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

Vol. 145 WASHINGTON, TUESDAY, APRIL 13, 1999 No. 50 House of Representatives The House met at 9:30 a.m. and was more open and green spaces. We have Federal agencies so local communities called to order by the Speaker pro tem- seen fundamental changes in how the can be creative in how they meet their pore (Mr. MICA). Federal Government is approaching water challenges. In this way we can f transportation once we acknowledged indeed make sure that we are spending that trying to pave our way out of con- each dollar two or three times over in DESIGNATION OF SPEAKER PRO gestion simply did not work, and just terms of total benefit, and citizen in- TEMPORE as the ISTEA legislation and the re- volvement must be part of the solution The SPEAKER pro tempore laid be- cently-enacted TEA–21 are promoting and not simply an afterthought of the fore the House the following commu- innovative approaches to transpor- decision-making process. nication from the Speaker: tation problems, I suggest that it is We have been using such an approach WASHINGTON, DC, time for us to take a new approach to in Oregon. Last November we brought April 13, 1999. how we manage water resources. It together over 300 people to deal with a I hereby appoint the Honorable JOHN L. would begin with a vision and a frame- summit on the needs of the Johnson MICA to act as Speaker pro tempore on this work for improving the way the Fed- Creek watershed, 54 square miles, to day. eral Government approaches water re- consider 45 separate plans that exist to J. DENNIS HASTERT, source problems and management deal with land use and regulatory Speaker of the House of Representatives. based on the same flexibility that we issues in this area. It was a beginning f have seen in transportation. for our efforts to deal more comprehen- MORNING HOUR DEBATES For too long, Mr. Speaker, we have sively and creatively together from the treated our watersheds and rivers as Federal level down to the local area. The SPEAKER pro tempore. Pursu- machines, costing taxpayers billions of I have suggested in this Congress ant to the order of the House of Janu- dollars as our communities continue to three additional legislative proposals. I ary 19, 1999, the Chair will now recog- face increased risks from flood, de- have already discussed on this floor ap- nize Members from lists submitted by creasing numbers of fish and growing proaches to the Federal flood control the majority and minority leaders for health risks caused by polluted rivers program. I hope ultimately we will morning hour debates. The Chair will and streams. Forty percent of our Na- have municipal watershed management alternate recognition between the par- tion’s waterways fail to meet drinking, on Federal lands; and I hope that peo- ties, with each party limited to 30 min- recreation or fish habitat needs, and ple will join with me this week in deal- utes, and each Member, except the ma- that number sadly is growing. Some ing with reforms to the National Flood jority leader, the minority leader, or urban streams and creeks and rivers Insurance Program. High-risk prop- the minority whip, limited to 5 min- are so degraded, people consider them erties for flood insurance right now utes. dead and beyond recovery. make up only 2 percent of all the na- The Chair recognizes the gentleman Yesterday, Mr. Speaker, I joined with tional flood properties, but they claim from Oregon (Mr. BLUMENAUER) for 5 the America’s Rivers program to an- 40 percent of all Federal flood insur- minutes. nounce America’s most endangered riv- ance pay-outs. Over the last 18 years, f ers of 1999, a list of 10 such threatened repetitive losses from these properties waterways and what we can do about have cost the taxpayers over $2.5 bil- WATER VISION 2000 it. Well, Congress can help right now, lion. Mr. BLUMENAUER. Mr. Speaker, and I suggest that we approach water My legislation would deny national since I was elected to Congress I have issues in this session with what I would Federal flood insurance coverage to been focusing on the issue of livable term Water Vision 2000. people who file two or more claims communities and how we create better It would, first of all, suggest that the that total more than the value of their partnerships between the Federal Gov- Federal Government deal fundamen- property. It would suggest that people ernment and our citizens. tally with watersheds. We must think who refuse to use Federal money to The livability movement is gaining more broadly and comprehensively take the precaution of flood-proofing dramatic momentum nationally as we about the missions and how they can their homes or relocating out of harm’s watch officials from the Vice Presi- work with local communities through- way would no longer be entitled to con- dent, Mr. GORE, to local city and coun- out the entire watershed cycle. tinuous Federal payment. Now is the ty commissioners champion goals for Second, we must focus on increased time that we in this Congress ought to easing traffic congestion, promoting Federal flexibility. We need more co- dedicate our efforts at every turn to urban redevelopment and creating ordination and responsiveness from make sure that the numerous local and

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

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. H1870 CONGRESSIONAL RECORD — HOUSE April 13, 1999 Federal water agencies are working being spent on other things, that is want to pass the Ed Flex legislation. comprehensively in the watershed, Mr. what this means. The President wants My hope, it will be on the President’s Speaker. to spend 38 percent of Social Security desk fairly soon. The next great advance in livability, on new government programs. Repub- The other concern that local school if my colleagues will pardon the ex- licans, of course, want to wall off the board members also share with me is pression, is to be found on the water- Social Security Trust Fund, essentially they say, as my colleagues know, front, and I call on my colleagues to putting trust back in the trust fund ‘‘You’ve increased funding at the Fed- join me in this Congress in a com- with 100 percent of Social Security for eral level by 10 percent, even while prehensive approach to a new vision of Social Security, and that is a big vic- you’ve been balancing the budget, in- water resources. tory. creasing funding for education, but if f Mr. Speaker, I also want to note that you look at how those dollars have the Republican budget sets aside al- been spent, only 70 cents of every dol- SPECIFICS OF THE REPUBLICAN most $400 billion more than the Clin- lar actually reaches the classroom. AGENDA ton-Gore budget for Medicare and So- Thirty cents is lost in the Washington The SPEAKER pro tempore. Under cial Security. bureaucracy.’’ the Speaker’s announced policy of Jan- Now our second priority in our agen- Our goal is to ensure that more dol- uary 19, 1999, the gentleman from Illi- da, of course, is lower taxes for the lars get to the classroom, with a goal nois (Mr. WELLER) is recognized during middle class, and I am one who believes of 95 cents on the dollar reaching the morning hour debates for 5 minutes. that when the tax burden for the aver- classroom, and if we compare that to Mr. WELLER. Mr. Speaker, I thought age family in Illinois is about 40 per- the current cost of delivering those I would take a few minutes to kind of cent of their income going to local, funds to our local schools, that is a 25 report on what the last couple weeks State and Federal Government for percent funding increase above and be- were like when I was back home spend- taxes, that that tax burden is too high yond what they are currently receiv- ing time with my constituents during and we need to lower the tax burden, ing. We are providing $22 billion in Fed- the district work period, conducting 15 particularly for the middle class. And eral funding for our local schools. It is town meetings, and I wanted to report when we talk about the tax burden, I just wrong that 30 cents on the dollar today on really the response to the Re- find that constituents, whether it is at currently is lost in Washington. publican agenda of good schools and the union hall or the VFW or the local Let us help our local schools. Let us low taxes and a secure retirement for Chamber of Commerce, they tell me lower the tax burden for the middle all Americans. that the Tax Code is too complicated, class. Let us secure retirement by I have the privilege of representing a requires too much paperwork, and the strengthening Medicare and Social Se- very, very diverse district, the south majority of people have to hire some- curity. side of Chicago in the south suburbs of one else to fill out the tax forms. And Cook and Will Counties as well as a lot I also point out that the tax burden is f of rural and bedroom communities, and really unfair. PUERTO RICANS—FIRST CLASS one always listens for the common con- As we work this year to lower the tax CITIZENS IN TIMES OF WAR, BUT cerns when they represent a diverse burden, I believe that our top priority SECOND CLASS CITIZENS IN district of cities, suburbs and country. should be to simplify the Tax Code, to TIMES OF PEACE During the last two weeks I got a address the unfairness in the Tax Code, pretty good response. People were very and of course we need to begin by The SPEAKER pro tempore. Under supportive of the Republican agenda of eliminating the marriage tax penalty. the Speaker’s announced policy of Jan- strengthening our local schools, of low- Is it right, is it fair that 21 million uary 19, 1999, the gentleman from Puer- ering the tax burden for the middle married working couples on average to Rico (Mr. ROMERO-BARCELO´ ) is rec- class, of making for a secure retire- pay $1,400 more in higher taxes just be- ognized during morning hour debates ment for all Americans by strength- cause they are married, $1,400 more for 5 minutes. ´ ening Medicare and Social Security. than an identical couple living to- Mr. ROMERO-BARCELO. Mr. Speak- I would like to take a few minutes gether outside a marriage? That is er, as we return to our offices from our just to talk about some of those spe- wrong, that our Tax Code punishes 2-week Easter recess, many important cifics of our Republican agenda, and of marriage. issues claim our immediate attention, course let me begin with the Repub- The Marriage Tax Elimination Act not the least of which is the crisis in lican efforts to strengthen Social Secu- has 230 cosponsors. Let us get it done Kosovo. The matter is further com- rity and to strengthen Medicare for the this year. Let us simplify the Tax Code plicated by our concerns about the next three generations. and eliminate the marriage tax pen- three American soldiers being held Mr. Speaker, I am often asked a com- alty. prisoners by the Serbian government. mon question over the last several Of course the Republican agenda, a Our prayers are with them and with years that I have had the privilege of secure retirement and lower taxes also their families at this critical period. being in the Congress, and that ques- includes strengthening our local Throughout our Nation’s history it tion is: When are you politicians in schools, and we want to strengthen our has been demonstrated that our com- Washington going to stop raiding the local schools by empowering our local mitment to democratic values and se- Social Security Trust Fund? I was school boards and our local teachers curing peace and stability throughout pleased to tell my constituents that and our local parents to run their the world has in many instances re- this is the year we are going to do that. schools and giving them the flexibility, quired the mobilization of our armed This is the year we are going to wall of course, to meet the needs of local forces for the common good. During off the Social Security Trust fund and communities, and that is an important this century, in our dedication to peace say, ‘‘Hands off,’’ and my constituents shift because previously for 30 to 40 and harmony amongst all people, we frankly were pretty shocked when they years all the power was moving to have opposed the forces of genocide and learned that the Clinton-Gore budget Washington. And I talk with local the inhumanity and cruelty of those actually raids the Social Security trust school administrators and school board who aim to ethnically cleanse a popu- fund by $351 billion. members. They tell me maybe in Illi- lation, and this time it is not any dif- I think it is important to note that nois 6 percent of our public schools’ ferent. The NATO allies stand firmly when we compare Republican efforts to budget comes from Washington, but so behind the aim to secure peace in the wall off the Social Security Trust does two-thirds of the paperwork and Yugoslavia region. Fund, which means 100 percent of So- almost 100 percent of the mandates, And now in this endeavor, just like cial Security according to this chart micromanaging how our schools are we have in every other armed conflict for Social Security versus the Clinton- run. throughout the century, the American Gore proposal for 62 percent of the So- We want to let local schools run citizens that reside in Puerto Rico cial Security Trust Fund going to So- themselves and meet the needs of their stand shoulder-to-shoulder with their cial Security and the other 38 percent local communities, and that is why we fellow American citizens from every April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1871 other State, ready and willing to con- Puerto Ricans are first-class citizens worker taxes to pay current retiree tribute in any way possible to the es- in times of war, but second-class citi- benefits is a problem. tablishment of justice and freedom. Be- zens in times of peace. That is un- In 1950, there were 17 people working, cause we are proud to enjoy the free- American. paying in their Social Security taxes doms that our Nation stands for, we f that was immediately sent out to bene- have been willing to accept the respon- ficiaries. 17 to 1. This year there are sibilities and sacrifices that are de- THE SOLVENCY OF SOCIAL three workers paying in their Social manded. The discharge of this impor- SECURITY Security tax for every one retiree, and tant trust is what patriotism is all The SPEAKER pro tempore (Mr. the estimate is that by 2030 there will about. MICA). Under the Speaker’s announced be only two workers trying to come up Inherent in this quest for freedom is policy of January 19, 1999, the gen- with enough to support their families the belief in equality. Only as equals tleman from Michigan (Mr. SMITH) is and one retiree. So there has to be can we join in the common quest. recognized during morning hour de- some structural changes in the way the b 0945 bates for 5 minutes. Social Security system works. Mr. SMITH of Michigan. Mr. Speak- It is a tough decision, and that is Our Nation’s first elected leader, er, I come before the Chamber this why politicians have not dealt with it. President George Washington, said it morning to talk about an important There are only two ways to save Social best when he wrote that ‘‘the spirit of item for this country, and that is the Security. That is, either reduce bene- freedom beats too high in us to submit solvency of Social Security. fits or increase the amount of revenue to slavery.’’ I have been in Congress 6 years. When President Washington’s message to coming in. One way to increase revenue I first came to Congress in the 103rd the Senate and the House of Represent- is private investment. However, that Congress, and subsequently in the 104th atives of January 8, 1790, underscored by itself will not fix Social Security. Congress, 105th Congress, I have intro- this guiding belief in equality. He said, Let us hope, Mr. Speaker, that we duced legislation that would keep So- and I quote, ‘‘The welfare of our coun- have the gumption, the fortitude, the cial Security solvent. try is the object to which our cares and willingness to step up to the plate to This year, I am chairman of a bipar- efforts are to be directed. And I shall make the hard decisions in order to tisan Budget Committee Task Force on derive great satisfaction from a co- save Social Security. Let us hope that Social Security. The problem of sol- operation with you, in the pleasing the American people are willing to though arduous task of ensuring to our vency justifies a few minutes of review learn about the complicated ways So- fellow citizens the blessings which they and comment. cial Security is financed and to encour- Most workers today look forward to have a right to expect from a free, effi- age their representatives in Congress cient and equal government.’’ some kind of Social Security when we to move ahead. Let us be clear that What is difficult to understand is retire based on the fact that most of us even though using the Social Security how, despite our Nation’s adoption of now pay 12.4 percent out of every dollar surplus to pay down the public debt is equality as one of the guiding prin- we earn as a Social Security tax. Most better public policy than using the ciples of our democracy, we, the Amer- workers anticipate that there is going money to finance more government ican citizens who reside in the terri- to be some return on that kind of con- spending, it does not save Social Secu- tory of Puerto Rico, are not only de- tribution to the Social Security sys- rity. nied the right to participate as equals tem. f in the democratic process but also de- However, we were told back in 1993 by the Congressional Budget Office, LET US KEEP MEDICARE A nied participation in the safety net SUCCESSFUL PUBLIC PROGRAM programs that all other Americans and by the President’s Office of Man- enjoy in the 50 States. Despite our agement and Budget, that Social Secu- The SPEAKER pro tempore. Under common vision throughout the cen- rity would be going broke. the Speaker’s announced policy of Jan- tury, despite the 197,000 Americans Now, in the last several months, we uary 19, 1999, the gentleman from Ohio from Puerto Rico who have heard the have been hearing from both sides of (Mr. BROWN) is recognized during morn- call to defend democracy, and despite the aisle, the Democrats and the Re- ing hour debates for 5 minutes. the thousands who willingly paid the publicans, that paying down the public Mr. BROWN of Ohio. Mr. Speaker, we price of patriotism and sacrificed their debt with some of the Social Security received good news 2 weeks ago when own lives, 4 million American citizens surplus would somehow save Social Se- the Medicare and Social Security are denied the benefits that all others curity. Not so. Not so, Mr. Speaker. trustees reported that both programs in the Nation take for granted. It is good and it is historic that for will be solvent significantly longer Senator MOYNIHAN told us a decade the first time in recent history we will than projected. For Medicare, the ago that when people fight for a coun- not be using the Social Security sur- trustees reported that the Medicare try, they get a claim on that country. plus for other government spending trust fund will remain solvent through His words ring as true today as they programs. So when some have bragged at least 2015. were then. We have been equals during about having a balanced budget in the Those in Congress, the think tanks times of war and death, and we aspire past, they have been misleading. It has and the Washington pundits who want to be equals in time of peace, pros- been somewhat of a hoodwinking of the to privatize Medicare are wringing perity and in life. American public, because we have de- their hands over the trustees’ latest re- Mr. Speaker, I want to encourage my pended all these years on the surplus port. They believe these new projec- colleagues to remember at this critical coming in from Social Security to tions will lead Congress to do nothing time that separate and unequal policies mask the deficit. towards reforming Social Security and that promote unfairness and discrimi- The good news is that this year, for Medicare. nation have no place in our Nation. By the first time in many, many years, we Once again, Medicare privatizers are virtue of living in a territory, Amer- will not be spending that Social Secu- wrong. The real threat to Medicare is ican citizens are denied equality that is rity trust fund surplus. Now we have not its alleged pending bankruptcy. inherent in the American system of got to have the intestinal fortitude, we The real threat to Medicare is a legis- government. This denial betrays our have got to have the willingness, to lative proposal just rejected by the Na- democracy and the men and women face the tough problem of saving Social tional Bipartisan Commission on the who valiantly defend it. Security and Medicare. That means a Future of Medicare which would have What is more, let us remember that restructuring of the program. privatized Medicare and delivered it to even though our troops face danger Generally, Mr. Speaker, the problem the private insurance market. equally, they are not all equal citizens is based on demographics. There are Under a proposal soon to be intro- because not all of them enjoy the same more and more retirees in relation to duced called ‘‘premium support,’’ Medi- participation in the health and edu- the number of workers paying in those care would no longer pay directly for cation programs that benefit all other taxes. Let me just give you a quick ex- health care services. Instead, it would Americans. ample of why depending on current provide each senior with a voucher H1872 CONGRESSIONAL RECORD — HOUSE April 13, 1999 good for part of the premium for pri- private insurers can serve two masters, tion’s classrooms and make significant vate coverage. Medicare beneficiaries the bottom line and the common good. contributions to the lives of our stu- could use this voucher to buy into the Logically, always looking to the bot- dents. fee-for-service plan sponsored by the tom line, our system of private insur- b 1000 Federal Government or to join a pri- ance has left 43 million uninsured indi- vate plan. viduals in the United States. If the pri- These military personnel turned To encourage consumer price sensi- vate insurance industry cannot figure teachers have established a solid rep- utation as educators who bring unique tivity, the voucher would track to the out how to cover these people, most of real-world experiences to the class- lowest cost private plan; Medicare whom are middle-income workers and room. They are dedicated, mature, and privatizers tell us that seniors could children, how will they treat high-risk, experienced individuals who have prov- then shop for the plan that best suits high-cost seniors? en to be effective teachers, as well as their needs, paying the balance of the If we privatize Medicare, we are tell- excellent role models. They are also premium and extra if they want higher ing America that not all seniors de- helping fill a void felt in many public quality care. The proposal would create serve the same level of quality health school districts. Over three-quarters of a new, private system of health cov- care. We are betting on a private insur- the Troops to Teachers participants erage but it would abandon Medicare’s ance system that puts its own interests are male, compared with about 25 per- fundamental principle of egali- ahead of health care quality and a cent in the overall public school sys- tarianism. balanced Federal budget. tem, and over 30 percent of these teach- Today, the Medicare program is in- The Medicare Commission wisely dis- ers belong to a minority racial ethnic come-blind. All seniors have access to banded without delivering a final prod- group. the same level of care. The idea that uct. Premium support proponents must In addition, a large portion of these vouchers would empower seniors to realize that they cannot make Medi- teachers are trained in math, science, choose a health plan that best suits care privatization look like an equi- and engineering, and about half elect their needs is simply, Mr. Speaker, a table, fair alternative to the public to teach in inner city or rural schools. myth. The reality is that seniors will program upon which 36 million seniors Overall, the retention of these teachers be forced to accept whatever plan they in this country depend. Premium sup- is much higher than the national aver- can afford. port backers also have repeatedly tried age. The goal of the Medicare Commission to scare America’s seniors by pre- Not surprisingly, Troops to Teachers was to ensure the program’s long-term dicting that Medicare will go bankrupt. is winning glowing reviews from edu- solvency. This proposal will not do Congress would not let Medicare go cational administrators, teachers and that. Supporters of the voucher plan bankrupt any more than it would let legislators. Education Secretary Rich- say it would shave 1 percent per year the Department of Defense run out of ard Riley praised the program as an from the Medicare budget over the next money. new model for recruiting high quality few decades. That is still not enough to The goal is simple. Let us keep Medi- teachers. prevent insolvency, and it is based care the successful public program it School principals and superintend- frankly on overly optimistic projec- has always been. ents who have employed Troops to tions of private sector performance. f Teachers participants are overwhelm- Bruce Vladeck, a former administrator ingly supportive of the program. In a of the Medicare program and a com- TROOPS TO TEACHERS PROGRAM 1995–1996 survey, over 75 percent of the mission member, doubted the commis- IMPROVEMENT ACT OF 1999 principals and superintendents rated sion plan would save the government The SPEAKER pro tempore. Under Troops to Teachers participants as even a dime. the Speaker’s announced policy of Jan- above average or higher. Efforts to privatize Medicare are, of uary 19, 1999, the gentleman from Colo- The authorization of this successful course, nothing new. Medicare bene- rado (Mr. HEFLEY) is recognized during program is set to expire at the end of ficiaries have long been able to enroll morning hour debates for 5 minutes. this year. My colleagues and I have in- in private managed care plans. Their Mr. HEFLEY. Mr. Speaker, I am in- troduced the Troops to Teachers Pro- experience, however, does not bode well troducing the Troops to Teachers Pro- gram Improvement Act in an effort to for a full-fledged privatization effort. gram Improvement Act of 1999. This reauthorize the program and strength- These managed care plans are already legislation will enable retiring mili- en some aspects of it so it operates calling for higher government pay- tary personnel to find rewarding sec- more efficiently and more effectively, ments. They are dropping out of un- ond careers as teachers in our Nation’s and targets the educational needs of our students. profitable markets and they are cut- public schools. As we all know, our schools and stu- I hope my House colleagues will join ting back on benefits to America’s el- me in preserving this education success dents are in desperate need of more derly. story by cosponsoring the Troops to Managed care plans are profit driven high-quality teachers. This bill, which Teachers Program Improvement Act. and they do not tough it out when I am introducing with the support of f those profits are unrealized. We learned my colleagues, the gentleman from this lesson the hard way last year when Texas (Mr. EDWARDS), the gentleman INDIA MISSILE TEST SHOULD BE 96 Medicare HMOs deserted more than from California (Mr. GALLEGLY) and SEEN IN CONTEXT OF CHINESE 400,000 Medicare beneficiaries, includ- the gentleman from Indiana (Mr. HILL), THREAT ing in Lorain and Trumbull Counties, will help provide those teachers. This The SPEAKER pro tempore (Mr. Ohio, because the HMOs did not meet bill not only reauthorizes Troops to MICA). Under the Speaker’s announced their profit objectives. Teachers, but also strengthens and im- policy of January 19, 1999, the gen- Before the Medicare program was proves the enormously successful pro- tleman from New Jersey (Mr. PALLONE) launched in 1965, more than half the gram. is recognized during morning hour de- Nation’s seniors were uninsured. Pri- Troops to Teachers was created in bates for 5 minutes. vate insurance was the only option for 1994 to assist military personnel who Mr. PALLONE. Mr. Speaker, in light the elderly, but insurers did not want were affected by military downsizing of India’s test launch of the Agni mis- seniors to join their plans because they find second careers in which they could sile on Sunday, I want to state today knew that seniors would actually use utilize their knowledge, professional or stress today that the U.S. should most of their coverage. The private in- skills and expertise in our Nation’s look at India’s action in light of Chi- surance market has changed consider- schools. The program offers counseling na’s threat to the Indian subcontinent. ably since then, but it still avoids high and assistance to help participants We should view this step by India in risk enrollees and, whenever possible, identify teacher certification programs the context of the ongoing threat posed dodges the bill for high-cost medical and employment opportunities. by China, and the fact that Pakistan’s services. Since its authorization in 1994, missile development program has de- The problem is not necessarily mal- Troops to Teachers has helped over veloped so quickly because of Chinese ice or greed. It is the expectation that 3,000 active duty soldiers enter our Na- support. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1873 The weekend’s developments further stood. Even if the current climate for disagreed and felt that matters that demonstrate the need for a U.S. policy partnership is not ideal, at least we could have been handled by the courts with regard to South Asia that turns should stop seeing India as a threat. were the responsibility of this body to away from the current stance of con- In particular, India has legitimate take on the highest act that this body frontation with India and towards rec- concerns about China’s support for could take in the impeachment of a ognition of India’s legitimate security Pakistan’s nuclear and missile pro- president. needs. We should have increased con- grams. A Rand study published last I am very happy, however, that the sideration for the prospects of greater year indicated that technical help from people of the United States saw the Indo-U.S. cooperation in responding to China, as well as North Korea, is re- facts of this situation, and that this in- the threats posed by China. sponsible for the accelerated develop- dividual, the President of the United Mr. Speaker, last week’s visit by the ment of Pakistan’s missile program. In States, was not impeached, or was not Chinese premier to Washington also addition, China invaded India in 1962, convicted of these particular acts. raised important questions about how and continues to have designs on In- With that, let me also bring to the China, a potential adversary, and dian territory. Since the U.S. should attention of this body the need to move India, a potential partner threatened also view China as a potential adver- forward with the confirmation of the by China, are treated in terms of U.S. sary, there is a growing convergence of Assistant Attorney General for Civil policy. American and Indian objectives for re- Rights, Bill Lann Lee. This gentleman Last week official Washington wit- sponding to China. has served in this position for almost 2 nessed the arrival of Premier Zhu with Mr. Speaker, in a previous statement years as the Acting Attorney General. fanfare and ceremony at the White on the Floor of the House of Represent- Yet, it has not been seen fit to confirm House, suggesting the visit of an inter- atives in February I said that the U.S. him by the other body. national leader who was a trusted should pay attention to the emerging He has worked tirelessly and within the laws of the land. He is an out- friend and partner. But during the pre- notion of minimum deterrence in the standing civil rights attorney. He is a mier’s visit, as with other high level Indian subcontinent, combined with a first generation Asian American. He meetings between the United States declared policy of no first use of nu- has worked in the civil rights area for and China, we kept hearing of the need clear weapons. some 23 years. He has spent his time for engagement, despite the fact that I have always believed that our goal with his nose to the grindstone. He has China has a terrible human rights should be to make India a partner in in fact worked very hard, but he has record and has actually stepped up the the American foreign policy goal of not worked viciously, or with vindic- pressure on dissidents; despite the fact minimizing the threat of nuclear war. tiveness. that China threatens her neighbors, in- One way of accomplishing this is to take the long overdue step of accepting I have seen him work in my district, cluding Taiwan, and provides missile India as a permanent member of the coming to Houston and joining me in a technology to unstable regimes like U.N. Security Council. While I recog- town hall meeting on hate crimes after Pakistan; and despite, and I stress nize there is opposition to this step, we the death of James Barrett, Junior. He again, despite the growing evidence of must find ways to make India a part- has also worked with cases like the Chinese espionage of American nuclear ner for peace for purposes of con- shooting death of Pedro Oregon, so he weapons secrets. fidence-building, and also avoiding the is concerned about law enforcement, Yet, at the same time, when it comes dangers of isolation. but he is also concerned about justice, to our relations with the world’s larg- f as well. est democracy, that is India, we keep Mr. Lann Lee is someone who brings that country at arm’s length, ever THE VINDICATION OF SUSAN the kind of practical experience and wary of their intentions and motives. MCDOUGAL AND THE CONFIRMA- leadership to the Justice Department If pure economics were the only con- TION OF BILL LANN LEE that is needed. He has maintained a sideration, our policy double standard The SPEAKER pro tempore. Under sense of dignity, and realizes that, al- with the two Asian giants still would the Speaker’s announced policy of Jan- though when we talk about civil rights not make any sense, in my opinion, Mr. uary 19, 1999, the gentlewoman from there are those who will raise their Speaker, because India’s population is Texas (Ms. JACKSON-LEE) is recognized voices and say, well, we have already almost as large as China’s, and will during morning hour debates for 5 min- crossed that hurdle, America is beyond surpass China early in the next cen- utes. that, there is no need to address those tury. India offers opportunities for Ms. JACKSON-LEE of Texas. Mr. issues, and of course people will speak American trade and investment at Speaker, this morning there are sev- without facts, but I can assure them, least comparable to China, and India eral things on my mind that I would with the devastating opinions like that does not threaten fundamental U.S. in- like to share with this body. In par- in Texas, which has denied access of terests, which is more than we can say ticular, let me acknowledge and con- Hispanics and African-Americans to in- about China. gratulate the vindication of Susan stitutions of higher learning, with job Furthermore, India, a country that McDougal. When asked the question, discrimination against women in the holds regular elections at the national what happened in that case and how work force, with the lack of equal pay and local levels, is seriously committed did she feel, she clearly acknowledged for equal work, I can assure Americans to improving her human rights situa- the fact that all of us knew would come that although they may want to turn tion and the treatment of all minority to light: Susan McDougal told the their heads and may not want to hear communities, again, much more than truth, that there was no substance in about civil rights, it is important for can be said for China. Whitewater to attribute illegal activi- those of us who uphold the law to not I think, Mr. Speaker, we need to shift ties to the President and First Lady of turn our heads, to not be afraid of the our focus from simply condemning the United States. During her tenure, truth, but go forward and take the India for becoming a nuclear power, truth was not enough for the special higher ground, and work with those of which whether we like it or not is a re- prosecutor and the special Independent good will and good faith and ensure ality, to adjusting our thinking to this Counsel, but a jury in Arkansas has that this is truly a land of equal oppor- new reality and working to promote vindicated her. tunity. peace, security, confidence-building, The same thing with the contempt Bill Lann Lee does nothing but fol- and nonproliferation in South Asia. charge for the President. A sad day, a low the law. He is not in any way Within our U.S.-South Asia policy, sad occurrence. But it was what we ar- changing the law. He is not inter- our narrow India-Pakistan focus over- gued in the Committee on the Judici- preting the law, making the law in his looks the role of China. I believe that ary, which was this was a civil matter own form. He is following the law of China is the real threat to India, as that would be handled by the civil the land, which is affirmative action; well as to U.S. interests and to re- courts. Today that has occurred, or not quotas, but the outreach to indi- gional security. It is in this context yesterday that has occurred. viduals to give them an opportunity, to that India’s potential role as a partner Unfortunately, the tragedy of im- give them a helping hand, not a hand- for peace and stability should be under- peachment proceeded because others out. H1874 CONGRESSIONAL RECORD — HOUSE April 13, 1999 He is following the law on fighting appointed to uphold the law. Interestingly, port today. It is long past the time that the against discrimination of women in the recent votes in the House and Senate have Senate should have taken action to confirm workplace. He is following the law on been supportive of affirmative action. It Bill Lann Lee as the nation's Assistant Attor- seems the Senate Judiciary Committee being against the hate crimes like would rather hold the nation to its own ney General for Civil Rights. I urge my col- those perpetrated against James Byrd, agenda than allow a vote where the outcome leagues in the Senate to complete this proc- Junior. He is following the law when he may be disagreeable to them. ess. Congress needs to reaffirm its commit- is investigating the allegations of po- The American Association of University ment to civil rights and we can send no great- lice brutality that are not a respecter Women was sure of Lee’s ability when he was er sign than to confirm Bill Lann Lee. first nominated a year ago, and we are only of color, creed, or religion, but happen f across the Nation. He is following the more convinced today. Lee’s 23-year history of fighting discrimination and working for law when he protects good law enforce- ANNOUNCEMENT BY THE SPEAKER justice speaks for itself. His excellent work PRO TEMPORE ment, as well. over the past year should be rewarded with a As indicated by Sandy Bernard, who confirmation so he can continue his job. The SPEAKER pro tempore. Mem- was president or is president of the By confirming Bill Lann Lee, the Senate bers are again reminded not to refer to 150,000 member American Association will demonstrate that it can rise above polit- the personal conduct of the President of University Women, in an editorial in ical pettiness and prove its commitment to of the United States. advancing civil rights for everyone. the Houston Chronicle on Monday, f April 12, 1999, ‘‘For more than a year Mr. Speaker, I rise today to inform the na- Lee has done an outstanding job as the tion of a continuing injustice. I rise to tell the RECESS Acting Assistant Attorney General, en- nation of an attorney with impeccable creden- The SPEAKER pro tempore. Pursu- forcing our Nation’s civil rights laws tials and qualifications to be the next Assistant ant to clause 12 of rule I, the Chair de- effectively, fairly, and vigorously. His Attorney General for Civil Rights at the United clares the House in recess until 11 a.m. work on behalf of women is impressive, States Department of Justice. I rise today to Accordingly (at 10 o’clock and 11 and he is moving forward.’’ remind you of the story of Bill Lann Lee. minutes a.m.), the House stood in re- It is now more than two years since his ap- We cannot ask Bill Lann Lee, Mr. cess until 11 a.m. pointment to fill the position of Assistant Attor- Speaker, to change the laws that he f has to enforce. What we can simply do ney General. Yet, his appointment to be the is say, do your job. He should be con- next Assistant Attorney General for the Civil b 1100 Rights Division has been frozen for more than firmed and confirmed now. AFTER RECESS Mr. Speaker, I include for the two years in the Senate. The Senate has re- RECORD a copy of the article in the fused to complete the confirmation process. The recess having expired, the House Mr. Lee is one of the country's leading civil Houston Chronicle of Monday, April 12, was called to order by the Speaker pro rights attorneys, with a long and distinguished 1999. tempore (Mr. EWING) at 11 a.m. The article referred to is as follows: history of defending the rights of all Ameri- f cans. Mr. Lee's distinguished legal career has GET PAST POLITICS, APPROVE BILL LANN LEE spanned more than 23 years. He has tirelessly PRAYER NOMINATION spent his career seeking equal opportunity for The Chaplain, Reverend James David Civil rights laws are designed to protect all people and working diligently against dis- equal opportunity, but these laws are mean- Ford, D.D., offered the following pray- ingless without a strong leader to enforce crimination in all forms, including employment, er: them. That leader is Bill Lann Lee. The Sen- housing, voting and education. Mr. Lee has We are thankful, gracious God, that ate must confirm Lee as assistant attorney extensive experience in civil rights law. with all our differences of tradition and general for civil rights if we are going to Yet despite all these accomplishments, his experience, and with the contrasts be- guarantee equal protection for all. confirmation remains unfinished. A man whose tween us that mark our individuality, For more than a year, Lee has done an out- experience in civil rights law includes exten- we are still bound together by Your standing job as the acting assistant attorney sive work in employment discrimination, health creative spirit. We are grateful, O God, general enforcing our nation’s civil rights care, prevention of lead poisoning in poor chil- this spirit can unite us and make us laws effectively, fairly and vigorously. dren, access to public transportation, and His work on behalf of women is impressive. whole, that this spirit can show us the equal access to education. He has challenged public-sector employment way to live in harmony and concord, practices that have excluded women from I know first hand Mr. Lee brings a reasoned approach to his post. He has served the inter- that this spirit can show us the power many traditionally male jobs. He has en- of faith and hope and love. Breathe forced Title IX—the law that prohibits dis- ests of his client, the American people without crimination on the basis of sex in edu- hesitation. During the last two years, he has into our hearts and souls, O God, this cation—in many federal training and edu- served the nation as the Acting Assistant At- spirit of unity and peace, and may we cational programs. torney General. He has won my respect with so learn to live our lives that we tes- As chair of the National Task Force on Vi- his straightforward approach and on many oc- tify to the wonder of Your grace. Bless olence Against Health Care Providers, cre- casions he has responded to the needs of the us this day and every day, we pray. ated after the murder of Dr. Barnett Slepian, Amen. he has vigorously protected reproductive 18th Congressional District. Mr. Lee came to f health care providers. He has made preven- Houston to participate in a Town Hall Meeting tion and prosecution of hate crimes a top on Hate Crimes. THE JOURNAL priority of the division under his leadership. During his two years as Acting Assistant At- Prior to his current position, Lee worked torney General the Civil Rights Division has The SPEAKER pro tempore. The for two decades as a civil rights attorney and enforced the laws that prohibit discrimination Chair has examined the Journal of the a champion of equal opportunity. He nego- on the basis of race, color, religion, sex, na- last day’s proceedings and announces tiated settlements in cases that successfully tional origin, disability, and other factors. to the House his approval thereof. broke down workplace barriers, especially Known as a skilled consensus builder, he has Pursuant to clause 1, rule I, the Jour- those that kept women from advancing. Lee nal stands approved. made a name for himself by bringing about tirelessly worked to improve civil rights for all positive change through the law and building Americans. f consensus and partnerships—something we Bill Lann Lee brings the kind of practical ex- need more of in Washington. perience and leadership to the Justice Depart- PLEDGE OF ALLEGIANCE So what is the problem? I comes down to ment that is needed. His leadership of the The SPEAKER pro tempore. Will the politics. In 1997 the Senate, Judiciary Com- Civil Rights Division has included many issues gentleman from Illinois (Mr. COSTELLO) mittee held up Lee’s nomination though he including the monitoring of elections and in- come forward and lead the House in the was clearly qualified for the job. Some sen- vestigating the police as well as protecting citi- Pledge of Allegiance. ators thought that Lee would support ‘‘un- zens with disabilities. One needs to look no constitutional’’ affirmative action policies. Mr. COSTELLO led the Pledge of Al- Yet these policies are the law of the land. In further than events in Jasper, TX and New legiance as follows: fact, Lee has strictly adhered to recent Su- York City to see the leadership of Bill Lann I pledge allegiance to the Flag of the preme Court rulings on affirmative action. Lee. United States of America, and to the Repub- If our elected officials have an issue with I praised President Clinton in 1997 when he lic for which it stands, one nation under God, the law, they should not take it out on those made this appointment and I continue my sup- indivisible, with liberty and justice for all. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1875 MESSAGE FROM THE SENATE quote Chinese leaders as saying China ber is shocking considering that child A message from the Senate by Mr. will set up assembly plants in Africa abuse is preventable. Lundregan, one of its clerks, an- with Chinese equipment, Chinese tech- Research shows substance abuse and nounced that the Senate had passed nology and, guess what, Chinese work- the lack of parenting skills to be the without amendment a concurrent reso- ers as well. main causes. We can respond by ensur- lution of the House of the following To further quote this madness, they ing that alcohol and drug treatment title: said China is determined to circumvent programs and parenting classes are any U.S. quotas on Chinese products. funded and accessible. H. Con. Res. 24. Concurrent resolution ex- pressing congressional opposition to the uni- Disgusting. And after all this, certain Of course, our strongest weapons are lateral declaration of a Palestinian state and Members and certain individuals at the knowledge, awareness and compassion. urging the President to assert clearly United White House still want to admit China Every responsible adult can help by States opposition to such a unilateral dec- to the World Trade Organization. Beam learning more about the problem, by laration of statehood. me up. What is next here, a monument supporting parents and children at risk The message also announced that the to Mao Tse-tung right in Washington? in their communities, and by reporting Senate had passed a concurrent resolu- I yield back a $200 billion trade def- incidents of abuse. tion of the following title, in which the icit that threatens every man, woman A group of my constituents in Grand concurrence of the House is requested: and child in America, as well as our na- Island, Nebraska, has again this year S. Con. Res. 17. Concurrent resolution con- tional security. made blue ribbons available to us to cerning the 20th Anniversary of the Taiwan f acknowledge Child Abuse Prevention Relations Act. Month. It is a small symbol of our com- VOLUNTEER MIAMI FAIR A SUC- f mitment to fighting and ending the CESSFUL VOLUNTEER PROGRAM problem, and I hope all of my col- SUPPORT H.J. RES. 37, REQUIRING (Ms. ROS-LEHTINEN asked and was leagues will wear theirs proudly. TWO-THIRDS VOTE IN CONGRESS given permission to address the House f FOR PASSAGE OF TAX IN- for 1 minute and to revise and extend CREASES her remarks.) AIR WAR IN YUGOSLAVIA NOT (Mr. GIBBONS asked and was given Ms. ROS-LEHTINEN. Mr. Speaker, SUPPORTED BY AMERICAN PEO- permission to address the House for 1 this Saturday, April 17, South Florida PLE, JUST LIBERAL MEDIA minute and to revise and extend his re- will once again become the center of (Mr. DUNCAN asked and was given marks.) opportunity as the second annual Vol- permission to address the House for 1 Mr. GIBBONS. Mr. Speaker, on unteer Miami fair commences. minute and to revise and extend his re- Thursday, the Federal Government will At Miami-Dade Community College’s marks.) reach out its big hands and its sticky Wolfson Campus, hundreds of South Mr. DUNCAN. Mr. Speaker, last fingers and stick them into the pockets Floridians will gather to demonstrate night the Fox Network reported costs of every hard-working man and woman their commitment to their commu- of $3 billion for the air war against in this country. nities and their willingness to serve. At Yugoslavia, and that was before it was Two days from today, April 15, Mr. Volunteer Miami we will learn ways in reported that General Clark has now Speaker, the tax man comes into every which to utilize our talents and skills asked for several hundred more U.S. working family’s home to collect his and focus our energy on promoting aircraft. dues. Well, enough is enough. positive, effective change for South Yesterday, in The Washington Post, That is why I am supporting H.J. Florida. Columnist Robert Novak reported that Res. 37, which proposes an amendment Martin Luther King stated, ‘‘Every- we had bought Russia’s neutrality with to the Constitution and requires the body can be great because anybody can another $4.6 billion IMF loan. We will House and the Senate to garner a two- serve. You don’t have to have a college spend many billions in addition more thirds majority vote for passage of any degree to serve. You don’t have to on ground troops and reconstruction legislation that will result in a tax in- make your subject and verb agree to costs after Milosevic comes down. All crease. serve. You only need a heart full of of this against a tiny country that was At a time when the Republican Party grace. A soul generated by love.’’ no threat whatsoever to us, and where is trying to whittle down the tax bite In my district, the rewards reaped by we made things many times worse by of the Federal Government, to ease the volunteerism has been immeasurable. our bombings. tax burdens on American families, the I thank Dr. Eduardo Padron, David Last week the largest talk radio pro- least we can do is enact common sense Lawrence and Valerie Taylor for mak- gram in Knoxville asked if we should legislation to make it harder to raise ing this service extravaganza possible, send ground troops into Kosovo. Only taxes. and I thank the hundreds of dedicated one caller was in favor. Everyone else Taxes are currently too high, and volunteers who know that, by sharing a was strongly opposed. now this country is starting to run a little of their time, they can truly Our very liberal national media is budget surplus. The last thing Congress make a difference. doing everything it possibly can to es- should do is dig deeper into the pockets I hope that my congressional col- calate this war, so the true story will of hard-working taxpayers. leagues will be inspired to organize probably never be adequately reported, We should all support tax cuts, sup- similar volunteer fairs in their dis- and that is that this war is a great mis- port a constitutional amendment that tricts to unleash the power behind vol- calculation being carried out at almost makes it more difficult to raise taxes, unteerism. obscene expense to the American peo- and by doing this we will be supporting f ple. America and its future. f CHILD ABUSE PREVENTION MONTH Mr. Speaker, I yield back any small TORNADO IN SOUTHWEST OHIO change that may be left in our pockets. (Mr. BARRETT of Nebraska asked f and was given permission to address (Mr. PORTMAN asked and was given the House for 1 minute and to revise permission to address the House for 1 CHINA SHOULD NOT BE ADMITTED and extend his remarks.) minute and to revise and extend his re- TO WORLD TRADE ORGANIZATION Mr. BARRETT of Nebraska. Mr. marks.) (Mr. TRAFICANT asked and was Speaker, I rise to remind the House Mr. PORTMAN. Mr. Speaker, last given permission to address the House that April is Child Abuse Prevention Friday a terrible tornado ripped for 1 minute and to revise and extend Month. through the heart of the district I rep- his remarks.) The most recent data compiled by resent in Southwest Ohio. Eight hun- Mr. TRAFICANT. Mr. Speaker, last the National Committee to Prevent dred homes were destroyed or damaged. year Members vowed that China would Child Abuse shows now that more than The Cities of Blue Ash, Montgomery, not violate any African trade program 3 million cases of child abuse and ne- and Loveland, Symmes, Sycamore and we passed. Well, guess what, reports glect are reported annually. That num- Deerfield Townships were the hardest H1876 CONGRESSIONAL RECORD — HOUSE April 13, 1999 hit. Dozens of businesses were damaged ‘‘Trademark Act of 1946’’) is amended by add- ‘‘(12) INTERNATIONAL REGISTRATION.—The and destroyed, four people killed, 34 in- ing after section 51 the following new title: term ‘international registration’ means the registration of a mark granted under the Ma- jured, and hundreds of southwest Ohio- ‘‘TITLE XII—THE MADRID PROTOCOL ans are tonight without a home. Our drid Protocol. ‘‘SEC. 60. DEFINITIONS. ‘‘(13) INTERNATIONAL REGISTRATION DATE.— hearts go out to these families who are The term ‘international registration date’ now trying to put their lives back to- ‘‘For purposes of this title: ‘‘(1) MADRID PROTOCOL.—The term ‘Madrid means the date assigned to the international gether. Protocol’ means the Protocol Relating to the registration by the International Bureau. The good news is that they are get- Madrid Agreement Concerning the Inter- ‘‘(14) NOTIFICATION OF REFUSAL.—The term ting help. There has been a remarkable national Registration of Marks, adopted at ‘notification of refusal’ means the notice outpouring of support from their neigh- Madrid, Spain, on June 27, 1989. sent by an Office of a Contracting Party to bors to help people pull their lives back ‘‘(2) BASIC APPLICATION.—The term ‘basic the International Bureau declaring that an together. I spent the last few days application’ means the application for the extension of protection cannot be granted. registration of a mark that has been filed ‘‘(15) OFFICE OF A CONTRACTING PARTY.—The working along with State and local of- term ‘Office of a Contracting Party’ means— ficials, the Red Cross, other volunteers, with an Office of a Contracting Party and that constitutes the basis for an application ‘‘(A) the office, or governmental entity, of police and fire fighters, and Federal of- for the international registration of that a Contracting Party that is responsible for ficials from SBA and FEMA. mark. the registration of marks, or People from every neighborhood in ‘‘(3) BASIC REGISTRATION.—The term ‘basic ‘‘(B) the common office, or governmental our region have come to help. Folks in registration’ means the registration of a entity, of more than 1 Contracting Party our area have really rallied behind mark that has been granted by an Office of that is responsible for the registration of these hard-hit communities. Our pray- a Contracting Party and that constitutes the marks and is so recognized by the Inter- basis for an application for the international national Bureau. ers go out to the families, and our ‘‘(16) OFFICE OF ORIGIN.—The term ‘office of thanks and appreciation go out to all registration of that mark. ‘‘(4) CONTRACTING PARTY.—The term ‘Con- origin’ means the Office of a Contracting the hard-working volunteers, emer- tracting Party’ means any country or inter- Party with which a basic application was gency management personnel and local governmental organization that is a party to filed or by which a basic registration was officials who, I believe, have done an the Madrid Protocol. granted. outstanding job at a very difficult ‘‘(5) DATE OF RECORDAL.—The term ‘date of ‘‘(17) OPPOSITION PERIOD.—The term ‘oppo- time. recordal’ means the date on which a request sition period’ means the time allowed for fil- But we need more help. I urge Presi- for extension of protection that is filed after ing an opposition in the Patent and Trade- an international registration is granted is mark Office, including any extension of time dent Clinton to take prompt action on granted under section 13. Ohio Governor Bob Taft’s request that recorded on the International Register. ‘‘(6) DECLARATION OF BONA FIDE INTENTION ‘‘SEC. 61. INTERNATIONAL APPLICATIONS BASED Southwest Ohio be declared a Federal TO USE THE MARK IN COMMERCE.—The term ON UNITED STATES APPLICATIONS disaster area. ‘declaration of bona fide intention to use the OR REGISTRATIONS. f mark in commerce’ means a declaration that ‘‘The owner of a basic application pending is signed by the applicant for, or holder of, before the Patent and Trademark Office, or ANNOUNCEMENT BY THE SPEAKER an international registration who is seeking the owner of a basic registration granted by PRO TEMPORE extension of protection of a mark to the the Patent and Trademark Office, who— ‘‘(1) is a national of the United States, The SPEAKER pro tempore. Pursu- United States and that contains a statement that— ‘‘(2) is domiciled in the United States, or ant to the provisions of clause 8, rule ‘‘(A) the applicant or holder has a bona fide ‘‘(3) has a real and effective industrial or XX, the Chair announces that he will intention to use the mark in commerce, commercial establishment in the United postpone further proceedings today on ‘‘(B) the person making the declaration be- States, each motion to suspend the rules on lieves himself or herself, or the firm, cor- may file an international application by sub- which a recorded vote or the yeas and poration, or association in whose behalf he mitting to the Patent and Trademark Office nays are ordered, or on which the vote or she makes the declaration, to be entitled a written application in such form, together is objected to under clause 6 of rule to use the mark in commerce, and with such fees, as may be prescribed by the XX. ‘‘(C) no other person, firm, corporation, or Commissioner. association, to the best of his or her knowl- Such rollcall votes, if postponed, will ‘‘SEC. 62. CERTIFICATION OF THE INTER- edge and belief, has the right to use such NATIONAL APPLICATION. be taken later today. mark in commerce either in the identical ‘‘Upon the filing of an application for f form of the mark or in such near resem- international registration and payment of blance to the mark as to be likely, when the prescribed fees, the Commissioner shall MADRID PROTOCOL used on or in connection with the goods of examine the international application for IMPLEMENTATION ACT such other person, firm, corporation, or asso- the purpose of certifying that the informa- Mr. COBLE. Mr. Speaker, I move to ciation, to cause confusion, or to cause mis- tion contained in the international applica- take, or to deceive. suspend the rules and pass the bill tion corresponds to the information con- ‘‘(7) EXTENSION OF PROTECTION.—The term tained in the basic application or basic reg- (H.R. 769) to amend the Trademark Act ‘extension of protection’ means the protec- istration at the time of the certification. of 1946 to provide for the registration tion resulting from an international reg- Upon examination and certification of the and protection of trademarks used in istration that extends to a Contracting international application, the Commissioner commerce, in order to carry out provi- Party at the request of the holder of the shall transmit the international application sions of certain international conven- international registration, in accordance to the International Bureau. tions, and for other purposes. with the Madrid Protocol. ‘‘SEC. 63. RESTRICTION, ABANDONMENT, CAN- The Clerk read as follows: ‘‘(8) HOLDER OF AN INTERNATIONAL REG- CELLATION, OR EXPIRATION OF A ISTRATION.—A ‘holder’ of an international BASIC APPLICATION OR BASIC REG- H.R. 769 registration is the natural or juristic person ISTRATION. Be it enacted by the Senate and House of Rep- in whose name the international registration ‘‘With respect to an international applica- resentatives of the United States of America in is recorded on the International Register. tion transmitted to the International Bureau Congress assembled, ‘‘(9) INTERNATIONAL APPLICATION.—The under section 62, the Commissioner shall no- SECTION 1. SHORT TITLE. term ‘international application’ means an tify the International Bureau whenever the This Act may be cited as the ‘‘Madrid Pro- application for international registration basic application or basic registration which tocol Implementation Act’’. that is filed under the Madrid Protocol. is the basis for the international application ‘‘(10) INTERNATIONAL BUREAU.—The term has been restricted, abandoned, or canceled, SEC. 2. PROVISIONS TO IMPLEMENT THE PRO- TOCOL RELATING TO THE MADRID ‘International Bureau’ means the Inter- or has expired, with respect to some or all of AGREEMENT CONCERNING THE national Bureau of the World Intellectual the goods and services listed in the inter- INTERNATIONAL REGISTRATION OF Property Organization. national registration— MARKS. ‘‘(11) INTERNATIONAL REGISTER.—The term ‘‘(1) within 5 years after the international The Act entitled ‘‘An Act to provide for ‘International Register’ means the official registration date; or the registration and protection of trade- collection of such data concerning inter- ‘‘(2) more than 5 years after the inter- marks used in commerce, to carry out the national registrations maintained by the national registration date if the restriction, provisions of certain international conven- International Bureau that the Madrid Pro- abandonment, or cancellation of the basic tions, and for other purposes’’, approved July tocol or its implementing regulations re- application or basic registration resulted 5, 1946, as amended (15 U.S.C. 1051 and fol- quire or permit to be recorded, regardless of from an action that began before the end of lowing) (commonly referred to as the the medium which contains such data. that 5-year period. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1877 ‘‘SEC. 64. REQUEST FOR EXTENSION OF PROTEC- Property) or a subsequent application (with- United States on whom may be served no- TION SUBSEQUENT TO INTER- in the meaning of Article 4(C)(4) of the Paris tices or process in proceedings affecting the NATIONAL REGISTRATION. Convention). mark. Such notices or process may be served ‘‘The holder of an international registra- ‘‘SEC. 68. EXAMINATION OF AND OPPOSITION TO upon the person so designated by leaving tion that is based upon a basic application REQUEST FOR EXTENSION OF PRO- with that person, or mailing to that person, filed with the Patent and Trademark Office TECTION; NOTIFICATION OF RE- a copy thereof at the address specified in the or a basic registration granted by the Patent FUSAL. last designation so filed. If the person so des- and Trademark Office may request an exten- ‘‘(a) EXAMINATION AND OPPOSITION.