA, no matter how far-fetched these issues and concerns
were. See Mike Cole's notes attached for just a quick summary
of the Company's responses since the October Panel meeting.
As Mr. Cole states in his letter, the questions posed in the
Blackwell E-mail were addressed two months ago. Yet, for two
months, there has been no response from the Ulatowski side.
You and Mr. Ulatowski have been informed that this was a
company on the verge of financial ruin. This does not make
any difference to Mr. Ulatowski--It is not his concern, not
his focus. A man's reputation, ruined. A company financially
gutted. Patients suffering. ``Myotronics'' all over again.
How could this happen again? it has.
With respect to the meeting called for in the Blackwell E-
mail: There is no more explanation needed from the Company.
There is no more ``perspective (Blackwell's word) to share.
Just more delay.
3. Forget that Dr. Christensen faces financial ruin. Forget
that his company's resources are nearly exhausted. Every day
that goes by without FDA approval of the TMJ Implants, Inc.
total joint, and partial joint in particular, is a day that
patients suffer. The PMA record is indisputable. Physicians
and patients have uniformly made it clear that the FDA is
harming them. The FDA is on notice that physicians are
withholding needed surgery, waiting for the Christensen
devices, both total and partial joint. The physicians have
uniformly made it clear to the FDA that the TMJ Concepts,
Inc. joint is unacceptable for their patients. Others have
made it clear that without the availability of a partial
joint, patients will be subjected to surgery that
unnecessarily destroys healthy anatomy. Witholding approval
of these devices is a willful disregard by FDA of the public
health. Ulatowski does not care.
4. About five years ago, Rick Blumberg, Deputy Counsel for
Litigation, for whom I have great respect, persuaded me to
forego what would have extended FDA's involvement in the
Myotronics matter, i.e. litigation by Myotronics that would
have further publicized the already well-publicized findings
of more than two years of Congressional hearings, OIA and
IGHHS investigations. Rick assured me, and I believe he
believed, that the FDA was, indeed, changed in reaction to
the revelations of the multiple and extra-legal activities of
FDA employees intentionally directed at and intended to harm
Myotronics. BUT HE WAS WRONG! The abuse, misuse of agency
authority for the pursuit of a private agenda to harm a
targeted company, retaliation and punishment, is all repeated
against TMJ Implants, Inc., whose devices for thirty plus
years served a specialized ``salvage need'' and relieved
human suffering. Standing in the middle of these abuses: the
same Mr. Tim Ulatowski.
5. The record cries out for intervention by you and other
responsible FDA officials. Neither Susan Runner nor Tim
Ulatowski have credibility in this matter. In reviewing this
matter, you and senior FDA and OIA officials should look at a
number of issues:
(a) A phone call from Dr. Susan Runner to Dr. Christensen
days before the May 1999 Panel meeting informing Dr.
Christensen that his PMA would be disapproved, and advising
him to withdraw it.
(b) Information leaked by the FDA prior to the 1999 Panel
that TMJ Implants, Inc. devices ``were either withdrawn by
FDA or would soon be''. Remember the FDA leaking in the
Myotronics case.
(c) Treatment of TMJ Implants, Inc. PMA's with standards
different than used for its competitor, TMJ Concepts, Inc.'s
PMA: TMJ Concepts, Inc. was approved without delay in spite
of a device history covering only a few years and limited
data, compared to a device history of more that thirty years
for the Christensen devices, and much more data.
(d) Removal of the partial and total joint form the market
in spite of a 9-0 Panel approval and a need acknowledged the
FDA Panel.
(e) Allegations that Dr. Susan Runner had a conflict of
interest stemming from her past relationship with Dr. Mecuri,
TMJ Concepts, Inc. chief technical consultant--allegations
rejected by OIA without any apparent serious injury.
(f) Data and evidence covering over thirty years of use
that demonstrates a remarkable safety record. Why has this
device been held hostage?
(g) Staff's dismissal of TMJ Implants, Inc. request for the