—(1) A ignated cannot be found at the address given sion of protection of its international reg- request for extension of protection described in the last designation, such notice or proc- istration by filing such a request— in section 66(a) shall be examined as an ap- ess may be served upon the Commissioner. ‘‘(1) directly with the International Bu- plication for registration on the Principal ‘‘SEC. 69. EFFECT OF EXTENSION OF PROTEC- reau, or Register under this Act, and if on such exam- TION. ‘‘(2) with the Patent and Trademark Office ination it appears that the applicant is enti- ‘‘(a) ISSUANCE OF EXTENSION OF PROTEC- for transmittal to the International Bureau, tled to extension of protection under this TION.—Unless a request for extension of pro- if the request is in such form, and contains title, the Commissioner shall cause the mark tection is refused under section 68, the Com- such transmittal fee, as may be prescribed to be published in the Official Gazette of the missioner shall issue a certificate of exten- by the Commissioner. Patent and Trademark Office. sion of protection pursuant to the request ‘‘SEC. 65. EXTENSION OF PROTECTION OF AN ‘‘(2) Subject to the provisions of subsection and shall cause notice of such certificate of INTERNATIONAL REGISTRATION TO (c), a request for extension of protection extension of protection to be published in THE UNITED STATES UNDER THE under this title shall be subject to opposition the Official Gazette of the Patent and Trade- MADRID PROTOCOL. under section 13. Unless successfully op- mark Office. ‘‘(a) IN GENERAL.—Subject to the provi- posed, the request for extension of protection ‘‘(b) EFFECT OF EXTENSION OF PROTEC- sions of section 68, the holder of an inter- shall not be refused. TION.—From the date on which a certificate national registration shall be entitled to the ‘‘(3) Extension of protection shall not be of extension of protection is issued under benefits of extension of protection of that refused under this section on the ground that subsection (a)— international registration to the United the mark has not been used in commerce. ‘‘(1) such extension of protection shall have States to the extent necessary to give effect ‘‘(4) Extension of protection shall be re- the same effect and validity as a registration to any provision of the Madrid Protocol. fused under this section to any mark not on the Principal Register, and ‘‘(b) IF UNITED STATES IS OFFICE OF ORI- registrable on the Principal Register. ‘‘(2) the holder of the international reg- GIN.—An extension of protection resulting ‘‘(b) NOTIFICATION OF REFUSAL.—If, a re- istration shall have the same rights and rem- from an international registration of a mark quest for extension of protection is refused edies as the owner of a registration on the shall not apply to the United States if the under subsection (a), the Commissioner shall Principal Register. Patent and Trademark Office is the office of declare in a notification of refusal (as pro- ‘‘SEC. 70. DEPENDENCE OF EXTENSION OF PRO- origin with respect to that mark. vided in subsection (c)) that the extension of TECTION TO THE UNITED STATES ‘‘SEC. 66. EFFECT OF FILING A REQUEST FOR EX- protection cannot be granted, together with ON THE UNDERLYING INTER- TENSION OF PROTECTION OF AN a statement of all grounds on which the re- NATIONAL REGISTRATION. INTERNATIONAL REGISTRATION TO fusal was based. ‘‘(a) EFFECT OF CANCELLATION OF INTER- THE UNITED STATES. ‘‘(c) NOTICE TO INTERNATIONAL BUREAU.—(1) NATIONAL REGISTRATION.—If the Inter- ‘‘(a) REQUIREMENT FOR REQUEST FOR EXTEN- Within 18 months after the date on which the national Bureau notifies the Patent and SION OF PROTECTION.—A request for extension International Bureau transmits to the Pat- Trademark Office of the cancellation of an of protection of an international registration ent and Trademark Office a notification of a international registration with respect to to the United States that the International request for extension of protection, the Com- some or all of the goods and services listed in Bureau transmits to the Patent and Trade- missioner shall transmit to the Inter- the international registration, the Commis- mark Office shall be deemed to be properly national Bureau any of the following that sioner shall cancel any extension of protec- filed in the United States if such request, applies to such request: tion to the United States with respect to when received by the International Bureau, ‘‘(A) A notification of refusal based on an such goods and services as of the date on has attached to it a declaration of bona fide examination of the request for extension of which the international registration was intention to use the mark in commerce that protection. canceled. is verified by the applicant for, or holder of, ‘‘(B) A notification of refusal based on the ‘‘(b) EFFECT OF FAILURE TO RENEW INTER- the international registration. filing of an opposition to the request. NATIONAL REGISTRATION.—If the Inter- ‘‘(b) EFFECT OF PROPER FILING.—Unless ex- ‘‘(C) A notification of the possibility that national Bureau does not renew an inter- tension of protection is refused under section an opposition to the request may be filed national registration, the corresponding ex- 68, the proper filing of the request for exten- after the end of that 18-month period. tension of protection to the United States sion of protection under subsection (a) shall ‘‘(2) If the Commissioner has sent a notifi- shall cease to be valid as of the date of the constitute constructive use of the mark, con- cation of the possibility of opposition under expiration of the international registration. ferring the same rights as those specified in paragraph (1)(C), the Commissioner shall, if ‘‘(c) TRANSFORMATION OF AN EXTENSION OF section 7(c), as of the earliest of the fol- applicable, transmit to the International Bu- PROTECTION INTO A UNITED STATES APPLICA- lowing: reau a notification of refusal on the basis of TION.—The holder of an international reg- ‘‘(1) The international registration date, if the opposition, together with a statement of istration canceled in whole or in part by the the request for extension of protection was all the grounds for the opposition, within 7 International Bureau at the request of the filed in the international application. months after the beginning of the opposition office of origin, under Article 6(4) of the Ma- ‘‘(2) The date of recordal of the request for period or within 1 month after the end of the drid Protocol, may file an application, under extension of protection, if the request for ex- opposition period, whichever is earlier. section 1 or 44 of this Act, for the registra- tension of protection was made after the ‘‘(3) If a notification of refusal of a request tion of the same mark for any of the goods international registration date. for extension of protection is transmitted and services to which the cancellation ap- ‘‘(3) The date of priority claimed pursuant under paragraph (1) or (2), no grounds for re- plies that were covered by an extension of to section 67. fusal of such request other than those set protection to the United States based on ‘‘SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR forth in such notification may be trans- that international registration. Such an ap- EXTENSION OF PROTECTION TO THE mitted to the International Bureau by the plication shall be treated as if it had been UNITED STATES. Commissioner after the expiration of the filed on the international registration date ‘‘The holder of an international registra- time periods set forth in paragraph (1) or (2), or the date of recordal of the request for ex- tion with an extension of protection to the as the case may be. tension of protection with the International United States shall be entitled to claim a ‘‘(4) If a notification specified in paragraph Bureau, whichever date applies, and, if the date of priority based on the right of priority (1) or (2) is not sent to the International Bu- extension of protection enjoyed priority within the meaning of Article 4 of the Paris reau within the time period set forth in such under section 67 of this title, shall enjoy the Convention for the Protection of Industrial paragraph, with respect to a request for ex- same priority. Such an application shall be Property if— tension of protection, the request for exten- entitled to the benefits conferred by this ‘‘(1) the international registration con- sion of protection shall not be refused and subsection only if the application is filed not tained a claim of such priority; and the Commissioner shall issue a certificate of later than 3 months after the date on which ‘‘(2)(A) the international application con- extension of protection pursuant to the re- the international registration was canceled, tained a request for extension of protection quest. in whole or in part, and only if the applica- to the United States, or ‘‘(d) DESIGNATION OF AGENT FOR SERVICE OF tion complies with all the requirements of ‘‘(B) the date of recordal of the request for PROCESS.—In responding to a notification of this Act which apply to any application filed extension of protection to the United States refusal with respect to a mark, the holder of pursuant to section 1 or 44. is not later than 6 months after the date of the international registration of the mark ‘‘SEC. 71. AFFIDAVITS AND FEES. the first regular national filing (within the shall designate, by a written document filed ‘‘(a) REQUIRED AFFIDAVITS AND FEES.—An meaning of Article 4(A)(3) of the Paris Con- in the Patent and Trademark Office, the extension of protection for which a certifi- vention for the Protection of Industrial name and address of a person resident in the cate of extension of protection has been H1878 CONGRESSIONAL RECORD — HOUSE April 13, 1999 issued under section 69 shall remain in force The SPEAKER pro tempore. Pursu- ment providing for an international for the term of the international registration ant to the rule, the gentleman from registration system for trademarks. upon which it is based, except that the ex- North Carolina (Mr. COBLE) and the I am strongly of the belief that the tension of protection of any mark shall be canceled by the Commissioner— gentleman from California (Mr. BER- one-stop shop provided for in the Ma- ‘‘(1) at the end of the 6-year period begin- MAN) each will control 20 minutes. drid Protocol whereby trademark ap- ning on the date on which the certificate of The Chair recognizes the gentleman plicants can file one application in extension of protection was issued by the from North Carolina (Mr. COBLE). their own country and in their own lan- Commissioner, unless within the 1-year pe- GENERAL LEAVE guage and, in so doing, achieve world- riod preceding the expiration of that 6-year Mr. COBLE. Mr. Speaker, I ask unan- wide protection for their trademarks is period the holder of the international reg- imous consent that all Members may in the interest of American businesses. istration files in the Patent and Trademark have 5 legislative days within which to But while the Protocol took effect 2 Office an affidavit under subsection (b) to- revise and extend their remarks on gether with a fee prescribed by the Commis- years ago, it may never achieve its pur- sioner; and H.R. 769, the bill under consideration. pose unless and until the U.S. elects to ‘‘(2) at the end of the 10-year period begin- The SPEAKER pro tempore. Is there participate. However, the State De- ning on the date on which the certificate of objection to the request of the gen- partment has not forwarded the treaty extension of protection was issued by the tleman from North Carolina? to the Senate for ratification because Commissioner, and at the end of each 10-year There was no objection. of continuing concerns on the part of period thereafter, unless— Mr. COBLE. Mr. Speaker, I yield my- the United States regarding the voting ‘‘(A) within the 6-month period preceding self such time as I may consume. rights of intergovernmental members the expiration of such 10-year period the I rise today in support of H.R. 769, of the Protocol. holder of the international registration files the Madrid Protocol Implementation In particular, under the Protocol, the in the Patent and Trademark Office an affi- Act, and urge the House to adopt the European Union receives a separate davit under subsection (b) together with a measure. fee prescribed by the Commissioner; or House Resolution 769 is the imple- vote in addition to the votes of its ‘‘(B) within 3 months after the expiration menting legislation for the Protocol member states. The State Department of such 10-year period, the holder of the is concerned that it is a violation of international registration files in the Patent Related to the Madrid Agreement on the Registration of Marks, commonly the concept of one vote per country and Trademark Office an affidavit under sub- and could set an unfortunate precedent section (b) together with the fee described in known as the Madrid Protocol. The bill subparagraph (A) and an additional fee pre- is identical to legislation introduced in in future international agreements. scribed by the Commissioner. the preceding three Congresses, and While the State Department pursues ‘‘(b) CONTENTS OF AFFIDAVIT.—The affi- will send a signal to the international its concerns with European Commis- davit referred to in subsection (a) shall set business community, United States sion officials, I believe it is important forth those goods or services recited in the that we in this body signal our support extension of protection on or in connection businesses, and trademark owners that the 106th Congress is determined to for the substantive provisions of the with which the mark is in use in commerce Protocol. I know of no opposition to and the holder of the international registra- help our Nation, and particularly our tion shall attach to the affidavit a specimen small businesses, become part of an in- these provisions, nor to this bill. I urge or facsimile showing the current use of the expensive, efficient system that allows its support. mark in commerce, or shall set forth that the international registration of Mr. Speaker, I yield back the balance any nonuse is due to special circumstances marks. of my time. which excuse such nonuse and is not due to As a practical matter, Mr. Speaker, Mr. COBLE. Mr. Speaker, I have no any intention to abandon the mark. Special ratification of the Protocol and the en- further requests for time, and I yield notice of the requirement for such affidavit back the balance of my time. shall be attached to each certificate of ex- actment of H.R. 769 will enable Amer- tension of protection. ican trademark owners to pay a nomi- The SPEAKER pro tempore (Mr. ‘‘SEC. 72. ASSIGNMENT OF AN EXTENSION OF nal fee to the United States Patent and EWING). The question is on the motion PROTECTION. Trademark Office which will then reg- offered by the gentleman from North ‘‘An extension of protection may be as- ister the marks in the individual coun- Carolina (Mr. COBLE) that the House signed, together with the goodwill associated tries that comprise the European suspend the rules and pass the bill, with the mark, only to a person who is a na- Union, or more commonly known as H.R. 769. tional of, is domiciled in, or has a bona fide The question was taken; and (two- and effective industrial or commercial estab- the EU. Currently, American trade- lishment either in a country that is a Con- mark attorneys must hire attorneys or thirds having voted in favor thereof) tracting Party or in a country that is a agents in each individual country to the rules were suspended and the bill member of an intergovernmental organiza- acquire protection. This process is both was passed. tion that is a Contracting Party. laborious and expensive, and discour- A motion to reconsider was laid on ‘‘SEC. 73. INCONTESTABILITY. ages small businesses and individuals the table. ‘‘The period of continuous use prescribed f under section 15 for a mark covered by an ex- from registering their marks in Eu- tension of protection issued under this title rope. MAKING TECHNICAL CORRECTIONS may begin no earlier than the date on which Mr. Speaker, H.R. 769 is an important IN TITLE 17, UNITED STATES CODE the Commissioner issues the certificate of and noncontroversial bill that will the extension of protection under section 69, greatly help those American businesses Mr. COBLE. Mr. Speaker, I move to except as provided in section 74. and other individuals who need to reg- suspend the rules and pass the bill ‘‘SEC. 74. RIGHTS OF EXTENSION OF PROTEC- ister their trademarks overseas in a (H.R. 1189) to make technical correc- TION. prompt and cost-effective manner. I tions in title 17, United States Code, ‘‘An extension of protection shall convey implore my colleagues to pass the bill and other laws, as amended. the same rights as an existing registration The Clerk read as follows: for the same mark, if— today, and want to express my thanks ‘‘(1) the extension of protection and the ex- to the gentleman from California (Mr. H.R. 1189 isting registration are owned by the same BERMAN), the ranking member of the Be it enacted by the Senate and House of Rep- person; subcommittee, and the entire sub- resentatives of the United States of America in ‘‘(2) the goods and services listed in the ex- committee membership and staff for Congress assembled, isting registration are also listed in the ex- that matter, who have worked very co- SECTION 1. TECHNICAL CORRECTIONS TO TITLE tension of protection; and operatively in getting the bill to this 17, UNITED STATES CODE. ‘‘(3) the certificate of extension of protec- (a) EXEMPTION OF CERTAIN PERFORMANCES tion is issued after the date of the existing point. AND DISPLAYS ON EXCLUSIVE RIGHTS.—Sec- registration.’’. Mr. Speaker, I reserve the balance of tion 110(5) of title 17, United States Code, is SEC. 3. EFFECTIVE DATE. my time. amended— This Act and the amendments made by b 1115 (1) by striking ‘‘(A) a direct charge’’ and this Act shall take effect on the date on inserting ‘‘(i) a direct charge’’; and which the Madrid Protocol (as defined in sec- Mr. BERMAN. Mr. Speaker, I yield (2) by striking ‘‘(B) the transmission’’ and tion 60(1) of the Trademark Act of 1946) en- myself such time as I may consume. inserting ‘‘(ii) the transmission’’. ters into force with respect to the United I rise in support of H.R. 769, a bill to (b) EPHEMERAL RECORDINGS.—Section 112(e) States. implement the Madrid Protocol Agree- of title 17, United States Code, is amended— April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1879 (1) by redesignating paragraphs (3) through GENERAL LEAVE medal for public safety officers who act (10) as paragraphs (2) through (9), respec- Mr. COBLE. Mr. Speaker, I ask unan- with extraordinary valor above and be- tively; imous consent that all Members may yond the call of duty. (2) in paragraph (3), as so redesignated, by have 5 legislative days within which to The Clerk read as follows: striking ‘‘(2)’’ and inserting ‘‘(1)’’; H.R. 46 (3) in paragraph (4), as so redesignated— revise and extend their remarks on (A) by striking ‘‘(3)’’ and inserting ‘‘(2)’’; H.R. 1189. Be it enacted by the Senate and House of Rep- (B) by striking ‘‘(4)’’ and inserting ‘‘(3)’’; The SPEAKER pro tempore. Is there resentatives of the United States of America in (C) by striking ‘‘(6)’’ and inserting ‘‘(5)’’; objection to the request of the gen- Congress assembled, and tleman from North Carolina? SECTION 1. SHORT TITLE. (D) by striking ‘‘(3) and (4)’’ and inserting There was no objection. This Act may be cited as the ‘‘Public Safe- ty Officer Medal of Valor Act of 1999’’. ‘‘(2) and (3)’’; and Mr. COBLE. Mr. Speaker, I yield my- (4) in paragraph (6), as so redesignated— SEC. 2. AUTHORIZATION OF MEDAL. self such time as I may consume. The President may award, and present in (A) by striking ‘‘(4)’’ each place it appears (Mr. COBLE asked and was given per- and inserting ‘‘(3)’’; and the name of Congress, a Medal of Valor of ap- (B) by striking ‘‘(5)’’ each place it appears mission to revise and extend his re- propriate design, with ribbons and appur- and inserting ‘‘(4)’’. marks.) tenances, to a public safety officer who is (c) DETERMINATION OF REASONABLE LICENSE Mr. COBLE. Mr. Speaker, I rise today cited by the Attorney General, on the advice FEES FOR INDIVIDUAL PROPRIETORS.—Chapter in support of H.R. 1189, to make tech- of the Medal of Valor Review Board, for ex- 5 of title 17, United States Code, is nical corrections to title 17 of the traordinary valor above and beyond the call of duty. amended— United States Code and other laws. An SEC. 3. BOARD. (1) by redesignating the section 512 entitled amended version of this bill is pre- ‘‘ (a) BOARD.—There is established a perma- Determination of reasonable license fees for sented for passage under suspension of individual proprietors’’ as section 513 and nent Medal of Valor Review Board (herein- placing such section after the section 512 en- the rules. after in this Act referred to as the ‘‘Board’’). titled ‘‘Limitations on liability relating to The amendment to the reported bill The Board shall— material online’’; and makes further technical corrections to (1) be composed of 11 members appointed in (2) in the table of sections at the beginning title 17 and other laws. As a result of accordance with subsection (b); and of that chapter by striking two major copyright bills which were (2) conduct its business in accordance with this Act. ‘‘512. Determination of reasonable license signed in law late in the 105th Con- (b) MEMBERSHIP.— fees for individual proprietors.’’ gress, several technical errors need to (1) IN GENERAL.—The members of the Board and inserting be corrected in order to prevent confu- shall be appointed as follows: ‘‘513. Determination of reasonable license sion. H.R. 1189 corrects these errors by (A) Two shall be appointed by the Speaker fees for individual proprietors.’’ making purely technical amendments of the House of Representatives. and placing that item after the item entitled to the Copyright Act and other laws. (B) Two shall be appointed by the minority ‘‘512. Limitations on liability relating to ma- H.R. 1189, Mr. Speaker, does not make leader of the House of Representatives. terial online.’’. any substantive changes in the law. (C) Two shall be appointed by the Majority Leader of the Senate. NLINE COPYRIGHT INFRINGEMENT LI- (d) O I am unaware of any opposition to (D) Two shall be appointed by the Minority ABILITY.—Section 512 of title 17, United this amendment, and I urge a favorable Leader of the Senate. States Code, is amended— vote on H.R. 1189. (E) Three shall be appointed by the Presi- (1) in subsection (e)— Mr. Speaker, I reserve the balance of dent, one of whom shall have substantial ex- (A) by amending the caption to read as fol- my time. perience in firefighting, one of whom shall lows: have substantial experience in law enforce- ‘‘(e) LIMITATION ON LIABILITY OF NONPROFIT Mr. BERMAN. Mr. Speaker, I yield ment, and one of whom shall have substan- EDUCATIONAL INSTITUTIONS.—’’; and myself such time as I may consume. tial experience in emergency services. (B) in paragraph (2), by striking ‘‘INJUNC- Mr. Speaker, I rise in support also of (2) PERSONS ELIGIBLE.—The members of the TIONS.—’’; and H.R. 1189, a bill making technical cor- Board shall be individuals who have knowl- (2) in paragraph (3) of subsection (j), by rections in title 17, the Copyright Act. edge or expertise, whether by experience or amending the caption to read as follows: If ever a bill were truly technical, training, in the field of public safety. ‘‘(3) NOTICE AND EX PARTE ORDERS.—’’. this is it. Our committee labored long, (3) TERM.—The term of a Board member is (e) INTEGRITY OF COPYRIGHT MANAGEMENT 4 years. INFORMATION.—Section 1202(e)(2)(B) of title hard, and successfully last Congress to 17, United States Code, is amended by strik- produce landmark legislation in the (4) VACANCIES.—Any vacancy in the mem- ing ‘‘category or works’’ and inserting ‘‘cat- copyright area. The brevity of the bill bership of the Board shall not affect the pow- egory of works’’. before us today is testimony to a job ers of the Board and shall be filled in the same manner as the original appointment. (f) PROTECTION OF DESIGNS.—(1) Section well done by all concerned in that ef- 1302(5) of title 17, United States Code, is (5) OPERATION OF THE BOARD.— fort, and I commend those people. (A) MEETINGS.—The Board shall meet at amended by striking ‘‘1 year’’ and inserting I commend this technical corrections ‘‘2 years’’. the call of the Chairman and not less than (2) Section 1320(c) of title 17, United States bill to my colleagues. twice each year. The initial meeting of the Code, is amended in the subsection caption Mr. Speaker, I yield back the balance Board shall be conducted not later than 30 by striking ‘‘ACKNOWLEDGEMENT’’ and insert- of my time. days after the appointment of the last mem- ing ‘‘ACKNOWLEDGMENT’’. Mr. COBLE. Mr. Speaker, I have no ber of the Board. SEC. 2. OTHER TECHNICAL CORRECTIONS. further requests for time, and I yield (B) QUORUM; VOTING; RULES.—A majority of the members of the Board shall constitute a (a) CLERICAL AMENDMENT TO TITLE 28, back the balance of my time. U.S.C.—The section heading for section 1400 quorum to conduct business, but the Board The SPEAKER pro tempore. The may establish a lesser quorum for con- of title 28, United States Code, is amended to question is on the motion offered by read as follows: ducting hearings scheduled by the Board. the gentleman from North Carolina The Board may establish by majority vote ‘‘§ 1400. Patents and copyrights, mask works, (Mr. COBLE) that the House suspend the any other rules for the conduct of the and designs’’. rules and pass the bill, H.R. 1189, as Board’s business, if such rules are not incon- (b) ELIMINATION OF CONFLICTING PROVI- amended. sistent with this Act or other applicable law. SION.—Section 5316 of title 5, United States The question was taken; and (two- (c) DUTIES.—The Board shall select can- Code, is amended by striking ‘‘Commissioner didates as recipients of the Medal of Valor of Patents, Department of Commerce.’’. thirds having voted in favor thereof) from among those applications received by (c) CLERICAL CORRECTION TO TITLE 35, the rules were suspended and the bill, the National Medal Office. Not more often U.S.C.—Section 3(d) of title 35, United States as amended, was passed. than once each year, the Board shall present Code, is amended by striking ‘‘, United A motion to reconsider was laid on to the Attorney General the name or names States Code’’. the table. of those it recommends as Medal of Valor re- The SPEAKER pro tempore. Pursu- f cipients. In a given year, the Board is not re- ant to the rule, the gentleman from quired to choose any names, but is limited to PUBLIC SAFETY OFFICER MEDAL a maximum number of 6 recipients. The North Carolina (Mr. COBLE) and the OF VALOR ACT OF 1999 Board shall set an annual timetable for ful- gentleman from California (Mr. BER- filling its duties under this Act. MAN) each will control 20 minutes. Mr. MCCOLLUM. Mr. Speaker, I (d) HEARINGS.— The Chair recognizes the gentleman move to suspend the rules and pass the (1) IN GENERAL.—The Board may hold such from North Carolina (Mr. COBLE). bill (H.R. 46) to provide for a national hearings, sit and act at such times and H1880 CONGRESSIONAL RECORD — HOUSE April 13, 1999 places, administer such oaths, take such tes- The SPEAKER pro tempore. Pursu- Valor Review Board, comprised of 11 timony, and receive such evidence as the ant to the rule, the gentleman from members serving 4-year terms, who Board considers advisable to carry out its Florida (Mr. MCCOLLUM) and the gen- shall review and select recipients of duties. tleman from Virginia (Mr. SCOTT) each the award each year. The board mem- (2) WITNESS EXPENSES.—Witnesses re- quested to appear before the Board may be will control 20 minutes. bers must be individuals who have paid the same fees as are paid to witnesses The Chair recognizes the gentleman knowledge or expertise in the field of under section 1821 of title 28, United States from Florida (Mr. MCCOLLUM). public safety. The board is not required Code. The per diem and mileage allowances GENERAL LEAVE to chose any names in a given year but for witnesses shall be paid from funds appro- Mr. MCCOLLUM. Mr. Speaker, I ask may select up to six recipients annu- priated to the Board. unanimous consent that all Members ally. (e) INFORMATION FROM FEDERAL AGEN- may have 5 legislative days within The legislation also establishes a Na- CIES.—The Board may secure directly from tional Medal Office within the Depart- any Federal department or agency such in- which to revise and extend their re- formation as the Board considers necessary marks on H.R. 46. ment of Justice, which will establish to carry out its duties. Upon the request of The SPEAKER pro tempore. Is there criteria and procedures for the submis- the Board, the head of such department or objection to the request of the gen- sion of names of nominees from the law agency may furnish such information to the tleman from Florida? enforcement community and the pub- Board. There was no objection. lic. The National Medal Office will (f) INFORMATION TO BE KEPT CONFIDEN- Mr. MCCOLLUM. Mr. Speaker, I yield staff the Medal of Honor Review Board. TIAL.—The Board shall not disclose any in- myself such time as I may consume. The Congressional Budget Office has formation which may compromise an ongo- Mr. Speaker, H.R. 46 is called the reviewed H.R. 46 and estimates that ing law enforcement investigation or is oth- Public Safety Officer Medal Act of full implementation of the legislation erwise required by law to be kept confiden- tial. Valor. It creates a national medal for would cost only about $250,000 annu- SEC. 4. BOARD PERSONNEL MATTERS. public safety officers who exhibit ex- ally. I believe this is a very small price (a) COMPENSATION OF MEMBERS.—(1) Except traordinary valor above and beyond the for the Federal Government to pay to as provided in paragraph (2), each member of call of duty. While law enforcement express its gratitude for our Nation’s the Board shall be compensated at a rate agencies at all levels present their own most heroic public safety officers and equal to the daily equivalent of the annual award and medals to those who dem- to set the example nationally that we rate of basic pay prescribed for level IV of onstrate bravery, the United States need to set to encourage those who per- the Executive Schedule under section 5315 of Government has no medal in recogni- form such acts. title 5, United States Code, for each day (in- tion of acts of courage and valor com- I also want to note that this legisla- cluding travel time) during which such mem- mitted by public safety officers. This tion will not displace the Medal of ber is engaged in the performance of the du- ties of the Board. legislation is an attempt to rectify the Honor as our country’s most signifi- (2) All members of the Board who serve as failure of the United States to award a cant award. America’s entire system of officers or employees of the United States, a prestigious medal for public safety offi- medals and awards, which has become State, or a local government, shall serve cer heroism. known as the Pyramid of Honor, was without compensation in addition to that re- Every now and then, a police officer established by an act of Congress in ceived for those services. or a fire fighter confronts a critical 1918. That act was passed to protect the (b) TRAVEL EXPENSES.—The members of choice that could make the difference integrity of the national Medal of the Board shall be allowed travel expenses, between life and death. Such moments Honor, but it had the far-reaching ef- including per diem in lieu of subsistence, at rates authorized for employees of agencies are not about duty, they are about act- fect of establishing degrees of distin- under subchapter I of chapter 57 of title 5, ing beyond what duty requires. They guished service and clearly delineating United States Code, while away from their are about taking major risks of serious the type of deed necessary for the homes or regular places of business in the injury or even loss of life for the sole awarding of a medal. performance of service for the Board. reason of saving another person’s life. H.R. 46 is patterned after the Medal SEC. 5. DEFINITIONS. When our men and women in blue of Honor, but it will not disrupt its For the purposes of this Act: make this heroic choice, they distin- place at the top of the pyramid. (1) PUBLIC SAFETY OFFICER.—The term guish themselves from the vast major- Finally, H.R. 46 requires the Attor- ‘‘Public Safety Officer’’ has the same mean- ity of the public who will probably ney General to consult with the Insti- ing given that term in section 1204 of the never be tested in this way. A national tute of Heraldry, an office housed with- Omnibus Crime Control and Safe Streets Act in the Department of Defense which de- of 1968. medal is the least we can do to express (2) STATE.—The term ‘‘State’’ means each our appreciation for such devotion. signs and creates medals and ribbons. of the several States of the United States, Mr. Speaker, legislation identical to The staff at the Institute of Heraldry the District of Columbia, the Commonwealth H.R. 46 passed the House by voice vote puts great thought into every aspect of of Puerto Rico, the Virgin Islands, Guam, in the last Congress, but unfortu- a medal, and every color and detail is American Samoa, and the Commonwealth of nately, the Senate failed to act before significant. To avoid overlapping with the Northern Mariana Islands. adjournment. I am hopeful that the a previously established medal, the At- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Senate will see its way clear to pass torney General is required to consult There are authorized to be appropriated to this act before National Police Week in with the Institute. the Attorney General such sums as may be May. What better way to express our Mr. Speaker, we can never fully know necessary to carry out this Act. thanks to our men and women in blue what inspires a person to commit an SEC. 7. OFFICE. than to pass this legislation creating a act of bravery, even to risk his or her There is established within the Depart- own life to save the life of a stranger. ment of Justice a national medal office. The national medal, given by the President, office shall staff the Medal of Valor Review in the name of the Congress, honoring Congress must, however, find signifi- Board and establish criteria and procedures extraordinary acts of valor? cant and positive ways to express our for the submission of recommendations of I might add, of course, and I said this thanks and to encourage such acts. I nominees for the Medal of Valor. earlier, this not only would apply to believe that creation of this medal is SEC. 8. CONFORMING REPEAL. police officers but also fire fighters. one way to recognize the frequent and Section 15 of the Federal Fire Prevention Significantly, this award is not lim- too often unsung acts of valor com- and Control Act of 1974 is repealed. ited only to State and local police offi- mitted by public safety officers. SEC. 9. CONSULTATION REQUIREMENT. cers. Federal agents could certainly be This legislation is supported by near- The Attorney General shall consult with nominated for a medal. State and local ly every national law enforcement as- the Institute of Heraldry within the Depart- fire fighters and emergency personnel sociation, including the Fraternal ment of Defense regarding the design and ar- will also be eligible. Thus, the bill will Order of Police, the National Associa- tistry of the Medal of Valor. The Attorney tion of Police Organizations, the Inter- General shall also consider suggestions re- encompass all public safety officers at ceived by the Department of Justice regard- all levels of government. national Brotherhood of Police Offi- ing the design of the medal, including those The selection process established by cers, the National Troopers Coalition, made by persons not employed by the De- H.R. 46 is simple and inexpensive. The and the Law Enforcement Alliance of partment. bill creates a permanent Medal of America. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1881 I want to thank the ranking member firefighters and emergency medical personnel cent victory and their continued strong com- of the Subcommittee on Crime, the every day. mitment to democracy, national reconcili- gentleman from Virginia (Mr. SCOTT), These Officers make a choice to serve their ation, and reconstruction; for his support in this legislation and (3) congratulates El Salvadoran President communities. While feelings toward Law En- Armando Caldero´ n Sol for his personal com- his cooperation in quickly moving the forcement vary with each individual, all citi- mitment to democracy, which has helped in bill to the floor. I look forward to zens must realize that the role of a peace offi- the building of national unity in the Repub- working with my friend from Virginia cer is an important and necessary one. lic of El Salvador; this Congress to find common ground By supporting this bill, we salute the choices (4) commends all Salvadoran citizens and in the battle against crime. and sacrifices made by peace officers. This political parties for their efforts to work to- I also want to thank Nicole Nason on legislation will positively influence the way we gether to take risks for democracy and to the subcommittee staff for her hard view law enforcement and it will remind us of willfully pursue national reconciliation in work on this bill. Nicole is leaving the order to cement a lasting peace and to the everyday heroic acts that take place in our strengthen democratic traditions in El Sal- subcommittee, and we will certainly communities. vador; miss her service. We wish to thank her Mr. SCOTT. Mr. Speaker, I yield (5) supports Salvadoran attempts to con- for everything she has done in the past back the balance of my time. tinue their cooperation in order to ensure de- and wish her the best in the future. Mr. MCCOLLUM. Mr. Speaker, I yield mocracy, national reconciliation, and eco- Mr. Speaker, I reserve the balance of back the balance of my time. nomic prosperity; and my time. The SPEAKER pro tempore. The (6) reaffirms that the United States is un- Mr. SCOTT. Mr. Speaker, I yield my- question is on the motion offered by equivocally committed to encouraging de- self such time as I may consume. the gentleman from Florida (Mr. mocracy and peaceful development through- out Central America. Mr. Speaker, I am pleased to join my MCCOLLUM) that the House suspend the colleague from Florida (Mr. MCCOL- rules and pass the bill, H.R. 46. The SPEAKER pro tempore. Pursu- LUM) in support of H.R. 46. This bill The question was taken. ant to the rule, the gentlewoman from would establish a Public Safety Officer Mr. MCCOLLUM. Mr. Speaker, on Florida (Ms. ROS-LEHTINEN) and the Medal of Valor to be awarded periodi- that I demand the yeas and nays. gentlewoman from California (Ms. LEE) cally to a selected public safety officer The yeas and nays were ordered. each will control 20 minutes. for extraordinary valor above and be- The SPEAKER pro tempore. Pursu- The Chair recognizes the gentle- yond the call of duty. It provides for ant to clause 8 of rule XX and the woman from Florida (Ms. ROS- the Department of Justice to solicit, Chair’s prior announcement, further LEHTINEN). review, and screen nominations from proceedings on this motion will be GENERAL LEAVE the law enforcement community for postponed. Ms. ROS-LEHTINEN. Mr. Speaker, I the award. Final decisions on the f ask unanimous consent that all Mem- award would be made by a board ap- bers may have 5 legislative days within pointed by the President and congres- CONGRATULATING EL SALVADOR which to revise and extend their re- sional leadership from both parties. ON SUCCESSFUL COMPLETION marks on H. Res. 110. I am a cosponsor of the bill, along OF FREE AND DEMOCRATIC The SPEAKER pro tempore. Is there with the gentleman from Michigan ELECTIONS objection to the request of the gentle- (Mr. CONYERS) and other members of Ms. ROS-LEHTINEN. Mr. Speaker, I woman from Florida? the Committee on the Judiciary. move to suspend the rules and agree to There was no objection. Mr. Speaker, this bill passed the the resolution (H. Res. 110) congratu- Ms. ROS-LEHTINEN. Mr. Speaker, I Committee on the Judiciary by a unan- lating the Government and the people yield myself such time as I may con- imous vote. It will not only allow of the Republic of El Salvador on suc- sume. members of the law enforcement com- cessfully completing free and demo- b 1130 munity to recognize extraordinary her- cratic elections on March 7, 1999. Ms. ROS-LEHTINEN. Mr. Speaker, I oism within that profession, but will The Clerk read as follows: establish a mechanism for calling that would like to read the statement of the H. RES. 110 extraordinary valor to the attention of chairman of the Committee on Inter- the world. Whereas on March 7, 1999, the Republic of national Relations regarding this bill. El Salvador successfully completed its sec- I urge Members to vote for the bill. ‘‘The chairman of our Subcommittee ond democratic multiparty elections for on the Western Hemisphere, the gen- Ms. JACKSON-LEE of Texas. Mr. Speaker, President and Vice President since the sign- I rise today to speak on this important legisla- ing of the 1992 peace accords; tleman from California (Mr. tion to provide for a national medal for public Whereas these elections were deemed by GALLEGLY), introduced this resolution safety officers who act with extraordinary cour- international and domestic observers to be congratulating the Salvadoran people age. By passing this legislation, we continue free and fair and a legitimate nonviolent ex- on their most recent free elections. I the tradition of honoring those who exhibit pression of the will of the people of the Re- am pleased to see such a positive, bi- great courage and bravery in the line of duty. public of El Salvador; partisan expression of support for El Whereas the United States has consist- I am a proud co-sponsor of this legislation Salvador. On March 23, the Senate ently supported the efforts of the people of agreed to a similar measure, Senate to honor our nation's public safety officersÐ El Salvador to consolidate their democracy police officers, firefighters and emergency and to implement the provisions of the 1992 Resolution 73, which enjoyed strong bi- medical personnel. Each year, the President peace accords; partisan support. would award this medal to a worthy public Whereas these elections demonstrate the ‘‘It is fitting that we should con- safety officer. strength and diversity of El Salvador’s gratulate the president-elect of this Already in our small towns, counties and cit- democratic expression and promote con- country, Guillermo Flores, and vice ies, local heroes are honored for their acts of fidence that all political parties can work president-elect Carlos Quintanilla on bravery. For example in Texas, we honor cooperatively at every level of government; their electoral victory. The Farabundo and Marti National Liberation Front and peace officers and public servants who are in- Whereas these open, fair, and democratic jured in the line of duty through the Fleetwood elections of the new President and Vice its candidates, who secured 29 percent Memorial Foundation. President should be broadly commended: of the vote, were also present. The Here in Congress, we honor the extraor- Now, therefore, be it transformation of the FMLN into a po- dinary heroism and bravery of our citizens Resolved by the House of Representatives, litical party competing for power in through the Congressional Medal of Honor. That the House— open democratic elections is one of El Members of the armed services are honored (1) congratulates the Government and the Salvador’s key achievements. with the prestigious Purple Heart and Prisoner people of the Republic of El Salvador for the ‘‘It is equally fitting, Mr. Speaker, successful completion of democratic that we should recognize outgoing of War Medal. multiparty elections held on March 7, 1999, It is important to recognize the public serv- for President and Vice President; President Armando Calderon Sol. ants of our communities because so often (2) congratulates President-elect Francisco President Calderon Sol’s quiet leader- their work is overlooked. We witness the acts Guillermo Flores Perez and Vice President- ship has continued El Salvador’s suc- of heroism performed by our police officers, elect Carlos Quintanilla Schmidt on their re- cessful implementation of the 1992 H1882 CONGRESSIONAL RECORD — HOUSE April 13, 1999 peace agreement. Faced with the trials Salvadorans have made great strides Accords; and demonstrated the strength and of Hurricane Mitch and an economic toward true democracy, reaching last- diversity of the democratic process in El Sal- downturn, he has ably led El Salvador ing peace, and creating a better life for vador. in binding the wounds of more than a all Salvadorans. Since 1994, current President Armando decade of civil conflict. Moreover, I am very glad to stand here today and talk Calderon Sol has worked tirelessly to ensure President Calderon Sol will certainly about elections and democracy in El Sal- that the peace accords have been properly im- be remembered for his achievements in vadorÐinstead of civil war and death squads. plemented and that El Salvador progressed privatizing state-owned enterprises, in- When I first visited El Salvador in the 1980s, both politically and economically out of the cluding the historic privatization of El political parties only knew how to resolve their post-war era. Salvador’s pension system. problems through war. For that effort, and for the continued co- ‘‘I urge my colleagues,’’ the gen- Now, instead of firing bullets at one another, operation of the opposition FMLN leadership, tleman from New York says, ‘‘to unani- political parties argue their differences in the El Salvador should be commended. mously support H. Res. 110.’’ National Assembly, build coalitions with one Now, President-elect Francisco Flores will Mr. Speaker, I reserve the balance of another, and work together in their common lead a new government into the new century my time. interests. and I am confident he will continue the Ms. LEE. Mr. Speaker, I yield myself This election is yet another tremendous ac- progress made thus far in national reconcili- such time as I may consume. complishment. I would like to congratulate new ation and reconstruction. Mr. Speaker, I rise today in support President Francisco Flores on his election vic- We wish him well. of House Resolution 110 which con- tory, and congratulate the Salvadoran people Mr. Speaker, I believe the people of El Sal- gratulates the government and the peo- for holding a free and fair election. Each elec- vador have made great strides over the past ple of El Salvador on the successful tion, since the signing of their Peace Accords, seven years. This election serves to validate a completion of its second free and demo- has been more open and freeÐand the recent key element of that progress and reaffirms cratic election since the signing of the Presidential election continued in that pattern. their strong commitment to the democratic 1992 peace accords. I strongly commend Of course I don't want to paint too rosy a process. the gentleman from New York (Mr. picture here. Many serious problems in El Sal- I urge passage of this bill. ACKERMAN), the gentleman from New vador continue to exist. Crime is at record lev- Mr. BALLENGER. Mr. Speaker, I rise today Jersey (Mr. MENENDEZ) and the gen- els, the tremendous poverty that existed be- in support of House Resolution 110, a resolu- tleman from California (Mr. GALLEGLY) fore the war remains alarmingly high, and the tion congratulating the Government and the for bringing it forward. judicial system continues to stumble. people of the Republic of El Salvador on suc- It is appropriate to call attention to Even as we talk about a successful election cessfully completing free and democratic elec- the democratic process in El Salvador. in El Salvador today, a great deal can be ac- tions. On March 7, 1999, El Salvador held free Just a decade ago, the situation in El complished in that area as well. Better organi- and fair elections for president and vice-presi- Salvador and all throughout Central zation, a method of precinct voting, and the dent. I would like to take this time to person- America was much different than what establishment of a new election registry are ally congratulate President-elect Francisco we see today. Groups on all sides have necessary election reforms that must be ac- Guillermo Flores Perez and Vice President- dropped arms, formed political parties complished. elect Carlos Quintilla Schmidt on their recent and given the people a fair and just I challenge the Salvadoran people and their victory and their continued commitment to de- voice. We are right to pause today and government to work hard to achieve these re- mocracy. This election was yet another mile- commend El Salvador for the stunning forms, erase the poverty and inequality that stone in the normalization of the democratic transition in the past decade and their exists, and continue to work together for the process in El Salvador, and I wish to com- successful completion of transparent better of the country. mend this nation for its efforts. free and fair elections in which every- And I believe we should be there to help. I El Salvador has come a long way since the one can participate. know President Flores has many difficult chal- 1980's, when the nation was in the midst of a Now, this is not to say that all of the lenges ahead, and I look forward to working terrible civil war. Many of you will recall that problems that led to the violence of the with him to do what I can to help Salvadorans the war cost the lives of tens of thousands of 1980s are resolved. There is still much continue to move forward. With that in mind, Salvadorans and left the country in shambles. need for improvement in El Salvador. I also challenge this countryÐthe United Now, the Salvadorans have replaced bullets Turnout was much lower at this elec- StatesÐto temember our role in El Salvador. with ballots. It was the strong leadership and tion than in the last several in the As we congratulate Salvadorans on yet an- guidance, coupled with courage, demonstrated country, less than 50 percent, because other step toward democracy, I believe it is by former President Alfredo Cristiani that res- people had a difficult time getting to also time we acknowledge some of our errors cued the country and paved the way for El the polls or actually voting once they in the past, and make a stronger commitment Salvador's future. His successor, President arrived at the polls due to disorganiza- to assisting all Salvadoran people in their ef- Armando Calderon Sol, elected in a free and tion. Many low-income and poor Salva- fort to reach those democratic goals. fair contest, held the same commitment to de- dorans are also questioning whether Mr. GALLEGLY. Mr. Speaker, as Chairman mocracy and kept this nation moving forward. democracy works for them because in- of the Western Hemisphere Subcommittee, I The stark contrast between war-torn El Sal- equality and poverty still dominate. It rise in support of H. Res. 110, a bill which vador and the El Salvador of today is a tribute is the role, then, of President-Elect congratulates El Salvador on its recent Presi- to its people and its leaders. Flores to lead the way in generating dential elections. In a time where peace and unity are not al- more opportunity for Salvadorans so On Sunday, March 7, the people of El Sal- ways the goal of the majority, I believe Ameri- that the benefits of democracy and the vador went to the voting polls to choose a new cans must continue to show support for our motivation to go to the polls is felt by President and Vice-President. This election Salvadoran neighbors and their continued all citizens. We, the United States, marked the second successful Presidential progress through this long and fragile process need to maintain our commitment to election and third general election since the of democratization. I hope you will join me in the people of El Salvador. signing of the 1992 Peace Accords which congratulating El Salvador on this latest and I urge my colleagues to support this ended 12 years of brutal civil war in that small most remarkable accomplishment. resolution. country. Ms. ROYBAL-ALLARD. Mr. Speaker, as one Mr. Speaker, I yield such time as he H. Res. 110, introduced by myself and sev- of the original six cosponsors, I come to the may consume to the gentleman from eral members of the Subcommittee, congratu- floor in strong support of House Resolution Massachusetts (Mr. MOAKLEY). lates the government and the people of El Sal- 110. I wish to congratulate the Salvadoran (Mr. MOAKLEY asked and was given vador for completing this successful multiparty people and President-elect Francisco Guil- permission to revise and extend his re- election which was deemed to be free and fair lermo Florez Perez and Vice President-elect marks.) by an international observer group which in- Carlos Quintanilla Schmidt on the free and fair Mr. MOAKLEY. Mr. Speaker, I rise cluded a member of my Subcommittee staff. conduct of the Presidential elections of March today to congratulate the people of El This election, in which every registered polit- 7, 1999. Salvador on their recent election. ical party received votes, represented a clear Since the signing of the 1992 peace ac- Since the signing of the peace accords expression of the will of the people of El Sal- cords, the Republic of El Salvador has con- ended their brutal civil war in 1992, vador; reaffirmed the success of the Peace ducted two democratic elections for President April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1883 and Vice President. The peaceful and orderly CONGRATULATING QATAR FOR and say the remarks that the gen- manner in which these elections have been COMMITMENT TO DEMOCRATIC tleman from New York (Mr. GILMAN), carried out, with the participation of ten parties IDEALS AND WOMEN’S SUF- were he here, would be delivering. He is representing the entire political spectrum, is FRAGE at the White House today. I would like proof of El Salvador's commitment to democ- Ms. ROS-LEHTINEN. Mr. Speaker, I to give his remarks. racy, national reconciliation and reconstruc- move to suspend the rules and agree to Mr. Speaker, the resolution before us tion. Specifically, it demonstrates their ability the concurrent resolution (H. Con. Res. today is House Concurrent Resolution to implement the provisions of the 1992 peace 35) congratulating the State of Qatar 35, a concurrent resolution congratu- accords. and its citizens for their commitment lating the State of Qatar and its citi- The United States must continue to support to democratic ideals and women’s suf- zens for their commitment to demo- cratic ideals and women’s suffrage on the efforts of the people of El Salvador to en- frage on the occasion of Qatar’s his- the occasion of Qatar’s historic elec- sure political stability and the strengthening of toric elections of a central municipal tions of a central municipal council on the democratic process. council on March 8, 1999, as amended. This progress however is being threatened The Clerk read as follows: March 8, 1999. in the wake of Hurricane Mitch. It is para- The gentleman from New York is the H. CON. RES. 35 mount that the United States take the lead in primary sponsor of this measure and helping the region recover from the devasta- Whereas His Highness, Sheikh Hamad bin wanted to particularly thank the co- Khalifa al-Thani, the Emir of Qatar, issued a chairs of the Congressional Women’s tion of the hurricane. If it does not, we risk the decree creating a central municipal council, unraveling of a fragile democracy and a return the first of its kind in Qatar; Caucus, the gentlewoman from New to the political instability that the region experi- Whereas on March 8, 1999, the people of the York (Mrs. MALONEY) and the gentle- enced for decades and threatened our na- State of Qatar held direct elections for a cen- woman from New York (Mrs. KELLY), tional interests. tral municipal council; for their support for these elections Mr. MORAN of Virginia. Mr. Speaker, I rise Whereas the central municipal council has and their cosponsorship of this resolu- in support of this resolution congratulating the been structured to have members from 29 tion. people and government of El Salvador on the election districts serving 4-year terms; Qatar is a strong ally of the United free and democratic elections held last month. Whereas Qatari women were granted the States in the Persian Gulf and is mov- The people of El Salvador know that the right to participate in this historic first mu- ing toward the 21st century under the transition to democracy is rarely easy. How- nicipal election, both as candidates and vot- leadership of His Highness, Sheikh ers; ever, in only a few short years, El Salvador Whereas this election demonstrates the Hamad, the Emir of Qatar. That leader- has made great progress. Both international strength and diversity of the State of Qatar’s ship includes expanding the civic con- and domestic observers agree that the recent commitment to democratic expression; tribution to Qatar’s governance. multiparty Presidential and Vice Presidential Whereas the United States highly values Our colleagues will agree that the elections were free and fair. democracy and women’s rights; United States highly values democracy These elections showed the strength and di- Whereas March 8 is recognized as Inter- and women’s rights. So we were more versity of El Salvador's new democracy. They national Women’s Day, and is an occasion to than pleased to learn of the successful showed that political parties can engage in the assess the progress of the advancement of municipal elections that Qatar had type of substantive, peaceful debate that women and girls throughout the world; and conducted in which women, as well as Whereas this historic event of democratic would have been unheard of only a few years elections and women’s suffrage in the State men, were granted the right to vote ago. of Qatar should be honored: Now, therefore, and run as candidates. But the demands of democracy do not stop be it House Concurrent Resolution 35 ap- with free elections. El Salvador has shown a Resolved by the House of Representatives (the plauds the Emir of Qatar for his leader- commitment to democratic ideals by embrac- Senate concurring), That the Congress— ship and commends the citizens of ing a free press, freedom of religion, and free- (1) commends His Highness, Sheikh Hamad Qatar for participating in this impor- dom of association. Because there is no gov- bin Khalifa al-Thani, the Emir of Qatar, for tant civic function. Clearly, this elec- ernment in the world today that couldn't ben- his leadership and commitment to suffrage tion demonstrates the strength and di- and the principles of democracy; versity of the State of Qatar’s commit- efit from improvement, I encourage the people (2) congratulates the citizens of the State and government of El Salvador to seize upon of Qatar as they celebrate the historic elec- ment to democratic expression. their recent success and work toward improv- tion for a central municipal council; and House Concurrent Resolution 35 also ing their new democracy and the rule of law. (3) reaffirms that the United States is reaffirms that the United States is Mr. Speaker, dozens of nations are at a strongly committed to encouraging the suf- strongly committed to encouraging the crossroads today. Because democracies are frage of women, democratic ideals, and suffrage of women, of democratic not always neat and tidy, many will be tempt- peaceful development throughout the Middle ideals, and peaceful development ed to take the easy path. But the easy path East. throughout the Middle East. leads toward authoritarianism and inevitably to The SPEAKER pro tempore. Pursu- We therefore were pleased to learn exploitation. The path toward democracy is ant to the rule, the gentlewoman from that the Qatari Government is in the sometimes difficult and it is often unsightly. Florida (Ms. ROS-LEHTINEN) and the process of drafting a constitution. This But El Salvador's success stands out as an gentlewoman from California (Ms. LEE) document, once adopted, will cause the example of what can be accomplished by each will control 20 minutes. creation of a Qatari parliament. choosing the path toward democracy. The Chair recognizes the gentle- Mr. Speaker, in discussions with Today we congratulate those who have woman from Florida (Ms. ROS- Qatari officials, they informed us that made democracy possible in El Salvador. LEHTINEN). the State of Qatar considers the Ms. LEE. Mr. Speaker, I have no fur- GENERAL LEAVE Hashemite Kingdom of Jordan as their ther requests for time, and I yield back Ms. ROS-LEHTINEN. Mr. Speaker, I structural model. Congress therefore the balance of my time. ask unanimous consent that all Mem- looks forward to these developments Ms. ROS-LEHTINEN. Mr. Speaker, I bers may have 5 legislative days within and to maintaining and strengthening have no further requests for time, and which to revise and extend their re- its relationship with Qatar. I yield back the balance of my time. marks on this measure. House Concurrent Resolution 35 cele- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there brates an important milestone in the EWING). The question is on the motion objection to the request of the gentle- development of Qatar, and I urge our offered by the gentlewoman from Flor- woman from Florida? colleagues to join me in extending our ida (Ms. ROS-LEHTINEN) that the House There was no objection. congratulations to all its citizens by suspend the rules and agree to the reso- Ms. ROS-LEHTINEN. Mr. Speaker, I lending their support to this important lution, House Resolution 110. yield myself such time as I may con- resolution. The question was taken; and (two- sume. Mr. Speaker, I reserve the balance of thirds having voted in favor thereof) (Ms. ROS-LEHTINEN asked and was my time. the rules were suspended and the reso- given permission to revise and extend Ms. LEE. Mr. Speaker, I yield myself lution was agreed to. her remarks.) such time as I may consume. I rise in A motion to reconsider was laid on Ms. ROS-LEHTINEN. Mr. Speaker, I support of House Concurrent Resolu- the table. would like to enter into the RECORD tion 35, regarding the recent historic H1884 CONGRESSIONAL RECORD — HOUSE April 13, 1999 elections of a central municipal coun- step toward democracy directly benefits the these, about 75,000 are eligible (over age 18 cil in Qatar, and I strongly commend United States because it leads us toward sta- and not a member of the police or military the cochairs of our Women’s Caucus, bility and peace. It is important for our nation force.) Approximately 23,000 registered, which the gentlewoman from New York (Mrs. to support the democratic steps of our allies in was split almost 50±50 between men and MALONEY) and the gentlewoman from the Persian Gulf. women. New York (Mrs. KELLY), who traveled It is important to remember that democracy I saw our American embassy in Qatar, to Qatar to monitor these elections. is a journey, not a destination. With the his- which was recently evacuated. It stoodÐex- Mr. Speaker, the decree issued by the toric step of allowing both men and women to posed and vulnerableÐright on a busy inter- Emir of Qatar establishing the central participate in its first-ever municipal elections, section. Our embassy workers are currently municipal council was the first of its Qatar has taken the first step toward embrac- working in makeshift areas, some are even kind. The council was structured to ing democracy. working out of their homes. I hope that work have members from 29 election dis- The Emir, Sheikh Hamad bin Khalifa al- on the new embassy continues, and that our tricts serving 4-year terms. For the Thani, is committed to democracy and has state department personnel will soon be able first time in Qatar history, open elec- even talked of continuing towards democracy to work in a safer environment. tions were ordered and in an unprece- by having an elected parliament. He has al- In Lebanon, 3 of 128 Members of Par- dented decision women were granted ready made great strides in education and liament are women. One of them is Mouauad the right to participate both as can- economic development. I was proud to rep- Naela whose daughter lives in New York City. didates and as voters. While these elec- resent the United States and meet with mem- Mrs. KELLY. Mr. Speaker, first I would like tions were at the municipal level, they bers of Parliament from United Kingdom, to thank Chairman GILMAN, and Ranking Mem- were an important expression of a com- France, Germany, Lebanon, Jordan, Morocco, ber GEJDENSON for giving me time to share my mitment to democratic ideals and the Oman and KuwaitÐwho came to witness support for H. Con. Res. 35, as well as obser- first step toward advancing women’s these historic elections. vations from my trip to Qatar last month. rights in the region. The elections took I was impressed by how carefully planned I recently visited Qatar with my colleague, place on March 8, 1999, a day also cele- the election was. Two hundred and forty-two CAROLYN MALONEY, to witness their historic brated as International Women’s Day, candidates ran in 29 election districts to serve election on March 8, and lend encouragement further emphasizing the significance of four-year terms on a central municipal council. to the process that they are beginning. While women’s suffrage. It is important for Six women ran for office. While none of the we were in Qatar, we had the opportunity to the United States Congress to recog- women won, Dr. Wadha Al Suwaidi came in meet with the women candidates and Qatari second in her district by only 28 votes to Nas- nize this historic event and to support citizens, as well as the Minister of Municipal ser Faleh al Dosari. it as a turning point towards democ- Affairs, the Foreign Minister and the Emir's I had the opportunity to meet with many racy and equal rights for women in wife, Shaykha Mouza who has been a leader candidates. They were well educated, and well in the effort to bring American institutions of Qatar. prepared. Many had very impressive creden- higher education to Qatar in addition to orga- Mrs. MALONEY of New York. Mr. Speaker, tials as ambassadors, teachers, and each had nizing the municipal council elections, which I am pleased to be here today in support of H. prepared a platform of issues on everything took place on March 8. Con. Res. 35 to honor the State of Qatar and from libraries, bridges, and garbage to parks, its citizens on the historic elections that took In many countries in that region, women nurseries, and recycling. lead very sheltered lives and are unable to do place there on March 8. I am pleased to have The scene on election day was extraor- many activities that we take for granted. this opportunity to share my recent experi- dinary. It looked a lot like an American elec- Women are often unable to drive, much less ences in Qatar. tion, complete with banners, posters and cam- I had the great honor to travel to this Per- paign materials. The election was held on a go on to study in college. In Qatar, we saw sian Gulf country as an election observer with national holiday and schools and many busi- women doing these things. We saw them ev- my colleague SUE KELLY, with whom I serve nesses were closed. Many schools were used erywhere you would expect to see women as co-chair of the Women's Caucus. as polling places, and candidates set up near- here in the U.S. interacting in a perfectly nor- This marks an historic step toward women by tents to continue campaigning throughout mal way, the same way that we do in many having seats at all tables, not only the kitchen the day. instances. This is rather progressive stance for table, but the peace table, the economic de- We saw many long lines in Qatar, and there many countries in this region. velopment table, and international affairs table. was a better than 95 percent voter turnout of On election day, as I traveled with other All of these opportunities begin with full voting the registered voters. It reminded me of the members of the delegation to the election privileges for both men and womenÐa first long lines seen during South Africa's first elec- sites, I was quite pleased to see the wide- among the Gulf Cooperation Council countries tion with people standing in lines for hours in spread support for the elections and the can- of the world. the hot sun. didates. The election sites were full of life. By comparison, Kuwait has an elected par- It was a very fair election. They even sealed Campaign materials and supporters were liament which exercises limited legislative and the ballot boxes with wax during prayer abundant. Qataris were lined up waiting to oversight powers, but women are not allowed breaks. have their chance to cast their vote. What is to vote. I met with many of the candidates. One of more, I think that there are lessons we could Oman has an elected Consultative Council, the female candidates who I met, Mouza learn from the candidates in Qatar as they sat however only selected male and female citi- Abdullah Al-Maliki, has been working for the together, sharing coffee with each other, each zens are enfranchised and the Sultan retains vote for several years. In 1993, she was part wishing the other success, even though they the final say over the composition of the of a group that petitioned the previous Emir for were running against one another. They were Council. the vote. She is very grateful to have the vote. there together celebrating the beginnings of Bahrain had an elected parliament which She told me, ``It means democracy, it means democracy and representation. was dissolved by the Emir in 1975. freedom, it means awareness for women in all I also thought that the elections were well The United Arab Emirates (UAE) and Saudi aspects of her life.'' organized, those who worked at the polling Arabia have no elected institutions. To celebrate the first ever direct elections in sites did so with the dignity and excitement I congratulate the citizens of Qatar on this which women have been allowed to participate one would expect for a nation's first endeavor important step for women. It took America 145 in the Gulf, it is important that we pass H. towards democracy. years to give women the right to vote; it took Con. Res. 35 congratulating Qatar on its his- I realize that there has been concern about Qatar only 27 years. It is wonderful to see toric elections. I hope that we will be able to the relatively low number of people eligible to Qatar giving rights to women while other coun- move this bill quickly to show America's sup- vote in the elections. There are approximately tries like Afghanistan are taking them away. In port for democracy and universal suffrage 160,000±180,000 citizens in the nation. Just Afghanistan, women and girls are not per- throughout the world. as in the United States there is eligibility cri- mitted to work or to go to school, and they ADDITIONAL FACTS teria for voting. In order to be able to vote, you have limited access to health care or prenatal Dr. Wadha al Suwaidi came in second in must be the daughter or son of a father who care. her district by only 28 votes to Nasser Faleh is a Qatari citizen and was born and raised We live in a world economy and we must al Dosari. This is very significant because 50 there. As in the U.S., 18 is the minimum vot- recognize that elections and democracy help women in her district didn't vote. ing age, and the last criteria is, interestingly us in our shared world. An elected govern- Of the approximately 600,000 people in the enough, that the person cannot be a member ment is a more stable government. Qatar's country, there are 150,000 Qatari citizens. Of of the military or be employed by the Ministry April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1885 of the Interior. The Qataris have concerns Member offering an amendment has caused less than $300; that they are thought of about mixing politics and their military forces. it to be printed in the portion of the Con- as microenterprises as opposed to small The final number of those eligible to vote has gressional Record designated for that pur- businesses. Microenterprises are the pose in clause 8 of rule XVIII. Amendments not been reported. However, we do know that economy of the very poorest segment so printed shall be considered as read. The of the economy in developing coun- of the approximate 22,000 people registered chairman of the Committee of the Whole to vote, approximately 45% were women. may: (1) postpone until a time during further tries, and estimates of their number The queen, Shaykha Mouza spoke to the consideration in the Committee of the Whole range from one-third to perhaps one- issue of the careful balance that needs to be a request for a recorded vote on any amend- half of the world’s businesses. struck between the traditional, conservative ment; and (2) reduce to five minutes the min- Microenterprises have been an area aspects of their society and the drive to move imum time for electronic voting on any post- of interest for U.S. foreign assistance towards a parliamentary democracy. This is poned question that follows another elec- for many years. In 1994, the USIA, tronic vote without intervening business, only the first election for a municipal council USAID, formally launched the micro- provided that the minimum time for elec- enterprise initiative in partnership which is advisory in nature, but it is a valid tronic voting on the first in any series of step. I believe that it is important for us and with Congress to expand funding for questions shall be 15 minutes. At the conclu- that department’s microenterprise pro- for Qatar, that we pass this resolution con- sion of consideration of the bill for amend- grams. The summit’s goal for that year gratulating the Emir's efforts on behalf of his ment the Committee shall rise and report was to target half of the microenter- nation. the bill to the House with such amendments prise resources to serve the poorest As we all know, governing is a difficult task. as may have been adopted. The previous with loans under $300. It is a deliberative and often slow process, but question shall be considered as ordered on the bill and amendments thereto to final The ability to obtain credit is one of the important thing is that the process moves passage without intervening motion except the most important factors in starting forward. We need to salute and congratulate one motion to recommit with or without in- or expanding a microenterprise. Often this nation for their step forward and encour- structions. these loan amounts are so low that a age them to continue on their journey to the b 1145 commercial bank would not find them great experiment called democracy. profitable, or an entrepreneur has very The SPEAKER pro tempore (Mr. Mr. Speaker, I yield back the balance little in the way of collateral, so the Ewing). The gentleman from Florida of my time. bank would consider them too risky. (Mr. DIAZ-BALART) is recognized for 1 Ms. ROS-LEHTINEN. Mr. Speaker, I Yet most micro-loan institutions boast hour. yield back the balance of my time. repayment rates of 97 percent or bet- Mr. DIAZ-BALART. Mr. Speaker, for The SPEAKER pro tempore. The ter, putting them at least on a par with purposes of debate only, I yield the cus- question is on the motion offered by major banks who lend to more affluent tomary 30 minutes to the gentleman the gentlewoman from Florida (Ms. and traditional borrowers. I believe from Ohio (Mr. HALL), pending which I ROS-LEHTINEN) that the House suspend that supporting microentrepreneurs is yield myself such time as I may con- the rules and agree to the concurrent an excellent investment in dramati- sume. During consideration of this res- resolution, House Concurrent Resolu- cally improving the quality of life of tion 35, as amended. olution, all time yielded is for the pur- millions throughout the world. Pro- The question was taken. pose of debate only. viding access to loans can help low-in- House Resolution 136 is an open rule Ms. ROS-LEHTINEN. Mr. Speaker, come entrepreneurs expand their in- providing for the consideration of H.R. on that I demand the yeas and nays. ventory or even hire additional em- 1143, the Microenterprise for Self-Reli- The yeas and nays were ordered. ployees and can truly enhance a per- The SPEAKER pro tempore. Pursu- ance Act of 1999. The purpose of the son’s self-esteem by giving him or her ant to clause 8 of rule XX and the legislation is to establish a program to a genuine opportunity in life. Chair’s prior announcement, further provide assistance for programs of In addition, microfinance can serve proceedings on this motion will be credit and other financial services for as a powerful tool for building a more postponed. microenterprises in developing coun- inclusive financial sector which serves f tries. The rule provides for the cus- the broad majority of the world’s popu- tomary 1 hour of general debate, equal- lation, including the very poor and MICROENTERPRISE FOR SELF- ly divided and controlled by the chair- women, and thus generates more social RELIANCE ACT OF 1999 man and ranking minority member of stability and prosperity. This legisla- Mr. DIAZ-BALART. Mr. Speaker, by the Committee on International Rela- tion states that the United States direction of the Committee on Rules, I tions. should coordinate among the G–7 na- call up House Resolution 136 and ask The rule waives clause 4(a) of rule tions to bolster support for the micro- for its immediate consideration. XIII requiring a 3-day layover of the enterprise sector by leveraging our in- The Clerk read the resolution, as fol- committee report against consider- vestment with that of other donor na- lows: ation of the bill. In addition, the rule tions. provides that the bill shall be read by H. RES. 136 H.R. 1143 appropriately makes micro- section. The rule permits the Chair to Resolved, That at any time after the adop- enterprise development an important tion of this resolution the Speaker may, pur- grant priority in recognition to Mem- component of U.S. foreign economic suant to clause 2(b) of rule XVIII, declare the bers who have preprinted their amend- policy and assistance by expanding on House resolved into the Committee of the ments and considers them as read. the commitment of the USAID in its Whole House on the state of the Union for Further, as has become standard 1994 microenterprise initiative. I be- consideration of the bill (H.R. 1143) to estab- practice in this Congress, the Chair is lieve that in improving the access of lish a program to provide assistance for pro- allowed to postpone recorded votes and the poorest, especially women, to much grams of credit and other financial services to reduce the time for electronic vot- needed financial resources in devel- for microenterprises in developing countries, ing on postponed votes, and finally the oping countries will lead to the devel- and for other purposes. The first reading of rule provides for one motion to recom- the bill shall be dispensed with. Points of opment of free, open and equitable order against consideration of the bill for mit with or without instructions. international economic systems and failure to comply with clause 4(a) of rule Mr. Speaker, to keep with our record contribute to the spread of freedom and XIII are waived. General debate shall be con- of fair rules for the 106th Congress, I human dignity in the world. fined to the bill and shall not exceed one am pleased to report that this resolu- I would like to commend the gen- hour equally divided and controlled by the tion is yet another open rule that af- tleman from New York (Mr. GILMAN), chairman and ranking minority member of fords any Member the opportunity to the gentlewoman from Florida (Ms. the Committee on International Relations. offer any germane amendments. ROS-LEHTINEN), my dear colleague from After general debate the bill shall be consid- House Resolution 1143 is much needed the Committee on Rules, the gen- ered for amendment under the five-minute legislation to enhance credit opportu- rule. Each section of the bill shall be consid- tleman from Ohio (Mr. HALL), and the ered as read. During consideration of the bill nities for microenterprises in devel- others who have worked so hard on this for amendment, the chairman of the Com- oping countries. These businesses are legislation for their efforts in bringing mittee of the Whole may accord priority in so small, 10 or fewer employees, and this very important bipartisan bill for- recognition on the basis of whether the the average loan is so low; most are ward. I strongly support H.R. 1143 and H1886 CONGRESSIONAL RECORD — HOUSE April 13, 1999 urge all of my colleagues to support floor. Special thanks is also due to the Mr. Speaker, Ronald Reagan once both this open rule and the underlying gentleman from New York (Mr. HOUGH- said that part of our foreign policy to important bill. TON) for his instrumental leadership on maintain peace abroad was to promote Mr. Speaker, I urge my colleagues to this issue. market-oriented solutions to inter- support the rule. The bill is very similar to a measure national problems, telling the story Mr. Speaker, I reserve the balance of that was introduced by the gentleman abroad of America’s free enterprise my time. from New York (Mr. HOUGHTON) and way of life. As the United States leads Mr. HALL of Ohio. Mr. Speaker, I myself in the 105th Congress. An the way in developing a new global fi- yield myself such time as I may con- amended version of the bill passed the nancial architecture, I believe that sume. House on a 393 vote to 21, but it got microenterprise will play an indispen- Mr. Speaker, I want to thank my col- stalled in the Senate. I am particularly sable role in that quest. league, the gentleman from Florida pleased that today’s bill very closely Mr. Speaker, I strongly support this (Mr. DIAZ-BALART), for yielding me the resembles the original Amo Houghton rule, and I urge my colleagues to sup- time. bill and Hall bill from the last Congress port the legislation as it moves for- This is an open rule. It will allow for than the version which passed the ward. full and fair debate on H.R. 1143 which House. Mr. HALL. Mr. Speaker, I yield 2 is called the microenterprise bill for No U.S.A. program is more effective minutes to the gentlewoman from self-reliance. It is an act of 1999 of in assisting poor people to end their Texas (Ms. JACKSON-LEE). which I am proud to be an original co- own poverty than microenterprise de- (Ms. JACKSON-LEE of Texas asked sponsor. velopment. The dollars have a multi- and was given permission to revise and As my colleague from Florida has de- plier effect since they are recycled to extend her remarks.) scribed, this rule provides for 1 hour of new beneficiaries when loans are re- Ms. JACKSON-LEE of Texas. Mr. general debate to be equally divided paid. Speaker, I thank the gentleman from and controlled by the chairman and This bill is a good bill, and it will im- Ohio very much for yielding this time ranking minority member of the Com- prove the lives of many of the world’s to me, and I ask to be able to speak for mittee on International Relations. poor with a minimum of cost. It is an 2 minutes. The rule permits amendments under open rule that was adopted by a voice Mr. Speaker, let me thank the gen- the 5-minute rule, which is the normal vote of the Committee on Rules. I urge tleman from Ohio (Mr. HALL) for this amending process in the House. All adoption of the rule and of the bill. time and join in by applauding this Members on both sides of the aisle, Mr. DIAZ-BALART. Mr. Speaker, I rule and, as well, acknowledging the vi- they will have the opportunity to offer yield such time as he may consume to tality of the microenterprise program germane amendments. the gentleman from California (Mr. in developing nations. According to the This is a bipartisan bill that reflects DREIER), the distinguished chairman of World Bank, more than 1.2 billion peo- broad congressional support. the Committee on Rules. ple in the developing world, or one- A microenterprise is a small business (Mr. DREIER asked and was given fifth of the world’s population, as we with as few as one or as many as ten permission to revise and extend his re- have just heard the previous speaker employees. Loans to these companies marks.) acknowledge, lives on less than $1 a Mr. DREIER. Mr. Speaker, I rise in or small businesses are among the day, and for Americans that is obvi- strong support of this rule, and I would most cost-effective ways to help the ously a stark figure and a shocking fig- like to thank my friend from Miami, poor lift themselves out of poverty. ure. But at the same time there is Florida (Mr. DIAZ-BALART) for yielding I became familiar with the potential hope, there is genuine desire to do bet- me this time. of microenterprise to reduce poverty ter, and particularly for those small The underlying bill is vital to the businesses and small-opportunity indi- because of the House Select Committee economic growth of developing coun- on Hunger, and I used to chair the viduals in developing nations. tries. H.R. 1143 is a bipartisan bill co- Wherever one goes and visits, wheth- international task force of the com- sponsored by my friend from Dayton, er or not it is the continent of Africa, mittee, and later I was chairman of the Ohio (Mr. HALL), and a number of oth- whether or not it is in South America full committee. The Hunger Committee ers and is designed to provide assist- that is close to Texas and Central held hearings, we issued reports, we ance for programs of credit and other America, they will find those individ- conducted public forums to inform financial services for microenterprises uals that simply say, ‘‘If you’ll give me Congress and the public on the impor- in developing countries. a fishing rod instead of a fish, I can tance of microcredit to reducing hun- For a number of years I have been make a difference.’’ ger and poverty around the world. In proud to be a supporter of microenter- We had an opportunity in the session, one report the Hunger Committee con- prise programs. I support H.R. 1143 be- the work recess session, to join a presi- cluded that small loans to microenter- cause it moves us forward and sets the dential mission dealing with the trag- prises can significantly raise the living direction for the future of microenter- edy of HIV AIDS in Africa. Interest- standards of the poor, increase food se- prise programs. ingly enough, one would ask how does curity and bring about sustainable im- One of the most important elements the microenterprise program deal with provements in local economies. The of this legislation is the requirement to the question of HIV AIDS? Mr. Speak- committee further concluded that increase the amount of assistance de- er, the real issue along with the trag- credit to microenterprises is one way voted to credit activities designed to edy of AIDS, and prevention, and edu- to help end the cycle of poverty and reach the poorest sector in developing cation, the impact on children, the hunger among urban and rural landless countries and to improve the access to number of offerings that will come poor in developing countries. The bill the poorest, particularly women, to about because of the tragedy of AIDS before us today strengthens and en- microenterprise credit in developing in Africa, is the idea of giving commu- hances the United States leadership in countries. We have been informed by nities an opportunity to self invest and the field of microenterprise develop- the World Bank that more than 1.2 bil- to create businesses where they can ment to fight hunger and poverty in lion people in the developing world, stay in these rural areas as opposed to one-fifth of the world’s entire popu- the world. traveling from place to place. I want to congratulate the distin- lation, subsists on less than $1 a day. guished chairman, the gentleman from Today this Congress sends a message b 1200 New York (Mr. GILMAN), the ranking that America not only supports the po- We met, for example, an elderly minority member, the gentleman from litical and religious freedom of all peo- grandmother who was taking care of a Connecticut (Mr. GEJDENSON) of the ple, but also advocates the economic number of her grandchildren due to the Committee on International Relations freedom of people in nations across this tragedy of them losing their parents to for their commitment to microenter- globe. The bill will make microenter- HIV/AIDS. prise and other poverty alleviation pro- prise development an important ele- Mr. Speaker, one might find it curi- grams and for their hard work in bring- ment of United States economic policy ous and interesting, but she was mak- ing this important legislation to the and assistance. ing banana beer. Part of her efforts April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1887 were through the support of USAID. Of Policy and Trade of the Committee on ing in the human spirit and the desire course, many of these programs inter- International Relations. of the world’s poor to use their cre- act, but the enterprise program im- Ms. ROS-LEHTINEN. Mr. Speaker, I ativity, their talents and their skills to pacts on giving opportunity to those thank my colleague, the gentleman control their own destiny. who have ideas to ensure that there is from Florida (Mr. DIAZ-BALART) for For the future welfare of the men, a return on their investment. yielding me this time. women and children worldwide who In February 1997, a global micro- Mr. Speaker, I rise in support of the suffer the pain inflicted by poverty, I credit summit was held in Washington resolution before us, H.R. 1143. As we ask my colleagues to vote in favor of to launch a plan to expand access to look at the reports issued by the World H.R. 1143. credit for self-employment to the 100 Health Organization, which document, Mr. HALL of Ohio. Mr. Speaker, I million of the world’s poorest families as we have heard, that one-fifth of the yield 4 minutes to the gentleman from by 2005. I cannot imagine us in any way world’s population lives in extreme California (Mr. FILNER). doing something more effective, more poverty and that poverty is one of the Mr. FILNER. Mr. Speaker, I thank efficient and more far-reaching than to leading causes of death worldwide, the the gentleman from Ohio (Mr. HALL) help those individuals who wish to help problem of how to help poor families for yielding me this time. themselves in developing nations. One appears so immense and widespread Mr. Speaker, I, too, rise in support of of the points we have heard is that we that it seems impossible to manage. H.R. 1143, which establishes assistance to microenterprise programs in devel- do want to build our economy. This, Mr. Speaker, is where micro- Mr. Speaker, I would simply say that credit comes in. It is a new vision for oping countries. This bill is very im- I support the microenterprise program ending world poverty and it provides portant for a number of reasons which and hope that we can continue to ex- access to credit for the world’s poor to we have already heard. It establishes in pand it. convert their ideas into thriving small law our support for microenterprise. Mr. Speaker, I rise in support of the open businesses. People like Salomie Chung Congress has not provided full author- ization up until now for microenter- rule for H.R. 1143, a bill to assist microenter- and Elisa Crespo from my hometown of prises in developing countries. prises in developing countries. This bill will au- south Florida, who with the assistance Second, this bill sets aside increased of Kathleen Gordon of Working Capital thorize grant assistance to further the develop- resources for microenterprise programs ment of microenterprises in developing coun- Florida and Gail Neumann of Results- for the next 2 years. tries. The grants are to be provided to busi- Miami no longer need to worry about Third, it ensures that half of the nesses, governments and other organizations survival and basic existence because funding goes to programs which serve in both the United States and abroad to ex- they are now successful entrepreneurs. the very poor in loans of $300 or less. I pand the availability of financial services, cred- These are just a few domestic exam- recently saw some of these programs in it and training for microentrepreneurs. In this ples, but microcredit is now at work in Petra in Jordan, and in Marrakesh in manner these grants will assist the poorest of some form in over 40 countries. Morocco. the poor in their endeavors to expand their in- Overall, the rate of repayment of the I have been a longtime supporter of comes and their businesses. more established programs ranges from microenterprise lending. Several years The most recent statistics provided by the 95 to 99 percent. Foreign assistance ago, my senior legislative assistant World Bank, indicate that 1.2 billion people in used under the microcredit program is went to Bangladesh to view the the developing world, or one-fifth of the loaned and paid back with interest and Grameen Bank and microenterprise at world's population, subsist on less than $1 a is then recycled and used for new loans, work in that country. As many know, day. That is right, they live on less than $1 a thus, reaching even more of the world’s the Grameen Bank was one of the first day. Women in poverty generally have larger poor. to establish such a program and to workloads and less access to educational and Microcredit is an economically viable make microloans available to the poor- economic opportunities than their male coun- program which furthers U.S. develop- est of the poor. terparts. This in turn means that women in ment goals and humanitarian purposes, The premise of the Grameen Bank these countries lack stable employment and but it needs our unequivocal support to and other microenterprise programs is frayed social safety nets. continue its mission and to build on its that the capitalist system in these Many in the developing world turn to self- success. countries does not have to be only for employment to generate their livelihoods. I That is the objective, Mr. Speaker, of the rich, and credit should be seen as a know first hand, from my trips to Africa that a the bill before us, House Resolution human right. If we are looking for one large percentage of the workers are self-em- 1143. It expands upon previous legisla- single action that will enable the poor ployed. The poor have shown remarkable tion and ensures that at least one-half to overcome their poverty, we should courage in the face of poverty and have dem- of overall resources allocated for choose credit. Charity and handouts onstrated an uncanny ability to expand their microcredit within USAID are to be di- help maintain and deepen poverty by incomes and business when they have access rected to programs serving the poorest taking away initiative. Human beings to loans at reasonable rates. of the poor with loans under $300. This thrive on challenges, not on charity. It is the unfortunate truth that entrepreneurs could mean that tens of thousands The Grameen Bank is now owned by are frozen in poverty because they cannot ob- more of the poorest will have the op- the poor people of Bangladesh and it tain sufficient credit at reasonable rates to portunity to empower themselves out works exclusively with poor people. build their asset base or expand their other- of the state of poverty that they are The less one has, the higher priority wise viable self-employment activities. It is not currently in. one has for loans. If one has nothing, unusual for interest rates to be as high as 10 The bill before us helps to guarantee they get the highest priority. percent per day. the survival of programs which are en- Ninety percent of the shares are Similar measures have already proven suc- dangered by crises beyond the control owned by the borrowers. The board of cessful in these developing countries. Non- of the programs and of the borrowers. directors consists of 13 members, nine governmental organization such as the It calls for further action and initiative of whom are elected by the borrowers Grameen Bank in Bangladesh, in Kenya, and to be explored to help enhance the de- and shareholders. It serves over 2.4 mil- networks such as Accion International, have velopment of microcredit institutions. lion borrowers, and the payback rate is been particularly successful in lending to poor- As H.R. 1143 states, the development 98 percent, money which can then be est of the poor. This measure helps both the of microenterprise is a vital factor in re-lent to others. So far, this program business and the individual to develop a the stable growth of developing coun- has lent out and has been repaid with sense of accomplishment. tries and in the development of free, over $2 billion in Bangladesh alone. I urge members to support this open rule open and equitable international eco- There are many examples of how which allows for bipartisan debate. nomic systems. these microloans have changed the life Mr. DIAZ-BALART. Mr. Speaker, I It is, therefore, in the best interest of of the borrower. My legislative assist- yield 5 minutes to the gentlewoman the U.S. and of the United States Con- ant spoke to a woman in a village in from Florida (Ms. ROS-LEHTINEN), the gress to support its growth and its ex- central Bangladesh. Five years earlier distinguished chairwoman of the Sub- pansion. By supporting H.R. 1143 and when she was living in complete pov- committee on International Economic microcredit in general, we are invest- erty with her six children starving, she H1888 CONGRESSIONAL RECORD — HOUSE April 13, 1999 turned with some hesitation to the A motion to reconsider was laid on with the administration, including AID Grameen Bank. the table. and the First Lady’s office, to Five years after her first loan, she The SPEAKER pro tempore (Mr. strengthen microfinance programs. We graciously invited my assistant into GILLMOR). Pursuant to House Resolu- will recall the President’s visit to her home, introduced her children who tion 136 and rule XVIII, the Chair de- Uganda where he visited a micro- are all in school, and proudly showed clares the House in the Committee of finance project and declared that this off the cow that she had bought and the the Whole House on the State of the was one of the most successful ways to material she retails to support her Union for the consideration of the bill, help the poor in developing countries family. H.R. 1143. to work their way out of poverty. Mr. Chairman, this bill accomplishes The first years were not easy. In fact, b 1211 she told of selling the milk from her several key goals. First, it contains the cow when her children were still hun- IN THE COMMITTEE OF THE WHOLE essential language that half of all gry, but she knew she had to repay the Accordingly, the House resolved microenterprise resources go directly bank loan to get another one and she itself into the Committee of the Whole to support programs that provide $300 knew that that was the way out of her House on the State of the Union for the loans or lower to the poorest of the poverty. consideration of the bill (H.R. 1143) to poor. As my assistant left, she asked for establish a program to provide assist- This requirement traces back to the her to pray that there would be no ance for programs of credit and other highly successful microcredit summit more widows in her village because life financial services for microenterprises convened by Results to dedicate the for a widow is just too hard. in developing countries, and for other international community to reaching In a neighboring village, a young purposes, with Mr. EWING in the chair. half of the world’s poor with credit pro- woman of 26 owned two goats, one cow, The Clerk read the title of the bill. grams by the year 2005. The CHAIRMAN. Pursuant to the ten hens and two acres of land and was b rule, the bill is considered as having 1215 earning twice the national average in- been read the first time. The bill adds a new section to the come. Her son was in the eighth grade Under the rule, the gentleman from Foreign Assistance Act governing in a country where not quite half the New Jersey (Mr. SMITH) and the gentle- grants to microfinance institutions, children complete the fifth grade. She woman from California (Ms. LEE) each authorizing $152 million in appropria- had had a hard life as she was aban- will control 30 minutes. tions for fiscal year 2000 and $167 mil- doned at 3 months by her parents, The Chair recognizes the gentleman lion for fiscal year 2001. raised by a neighbor, married at 12, from New Jersey (Mr. SMITH). I will note that these are consensus abandoned again at 13, this time by her (Mr. SMITH of New Jersey asked and figures of the Microenterprise Coali- husband when she was pregnant. She was given permission to revise and ex- tion, advocacy and practitioners alike, had never earned more than $37 a year tend his remarks.) and they are not strongly opposed by and owned no land. Mr. SMITH of New Jersey. Mr. Chair- the administration. After her visit to the Grameen Bank, man, I yield myself such time as I may The bill authorizes the micro and she began her own career which al- consume. small credit program of AID that has lowed her children to get to school and Mr. Chairman, many of us have heard helped many microentrepreneurs grow her to have a living wage. or seen the phenomenal success of from small- to medium-sized busi- Replicated throughout the world and microenterprise programs around the nesses. The bill has also two major new now in the United States also, micro- world. These programs reach the poor- sections that lay the foundation for the credit programs are working to elimi- est of the poor with small loans that future growth of the microfinance sec- nate poverty worldwide. Working in help them to work their way out of tor. partnership with groups like Results, poverty. First, at the suggestion of the gen- they have set a goal of reaching 100 The record of these programs is im- tleman from Connecticut (Mr. GEJDEN- million of the world’s poorest families. pressive, with the poorest clients re- SON), the bill establishes a micro- This bill is very important. It is a paying their loans at rates between 95 finance loan facility to help rescue in- crucial piece that will help us reach and 98 percent. Unlike other assistance stitutions which the U.S. taxpayer has our world and national goals. I urge my programs, we do not give funds away. supported with liquidity and support to colleagues to support H.R. 1143. We lend them to people once consid- prevent collapse. Mr. HALL of Ohio. Mr. Speaker, I ered the worst credit risks on earth. We have all witnessed the destruc- yield myself such time as I may con- Microenterprise programs proved tion caused by Hurricane Mitch in Cen- sume. that with access to credit, the poor can tral America. The destruction nearly Mr. Speaker, I would just say that repay their loans and work their way caused the collapse of several key the rule is open and it is a very, very out of poverty. microfinance institutions that the U.S. good bill. This bill provides a lot of re- The bill before the House is a result helped to build from the ground up. lief, a lot of help for hundreds of thou- of almost 4 years of consensus building The ad hoc rescue package assembled sands of people across the world. We between the gentleman from New York by Brian Atwood at AID rescued these even do microenterprise very well in (Mr. GILMAN) and the ranking Demo- institutions so they can now head to some States in our own country. It is a cratic member, the gentleman from recovery. very good policy. I urge its adoption. Connecticut (Mr. GEJDENSON). We have also had other near col- Mr. Speaker, I yield back the balance The gentleman from Connecticut lapses, and the facility will help ad- of my time. (Mr. GEJDENSON) and the gentleman dress these emergencies in a more sys- Mr. DIAZ-BALART. Mr. Speaker, I from New York (Mr. GILMAN) and many tematic way. yield myself such time as I may con- of us have worked for a number of Secondly, the bill calls for a number sume. years on microenterprise development of reports by the President to lay out Mr. Speaker, I fully agree with the programs from their first beginnings at the future growth of these institutions, gentleman from Ohio (Mr. HALL) and the Grameen Bank in Bangladesh to including a Federal charter. Using all the speakers who have so elo- today when microfinancing institu- these reports, we hope to lay out a road quently portrayed why the underlying tions are some of the largest lenders in map for the growth of the microfinance legislation is so important and why we many developing countries. section over the next 10 years. need to move forward with it today. I The bill also builds on the work in This legislation has 26 original co- also support the rule. It is a fully open the last Congress, the Houghton-Hall sponsors and has been endorsed by the rule. bill. The authors of that legislation Microenterprise Coalition, including Mr. Speaker, I yield back the balance will recognize that much of the lan- RESULTS and FINCA. It is my under- of my time, and I move the previous guage in this bill came directly from standing that the administration has question on the resolution. their bill. moved mightily and now has only some The previous question was ordered. This legislation started as a renewal concerns with the legislation, and does The resolution was agreed to. of our bipartisan cooperative effort not oppose its adoption today. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1889 The gentleman from Connecticut concessional loans to United States- ventory was. It was a little grocery (Mr. GEJDENSON) and the gentleman sponsored microfinance institutions to store by then. She had $7,000 worth of from New York (Mr. GILMAN) and I prevent bankruptcy caused by natural groceries there. have one amendment that will make disasters, national wars, civil conflict, All of this was done by small loans some technical changes to the bill, to or national financial crises. The facil- that were immediately paid back. its loan facility, that were worked out ity would be supervised by representa- Their loan qualities were unbelievable with AID. Other than that, I am not tives of the Department of the Treas- the way they paid it back, just as the aware of any other amendments that ury, AID, and two representatives from statistics have already shown. I would will be offered today. the NGO community. It requires the just like to recommend highly that I urge the support of this legislation. President to prepare a report to Con- this is a wonderful program and we It is a good bill. gress on the most cost-effective meth- ought to do something about it. Mr. Chairman, I reserve the balance ods for increasing the access of poor In many impoverished countries of my time. people to credit, other financial serv- there are no secure financial institu- Ms. LEE. Mr. Chairman, I yield my- ices, and related training. tions where people can apply for loans, self such time as I may consume, and I I urge my colleagues to support this no training facilities to teach people a rise in support of H.R. 1143. bill. trade, and no encouraging signs of Mr. Chairman, this legislation is a Mr. Chairman, I reserve the balance growth and prosperity. The micro- product of many years of hard work on of my time. enterprise programs make these re- behalf of microenterprise. I want to Mr. SMITH of New Jersey. Mr. Chair- sources available, and allow people who thank the ranking member, the gen- man, I yield such time as he may con- once had no hope of sustaining a liv- tleman from Connecticut (Mr. GEJDEN- sume to the gentleman from North able wage, it gives them a real chance SON) and the gentleman from New York Carolina (Mr. BALLENGER). to become self-sufficient. (Chairman GILMAN) for several years of Mr. BALLENGER. Mr. Chairman, I As the U.S. continues to promote as- hard work on this issue. rise today in support of H.R. 1143, the sistance, as opposed to handouts, I I would also like to recognize two Microenterprise Self-Reliance Act. The think it is important for us to applaud great leaders who have done so much low-cost loans and training opportuni- programs that grant an opportunity for to advance the cause of microcredit ties provided by this program create lending to the poor and to empower growth. I encourage all my colleagues unimaginable opportunity and hope for women in developing countries. First to vote in favor of this legislation, people living in the poorest and most Lady Hillary Rodham Clinton and AID which has proven to benefit the inter- desolate areas of the world. administrator Brian Atwood have national community that needs our As a Member who is personally com- worked tirelessly to make sure that help most, the poorest of the poor. mitted to the growth and prosperity of the United States takes a leadership Please support the Microenterprise Central and South America, I have wit- role to expand access to credit for self- Self-Reliance Act. nessed firsthand the benefits of micro- Ms. LEE. Mr. Chairman, I yield 3 employment to 100 million of the enterprise and the microcredit pro- world’s poorest families. One-fifth of minutes to the gentlewoman from grams to the poorest of the poor. the world’s population exists on less North Carolina (Mrs. CLAYTON). Through these programs, the U.S. has Mrs. CLAYTON. Mr. Chairman, I than $1 a day, and 32,000 children die been able to encourage economic thank the gentlewoman from Cali- each day from preventable malnutri- tion. growth and self-dependency in coun- fornia for yielding time to me. I had the opportunity to visit Ghana tries less fortunate than our own. Mr. Chairman, I am pleased to join and South Africa last week, and I met The minimal cost of the microenter- with my colleagues in the spirit of bi- with many women entrepreneurs who prise program yield great benefits and partisanship to support the goals and were the primary income earners for have a tremendous long-term impact the objective of microenterprises in de- their families. Access to just a small on the future economic and social de- veloping countries. amount of capital, I was told, would velopment of many nations, specifi- Many of the world’s poorest workers help them raise the standard of living cally those in Central America. are self-employed. These entrepreneurs for their entire families. I would like to give, if I may, a cou- are trapped in poverty because they Many of the poor who do not have ac- ple of individuals cases that I person- cannot obtain credit at a reasonable cess to microenterprise programs are ally have seen, first that occurred in El rate that will allow them to build their forced to pay interest rates of 10 per- Salvador maybe 10 or 12 years ago. assets and expand their businesses. cent per day to money lenders. In con- They took us to a tailor shop where The global credit program for micro- trast, interest rates on microcredit this gentleman volunteered to give me enterprises provides funds that will in- loans average between 2 percent and 5 a three-piece suit, cut to my standard crease the flow of credit from the for- percent per week. The return rate on style and size and everything, for $100. mal financial sector to the micro en- these loans is between 95 percent and 99 I don’t know how the rest of the Mem- trepreneurs, with a view to improving percent. bers feel, but this was unbelievable. their productivity, income, and em- Let me briefly explain what this bill I found out that this gentleman in ployment level. does. It permanently establishes two his time of need found out that he Over the past years we have learned new sections in statutory law to gov- could get a sewing machine for $100 firsthand the dramatic impact that ern microenterprise grants and loans. that he borrowed from the microenter- microenterprise has had on the lives of Under the grants section, it authorizes prise. With that $100 and a pair of scis- millions of the world’s poorest fami- grants to support microlending pro- sors, he started producing clothes. At lies, enabling many of them to pull grams. These grants are generally used the time that I saw him there, he had themselves out of poverty. Our support to start new microlending programs. It four sewing machines and the whole for microenterprise needs to be authorizes $152 million for fiscal year operation, and his $100 now had become strengthened, and our resolve and com- 2000, and $167 million for fiscal year $3,000 that he was able to invest. That mitment to ensure that we meet the 2001 for microenterprise programs. It was in El Salvador. goals and objectives of microenterprise mandates 50 percent of all microenter- Several years later when we were in fortified. prise resources to be used for poverty Nicaragua we asked, why in the world Two examples were shared recently lending, defined as institutions that don’t microenterprises come to Nica- by RESULTS with my office. In Ugan- provide credit and other financial serv- ragua? In this particular case they da a woman borrowed money to invest ices to the poorest with loans of $300 or took us to a shopping area of downtown in her brick-making company. She was less in 1995 dollars. Managua and showed us a young lady producing 1,000 bricks, and she bor- Currently, 68 percent of loans are $300 there who had borrowed $200 to start rowed money, and she has now in- or less, and about 47 percent of total off with. She put vegetables and flow- creased it to 5,000 bricks. She uses the resources support poverty lending. ers and seeds and so forth for sale. money to school her children, to allow This bill creates a loan facility inside After 3 years in that small investment them to have a better opportunity than of AID. The facility will provide of about $200, I asked her what her in- herself. H1890 CONGRESSIONAL RECORD — HOUSE April 13, 1999 The second example is in El Sal- ance that microcredit applicants are those who are willing to combine these vador, a woman borrowed $57 to in- eligible to receive? small loans with hard work. crease her bread-making business. She Mr. SMITH of New Jersey. Yes, that Recipients of these loans certainly do has been so successful she has now is correct. Funds provided by this bill work hard. It is reported that recipi- bought out her supplier. may be used only to support micro- ents repay the principal within the These examples are indeed proof that enterprise programs. A requirement first month in many cases, and 95 to 98 this program is a success, not only for that a microcredit applicant fulfill percent of recipients repay the loans on the people it is intended for, but also some unrelated precondition would time. Indeed, that repayment rate is their ability to pay back the loans ex- constitute support for something other incredibly good as compared to com- ceeds that in the private sector. than microenterprise programs. Thus, mercial banks’ repayments. It also We must recommit ourselves to en- such requirements are expressly pro- serves, I think, as a strong testament suring that 100 million of the world’s hibited by section 4(b)5. to recipients’ receptivity to these pro- poorest families are afforded the oppor- Mr. BALLENGER. Thus, to take an grams. tunity that many of us take for grant- extreme example, a program funded by The legislation before this body ed, the opportunity to direct and shape this bill could not require that an ap- today gives an important boost to ex- our future by investing our skills, tal- plicant be sterilized before she is eligi- isting microenterprise programs like ents, and energy into building, sus- ble for microenterprise assistance? the Grameen Bank in Bangladesh, taining, and expanding small busi- Mr. SMITH of New Jersey. Yes. Sec- where microenterprise has had great nesses. tion 4(b)5 would prohibit funding of any positive effects for a whole generation H.R. 1143 grants that opportunity and program that attempted to impose of women; or BancoSol, which now has assurance by authorizing grant assist- such a condition. the largest number of clients of any fi- ance of $152 million in the fiscal year Mr. BALLENGER. I thank the gen- nancial institution in Bolivia. This leg- 2000, $167 million in fiscal year 2001, to tleman from New Jersey (Mr. SMITH). islation will ensure their survival. further the development of microenter- Mr. SMITH of New Jersey. Mr. Chair- H.R. 1143 sets forth the guidelines to prise in developing countries. This is a man, I yield 4 minutes to the gen- ensure that the needs of the poorest of modest investment that can have a tleman from Nebraska (Mr. BEREUTER), the poor are addressed. One-half of all powerful impact on the eradication of the vice chairman of the Committee microenterprise resources are devoted poverty. and the chairman of the Subcommittee to loans of $300 or less. Microcredit is not charity, nor is it on Asia and the Pacific. Importantly, the legislation estab- big government gone astray, but rath- (Mr. BEREUTER asked and was lishes a facility specifically devoted to er, microcredit is a sound and wise in- given permission to revise and extend countries devastated by war or natural vestment that deserves priority and his remarks.) disasters. This is a particularly impor- protection. Without a focused effort to tant provision, Mr. Chairman. It means b 1230 empower individuals in the poorest re- all is not lost when torrential flooding gions of the world, dire poverty will Mr. BEREUTER. Mr. Chairman, I destroys an entire economy, as was the continue to plague our global commu- rise in support of the legislation. I case last year in Bangladesh. It means nity, draining our capital resources, thank the gentleman from New Jersey that people in war-torn regions can re- sapping our political will, and destroy- (Mr. SMITH) for yielding me this time. turn home and try to start life anew, as ing countless human lives worldwide. I am an original cosponsor and has been the case in Rwanda and Cam- I urge my colleagues to join me in strong supporter of this bill. This Mem- bodia. support of this desperately needed leg- ber first became familiar with the Mr. Chairman, H.R. 1143 speaks to islation. microenterprise concept during the the best part of our collective con- Mr. SMITH of New Jersey. Mr. Chair- 99th Congress. At that time, an organi- science. Through this legislation, the man, I yield such time as he may con- zation known by its acronym of U.S. is offering hope to those who have sume to the gentleman from North FINCA, F-I-N-C-A, worked closely with no hope, a helping hand to those who Carolina (Mr. BALLENGER) for the pur- poverty stricken areas of Latin Amer- want to make for themselves a better poses of a colloquy. ica and South America. The concept of life. Mr. BALLENGER. Mr. Chairman, microenterprises, I think had not had This Member congratulates the au- Section 4(b)5 of the bill states that much visibility at all on Capitol Hill or thor of this initiative, the gentleman ‘‘Assistance provided under this sub- in America until we learned about from New York (Mr. GILMAN), the section may only be used to support FINCA’s good work. chairman of the Committee on Inter- microenterprise programs and may not Having since visited numerous devel- national Relations. It is largely be used to support programs not di- oping countries while serving on the through his efforts that microenter- rectly related to the purposes described Committee on International Relations, prise has become such an important in paragraph (1).’’ this Member can testify to the utter part of our foreign assistance efforts. I would ask the gentleman from New despair and grinding poverty that is all This Member would also thank the Jersey (Chairman SMITH), do I under- too commonplace throughout so much distinguished gentleman from Con- stand correctly that this language pro- of the world and to the hope which necticut (Mr. GEJDENSON), the ranking hibits requirements not directly re- microenterprise programs can provide. Democrat on the committee, for his lated to the enterprise for which credit Much of the grinding poverty could constructive efforts to move this legis- is extended from being imposed on a be redressed by just a few dollars’ lation forward. microcredit beneficiary as a condition worth of tools and raw materials. In I thank the gentleman from New Jer- on their eligibility for assistance? countries where the average wage may sey (Mr. SMITH) for yielding me this Mr. SMITH of New Jersey. Mr. Chair- be no more than 50 cents a day, as lit- time and for his support of the legisla- man, if the gentleman will yield, I tle as $10 can provide someone with the tion. would say to the gentleman that this is reed to make straw mats or leather for Ms. LEE. Mr. Chairman, I yield 3 correct. shoes. Just a few dollars can stock a minutes to the gentlewoman from This colloquy, for the purposes of the peddler’s cart and allow him or her to Michigan (Ms. KILPATRICK). record and for my colleagues, has been rise above helpless poverty. (Ms. KILPATRICK asked and was worked out with the gentleman from Microenterprise initiatives will not given permission to revise and extend New York (Chairman GILMAN) and with make anyone rich, but it will pay for her remarks.) his full concurrence. tuition for a child’s basic education or Ms. KILPATRICK. Mr. Chairman, The answer to the question is, that is the cost of a concrete surface to re- first, to the gentlewoman from Cali- correct. place an old dirt floor, or a pump where fornia (Ms. LEE), sitting in for the gen- Mr. BALLENGER. Requirements not the water is not tainted. Importantly, tleman from Connecticut (Mr. GEJDEN- directly related to the microenterprise microenterprise can provide these SON), I thank her so much for yielding cannot be considered as a factor affect- small luxuries, or I would say basic ele- me the time. I thank the gentleman ing the amount or terms of the assist- ments of life, but they come only to from New York (Chairman GILMAN) as April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1891 well as the gentleman from Con- poor people would much rather that we I would like to thank the gentleman necticut (Mr. GEJDENSON), our ranking give them loans than grants, that we from Virginia (Mr. MORAN) for his kind member, and the entire committee for have confidence in their ability to pay remarks and also for his acknowledg- bringing to us such an important bill. money back, that all they really need ment and recognition of the com- As has been mentioned, whether in is a little seed money to get started. petence and the tenacity and the com- Bangladesh, India, Africa, or some The second thing it teaches us is that mitment of women to economic devel- other country of the world, including the most underused economic resource opment and job creation. the United States, microcredit, the as- in this world are the women of the Mr. MORAN of Virginia. Mr. Chair- sistance to small businesses, primarily world who have always been doing man, if the gentlewoman will yield for women I might add, is the difference most of the work but very seldom have just a moment, we men have always between success and failure in so many they ever had any real control, particu- known that; it is just seldom that we children’s lives. larly economic control, over their ever admitted it. As has been said earlier, the World lives. Ms. LEE. Mr. Chairman, I thank the Bank reports that 1.2 billion people in So the programs that work are the gentleman from Virginia for coming the world exist on less than $1 a day. ones that go out and find the women in out front and talking about it publicly. That is 20 percent of the world’s popu- the villages that know what is going on Mr. LANTOS. Mr. Chairman, I urge my col- lation exist on less than $1 per day. and have the fortitude and the deter- leagues to join me in supporting H.R. 1143, This microenterprise legislation pro- mination to provide for their families the Microenterprise for Self-Reliance Act of vides for the children of these families and give them the resources. Boy, the 1999. I support this bill because I have wit- hope for the future. It provides a way ideas that they come up with and the nessed first-hand the uplifting effects of micro- where their parents, in many cases kind of effort that they put into these credit on the economic and humanitarian con- women, can have their own businesses, little microenterprise efforts, they are ditions of struggling nations around the world. can earn their own fees and dollars and just heartwarming. I have closely monitored its enormously posi- then send their children to school to It should be known also that these tive influence on women and ethnic minorities, receive an adequate education. microenterprise banks charge a lot of those most likely to face discrimination in cre- I commend the subcommittee, the money in interest, a lot of them, more ating small businesses and establishing social gentleman from New York (Mr. GIL- interest than we would want to pay. support networks in their communities. H.R. MAN), the chairman of the Committee Yet, invariably, the vast majority of 1143 would allow these essential develop- on International Relations, and all of these loans get paid off. It is just unbe- ments to continue and expand, aiding the sta- those who brought this bill to the lievable what people can do with just a bility of new democracies and enabling all citi- floor. little seed money if given the con- zens a stake in their future directions. I recently returned from overseas and fidence and the resources. The microcredit program, more than any had another first-hand look at some So I want to thank the gentleman other government initiative, is founded on the very successful microenterprise oper- from New York (Mr. GILMAN) and the free market ideals central to America's great- ations. They are in fact working. They gentleman from New Jersey (Mr. ness. By providing small amounts of start-up are the difference between success and SMITH) and the gentleman from Ne- capital to aspiring entrepreneurs, productive failure, not only in the woman’s life, braska (Mr. BEREUTER) and all the oth- businesses can be established which, in a col- who in many cases is the breadwinner, ers on the Republican side and cer- lective manner, change society for the better. is the nurturer of the family, is the tainly the gentleman from Connecticut For example, when a woman in a small Afri- person that instills strength and self- (Mr. GEJDENSON), our ranking member, can nation borrows a few dollars to set up a confidence in children, that one can be and the gentlewoman from California crafts shop, she does far more than better her what one wants to be. (Ms. LEE), and all of the members of family's financial situation. She may create It has been reported that microenter- the committee. employment opportunities for others in her prise, also the loans are repaid at a We have got a good thing going here. small community, she may held to break gen- much higher rate than traditional It costs us very little money. The only erations of poverty in her town, she may gen- lending practices; that, not only are people that seem to have some reluc- erate income that will allow the creation of the businesses successful, but the pay- tance about this is the White House. I even more commerce, she may break down back in large measure has been paid read their statement of administration age-old stereotypes of women's social roles, back. policy, and I cannot really figure out and she may make it possible for untold num- So, Mr. Chairman, let us move H.R. what they are trying to say and what bers of women to realize the opportunities pro- 1143 out of this Chamber and to the sig- their objection would be. But I am vided to her by the blessing of microcredit. nature of the President. It is the dif- sorry that they do not get fully behind As the distinguished Administrator of the ference between success and failure. this, because they have done a lot to U.S. Agency for International Development Microenterprising is a tool not only make microenterprise programs work. (USAID), J. Brian Atwood, explained: ``Micro- used in this country but in the poorest They should have endorsed this piece of enterprise is one of our most effective tools to of the poor countries of the world to legislation. But I know that they are foster bottom-up growth and to give women an say that this is a wonderful world. going to fully fund it, and they are opportunity to make a place for themselves in When we work together, we can save going to get behind it, particularly business and in their communities.'' For only a many children’s lives and offer them USAID, and make it work. minimal investmentÐfew loans exceed $300, hope for the future. We cannot always control the situa- and the return rate is nearly 100 percentÐwe Ms. LEE. Mr. Chairman, I yield 3 tions, and we have had some real catas- can peacefully alter centuries of history, one minutes to the gentleman from Vir- trophes that have prevented people in entrepreneur at a time. ginia (Mr. MORAN). Third World countries from being able H.R. 1143 will strengthen this much-needed Mr. MORAN of Virginia. Mr. Chair- to pay back their loans. Bangladesh program by authorizing increased funds ($152 man, I thank the very distinguished comes to mind. So we need some provi- million in FY 2000 and $167 million in FY gentlewoman from California (Ms. LEE) sion to make sure that money is avail- 2001) and ensuring that at least 50 percent of for yielding me this time and for lead- able. This provides that. It ensures microenterprise resources be used for poverty ing the debate on our side of the aisle that there is going to be this revolving lending to the neediest participants in Third today and for her support for this pro- fund available. World economies. Furthermore, H.R. 1143 gram. This is the right way to do it. We are would permanently establish two new provi- This is a neat, wonderful concept, institutionalizing it. This is going to sions in law to govern grants and loans, and and it is something that we can agree get a unanimous vote, I hope, and it de- it would create a loan facility inside USAID to on, which also says a lot as well. We serves one. The people of the Third help U.S.-sponsored microfinance institutions ought to be looking for more of these World, to take advantage of this, de- survive natural disasters, civil wars, and na- ideas. serve the little seed money that this tional financial crises. It is a testament to the strength of provides to them. I applaud these reforms, and I commend the human spirit, this program. It has Ms. LEE. Mr. Chairman, I yield my- International Relations Committee Chairman taught a couple of things. One is that self such time as I may consume. BENJAMIN A. GILMAN and Ranking Member H1892 CONGRESSIONAL RECORD — HOUSE April 13, 1999