addition of qualified experts for the October 2000 Panel.
(h) The assembly of a Panel for the October 2000 meeting
which lacked balance and qualifications. Only one certified
Oral Maxillo-Facial surgeon among five consultants. Why?
(i) Concerns about the independence of a number of October
2000 Panel members and consultants.
(j) Acknowledgement by one of the October 2000 Panel
members to Dr. Christensen prior to the Panel meeting that he
believed (knew) the Panel would recommend disapproval.
(k) Acknowledgement by the same Panel member that he knew
by the noon break in the October 2000 Panel meeting that
members intended to vote for disapproval.
(l) Acknowledgement by the same Panel member that he
believed the PMA (the TMJ Implant, Inc. partial joint) should
be approved, but that he voted for disapproval (with the
majority) because he believed he would not otherwise be
invited to another panel. So much for the idea of
independence!
(m) Questions concerning why the partial joint PMA was
subjected to a second Panel (the October 2000 Panel) after a
May 1999 Panel recommended approval 9-0 (what conditions).
(n) Questions regarding the appropriate level of micro-
management of diagnostic protocols, and pathology
indications, and why labeling provided by the company was
deemed unacceptable. On the issue of concern about improper
staff micro-management, see December 31, 2000 letter from
Roland Jankelson to Lee Weinstein.
(o) Did the Ulatowski group, particularly Susan Runner,
ignore information and misrepresent data and information
provided by the Company? Incompetence? Deliberate?
(p) Did the Ulatowski group ignore for two months the
Company's responses following the October 2000 Panel meeting
when it knew the delay threatened the financial viability of
the Company? See (1) Mile Cole notes, and (2) Mike Cole
letter to Ulatowski dated December 27, 2000.
(q) Questions about Susan Runner's independence and
objectivity. Appearances of a personal agenda to favor TMJ
Implants, Inc. competitor. Differences of standards and
treatments applied to each are indisputable. Why did it
happen?
(r) Concern about the extraordinary delay in the review
process, continuing to this date, and whether it is intended
to deliberately punish TMJ Implants, Inc. There are
similarities between this case, and a history of retaliation
by FDA employees revealed by 1995-1996 hearings of the House
Subcommittee on Oversight and Investigations.
(s) Concern about Susan Runner's competence
(qualifications, training and experience) to review these
particular devices.
(t) Questions about why the Ulatowski group has ignored the
physicians' claims of patient harm from the removal of these
devices from the market. See sample of physicians' letters.
See sample of patients' letters.
6. No more meetings, please. No more conference calls that
just provide more delay. Have Tim Ulatowski put in writing
all matters with which he is not satisfied, any standing in
the way of approval. If he cannot state it in writing, ``it
should not exist''. Have this happen on Tuesday, Ulatowski's
first day back (while he took last week away from work, Dr.
Christensen continued to ``bleed'' more money). Get this PMA
done next week. We can argue about culpability, need for
investigations and legal remedies later. I thank you in
advance for doing what needs to be done.
Sincerely,

Roland Jankelson.

____________________

SENATE COMMITTEE MEETINGS

Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference.

[[Page 64]]

This title requires all such committees to notify the Office of the
Senate Daily Digest--designated by the Rules committee--of the time,
place, and purpose of the meetings, when scheduled, and any
cancellations or changes in the meetings as they occur.
As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Thursday, January 4, 2001 may be found in the
Daily Digest of today's Record.

MEETINGS SCHEDULED

JANUARY 9
10:30 a.m.
Foreign Relations
To hold hearings on a United Nations Reform Report.
SD-419

JANUARY 16
10:30 a.m.
Foreign Relations
To hold hearings on the nomination of Colin L. Powell, to
be Secretary of State.
SH-216

JANUARY 17
10:30 a.m.
Foreign Relations
To hold hearings on the nomination of Colin L. Powell, to
be Secretary of State.
SH-216