SAM GEJDENSON for their hard work in working pact that a small loan can have on a single in a position to undertake an economic activity out the provisions of this legislation. family in the developing world. A short-term partly because they lack business skills and Mr. Chairman, I would also like to recognize loan of $75 used to be unaccessible for most even the motivation for business.'' While I sup- the extraordinary commitment of First Lady people in these countries. However, through port H.R. 1143, I make this point for the pur- Hillary Rodham Clinton to the microenterprise the Grameen Bank and bilateral microcredit pose of impressing upon this Congress the im- program. Since the earliest days of the Clinton programs, these loans are now available and portance of ensuring that the extension of Presidency, Mrs. Clinton has used her excep- becoming more widespread. The reason for funds to poor microentrepreneurs is in reality tional brilliance and influence to promote this this success and expansion is due to the un- contributing to the battle against poverty and initiative around the world. Long before other paralleled rate of repayment. In 1997, the hunger. opinion leaders understood the importance of Grameen Bank had a 94 percent repayment Innovative ways of bringing economic vital- targeted microcredit investments, she was pro- rate. ization to areas of the world that sorely lack claiming the benefits of this program for Unfortunately, microcredit programs have any financial sustainability should be a priority women and families in a host of nations. I been drastically impacted by the recent natural for any global financial architecture. H.R. 1143 would also like to note the impressive con- disasters and financial crises in various re- contributes to that strategy and I urge its pas- tributions of Administrator Atwood in imple- gions of the world. However, these events sage. menting this essential component of our for- should not be interpreted as failures in micro- Ms. LEE. Mr. Chairman, I have no eign policy. credit programs, but as opportunities for ex- further requests for time, and I yield Mr. Chairman, I urge my colleagues to sup- panding the program. Farmers in Nicaragua back the balance of my time. port H.R. 1143. are in desperate need of a few dollars to re- Mr. SMITH of New Jersey. Mr. Chair- Mr. LUTHER. Mr. Chairman, I rise today in plant their crops. Weavers in Thailand have man, I yield back the balance of my support of H.R. 1143, the Microenterprise for seen their currency plummet and just need a time. Self-Reliance Act of 1999. Microcredit is the small amount of investment to keep their The CHAIRMAN. All time for general process of providing small loans to very poor fledgling businesses stay afloat. While debate has expired. people at commercial interest rates for the Grameen Bank loan repayment rates plunged Pursuant to the rule, the bill shall be startup or expansion of small business ven- to 68 percent immediately after the floods in considered under the 5-minute rule by tures. It has been successful in promoting Bangladesh last year, these rates rebounded section, and each section shall be con- economic growth and ending the worst as- to 88 percent in just a few months. H.R. 1143 sidered read. pects of poverty in some of the most destitute will expand these credit programs and pro- During consideration of the bill for places in the world. vided the cushion necessary to enable the fi- amendment, the Chair may accord pri- Unfortunately, despite its proven track nancial institutions and other organizations op- ority in recognition to a Member offer- record, microcredit has not been utilized to its erating these microcredit programs to help ing an amendment that he has printed full potential. Funding for microcredit within the those that are in the most desperate need. in the designated place in the CONGRES- U.S. Agency for International Development This legislation provides some of the important SIONAL RECORD. Those amendments has not kept pace with the growing capacity to infrastructure programs necessary for many will be considered read. The Chairman of the Committee of lend. Despite the fact that in 1994 USAID set countries struggling from recent crises to the Whole may postpone a request for a the goal of directing half of overall microenter- move from disaster assistance to economic recorded vote on any amendment and prise funds to programs serving the poorest development. people in loans of $300 or less by the end of Mrs. ROUKEMA. Mr. Speaker, I rise in sup- may reduce to a minimum of 5 minutes 1996, only about 41 percent of these funds port of H.R. 1143, the ``Microenterprise for the time for voting on any postponed are currently reaching this target population. Self-Reliance Act of 1999.'' H.R. 1143 would question that immediately follows an- The Microenterprise for Self-Reliance Act of provide vital assistance in the form of credit other vote, provided that the time for 1999 calls for $152 million in fiscal year 2000 and other financial services to microentre- voting on the first question shall be a and $167 million in fiscal year 2001 and des- preneur programs as part of a global approach minimum of 15 minutes. ignates half of all microenterprise funds as to aiding the world's poorest individuals. The Clerk will designate section 1. loans of $300 or less for the neediest people Many people in this world rely on self-em- The text of section 1 is as follows: Be it enacted by the Senate and House of Rep- in the world. Along with helping the world's ployment as a necessary means for their liveli- resentatives of the United States of America in poorest people, this legislation increases work hood. In this regard, the importance of the role Congress assembled, skills and improves the economies of the de- of microentrepreneurs in our global economy SECTION 1. SHORT TITLE. veloping nations where microcredit initiatives cannot be overlooked. The general philosophy This Act may be cited as the ‘‘Microenter- are in place. Currently, approximately 1.2 bil- of the microenterprise industry is to bring new prise for Self-Reliance Act of 1999’’. lion peopleÐone fifth of the world popu- sources of income to segments of the popu- Mr. SMITH of New Jersey. Mr. Chair- lationÐlive in extreme poverty. As long as lation where job opportunities are low by pro- man, I ask unanimous consent that the poverty continues to plague so many millions, viding small amounts of credit to those whom remainder of the bill be printed in the there will be no lasting peace or stability in our have not had access to commercial credit. RECORD, and open to amendment at world. Microfinance programs are critical to the fight any point. Microcredit is one of the most cost-effective against hunger and poverty. Such programs The CHAIRMAN. Is there objection and successful ways to combat poverty and are a leveraging tool for decreasing depend- to the request of the gentleman from help achieve peace. Therefore, I urge my col- ence on foreign assistance. H.R. 1143 author- New Jersey? leagues to vote for H.R. 1143. izes grants to support microlending programs There was no objection. Mr. PORTER. Mr. Speaker, I rise in strong in the amount of $152 million for FY 2000 and The text of the remainder of the bill support of this legislation. The concept of $167 million for FY 2001. Fifty percent of is as follows: microlending has existed for over two dec- these funds must be used for loans of $300 or SEC. 2. FINDINGS AND DECLARATIONS OF POL- ades, created by Muhammed Yunus through less. ICY. the Grameen Bank in Bangladesh. This con- Last year, the Financial Times reported that The Congress makes the following findings cept has enjoyed incredible success and has ``though Latin American has moved furthest to- and declarations: (1) According to the World Bank, more improved the lives of millions of people, espe- wards the commercialization of microfinance, it than 1,200,000,000 people in the developing cially women. The Grameen Bank has inspired is also commonplace in other developing world, or one-fifth of the world’s population, microlending programs in fifty-six other coun- countries, and the World Bank estimates that subsist on less than $1 a day. tries and has been copied by 5,000 inter- more than $7 billion of microcredit is out- (2) Over 32,000 of their children die each national institutions. In fact, this system has standing.'' day from largely preventable malnutrition even been adopted by the Women's Self-Em- A report released by the U.N. last year ac- and disease. ployment Project in Chicago to successfully knowledges the success of microcredit in Latin (3)(A) Women in poverty generally have wean unwed mothers off of welfare. America and Asia. However, the report states larger work loads and less access to edu- cational and economic opportunities than I am very pleased that the U.S. Congress is that ``it is not clear if the extent to which micro- their male counterparts. not only condoning U.S. participation in the credit has spread, or can potentially spread, (B) Directly aiding the poorest of the poor, microcredit system but expanding and improv- can make a major dent in global poverty.'' The especially women, in the developing world ing our involvement in these programs with report based this conclusion on the assertion has a positive effect not only on family in- this legislation. I have seen the incredible im- that ``the poorest of the poor'' are usually ``not comes, but also on child nutrition, health April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1893 and education, as women in particular rein- the global microenterprise sector, primarily (3) to support and develop the capacity of vest income in their families. through its development assistance pro- United States and indigenous nongovern- (4)(A) The poor in the developing world, grams at the United States Agency for Inter- mental organization intermediaries to pro- particularly women, generally lack stable national Development. Additionally, the vide credit, savings, training and technical employment and social safety nets. United States Department of the Treasury services to microentrepreneurs; (B) Many turn to self-employment to gen- and the Department of State have used their (4) to increase the amount of assistance de- erate a substantial portion of their liveli- authority to promote microenterprise in the voted to credit activities designed to reach hood. In Africa, over 80 percent of employ- development programs of international fi- the poorest sector in developing countries, ment is generated in the informal sector of nancial institutions and the United Nations. and to improve the access of the poorest, the self-employed poor. (11)(A) In 1994, the United States Agency particularly women, to microenterprise cred- (C) These poor entrepreneurs are often for International Development launched the it in developing countries; and trapped in poverty because they cannot ob- ‘‘Microenterprise Initiative’’ in partnership (5) to encourage the United States Agency tain credit at reasonable rates to build their with the Congress. for International Development to coordinate asset base or expand their otherwise viable (B) The initiative committed to expanding microfinance policy, in consultation with self-employment activities. funding for the microenterprise programs of the Department of the Treasury and the De- (D) Many of the poor are forced to pay in- the Agency, and set a goal that, by the end partment of State, and to provide global terest rates as high as 10 percent per day to of fiscal year 1996, half of all microenterprise leadership in promoting microenterprise for money lenders. resources would support programs and insti- the poorest among bilateral and multilateral (5)(A) The poor are able to expand their in- tutions that provide credit to the poorest, donors. comes and their businesses dramatically with loans under $300. SEC. 4. MICROENTERPRISE DEVELOPMENT when they can access loans at reasonable in- (C) In order to achieve the goal of the GRANT ASSISTANCE. terest rates. microcredit summit, increased investment in Chapter 1 of part I of the Foreign Assist- (B) Through the development of self-sus- microcredit institutions serving the poorest ance Act of 1961 (22 U.S.C. 2151 et seq.) is taining microfinance programs, poor people will be critical. amended— themselves can lead the fight against hunger (12) Providing the United States share of (1) by redesignating the second section 129 and poverty. the global investment needed to achieve the (as added by section 4 of the Torture Victims (6)(A) On February 2–4, 1997, a global goal of the microcredit summit will require Relief Act of 1998 (Public Law 105–320)) as Microcredit Summit was held in Wash- only a small increase in United States fund- section 130; and ington, District of Columbia, to launch a ing for international microcredit programs, (2) by adding at the end the following new plan to expand access to credit for self-em- with an increased focus on institutions serv- section: ployment and other financial and business ing the poorest. ‘‘SEC. 131. MICROENTERPRISE DEVELOPMENT services to 100,000,000 of the world’s poorest (13)(A) In order to reach tens of millions of GRANT ASSISTANCE. families, especially the women of those fami- the poorest with microcredit, it is crucial to ‘‘(a) FINDINGS AND POLICY.—The Congress lies, by 2005. While this scale of outreach expand and replicate successful microcredit finds and declares that— may not be achievable in this short time- institutions. ‘‘(1) the development of microenterprise is frame, the realization of this goal could dra- (B) These institutions need assistance in a vital factor in the stable growth of devel- matically alter the face of global poverty. developing their institutional capacity to ex- oping countries and in the development of (B) With an average family size of five, pand their services and tap commercial free, open, and equitable international eco- achieving this goal will mean that the bene- sources of capital. nomic systems; fits of microfinance will thereby reach near- (14) Nongovernmental organizations have ‘‘(2) it is therefore in the best interest of ly half of the world’s more than 1,000,000,000 demonstrated competence in developing net- the United States to assist the development absolute poor people. works of local microfinance institutions and of microenterprises in developing countries; (7)(A) Nongovernmental organizations, other assistance delivery mechanisms so and such as those that comprise the Microenter- that they reach large numbers of the very ‘‘(3) the support of microenterprise can be prise Coalition (such as the Grameen Bank poor, and achieve financial sustainability. served by programs providing credit, savings, (Bangladesh,) K–REP (Kenya), and networks (15) Recognizing that the United States training, and technical assistance. such as Accion International, the Founda- Agency for International Development has ‘‘(b) AUTHORIZATION.—(1) In carrying out tion for International Community Assist- developed very effective partnerships with this part, the President is authorized to pro- ance (FINCA), and the credit union move- nongovernmental organizations, and that vide grant assistance for programs to in- ment) are successful in lending directly to the Agency will have fewer missions to carry crease the availability of credit and other the very poor. out its work, the Agency should place pri- services to microenterprises lacking full ac- (B) Microfinance institutions such as ority on investing in those nongovernmental cess to capital and training through— BRAC (Bangladesh), BancoSol (Bolivia), network institutions that meet performance ‘‘(A) grants to microfinance institutions SEWA Bank (India), and ACEP (Senegal) are criteria through the central funding mecha- for the purpose of expanding the availability regulated financial institutions that can nisms of the Agency. of credit, savings, and other financial serv- raise funds directly from the local and inter- (16) By expanding and replicating success- ices to microentrepreneurs; national capital markets. ful microcredit institutions, it should be pos- ‘‘(B) training, technical assistance, and (8)(A) Microenterprise institutions not sible to create a global infrastructure to pro- other support for microenterprises to enable only reduce poverty, but also reduce the de- vide financial services to the world’s poorest them to make better use of credit, to better pendency on foreign assistance. families. manage their enterprises, and to increase (B) Interest income on the credit portfolio (17)(A) The United States can provide lead- their income and build their assets; is used to pay recurring institutional costs, ership to other bilateral and multilateral de- ‘‘(C) capacity building for microfinance in- assuring the long-term sustainability of de- velopment agencies as such agencies expand stitutions in order to enable them to better velopment assistance. their support to the microenterprise sector. meet the credit and training needs of micro- (9) Microfinance institutions leverage for- (B) The United States should seek to im- entrepreneurs; and eign assistance resources because loans are prove coordination among G–7 countries in ‘‘(D) policy and regulatory programs at the recycled, generating new benefits to program the support of the microenterprise sector in country level that improve the environment participants. order to leverage the investment of the for microfinance institutions that serve the (10)(A) The development of sustainable United States with that of other donor na- poor and very poor. microfinance institutions that provide credit tions. ‘‘(2) Assistance authorized under paragraph and training, and mobilize domestic savings, (18) Through increased support for micro- (1) shall be provided through organizations are critical components to a global strategy enterprise, especially credit for the poorest, that have a capacity to develop and imple- of poverty reduction and broad-based eco- the United States can continue to play a ment microenterprise programs, including nomic development. leadership role in the global effort to expand particularly— (B) In the efforts of the United States to financial services and opportunity to ‘‘(A) United States and indigenous private lead the development of a new global finan- 100,000,000 of the poorest families on the and voluntary organizations; cial architecture, microenterprise should planet. ‘‘(B) United States and indigenous credit play a vital role. The recent shocks to inter- SEC. 3. PURPOSES. unions and cooperative organizations; national financial markets demonstrate how The purposes of this Act are— ‘‘(C) other indigenous governmental and the financial sector can shape the destiny of (1) to make microenterprise development nongovernmental organizations; or nations. Microfinance can serve as a power- an important element of United States for- ‘‘(D) business development services, includ- ful tool for building a more inclusive finan- eign economic policy and assistance; ing indigenous craft programs. cial sector which serves the broad majority (2) to provide for the continuation and ex- ‘‘(3) In carrying out sustainable poverty-fo- of the world’s population including the very pansion of the commitment of the United cused programs under paragraph (1), 50 per- poor and women and thus generate more so- States Agency for International Develop- cent of all microenterprise resources shall be cial stability and prosperity. ment to the development of microenterprise used for direct support of programs under (C) Over the last two decades, the United institutions as outlined in its 1994 Micro- this subsection through practitioner institu- States has been a global leader in promoting enterprise Initiative; tions that provide credit and other financial H1894 CONGRESSIONAL RECORD — HOUSE April 13, 1999 services to the poorest with loans of $300 or ‘‘(2) it is, therefore, in the best interests of term development of United States-sup- less in 1995 United States dollars and can the United States to assist the development ported microfinance institutions. cover their costs of credit programs with of the enterprises of the poor in developing ‘‘(b) SUPERVISORY BOARD OF THE FACIL- revenue from lending activities or that dem- countries and to engage the United States ITY.—(1) The Facility shall be supervised by onstrate the capacity to do so in a reason- private sector in that process. a board composed of the following represent- able time period. ‘‘(b) PROGRAM.—To carry out the policy set atives appointed by the President not later ‘‘(4) The President should continue support forth in subsection (a), the President is au- than 180 days after the date of the enactment for central mechanisms and missions that— thorized to provide assistance to increase the of Microenterprise for Self-Reliance Act of ‘‘(A) provide technical support for field availability of credit to micro- and small en- 1999: missions; terprises lacking full access to credit, in- ‘‘(A) 1 representative from the Department ‘‘(B) strengthen the institutional develop- cluding through— of the Treasury. ment of the intermediary organizations de- ‘‘(1) loans and guarantees to credit institu- ‘‘(B) 1 representative from the Department scribed in paragraph (2); tions for the purpose of expanding the avail- of State. ‘‘(C) share information relating to the pro- ability of credit to micro- and small enter- ‘‘(C) 1 representative from the United vision of assistance authorized under para- prises; States Agency for International Develop- graph (1) between such field missions and ‘‘(2) training programs for lenders in order ment. intermediary organizations; and to enable them to better meet the credit ‘‘(D)(i) 2 United States citizens from ‘‘(D) support the development of nonprofit needs of microentrepreneurs; and United States nongovernmental organiza- global microfinance networks, including ‘‘(3) training programs for microentre- tions that operate United States-sponsored credit union systems, that— preneurs in order to enable them to make microfinance activities. ‘‘(i) are able to deliver very small loans better use of credit and to better manage ‘‘(ii) Individuals described in clause (i) through a vast grassroots infrastructure their enterprises. shall be appointed for a term of 2 years. based on market principles; and ‘‘(c) ELIGIBILITY CRITERIA.—The Adminis- ‘‘(2) The Administrator of the United ‘‘(ii) act as wholesale intermediaries pro- trator of the United States Agency for Inter- States Agency for International Develop- viding a range of services to microfinance re- national Development shall establish cri- ment or his designee shall serve as Chairman tail institutions, including financing, tech- teria for determining which entities de- and an additional voting member of the nical assistance, capacity building and safe- scribed in subsection (b) are eligible to carry board. ty and soundness accreditation. out activities, with respect to micro- and ‘‘(c) DISBURSEMENTS.—(1) The board shall ‘‘(5) Assistance provided under this sub- small enterprises, assisted under this sec- make disbursements from the Facility to section may only be used to support micro- tion. Such criteria may include the fol- United States-sponsored microfinance insti- enterprise programs and may not be used to lowing: tutions to prevent the bankruptcy of such support programs not directly related to the ‘‘(1) The extent to which the recipients of institutions caused by (A) natural disasters, purposes described in paragraph (1). credit from the entity do not have access to (B) national wars or civil conflict, and (C) ‘‘(c) MONITORING SYSTEM.—In order to the local formal financial sector. national financial crisis or other short term maximize the sustainable development im- ‘‘(2) The extent to which the recipients of financial movements that threaten the long- pact of the assistance authorized under sub- credit from the entity are among the poorest term development of United States-sup- section (a)(1), the Administrator of the people in the country. ported microfinance institutions. Such dis- United States Agency for International De- ‘‘(3) The extent to which the entity is ori- bursements shall be made as concessional velopment shall establish a monitoring sys- ented toward working directly with poor loans that are repaid maintaining the real tem that— women. value of the loan to microfinance institu- ‘‘(1) establishes performance goals for such ‘‘(4) The extent to which the entity recov- tions that demonstrate the capacity to re- assistance and expresses such goals in an ob- ers its cost of lending to the poor. sume self-sustained operations within a rea- jective and quantifiable form, to the extent ‘‘(5) The extent to which the entity imple- sonable time period. The Facility shall pro- feasible; ments a plan to become financially sustain- vide for loan losses with each loan disbursed. ‘‘(2) establishes performance indicators to able. ‘‘(2) During each of the fiscal years 2001 be used in measuring or assessing the ‘‘(d) ADDITIONAL REQUIREMENT.—Assistance and 2002, funds may not be made available achievement of the goals and objectives of provided under this section may only be used from the Facility until 15 days after notifica- such assistance; to support micro- and small enterprise pro- tion of the availability has been provided to ‘‘(3) provides a basis for recommendations grams and may not be used to support pro- the congressional committees specified in for adjustments to such assistance to en- grams not directly related to the purposes section 634A of this Act in accordance with hance the sustainable development impact of described in subsection (b). the procedures applicable to reprogramming such assistance, particularly the impact of ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— notifications under that section. such assistance on the very poor, particu- ‘‘(1) IN GENERAL.—(A) There are authorized ‘‘(d) REPORT.—Not later than 60 days after larly poor women; and to be appropriated $1,500,000 for each of the the date on which the last representative to ‘‘(4) provides a basis for recommendations fiscal years 2000 and 2001 to carry out this the board is appointed pursuant to sub- for adjustments to measures for reaching the section. section (b), the chairman of the board shall poorest of the poor, including proposed legis- ‘‘(B) Amounts authorized to be appro- prepare and submit to the appropriate con- lation containing amendments to improve priated under subparagraph (A) shall be gressional committees a report on the poli- paragraph (3). made available for the subsidy cost, as de- cies, rules, and regulations of the Facility. ‘‘(e) FUNDING.—(1) Not more than $5,000,000 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fined in section 502(5) of the Federal Credit of amounts made available to carry out sec- ‘‘(1) IN GENERAL.—(A) There are authorized Reform Act of 1990, for activities under this tions 103 through 106 of this Act for each of to be appropriated $152,000,000 for fiscal year section. the fiscal years 2000 and 2001 may be made 2000 and $167,000,000 for fiscal year 2001 to ‘‘(2) ADMINISTRATIVE EXPENSES.—There are available to carry out this section for each carry out this section. authorized to be appropriated $500,000 for such fiscal year. ‘‘(B) Amounts appropriated pursuant to each of the fiscal years 2000 and 2001 for the ‘‘(2) Amounts made available under para- the authorization of appropriations under cost of administrative expenses in carrying graph (1) are in addition to amounts avail- subparagraph (A) are authorized to remain out this section. able under other provisions of law to carry available until expended. ‘‘(3) RULE OF CONSTRUCTION.—Amounts au- out this section. ‘‘(2) RULE OF CONSTRUCTION.—Amounts au- thorized to be appropriated under this sub- ‘‘(f) DEFINITIONS.—In this section: thorized to be appropriated under paragraph section are in addition to amounts otherwise ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- (1) are in addition to amounts otherwise available to carry out this section.’’. TEES.—The term ‘appropriate congressional available to carry out this section.’’. SEC. 6. MICROFINANCE LOAN FACILITY. committees’ means the Committee on Inter- SEC. 5. MICRO- AND SMALL ENTERPRISE DEVEL- Chapter 1 of part 1 of the Foreign Assist- national Relations of the House of Rep- OPMENT CREDITS. ance Act of 1961 (22 U.S.C. 2151 et seq.), as resentatives and the Committee on Foreign Section 108 of the Foreign Assistance Act amended by this Act, is further amended by Relations of the Senate. of 1961 (22 U.S.C. 2151f) is amended to read as adding the following new section: ‘‘(2) UNITED STATES-SUPPORTED MICRO- follows: ‘‘SEC. 132. UNITED STATES MICROFINANCE LOAN FINANCE INSTITUTION.—The term ‘United ‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DE- FACILITY. States-supported microfinance institution’ VELOPMENT CREDITS. ‘‘(a) ESTABLISHMENT.—The Administrator means a financial intermediary that has re- ‘‘(a) FINDINGS AND POLICY.—The Congress of the United States Agency for Inter- ceived funds made available under this Act finds and declares that— national Development is authorized to estab- for fiscal year 1980 and each subsequent fis- ‘‘(1) the development of micro- and small lish a United States Microfinance Loan Fa- cal year.’’. enterprises are a vital factor in the stable cility (hereinafter in this section referred to SEC. 7. REPORT RELATING TO FUTURE DEVELOP- growth of de- veloping countries and in the as the ‘Facility’) to pool and manage the MENT OF MICROFINANCE INSTITU- development and stability of a free, open, risk from natural disasters, war or civil con- TIONS. and equitable international economic sys- flict, national financial crisis, or short-term (a) REPORT.—Not later than 180 days after tem; and financial movements that threaten the long- the date of the enactment of this Act, the April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1895 President, in consultation with the Adminis- Agricultural Development (IFAD) and the ‘‘(B) Of the amount made available under trator of the United States Agency for Inter- United Nations Development Program subparagraph (A) to carry out this section national Development, the Secretary of (UNDP), which have provided key leadership for a fiscal year, not more than $500,000 may State, and the Secretary of the Treasury, in developing the microenterprise sector; be made available for administrative ex- shall prepare and transmit to the appro- and penses under subparagraph (A)(ii). priate congressional committees a report on (2) the Secretary of the Treasury should in- ‘‘(2) Amounts made available under para- the most cost-effective methods for increas- struct each United States Executive Director graph (1) are in addition to amounts avail- ing the access of poor people to credit, other of the Multilateral Development Banks able under any other provision of law to financial services, and related training. (MDBs) to advocate the development of a co- carry out this section. (b) CONTENTS.—The report described in sub- herent and coordinated strategy to support Page 20, line 6, strike ‘‘(f)’’ and insert section (a)— the microenterprise sector and an increase of ‘‘(g)’’. (1) should include how the President, in multilateral resource flows for the purposes Page 20, line 16, strike ‘‘and each’’ and in- consultation with the Administrator of the of building microenterprise retail and whole- sert ‘‘or any’’. United States Agency for International De- sale intermediaries. Mr. SMITH of New Jersey (during the velopment, the Secretary of State, and the The CHAIRMAN. Are there any reading). Mr. Chairman, I ask unani- Secretary of the Treasury, will jointly de- amendments? velop a comprehensive strategy for advanc- mous consent that the amendment be AMENDMENT OFFERED BY MR. SMITH OF NEW ing the global microenterprise sector in a considered as read and printed in the JERSEY way that maintains market principles while RECORD. Mr. SMITH of New Jersey. Mr. Chair- assuring that the very poor, particularly The CHAIRMAN. Is there objection women, obtain access to financial services; man, I offer an amendment. The Clerk read as follows: to the request of the gentleman from and New Jersey? Amendment offered by Mr. SMITH of New (2) shall provide guidelines and rec- There was no objection. ommendations for— Jersey: (A) instruments to assist microenterprise Page 3, beginning on line 22, strike ‘‘While Mr. SMITH of New Jersey. Mr. Chair- networks to develop multi-country and re- this scale’’ and all that follows through line man, this is an amendment that was gional microlending programs; 25. crafted in conjunction with the gen- (B) technical assistance to foreign govern- Page 17, line 15, strike ‘‘part 1’’ and insert tleman from Connecticut (Mr. GEJDEN- ‘‘part I’’. ments, foreign central banks and regulatory Page 19, line 2, strike ‘‘, and’’ and insert ‘‘, SON) and the administration to fund entities to improve the policy environment or’’. the microfinance loan facility. for microfinance institutions, and to Page 19, after line 16, insert the following: The amendment provides that up to strengthen the capacity of supervisory bod- ‘‘(d) GENERAL PROVISIONS.— $5 million may be used to leverage up ies to supervise microcredit institutions; ‘‘(1) POLICY PROVISIONS.—In providing the (C) the potential for federal chartering of to $30 million to rescue a U.S.-sup- credit assistance authorized by this section, ported microenterprise institution United States-based international micro- the board should apply, as appropriate, the finance network institutions, including pro- policy provisions in this part applicable to whose financial situation has been un- posed legislation; development assistance activities. dermined by natural catastrophes or (D) instruments to increase investor con- ‘‘(2) DEFAULT AND PROCUREMENT PROVI- other events out of the control of that fidence in microcredit institutions which SIONS.— institution. would strengthen the long-term financial po- ‘‘(A) DEFAULT PROVISION.—The provisions We have seen key microfinance insti- sition of the microcredit institutions and at- of section 620(q) of this Act, or any com- tutions undermined in Bangladesh and tract capital from private sector entities and parable provisions of law, shall not be con- Central America where it is hard to individuals, such as a rating system for strued to prohibit assistance to a country in microcredit institutions and local credit bu- the event that a private sector recipient of run a bank after all your clients have reaus; assistance furnished under this section is in been killed or made homeless by a (E) an agenda for integrating microfinance default in its payment to the United States flood or by a hurricane. With the ad into United States foreign policy initiatives for the period specified in such section. hoc rescue packages we have assembled seeking to develop and strengthen the global ‘‘(B) PROCUREMENT PROVISION.—Assistance in the past, we have been able to not finance sector; and may be provided under this section without only prevent the collapse of U.S.- (F) innovative instruments to attract regard to section 604(a) of this Act. backed microfinance institutions, but funds from the capital markets, such as in- ‘‘(3) TERMS AND CONDITIONS OF CREDIT AS- to turn them into lending agents of the struments for leveraging funds from the SISTANCE.—(A) Credit assistance provided local commercial banking sector, and the under this section shall be offered on such recovery process, especially in Hon- securitization of microloan portfolios. terms and conditions, including fees charged, duras. (c) APPROPRIATE CONGRESSIONAL COMMIT- as the board may determine. This amendment would help create a TEES DEFINED.—In this section, the term ‘‘(B) The principal amount of loans made microfinance loan facility to ensure ‘‘appropriate congressional committees’’ or guaranteed under this section in any fis- that we no longer have to put together means the Committee on International Rela- cal year, with respect to any single bor- ad hoc packages to rescue such institu- rower, may not exceed $30,000,000. tions of the House of Representatives and tions. I think it is a good amendment, the Committee on Foreign Relations of the ‘‘(C) No payment may be made under any Senate. guarantee issued under this section for any and I hope it has the full support of the SEC. 8. UNITED STATES AGENCY FOR INTER- loss arising out of fraud or misrepresenta- Chamber. NATIONAL DEVELOPMENT AS GLOB- tion for which the party seeking payment is The CHAIRMAN. The question is on AL LEADER AND COORDINATOR OF responsible. the amendment offered by the gen- BILATERAL AND MULTILATERAL ‘‘(4) FULL FAITH AND CREDIT.—All guaran- tleman from New Jersey (Mr. SMITH). MICROENTERPRISE ASSISTANCE AC- tees issued under this section shall con- The amendment was agreed to. TIVITIES. stitute obligations, in accordance with the (a) FINDINGS AND POLICY.—The Congress terms of such guarantees, of the United The CHAIRMAN. Are there other finds and declares that— States of America and the full faith and amendments? (1) the United States can provide leader- credit of the United States of America is If not, under the rule, the Committee ship to other bilateral and multilateral de- hereby pledged for the full payment and per- rises. velopment agencies as such agencies expand formance of such obligations to the extent of b their support to the microenterprise sector; the guarantee. 1245 and Page 19, line 17, strike ‘‘(d)’’ and insert Accordingly, the Committee rose; (2) the United States should seek to im- ‘‘(e)’’. and the Speaker pro tempore (Mr. prove coordination among G-7 countries in Page 19, strike line 23 and all that follows the support of the microenterprise sector in through line 5 on page 20 and insert the fol- LEWIS of Kentucky) having assumed order to leverage the investment of the lowing: the chair, Mr. EWING, Chairman of the United States with that of other donor na- ‘‘(f) FUNDING.—(1)(A) Of the amounts made Committee of the Whole House on the tions. available to carry out this part for each of State of the Union, reported that that (b) SENSE OF THE CONGRESS.—It is the sense the fiscal years 2000 and 2001, up to $5,000,000 Committee, having had under consider- of the Congress that— may be made available for— ation the bill (H.R. 1143) to establish a (1) the Administrator of the United States ‘‘(i) the subsidy cost, as defined in section program to provide assistance for pro- Agency for International Development and 502(5) of the Federal Credit Reform Act of the Secretary of State should seek to sup- 1990, to carry out this section; and grams of credit and other financial port and strengthen the effectiveness of ‘‘(ii) subject to subparagraph (B), the cost services for microenterprises in devel- microfinance activities in United Nations of administrative expenses to carry out this oping countries, and for other pur- agencies, such as the International Fund for section. poses, pursuant to House Resolution H1896 CONGRESSIONAL RECORD — HOUSE April 13, 1999 136, he reported the bill back to the [Roll No. 81] Peterson (MN) Scarborough Taylor (MS) Peterson (PA) Schaffer Terry House with an amendment adopted by YEAS—412 Petri Schakowsky Thomas the Committee of the Whole. Phelps Scott Thompson (CA) Abercrombie Doggett Kelly Pickering Sensenbrenner Thompson (MS) The SPEAKER pro tempore. Under Ackerman Dooley Kennedy Pickett Serrano Thornberry the rule, the previous question is or- Allen Doolittle Kildee Pitts Sessions Thune Andrews Doyle Kilpatrick dered. Pombo Shadegg Thurman Archer Dreier Kind (WI) The question is on the amendment. Pomeroy Shaw Tiahrt Bachus Duncan King (NY) Porter Shays Toomey The amendment was agreed to. Baird Dunn Kingston The bill was ordered to be engrossed Portman Sherman Towns Baker Edwards Kleczka Price (NC) Sherwood Traficant and read a third time, and was read the Baldacci Ehlers Klink Pryce (OH) Shimkus Turner third time, and passed, and a motion to Baldwin Ehrlich Knollenberg Quinn Shows Udall (CO) Ballenger Emerson Kolbe reconsider was laid on the table. Radanovich Shuster Udall (NM) Barcia Engel Kucinich Rahall Simpson Upton f Barr English Kuykendall Ramstad Sisisky Velazquez Barrett (NE) Eshoo LaFalce Regula Skeen Vento GENERAL LEAVE Barrett (WI) Etheridge LaHood Reyes Skelton Visclosky Mr. SMITH of New Jersey. Mr. Bartlett Evans Lampson Reynolds Slaughter Walden Barton Everett Larson Riley Smith (MI) Walsh Speaker, I ask unanimous consent that Bass Ewing Latham Rivers Smith (NJ) Wamp all Members may have 5 legislative Bateman Farr LaTourette Rodriguez Smith (TX) Waters days within which to revise and extend Becerra Fattah Lazio Roemer Smith (WA) Watkins Bentsen Filner Leach their remarks on H.R. 1143, the bill just Rogan Snyder Watt (NC) Bereuter Fletcher Lee Rogers Souder Watts (OK) passed. Berkley Foley Levin Rohrabacher Spence Waxman The SPEAKER pro tempore. Is there Berman Forbes Lewis (CA) Ros-Lehtinen Spratt Weiner objection to the request of the gen- Berry Ford Lewis (GA) Rothman Stabenow Weldon (FL) Biggert Fossella Lewis (KY) Roukema Stark Weldon (PA) tleman from New Jersey? Bilbray Fowler Linder Roybal-Allard Stearns Weller There was no objection. Bilirakis Frank (MA) Lipinski Royce Stenholm Weygand f Bishop Franks (NJ) LoBiondo Rush Strickland Whitfield Blagojevich Frelinghuysen Lofgren Ryan (WI) Stump Wicker RECESS Bliley Frost Lowey Ryun (KS) Stupak Wilson Blumenauer Gallegly Lucas (KY) Sabo Sununu Wise The SPEAKER pro tempore. Pursu- Blunt Ganske Lucas (OK) Salmon Sweeney Wolf ant to clause 12 of rule I, the Chair de- Boehlert Gejdenson Luther Sanchez Talent Woolsey Boehner Gekas Maloney (CT) clares the House in recess until ap- Sanders Tancredo Wu Bonilla Gephardt Maloney (NY) Sandlin Tanner Wynn proximately 1:15 p.m. Bonior Gibbons Manzullo Sawyer Tauscher Young (AK) Accordingly (at 12 o’clock and 47 Bono Gilchrest Markey Saxton Tauzin Young (FL) minutes p.m.), the House stood in re- Borski Gillmor Martinez Boswell Gilman Mascara NAYS—2 cess until approximately 1:15 p.m. Boucher Gonzalez Matsui Paul Sanford f Boyd Goode McCarthy (MO) Brady (PA) Goodlatte McCarthy (NY) NOT VOTING—19 b Brady (TX) Goodling McCollum 1337 Aderholt DeLay Oberstar Brown (OH) Gordon McCrery Armey DeMint Rangel AFTER RECESS Bryant Graham McDermott Brown (CA) Goss Taylor (NC) Burr Granger McGovern Brown (FL) Hastings (FL) Tierney The recess having expired, the House Burton Green (TX) McHugh Carson Hoekstra Wexler was called to order by the Speaker pro Buyer Green (WI) McInnis Cooksey Lantos Callahan Greenwood McIntosh tempore (Mr. EVERETT) at 1 o’clock and Davis (IL) Largent 37 minutes p.m. Calvert Gutierrez McIntyre Camp Gutknecht McKeon b 1401 f Campbell Hall (OH) McKinney Canady Hall (TX) McNulty So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER Cannon Hansen Meehan thereof) the rules were suspended and PRO TEMPORE Capps Hastings (WA) Meek (FL) Capuano Hayes Meeks (NY) the bill was passed. The SPEAKER pro tempore. Pursu- Cardin Hayworth Menendez The result of the vote was announced ant to clause 8 of rule XX, the Chair Castle Hefley Metcalf as above recorded. will now put the question on each mo- Chabot Herger Mica A motion to reconsider was laid on tion to suspend the rules on which fur- Chambliss Hill (IN) Millender- Chenoweth Hill (MT) McDonald the table. ther proceedings were postponed ear- Clay Hilleary Miller (FL) Stated for: lier today in the order in which that Clayton Hilliard Miller, Gary Mr. GOSS. Mr. Speaker, on rollcall No. 81, motion was entertained. Clement Hinchey Miller, George Clyburn Hinojosa Minge I was inadvertently detained. Had I been Votes will be taken in the following Coble Hobson Mink present, I would have voted ``yes.'' order: H.R. 46 by the yeas and nays, Coburn Hoeffel Moakley f and H.Con.Res. 35 by the yeas and nays. Collins Holden Mollohan The Chair will reduce to 5 minutes Combest Holt Moore ANNOUNCEMENT BY THE SPEAKER Condit Hooley Moran (KS) PRO TEMPORE the time for the electronic vote after Conyers Horn Moran (VA) the first vote in this series. Cook Hostettler Morella The SPEAKER pro tempore (Mr. f Costello Houghton Murtha EVERETT). Pursuant to the provisions Cox Hoyer Myrick of clause 8 of rule XX, the Chair an- PUBLIC SAFETY OFFICER MEDAL Coyne Hulshof Nadler nounces that he will reduce to a min- OF VALOR ACT OF 1999 Cramer Hunter Napolitano Crane Hutchinson Neal imum of 5 minutes the period of time The SPEAKER pro tempore. The Crowley Hyde Nethercutt within which a vote by electronic de- Cubin Inslee Ney pending business is the question of sus- Cummings Isakson Northup vice may be taken on the additional pending the rules and passing the bill, Cunningham Istook Norwood motion to suspend the rules on which H.R. 46. Danner Jackson (IL) Nussle the Chair has postponed further pro- The Clerk read the title of the bill. Davis (FL) Jackson-Lee Obey Davis (VA) (TX) Olver ceedings. The SPEAKER pro tempore. The Deal Jefferson Ortiz f question is on the motion offered by DeFazio Jenkins Ose the gentleman from Florida (Mr. DeGette John Owens CONGRATULATING QATAR FOR Delahunt Johnson (CT) Oxley MCCOLLUM) that the House suspend the COMMITMENT TO DEMOCRATIC DeLauro Johnson, E. B. Packard IDEALS AND WOMEN’S SUF- rules and pass the bill, H.R. 46, on Deutsch Johnson, Sam Pallone which the yeas and nays are ordered. Diaz-Balart Jones (NC) Pascrell FRAGE The vote was taken by electronic de- Dickey Jones (OH) Pastor The SPEAKER pro tempore. The Dicks Kanjorski Payne vice, and there were—yeas 412, nays 2, Dingell Kaptur Pease pending business is the question of sus- not voting 19, as follows: Dixon Kasich Pelosi pending the rules and agreeing to the April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1897 concurrent resolution, H. Con. Res. 35, Lowey Pease Smith (MI) The SPEAKER pro tempore. Under a Lucas (KY) Pelosi Smith (NJ) as amended. Lucas (OK) Peterson (MN) Smith (TX) previous order of the House, the gen- The Clerk read the title of the con- Luther Peterson (PA) Smith (WA) tleman from Oregon (Mr. BLUMENAUER) current resolution. Maloney (CT) Petri Snyder is recognized for 5 minutes. Maloney (NY) Phelps Souder (Mr. BLUMENAUER addressed the The SPEAKER pro tempore. The Manzullo Pickering Spence question is on the motion offered by Markey Pickett Spratt House. His remarks will appear here- the gentlewoman from Florida (Ms. Martinez Pitts Stabenow after in the Extensions of Remarks.) Mascara Pombo Stark f ROS-LEHTINEN) that the House suspend Matsui Pomeroy Stearns the rules and agree to the concurrent McCarthy (MO) Porter Stenholm The SPEAKER pro tempore. Under a resolution, H. Con. Res. 35, as amended, McCarthy (NY) Portman Strickland previous order of the House, the gen- on which the yeas and nays are or- McCollum Price (NC) Stump tleman from Georgia (Mr. DEAL) is rec- McCrery Pryce (OH) Stupak dered. McDermott Quinn Sununu ognized for 5 minutes. This is a 5-minute vote. McGovern Radanovich Sweeney (Mr. DEAL of Georgia addressed the The vote was taken by electronic de- McHugh Rahall Talent House. His remarks will appear here- McInnis Ramstad Tancredo after in the Extensions of Remarks.) vice, and there were—yeas 418, nays 0, McIntosh Regula Tanner not voting 15, as follows: McIntyre Reyes Tauscher f McKeon Reynolds Tauzin [Roll No. 82] The SPEAKER pro tempore. Under a McKinney Riley Taylor (MS) previous order of the House, the gentle- YEAS—418 McNulty Rivers Taylor (NC) Meehan Rodriguez Terry woman from the District of Columbia Abercrombie Costello Gutknecht Meek (FL) Roemer Thomas (Ms. NORTON) is recognized for 5 min- Ackerman Cox Hall (OH) Meeks (NY) Rogan Thompson (CA) utes. Allen Coyne Hall (TX) Menendez Rogers Thompson (MS) Andrews Cramer Hansen Metcalf Rohrabacher Thornberry (Ms. NORTON addressed the House. Archer Crane Hastings (WA) Mica Ros-Lehtinen Thune Her remarks will appear hereafter in Armey Crowley Hayes Millender- Rothman Thurman the Extensions of Remarks.) Bachus Cubin Hayworth McDonald Roukema Tiahrt f Baird Cummings Hefley Miller (FL) Roybal-Allard Toomey Baker Cunningham Herger Miller, Gary Royce Towns EXCHANGE OF SPECIAL ORDER Baldacci Danner Hill (IN) Miller, George Rush Traficant Baldwin Davis (FL) Hill (MT) Minge Ryan (WI) Turner TIME Ballenger Davis (VA) Hilleary Mink Ryun (KS) Udall (CO) Mr. BERMAN. Mr. Speaker, I ask Barcia Deal Hilliard Moakley Sabo Udall (NM) Barr DeFazio Hinchey Mollohan Salmon Upton unanimous consent to take the time Barrett (NE) DeGette Hinojosa Moore Sanchez Velazquez previously allotted to the gentlewoman Barrett (WI) Delahunt Hobson Moran (KS) Sanders Vento from the District of Columbia (Ms. Bartlett DeLauro Hoeffel Moran (VA) Sandlin Visclosky NORTON). Barton DeLay Holden Morella Sanford Walden Bass Deutsch Holt Murtha Sawyer Walsh The SPEAKER pro tempore. Is there Bateman Diaz-Balart Hooley Myrick Saxton Wamp objection to the request of the gen- Becerra Dickey Horn Nadler Scarborough Waters Bentsen Dicks Hostettler tleman from California? Napolitano Schaffer Watkins There was no objection. Bereuter Dingell Houghton Neal Schakowsky Watt (NC) Berkley Dixon Hoyer Nethercutt Scott Watts (OK) f Berman Doggett Hulshof Ney Sensenbrenner Waxman Berry Dooley Hunter Northup Serrano Weiner HEARTBROKEN FAREWELL TO Biggert Doolittle Hutchinson Norwood Sessions Weldon (FL) JOYCE CHIANG Bilbray Doyle Hyde Nussle Shadegg Weldon (PA) Bilirakis Dreier Inslee Obey Shaw Weller The SPEAKER pro tempore. Under a Bishop Duncan Isakson Olver Shays Weygand previous order of the House, the gen- Blagojevich Dunn Istook Ortiz Sherman Whitfield tleman from California (Mr. BERMAN) is Bliley Edwards Jackson (IL) Ose Sherwood Wicker Blumenauer Ehlers Jackson-Lee Owens Shimkus Wilson recognized for 5 minutes. Blunt Ehrlich (TX) Oxley Shows Wise Mr. BERMAN. Mr. Speaker, I am Boehlert Emerson Jefferson Packard Shuster Wolf truly heartbroken today to rise to say Boehner Engel Jenkins Pallone Simpson Woolsey a final farewell to my friend and Bonilla English John Pascrell Sisisky Wu Bonior Eshoo Johnson (CT) Pastor Skeen Wynn former staff member, Joyce Chiang. Bono Etheridge Johnson, E. B. Paul Skelton Young (AK) On January 9, Joyce vanished from Borski Evans Johnson, Sam Payne Slaughter Young (FL) her neighborhood. On April 1, she was Boswell Everett Jones (NC) Boucher Ewing Jones (OH) NOT VOTING—15 found on the shore of the Potomac Boyd Farr Kanjorski Aderholt DeMint Largent River in southern Fairfax County. Brady (PA) Fattah Kaptur Brown (CA) Goode Oberstar Word yesterday of positive identifica- Brady (TX) Filner Kasich Brown (FL) Hastings (FL) Rangel Brown (OH) Fletcher Kelly tion brought an end to the long vigil Carson Hoekstra Tierney kept by her friends and family, and Bryant Foley Kennedy Davis (IL) Lantos Wexler Burr Forbes Kildee brought an end to the hope that we Burton Ford Kilpatrick b would see her bright smile once again. Buyer Fossella Kind (WI) 1413 Joyce was born in Chicago, but she Callahan Fowler King (NY) So (two-thirds having voted in favor Calvert Frank (MA) Kingston lived in California, and she was a Cali- Camp Franks (NJ) Kleczka thereof) the rules were suspended and fornia girl. Bright, beautiful, smart as Campbell Frelinghuysen Klink the concurrent resolution, as amended, Canady Frost Knollenberg a whip, she volunteered as an intern in was agreed to. my Los Angeles office when she was Cannon Gallegly Kolbe The result of the vote was announced Capps Ganske Kucinich still a teenager. Capuano Gejdenson Kuykendall as above recorded. In 1990, while a student at Smith Col- Cardin Gekas LaFalce A motion to reconsider was laid on lege, she spent January in my Wash- Castle Gephardt LaHood the table. Chabot Gibbons Lampson ington office as an LBJ intern. At the Chambliss Gilchrest Larson f end of the month, she had to rush back Chenoweth Gillmor Latham to Smith, because she was Senate Fi- Clay Gilman LaTourette b Clayton Gonzalez Lazio 1415 nance Committee Chair of the Smith Clement Goodlatte Leach College Student Government Associa- Clyburn Goodling Lee SPECIAL ORDERS tion, and she had to plan for budget Coble Gordon Levin Coburn Goss Lewis (CA) The SPEAKER pro tempore (Mr. season. In her senior year, Joyce’s fel- Collins Graham Lewis (GA) EVERETT). Under the Speaker’s an- low students elected her to be presi- Combest Granger Lewis (KY) nounced policy of January 6, 1999, and dent of their student body. Condit Green (TX) Linder under a previous order of the House, Last year, as my daughter was decid- Conyers Green (WI) Lipinski Cook Greenwood LoBiondo the following Members will be recog- ing where she might want to go to col- Cooksey Gutierrez Lofgren nized for 5 minutes each. lege, she sought Joyce’s advice and, as H1898 CONGRESSIONAL RECORD — HOUSE April 13, 1999 a result, she is today a student at tleman from North Carolina (Mr. ready received in the House for this Joyce’s alma mater, Smith College at JONES) is recognized for 5 minutes. bill. But I will be asking each and Northhampton, Massachusetts. Mr. JONES of North Carolina. Mr. every one of my colleagues from both Joyce graduated from Smith in 1992 Speaker, we as a Congress and as a na- parties to join me in support of this ef- and showed up in my office looking for tion are very concerned about the cur- fort. Now is the best time to show our a day job so she could go to law school rent conflict in the Balkans. It is sad military that we value their job and at night at Georgetown University. I that too many times we do not think of their sacrifice. was delighted to give her that job, our military or address the problems I hope my colleagues will join me in knowing the benefit was more mine they face until they are called to duty. supporting our military families and than hers. Only then are we reminded of the crit- join me in supporting H.R. 1055. True to form, she was a wonderful ical role they play in defending this God bless our troops, Mr. Speaker, friend and staffer. In the years from great country and our interests. and God bless America. 1992 until 1995, she advanced in respon- Like so many of my colleagues, I do f sibility until she became my expert ad- appreciate and value the service of our visor on immigration law. That exper- Nation’s armed forces, whether at war CHINESE ILLEGAL IMMIGRATION tise led the INS to offer her a job as a or at peace. In the Third District of The SPEAKER pro tempore. Under a special assistant to the Director of the North Carolina, which I am proud to previous order of the House, the gen- Office of Congressional Relations. represent, we are fortunate enough to tleman from Guam (Mr. UNDERWOOD) is Upon her completion of law school, have four military bases. recognized for 5 minutes. she transferred to the INS office of I have had the opportunity to spend Mr. UNDERWOOD. Mr. Speaker, I General Counsel where she was pri- many hours meeting privately, off want to bring to the House’s attention marily responsible for coordinating and base, with dozens of military pilots, again a continuing problem with Chi- directing the myriad of activities re- commanders, and enlisted personnel. nese illegal immigration in Guam. quired to implement the 1996 Immigra- These men and women will tell us what This past Tuesday, on April 6, 82 were tion Act. apprehended while preparing to come Joyce was not only hardworking, many of my colleagues will, our mili- on shore. On Wednesday, April 7, nine bright, and selfless, her personality tary’s quality of life is far below what more Chinese illegal immigrants were was so engaging that she literally lit it should be. In fact, low pay levels discovered by a U.S. naval vessel whose up any room she entered. She was both have forced almost 12,000 of our en- permits to work on Saipan in the Com- within and without a beautiful person. listed military families to accept food monwealth of the Northern Marianas That I had the opportunity to know her stamps to survive. and work with her will always be a Mr. Speaker, this is unacceptable. A Islands, had expired, and they had de- memory of great joy to me. junior enlisted soldier at an E1 rank re- cided to try their luck on Guam and I cherished her friendship as I do that ceives approximately $11,500 in basic boarded a small 18-foot boat bound for of her two brothers, Roger and John, pay for his service in addition to a Guam. and her mother, Judy. I know that housing allowance. But, Mr. Speaker, On Friday, April 9, 93 illegal immi- they have found some consolation in this same soldier also pays over $3,000 grants were apprehended as their boat learning just how many people loved in taxes on that salary. ran aground on a reef off of Ritidian their daughter and sister. Hundreds of These are the men and women called Point. her friends from Smith College, from upon to defend this Nation. They are On Sunday, April 11, 38 suspected il- Capitol Hill, from the INS, from placed in harm’s way to protect the legal immigrants, including two Georgetown Law School, and from her freedoms my colleagues and I enjoy women, were caught off of Agat where community and neighborhoods came every day. How can we expect our they arrived on the dilapidated wooden together to search for her, to stand troops to focus on, or successfully com- boat. vigil in both Washington and Los Ange- plete, their missions if they are wor- The number of apprehended Chinese les, and to pray for her and her family. ried about their husbands, wives, and illegal immigrants in Guam caught I send to Roger, John and Mrs. children back home that are struggling since January of this year is now up to Chiang my deepest sympathy and love, to put food on the table? 473. On a per capita basis, this would be and pray that they will find comfort in Our troops accept the ultimate re- like 5,000 illegal immigrants washing knowing the full extent to which sponsibility. They sacrifice their lives up on the shores of Florida. Joyce’s life fit the words of the Proph- for this country, and they accept it A couple of weeks ago, I informed et Micah: ‘‘What doth the Lord require voluntarily. Yet, despite the critical this body about the criminal and inhu- of thee, but to do justice, to love mercy job they undertake, many are paid so mane ramifications of this wave of ille- and to walk humbly with thy God?’’ little they are forced to take on second gal immigrants into Guam. The Chi- f jobs. Many others are left to rely on nese are smuggled by crime syndicates The SPEAKER pro tempore. Under a government assistance to feed their which charge them anywhere from previous order of the House, the gen- families. $10,000 to $30,000 each. They set sail in tleman from Indiana (Mr. BURTON) is Last month, I introduced a bill to squalid quarters and are sometimes recognized for 5 minutes. provide our enlisted military families abused by their smugglers. They travel (Mr. BURTON of Indiana addressed who are eligible for food stamps with a over the open seas for over 20 days. the House. His remarks will appear $500 tax credit. It should not take a Upon successfully completing the hereafter in the Extensions of Re- conflict like that in Kosovo to remind trip, they are made indentured serv- marks.) us of the important part our armed ants and have to pay off their debt to f services play in protecting the free- the smugglers who brought them to the The SPEAKER pro tempore. Under a doms of this Nation, but it often does. U.S. previous order of the House, the gentle- Now, as we turn on the evening news With the arrival this week of almost woman from Texas (Ms. JACKSON-LEE) and can see our military in action, 200 illegal immigrants, we see the rise is recognized for 5 minutes. Congress has an excellent opportunity of other factors in Guam. Guam is un- (Ms. JACKSON-LEE of Texas ad- to show its support for our Nation’s dergoing current economic crisis dressed the House. Her remarks will troops and work to address the needs of caused by the Asian downturn, and we appear hereafter in the Extensions of our military. While this $500 tax credit have no basis upon which to deal with Remarks.) cannot alone guarantee military fami- them. Yet the INS has gone bankrupt f lies will not have to receive food and refuses to house these illegal im- stamps, it can, together with the an- migrants and refuses to process them SUPPORT MILITARY PERSONNEL ticipated increase in basic pay, help into the United States mainland be- WHO SACRIFICE THEIR LIVES show our support and appreciation for cause they have no funds. FOR OUR NATION our men and women in uniform. So the Government of Guam has The SPEAKER pro tempore. Under a Mr. Speaker, I am thankful for the taken on the responsibility to house previous order of the House, the gen- amount of encouragement we have al- these illegal immigrants at a cost of April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1899 $97 a day in facilities now holding over countries in the world, and yet we play dramatically. So we better be involved 400 occupants when they were designed up to them. We know that they send because the draft will be an issue. to hold only about 150. nuclear and chemical arms to rogue na- We better be involved because body Unlike other areas inside the U.S. tions that we have to deal with. bags will be coming back. We better be mainland, Guam does not have large Again, I hear a lot of people in the involved because, as someone said in an charitable organizations capable of well now supporting this issue who article this weekend, an all-volunteer handling these people. Another factor were not here when 1.8 million Suda- army is dangerous. It is dangerous be- has been the environmental cost of the nese found death through either star- cause it is used very quickly without waves of illegal immigrants. The ship vation or because of execution. What much thought. Yes, I am concerned which ran into the reef on Friday has was the difference? Where were we about three GIs. I am also very con- leaked fuel into Guam’s waters, dam- then? Who was here in the well claim- cerned that GIs would have been where aging the reef and killing other marine ing that somehow or other we should they were. What kind of planning was life. enter that civil war? What about 2.6 that? I am also concerned about our According to the INS officer in million refugees in Afghanistan at the raining bombs and missiles on trains charge on Guam, Mr. David Johnston, present time, and the other 1.5 million carrying passengers who have nothing the waves of illegal immigrants will who the Afghan government has dis- against us and have not participated in not stop unless some action is taken located? Who is crying about our in- the efforts going on in Kosovo at the immediately. What I have suggested volvement there or whether we should present time. through H.R. 945 is to change the INA be involved? So, again, I call on my colleagues. in order not to allow or narrow the gap As I indicated yesterday, when the Join with me and merely say that the for claiming political asylum in Guam. administration came before us and said Congress of the United States has to be What these Chinese syndicates do is we are going into Bosnia for a year, I very much involved when we determine use the political asylum claim on asked what are we going to do in a which civil war is to our interest and Guam in order to further their efforts year? It began in the 4th Century, the our security and which is not. We will and to profit from human misery and problems in the Balkans. It began in be making decisions, and draft will be then bring them into the U.S. the 4th Century with the fall of the one of those decisions, and that will Another thing that we must do is Roman Empire. It was exacerbated in change public opinion dramatically. that there is currently a proposal in the 10th Century with the rise of the f the White House which has not seen Ottoman Empire. What will we do in a RECOGNITION OF DISTINGUISHED complete fruition, and that is to form year to undo all the hatred that has U.S. VETERAN JOE P. POE, JR. an interagency task force to deal with been built through all of those cen- issues of insular areas. This is a crit- turies? And of course the answer, as we The SPEAKER pro tempore (Mr. ical need. It is important that the now know it, is nothing. Four years EVERETT). Under a previous order of White House immediately, sometime later and $7 billion later we are still the House, the gentleman from North this week, convene an interagency task there. Carolina (Mr. ETHERIDGE) is recognized force meeting involving the Depart- And when the White House came be- for 5 minutes. ment of Justice, the Department of fore us and said we are going into Haiti Mr. ETHERIDGE. Mr. Speaker, I rise Transportation with the Coast Guard, for a year, I said this will be the 11th today to call to the attention of the the Department of Defense and the De- time; the last time we were there 15 Congress a distinguished United States partment of State in order to address years. What will we do differently this veteran by the name of Joe Poe from this crisis in Guam. time? The answer is nothing, because Dunn, North Carolina. f again we are still there and still spend- As our Nation focuses on the mission ing the money of our taxpayers. of our men and women in uniform in U.S. INVOLVEMENT IN KOSOVO I got to the point where I talked Yugoslavia and other parts of the The SPEAKER pro tempore. Under a about apples and oranges because peo- world, I rise to pay tribute to one who previous order of the House, the gen- ple like to somehow or other say this has already served. Joe, his wife tleman from Pennsylvania (Mr. GOOD- has something to do with Hitler and Marilyn, and their children suffer from LING) is recognized for 5 minutes. Nazi Germany. That is nonsense. It has undiagnosed Gulf War related illnesses. Mr. GOODLING. Mr. Speaker, last nothing to do with that at all. There is Joe served in the United States Army evening I indicated that I would be no correlation at all. for 20 years before retiring in 1992. His back to finish today what I started yes- What happened at that particular assignments have included serving in terday as to why I introduced legisla- time is the free world did the same stu- the 82nd Airborne and the 101st Air- tion that calls on the Congress to be pid thing we do always. After a war, we borne Divisions, as a drill sergeant in full partners when we determine which melt down our defenses. We sat there Panama in Operation Just Cause. He civil war we will enter or which we will and we watched Germany build the also served in support of joint special not. That certainly is the responsi- largest war machine anyone could ever operations, and as a team sergeant for bility of the Congress. imagine. And so when poor old Cham- a forward surgical team in Operations Desert Storm and Desert Shield. b berlain has to go and try to do a little 1430 negotiating to buy time, we blame him During his career, one of Joe’s great- My legislation basically says that no as an appeaser. What else could he have est contributions was helping write and DOD money can be used to send ground done? implement the Army’s doctrine on for- troops into Kosovo unless approved by We saw a big military buildup in Ger- ward surgical teams. He is the recipi- the Congress of the United States. many not with the idea of staying ent of the Bronze Star, the Meritorious Now, it is right to condemn Milosevic within Germany, of course, but with Service Medal, Army Commendation for driving ethnic Albanians out of the idea of moving all over the con- Medal, Armed Forces Expeditionary Kosovo, particularly after the bombing tinent, and perhaps all over the world. Medal, and other high honors, decora- began. And, of course, unfortunately, So there are no similarities in that tions and badges. at the same time, as I mentioned yes- particular situation. The Gulf War should have been Joe’s terday, we play up to China. It is important that we as a Congress last battle, but it was not to be. Fol- Now, Yugoslavia has 114,000 military be part of this decision-making process lowing his service, Joe began to experi- and they are the size of Kentucky. when we decide that we are going to ence disabling side effects as a result of China is the size of the United States enter someone’s civil war. Why? Num- his service in the Persian Gulf. Six and they have 2.8 million military. ber one, the draft. We positively have years later, and thanks to the deter- They have another reserve of 1.2 mil- to come with the draft. We have spread mination of Joe, his family and the ef- lion. They are the worst human rights our forces so thin that the Secretary of forts of Kate Darwin, a dedicated social violators in the world. Their own sta- the Army last week was out recruiting worker on my staff, Joe became des- tistics indicate that they execute more on his own, trying to get people to join, ignated as 100 percent disabled and be- in 1 year than all of the rest of the because we have depleted our forces came one of the first acknowledged H1900 CONGRESSIONAL RECORD — HOUSE April 13, 1999 cases of Gulf War related illnesses by etteville to Winston-Salem to Washington, FIGHTING FOR OTHERS the United States Department of De- D.C. The prognosis is always different. And the prognosis is never Gulf War Syndrome. Mike Ange, another local veteran affected fense. I am grateful to Kate and com- with Gulf War Illness, said Mr. Poe is defi- mend her for her tireless efforts bat- He suffers from numerous symptoms like mi- graines, memory loss, concentration prob- nitely a modern-day hero. ‘‘He has a tremen- tling the Federal bureaucracy on be- lems, balance, speech, vision-loss and others. dous medical problem that nobody really half of Joe and other veterans. Though frustrated sometimes to tears over knows how to fight. Despite that, he gets up Even though his speech has slowed the government’s attitude toward he and every day and spends most of the day fight- considerably now, the whole world lis- other veterans’ suffering from an unknown ing not just for himself, but for others as tens to Joe Poe. He spends countless illness, Mr. Poe still arrives at work early in well.’’ hours on the internet contacting other the mornings—except when he just can’t Larry Perry, spokesperson for the Desert Gulf War veterans and lawmakers to seem to make it in—at the family’s business. Storm Veterans of the Carolinas Associa- American Artisans on South Clinton Avenue organize them to support Gulf War vet- tion, echoes those remarks. ‘‘Joe puts unbe- in Dunn. Though he is no longer able to work lievable amounts of time and energy into erans and their causes. with the business, he goes there and digs in this fight. It takes guys like Joe to win this Late last year, with limited time re- for a daily battle of researching information thing. His fight, I hope, will one day lead us maining in the legislative session, Joe on Gulf War illness, developing and linking to victory.’’ and other North Carolina veterans ar- numerous veterans groups across the state Mrs. Poe said their fight has been solidified and nation, and being a support link for rived in Washington to press law- by the great community they live in. ‘‘I other veterans. makers to pass legislation on behalf of can’t say enough about Dunn. The people be- Gulf War Veterans. As a result of their DEAD ANIMALS FOUND lieve in Joe’s fight and they are very sup- efforts, H.R. 4035, the Drugs and In- He is uncertain of how he contracted the portive. People like those at First Baptist formed Consent Act, and H.R. 4036, the disease, but he does tell frightening stories Church who have gone above and beyond Persian Gulf Veterans Health Act were of his time spent in the Gulf War to include what is normally expected. And U.S. Rep. dead animals being found near his camp and passed, thanks to Joe and his boundless Bob Etheridge who stands behind Joe and mysterious colored clouds. Mr. Poe was near other veterans,’’ she said. determination and his continuous ef- the ammunition depot where Iraqi chemical fort. weapons were destroyed. The Poes have sent their blood off to be I learned things from this. Never un- He said there were more than 1,600 other tested for mycoplasmal infections at the In- derestimate Joe Poe and never under- reports of mysteriously dead animals. ‘‘DoD stitute for Molecular Medicine in Irvine, CA. However, the testing procedure has been put estimate the unshakable will of the (Department of Defense) said the animals died from a natural occurrence of anthrax,’’ on hold until funds can be raised to continue human spirit. research. The testing of veterans’ blood by Mr. Speaker, I provide for the he said. ‘‘Maybe one or two or maybe a herd, but not 1,600 different reports of animals the medical institute is not financially-sup- RECORD an article dated September 30, dead and the flies on them dead, too. It had ported by the Department of Defense. The 1997, from the Daily Record of Dunn, to be something more.’’ Poe’s blood samples are two of 500 waiting to North Carolina, on Joe Poe. He also tells of multiple detections of be sampled. Out of the 500 samples, 200 of those are from North Carolina. ONCE FIGHTING FOR COUNTRY, NOW FIGHTING nerve agents by several units near his camp FOR HIS LIFE to include his unit. Mr. Poe was one of the Mr. Poe and other veterans plan to hold JOE POE WORKS EVERY DAY TO FIND ANSWERS people who gave a report to DoD about the annual meetings to help disseminate up-to- FOR HIM AND OTHERS ABOUT WHAT HAS detection of nerve agents. Mr. Poe and his date information on Gulf War Illness. CAUSED HIS GULF WAR ILLNESS. three teammates all suffer from some type of illness. Mr. Speaker, I yield to the gentleman (By Andy Rackley) According to Mr. Poe’s wife Marilyn, her from New Jersey (Mr. ROTHMAN). Talk with Dunn’s Joe Poe and it is easy to husband was already sick by the time he re- understand why so many people have rallied turned from the Gulf. ‘‘We—the children and SAVE SOCIAL SECURITY AND MEDICARE around him and feed off his determination. I—knew something was wrong He had nu- Visit with Mr. Poe for more than 10 min- Mr. ROTHMAN. Mr. Speaker, I thank merous problems and symptoms which you my good friend, the gentleman from utes and it is also easy to see why friends, could not define as to one sickness. Every- family members and casual acquaintances thing was steady and in slow progression North Carolina (Mr. ETHERIDGE). call him an unsung hero. until 1995 when Joe’s speech became dra- Mr. Speaker, 2 years ago we balanced Mr. Poe, a 20-year retired Army veteran, matically affected, he had trouble walking the budget for the first time in 29 was once the lean, mean fighting machine and just getting around. And he has contin- which invokes the spirit of the elite soldiers years. Now we must meet our next ued to get worse,’’ she said. great challenges, making sure that So- in the U.S. Army. He tells of numerous mili- FAMILY SHOWING SYMPTOMS tary stories with a fire in his eye which cial Security and Medicare are there Mrs. Poe and the children have also began keeps even the non-interested drawn into his for our children and our grandchildren. to feel signs of the sickness. Mrs. Poe has tales. Mr. Speaker, I like tax cuts, I like However, the final few years of Mr. Poe’s come down with multiple sclerosis and the service saw him journey to what he thought children are having problems with their them as much as the next person, that would be his final battle—less than a year joints. These are the biggest concerns Mr. is why I voted for $95 billion worth of before his retirement—on the desert basin of Poe has. Is his sickness affecting those tax cuts in the 1997 Balanced Budget the Persian Gulf. around him? He has limited his time spent Act. But with Social Security and Mr. Poe was team sergeant for a forward with others in church or eating out with the Medicare set to go broke in the years family because of his fears and concern for surgical team during the Gulf War. There 2034 and 2015 respectively, it should go were only two such teams. The team was others. ‘‘We just want answers,’’ Mrs. Poe said. ‘‘I without saying that fixing Social Secu- part of a doctrine in which Mr. Poe’s bril- think a lot of the doctors we’ve seen are also rity and Medicare should have first pri- liant mind helped design. frustrated. A lot of them don’t know what is ority over any more tax cuts. NOW USES CANE going on or how to help. And those who may Now, a little more than six years after Mr. know something in the Veterans’ hospital Mr. Speaker, with due respect, my Poe’s participation in the Gulf War, Mr. may not be able to help because of higher au- colleagues on the Republican side of Poe’s mind is still beaming with brilliance, thorities. We just want help before it is too the aisle have put together a budget however, it has slowed somewhat. late.’’ that does not put one penny toward ex- The soldier which used to walk several Mr. Poe doesn’t have an answer to the ill- tending the life of either Social Secu- clicks (kilometer) in an hour with a 60-pound ness facing he and fellow veterans, but every rity or Medicare. Instead, in my judg- rucksack on his back, now has to walk with day he adds another piece of information to ment, my good friends on the Repub- the use of a cane and can barely support his his Gulf War illness collection. Other vet- own weight. The man who helped rewrite the erans say Mr. Poe’s fight each day is a huge lican side of the aisle are ready to Army’s doctrine on forward surgical teams, step for all Gulf War veterans. squander $780 billion worth of our sur- now takes about 30 minutes to type a para- One of those people who call Mr. Poe a plus on open-ended irresponsible tax graph on a computer. Regardless of the ob- hero is his wife. ‘‘One thing about Joe is that cuts. stacle and the limitations caused by his ill- he has always done things for the benefit of Mr. Speaker, in my judgment we ness, he gives a smile and carries on in his others whether it was his role as a husband, fight. his role as a father or soldier. He always ought to save Social Security and According to Mr. Poe and his family, he gave it his all and then some. What amazes Medicare first before we spend any has Gulf War illness. He has been poked and me is that even with his situation, he is still more of the surplus on any more tax prodded by numerous hospitals from Fay- thinking of others.’’ cuts. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1901 TRIBUTE TO OUTSTANDING PUB- mentum propelling us toward major cern and their love of Joyce. And al- LIC SERVANT, DR. PHILLIP medical advances. His leadership has most immediately, posters of Joyce ap- GORDEN, DIRECTOR OF NIDDK been a key factor in making these ad- peared all over the City of Washington, The SPEAKER pro tempore. Under a vances possible. urging people to contact authorities if previous order of the House, the gen- Though he will soon leave as head of they had any knowledge of her where- tleman from Mississippi (Mr. WICKER) the institute, Dr. Gorden has charted abouts. is recognized for 5 minutes. an ambitious and steady course for the Not only her friends, but also and es- Mr. WICKER. Mr. Speaker, I wanted NIDDK as it begins both a new century pecially her family missed and worried to take a moment this afternoon to and its second 50 years of service to the about Joyce. Her family endured with praise a truly outstanding public serv- Nation. courage and religious faith the ant of the Federal Government, some- Mr. Speaker, it is appropriate for us unendurable 3 months knowing that one who has contributed to healthier to recognize outstanding public serv- their sister, their daughter was miss- lives for literally millions of Ameri- ants for a job well done. Our thanks ing. today go to Dr. Phillip Gorden for his cans. I speak of Dr. Phillip Gorden, Our heart goes out to her brother lifetime commitment to improving the who is stepping down this year after 13 Robert, in Texas, and her brother quality of life for his fellow citizens. years as head of the National Institute Roger, who lives here in the District of Millions of Americans are living of Diabetes and Digestive and Kidney Columbia and who spent so much time healthier lives as a result of the re- Diseases. publicizing Joyce’s absence in the hope As a member of the appropriations search Dr. Gorden and his colleagues that someone would be able to identify subcommittee which funds the Na- have done and continue to do at NIH. Joyce’s whereabouts, hopefully to help tional Institutes of Health, I have had f us find her, help the authorities find the opportunity to work with Dr. The SPEAKER pro tempore. Under a her during her life. Gorden for the past 5 years. He is one previous order of the House, the gen- of the Nation’s preeminent health care And I am proud to represent and my tleman from Florida (Mr. DIAZ- professionals, and I am proud to say he heart goes out to two residents of the BALART) is recognized for 5 minutes. is a fellow Mississippian. Dr. Gorden’s San Fernando Valley, her mother (Mr. DIAZ-BALART addressed the hometown of Baldwin, Mississippi, is in Judy, who has spent so long and prayed House. His remarks will appear here- my congressional district, and I know so hard for Joyce, and especially to my after in the Extensions of Remarks.) he maintains close ties to his Mis- very close friend, my successor in sissippi roots. As a matter of fact, Mr. f State government and Joyce’s brother, Speaker, he and I are among the few John, who has lived through with his EXPRESSION OF SORROW AT family what I just cannot imagine liv- people in Washington, D.C. who sub- TRAGIC DEATH OF JOYCE CHIANG scribe to the Baldwin News, a small but ing through, 3 months of Joyce’s ab- very informative weekly newspaper in The SPEAKER pro tempore. Under a sence. North Mississippi. previous order of the House, the gen- Joyce will be remembered by so After earning an undergraduate de- tleman from California (Mr. SHERMAN) many. She was an inspiration to so gree from Vanderbilt University and is recognized for 5 minutes. many, and she will be missed by so then graduating from the Vanderbilt Mr. SHERMAN. Mr. Speaker, like the many. distinguished gentleman from Cali- School of Medicine, Dr. Gorden com- Mr. Speaker, I yield 1 minute to the pleted residency and a fellowship at fornia (Mr. BERMAN) who spoke before me, and like the distinguished gentle- distinguished gentlewoman from Cali- Yale University before joining the NIH fornia (Mrs. CAPPS). back in 1966. He began his career as a woman from California (Mrs. LOIS senior investigator in the clinical en- CAPPS) who will speak after me, I rise Mrs. CAPPS. Mr. Speaker, I thank docrinology branch at the NIDDK and to express sorrow at the tragic death my colleague from California (Mr. later became its clinical director. He and to commemorate the short but in- SHERMAN) for yielding. assumed the position of NIDDK direc- spirational life of Joyce Chiang. And with our mutual colleague, the tor in 1986. b 1445 gentleman from California (Mr. BER- I share the strong interest Dr. MAN), I simply want to join on this sad Gorden has in supporting the NIH’s On January 9, Joyce was last seen in day to remember Joyce Chiang and mission to acquire new knowledge to Dupont Circle, and she was not seen send my most heartfelt condolences to prevent and treat disease and dis- thereafter. A body was discovered on her family and her many friends, her ability. I have seen firsthand the re- April 1, and yesterday that body was friends particularly here on Capitol sults of his commitment to this impor- positively identified as being Joyce. Hill. Joyce lived a life of public service tant mission. Dr. Gorden’s effective As the mother of two grown daugh- and public involvement, starting with leadership has led the institute to ters, I can only imagine the suffering her involvement with the student body great advances in fighting some of the of this family, and the anguish, over government at Smith College, where most chronic and debilitating diseases the past 3 months. I realize that mere she served as student body president, which afflict the American people. words can be of little consolation at a continuing here in the House of Rep- On his watch, Dr. Gorden has seen time like this, but I do hope that the resentatives on the staff of the gen- the National Institute of Diabetes and warm memories and very fond recollec- tleman from California (Mr. BERMAN), Digestive and Kidney Diseases grow to tions that Joyce inspired will provide and continuing to her service at the become the fifth largest NIH institute, some comfort over time. with a budget expected to top $1 billion INS, where she spearheaded the imple- when NIDDK celebrates its 50th anni- mentation of the 1996 immigration bill. I did not know Joyce like my col- versary next year. Joyce never stopped contributing, leagues, but I feel connected to her The institute’s research efforts have never stopped involvement in public through her brother Roger, who has brought breakthrough discoveries in life. And Joyce was an incredible been the family’s courageous public the prevention and treatment of diabe- human being to all who knew her. As voice over these past several weeks. tes, digestive ailments, nutritional dis- everyone who I have talked to says, And Roger is from my family, that is, orders, diseases of the kidney, and we all say the same thing, she lit the University of California at Santa urological tract and blood. up a room every time she walked in. Barbara family. He was a student of In his final testimony before our sub- Those who knew Joyce were not sur- my husband Walter, an active UCSB committee this year, Dr. Gorden ex- prised at what was an incredible and alumnus, and is a close friend of many pressed great optimism about the pros- unprecedented outpouring from her of the young people who worked for pects for the NIDDK as it prepares for friends when she became missing. I par- Walter and work with me. the 21st Century. He said we are on the ticipated in the first of many vigils for To Roger and to the countless others brink of enormous clinical progress and Joyce held at Dupont Circle, and hun- who loved Joyce, my heart is with pointed to extraordinary research mo- dreds showed up to express their con- them today. H1902 CONGRESSIONAL RECORD — HOUSE April 13, 1999 KOSOVO REFUGEES: AN EXODUS Milosevic is the father of the Kosovo around Kosovo are solved, and they can once OF BIBLICAL PROPORTIONS tragedy, as he was in Bosnia and even again return home. before. Beginning in the fall of 1991, An exodus from Kosovo of biblical propor- The SPEAKER pro tempore (Mr. tions is taking place, I saw a newspaper EVERETT). Under a previous order of when Serbs shelled and bombed and headline yesterday, ‘‘Europe’s turn in the the House, the gentleman from Vir- laid siege to Vukovar, he has continued killing fields.’’ That writer must have seen ginia (Mr. WOLF) is recognized for 5 this pattern of destruction. This is just what I saw, a catastrophe that should have minutes. another chapter. been anticipated. Ethnic Albanian refugees Mr. WOLF. Mr. Speaker, an exodus Two, Milosevic is an evil man who from Kosovo are now paying a heavy price from Kosovo of biblical proportions is has directly caused nearly a decade of for this poor judgment. taking place. Thousands upon thou- terror and killing. Nine Serb generals I just returned from a four-day visit to Al- sands of refugees stream across the have just been warned that they may bania—my second since mid-February. I went this time to focus on humanitarian border 24 hours a day. be named as war criminals. Should conditions and needs with tens of thousands There was a newspaper headline in Milosevic head the list? And the an- of refugees streaming across the border from Europe that said ‘‘Europe’s turn in the swer is ‘‘yes.’’ Kosovo each day. killing fields.’’ That writer must have Three, there is a life-and-death crisis By the time we left on Wednesday, an esti- seen what I saw, a catastrophe that in Albania. President Clinton should mated 270,000–300,000 refugees had cross the should have been anticipated. Ethnic immediately send a high-level delega- border from Kosovo. They have added about Albanian refugees from Kosovo are now tion of NSC, State Department, and 10 percent to the Albanian population in a paying a heavy price for this poor judg- matter of only a few days. Defense to go on the scene, people who We arrived in Tirana on Eastern Sunday ment. can make decisions. courtesy of Americares—one of the many I just returned from a 4-day visit to Four, massive amounts of infrastruc- non-governmental organizations (NGO’s) the Balkans. I went to focus on human- ture supplies and communications saving lives, delivering food, water, blan- itarian conditions and the massive equipment are needed at the border, kets, medicine and other items desperately numbers of refugees flooding out of along with people to assemble and op- needed in large quantities. Kosovo each day. I traveled to Kukes erate. Our airplane, a Belgian Air Force C–130 and Morina on the Kosovo-Albania bor- Five, there is a huge shortage of food Hercules, seconded to Americares, was load- der. And when I left, an estimated and people are starving today. But ed with baby food, flour, and other emer- 270,000 to 300,000 refugees had crossed gency supplies. About 20 passengers were on once the influx of refugees ends, the board, mostly print and TV journalists and the border. problem of sustaining them for a Americares staff and volunteers. A few NBC The scene there is heart-wrenching. longer period is no less critical. people from the TODAY show were there. We Our first introduction was the stench, Six, refugees report that a vast num- crowded in amid relief supplies, wherever the overpowering smell of urine and ber of houses and buildings and infra- there was room to sit. feces from refugees with no place to go structures have been destroyed. Every The Tirana airport is just beginning to to the bathroom. In many places the family said, ‘‘My house had been come alive with relief supplies and equip- ment arriving from many nations. U.S. Air ground was covered with feces. It will burned.’’ ‘‘My house had been de- not be long before disease breaks out, Force personnel, with their positive attitude stroyed.’’ We need to help them re- and ‘‘can do’’ spirit, have set up a tent city especially among the people who are build, and that will take a long time already dehydrated, malnourished, and to get the planes off-loaded and the goods for them to return. dispersed. They are doing a great job, and sick. Four cases of measles had been Seven, it is doubtful that Kosovo can planes do not linger on the ground. confirmed as of last Tuesday. ever again be part of the Yugoslav Fed- We left Tirana very early the next morning Refugees are everywhere, camped on eration. It will take a long time to im- for Kukes, a northern Albania town nearest hillsides, along the road, in parks and plement workable solutions. In time, the border crossing. It is a drive of six to plazas, and in parking lots. Most arrive nine hours or more, depending on traffic, Albanians will tire of having to deal as an extended family in carts and weather and luck. We travelled with with the refugees who infringe upon trailers being pulled by farm tractors USAID’s Disaster Response Team (DART) their normal life. Most Kosovo refugees or, in some cases, by horses. Some ar- which was going to assess and coordinate re- have no documentation, no identity rive in cars, but many are on foot, an lief efforts. cards, no medical history, no records. It is the only road to Kukes. It is the only unending procession of people who had This will take a long time to recon- road available to transport relief supplies to been threatened; and many have been struct. And everyone I spoke to said Kukes. It is the only road for newly arriving separated from their families. they want to go home. refugees to travel out of Kukes to the vil- Everyone had a bad story. There is no lages, towns and cities throughout Albania need to document the reports, but Lastly, we must do everything pos- where they will stay, or be moved to other every report was different: ‘‘I lost my sible to help the suffering refugees. countries. husband.’’ ‘‘I lost my wife.’’ ‘‘I lost my These victims of war have lost their It is a treacherous road—a dangerous road son.’’ ‘‘I lost my daughter.’’ And we homes, their livelihoods, and in many through mountains and valleys with steep drop-offs of hundreds of feet. It is barely two should now have people documenting cases their identities. Additionally, having witnessed firsthand their strug- lanes wide with no barriers to prevent going that for a war crimes trial but also for over the edge. The roadway is dotted with history. gle to survive and having seen their fear and their tears, I believe our coun- flower adorned memorials to earlier acci- The country of Albania has re- dents and fatalities. sponded admirably to this entire crisis. try, the United States of America, and We bounced from pothole to pothole It is a poor country but it has opened NATO’s resolve with our partners must around tight S curves, dodging traffic going up its heart and its homes. Still, in be to stop once and for all the brutality in both directions. Worse, the roadbed in a spite of the tremendous effort of people of Serbian leader Slobodan Milosevic. number of places is being undercut by the on the scene, the refugee situation is Mr. Speaker, I include for the passage of heavy trucks. Chunks of road are still a disaster. The Clinton adminis- RECORD the following report of our just falling off. As more and more relief visit to Albania: trucks make the trip, the roadway may dete- tration, the international community, riorate to the point where it is impassable. and NATO were ill prepared to deal REPORT BY U.S. REPRESENTATIVE FRANK R. Officials are looking at creating an airstrip with this crisis they should have an- WOLF OF VIRGINIA, VISIT TO ALBANIA: REFU- near Kukes capable of handling up to C–130 ticipated. The information was there, GEES—AN EXODUS OF BIBLICAL PROPOR- Hercules aircraft. They need to hurry. but those who decided the course of TIONS, APRIL 4–7, 1999 In Kukes we joined with Catholic Relief events, particularly the Clinton admin- This report provides details of my trip to Services (CRS). Like other NGO’s, CRS is istration, did not listen. Albania on April 4–7, 1999. I met briefly with doing a remarkable job with what they have People on the ground in Kosovo be- Albanian leaders in Tirana and spent the to work with. The overall relief effort was bulk of my time at the Kosovo-Albanian bor- late in getting started, is slow in coming up fore the bombing campaign began der near Morina and the nearby town of to speed and, thus far, is overwhelmed by the warned that the Serbs could begin to Kukes. Thousands upon thousands of refu- vast number of refugees. brutalize ethnic Albanians. gees streamed across the border, 24 hours a Our first introduction to the area was the Some comments and suggestions: day. They desperately need lifesaving care stench—the overpowering smell of urine and The brutality has been taking place now and will require sustaining aid for a feces from the enormous numbers of refugees for too long. Serbian President long time until all the problems resolving with no place to go to the bathroom. In April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1903 many places, the ground was covered with Albania is a poor country in wealth, but They don’t. Today, the refugee problem is feces. It won’t be long before disease breaks rich in generosity. hemorrhaging at the border. That’s where out under these conditions, especially among We also sat in on a coordinating meeting of the compress now needs to be applied. Once people who are already dehydrated, malnour- NGO’s who are struggling to cope, many the influx of refugees ends, and they are ished and sick. Four cases of measles had themselves on the edge of exhaustion and placed throughout Albania, the same been confirmed by Tuesday and the NGO’s sickness. The room was filled with coughing amounts of massive help and support must were trying to arrange a massive inoculation and sneezing—respiratory cases about to be re-targeted to provide long-term assist- program. happen. ance. The number of people in Kukes was star- The talk was of how to provide the most 4. Massive amounts of infrastructure sup- tling. This is a town of 23,000 inhabitants help. Who could do what? Who could best plies and communications equipment are which is growing by tens of thousands each ease the shortfall of supplies? The overall needed at the border along with people to as- day. About 30,000 refugees are estimated to conclusion was one of inadequacy, of being semble and operate them. It is not enough to cross the border every day, 24 hours a day. overwhelmed, of having too little to share ship a load of tents. People to erect them, Only about 15,000 to 20,000 refugees are trans- among too many. And the talk was espe- dig toilets and purify water must be there as ported from Kukes daily to other places. The cially about poor logistics and communica- well. Equipment alone is insufficient. Opera- population continues to swell. The most tions. tors and technicians must be there, too. common estimates are that about 80,000 refu- The refugees situation in Albania, in spite When refugees stop coming to the border, gees were in Kukes on Tuesday and Wednes- of the tremendous effort of people on the these needs will continue throughout Alba- day. scene, is a disaster. I think the Clinton ad- nia where massive numbers of refugees will They are everywhere, camped on hillsides, ministration, the international community be housed. along the road, in parks and plazas, and in and NATO were ill-prepared to deal with this 5. There is a huge shortage of food, and parking lots. Most arrive as an extended crisis they should have anticipated. The in- people are starving today. Once the influx of family in trailers being pulled along by trac- formation was there, but those who decided refugees ends, the problem of sustaining tors, or in some cases, by horse. Some arrive the course of events, particularly the Clinton them for a longer period will be no less crit- in cars, but many are on foot. Their only administration, did not listen. ical. Albania can’t feed itself. Food is the possessions are carried on their back. Our Satellite imagery could detect the large country’s largest component of imports. Al- time at the Morina border crossing was an lines of refugees forming along the way to bania is going to need help. overpowering, emotional experience. We saw the borders, but this information has not 6. Albania also has difficulty maintaining an unending procession of people and fami- been available to the United Nations High law and order, even in Tirana. In many re- lies, each with a horrific story to tell. Many Commissioner for Refugees (UNHCR) with mote areas, police protection is non-exist- had been travelling for days under constant overall coordinating responsibility. ent. Unemployment is very high, and there is threat of being harmed or killed by Serb mi- People on the ground in Kosovo before the no capacity to provide work and economic litia. bombing began warned of the possibility that sufficiency for refugees. The Albanian gov- Perhaps just reaching the border was an Serbs would begin to brutalize ethnic Alba- ernment will need to be propped up and the emotional release for them. There were nians. I visited Kosovo in February, a few economy improved. many more women, children and elderly days before Rambouillet talks broke down 7. Refugees report that a vast number of than younger men. Tears were streaming ending hope for a truce with NATO peace- houses, buildings and infrastructure have down their faces—many sobbed uncontrol- keepers in Kosovo. Many Organization for been destroyed in Kosovo. Rebuilding will lably. We had an interpreter and the tales Security and Cooperation in Europe (OSCE), take a long time and care for refugees must they told were chilling. UNHCR and NGO representatives and dip- be worked out while this take place. An 18-year-old boy from the village of Blac lomats predicted then that ethnic Albanians 8. Little is known about the refugee situa- was randomly pulled out of line and shot to would be attacked before NATO troops could tion in Montenegro, but it will undoubtedly death—in front of his mother and family. arrive. In Kosovo, nearly every Serb family add to the overall problem. They wouldn’t even let his mother kiss him is armed, not with Saturday-night specials, 9. It is doubtful that Kosovo can ever again goodbye. but with Kalishnakov automatic rifles. The be a pat of the Yugoslav federation. It will An elderly paralyzed woman was given 10 Serbs Army and Police are heavily armed, take a long time to implement workable so- minutes to leave her home. There wasn’t too. Real concern existed that, hidden from lution. In time, Albanians will tire of having even time to get her medicine. As they western observers, helpless and unprotected Kosovo refugees to deal with and infringe moved away, the family home was set afire— ethnic Albanians would be brutalized. That upon normal life. Most Kosovo refugees have blazing behind them. is exactly what happened. Had this been an- not documentation, no identity cards, med- Everyone has a story. Most have had their ticipated by decision-makers, measures to ical histories or necessary records. Even the homes destroyed. There is a need to docu- provide relief and the basis for survival of license plates were ripped from cars as they ment these reports while they are still fresh, refugees could have been put in motion. crossed the border. This, too, will take time not only for war crimes, but for history as Shiploads, and caches of relief supplies then to reconstruct. well. could have been positioned nearby. 10. And lastly, let me say a word about the The refugees have little food, water, shel- Even now, when it is clear that enormous press. Without their coverage as refugees ter, sanitation or medical care. We went problems exist, too little is being done. began to pile up, it would have taken even with a CRS feeding mission on Monday There is much talk of providing for the long longer to recognize the crisis at hand. The night. It was scheduled after dark to keep run. But people are dying today. Massive press has done a good job of telling the world the hungry people from seeing what was amounts of life-giving supplies are needed what is happening and in mobilizing people going on and getting out of hand at food dis- now. to come to the aid of hundreds of thousands tribution points. But it didn’t work. As soon I would like to close with a few comments of the neediest people. Members of the press as the distributors showed up, starving peo- and recommendations. should be proud of their work. ple began clamoring and struggling for food. 1. This brutality has been taking place for f The trucks were overwhelmed and had to too long. Serbian President Milosevic is the speed away to keep people from being in- father of the Kosovo tragedy as he was in STILTSVILLE: A COMMUNITY OF jured. Police were helping as much as they Bosnia and even before. Beginning in the fall STRUCTURES IN SOUTH FLORIDA could but they are too few. We saw indi- of 1991 when Serbs shelled, bombed and laid vidual policemen on duty for 24 hours siege to Vukovar, Croatia, Milosevic has con- The SPEAKER pro tempore. Under a straight. Many Albanian families, and espe- tinued a pattern of destruction. Kosovo is previous order of the House, the gentle- cially some in Kukes, were warm, welcoming just the latest chapter. woman from Florida (Ms. ROS- and generous. Many opened their homes to 2. Milosevic is an evil man who has di- LEHTINEN) is recognized for 5 minutes. refugees they did not know and had no ear- rectly caused nearly a decade of terror, kill- Ms. ROS-LEHTINEN. Mr. Speaker, a lier connection with. ing and destruction. Nine Serb generals have writer in one of our hometown news- I visited two apartments in Kukes to see just been warned that they may be named as for myself. In one, the residents vacated war criminals for their actions in Kosovo. papers once said that ‘‘Miami is two their two-room apartment so that a Kosovar Shouldn’t Milosevic head the list? parallel universes of life on water and family of 17 could have a place to stay. The 3. There is a life and death crisis in Alba- life on land.’’ She was describing grandfather was blind and just sat facing a nia. President Clinton should immediately Stiltsville, a community of structures wall. There was a baby girl, just weeks or send high level people from the National Se- located approximately 1 mile south of perhaps a few months old. They had been a curity Council, State and defense depart- Key Biscayne, Florida, part of the Con- thriving family in Kosovo, but now have ment—people who can make decisions on the gressional district that I am proud to nothing, not even an idea of what the future scene—to the border crossings in Kukes. A represent. holds. decision-maker/policy person has yet to visit In the next two-room flat, 10 refugees there. And that’s where you have to go to see It is difficult to describe in words the stayed in one room and 17 in the other. The what is really happening. Too many visitors picturesque and peaceful view that the host Kukes residents stayed with them, all stop briefly in Tirana and quickly move on, homes supported by stilts looming sleeping on the floor. thinking they know what is taking place. above the water makes against the H1904 CONGRESSIONAL RECORD — HOUSE April 13, 1999 Florida skyline. Stiltsville began in community itself dating back to the a balanced budget or save Medicare or the 1940s with the Quarterdeck Club, a 1930s and 1940s make it a wonderful have welfare reform.’’ And he agreed to beautiful locale featured in Life maga- component of Miami history. pay that fine. That is the kind of a gen- zine for its unique architecture and lo- Even the State Historic Preservation tleman Newt Gingrich was. cation on the northernmost extreme of Officer of Florida has supported a Na- Do you think that the news media pristine Biscayne National Park. tional Register nomination for after this was announced did anything By 1960, at least 25 structures existed Stiltsville. According to noted histo- or said one word? Let me quote from which represented distinctive architec- rian Arva Moore Parks, Stiltsville is a the article again. tural facades with brightly colored very fragile piece of history worthy of ‘‘ABC, CBS and NBC devoted exactly wood frame buildings resting on steel salvage. And certainly many of us in zero seconds to Newt Gingrich’s vindi- foundations. Stiltsville served for south Florida share that sentiment. cation. Only CNN’s Brooks Jackson many years as the backdrop for many In our district, with the help of doz- filed a TV report, on the early-evening television shows, movies, books, and ens of local organizations, such as Save show ‘Inside Politics.’ advertisements, including the long- Old Stiltsville, the Florida Department ‘‘He then showed old footage of running television show ‘‘Miami Vice.’’ of State, the University of Miami, and Democrats David Bonior of Michigan, It has been a favorite of movie makers, the Greater Miami Chamber of Com- in which he said, ‘Mr. Gingrich engaged of boaters, and tourists alike because merce, we have begun an effort to en- in a pattern of tax fraud,’ and John of its unique features and its frame sure that Stiltsville will remain a part Lewis of Georgia, ‘We now have a against the Miami skyline. Unfortu- of Miami’s history and that future gen- Speaker under investigation for lying nately, due to the hurricanes that erations will be able to enjoy the beau- to the outside counsel investigating his often plague our south Florida shores, ty that Stiltsville adds to Biscayne involvement in a massive tax fraud.’ ‘‘Jackson quoted from the IRS deci- only seven of the original 25 structures Bay. sion: ‘The (Gingrich ‘‘Renewing Amer- remain intact today. b 1500 Stiltsville homes are privately owned ican Civilization’’) course taught prin- and represent no cost at all to the Together, we hope to make this ciples from American civilization that could be used by each American in ev- Florida taxpayers. These seven remain- dream a very real part of south Florida eryday life, whether the person is a ing structures have now been equipped and our State and our country for welfare recipient, the head of a large with especially engineered features years and generations to come. corporation or a politician. The course which have been adapted to meet the f was not biased toward particular poli- rigors of a hurricane-prone area. FORMER SPEAKER GINGRICH VIN- The remaining seven homes provide ticians or a particular party. The facts DICATED—BUT NO ONE KNOWS show the class was much more than a not only aesthetic beauty for the land- IT political platform.’ Of course, that was scape but a haven for fish and other sea clear to anyone who watched the life that inhabit the area. For boaters The SPEAKER pro tempore (Mr. course.’’ and fishermen, Stiltsville is often used EVERETT). Under a previous order of the House, the gentleman from Cali- And I quote from Mr. Gingrich: I urge as a navigational guide and as a shelter my colleagues, the gentleman from for many during storms. fornia (Mr. CUNNINGHAM) is recognized Missouri (Mr. GEPHARDT), the gen- For Floridians, Stiltsville symbolizes for 5 minutes. Mr. CUNNINGHAM. Mr. Speaker, I tleman from Georgia (Mr. LEWIS), the the Miami of yesterday and the Miami gentleman from Michigan (Mr. of today. In fact, Florida governors come to correct the record, for a politi- BONIOR), ‘‘I urge my colleagues to go since Governor Leroy Collins have cally motivated injustice. It is titled ‘‘Newt Gingrich Vindicated, But No back and read their statements and spent time at Stiltsville. Many of our watch how they said them with no local civic and charity groups have One Knows It,’’ by Brent Bozell. I would like to read and summarize this facts, based on nothing more than a de- used these homes, including the Boy sire, and I quote, to politically destroy article for the RECORD on an issue of Scouts, Girl Scouts, the Miami Cham- a colleague.’’ basic justice. ber of Commerce, and the Rotary Club, The article continues. ‘‘But the dam- ‘‘The judgement is in. After 31⁄2 years just to name a few. age wasn’t done simply by devious poli- For many of our cities across our Na- of investigation, the Internal Revenue ticians. It was done by the media itself. tion, there are local historical sites Service has cleared Newt Gingrich and National Public Radio reporter Mara that give our cities character and that his allied nonprofit groups of any viola- Liasson justified the event by saying make them unique. For south Florida, tion of tax laws in the controversy over that he only did what Newt Gingrich Stiltsville is one of those places that his television history course, ‘Renew- did to Jim Wright. ‘Bonior learned his gives our community flavor and keeps ing American Civilization.’ lesson from him,’ she said. us linked to the history of our great ‘‘So after having run countless news ‘‘To appreciate the media’s antag- State. reports highlighting the accusations onism—then, now and probably for- It is unfortunate, however, that in that ultimately forced Newt Gingrich ever—toward Newt Gingrich, compare spite of the historical and cultural to pay $300,000 in fines,’’ did the media their treatment of him with their cov- symbolism that Stiltsville holds for all correct the record? erage of a real crook, Webster Hubbell. of Florida, it is looking at the possi- I would like to let my colleagues, They roasted Newt when he was bility of being demolished by the Na- maybe for the first time, understand charged and then ignored him when he tional Park Service. Its current lease and know what Newt Gingrich was was cleared. Hubbell was celebrated with Biscayne National Park expires about. In our Republican Conference, when he was cleared of tax evasion on July 1 of this year, and a recent pe- the then Speaker, Newt Gingrich, and charges filed by Ken Starr, but when a tition for national historic designation his lawyers met with the entire con- Federal court reinstated the charges on was denied even though Stiltsville is ference. They said that he would be ex- appeal, the networks aired no coverage. regularly a part of the South Florida onerated 100 percent in this. There was ‘‘Let’s get this straight. Webster Historical Association Tours. no chance of him being found guilty. Hubbell embezzled half a million dol- The Dade Heritage Trust, which is But it would take one or more years of lars from his law firm partners in Ar- Miami-Dade County’s largest historic court trials and dragging the Repub- kansas. After he resigned from the Jus- preservation society, has worked for al- lican Party through this event. The tice Department in disgrace, the Presi- most 30 years to preserve landmarks Speaker stood up and said, ‘‘I am not dent’s friends paid him almost another that enrich the texture of our city’s going to do this, because we are focus- million dollars for, quote, supposed present and future, and the benchmark ing on a balanced budget, on saving jobs that asked for no work, money he used by the Dade Heritage Trust for Medicare, on having welfare reform, pays next to zero taxes on.’’ judging structures to be historic is 50 and having tax relief. And if I go I would ask my colleagues to take a years. Yet an exception has been made through this court case and don’t give look at what they said in this well, and for Stiltsville because the members the Democrats their pound of flesh by I would ask them to apologize publicly know that the colorful origins of the paying this fine, then we will not have and in writing to the Speaker. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1905 THE FOLLY OF COMMITTING such a defensive infrastructure, how much This evening, I would like to high- GROUND TROOPS TO KOSOVO harder is it going to be now that they have light a key component of the 1999 spent 50 years in preparing for the next in- Democratic education agenda, the The SPEAKER pro tempore (Mr. vaders? GILLMOR). Under a previous order of school modernization initiative. This The article goes on to claim that any initiative will help address the tragic the House, the gentleman from Colo- attempt on the part of NATO and this rado (Mr. TANCREDO) is recognized for 5 conditions of overcrowded and crum- administration to participate in any bling American schools. Sadly, Mr. minutes. such venture would be just as full of Mr. TANCREDO. Mr. Speaker, as we Speaker, thousands of our public folly and certainly would be just as school children are trying to learn in approach the decision to send ground bloody. And the idea that we can bomb troops into the war in Kosovo, it is im- schools that are overcrowded and in Milosevic into submission is, of course, desperate need of repair. This problem portant for us to look at the historical if you are taking this at face value, if events surrounding that particular is exacerbated by the fact that our the information supplied in this par- country has the highest number of stu- area and to then look at the request ticular article is correct, then that the- that is being made, that will probably dents in our history and enrollment ory, that strategy, is idiotic. will continue to grow at a considerable be made for this Congress to approve in For if there is such a system of cav- some fashion or other, a request from rate for at least the next decade. In erns and caves within Serbia where a order to keep pace with this growth, the administration to commit Amer- million men could be housed and prob- ican troops to this folly. the Department of Education has esti- ably are being housed even at the mated that we need to build 6,000 new During the break, I was given an ar- present time, then how can we possibly ticle that I found quite sobering, from schools over the next 10 years just to expect to really cripple him through maintain current class size. This crisis an individual in my district. The title any amount of bombing that we can of the article is ‘‘Serbia: The lesson of is compounded by the fact that in addi- possibly do? It will, of course, take tion to our overcrowded schools, many Army Group E.’’ It came off of the net, armed forces on the ground, and it will, World Net Daily, Friday, March 26. The of our existing schools are in desperate of course, turn into the same sort of need of repair. According to a 1998 re- author, a gentleman by the name of bloody situation that preceded us there Joel A. Ruth. And I quote from this ar- port by the American Society of Civil some 50 years ago. Engineers, American schools are in ticle because I think it needs to be So I ask my colleagues once again to widely read and widely heard, again, as worse shape than any other part of our reconsider, when we are asked to com- Nation’s infrastructure, including our we approach this potential decision to mit American forces to this area, that send American troops in. It says: roads, our bridges and our mass tran- we consider the lessons of history as it sit. Moreover, in 1995, the nonpartisan Before we engage the Serbs in a limited is so often difficult for us to under- war over Kosovo, it would be wise to review General Accounting Office, in an in- stand. But it is important for us to re- depth study on the condition of the Na- the experiences of the 22 German divisions alize that history does repeat itself, that were committed to stamping out Serb tion’s public elementary and secondary resistance between 1941 and 1945. While the that this is a bad place for us to be schools, found that 60 percent of our Germans also had the help of 200,000 Cro- with no particular reason for us to be schools in all regions of the countries atian, Slovenian and Bosnian Moslem volun- there. are in desperate need of repair. Thirty- teer auxiliaries, they still could not do the f eight percent of our urban schools, 30 job, and with a combined army of over 700,000 The SPEAKER pro tempore. Under a percent of our rural schools and 29 per- men willing to commit atrocities that the previous order of the House, the gen- United States and her allies would never cent of suburban schools have at least contemplate in this, quote, civilized day and tleman from Washington (Mr. one building in need of a new roof, a age. METCALF) is recognized for 5 minutes. new plumbing system, a new floor or a In the end, and without direct Allied help, (Mr. METCALF addressed the House. new electrical system. In addition, 58 the Serbs succeeded, through extreme human His remarks will appear hereafter in percent of our Nation’s schools face se- sacrifice and one of the bloodiest partisan the Extensions of Remarks.) rious environmental problems, such as wars ever fought in history, in recapturing f ventilation, heating, air conditioning over half their country by the time the war had ended on all the other fronts. SCHOOL MODERNIZATION INITIA- and lighting problems, along with envi- Army Group E surrendered to the Serbs TIVE—KEY COMPONENT OF 1999 ronmental hazards such as asbestos, and was subsequently force-marched the DEMOCRATIC EDUCATION AGEN- lead in the water and lead-based paint length and width of Serbia without food DA and Radon. until every German soldier had dropped dead b 1515 by the wayside. The SPEAKER pro tempore. Under The fate of the Croatian Slovenians and the Speaker’s announced policy of Jan- These conditions are dangerous and Moslems who had helped the Germans was uary 6, 1999, the gentlewoman from unacceptable. Leaky roofs, buildings in mass murder; all prisoners were taken, shot California (Ms. ROYBAL-ALLARD) is rec- despair and overcrowded classrooms and clubbed or tortured to death and dumped ognized for 60 minutes as the designee are not merely annoyances or incon- in mass graves. Over one half million sol- of the minority leader. veniences. They are barriers to learn- diers and their families were thus Ms. ROYBAL-ALLARD. Mr. Speaker, exterminated by the Serbs, over 1 million ing. murdered if one counts the victims of the one of the priorities of the Clinton ad- This is substantiated by study after German Army Group E. ministration and congressional Demo- study that has produced strong evi- After the war the Serbs under Marshal crats is improving education. Demo- dence of the link between academic Tito were determined that no outside aggres- crats recognize that the future of this achievement and the condition of our sor would ever enjoy an advantage in occu- country depends upon ensuring that all schools. Students who attend class in pying any part of Serbia ever again. There- American children receive a high qual- clean, safe buildings not only do better fore, for the next 40 years, a massive system ity education that prepares them for academically, they also receive a far of underground defenses were constructed the jobs of the 21st century. Democrats more positive message about their self deep under the mountains, atomic bomb- proof and capable of maintaining a million- believe that every public school must worth than students who must attend man army underground for several years be a place where facilities are up to run-down and overcrowded schools. while guerilla warfare would rage against date and in good repair, where class- That is why President Clinton and any future aggressors. These underground fa- rooms are not overcrowded, where the the Democrats in Congress have a re- cilities contain massive quantities of muni- environment is safe and drug-free, sponsible and realistic blueprint for tions, field hospitals, food stocks, fuel and where students have adequate text- improving our schools. In order to help consist of thousands of miles of tunnels books and computers, and where teach- States and localities address this crit- which can enable a guerilla force to strike ers are well-qualified. This is why ical issue, the President has again in- and vanish to safety during bombing and ar- tillery strikes. Democrats are once again promoting cluded his school modernization initia- Believe me, if the Germans who utilized an aggressive, comprehensive agenda tive in his budget proposal for this the most brutal tactics could not subdue the to strengthen and improve our Nation’s year. Democrats in the House and Sen- Serbs in 5 years when they did not possess public schools. ate support this much needed proposal H1906 CONGRESSIONAL RECORD — HOUSE April 13, 1999 and have included it in their family from Texas is recognized for the endorse on the complex issue of bilin- first agenda. balance of the 60 minutes. gual education. Mr. Speaker, this proposal creates a Mr. HINOJOSA. Mr. Speaker, I appre- The Ysleta Independent School Dis- Federal tax credit to finance the inter- ciate having this opportunity to help trict in El Paso, Texas, is proof that bi- est on bonds which States and local carry the ball on these issues of such lingual education works. It is a place school districts can issue for school importance to our children’s education. where two languages are used without construction and repair. These bonds The work the gentlewoman from Cali- apology and where becoming proficient would generate $22 billion in funding to fornia (Ms. Roybal-ALLARD) is doing on in both is considered a significant in- build and modernize our public schools behalf of the Congressional Hispanic tellectual accomplishment. We need to while costing the Federal Government Caucus is outstanding, and I congratu- prepare our limited English proficient only 2 to $3 billion over the next five late her. students to function, to excel, in a years. Mr. Speaker, as a Member of the world economy where being bilingual is Mr. Speaker, this is not another pro- House Committee on Education and an asset and a resource. School dis- gram leading to federal control over the Workforce and chairman of the tricts such as Ysleta recognize and un- local public schools. Instead under this Congressional Hispanic Caucus’ Edu- derstand that bilingualism is an asset, legislation the Federal Government cation Task Force, it is my privilege to an intellectual accomplishment, and I will be a partner with State and local discuss the caucus’ legislative prior- applaud Congressman REYES and El governments. It will be States and lo- ities in the area of education for the Paso for their progressive thinking. calities that will determine their needs 106th Congress. Let us start with the Lastly, Mr. Speaker, I would like to and decide when, where and even if unacceptably high hispanic dropout address the reauthorization of the Ele- they want to spend Federal funds to rate. mentary and Secondary Education Act, modernize their schools, and State and Simply put, this is an urgent problem the largest elementary and secondary local participation in this program will that is not getting any better. Over the federal aid package targeted at low in- be totally voluntary. last 25 years the dropout for both white come and low achieving students. Most importantly, local school dis- and African American young adults has Funding for ESEA currently represents tricts around the country are in favor declined by almost 40 percent. Hispanic an annual $12 billion investment in our of this proposal. youth, however, have only shared in Nation’s future. ESEA is a vital pro- While it is true that historically part of this improvement. Far too gram to all of the Nation’s children. It States and local districts have shoul- many of our students fail to reach includes critical funding for many pro- dered the majority of the responsibility their academic potential. Nationwide grams aimed at serving the hispanic for our schools, this crisis is of such a the percentage of hispanic students student population. As President Clinton has stated, the magnitude, an estimated $12 billion na- dropping out of school is twice the rate 30 percent dropout rate of hispanic tionally, that States simply cannot of other ethnic groups. Over all, about high school students is a national eco- solve this problem alone. 38 percent of hispanic young adults nomic crisis of great urgency. Expan- Mr. Speaker, this is a national crisis. have dropped out of high school com- sion of exemplary education programs The education of our children is not pared to only 17 percent of African is needed to increase the education at- only critical to their personal growth, American and only 81⁄2 percent of our tainment level in the hispanic commu- but to our country’s ability to compete white young adults. These figures are nity as well as school modernization, simply unacceptable, Mr. Speaker. in the highly technical and global as well as after school programs, class As we all know, our current econ- economy of the 21st century. Federal size reduction in Grades K through 3, omy, unlike 40 years ago, generates few support is essential and in the best in- teacher training and expansion of gear- meaningful jobs for people without a terests of our Nation. up programs at the middle schools. high school education. Because of the In closing I would like to give my These significant issues must be con- restructuring of our Nation’s economy, colleagues an illustration of the sever- sidered in the reauthorization of the not having a high school diploma or its ity of the problem. ESEA, and I certainly hope we are This is a picture of Balmont High equivalent poses a much stronger bur- going to reauthorize ESEA in this Con- School in Los Angeles, although it den than it did decades ago when jobs gress as an entire package, not piece- could be anywhere in this Nation. As with social and economic mobility meal. my colleagues can see, the roof of this were within reach of these with limited Mr. Speaker, I now yield to my es- gymnasium has multiple leaks, and educational background and skills. In teemed colleague from the great State when it rains, they need to put garbage our present economy even high school of New York (Mrs. MCCARTHY). cans in order to collect the water so graduation is not enough to pave the Mrs. MCCARTHY of New York. Mr. that the gym is not completely flooded. way to a middle class life. The good Speaker, education is my number one These are pictures of two other jobs are knowledge intensive. priority since I came to Congress. Pro- schools in Los Angeles, both with ex- Throughout the past 2 years the Con- viding our children with a good edu- tensive water damage which has caused gressional Hispanic Caucus has focused cation and a bright future is one of our the ceiling tiles to fall off, leaving wir- particular attention on the hispanic most effective tools for ending gun vio- ing and piping exposed. It is clearly not dropout crisis, but there remains much lence, drug abuse and poverty in our a safe environment in which our chil- work to be done. As a Member of the country. I spend so much time in my dren can learn. House Committee on Education and schools back on Long Island talking Mr. Speaker, what message are we the Workforce, I look forward to work- with students, teachers, our principals, sending to our nation’s children and ing with my colleagues in my Com- superintendents and our parents about their parents if Congress sits idle while mittee on Education and the Workforce how we can make the education system our schools continue to fall apart? I and on both sides of the aisle of Con- work better. In visiting these schools I urge my colleagues to support the gress to eradicate this educational cri- see students and teachers who are com- democratic school modernization ini- sis. mitted to education, and these are vis- tiative. On the subject of bilingual education its that have shown show me what Mr. Speaker, I now yield the remain- I want to give credit where credit is there is in grade schools in my district. der of my time to my colleague from due. I applaud the congressional lead- But these visits have also shown me Texas (Mr. HINOJOSA), a man who is a ers who are working to improve edu- what our schools and where they need champion of education and the chair of cational opportunities for hispanic stu- help. Many of the buildings in which the Congressional Hispanic Caucus dents such as my good friend, the gen- our students learn are inadequate, Task Force on Education and Training. tleman from Texas (Mr. REYES) who re- overcrowded and certainly in poor con- The SPEAKER pro tempore (Mr. cently, only 2 weeks ago, presented his dition. GILLMOR). Without objection, the gen- ideas regarding excellence in education As my colleagues have pointed out, tlewoman’s request to give the balance for limited English proficient students. building new improved schools must be of her time to the gentleman from Congressman REYES has made some ex- a top priority. That is why I am de- Texas is agreed to, and the gentleman cellent points which I agree with and lighted the administration has made April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1907 school construction a top priority. But much hysteria, the issue of language eye to their effectiveness. Students hand in hand with building more can generate. I use the word ‘‘hysteria’’ learn in a variety of different ways, schools is reducing class size. because concern and fear about the and it is the difficult job of educators I was delighted with the administra- supposed decline of English language to balance program structure with the tion’s initiative to hire a hundred usage in the United States bears no re- flexibility necessary to address indi- thousand new teachers over the next 7 lation to reality. vidual needs. years to reduce class size in Grades 1 We are 2 months into the 106th Con- Educators must constantly evaluate through 3 to a national level of 18 stu- gress and already three bills and one the effectiveness of existing and pro- dents. I actually would take this down resolution have been introduced in the posed bilingual programs because there one step further. I happen to believe House of Representatives to make is something seriously wrong where that we should only have 15 students in English the official language of the minority parents have to sue school every classroom through 1 through 3. U.S. districts in order to opt out of bilin- We have seen the research that shows The underlying premise of English- gual programs which in theory have 15 in a classroom is where our young only legislation is expressed in H.R. been established to meet their chil- students make the most progress. This 123, which says, ‘‘Throughout the his- dren’s English language needs. is simply common sense. tory of the United States, the common Unfortunately, English-only pro- It states that what most parents and thread binding individuals of different posals are simplistic and a reactionary teachers already know from experi- backgrounds has been a common lan- response to the challenges of a multi- ence—smaller class size promotes effec- guage.’’ cultural society. Worse, they threaten tive teaching and learning. Smaller The problem here is that the premise to deprive minorities of their heritage, class size allows for a smaller manage- of English as a national glue is faulty. their culture and the protections guar- able work load for the teachers and en- It ignores and, by default, it trivializes anteed to them by the Constitution. able children to receive individual at- the very thing that has made the If the free speech provision of the tention. This type of one-on-one atten- United States a beacon to the politi- First Amendment does not protect lan- tion can solve a lot of the problems be- cally and economically oppressed peo- guage, what does it safeguard? How fore they start. ple of the world. Wave upon wave of does one separate speech from the lan- I am on the the Committee on Edu- immigrants have come to the United guage that frames it? English-only pro- cation and the Workforce and will be States not to speak English, for heav- ponents seem to forget that the very spending most of this year addressing en’s sake. They have come because purpose of a democracy is to give peo- problems like these: teacher training, they are desperate for freedom. They ple a voice. Congress should have no school construction, reducing class are desperate to participate in this part in silencing those who cannot ar- sizes. We reauthorize the Elementary great democracy. They are eager to ticulate their needs, their problems or and Secondary Education Act. With all participate in the American dream. their issues in English. To do so is defi- The enduring bond between our cul- of this, it is so important to make sure nitely un-American. turally diverse population is and al- our teachers that are in the classroom Mr. HINOJOSA. Mr. Speaker, I yield ways has been a shared commitment to now also have continuing education so to my friend, the gentleman from the the democratic principles of freedom, they can come up to the time that we great State of Texas (Mr. RODRIGUEZ). justice, liberty and equal opportunity are talking about as far as being able Mr. RODRIGUEZ. Mr. Speaker, this to use computers so they can teach on for all. Most immigrants come to the United year we have an opportunity to reau- the Internet. So, I strongly support thorize the Elementary and Secondary continuing education for our teachers. States to build a better life, and every immigrant knows that in order to Education Act. I, like many of our The act which I refer to is ERISA. It Members, we are all concerned in terms deals with all aspects of K through 12 make the American dream a personal reality, English fluency is a must. of the changes that we foresee and education. some of the things that might happen. We all know what it will take to im- There are immigrants who literally One of the things that I would like to prove our educational system: well-pre- lose sleep to master English. do this afternoon is talk about the im- pared teachers, new buildings, less The issue is not whether immigrants portance of bilingual education. crowded classrooms. It is time that we want to learn English. They have more One of the main programs the schools show our young people that we are than demonstrated their determination rely on is bilingual education. For committed to their education and to to speak the language. The question is many of these youngsters and the stu- their future. how best to promote fluency and gen- dents in my district, this is not an op- b eral learning among young immigrant 1530 students, and this brings us to the tion but a necessity. This program al- I am one of those believers that be- heated controversy over bilingual edu- lows these individuals an opportunity lieves education can help our whole cation. to be able to learn the core items of the country as a whole. The more we edu- I endorse bilingual education and I curriculum in their native language so cate our young people, certainly the am anxious to see the development of that they will be able to function as better job opportunities they will have programs and funding to increase the quickly as possible in the English lan- in the future. The better job opportuni- number of bilingual teachers. Last year guage. ties they have in the future will help as a member of the Committee on Edu- This program allows our children to our businesses across this country, and cation and the Workforce of the House feel included in the learning process. that certainly will keep our economy of Representatives, I submitted a pro- From firsthand experience, I can say strong. posal to create a scholarship program that I started in the first grade not We have to look at this as a whole for students who are proficient in knowing English, and it took me 5 to 6 picture. All we have to do is ask any- English and Spanish and want to be years to comprehend what was occur- one, whether it is from Long Island or teachers in the Nation’s public school ring in the classroom. Now I have New York, whether it is California, system. learned that language acquisition re- whether it is New Mexico, what is the The scholarship would be named quires from 5 to 7 years to be able to number one issue as far as you are con- after Frank Tejeda, the former Rep- learn a second language, and so it is cerned? It is education. It is the key to resentative from the 28th District of important for us to have a good under- the future of this country. Texas, who died in 1997 while serving standing of what it takes to learn a Mr. HINOJOSA. Mr. Speaker, I yield his third term in Congress. This pro- second language. time to my friend, the gentleman from posal was passed by the House, but was Programs like bilingual education the great territory of Puerto Rico (Mr. not included in the higher reauthoriza- will allow our students the opportunity ROMERO-BARCELO´ ). tion education bill that came out of to learn not only English but learn Mr. ROMERO-BARCELO´ . Mr. Speak- conference. basic subjects in the native tongue er, it never ceases to amaze me how Bilingual education programs need to that are essential for continued growth much passion, or more precisely how be applied with flexibility and with an and development. H1908 CONGRESSIONAL RECORD — HOUSE April 13, 1999 As we move to a global economy, If we do not continue to support bi- increased almost 29 percent; 32 percent more and more languages will be con- lingual education, we will do a dis- last year was the increase in just the sidered a necessary resource. The high- service to our children and our Nation. Latino numbers in our State. ly competitive nature of today’s global I encourage everyone to support the English as a second language works economy underscores the importance program. It is a beautiful program. better for youngsters who are in kin- of knowing more than one language. Mr. HINOJOSA. Mr. Speaker, I yield dergarten to second grade. Let me say America needs bilingual education to to my friend, the gentleman from the why. It takes only 6 to 18 months for produce educated, well-informed citi- great and progressive State of North those students at a very early age to be zens. Carolina (Mr. ETHERIDGE). proficient and be able to handle it in The Texas Educational Agency com- Mr. ETHERIDGE. Mr. Speaker, I the classroom, but for high school stu- missioner supports this idea by stating, want to thank my friend and colleague dents it takes 5 to 7 years to bring ‘‘In the future all children should be from Texas (Mr. HINOJOSA) for putting them up to speed. trilingual: proficient in their native together this special order this after- Why? Because we do not have the language, proficient in a second lan- noon because it is on a topic that is im- teachers, we do not have the resources guage and proficient in computer lit- portant not just to our Hispanic stu- and we are not focusing, in my opinion, eracy. The business community under- dents and their families; it is impor- as we should. stands the value of trained multi- tant to every American. Let me say of an elementary school lingual employees. We must offer a Let me take just a moment to speak in my State, happens to be in my dis- work force that can meet such de- as a former State superintendent of the trict, in Lee County, in Sanford, where mands. This is the commissioner from State of North Carolina, a State that is they have an outstanding teacher. She Texas. seeing tremendous growth in our en- taught Spanish for a number of years. By supporting bilingual education, rollment of students of Hispanic She lived in Spain for about 5. She we are supporting our country and also background. teaches prekindergarten youngsters. In just 1 year, in just 1 school year, the importance of learning English, at Let me also thank the gentleman for she can bring those students to pro- the same time retaining as much of the his leadership on educational issues as ficiency. They can acclimate to the native language as possible. a leader in the Hispanic Caucus, and It also is important that through bi- also as a cochair of the House Edu- classroom and compete with other stu- dents and do an outstanding job. That lingual education and various types of cation Caucus, the Democratic side, is an indication of immersing students options, the two-way developmental bi- and his work there. He understands the in English, giving them an opportunity lingual education programs, for exam- needs not only of Hispanic students in the second language. They spend a ple, English speakers and language mi- and Latinos, but of all children in our number of hours each day in this class, nority students are in the same class- public schools; and I thank him for but they also get to go to their regular rooms learning all grade level skills at that. classes. That is why English as a sec- the same time. Mr. Speaker, North Carolina has a rapidly growing Latino population, as ond language is so important. Studies show that the most success- There is not enough funding at the do many of the other States in this ful programs, models for language for Federal level and not enough at the country. They come, as my colleagues minority students, as well as for native State level to meet the needs of our who have preceded me to this rostrum English speaking, bilingual education students. The Hispanic Caucus is pro- today have said, for economic oppor- is a tool that fosters a successful fu- viding tremendous leadership on edu- tunity. They come for a variety of rea- ture for these Americans. Bilingual cation, as well as this issue of language sons; and, yes, they bring their chil- education is an investment that pays barriers. It is not isolated to this cau- dren and want them to have the same off. cus because they reach across the lines If we are to make changes in bilin- educational opportunity as other chil- and work with all the other caucuses, gual education, I hope that it is to im- dren. because we have a lot of children in our prove in terms of assessing the impor- As a superintendent, I worked hard schools who need this help. I think we tance of teacher training. We do need to serve the educational needs of our have an obligation to put our message teachers to be well trained, to be able Latino community, because they are and our vote where our mouth is. to provide that instruction. We also an important component of the future need the ability of the staff to be eval- of this country. If anyone who is b 1545 uated and for those programs to be as- watching today does not understand It is easy for Members to come to sessed to see how well they are doing. that, all they need do is read our pa- this floor and talk about how impor- Also important are the initiatives that pers and look at the demographics and tant education is, and then they fail to include parents in the teaching of their how our country is changing and the realize if a child cannot understand the children. contributions they are making to our language, they cannot learn. Today we These are drastically needed and we society in so many ways today and will have a number of students and others hope that as we look forward that continue to in the future. in the gallery. I will guarantee the these are some of the things that we The biggest barrier to children, the Members, they would tell us the very will be looking at. biggest barrier to their learning, is lan- same thing. Again, I would also just stress that in guage. We have just heard that. If a I want to thank the Caucus for their the bilingual education we will also see child cannot understand the language, help, not just on the language issues, dual language instruction that allows then they have a difficult time under- but the understanding of the needs of both monolingual English-speaking standing math or science or history or children in classrooms that are over- youngsters as well as monolingual whatever they are being taught. crowded; in putting more teachers in Spanish-speaking and other language In North Carolina, and in most of the the classroom, and in helping by voting youngsters be able to work together school systems in this country, but I in support of the 100,000 teachers, as and learn both languages at the same will speak specifically about North the President proposed. time. Carolina and our needs at the national They have also have also been helpful As we move forward in the global level to do some of these things, imple- in supporting H.R. 996, a bill that I in- economy, we all recognize the impor- menting English as a second language troduced, the Etheridge School Con- tance of knowing more than one lan- has served the Latino community bet- struction Act, to fit the needs of these guage, and I hope that as we look for- ter than anything else. communities that are growing so rap- ward, we move in this direction. I hope The reason for that is that young idly. The classrooms are overcrowded. that there is no talk of eliminating bi- children need to understand the lan- Teachers do not have decent places to lingual education or thinking that guage. As I have said, the number of teach. That is just not acceptable in a Washington, D.C., is a platform for im- non-English speaking students, not day and time when we have the re- plementing a national 227 initiative. just Latinos but of all languages com- sources to make it happen. This is not the place. There will never ing to our shores, have skyrocketed in This bill would provide tax credits to be a time for it to be addressed. North Carolina in recent years. It has finance local construction bonds across April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1909 the country in those areas that have 6th graders go there, there are 17,000 would I have coming into my office, great needs. Texas is one of those children attending that school district. that extra room in my house set up as States. That is one of the second fast- Every year we grow by more than a my office? At least three, do we not est-growing States in America. It will thousand children. think? make a difference. I thank them for I know about this school district be- Let us say it was just you working on their help on that. We now have over cause I attended it as a child, and the a consulting basis or doing things like 100 cosponsors on this bill. I urge the very same school that I attended with accounting or what have you. You Members of the other body to join us. about 500 or 600 children today houses would have at least three lines. One, Mr. Speaker, again I thank my col- almost 1,000 children. Those other you would want to be on the Internet. leagues from Texas and all those in the schools that are patterned exactly like You would want to have your computer Caucus who are working so hard to the elementary school that I attended set up; two, you would probably like to make education for all children a top in the rest of the district have 1,000, have a fax; three, you would probably priority, but specifically making sure 1,100, 1,200 children attending in the have a line or maybe two lines where that languages are available for those space that was made for 600 children. someone could be calling in and you children who do not understand the How do these kids get there? How is could put them on hold while you talk English language, to help them to get it that we are able to put them in the to somebody else. up to speed so they can become a full classrooms? We have portable class- Well, in these elementary schools in player in this economic system of the rooms. We now have double sessions. Anaheim, the entire school has only 21st century, because the future will That means that some children go three phone lines to it. Now imagine, belong to the educated. early in the morning and others come you are the principal. You are calling ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE later in the day, so we have a double out. There is one phone line. If your The SPEAKER pro tempore (Mr. session going. We now have year- PTA was great and was able to raise GILLMOR). Members are reminded not around school. We do not have the tra- funds, you would have a fax machine in to refer to occupants of the gallery. ditional 9 months on and 3 months of your office, and you might be faxing Mr. HINOJOSA. Mr. Speaker, I yield the summer off. We actually have 4 dif- some information out to a colleague or to the gentlewoman from the great ferent tracks of students going to somebody else. State of California (Ms. SANCHEZ), the school at any given time. Then, of course, kids get sick, so in most populous State in the Nation. Now, imagine if you were a mother the morning parents are calling in to Ms. SANCHEZ. Mr. Speaker, I would and you have two or three children, say, my kid is not coming to school. If like to speak today a little bit about and let us say one of those children is you are a parent and calling in and school construction, and in particular in the middle school or the high school, there is one line dedicated to the fax because my colleague who just spoke, and they have their own school pro- and one that the principal is calling the gentleman from North Carolina gram going, where they are going 9 out to talk to a parent or to somebody (Mr. ETHERIDGE) spoke a little bit months and then 3 months off. And let else, that means there is one line, one about the school construction bill, and us say you have two young children line to call in and say your kid is sick. I would like to tell America and my also at home, both attending the ele- Imagine if there are 40 children sick colleagues, so they will sponsor this mentary school. One could be going at that day out of 1,200. That could be a bill, a little bit about it. 8 in the morning, and the next one possibility. Imagine the busy signals The Expand and Rebuild America’s would have to be going to school and that you would get or the inability to Schools Act is H.R. 415. I know quite a starting at 10:15. get through. bit about it because I am the author of Now, imagine, you are a mom at Now, imagine if there was a problem that bill. We put it in last year and we home and you have these three chil- at the school and there was a safety did not get it passed. This year we hope dren, and you are trying to take them hazard or something was going on and that we will be able to do it. What does around to soccer and to school and to you only had three lines, also. You the bill do? The bill addresses one of the doctor’s appointments and all, and would not start a business in your own the most crucial crises facing this Na- all three schedules are not the same. home with less than three lines. Why tion; that is, where do we educate our So if you are a mother who wants to do we allow elementary schools to have children? take three children at the same time to 1,200 children, 10 or 15 staff people, 80 Now, some people would say that at the same school, you cannot do that teachers, and only three phone lines? the Federal level we should not be deal- any longer in the city of Anaheim. It is That is the state that our schools are ing with school construction. I would very difficult to do. in today. That is why room, the fourth say that we deal at the Federal level Then, of course, there are the safety R, is so necessary. with those issues that do not get an- issues of sending our kids like that, That is why at the Federal level we swered at the State or local level. One kids who go out in the morning be- need to be concerned about the rooms of the major problems that we have cause they have a 7:30 or 8 a.m. sched- in which we teach our children. They with our schools is where do we edu- ule, and kids who come home late be- should be modern. They should have cate our children, the room in which cause they are on the late schedule and the technology of the future. They we educate our children. may be walking home in the dark. should have the computers and the I happen to represent a great area, Think about the problems that we are Internet and the telephone lines, but Anaheim, California, Santa Ana, Gar- creating with respect to the school more importantly, they should be a den Grove, Irvine, the central portion schedules. space that our children could learn in. of Orange County. In the next 5 years, Then, of course, there are the port- The bill that I am offering is not our school population will grow by over able classrooms that we are now put- about taxing people more and sending 25 percent. That is almost twice as fast ting onto that school that houses 600 it to Washington, and then deciding the rate of growth as the five fastest children so we can house more, so we what schools we want to be nice to and growing States with respect to school can house the 900 or the 1,000 or the sending it back to California or Texas. population across the Nation. 1,200 children, portables that sit on It is about letting people actually keep That means not only is California blacktop and the green grass, where I the money in their area by not sending growing faster in the amount of chil- used to play: less space, double it to Washington, by giving tax credits. dren who are entering public schools, lunches, children going in at 7:30 in the Schools that qualify would need to or Texas, for example, or Florida, or morning so they can have lunch at 9:30. have help, they would have to be on a New York, or Illinois, but in central Think about that. We would not do heavy burden list, one like the city of Orange County we are growing at twice that to ourselves in the business world. Anaheim, where we need more class- that rate. Let us talk about business, because I rooms, and we can show that we need That means that if we take a look at am a businesswoman. If I were to start the growth. Schools would also be re- a school district, for example, Anaheim a small business today, let us say out quired to work public-private partner- City School District, an elementary of my home, like so many people are ships and have businesses working with school district, kindergarten through doing today, how many telephone lines them, and maybe the businesses would H1910 CONGRESSIONAL RECORD — HOUSE April 13, 1999 buy the bonds that the local agency bill, and I appreciate the time that Sanchez School became one of those issues. they have given me, I say to the gen- charter schools and is successful today, Third, the responsibility of deciding tleman from Texas (Mr. HINOJOSA). Mr. Speaker, because of the success. to issue bonds in order for the interest Mr. HINOJOSA. Mr. Speaker, I yield They are benefiting from the E-rate to be given as a tax credit by the Fed- to my friend from the great State of that will help that charter school help eral Government would have to be a Texas (Mr. GENE GREEN). educate these students who are the local decision. That means that on a (Mr. GREEN of Texas asked and was leadership for tomorrow. local level, a community needs to get given permission to revise and extend We need to make sure that programs together and decide that they are will- his remarks.) like AAMA’s have the necessary fund- ing to pass a bond issue in order to Mr. GREEN of Texas. Mr. Speaker, I ing so that all children have access to build a school in their area. would like to thank my colleague, the quality and innovative education to be Local control, not sending the money gentleman from Texas, and a member competitive in this global economy we to Washington, but giving it back, in a of the Committee on Education and the have. sense, in a tax credit, that is what the Workforce for organizing this special In addition, we need to finish the job Rebuild American Schools Act would order this afternoon. of hiring the 100,000 new teachers to re- do. That is why I hope that when peo- It is hard to ignore the fact that our duce class sizes in the early grades. My ple realize that this is really about put- country is one of the greatest in the wife is a public school teacher in the ting responsibility on the local level to world, Mr. Speaker, and we have crum- Aldine district in Texas. Even in high decide that they are going to do some- bling classrooms and overcrowded school we have problems with over- thing about it, and the Federal Govern- classrooms. Research has shown that crowding in our math classes. It is ment stepping in and saying, we are students do not learn well in over- tougher to teach 35 children algebra, going to help you to do that, we are not crowded classrooms and schools. Mr. Speaker. going to give it to you, but we are Some schools have problems with In Texas, in 1984, the gentleman from going to help you to solve your prob- ventilation, heating, air conditioning, south Texas knows because his former lem, that is why this act, this bill, lighting, water, along with environ- elected position was a State Board of makes a difference and is important. mental hazards, such as asbestos. Education member in Texas, Texas law It is a matter of national security. It Worst of all, many schools do not have changed it to where we had 22-to-1 is a matter of national security that access to the Internet. The advantages pupil/teacher ratio in grades K through our children learn in a school environ- of the Internet are unlimited. It is one 4. That is great. The problem is we ment that is conducive to the 21st cen- of the most important educational could not even keep up, and there are a tury, not in what people have to learn tools, and provides instant access to a lot of waivers having to be granted be- in in Anaheim. wealth of information. cause of the need. I know because I used to go there as We need that 22-to-1 not only on a b 1600 a child. I have seen the closet where State level, but we need it to be 20-to- the janitor used to push his barrel with We need to provide the necessary 1 or 18-to-1 on a national level, particu- his mops and put them away for the funding to enable local schools not larly in elementary school grades, be- night. That closet has been turned into only to modernize and to rebuild their cause that is where we set the tone for a classroom for six special ed children classrooms, but to make sure each stu- children to be good students. and their teacher. This is what we are dent has access to the Internet. Of course, before they get to be high doing to our children, we are putting One of these schools could be pre- school algebra students or science stu- them in closets so they can learn. How paring the first person to land on Mars, dents or English or math, we need to do we expect them to learn? How do we cure cancer or AIDS, or halt global make sure those class sizes are also expect people to learn, children to warming. In fact, Mr. Speaker, I had small. Because if we are preparing our learn, if they do not have the class- the opportunity this last Friday to children to take our place not only as room space? have an astronaut from the Johnson astronauts and physicists and Members I was talking about portables earlier. Space Center, Dr. Franklin Chang- of Congress, we need to make sure they The Santa Ana Unified School District, Diaz, to visit a number of middle have every opportunity. another area that I represent, if we schools in my district in Houston, Let us focus our energy on school took the portables that sit on its 26 Texas. modernizing initiatives so our children permanent schools and pulled them off He looked out over the 8th graders in can learn in a safe and clean environ- and made real permanent schools out each of the rooms and said, ‘‘You are ment. Let us create a learning environ- of those portable classrooms, there the generation that will be on Mars.’’ ment in our schools that inspires edu- would be 27 new schools built; 26 exist- We need to make sure those eighth cation and imagination. Let us reduce ing, 27 worth of portable classrooms on graders are prepared to make that step those class sizes so every child gets the those areas. onto Mars. attention and the guidance they need. There is no room to play. There is no Also last week, Mr. Speaker, during Finally, let us provide state-of-the- room for recess. There is no room for our break, I had a chance to visit the art technology so that each child is lunch. If it is hot, as it gets in South- AAMA Learning Center in my district. prepared for the challenges and de- ern California, there is no shade when AAMA is the Association for Advance- mands of the 21st century. These are you are eating your lunch. If it rains, ment of Mexican Americans. They have measures that will make a difference what do children do? There are even a charter school in Houston, Texas. in the education of our children and some classes that are taught outside They received E-rate funding for their that will provide for the best learning without a classroom. charter school in the amount of a little environment for our children. This is why the Federal Government over $35,000. I know the gentleman from Texas needs to get involved, and we get in- I was happy to see this funding was (Mr. HINOJOSA) has two very attractive volved in a very specific way, with being used to provide counseling in and cute little girls, Mr. Speaker, and those classrooms that need to be built reading and computer training to these I have watched them, not only the 2 by the neediest schools all across the youth in my district, but particularly years he has served and now his third Nation, with responsibility at the local Hispanic youth. year, his second term in Congress. level to decide to build them, and with The AAMA school, the George I. I remember my children went to pub- returning money, not sending money Sanchez High School, was established lic schools in Texas, and now a daugh- to Washington, D.C., but leaving it in to take dropouts from our public ter who is starting medical school in the local level to be invested in local school system and give them that sec- Texas and a son who is going to grad- communities. ond chance or that opportunity. When uate school at Texas A&M, they went That is why I hope that my col- charter schools became in vogue, to public schools. Public schools edu- leagues will join me in supporting H.R. George I. Sanchez had been around for cate most of the people in our country. 415. I know there are many sponsors al- a number of years. When charter We cannot say that we are going to ready who have spoken today on that schools became in vogue, the George I. fail the public schools simply because April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1911 they have a harder job today than they and internal connections remains very African Americans is 13 percent and for non- did when I was in public schools in the high. Hispanic whites it is 7 percent. Among Latinos 1960s. We need to make sure we give We as a nation have always prided with limited English proficiency, about 50 per- them the resources, the technology, ourselves on giving each and every cent have dropped out. the facilities, the smaller class sizes, child the opportunity to receive an My district, in southeastern Los Angeles and also the qualified teachers to be education that will benefit them in County, is unfortunately no stranger to high able to do it. their future employment. This year as drop-out rates. Just a few weeks ago, I was Mr. Speaker, I thank the gentleman schools and libraries around the coun- discussing this very issue with an adminis- from Texas for allowing me to partici- try make applications for round two of trator at Bell Gardens High School, which pate with him today. the E-rate discount, we must make serves the East Los Angeles and Montebello Mr. HINOJOSA. Mr. Speaker, I yield sure that not one child is left out in communities in my district. to the gentleman from Texas (Mr. achieving technical literacy. At Bell Gardens High School, they have an- REYES), my friend and distinguished I want to encourage every Member of other problem in addition to the traditional member of the delegation from my this Congress to stand up for our drop-out rate as we know it. They have a very State. schools and libraries and encourage high transiency rateÐabout 30 percent. These Mr. REYES. Mr. Speaker, I thank the that they apply for year two funding. are students who leave school and then come gentleman for yielding to me. This is just as important as additional back several months or a year later. Their Mr. Speaker, I rise to speak about a teachers, just as important as addi- education is interrupted and they have dif- different but equally important issue tional funding and additional pay for ficulty readjusting to the educational program, affecting education in America. As we teachers, and certainly just as impor- which makes them even more likely to leave prepare to embark upon the 21st cen- tant as school construction and remod- school again. tury, all of us know that the Tech- eling monies. Local teachers and school officials have nology Age is upon us. Our children’s future depends upon been tackling the drop-out and transiency We live in a time when new ideas and the educational tools and skills that problems in multiple approaches. One is to in- innovations impact the way that we we provide them today. We, as a na- crease parent involvement in their children's live, the way that we learn, the way tion, must uphold our commitment to education, so that the learning experience at that we work, and even the way that our children. This will determine the school is reinforced at home. we play. Today’s children cannot re- solvency and the prosperity of our Na- Another approach is to improve libraries. member a time when fax machines, cal- tion and secure the future of their chil- There seems to be a correlation between the culators, computers, or the Internet dren. size and quality of libraries and the ability to were not a part of their daily lives. Mr. HINOJOSA. Mr. Speaker, I yield capture students' interest and keep them en- Their world and the future that they to the gentlewoman from California gaged in the educational process. will inherit will require not only an un- (Mrs. NAPOLITANO). A third approach is the Pathways program, Mrs. NAPOLITANO. Mr. Speaker, derstanding of these innovations, but which gears students toward a specific career one of the most important keys to suc- path. This program has been successful at an ability to fully utilize them and in- cess to Americans is our education. making high school education more relevant to tegrate them into their work environ- That is why it is one of the top con- the lives of students who might otherwise not ment. No matter what occupation our cerns in the Latino community and a see the necessity of staying in school. When children pursue, every American child high priority in the Unified Democratic they can link each of their classes to a future must be versed in the technology that Agenda. job, school suddenly becomes a much higher is permeating our society today. We heard our youth requires in- priority for them. Mr. Speaker, a program that is mak- creased literacy and more education For those students who are living adult ing a tremendous impact is the E-rate plus enhanced technological skills. My lives, either because they are parents them- program. This program through the District in southeastern Los Angeles selves or they have to work full-time hours to Schools and Libraries Corporation is County is absolutely no stranger to support their parents and siblings, Bell Gar- providing discounted telecommuni- high dropout rates, and I discussed this dens High School has implemented ``alter- cation services and Internet access to with all of my school districts. These native programs.'' These are flexible edu- schools and libraries across the coun- students leave school and are unable to cational programs designed to fit the sched- try. be good, productive citizens in our ules and demands of these students' lives. As a nation, we cannot afford to have area. These are the types of approaches that only the affluent areas access the bene- There are many types of approaches people in my district have come up with to fits of technology. Consequently, that the people in my district have fight the drop-out rate and improve education. through this program, the E-rate pro- come up with to fight the dropout rate Let us not mislead ourselves into thinking that gram, equal opportunity has been pro- and improve education. However, this all the solutions to our schools' problems can vided to minority and poor areas in does not mean that we in Congress and be found here in Washington. Excellent ideas urban and rural communities. the Federal Government do not have a are developed in the local schools in our dis- The demand for this program and the responsibility to work with them. tricts. funding is tremendous, as has been in- There are many types of approaches However, this does not mean that there is dicated by over 30,000 applications re- to fight these dropout rates that we no role for Congress and the federal govern- quested in the very first year. Fortu- hope to be able to, together, fight for. ment. It is our responsibility, as servants of the nately, we were able to fund the major- That is why we need to have more people, to ensure that local schools have the ity of these requests through the E- teachers, school modernization, fund- resources they need so that special programs, rate fund with a total of almost $1.66 ing for alternative programs that help such as those at Bell Gardens High School, billion committed around the country. keep our next generations of Ameri- succeed. That is why we need to fight for Even so, however, there were many cans in school. more teachers, school modernization, and school districts and libraries that were Mr. Speaker, one of the most important funding for alternative programs that help keep left out. Nearly 500 million in requests keys to success in America is education. That our next generation of Americans in school. went unfunded this year. This means is why education is one of the top concerns in Mr. HINOJOSA. Mr. Speaker, I want that not all schools and libraries re- the Latino community and a high priority in the to take this opportunity to discuss an ceived the necessary resources that Unified Democratic Agenda. important, brand-new education pro- they needed. That, Mr. Speaker, is un- To succeed in today's economy, our youth gram called ‘‘Gear Up.’’ acceptable. require increased literacy, more education and Two weeks ago, I hosted an informa- There is good news and there is bad enhanced technological skills. But our schools tion workshop in my south Texas con- news. The good news is that there is a are overcrowded and need to be equipped gressional district to spread the word round two for the E-rate. The bad news with the latest technology; teachers need bet- to our local teachers, colleges, super- now is that in round two there will be ter training; and we need to address the unac- intendents and school board members 2,000 more applications than last year. ceptably high Latino drop-out rate. about what a difference the Gear Up With over 32,000 applications pending, Thirty percent of Latinos 16 to 24 years old program can make in the lives of our clearly the need for discounted services have dropped-out of school. The number for junior high school students. H1912 CONGRESSIONAL RECORD — HOUSE April 13, 1999 This exciting new initiative is de- that students meet academic standards in their revenue by 209 percent. Women signed to prepare underprivileged stu- order to move to the next grade. are a force to be reckoned with in to- dents for college. Gear Up is a competi- The President's budget includes $600 mil- day’s economy. tive grant program and supports early lion in fiscal year 2000 to help roughly 1.1 mil- b 1615 college awareness activities at both the lion children each year participate in after- local and the State level. school and summer school programs. During my life, I have had many Specifically, this initiative will I have visited many of the schools in my roles: The mother of four, a public award multiyear grants to locally de- congressional district. I have listened to teach- school teacher, a college professor, a signed partnerships between colleges ers, principals, supt's, and schoolboard mem- rape crisis counselor, a professional pa- and high-poverty middle schools plus bers. I have suggested they try converting tient advocate, a small business owner, at least two other partners, such as schools to ``After School Community Centers.'' and now a United States Congress- community organizations, businesses, After school snacks, tutoring, mentoring, woman. religious groups, State education agen- homework, organized sports, theatre, number I have learned countless lessons in cies, parent groups or nonprofit organi- sense. these roles and have brought them zations, to increase the number of stu- I strongly support funding for this program with me to the House of Representa- dents going to college among the low- and urge all my colleagues to do the same. tives. Many of these lessons were income youth. f learned as a small businesswoman. Gear Up partnerships will be based on This has given me some insight as to GENERAL LEAVE the following proven strategies: work- what women need in order to fully ing with a whole grade level of stu- Mrs. KELLY. Mr. Speaker, I ask compete with their male counterparts, dents in order to raise the expectations unanimous consent that all Members and for this reason I have devoted my for all students; starting with sixth or may have 5 legislative days within energy to working with the Committee seventh grade students and continuing which to revise and extend their re- on Small Business to enable small busi- through high school graduation with marks on the subject of my Special nesses to run more efficiently. comprehensive services, including men- Order. I have introduced legislation again toring, tutoring, counseling, and other The SPEAKER pro tempore. Is there this year that expresses the sense of activities such as after-school pro- objection to the request of the gentle- Congress regarding the need to in- grams, summer academic enrichment woman from New York? crease the number of procurement con- programs, as well as college visits; pro- There was no objection. tracts that the government awards to moting rigorous academic coursework f women-owned businesses. The Federal Government is America’s largest pur- based on college entrance require- WOMEN IN BUSINESS ments; informing students and parents chaser of goods and services, spending about college options and financial aid, The SPEAKER pro tempore. Under more than $225 billion each year, and and providing students with a 21st cen- the Speaker’s announced policy of Jan- women should have more access to tury scholar certificate—an early noti- uary 6, 1999, the gentlewoman from these projects. fication of their eligibility for financial New York (Mrs. KELLY) is recognized In 1994 Congress set a 5 percent pro- aid. for 60 minutes as the designee of the curement goal for women-owned busi- Mr. Speaker, I strongly urge and en- majority leader. nesses. Five years later, however, the courage all local educational agencies Mrs. KELLY. Mr. Speaker, I rise rate of procurement for women-owned to get involved in applying for this im- today to talk about an issue that is businesses is 1.9 percent. This percent- portant grant. It is my firm belief that near and dear to my heart, women in age is a poor reflection on the access to mentoring programs such as Gear Up business, specifically women-owned these jobs when considering the rate of can make all the difference in the lives small businesses. growth of women-owned businesses. of our middle school students. As the mother of four and a former I want to continue to do what I can A mentor may be the person who makes small business owner myself, I know to improve the procurement process for the difference by providing a role model for just how hard it is to balance the full- women in this Congress, and I am positive behaviors, like studying hard and time job of being a mother and then happy to say that a few weeks ago the staying away from trouble, by helping with adding to it the challenges of owning House passed H.R. 774, The Women’s academic work, by encouraging the student to and running your own business. Business Center Amendments Act of take the right college-preparatory courses, or From women-owned construction 1999. This bill authorized appropria- by providing extra moral support and encour- firms to women-owned public relation tions of $11 million for the expansion of agement. firms to Donna, Jo-Jo, and Angela who this program in fiscal year 2000. We have a fantastic opportunity to help our own Donna’s Hair Design in my own I want to congratulate the chairman local studentsÐtheir future success depends district town of Chappaqua, New York, of the Committee on Small Business, on our leadership now. They fail if we fail to all of these women deserve all of the the gentleman from Missouri (Mr. JIM live up to our responsibility to ensure them the support that we here in Congress can TALENT), for his work, as well as the strongest chances for academic success. give them. ranking minority member, the gentle- Mr. Speaker, expanding after-school oppor- Everyone needs to remember that woman from New York (NYDIA tunities is a top legislative priority for the Con- small business is the most important VELA´ ZQUEZ), and many other people gressional Hispanic Caucus. sector of our economy. Currently, in who worked to make this accomplish- Our President is committed to triple funding the United States, there are approxi- ment here on the floor of the House. for the 21st Century Learning Center Program, mately 8.5 million women-owned busi- Currently, there are 60 centers now which supports the creation and expansion of nesses. That is 8.5 million women- operating in 40 States. These centers after-school and summer school programs owned businesses, 36 percent of all assist women in many ways, including throughout the country. businesses in the United States. These helping them to focus their business Experts agree that school-age children who 8.5 million businesses employ 23.8 mil- plans through courses and workshops, are unsupervised during the hours after school lion employees. These businesses have providing information on capital, as are far more likely to use alcohol, drugs, and seen their sales increase from $2.3 tril- well as helping the women choose their tobacco, commit crimes, receive poor grades, lion to $3.1 trillion in just the last 6 location. The centers have the freedom and drop out of school than those who are in- months. to tailor their programs based on the volved in supervised, constructive activities. My congratulations to all of the needs of the communities in which The program increases the supply of after- hardworking women who are doing they work. school care in a cost-effective manner, pri- more than their share to contribute to Recently I have been able to meet marily by funding programs that use public the economy of our Nation. with many women business owners and school facilities and existing resources. The number of women-owned small some of the women who run these cen- In awarding these new funds, the education businesses have increased by 89 percent ters and heard firsthand the challenges department will give priority to school districts in the last decade. During the same pe- and the successes of these businesses. that are ending social promotion by requiring riod, these businesses have increased These are just a few of the issues that April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1913 women business owners face. There are of the family income than families not available in the private sector. Let many others, like tax and regulatory spend on food, education and shelter, us help our working women by giving issues, ensuring fair access to capital, or anything else. We need to make our workers in the private sector the same that we all need to stay involved with. tax system flatter and fairer so that choice. I know my colleagues here share my our women will not have to work al- Mr. Speaker, the working women of concerns. Let me close by congratu- most half the year to foot government America are essential to ensuring that lating all of the women businesses in costs. Working women need to be able our Nation continues on a path of eco- our Nation. I know all too well how dif- to keep more of their hard-earned nomic growth and personal responsi- ficult their jobs are. They are an im- money. bility. I urge my colleagues to support portant part of our Nation’s economy, We also need to review our regula- measures which promote and protect and I will continue to do what I can to tions as well. Each year over 100,000 the dual role of American women as ensure that they are not forgotten. pages of new rules and regulations are leaders in the office and leaders at Mr. Speaker, I yield to the gentle- produced in Washington, and many of home. woman from Texas (Ms. GRANGER). these guidelines overlap and they are I want to thank the Women’s Caucus Ms. GRANGER. Mr. Speaker, I am repetitive. for raising awareness about the impor- pleased to join my colleagues today in Moreover, it has been estimated that tance of women’s issues. discussing the need for this Congress to regulations cost businesses over $700 Mrs. KELLY. Mr. Speaker, I yield to help America’s working women. I am billion each year. These regulations the gentlewoman from Illinois (Ms. proud to be a part of the Women’s Cau- impact every single business owned by SCHAKOWSKY). cus and I am proud that this caucus is women. And since businesses often Ms. SCHAKOWSKY. Mr. Speaker, I committed to raising and addressing have to raise prices to afford these new want to commend my colleague, the important issues concerning women. regulations, it is estimated that each gentlewoman from New York, for Today, more than ever, working American family pays an extra $700 per bringing attention to these important women are no longer the exception, household to cover the cost of regula- issues that affect women and for draw- they are the rule. America’s working tions. ing attention to the contributions that women are redefining the workplace as It has also been estimated that regu- women business owners have made. we know it. They are learning how to lations add as much as a third to the It is true that women business own- balance their dual responsibilities of cost of building an airplane engine and ers now employ more people than the work and family. In today’s business almost double the price of a new vac- Fortune 500 companies combined in the world, women own about 6.5 million cine. Mr. Speaker, we need to be work- United States. They have made great companies. That is one-third of all the ing on ways to increase, not decrease, strides, but we know that women in the businesses in America. Today, women the number of women in business, and work force still face discrimination in are creating businesses at twice the adding cost is not the way to do that. many, many forms, both as business rate of men. In fact, it is estimated Moreover, government rules and liti- owners and as employees. that by the year 2000 women will own gation often subject our small busi- Women in the work force today, as 40 percent of American companies. nesswomen to years of legal battles we enter into the 21st century, still These facts make it vitally impor- and legal costs. Let us let our working earn only 74 cents for every dollar that tant this Congress address the issues women spend more time in the board men earn at the very same jobs. This and the interests of this growing seg- room and less time in the courtroom. persistent wage gap forces families ment of our economy. Yes, it is becom- Only then can we truly create a condu- into poverty and deprives them of the ing increasingly clear that women’s cive business environment for women. benefits that women would earn if only issues are economic issues. Jobs, taxes Mr. Speaker, today’s working women they were men; that is, if only they and economic growth are the top issues are the pioneers of tomorrow. As they were men making more money at the for today’s women. struggle to create more jobs, growth very same jobs. Since women are creating more jobs and opportunity, let us make our gov- This discrimination follows women than men, they are disproportionately ernment work for our women, not into their retirement. Because they affected by burdensome taxes, rules against them; stand by their sides, not make less money through their work- and regulations, and too often it is too ride on their backs. ing years, they have fewer private pen- difficult for women-owned businesses Mr. Speaker, we must never forget sions and they get fewer Social Secu- to get started. Once started, it is often that working women have yet another rity benefits. Often they have less difficult for women-owned businesses job waiting for them when they get health care coverage during their to stay afloat. home at night. In our efforts to en- working years, and so they bring into According to a 1995 survey of women- hance and encourage the careers of their retirement years more disease. owned businesses, 84 percent of women women, I am afraid we sometimes lose They are less well. entrepreneurs used their own personal sight of the fact that many of our I want to focus for a minute on the savings to start their businesses. And working women are also working issue of Medicare because now this once underway, women business owners mothers. These working mothers need Congress is engaged in a great debate often find themselves dipping into the opportunity to balance their sched- on what we are going to do about Medi- their savings to stay in business. ules between work and home. After all, care. And I would say that while it is Mr. Speaker, as a small business meetings with our children are more important for Congress to ensure Medi- owner myself, I have made it a com- important than meetings with our care solvency in the future, any pro- mitment to stand up and speak out and staffs. posal must protect women who receive stay focused on the issues that face I was a working mother of three, and Medicare. women-owned businesses. Female en- I understand there is no price tag put Of course, Medicare is a program that trepreneurs are here to stay, and while on the time we spend away from our serves both men and women, but it is true that Washington cannot cre- families. That is why when I became women comprise most of the bene- ate wealth, it is no less true that we Mayor of Fort Worth several years ago, ficiaries. Elderly women aged 65 out- have an obligation to make the busi- I took an active interest in ensuring number elderly men three to two. ness environment as conducive as pos- our employees had the kind of sched- There are 20 million elderly women on sible for women. ules necessary to take care of their Medicare and another 2 million women I believe that excessive government jobs and also take care of their fami- who are on Medicare because they re- taxation, regulation and litigation hold lies. ceive Social Security disability bene- back our working women by holding up One of the tools we used to help cre- fits. In fact, 58 percent of all elderly production costs. Government taxes ate a family-friendly city hall was beneficiaries are women. prevent female employers and employ- comp time. This program allowed Seventy-one percent of the bene- ees from keeping more of their hard- workers to choose time off instead of ficiaries aged 85 or older are women. earned money, and it has often been overtime pay. It is extraordinarily pop- That is, of course, because women live noted that today taxes consume more ular in the public sector, but it is still longer than men do. Women aged 65 H1914 CONGRESSIONAL RECORD — HOUSE April 13, 1999 years and older are more than twice as jumped to 36 percent. Over the last dec- I thank my colleague for allowing me likely as older men to live within 125 ade, the number of women-owned firms to participate today on this important percent of the poverty line. That is to increased by 89 percent nationwide. issue. say that they are twice as likely as Employment nearly tripled and sales Mrs. KELLY. Mr. Speaker, I yield to men to have to live on $10,000 a year or nearly doubled. my colleague and friend from Cali- less, and we know how hard that is. Who are today’s women business fornia (Ms. WOOLSEY). Recently, older women were pro- owners and how can we help ensure Ms. WOOLSEY. Mr. Speaker, I would jected to spend over $200 a year more that they are free to grow and prosper? like to thank my colleagues, and par- on out-of-pocket health care costs than There are more than 8.5 million ticularly my friend from New York, men. And we know today that the el- women-owned businesses in the United who put this together tonight and for derly are spending a greater percentage States, employing nearly 24 million all who have spoken so eloquently in of their income on health care out-of- people. That is more than all of the honor of women and Women’s History pocket than they did when Medicare Fortune 500 companies combined. Month. I come to the floor of the House was enacted in 1965. This is a particular Where do we do business? Every- burden for women. today to salute the mothers of Wom- where. Today, women own businesses en’s History Month, the National Wom- One of the proposals that has been on in all sectors of the economy, not just the table that frightens me the most en’s History Project, known as ‘‘The in the service sector or the so-called Project.’’ The Project is from the Sixth and should frighten older women the traditional women-owned business most is that of raising the eligibility Congressional District in California, areas. In fact, the top growth indus- the district that I am so very proud to age for Medicare from 65 to 67. To un- tries for women-owned businesses in re- derscore how dangerous that would be, represent. cent years has been in construction, Almost 1 year ago, I traveled to Sen- currently there are a million people be- wholesale trade, transportation, com- eca Falls, New York, with a group of tween the ages of 62 and 64 without in- munications, agribusiness, and manu- my colleagues to celebrate our Na- surance, and three out of five of those facturing. tion’s women, the 150th anniversary of are women. So currently the numbers What is it that motivates women to the Women’s Rights Movement. This of uninsured people in the older age start their own businesses? The Na- was truly a special occasion because groups are mostly women already. tional Foundation for Women Business Sonoma County, which is where I live, Many women are uninsured because Owners surveyed women across the is the birthplace of the National Wom- they are younger than their already re- country and found that nearly half en’s History Project, the organization tired husbands who are on Medicare stated one of two reasons. A great idea responsible for the establishment of and they do not have employer-based for a product or service, or the realiza- Women’s History Month and a leader in insurance themselves. Raising the eli- tion that they could do for themselves the 150th anniversary of the women’s gibility would deny people access to what they had previously done for an rights celebration. health care during their early 60s and employer. Frustrations with the cor- The Project is a nonprofit edu- would expand their need for more com- porate environment, including feeling cational organization founded in 1980. plicated and expensive treatment in unchallenged and experiencing a glass They are committed to providing edu- later years. ceiling were also cited as motivation cational resources, recognizing and There are many problems with some for women to become entrepreneurs. celebrating women’s diverse lives and of the proposals that are on the table, The foundation also asked women historic contributions to society. but the reality of raising the age of eli- why they stay in business. Not surpris- Today, The Project is repeatedly cited gibility for Medicare is that it would ingly, the greatest reward of business by educators, by publishers and jour- accomplish one thing, and that is, it ownership for women is gaining control nalists as the national resource for in- would increase the numbers of unin- over their own fate, and the greatest formation on U.S. women’s history. sured people. Because employers are challenge of business ownership for Thanks to The Project’s efforts every not looking for women aged 65 to 67 to women is being taken seriously. March, boys and girls across the coun- hire and to provide health care benefits In my home State of Illinois, the try recognize and learn about women’s to, it would dramatically increase the largest and most comprehensive wom- struggles and contributions in science, numbers of people who are uninsured, en’s business assistance center has literature, business, politics, and and most of those people would be thrived for 14 years. The Women’s Busi- many, many other fields. women. As recently as the 1970s, women’s his- ness Development Center has served So I would say if we care about elder- tory was virtually unknown, left out of over 30,000 women through counseling, ly women in the United States, then we schoolbooks and classroom curriculum. training, financial assistance, and new want to make sure that we do not In 1978, as chairwoman of the Sonoma marketing opportunities. Thanks in agree to any proposal that increases County Commission on the Status of part to the help of the center, in Illi- the age of eligibility. Women, I was astounded by the lack of nois there are now over 336,000 women- focus on women in our education sys- b 1630 owned businesses employing 23 percent tem. Later, The Project petitioned of all Illinois workers and generating I thank my colleague from New York Congress to expand the national cele- 15 percent of the State’s business sales. for allowing me this time to speak on bration to the entire month of March. this important issue. But despite the explosive growth in Due to their efforts, Congress issued a Mrs. KELLY. Mr. Speaker, I yield to women’s business ownership in the resolution declaring the month of the gentlewoman from Illinois (Mrs. United States, we still generate only 18 March to be Women’s History Month. BIGGERT). percent of all business revenues. So Each year since then, nationwide Mrs. BIGGERT. Mr. Speaker, I rise there is still much work to be done, programs and activities on women’s today to salute our Nation’s women and Congress can help accelerate the history in schools, in workplaces, and business owners and to join my col- growth and success of women-owned communities have been developed and leagues in the Congressional Women’s businesses. shared. Caucus in bringing to the forefront the Women need new and more access to Under the leadership of Mary impressive contributions women busi- market opportunities and to contracts Ruthsdotter and through the hard ness owners are making to the strength at all levels of government. Women work of these wonderful women, the and vitality of our economy. need access to technical assistance to celebration of International Women’s Over the past 2 decades, women- develop and grow their businesses. Day was expanded and declared by Con- owned businesses have been amongst Most importantly, like all businesses gress to be National Women’s History the fastest growing areas of our econ- in the United States, women-owned Week. omy. In 1973, when I started my home- businesses must be free from excessive Together, the women of the Project based law practice, women owned less regulation and taxation, and they must succeeded in nationalizing the aware- than 5 percent of all businesses in the have access to markets for their prod- ness for women’s history. I want to ac- United States. By 1997, that figure ucts and services abroad. knowledge Molly MacGregor for her April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1915 thoughtful leadership and Lisl Christy, Just 2 weeks ago, I joined the gentle- b 1645 Cindy Burnham, Jennifer Josephine woman from California (Ms. ESHOO) Mr. Speaker, I pledge my commit- Moser, Suanne Otteman, Donna Kuhn, and the gentleman from New York (Mr. ment to working in a bipartisan man- Sunny Bristol, Denise Dawe, Kathryn LAZIO) in introducing this bipartisan ner, and I know my colleagues today Rankin, and Sheree Fisk Williams. bill, which will help to treat low-in- will be joining that effort, toward pass- They are the women that are at the come women who have been diagnosed ing the Breast and Cervical Cancer Project presently. All of these women with cancer. Treatment Act. serve as leaders in the effort to educate In 1990, Congress took a very impor- This bill is widely supported by wom- Americans of all ages about the con- tant first step to fight breast cancer en’s health groups and is a top priority tributions of women in our society. and cervical cancer by authorizing a for the breast cancer community, in- I also want to pay tribute to the screening program for low-income, un- cluding the National Breast Cancer Co- ‘‘first lady’’ of Marin County, Cali- insured, or underinsured women alition and the California Breast Can- fornia, just across the bridge from San through the Centers for Disease Con- cer Coalition. Francisco, part of my district. This trol; and they called this program the Over 100 Members of Congress, both woman’s name is Vera Schultz. Vera National Breast and Cervical Cancer Democrats and Republicans, men and was the first woman on the Mill Val- Early Detection Program, and now it is women, have already signed on to be ley, California, City Council and the in place over this past decade in vir- original cosponsors. I urge my other first woman on the Marin County tually every part of our country. colleagues to sign on as well. Board of Supervisors. Now, the problem is that while the I cannot think of a better Mother’s Vera’s career in Marin County during program covers screening services, it Day gift for women across the Nation the late 1940’s and early 1950’s was a does not cover treatment for women than to pass this legislation. pivotal era in Marin’s social and polit- who are found to be positive and in Mrs. KELLY. Mr. Speaker, I yield to ical history. As the area grew in popu- need of services through this screening the gentlewoman from Florida (Mrs. lation with the opening of the Golden program. Thus, these vulnerable, poor MEEK). Gate Bridge, Vera had an important vi- women are left to an ad hoc patchwork Mrs. MEEK of Florida. I thank the sion and dedicated herself to the of providers, volunteers, and charity gentlewoman from New York (Mrs. changing face of Marin County. Vera care programs, making their treatment KELLY) for letting us share this par- faced great opposition to reforming an unpredictable, delayed, and in so many ticular special order with America. I do unfair tax structure that would have cases incomplete and resulting in real- not think there is any week with any taxed newcomers at a higher rate, and ly disastrous results for themselves more importance or month as signifi- she also fought hard so that Marin and their families. cant as Women’s History Week. The County could have the very best pos- Approximately 3,600 women per year contributions of women in this country sible civic center. are diagnosed through the National are so outstanding until if every Vera knew that Marin deserved the Breast and Cervical Cancer Early De- woman in Washington were to be here best, so she got the best. Due to her tection Program. And now that they today, they could not say enough about persistent prodding, in 1959, Frank are diagnosed, they need services. All what women have done. On both the Lloyd Wright submitted his plan for the screening in the world will not help local, State and national level, women the Marin County Civic Center, and in if women who are diagnosed with the have made significant contributions to 1960 construction began. Marin County disease do not have access to quality our society and they will continue to now has another precious treasure to treatment for their condition. do so. Our role in government is in- share with our country because of Vera And so, the Breast and Cervical Can- creasing. Our role in the health med- Schultz. cer Treatment Act, which is before us ical sciences is increasing. Our role in As I pay tribute to Women’s History now, gives States the opportunity and science is increasing. Our role in every Month, I am truly grateful to Vera the option to provide Medicaid cov- facet of American culture is increas- Schultz and to all the devoted women erage to uninsured or underinsured ing. But most of all, Mr. Speaker, at the Project because of their contin- women now are sort of the bedrock of ued commitment and for making an in- women who have been diagnosed the family. We seek to be the glue to delible mark on our country. We now through the early detection program hold it together. Regardless of what understand the importance of women but cannot afford treatment. I was very heartened a couple of phase of life that we participate in, we in our history. Mrs. KELLY. Mr. Speaker, I yield to weeks ago to notice in our first hearing still feel that we have the family as our my friend, the gentlewoman from Cali- in the Subcommittee on Health and most significant contribution. We give, we yield, we culture, we nurture our fornia (Mrs. CAPPS). Environment of the Committee on Mrs. CAPPS. Mr. Speaker, I want to Commerce that the hearing that we children and we do our best to have commend my colleague from New York held on this particular issue that there them grow into outstanding individ- (Mrs. KELLY) for organizing and lead- was unanimous, it seemed, and very bi- uals. ing us in this wonderful opportunity to partisan support for enacting this leg- I came today to talk about a health speak here on the floor regarding islation. problem that is so devastating to issues which we can give our attention And I was pleased that one of my young women. Many of my colleagues to, which really do affect women across constituents, Dr. John Cox, the Direc- may not have ever heard of this dis- this country. tor of Student Services at the Univer- ease. It is called lupus. It kills women It is a real pleasure to hear the wide sity of California at Santa Barbara, in their childbearing years. It cripples range of emphases that have been men- was one of the expert witnesses; and them. It maims them. It makes them tioned already today, and we have the various people who presented were feel as if they have no life-style at all. more coming. But whether it is women lauded by both sides of the aisle for When you hear the word again, you in their own businesses, and as they their recognition that this early detec- will say, that is a devastating disease own and participate in business, wheth- tion program is working well. But what that is pretty much outstanding in sig- er it is the way Social Security affects it is uncovering is the need for services nificance and incidence among young women and Medicare affects women in for these very women. women. It is serious, it is inflam- all of these areas, there is much to With that enthusiasm that we felt in matory, and for the past 6 years I have speak about pertaining to women in the room that day, the gentlewoman tried to get this bill authorized in the this recognition of Women’s History from California (Ms. ESHOO) and I and Congress so that the National Insti- Month. some other members of the committee tutes of Health would receive at least I want to rise today, Mr. Speaker, in have set aside Mother’s Day as our goal 20 to $50 million a year for research support of a most important piece of for obtaining 218 cosponsors on the bill into lupus. If you could see some of the legislation which is among us and at to bring it to the floor for a vote. What young women that become seriously our table in Congress today, and that is better way to honor mothers across the impaired by lupus, you would say to the Breast and Cervical Cancer Treat- Nation this year than by providing this the health subcommittee of Labor- ment Act. life-saving treatment? HHS, that is a disease that needs to be H1916 CONGRESSIONAL RECORD — HOUSE April 13, 1999 stopped. The immune system becomes and there are other positive signs. environments and really improved so overreactive that it goes out of con- There are now three women governors, rights for individuals. It was very ex- trol. The antibodies in the woman’s 58 women in the House, and nine citing for the gentlewoman from New body attack her other tissues. This women Senators. In fact, the First York and myself to meet the six causes inflammation, causes redness, Lady might even choose to run for the women who were running for office. swelling, and it affects women nine Senate in New York State. We have One almost won. She lost by 24 votes, times more than it does men. Between women in posts that never have been but next time we hope that she will 1.4 to 2 million Americans have been held before. We have the first woman win. It looked very much like an Amer- diagnosed with this disease. There are to ever serve as Secretary of State, At- ican election, with banners and rallies so many cases that go undiagnosed and torney General, Chairman of the Coun- and meetings, just good plain cam- that doctors cannot many times diag- cil of Economic Advisers, head of the paigning. nose lupus. Many times the diagnosis National Science Foundation, and Any democracy is a journey. It is one for lupus is worse than the treatment, many, many more. that begins with many steps. This was and doctors are not very adept at find- But I am still concerned that women the first step towards a full parliamen- ing out whether or not a woman has did not receive the vote until 1920, a tary election. It was for an advisory lupus or not. Our body’s immune sys- right that we should have been born council. But it is an important first tem is known for protecting the body, with. In fact, my mother was born step. Seeing the faces of the individ- but if a woman has lupus, the immune without the right to vote. We all owe a uals reminded me very much of the system just goes haywire, it loses its great debt to the many women who faces that I saw on television of our ability to tell the difference. It is not came before us, on whose shoulders we brothers and sisters in South Africa infectious, it is not rare, it is not can- stand, who worked for and fought for when they first received the right to cerous, but it is not well known. It is women’s rights, Alice Paul, Susan B. vote. It was exciting, it was historic more prevalent than AIDS, Mr. Speak- Anthony, Lucretia Mott, Carrie Chap- and it was wonderful to be there. But er, sickle cell anemia, cerebral palsy, man Catt and many, many others, be- as we work here in Congress, we are multiple sclerosis and cystic fibrosis cause the vote is so important. The working every day to help women and combined. So you can see what a dev- vote is what enables women to be not families and children. astating disease it is and its impact on only at the kitchen table but the peace Just this week, along with the gen- women. It is so important that during table, the economic development table, tlewoman from New York, we intro- Women’s History Month that I call the congressional table. It is important duced a very important bill that will America’s attention to this dev- that we as Members of Congress sup- provide screening and protection for astating disease and how much it is port other women in other countries as breast cancer and prostate cancer. leading to the impairment of women. they work for and gain the right to Roughly 1,500 cancer-related deaths per I can relate to lupus firsthand. I had vote. day take place in our country. Early a sister to die from it. There are so Earlier today, a resolution passed detection of cancer through screening many people here in this Congress who this House authored by the gentle- can extend a patient’s life, reduce have had relatives. I have had several woman from New York (Mrs. KELLY) treatment time and cost, and improve hearings on lupus. We are losing our and the chairman of the International a person’s quality of life. The first step children, Mr. Speaker, we are losing Relations Committee, the gentleman we need to take to reduce the number of cancer-related deaths is to increase our sisters, our mothers, grandmothers from New York (Mr. GILMAN). It was and friends. We need to really do some- supported by every Member of this access to screening exams in the pri- thing about this deadly disease. We body. It congratulated Qatar on the vate sector. In 1997, Congress, through the need to say to NIH, look, more re- first ever election to be held where men Balanced Budget Amendment, included search is supposed to be done on this and women could vote and where a bill that Barbara Vucanovich and I disease. There has to be a cure. Amer- women could stand for that right. had authored in 1992. Barbara was a The gentlewoman from New York ican women are at high risk for this survivor of breast cancer. It called for and I traveled all the way to the tip of deadly and debilitating disease. There the coverage of annual mammograms the Gulf to be part of this historic and is a need for more professional aware- for women in Medicare. It was very im- important event. It was held on March ness. That is why I am glad that my portant that this bill passed and was 8, International Woman’s Day. What wonderful colleague gave me this op- part of the Balanced Budget Amend- better way to celebrate the progress portunity to come to the floor and ment. It will save hundreds of thou- and advancement of women and girls speak about lupus because of its sig- sands of lives. nificance to women and during Wom- throughout the world than by giving The bill we introduced will extend en’s History Week. We must fight those women the right to vote and stand for these same benefits to Americans diseases that cause morbidity and mor- office in an emerging democracy in the under the age of 65 if they are at risk tality among the ranks of women. Gulf. The Gulf Cooperation Council, and if the patient and their doctor Mrs. KELLY. Mr. Speaker, I yield to which is in the area, this is the first know that such a test is needed. Most the gentlewoman from New York (Mrs. such election to take place, and we insurance companies provide coverage MALONEY) the cochairwoman of the hope it will encourage the movement for some cancer screening, but that House Women’s Caucus. forward in other countries. coverage is inconsistent and often does Mrs. MALONEY of New York. I In comparison, Kuwait has an elected not provide coverage for the appro- thank the gentlewoman for organizing parliament which exercises limited leg- priate type of screening test given a this special order and for her fine lead- islative and oversight powers, but person’s risk level. My office has re- ership in this body this year and other women are not allowed to vote. In ceived comments from not only col- years in support of women’s issues and Oman they have an elected consultive leagues and constituents but doctors family issues. I was elected in 1992, the council; however, only selected male who talk about plans that do not cover so-called Year of the Woman, when and female citizens are enfranchised, tests that are needed to save lives and many Americans voted for women can- and the Sultan retains the final say to prevent cancer from growing. If it is didates not as a slogan but as a force to over who is part of that council. caught in the beginning, it is a very be reckoned with. We came to Con- Bahrain had an elected parliament minor procedure. Yet if it continues to gress. There were 48 of us. Our presence which was dissolved by the Emir in a more life-threatening stage, it is not did make a difference in doubling mon- 1975, and the United Arab Emirates and only costly in terms of suffering but eys for health care for women and ac- Saudi Arabia have no elected institu- also in terms of medical dollars. cess to clinics, in child care, in edu- tions. So we hope this historic election b cation, in many, many areas. And we in Qatar will be a banner, a leadership 1700 have made progress since then in the step for the region. This bill assures that all individuals number of women that are elected. We live now in a world economy and with health insurance are guaranteed In 1999 there are 89 women who hold we must recognize that democracies coverage for important cancer screen- statewide offices across this country, help us in our shared world with stable ing tests such as mammograms and April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1917 prostate cancer screening. Science has Day, when we would have introduced start and we ought to keep before the proven that these screening exams it, occurred when Congress was out of House this entire term the importance work. If a doctor and patient have de- session. Equal Pay Day is a day that of women’s issues. cided together that the patient would women in the year, usually four I congratulate the gentlewoman from benefit from a screening exam, insur- months, earn about what men earn New York (Mrs. KELLY) who organized ance companies should not have the during the entire prior year. this special order, and I congratulate right to deny coverage of a potentially Thereafter we had a meeting at the her strong partner, the gentlewoman lifesaving exam. This bill will save White House with the Chief of Staff, from New York (Mrs. MALONEY), for her lives and lower the cost of treating John Podesta. At that meeting I asked work in a bipartisan manner with the cancer by increasing the rates of early that the President use Equal Pay Day gentlewoman from her own home state. detection. to do an event to raise the profile of Mrs. KELLY. Mr. Speaker, I yield to We have worked together on a num- pay issues because they already high the gentlewoman from North Carolina ber of bills, not only in health care, but with the people of the United States, (Mrs. CLAYTON). in child care, in helping women-owned and to his credit the President and the Mrs. CLAYTON. Mr. Speaker, I want- businesses and strengthening edu- First Lady had an event attended by ed to make sure that the gentlewoman cational opportunities for our young several hundred women leaders on from the District of Columbia (Ms. people and our people who are dis- April 7 where, interestingly, they did NORTON) had completed her sharing placed from work, and I look very, very not lecture us but invited in women, with us over the pay equity, which is so much forward to working with my col- four women, to tell their own pay sto- important for the full House to under- leagues in the Women’s Caucus, espe- ries. stand, so I want to, if I may, yield addi- cially the gentlewoman from New York Why does pay carry so much weight tional time as she may want to con- (Mrs. KELLY) who has been an out- today? Even women who live in two- clude that statement. She was so gra- standing leader in so many issues, par- parent families, two-thirds of them cious. ticularly those that help women in work. In year-round wages you have Ms. NORTON. That is very kind of business, women, children and families. women up to somewhere in the 70s. It the gentlewoman and very typical of I want to note that the Women’s Cau- has bounced between 70 and 75 percent her. cus has probably been the most suc- during this decade. The source of the Unless the gentlewoman from New cessful caucus in a bipartisan way of progress we have made in the last 20 York needs that time, I do think it actually passing and enacting legisla- years has been largely a thin slice of would greatly illustrate my point to tion. It was my privilege to work with women at the highly-trained level, and have some examples. the gentlewoman from the District of sadly, because of the decline in mens’ Mrs. KELLY. If the gentlewoman will Columbia (Ms. NORTON) last year when wages, women are catching up. just manage to fit it in, I think like in we really enacted into law many im- There are a number of bills, and I 21⁄2 minutes, it is fine. I personally portant measures to help women, chil- support them all, but I wanted to say would like to hear the examples, Mr. dren and families, and the gentle- just a word about the Fair Pay Act, be- Speaker, and I would be delighted to woman from Connecticut (Mrs. JOHN- cause if you want to meet the problem have her take that time if she would SON) on the other side of the aisle. of the average woman today who like to have it. So I thank my colleague, the gentle- works, it will not even be an equal pay, Ms. NORTON. I very much appreciate woman from New York (Mrs. KELLY), as much as we still have to do in that. it. It will take just a couple of minutes. for organizing this special order for It will be an equivalent pay for equiva- These are the women that came. One women’s history. We have to realize lent jobs in traditional women’s occu- my colleagues may have read about, a that we are making history every day pations. It is the mainstream women’s woman from Massachusetts Institute as we work here to strengthen the occupations that are undervalued. of Technology who is a molecular biol- rights that so many women gave their Regardless of their education, the ogist who is at the top, who never lives for as they worked to gain the women now get more bachelors de- dreamed of herself as a victim of dis- right to vote for women in this coun- grees, and women finish high school crimination, at the top at MIT of a try. I thank her for going to Qatar with more often than men, women cannot tenured professor, the top of the scale. us and being part of that exciting elec- catch up, and it is largely because even Then she found out that she was mak- tion, and I thank all my colleagues for when they have working jobs where ing 20 percent less than men who had going on record and voting in support they have the same skill, effort, re- come at the same time, had done the of the elections and the right for sponsibility and working conditions as same amount of work, and she talked women to stand for office in Qatar. men, they are not paid the same so to other women, found 14 other tenured Mrs. KELLY. Mr. Speaker, I yield to that if a woman is an emergency serv- women had precisely the same cir- the gentlewoman from the District of ices operator and a man is a fire dis- cumstance. To MIT’s credit, instead of Columbia (Ms. NORTON). patcher, he is going to earn more becoming defensive, MIT said, ‘‘Let us Ms. NORTON. Mr. Speaker, I thank money even though they both may do a study. We’re scientists, let us the gentlewoman for yielding to me, have 2 years of community college. study,’’ and have been decided to bring and I especially thank her for her ini- The Fair Pay Act therefore says that up the women’s pay. That is the exam- tiative in organizing this special order. discrimination in jobs that are equiva- ple, it seems to me, that we want to Mr. Speaker, I am a former Chair of lent in skill, effort, responsibility and put forward. the Equal Employment Opportunity working conditions should be paid the Sanya Tyler who is the head women’s Commission, have spent much of my same, and it would add that to the law. coach, basketball coach, at Howard life working on women’s issues. Many Equivalent pay for equivalent jobs is University sued Howard University. of them are discrimination issues, going to be the issue of the next dec- She now compliments Howard Univer- many of them are not, and if you would ade, just as the issue of the 1960’s when sity because our university has now ask the average woman which of the we got the Equal Pay Act was equal moved forward to rectify a situation literally hundreds of women’s issues pay for equal jobs. The Fair Pay Act where the only team that was winning are more important, you would have a does not tamper with the market sys- was the girls’ basketball team, and yet hard time coming up with a single an- tem because the woman has to show they had disparities in everything from swer. But I think you would probably that the reason for the disparity is not facilities to her own pay. Her pay was find more women saying that pay market factors but discrimination. brought up, and again the employer today is important than any other I would like to go through and talk has moved forward instead of becoming issue, and that is because women are about the women who appeared at the defensive. out here and have to be out here work- White House on April 7, but in def- Patricia Higgins, a nurse from Cleve- ing. erence to the woman who still may land, Ohio, who testified that her Senator TOM HARKIN and I simulta- want to speak during this special daughter wanted to be a nurse, but the neously introduced the Fair Pay Act order, I would like to conclude by say- fact is she is a pharmacist. People who just before recess because Equal Pay ing that I think we are off to a good are not doing the same job, had no H1918 CONGRESSIONAL RECORD — HOUSE April 13, 1999 more training, did not work in the for having this Special Order tonight and for But I have to tell you, when I got to Wash- high-pressured nursing and high-skilled allowing me the opportunity to speak. I would ington, I found that some of the ``women's nursing that she did and yet earned like to focus on the issue of Domestic Vio- issuesÐthe ``family issues''Ðweren't being ad- more money, and she expects that she lence against women. The dynamics of do- dressed by the men in power. Things like child is now in a union organizing drive, and mestic violence can be as subtle as verbal at- support enforcement and women's health she thinks that AFSCME is simply tacks or as overt as murder. Nationwide, one issues and family safety issues. It wasn't that going to be able to negotiate up the out of every four women of all women has the men were opposed to these issuesÐthey salaries of the nurses so that they are been battered at some point in their lives. just didn't get it. They were not sufficiently equivalent to the salaries of the phar- Violence against women destroys families, aware of them. takes the lives of women and their children, macists. So I realized, in many important areasÐif These were three of the most salient and it traumatizes the young people who wit- ness it. It is a well documented fact that chil- we women in government don't take action, no examples, and I think when America one else will. hears those examples, America wants dren who witness violence in the home grow to do something about it. up to repeat the same patterns as adults. NEED MORE WOMEN I very much thank the gentlewoman The tragedy of violence against women is not just a personal problem, it is a community That's why we need more women in Con- from New York, and I particularly gress. thank the gentlewoman from North crisis. It is up to the community to get involved That's why we need more women State leg- Carolina (Mrs. CLAYTON). to address this issue. Mrs. KELLY. Mr. Speaker, I yield to Domstic violence affects women of all races islators. and socio-economic backgrounds. A high per- the gentlewoman from North Carolina That's why we need more women Gov- centage of these victims are women of color. (Mrs. CLAYTON); however I would like ernors. African-American women account for 16% of to retain 1 minute for myself. That's why we need more women in the Mrs. CLAYTON. Mr. Speaker, I really the women who have been physically abused by a husband or partner in the last five years. County Courthouses, the Township Municipal wanted to congratulate the gentle- According to the Houston Area Women's buildings and the City Halls. woman from New York (Mrs. KELLY) as Center, over 1100 women in Houston called Of course, there are countless issues that well as the gentlewoman who is also for counseling services in 1997 for family vio- have been thrust into the national spotlight from New York, our colleague (Mrs. lence. This counseling included services for due in large part to the efforts of women in MALONEY), in holding this special order women with children and teenagers who have CongressÐhealth care, equal pay, family and and allowing me to participate and to also survived violence. medical leave, education to name just a few. thank them for raising issues that are This figure only accounts for the women I would like to take a moment to examine important to women in our commu- who have sought help. There are others who one issue upon which women lead. nities and in our Nation. I particularly continue to suffer in silence. There were also am interested in supporting the effort 102 women in Houston who were killed by Child support enforcement of encouraging women to take leader- their partners in 1997. The first issue stems from the national epi- ship roles in emerging countries. I was We all have heard the stories of women demic of child support neglect. This epidemic pleased to be voting on the bill that al- who have suffered abuse. In my district I have of shame affects over 20 million families lowed that to happen. heard the personal stories of domestic abuse where parents ignore both the financial and I encourage also the whole enterprise survivors and I have also heard the tragic ac- psychological needs of their children effort of women who are now becoming counts of women who lost their lives at the I have a long history of standing up for child the growing percentage of small busi- hands of their partners. support enforcement, having been a pioneer ness people, so those issues that would One of my staff members recounted for me on child support reforms and having served on allow our families not only to be via- a story from her days at Legal Aid. A young the U.S. Commission for Inter-State Child ble, but also to be businesswomen and woman with three children came in for assist- Support Enforcement. It's a national disgrace to be striving as businesswomen, not ance to get permanent custody of her three that our child support enforcement system just existing. small children. She had suffered from years of I just want to bring up one issue, and abuse from her husband and she had finally continues to allow so many parents who can I will conclude. That is the issue of decided to leave him. afford to provide for their children's supportÐ child care. If we are going to talk Although her husband continued to harass both financially and psychologicallyÐto shirk about ability for mothers to go out to and threaten her, this brave young women these obligations. work, they have to be concerned about came to seek help in defiance of his threats. Among those due support, about 50% re- child care. She declared that she was better off poor and ceived the full amount, about a 25% received I am introducing a bill where we will alone than dead. This woman's story is inspir- partial payment and about 25% received provide tax credit not only for child ing because she made the decision to speak NOTHING. In 1991, of the total $17.7 billion care, but also for the training of child out about her situation. This means that we owed for child support, $5.8 billion was not care workers to make sure that we can must continue our efforts to get domestic vio- paid! This figure is unconscionable!! assure quality child care for mothers lence out in the open. I hope that domestic violence will continue Through the years, Congress has taken who need that so desperately. So issues to be viewed as a serious public health issue many concrete steps to crack down on child about income, issues about leadership that deserves our attention. We must encour- support deadbeats. The most recent major re- and issues about our children and child age women to speak out and to seek help. As form was contained in the landmark welfare care are very much issues about fami- a community, we must provide support, en- reform legislation we passed in 1996Ð lies, and I want to support that and couragement and compassion. beacuse after all, child support enforcement urge my colleagues also to be ready to Mrs. ROUKEMA. Mr. Speaker, I rise to join reform is welfare prevention. support those initiatives that come in. my Colleague from New YorkÐSUE KELLY for Now we have another opportunity to Mrs. KELLY. Mr. Speaker, I do not her leadershipÐand the other Members of the strengthen the child support enforcement net- think I will take all of the remaining Congressional Caucus on Women's Issues in work. time, but I want to note that many the special order. As the senior woman in the One of the major unfinished items of busi- women have spoken here this after- House, by virtue of seniority, I have been la- noon, and, as you can see, women’s in- ness from the last Congress is bankruptcy re- boring in these vineyards for many years. I am form. Indeed the Leadership has indicate that terests in Congress cover a vast array always pleased to have fresh recruits. So I of legislation. One of the positive bankruptcy reform will considered in the welcome all the Congresswomen to this spe- House in the next few weeks. things about the House Women’s Cau- cial order today. cus is our ability to recognize that we, ALL ISSUES ARE WOMEN'S ISSUES I am very pleased that the Bankruptcy Re- working together, can affect the course When I first ran for Congress, my experi- form Act of 1999, H.R. 833, introduced by of legislation in the United States Con- ence was that every interview with every re- Representative GEKAS, strengthens child sup- gress and hopefully, therefore, make porter started off with the same set of ques- port enforcement in a bankruptcy proceeding. life better for all of the families, tion: ``What is your position on the `women's H.R. 833 does the following: (1) Makes child women and children in the United issues?'' support payments number one when deter- States. And my response was alway the same: all mining which debts are paid first in a bank- Ms. JACKSON-LEE of Texas. Mr. Speaker, issues are women's issues. And I still believe ruptcy case (2) confirmation and discharge of I thank the members of the Women's Caucus that. Chapter 13 plans are made conditional upon April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1919 the Debtor's complete payment of child sup- large numbers of school-going young- had a dictator, self-imposed Army dic- port (3) provides that the automatic stay sters, students in high school and ele- tator, in Haiti for 3 years. They got rid DOES NOT apply to a state child support col- mentary school and junior high school, of the lawful government and they sat lection agency trying to recover child support awake, and maybe a few will be listen- there and they would not move, and ne- payments. ing. gotiations went on and on and on. I will be working with Chairman GEKAS and b 1715 I wanted to go in and restore the Representative CLAY SHAW to further refine rightful president of Haiti, elected and improve the language that will eventually I want to address a large part of my leader of Haiti, and if it took troops to be included in the final bill. remarks to those students, and I assure do that, armed intervention, then I was It is important to remember that failure to them that what I have to say will not in favor of that. Two-thirds of the pay child support is not a victimless crime. be complicated. I am not going to talk American people said no. Two-thirds of The children are the first and most important in terms of complex and abstract ideas. the Congress said no. I am glad that victims. We must ensure that these children I am going to talk about the simple the President did not listen to public are taken care of and I will continue my relent- arithmetic of Federal aid to education, opinion in that case. I am glad that he less effort in this pursuit. no higher mathematics, no logarithms, went ahead and took some decisive ac- Remember, All issues are women's issues'', no differential equations and calculus, tion and it all worked out in the inter- nevertheless, women and children are some- nothing complicated, just simple arith- est of not only the people of Haiti but times victims because of indifference or lack metic. in the interest of democracy in this of sensitivity. We pledge here today to give I want the students of America out hemisphere. them the sensitivity they need. there attending school to join me in I am glad that Abraham Lincoln did Ms. SANCHEZ. What a century this has trying to educate my colleagues here not listen to the opinion of his cabinet been for the advancement of women's rights in the House of Representatives and in when he signed the Emancipation Proc- in America. Women vote, we own businesses, the whole Washington decision-making lamation. All the votes were against we explore outer space. We fight in our na- arena. There is something wrong with the Emancipation Proclamation which tion's armed services, we represent our fellow decision-making in Washington at this set the slaves free, but he went ahead citizens in our legislature, courts and state point about education, something radi- and signed it anyhow. houses, and we have a greater role in U.S. cally wrong. So there are times when public opin- public policy than ever before. But first and I think we need the children, the stu- ion, I admit, I may not agree with it foremost among these accomplishments is the dents, younger minds, to come to the but we do listen to it. We do listen to ability to control our own economic destinies. aid of the decision-making circles here. it. I am here tonight to salute women business We have some decision-making circles I want to call upon the decision- owners who have helped this remarkable with closed minds. We are hemmed in makers in this Congress and in the change grow. And in particular, I praise the and smothered by some conventional whole Washington arena to listen to Women's Economic Summit, one of the first thinking and we need a breakthrough, public opinion on the issue of edu- gatherings of its kind. It is planting the seeds and I am going to call on the children cation. Public opinion has been speak- for even greater future successes, and I am of America to help us make this break- ing not sporadically but consistently proud to be a part of that progress. through. over a long period of time about the Women everywhere build their success on There is some simple arithmetic we priority it assigns to education. that of the women who have gone before should start with. The arithmetic be- The great majority of the American them. Tonight I salute women business own- gins with an allocation of priorities people say that government assistance ers for their work in making the American here in terms of time and attention to education ranks highest on their list dream available to our friends and daughters. and money based on the priorities that of priorities, and it has been among the f are established by the American peo- top priorities in the last 5 years. ple. In other words, we live and die by Education consistently, the Amer- MESSAGE FROM THE SENATE opinion polls here in Washington. Pub- ican people say, needs help. We need A message from the Senate by Mr. lic opinion polls are very important to government at every level to do more Lundregan, one of its clerks, an- the Republicans, they are important to for education and certainly we need the nounced that Mr. DOMENICI, Mr. GRASS- the Democrats, they are important to Federal Government to do more be- LEY, Mr. NICKLES, Mr. GRAMM, Mr. GOR- the White House. Everybody is con- cause the Federal Government really TON, Mr. LAUTENBERG, Mr. CONRAD, cerned about what the public thinks does very little in terms of dollar Mrs. BOXER, and Mrs. MURRAY, be the and we spend a lot of time and energy value. The Federal Government is re- conferees on the part of the Senate to discussing public opinion polls. sponsible for less than 8 percent of the the bill (H. Con. Res. 68) ‘‘A concurrent There are a large amount of re- total budget for education in general. resolution establishing the congres- sources committed to finding out what That includes college education, where sional budget for the United States is it that the public thinks. The impact most of the money goes. So the Federal Government for fiscal year 2000 and of public opinion polls, of course, can Government should do more. The pub- setting forth appropriate budgetary be tremendous on public policy. We saw lic keeps saying that. levels for each of fiscal years 2001 the impact of public opinion on the im- Just to refresh everyone’s memory, through 2009.’’ peachment proceedings which the Re- let me cite the polls generally. Wheth- f publican Party insisted on going ahead er taken by Republicans or Democrats, with despite the fact that common they are saying that education ranks OVERWHELMING NEGLECT: THE sense, as reflected by public opinion, number one. Seventy-four percent of ARITHMETIC OF FEDERAL AID the common sense of the American the American people consider edu- TO EDUCATION people dictated that it was a wasteful cation as a number one priority. We The SPEAKER pro tempore (Mr. venture, kind of a silly venture and might think it is Social Security be- SWEENEY). Under a previous order of that is what it turned out to be. So cause we hear more talk about saving the House, the gentleman from New public opinion can sometimes be ig- Social Security. Among the elected of- York (Mr. OWENS) is recognized for 60 nored by powerful forces here that ficials and political leaders of both par- minutes. refuse to listen. ties, Social Security is on everybody’s Mr. OWENS. Mr. Speaker, I would Right now we have a war in Kosovo lips. So Social Security is important. like to clearly label my discussion this which public opinion, I think, will play However, it is the second highest con- evening with a topic. I want to call it a great role in determining what else cern. Seventy-one percent rank Social ‘‘Overwhelming Neglect: The Arith- do we do, where do we go in terms of Security as the highest priority. metic of Federal Aid to Education.’’ United States policy. Crime reduction is the third. Health Overwhelming Neglect: The Arith- For good or ill, sometimes public care reform is the fourth. Eliminating metic of Federal Aid to Education, and opinion is not so desirable in terms of poverty is the fifth. Tax cuts are the I am pleased that this special order has the results that I think we need. I did sixth. Jobs, number seven; getting rid fallen in a period when there may be not agree with public opinion when we of the national debt, number eight; H1920 CONGRESSIONAL RECORD — HOUSE April 13, 1999 campaign finance reform, number nine. We are the last superpower and There are other shortages. Already I Here is a list of priorities with edu- Kosovo certainly would not be possible mentioned in Kosovo, we have got cation at the very top. if it were not for the participation of shortages of fuel tank pilots, tanker pi- By the way, I have not mentioned de- this American superpower in that lots. One might have picked that up if fense. Defense expenditures and in- intervention. they were listening to the news, be- creases in government aid for defense What do I think of that intervention? cause it came out in the regular news. does not even score. It is not on the I think it is very important that the One does not have to listen to C–SPAN chart. It is not on the chart. It is not American people support the interven- to get serious things like that. I think ranked. So one would think that the tion into Kosovo, just as I thought it I heard it twice. I think I heard it priorities that we set here in Wash- was important to intervene in Haiti again on C–SPAN, but certainly I heard ington would have some relationship to and to follow up a long list of various it on the regular news. Tanker pilots in the priorities which public opinion has efforts that were made to resolve the shortage. They are going to find other set. One would think that there would problem peacefully. We negotiated and shortages soon. In a high tech world be a correlation between what the we negotiated and we negotiated but where we cannot just take a body, an American people say they want govern- the predators in Haiti, the vicious, sav- individual and throw them into an ac- ment to do and what we are actually age people who were killing people tivity and expect them to perform, we proceeding to do here in Washington, every day and killed nearly 5,000 of need educated people. in the Congress and in the White their own people, they were not about So it does not matter where we look. House. to back down just via negotiations. Economic security or military secu- Is there a priority? Is there a correla- Slobodan Milosevic in Yugoslavia, rity, whatever, it is threatened by the tion? Well, on the surface, it may seem Serbia, is the same breed of character. fact that we are not measuring up to so because on the surface we have a lot He is a sovereign predator. He and his the economic challenge. of talk about education. Both Repub- gang are in control of the tanks. They b 1730 licans and Democrats have all seized have control of the machine guns. They the issue in terms of public relations have control of the arms might of the Now, back to Kosovo, do I think we and spin, in terms of getting out press Nation and they are not about to stop should be in Kosovo? Do I think that releases, in terms of posturing. Every- the genocidal destruction of Kosovo. should be a challenge that the Amer- body wants to make it appear that They are not about to stop it via peace- ican superpower should take on, the so- they are concerned with education. ful negotiations. called, what I like to call, in agree- However, when we look at the budg- I want to pause and comment on ment with President Clinton, the indis- et, when we look at the arithmetic, we Kosovo because a strong nation must pensable Nation? find that there is a very shallow com- be strong across the board, and our We are the indispensable Nation in mitment. When we look at the arith- military strength is very important for terms of certain kinds of activities in metic, we will find that education is now and for the future. Even our mili- the world. In this particular instance, I not a priority. The arithmetic of the tary strength is weakened and jeopard- do not think we would be in Kosovo if budget, the allocation of resources, of ized by the fact that we are blind to this indispensable Nation did not play dollars, it places education way down the need for a greater investment in an indispensable role. on the list of priorities. Defense, which education. We are blind to the need to I was going to make a statement on is not even in the top ten, defense is make the investment now in order to the Floor earlier, but did not get a the highest priority for both Demo- guarantee that we will not have short- chance today, so I am going to make crats and Republicans, if we measure ages in the future anywhere, shortages my statement on Kosovo right here, priorities according to the amount of in our military personnel who are capa- because I do think it relates to edu- money they are willing to appropriate. ble of running a high tech military op- cation. It relates to the need for the in- Now, defense we often say is the busi- eration or shortages in the civilian sec- dispensable Nation to have the most ness of the national government; the tor, in any area of the civilian sector, educated population, not only military, Federal Government is defense, so it is information technology, teachers. but we need more diplomats, we need natural that defense should be the very We have a lot of shortages that have more people who are able to deal with highest priority. But why a big in- been projected as a result of the fact the details. We need all kinds of spe- crease in defense at a time like this? that not enough people are being edu- cialists to take care of the various Why do we have to have a tremendous cated in this country. Not enough peo- kinds of problems of the world which increase proposed for defense before ple are in the colleges now in various require people who have a great deal of the arms intervention in Kosovo? fields that are threatened with great technical competence. We have to pay separately for that. numbers of vacancies. To be specific On Kosovo, I call Kosovo a campaign Most people do not know it, but the de- about the military, the aircraft carrier of compassion. It is a campaign of com- fense budget is for something else be- that we launched recently, the super passion, and this Nation should be sides fighting wars. When we went into aircraft carrier like none other in the proud of the fact that it has provided a the Gulf War, we had to have a special world, was short of personnel. Almost leadership role in this campaign of appropriation for that. Any special 300 staff members that they needed for compassion. The U.S.-NATO military armed intervention, any deployment of that aircraft carrier, they could not intervention in Kosovo is not driven by our forces in large measure, we have find them. They were short of per- any vested interests, any financial in- special appropriations. So we are going sonnel. They could not fully staff the terests, or any strategic hidden agenda. to have to have a special appropriation last great aircraft carrier that was That is not the case. for Kosovo. We are already in Yugo- launched by the United States Navy. There are some cynics who say, well, slavia, to the tune of $8 billion. Our Why could they not staff it? We have we would not be over there if it was not armed forces are in Yugoslavia, in Bos- a Nation of almost 260 million people. for something. Tell me, I would like to nia, and part of Croatia and carrying In a nation of 260 million people, we know. Are we in Kosovo because we are out a peace plan. So we have spent up cannot find enough people to staff an afraid that the price of oil or gasoline to $8 billion already. All of that money aircraft carrier? It is because we are will go up? They used to say that about is appropriated on top of the defense not talking about simple bodies. We do the Gulf War, that we had to protect budget. not need just a physical body, a man or our supply of oil, and we had a vested So let us leave out Kosovo for a mo- a woman to stand there and staff the interest. But Kosovo does not have any ment, although I think that Kosovo is aircraft carrier. We need people who oil. Yugoslavia does not have any oil or certainly important to what I have to have some orientation, some orienta- minerals of any great importance to say today, and I am going to mention tion toward a computerized world and us. Kosovo because I think Kosovo is an can be trained to run a high tech air- Somebody said in a joke the other example of how the military strength craft carrier. They need a certain kind day that we are in Yugoslavia to lessen of the United States is very important of people. They still need certain kinds the competition to Ford and General in the present world. of people. Motors for the building of autos. They April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1921 were making fun of the Yugoslavian all the disease and everything in the communism, there are no magic for- automobile industry. The Yugoslavian town and in the village would be mulas. automobiles have not caught on in the heaped on this thing, and it would be But nevertheless, these people, they world. driven out of town or dragged out of say, cannot live together in the We have to search very hard to find town. Scapegoating was done even Balkans. They are always going to some vested interest we could pinpoint without having another ethnic group. fight each other. But they did live to- of the United States in Yugoslavia. We But in the history of humankind, gether. In Kosovo there was a solution. would have to search pretty hard to scapegoating has become a very con- Slobodan Milosevic wrecked the solu- find a vested interest we could pinpoint venient vehicle for demagogues. Dema- tion. He took away the autonomy. He with respect to most of the NATO gogues throughout time find it easy to started the problem. countries. We are not in this by our- come to power. The easiest way to We have been negotiating with him selves. It is the NATO countries, in- power is to brand somebody as the for 8 years. How long do you negotiate cluding Great Britain and France. enemy, and to set yourself up as the before you realize that there is no prof- France has provided a great deal of savior of your group against that it to this so-called peaceful negotia- moral leadership. I understand the peo- enemy. It has been done repeatedly, tion? Slobodan Milosevic is a sovereign ple of France are clearly articulating and any group that happens to find predator. He is in the vein of Hitler, the reason why they think this is an itself in a minority is likely to be vic- Stalin, the Hutu generals, Hutu leaders important intervention. timized. of Rwanda who massacred the Tutsis. The NATO nations, the United States It is not because the minority has They needed to come to power fast, and and the other nations, are motivated something wrong with it. African they just used the hatred of people to by great moral interests and high Americans have often absorbed a whole scapegoat and come to power. standards which require that civilized lot of self-hate, and they think that From ancient Egypt to Kosovo, the people never again should tolerate any there was something wrong with them, demagogues repeatedly have used the rationalization for genocide. that they allowed themselves to be same methods and found a willing mass I would like to repeat, these NATO enslaved for so long, and that it is be- of supporters. The United States-led nations and the United States are mo- cause of some curse in the Bible, it is resistence to genocide in Kosovo shows tivated by great moral interests and because of some genetic inferiority. that finally we have not only learned a high standards which require that civ- They believe the white folks who say vital lesson in history, but now that ilized people never again should tol- that African-Americans are inferior. knowledge has also provided us with an erate any rationalization for genocide. They have taken in a whole lot of guilt imperative for painful but effective ac- Our Nation’s generous commitment and inferiority feelings, and they said, tion. of resources and the large-scale risks of this is the reason why we are per- We are not just looking back at what American lives, and they are already secuted. happened when Hitler killed 6 million being risked, those pilots are risking No, there have been minorities in his- Jews and the world stood by and did their lives. With people over there in tory who have been superior, who have nothing. We are not just regretting the fervor of just getting ready, just been acknowledged as being superior. that that happened, but in this par- loading material and so forth, many It does not matter whether you are ac- ticular instance we have been forced to people can die by accident in that kind cused of being inferior or of being supe- come to grips with a decision. of atmosphere. But certainly people rior, but when they are ready, the As a Nation, I am proud of the fact who fly those missions are risking demagogues are ready to take advan- that public opinion in this case is be- their lives. Even before we move to the tage of a situation and they need hind the President, who has made a level of ground troops, large numbers scapegoats, they will seize upon and very difficult political decision and of lives are being risked. We are doing utilize the weakest element of the pop- moved forward on this venture that be- that already. ulation. Just being the minority guar- comes more complex and violent every The large-scale risk of American antees that you are going to be in the day. lives, not in the pursuit of the usual line of victimization. The U.S.-led resistance to genocide in narrow vital interests, but to protect The Jews in Germany, they were too Kosovo shows that finally we have not the sacred lives of human beings that rich, they were too educated, they were only learned a vital lesson of history, we will never know personally, this ac- too accomplished in the arts, too ac- but now that knowledge also provides tion represents a laudable and noble complished in the sciences, they were an imperative for painful but effective national action. despised because they had achieved too action. The Roman empire only dispatched much. It did not matter, if it had been Slobodan Milosevic should have been its legions to achieve greater conquest. just the opposite they would use an- declared a war criminal 8 years ago. This American indispensable Nation other kind of excuse. This is the proc- Diplomatic patience has been cleverly has deployed its armies in an unprece- ess that demagogues use to come to manipulated by this sovereign pred- dented campaign of compassion. This is power. ator. Better late than never, however. a campaign of compassion. The most recent demagogue, of We must now declare Slobodan Adolph Hitler, Josef Stalin, Saddam course, that we are dealing with is Milosevic a war criminal, and send a Hussein, Idi Amin, the Hutu generals of Slobodan Milosevic. People say, well, clear message to all of his confused ci- Rwanda, Slobodan Milosevic, we can they have been fighting in the Baltic vilian followers, now mobilizing in call the roll of sovereign predators who for years and we cannot do anything their neighborhoods under misplaced have used murderous ethnic about that, because they are going to banners of nationalism and patriotism. scapegoating to seize, to hold, and to do that. It is ancient hatreds. For more than 8 years the citizens of expand their powers. Well, there was a period of several Serbia and Yugoslavia have failed to The oldest trick in the world is to decades where Kosovo was given its au- marshal internal sovereign resistance scapegoat. Scapegoating even existed tonomy, and the Serbs and the ethnic to the genocidal policies of their dic- where there were no ethnic groups in- Albanians lived together in peace. In tator. Their popular will, majority volved. Scapegoating, in fact, the fact, all of Yugoslavia has been falling complicity with evil, is the true cause whole description of it is an actual apart for the last 15 years, but all of of the present conflagration in the goat. The dead and dried carcass of a Yugoslavia was united under one ban- Balkans. It is not the designs of NATO, goat was used in some villages when ner for several decades. it is not the vested interests of the there were plagues or hunger and fam- The answer to that, they say is Tito. United States, it is not some kind of ine, and people were so downtrodden Tito was a Communist. He made them outside desire to humiliate the people and angry and bitter and hopeless that do it. I do not pretend to know how it of Yugoslavia and Serbia. It is the ma- they would pull together the dead car- all happened. I am not a historian. I jority complicity with evil that has al- cass of a goat and they would heap all am not a sociologist. I think there lowed Slobodan Milosevic to stay in of their rubbish and stuff, and the sym- ought to be a study made of how did power that has led to this conflagra- bolism would be that all the evil and they hold it all together. Even under tion in the Balkans at present. H1922 CONGRESSIONAL RECORD — HOUSE April 13, 1999 War is hell, and we extend our pray- to go and do more research, if you clear, we need the most educated popu- ers to innocent victims on all sides. wish. lation possible, and we need more peo- War is hell. We need to pray for all We need to move on all fronts. We ple educated. We need better edu- those people who have been caught up need a peace academy in this country cation. in this. that is as big as West Point. We have a Right now we are failing to do that, Most people are innocent, because peace academy, by the way. Look it up to respond to the need for that kind of only a handful control the power, the on the Internet, or do some research on investment. We are failing to respond tanks, the machine guns. But the re- the peace academy. We have a budget to the clear clarion call of our own peo- fusal to watch the repeat of Hitler’s for a peace academy, a very tiny budg- ple. death pageant is our duty. It is our et. I know, because it was under the ju- The common sense of America is duty to refuse to watch a repeat of Hit- risdiction of one of the subcommittees amazing sometimes, the common sense ler’s death pageant. that I served on at one time. of American people. They sense, they There are some who say that because The peace academy is very impor- understand, they feel that education is we cannot stop genocide everywhere, tant, and understanding how to make very important. Across this country, we should refuse to stand against geno- peace, how to negotiate. What shall we most people have never graduated from cide anywhere. People are saying, well, do about the world court at the Hague, college. you are not doing anything about which is responsible for trying war But in this Congress, 99 percent of Tibet, you were not doing anything criminals, or how significant should the people have graduated from col- about genocide against the Kurds in that be? It should be given a greater lege. In Washington, all of the decision Iraq, you did not do anything to help role in the present situation and in our makers and the bureaucracies, the the Tutsis in Rwanda, so why are you present modern day society. White House, everyone, they are all in Kosovo? Because we cannot stop As we go toward the future, we need graduates from college. They have all genocide everywhere, we should refuse to have as much energy and effort put benefited from our great education sys- to stand against genocide anywhere. into studying how to make peace as we tem. Yet they are blind, they are blind That is the logic they have. have in the process of making war. to the need to follow the lead of the We reject that logic. We cannot save American people and make education b 1745 them all. We could not save the Tutsis our number one priority. in Rwanda. We cannot save the Kurds Education. The Peace Academy There are some of my colleagues lis- tening to me who would say, what are in Iraq at this point, the Tibetans in would have a big education budget, not we talking about? It is our number one China. But the world can take united as big as West Point maybe, but it priority. We talked about it in the action now in Kosovo. needs a big education budget. In this clear and present instance, a So back to my major topic, over- Democratic Caucus all the time. We portion of the civilized world has both whelming neglect, the arithmetic of talk about it in the Republican Caucus all the time. We have made great state- the capability and the will to stop federal aid for education. What I am ments to our party about how impor- genocide. I am certain that the angels trying to say tonight is we are on the tant education is. in heaven are applauding these bold verge of making a great mistake in America. We can act with great nobil- It is all a bit strange when this talk and brave actions. Since the civilian adds up to peanuts in the budget. The electorate of Serb-Yugoslavia has not ity and great bravery and courage in emergency situations, and we have arithmetic of the budget does not show been willing or not been able to save that we understand that education is itself from totalitarian disease, and be- done that. In the case of Kosovo, it is an emer- important. cause a minority of military monsters Let me give my colleagues a little of gency which the machinery of our gov- with tanks and machine guns can hold that arithmetic. As I said before, it ernment, starting at the White House the majority of a Nation hostage, out- does not take a genius to figure these with the leadership of President Clin- side intervention is sometimes the only figures out. The billions and the mil- antidote to a spreading poison. ton, the machinery of our government lions might confuse us sometimes, but Decades of autonomy was the peace- has gone into motion to provide sup- this is simple arithmetic. ful solution that Milosevic eradicated. port for the foundations of a compas- Defense is not on the list of the Let the Kosovo campaign of compas- sionate civilization. This is a great American priorities. Highways and sion send a message to sovereign preda- compassionate crusade to stop geno- transportation are not on the list of tors everywhere. Sovereign predators cide in Kosovo. American priorities. Remember that as will not be allowed to savagely devour So while I am applauding the expres- I talk. human rights. Diplomatic condemna- sion of the American people, which is Right now the budget for public tion of genocide will always be a cer- what such an action is, I would also schools, elementary and secondary tainty, and sometimes military con- like to caution us and warn our Nation schools in America, this Federal Gov- frontation will also be possible. at this point. The way we are respond- ernment is giving $22.6 billion in assist- I appeal to progressive thinkers ev- ing to the education crisis, there is a ance. This is probably less than 5 per- erywhere to lay aside their fuzzy-mind- crisis, we are not educating the kinds cent of the total budget for elementary ed analyses and remember the Hitler of people, the numbers that we need for and secondary education assistance be- syndrome. Remember the Hitler syn- the future. We are not educating at a cause the States and the localities pro- drome. ‘‘Never again’’ must not be an quality level to deal with a complex fu- vide most of the money for the edu- abstract slogan. Each one of us has a ture. cation. duty to take a forceful position. I think we are going toward a cyber The Constitution does not require We should all be proud of the fact civilization, a cyber civilization, which the Federal Government to assume the that this indispensable Nation has both is very complex. We need not fear it be- responsibility for education. People are the will and the power to reinforce the cause it has already created miracles. always repeating that. Since the Con- foundation of a compassionate civiliza- It will continue to create miracles. stitution does not require the federal tion. There is a future out there which is government to assume the responsi- I make this statement in the midst of possible where some of the most dif- bility for education, why should we my discussion of education because I ficult problems and burdens that man- make a great investment at the Fed- think that, as the indispensable Na- kind faces will be able to be resolved eral level in education? tion, the last remaining superpower as- because of the nature of this cyber civ- Well, the Constitution does not re- suming great responsibilities in the ilization that we are going into. quire the Federal Government to as- world, our citizenry, the people out So, as we prepare for that, we have to sume responsibility for highways and there, including the students who are understand that an investment in edu- roads. That really has always been tra- still awake and attending high school cation is the one thing we must do. We ditionally a State and local function. and grammar school and listening, do not know all of the pitfalls. We can- But we are spending $22.6 billion for they certainly ought to understand and not project and predict everything that public schools, elementary and sec- know or be stimulated by my remarks is going to happen. But one thing is ondary education, $22.6 billion right April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1923 now. The budget for highways and Assistance Act, title XI, I have pro- allows the States and the local govern- transportation, most of which is high- posed to increase the education budget ments to borrow $25 billion. They have ways, is $51.3 billion. just for construction, school construc- to borrow that. In New York, we have Where did we take on the responsi- tion, including modernization, repairs, to have a bond issue on the ballot. Vot- bility of roads and highways from the and basic technology, wiring of the ers would have to vote to borrow some local and State governments? Some- schools for the Internet, et cetera. I am money in order to qualify for that Fed- where down the line, because it was im- proposing increasing it by $22 billion a eral program because it only provides portant. I think it is important. year over the next 5 years. I want to the interest on the $25 billion. Over a 5- Last year we passed a bill which au- get close to the defense budget, $110 year period, he proposes to pay the in- thorized $218 billion over a 6-year pe- billion over 5 years. terest on $25 billion worth of bonds riod for highways and transportation, Twenty-two billion dollars a year that local governments and State gov- mostly highways again, $218 billion in 6 would be an appropriate response to ernments would borrow. years. What we are proposing in terms the fact that education is in great need That comes out to $3.7 billion over 5 of school construction, however, is $3.7 of Federal assistance. It would be an years, roughly, depending on what the billion over 5 years. appropriate response to do it in con- interest rate is. And $3.7 billion over 5 Listen. Make the comparisons. $22.6 struction because that is the simplest years is the only commitment we have billion is our total education contribu- way for the Federal Government to to the school construction, but we have tion from the Federal Government at help education. $110 billion over 5 years committed to this point. But $51.3 billion, more than It would be an appropriate need be- defense in increases I am talking twice the amount, goes for highways cause that is where we have a need for about, increases. and transportation across the country. larger amounts of capital expenditures. The defense budget is already $280 Why are we investing more in high- It would be an appropriate place for the billion. We are going to increase it over ways? I have no problem. Let us invest President and the Federal Government a 5-year period by an additional $110 in highways. Let us understand how to intervene because it does not in- billion. minuscule our investment is in edu- volve the Federal Government getting Highways are going to be spending, cation. involved in running the schools on an over a 6-year period, $218 billion. Yet, The President, who is in the leader- operational basis. we propose to spend only $3.7 billion for ship on education, and I applaud the We do not have to get involved in de- school construction over a 5-year pe- White House leadership on education, termining what the curriculum should riod. the White House has proposed to in- be. We do not have to interfere with So take out a pencil and paper and do crease the education budget by $697 the internal workings of the school the addition and the subtraction and million this year. The annual increase that is basically the responsibility of the comparison. I am not really going is $697 million, which is more than the the State and the local government. to leave here with my colleagues be- Republicans are proposing. They are So to appropriate, and I do not pro- lieving that the President is not try- proposing $500 million this year al- pose doing it in any way except ing. He assumes this is all he can pass. though both parties say that they are straight appropriation, a straight ap- I say we need to, from the White very concerned about education. propriation of $22 billion a year for the House, state the case more clearly and The increases in the case of the next 5 years would not bring schools call for what is needed. Democrats or the President’s budget is equal to highways. Remember, I just The Republican proposed budget for 5.1 percent. The increase in the case of said highways get $218 billion over 6 school construction is zero. Zero. Noth- the Republicans is 3.7 percent. The in- years. So school construction would ing. They do not propose anything for crease for the highway budget was 12 not come anywhere near the capital school construction whatsoever over a percent. The increase for the defense outlays for highways. 1-year period, over a 5-year period, budget is staggering. They are pro- If we divide the 54.4 million students nothing. posing $110 billion at the White House, into the amount of money I propose to If we look at the President’s con- $110 billion or $112 billion, I forget, $120 spend per year per student, we are struction budget, the only one on the billion, but no less than the $110 bil- talking about school construction ex- agenda, the only one on the table, no- lion, it has sort of been fluctuating, penditures by the Federal Government body else has it, we must praise him $110 billion for defense when the Amer- would be $416 per student. for having a proposal on the table for ican people did not say we need any- If there are young people listening, school construction, but if we look at thing in terms of increase for defense. they are going to go to school tomor- it closely and we divide the number of Remember, we have got to pay for row. Talk to your teacher about why is students in elementary, secondary edu- Kosovo and any emergencies on the it that the Federal Government cannot cation institutions, in schools, the side with additional funding anyhow. spend $416 for each student going to el- President is proposing $68.50 over a 5- Let us take a look at what we are ementary and secondary education year period for school construction per getting per student. The number of en- schools. Why can we not spend $416 per student, $68.50 per student. rolled public school students in Amer- student? The Republican construction per stu- ica is 54.4 million students, 54.4 million Why do we say we care about edu- dent of course is zero because if we students. That means that the Federal cation, that the federal government start with zero, we end up with zero. I expenditure per enrolled student at wants to help, while the Republicans am sorry, that is per year, $68.50 per this point is $415 in annual yearly ex- are out peddling their education agen- year, per student. My proposal is of penditure for each student enrolled in da, saying that they are all for edu- course, as I said before, $415 per stu- public school across America is merely cation and want to do something great dent, $416 per student when we look at $415. for education, while the Democrats out all the students. If we take a look at the proposed in- there are pushing hard, the President My colleagues might say how are we crease this year on a per-student basis, is certainly stressing education in his going to evaluate those costs? Is that a the President has proposed to increase program, why do they do so little? lot of money, $416 per student times 54 the budget by $12.80 per student. The The President is out way ahead of million students, which comes to about Republicans are proposing to increase the Republicans. He is proposing $3.7 $22 billion a year. Is that a lot of the budget by $9.20 per student. billion for construction. He is not pro- money? When one looks at the number of stu- posing to do it the way I want to do it, b dents we have in the schools out there that is a direct appropriation, put it in 1800 and one looks at the amount of money the budget and appropriate it, he is Well, $416 per student, compare that being appropriated, one wonders where proposing to do it via a tax credit. The with the cost of one combat rifle. One is the response to the American public Committee on Ways and Means has to modern rifle used in our Army costs opinion polls which said that education approve a tax credit for school con- how much? $835. Twice as much as we is a priority. Think about it. struction. are willing to spend, as I propose to I have proposed an amendment to the Over a 5-year period, he proposes to spend, per year per student on con- Elementary and Secondary Education make $25 billion available; that is, he struction. I mean look at it closely. H1924 CONGRESSIONAL RECORD — HOUSE April 13, 1999 Look at this figure, also. The average Even one-tenth? I think my colleagues Nation is going to stumble and fall if annual cost per prison inmate in the can understand the dilemma we are we do not have as many people edu- United States. For each person we put facing. cated as possible. Every person that in prison we are spending $24,000. The We need to understand that we are can be educated must be educated. average is around $24,000 to keep a per- the richest country in the history of It is likely that our posterity will son in prison, and yet we cannot spend the world, and at this moment in his- pity us. They may even spit on us in $416 per student for school construc- tory we are probably more rich than we the future as they evaluate and analyze tion. have ever been. The country is richer our great lack of vision at this critical The average annual cost of a student than it has ever been. The government moment when we have maximum op- in school, in terms of operating cost, is itself has a surplus. The surplus can be portunity to go forward in the revision probably somewhere between $8,000 and used partially to invest in education. of our education system. We are in dan- $10,000. The annual cost per student in We do not have to submit to the stam- ger of becoming the victim of midget our schools, operating costs, ongoing pede to put it all into Social Security. minds and tiny spirits. Too much of costs, the average, when we take the Again, they are playing the Amer- the planning at the Department of rich and the poor districts, is between ican intellect and the American com- Education is being undertaken by $8,000 and $10,000. mon sense cheap. They are trying to midget minds and tiny spirits. I ask my colleagues to do the arith- take advantage of people’s concern Too many tiny spirits are guiding metic and take a look at it. Is it in about Social Security, to whip us all our caucuses, both the Republican and harmony with what we hear being said into a frenzy and say that every penny the Democratic Caucus. We are not about the importance of education? we get in the surplus should go into So- willing to take hold of where we are in The governors say education is very cial Security. modern America and deal with edu- important. They have all kinds of nick- Well, the President proposed that we cation the way we dealt with the GI el and dime experiments ongoing that use 60 percent of the money we have in bill after World War II. We understood they parade at conferences, and parade surplus for Social Security. That the implications of the need for a more around about what they are doing sounds reasonable to me. He proposed educated population and we had a mas- about education, but they are not will- to use another part of it for Medicare. sive education program in the GI bill. ing to spend the money. The governor That sounds reasonable to me, because A Congressman named Morrill, many of New York had a $2 billion surplus Medicare is health security for elderly years ago in the 1800s, around the time but he would not spend any money for people. But then we have some left of the Civil War, had the vision to see school construction. The Mayor of New over. We still have a percentage that that every State in America needed a York had a $2 million surplus last year they are proposing no use for at this land grant university. We dealt with it. and he would not spend any money for point, but we know that most of it will A big mind and a big spirit seized the construction in New York City, al- go into defense expenditures if we do problem. though New York City has a very seri- not say that we ought to have some for Thomas Jefferson, who created the ous situation. education. first State university, the University In New York City they have large Education is the key to our future’s of Virginia, had a vision. The model he numbers of schools that are over- defense. Our national security is all established inspired Morrill to go on to crowded, where students have to eat bound up in the educated populace we create land grant colleges and univer- lunch at 10 o’clock in the morning be- produce. Education is the key to Social sities all across the country. cause they have three shifts of lunch- Security. How? Because we want a pop- The vision of a transcontinental rail- room sittings, but also it has 250 ulace that is working. We want young road, the Federal Government financed schools that are burning coal in their people who are working, and they must the transcontinental railroad. We had furnaces still, jeopardizing the imme- be able to qualify for the high-tech jobs the people in Congress who had the vi- diate health of students with pollution, being created every day more and sion to take hold and to do things in a and yet they would not move. Why are more. big way. all these people talking about edu- And if we do not have workers, young The gentleman from Pennsylvania cation? people who can qualify for those jobs, (Mr. BUD SHUSTER) is my hero here in One of the programs we hear a lot they will not come out and take the Congress. He is a Republican, but he about is the 21st Century Learning jobs. What we will do is contract with had the vision to take hold of the high- Centers. Now, that is a worthy pro- overseas corporations. We will send the way problem, the transportation infra- gram. It is an after-school center pro- work overseas and companies will do structure problem, and with a lot of gram, and already we have $200 million the work overseas who do not pay into criticism. He was called a big spender, committed to that and we are going to the Social Security System. The best and still called a big spender, but he raise that over the next 5 years to $600 way to rob the Social Security System had the initiative and he used the million. When we have it funded at $600 is to deny the work force the oppor- available power that he had to pass a million, we will serve about 1.2 million tunity to earn the money and pay into highway transportation infrastructure students. 1.2 million students will be the Social Security fund. bill that is meaningful. We need it. We served by this program. There are some other ways we can need it. We need it far more than we It is a great program because it deals save Social Security, too, but the need some of the weapon systems that with the fact that we want to end so- present time-honored way we fund So- are being proposed. We need it far more cial promotion and have students move cial Security is through the wages of than we need some of the other waste- on through school but we will not working people. If we have fewer people ful expenditures taking place pres- dump them. We will give them some working, and they have already pro- ently. kind of after-school help, tutorial pro- jected that, we cannot avoid the demo- We are in danger of becoming, as I grams, some summer help. Well, $600 graphics, we are going to have fewer said before, the victims of midget million will only provide help for 1.2 people working. But how few? Can we minds and tiny spirits. We seem to pos- million students at best. avoid wiping out the whole work force sess the cerebral alertness, the statis- There are 54 million children in ele- because they cannot qualify for high- tical understanding that a crisis looms mentary and secondary education in- tech jobs? So many will not be able to ahead if we do not meet the education stitutions. About a quarter of them, at qualify for high-tech jobs. We have a emergency at the moment. We under- least one-fourth of them need help in real dilemma here. stand the trends, the projections, the this area. How will we provide help for The kind of greatness and the kind of inevitability of continued inadequacy one-fourth of the students if all we are vision and courage being shown in in our school systems. We comprehend willing to appropriate is $600 million? Kosovo by our national leaders now we with our heads, but we seem incapable It is a great program, but it is a very need to apply in the sector of edu- of engaging with our backbones and minuscule program. If we did 10 per- cation, looking down the road. If we do moving forward with our decision-mak- cent, one-tenth of the total students, not do it, we will have a great deficit in ing feet. In the education arena we the 54 million, can we help that many? major areas. This great indispensable need giant minds and great spirits. We April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1925 need to end the overwhelming neglect with the reality and the substance. We son that we came together as a Nation of education. must go forward and invest in edu- to allow us to live a free life in a free In the minds of our citizens, the con- cation in order to prepare our edu- society is in fact the principal reason cerns related to national defense do not cation system to take us forward into for the formation of the United States, compete with the overwhelming man- a new cyber civilization. and that is the question of national se- date to improve our schools. Nothing f curity. in the minds of our citizens, the Amer- Without national security, without ican electorate, the people who have COMMUNICATION FROM STAFF the ability to defend ourselves, without common sense out there, nothing in MEMBER OF HON. DAN MILLER, the ability to have a defense of this Na- their minds competes with education. MEMBER OF CONGRESS tion, all other things are impossible. It is number one. ‘‘It is education, stu- The SPEAKER pro tempore laid be- And under the Constitution, if we care pid.’’ It is education. fore the House the following commu- to look at that document, that is our Look at the polls, but do not look at nication from Laura Griffin, staff prime responsibility and all things flow the polls and let your eyes blink. Here member of the Honorable DAN MILLER, from that level. in Washington, in the Congress, Demo- Member of Congress: So we cannot discard our military, crats and Republicans, we need to act particularly with an administration HOUSE OF REPRESENTATIVES, on appropriating and vesting real dol- Washington, DC, April 8, 1999. and folks what want to send our troops lars in an education system which will Hon. J. DENNIS HASTERT, to every corner of the Earth and every take us into a cyber civilization in the Speaker, House of Representatives, conflict, at great expense, stretching future where everybody needs to be Washington, DC. our limited Federal dollars, and also educated. DEAR MR. SPEAKER: This is to formally no- spend additional funds or take away The dollars that we are willing to ap- tify you pursuant to Rule VIII of the Rules funds from education. So we cannot propriate in response to the American of the House that I received a subpoena for have both, but we try to do our best in people’s stated concern about edu- documents and testimony issued by the Cir- meeting our Federal obligation. cuit Court of the Twelfth Judicial Circuit of I might say, and I did not really want cation are minuscule. We are throwing Florida In and For Manatee County, Florida. pennies at a problem which requires After consultation with the Office of Gen- to get into this too much tonight, but billions of dollars. We must change our eral Counsel, I have determined to comply I just had the opportunity to meet with minds. with the subpoena to the extent that it is a couple from Florida, and they were If the American people are listening, consistent with Rule VIII. here and heard some of the debate they might help open the eyes and the Sincerely, about education in the Congress, and ears of their own Congressman or Con- LAURA GRIFFIN, one of these individuals, the wife, was gresswoman. Have them make a sur- Case Manager. a teacher and she was delighted to hear vey. Even in the richest districts there f the philosophy of the new majority re- are often schools that need help. lating to education, that the power and I challenge every Member of Con- ILLEGAL NARCOTICS the ability to teach and the funds go to gress to make a survey and select a few The SPEAKER pro tempore (Mr. the classroom, to the teacher and the schools in their districts and go take a SWEENEY). Under the Speaker’s an- student, not to the education bureauc- look at what they need. There are some nounced policy of January 6, 1999, the racy in Washington, Atlanta, and is places where they need money for wir- gentleman from Florida (Mr. MICA) is forced at different layers of the edu- ing for the Internet; there are other recognized for 60 minutes. cation bureaucracy even within the places where they need money to fix Mr. MICA. Mr. Speaker, I come be- State and in particular in my State of the roof; there are some places where fore the House at this hour to discuss Florida. they need money to tear down old primarily the issue of illegal narcotics Our discussion was quite interesting buildings and construct new schools. and its effects on our young people and because we did not identify the prob- All over New York City we have our country, but I could not help but lems the way the previous speaker did; schools that need money to put in a hear some of the words of my col- we identified the problems I think the new furnace and get rid of the pollu- league, the gentleman from New York way parents do, the way teachers do tion and the asthma-generating coal- (Mr. OWENS), who just spoke here and and local citizens who examine edu- burning furnaces. talked about education. cation. And we do not need a Harvard We need to address these issues in I want to say to my colleagues and to Education Ph.D. to look at American our Education Task Force and the the American people that I too support education today and see that teachers Democratic Caucus, as well as the education. I support anything this Con- are not allowed to teach. Committee on Education and the gress can do, anything our Nation can We asked the simple question in our Workforce. Members of the Committee do to enhance educational opportuni- conversation a few minutes ago off the on Education and the Workforce were ties for each and every American. How- floor with this couple from Florida, on the floor before, and I want to ap- ever, I do have some differences with ‘‘How can you teach, how can you have plaud what they had to say. They un- the previous speaker. order in a classroom when you cannot derstand the problem, but I do not The previous speaker represents 40 have discipline in a classroom?’’ And think that the solutions that are being years of trying to get more education the same well-intended liberal policies proposed have yet come to grips with power, more education decisions, more from the other side of the aisle have the magnitude of the need. education regulation in Washington, amassed laws and regulations, which, We need to spend many billions on D.C. combined with liberal judicial deci- school construction. School construc- sions, have handcuffed our teachers so b tion is just at the center of the prob- 1815 that it is almost impossible to have lem, but that is a place to start. If we And I think I represent a new wave of discipline in the classroom through do not meet the need for adequate thinking that has come here in the last this maze of Federal regulations, man- buildings, safe buildings, across Amer- few years that education decisions, dates, and court orders. So we have ica, the Congressional Budget Office education of our children, and deci- said we want the teacher to have the says we need about $147 billion to just sions about education policy are best ability to teach in the classroom. stay even, if we do not meet that need decided at the local level with parents, Now, we also have a unique approach or begin to step forward to move to- with local school boards, and through to education because we do not think ward meeting that need, then every- local initiatives. that the money needs to be in Wash- thing else we propose to do in Wash- Then I think we also heard the argu- ington and again the power and the ington at any level is fraudulent, ev- ment that we are spending money on regulations all coming from Wash- erything else we propose to do about military defense and others, and this ington, but we think that those re- education. money could be converted into edu- sources, that those abilities, should be We are feeding the people a spin on cation. I might remind my colleagues at the local level with the teacher, the problem without coming to grips in the House that the number one rea- with the parent, with the local school H1926 CONGRESSIONAL RECORD — HOUSE April 13, 1999 board, again reversing this trend where cent of this Federal money does not get dropout problems, they become soci- everything has come to Washington at to the classroom, to the teacher? etal problems. They do not have a job. a very heavy expense. Again, we have to allow the teacher Sometimes they get into drugs and Now, let us also for a minute, before to teach and discipline in the class- into other illegal activities. Just look I get into this drug discussion, talk room, authority, the responsibility, the at the statistics for unemployment about funding of education. My friends ability to teach in the classroom. We among our minority youth. Look at and my colleagues, the Federal Govern- have to give that first. And secondly, the statistics about dropouts among ment only provides between 4 and 5 we have to give the Federal money to our minority youth. cents of every dollar on education, 4 the student and to the teacher, a So if we really care about education, and 5 cents. Now, of course we can pro- unique approach, not to the 700-plus if we really care about those disadvan- vide more. The problem is we provide Federal programs, not to the 700-plus taged children, if we really care about about 90 percent of the Federal regula- administrators. getting dollars into the classroom for tions in education. So we provide very If we have only three administrators our students, for our teachers, for basic little money, but all of the constraints for each program at the Federal level, education, why not adopt a different and mandates and regulations that there are 2,100 that help account for approach? And that is the EdFlex ap- cause teachers instead of teaching, not the 3,000 just in Washington, D.C., in proach that we have talked about. And allowing them to teach, to be filling the Federal Department of Education. we may want to look at Super EdFlex. out papers, to be complying with Fed- So we have to ask ourselves where we As chairman of an oversight sub- eral regulations, and to report to a want our dollars to go? Into the class- committee on education, I intend to maze of bureaucracy that now starts at room? To the teacher? conduct hearings in the future on this the local level, goes to the State level, This Congress, this new Republican subject and see why we cannot get goes to the regional level, and ends up majority, said we want those funds to more Federal dollars into the class- at the Federal level. go to the classroom and to the teacher. room, to students, to teachers, to do I was chairman during the past 4 Then what are we teaching? Again, in away with the mass of bureaucracy. years of the Subcommittee on Civil my discussion with this couple from It is interesting now this concept of Service. One thing I learned as chair- Florida, the wife again taught school. charter schools. And what does a char- man of that Subcommittee on Civil My wife was an elementary school ter school do? A charter school basi- Service is where the bodies in the Fed- teacher. I have a degree in education, cally lets a teacher teach, go back to eral bureaucracy are buried. The first although I have never taught other basic education without the mass of 5,000, if my colleagues ever care to go than my school required certification regulations, whether they are locally down to the Department of Education, internship. imposed, State imposed, or federally now imagine, there are 3,000 of 5,000 But we have to ask the question, imposed. Federal education employees in the De- what is a teacher doing in the class- So I did not intend to get off on this partment of Education here in Wash- room? Does she have authority to con- subject of education, but when I hear ington D.C., or in the close environs, trol the classroom, first of all? Does those who have helped develop a sys- 3,000 people. she have the funds, Federal funds and tem that has helped ruin public edu- Now, we also got into the discussion other funds, coming to the classroom? cation, and I am a strong advocate of of changes in education. And we have, Then the next question is, what is the public education. Again, my wife as a new majority in the Congress, teacher teaching? taught in public schools; I was edu- tried to shift again this responsibility The answer is, today Federal money cated to teach in public schools. from Washington, the authority, the goes on everything but basic education. The public schools helped make this regulation, and do away with some of Now, show me a student that has basic country great. The greatest minds of the bureaucracy. We started out with education, is able to read, is able to this country, some of them were some 760 to 780 Federal education pro- write, is able to conduct basic mathe- taught in a one-room public school, grams, all well-intended, but each with matics, and I will show my colleagues and I think we can still achieve great- its own administrative level, 760 to 780 a successful student. But almost all of ness in our public schools. And public of those. We have got it pared down to our Federal education programs go for education has helped make America 700. everything except those basic edu- great, and our public teachers deserve Quite frankly, we have only begun cation fundamental programs. practically a little award of merit, the the paring process. But every one of And what is interesting is that the survivors, those who have managed to these programs has turned into lob- individuals who suffer the most from survive the mass of bureaucracy passed bying organizations, into special inter- this deficit in a Federal approach to down from Washington, the mass of est activities; and they justify their ex- education that again has been adopted regulations that do not allow them to istence by lobbying the Congress, by and culled and now culminates in this do what they went to an education uni- telling what a good job they have done. bureaucracy from Washington and this versity or college for, and that is to And what, in fact, we have again are sad approach to education as the ones teach students in a disciplined atmos- 3,000 bureaucrats in Washington D.C., who suffer the most are our most dis- phere basic and fundamental education most of them making between $70,000 advantaged students. and to help develop that policy of and $100,000 if we look at the pay sched- So our disadvantaged students are working with parents and working ules. not learning the basic skills. Those dis- with local school board members rath- Now, I am not saying that we should advantaged students, because they do er than edicts from some bureaucrat at abolish the Department of Education, not have these opportunities to learn some level who causes them to do ev- but I think we could do it with 10 to 20 basic educational skills, I will tell my erything but what their original mis- percent of the personnel that we have colleagues what has happened. They sion was. just by consolidating the programs. are our first problem in the classroom. So I take great exception when I hear In fact, there are proposals and there Ask any teacher. They are our dis- those who have helped create the dis- will be proposals before this Congress cipline problem. And the teacher does aster talk about criticism about this very shortly to go to a Super EdFlex, not have the right to discipline or have approach to get back to the basics that where we take the amount of money, control of her classroom because of the made American education and public we divide it by the student population Federal regulations and the bureauc- education so great in this Nation. And and other criteria and we send it to the racy that has been created to make again, I commend our public teachers, States. This Congress, under this new certain that a teacher does not have those survivors of this mass of bu- Republican majority, has tried to re- control of the classroom. reaucracy we sent them from Wash- verse the trend in that 80 to 90 percent So here we have the most disadvan- ington and regulations that they must of the Federal dollars do not get into taged, not able to learn the most basic try to deal with every day. the classroom, do not get to the teach- skills that are necessary. They become My purpose tonight also is to talk er. Now, is that what people want with discipline problems. Then next they be- about another issue, an issue that is their Federal money, that 80 to 90 per- come dropout problems. After they are not on the front page like Kosovo and April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1927 is not an issue like Iraq. It is an issue What is another dimension of the il- was the very first action, as we may re- that I feel is one of the most critical legal narcotics problem in this country call. social issues facing this Congress, this is the change in the pattern of usage. The second action was to appoint a Nation, our young people, and every When I came to Congress, crack and co- surgeon general who really said ‘‘just American in every walk of life now. caine were the big problem. Today, her- say maybe’’ to the use of illegal nar- cotics. Now, if you do not think that b 1830 oin is a major, major problem, not only in our urban areas but in suburban the chief health officer of the United It is a social problem that for many areas across this land, including my States, who gives a mixed message to years was limited to folks who were own area, central Florida, from Or- our young population, does not influ- the unfortunate victims of illicit nar- lando to Daytona Beach, one of the ence that young population in that im- cotics, illicit drugs, sometimes lived in highest income, highest educated, one portant position, if you do not think urban areas and became drug junkies of the most prosperous areas in Amer- the President of the United States, if or drug addicts and were the cast- ica, and we have experienced an incred- he would say that ‘‘I didn’t inhale’’ or asides of our society. But, ladies and ible heroin epidemic and particularly ‘‘if I had it to do over again I would,’’ gentlemen of the Congress, there exists again among our young people. if you do not think that influences in our Nation tonight and today a drug In the United States of America, young people, then I think you have problem that is of serious dimensions first-time heroin use surged 875 percent another thought coming, particularly and proportions. Last year, over 14,000 from 1991 to 1996, again under the when you see the statistics of the dra- Americans lost their lives because of charge of this administration. Heroin- matic increase in illegal narcotic use drug-related problems, drug-related related emergency room admissions in- from 1993 to today. deaths; 14,000. Since President Clinton creased from 1989 to 1995 some 80 per- Additionally, when the Democrats has taken office in 1993, 100,000 Ameri- cent. In Florida, I want to talk about and the Democratic majority con- cans have lost their lives. In many in- the problem that we have been experi- trolled the other body, the Senate, the stances young people, some of those in encing again with heroin. Recently, a House of Representatives and the the prime of their life, have become number of our newspapers featured White House, some of their first ac- victims to illegal narcotics. headlines that said that heroin deaths tions in the Congress in 1993 and 1994 Now, this problem is so serious that I increased 51 percent in the State of when they controlled the entire gov- want to try to bring it into some un- ernmental operation was to start to derstanding to those individuals who Florida from 1997 to 1998, a 51 percent slash the efforts of stopping drugs at represent various locales here in the increase in heroin deaths. Two hundred their source. These are source country Congress. But if we took Hattiesburg, six deaths in Florida in 1997. Fortu- programs. We know where 100 percent Mississippi and we wiped it off the map nately no Americans have been killed of the cocaine is coming from in the and its population of approximately in Kosovo, no Americans have lost world. Every bit of it is coming into 100,000, that would be equal to the num- their life in the current Iraq crises. the United States, or was coming from ber of individuals who have died be- Even in the Gulf War, we had fewer and comes from today Bolivia, Peru cause of drug-related deaths. If we de- than that number of casualties. But stroyed Gadsden, Alabama, again close just in the State of Florida, we had 206 and Colombia. That is it. There are no to 100,000 people would vanish from the heroin deaths in 1997, a 51 percent in- other locales. We knew where heroin face of the planet. Iowa City, Iowa crease from 1997 to 1998. was coming from, and this administra- would be wiped out, 100,000 died. If we In Orlando and again central Florida, tion with this majority on the other had everyone die now in Iowa City, ev- a very prosperous area that I represent side slashed the eradication programs, eryone would be alarmed. In Elmira, part of, we had 36 deaths, heroin slashed the interdiction. Now, the most cost-effective way to New York, again a population ap- deaths, and we had the highest death stop illegal narcotics is at its source, proaching 100,000, 95,000 Americans rate, we had 3.6 per 100,000 population have died, more than 95,000, because of die from heroin overdoses or heroin-re- where they are grown, where the sup- illegal narcotics in this country during lated deaths. Additionally, our cocaine ply comes from. The next line of de- this administration. Bangor, Maine problem still is with us in Florida. We fense is interdiction. What did the ad- would be wiped out. Pine Bluff, Arkan- had 1,128 cocaine deaths in Florida in ministration and this majority in Con- sas, the population of that city would 1998, up from 1,039 in 1997. So we are gress, this past majority in Congress, be wiped from the face of this country. seeing an incredible epidemic of heroin do? They cut interdiction. They Cheyenne, Wyoming. I could give a deaths, particularly among our young slashed the programs for source coun- long list of others that are equal in people, and even an increase in cocaine tries, to stop drugs at their source cost population to those individuals who deaths. effectively. Then they stopped interdic- have lost their lives in this social prob- Now, you might say, how did we get tion programs. They also stopped the lem of illegal narcotics, in this crimi- into this situation? Let me review, if I use of the military. They stopped, at nal enterprise now that is affecting may, for the Congress and for the least temporarily, the sharing of infor- every corner of America. American people the history of how mation with some of the countries in The cost of illegal narcotics in this this administration got us in this situ- shoot-down policies. Only after a great country is approaching a quarter of a ation with these statistics, with an epi- ruckus in Congress were we able to re- trillion dollars. In addition to lives demic of heroin, with the continued institute the information sharing pol- that I mentioned, 100,000 over 6 or 7 problems with cocaine, with meth- icy that allowed us to give assistance years, we had 14,000-plus last year, we amphetamine and designer drugs at and aid to other countries that had have a cost to this country estimated epidemic levels in other parts of our shoot-down policies, these principal at over a quarter of a trillion dollars. Nation. producing countries, so that they could This Congress in our budget debate is The first thing this President and take action to stop those illegal nar- debating a number of measures to deal this Congress did when it was under the cotics from leaving their borders. with illegal narcotics just in this next control of the Democrat Party, and I So we have seen what this adminis- fiscal year. The estimate is somewhere do not mean to say this in a partisan tration has done as far as the military, around $18 billion will be expended. We way, it is a matter of fact, but their interdiction, eradication. Another now have in the United States of Amer- policy was to eliminate much of the thing that folks do not realize is that ica 13.9 million Americans who are war on drugs. Their policy was to try the Coast Guard is a great line of de- users of illegal narcotics. Drug use by to just deal with treatment of those fense, particularly for Florida, around 12 to 17-year-olds in this period since who had drug abuse or illegal narcotics Puerto Rico. The Coast Guard has been President Clinton has taken office to problems and put our resources in that the first line of defense around Puerto now has doubled, has doubled since area. The first thing this President did Rico. It stopped under the Bush and 1992, drug use by our teenage popu- as President was to cut the positions in Reagan administration most of the il- lation. More than 6 percent of Ameri- the drug czar’s office, and they were legal narcotics coming into the United cans have used illegal narcotics in the slashed dramatically, practically States. Puerto Rico is part of the past 30 days. closed down the drug czar’s office. This United States and once you get into H1928 CONGRESSIONAL RECORD — HOUSE April 13, 1999 Puerto Rico, you are into the United production, the source of trans- Task Force of Congress to get re- States, and the Coast Guard provided shipment of these drugs. Our eyes and sources to Columbia to stop the pro- that shield. ears and our frontline defense in the duction, to stop the trafficking of ille- This Congress under the previous War on Drugs is located in Panama at gal narcotics from Columbia. This ad- Democrat majority and under the Clin- Howard Air Force Base, and $73 million ministration has done everything pos- ton administration slashed dramati- in this budget is to move our oper- sible to make sure that those resources cally the budgets of the Coast Guard ations to locations that will not under did not go to Columbia. They stopped and particularly the defenses and abil- any circumstances be as good because helicopters, they stopped ammunition, ity to interdict drugs around Puerto this administration, and it is not wide- they stopped resources. Now we have Rico were eliminated. ly publicized, but basically they blew Columbia as the number one producer. So this is what this administration the negotiating with the Panamanians, It has outstripped Peru and Bolivia and had done. We know what the other ad- and the United States of America is is the number one producer of cocaine. ministration had done. The Bush ad- being kicked out lock, stock and barrel What is even more incredible is 5 ministration, the previous Reagan ad- from Panama as I speak here. years ago Columbia produced almost ministration had put into place pro- We have lost $10 billion in assets, lost no heroin, almost no heroin. Today Co- grams that cost effectively stopped every one of them. They negotiated lumbia is the source of most of the her- drugs from coming into our borders, without success. We have lost every oin coming into the United States of stopped our young people from using asset. There we have lost 5,000 build- America. drugs, and we actually saw decreases in ings, over 5,000 buildings, and we will While this administration blocked use of illegal narcotics and drugs com- not be conducting one advanced for- equipment and supplies, resources, ing into our Nation. ward drug surveillance operation there. military and police aid going in to stop In fact, we will be paying $73 million the production and transiting, when b 1845 out of this budget that has been pro- they blocked this, what happened? The Mr. Speaker, I would like to continue posed by the President to make up for drug dealers began producing, and of on how this administration lost the the failed negotiations which got us to- course we heard cocaine. Now they are War on Drugs and how under the con- tally kicked out of Panama and giving the major producers, but in Columbia trol of the previous majority this coun- these assets to the Panamanians is a they are also now producing heroin, try lost the effort to interdict drugs disastrous consequences, I predict, not and it is not like the heroin of the cost-effectively at its source. In fact, to mention that the Panamanians, 1980’s. This is tough stuff. This is high under this administration and under through a corrupt tender, have given purity, not 10, 12, 15 percent pure; this the previous Democratic majority, one of the ports to a Chinese group is 70, 80 percent. This is the heroin that they slashed stopping these efforts by that basically is run by the Chinese is killing our young people on the funding a percentage that went from 33 Army. So the Chinese will control one streets of Florida and across this Na- percent of all the funds we expended in of the ports through a corrupt tender, tion. the drug war down to 12 percent. So ba- and this is the situation we find our- So again, through the inaction or im- sically what they did was gutted by selves in, and again part of this Presi- proper actions or inadequate steps that two-thirds the programs to stop drugs dent’s budget is being expended. Even this administration failed to take, Co- at their source. Again, their emphasis though he has $100 million less than we lumbia is now the biggest drug pro- was solely on those wounded in battle, proposed last year and appropriated ducer on the globe. It is my hope, it is treatment of those victims of illegal last year, additional funds will be paid my prayer, it is the intent of almost narcotics. to correct mistakes by this administra- everyone in the Congress who serves on This administration also decided to tion. the subcommittees of jurisdiction, that have the Department of Defense rank So this is the situation we find our- this administration now will allow hel- counter-narcotics efforts at the bottom selves in today. We have a very serious icopters, equipment, resources to get of its priority list. If we look at a pri- drug problem, and I want to, if I may, to Columbia. ority list developed by this administra- to put this chart up here and show the I met several times with the Presi- tion in its priorities, previously under drug problem that we have in the dent of Columbia, President Pastrana. again the Reagan and Bush administra- United States, and again, as a result of He is committed to the war on drugs. tions this was a high priority. With the inactions or lack of proper actions He has a very difficult civil war on his DOD, the Department of Defense, it is by this administration in the 1990’s we hands. Thousands and thousands of po- now a low priority. The President, not see this new pattern of illegal narcotics lice and military have lost their lives learning from experiences of the past, coming from South America. Again, at the hands of drug dealers and narco proposed to this Congress through the production of cocaine through Colum- terrorists and Marxist terrorists in Co- Office of Drug Control Policy and the bia, Peru and Bolivia, and that was the lumbia. We have a very difficult situa- Drug Czar a budget to the Congress pattern we saw at the beginning, it is tion, but hopefully now this adminis- that is $100 million less this year than the pattern we still see, but we see the tration, with the urging again of Con- last year, and again in the areas that drugs now coming through Mexico, and gress, will get the resources to stop are most important to stop drugs cost we see them coming from Columbia drugs at their source, which the source effectively at their source, the Presi- into the United States, some through is Columbia. dent also failed to provide adequate Puerto Rico into the northeast United Now the other major source area and proposals for funding of these pro- States and other routes, but the two problem that we have today is Mexico. grams, including again the Coast major sources of illegal narcotics com- Mexico has become the primary source Guard which plays such a vital role, in- ing into the United States are Colum- of hard narcotics and marijuana com- cluding the source country interdiction bia and Mexico. ing into the United States of America. programs, including the use of the Now let us examine, if we can for the It is the primary source. Some of this military. record, how we got into the situation is heroin and cocaine being produced in In fact, if my colleagues want to look where again Peru and Bolivia were the Columbia, but now in concert with the at the budget, in addition to being $100 primary producers of cocaine. I could drug dealers in Mexico, and with the million less, there is $73 million that is not possibly believe this would be true cooperation and with the consent in being currently used to relocate our if someone told me it 5 years ago, but many instances of almost every level forward drug interdiction efforts in this administration managed to make of government, corrupt government in Central and South America. We have Columbia the biggest cocaine producer Mexico, we see the drugs coming previously been stationed at Howard in the world, and they have done that through Mexico into the United States. Air Force Base for these efforts, the ad- because in the past 5 or 6 years of this They are coming into the United vanced surveillance activities in our il- administration they have fought every States through the largess of this Con- legal narcotics efforts over the South effort by Congress, they have fought gress which voted NAFTA, which voted American region, again where these every request of Members of Congress, almost an open commercial border be- drugs come from, again the source of they have fought requests of the Drug tween Mexico and the United States of April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1929 America through again a policy that and millions, hundreds of millions, of President of Mexico met. Here is where allowed us to give trade benefits. illegal drug dollars going through we were told it was corrupt from the Now we have to stop and think. This Mexican banks and some into the bottom to the top, and now we are told Congress gave great trade benefits. United States, and when it was uncov- that that official, who was supposed to They are not really an equal trading ered, the Mexican officials threatened be arrested, has fled the country and partner, not when they pay people 25, to indict the United States Customs of- possibly may be in Cuba. 35 cents, even $1 an hour. These are not ficials rather than cooperate with our Do they think the Members of Con- equal trading partners as we did with officials. What we got in return was a gress are going to ignore this? Do they Canada, which is a very equal trading threat against our agents, and only think the American people are going to partner. We gave them a great trade again until we came to the issue of pos- be fooled by the actions of this govern- advantage. And what did they give us sibly decertifying them through a step ment to fail to take actions against in return? An unprecedented supply of of Congress, the House of Representa- one of the most corrupt officials? Do illegal narcotics transiting across our tives and the other body, not this ad- they believe, in fact, that this Congress border. This is a fact; this is incon- ministration who certified them. will certify that Mexico is fully cooper- trovertible. The President went a few months ago ating when they turn a blind eye on the The DEA administrator, who testi- down and met with President Zedillo, escape of one of the major drug traf- fied before my subcommittee and on and he met there in the Yucatan Pe- fickers and one of the major officials in the other side of the Congress, said the ninsula, this little point here. the Mexican Government? corruption among Mexican anti-drug So this is where we are today. This is b 1900 authorities was, and let me quote him, the history of the supposed war on ‘‘unparalleled with anything I have We are told by our DEA officials and drugs by this administration; again, an seen in 39 years of police work.’’ This is others in hearings that I conducted administration that has almost dis- one of the most professional, most that the entire Yucatan Peninsula is solved the Drug Czar’s office; again, an dedicated capable administrators we corrupt, that it is run by drug lords. It administration that appointed a Sur- have ever had. He does not buy the ad- is corrupt from the officer on the street geon General that sent a mixed mes- ministration line even though he is a to the governor. sage to our children; again, an adminis- member of this administration, and he In fact, we knew it was corrupt. We tration, and the previous majority, the tells it like it is. He has said that the are told the entire Baja Peninsula is Democrat majority that slashed the level of corruption in Mexico is abso- corrupt. We are told that entire other programs that stopped drugs cost effec- lutely unparalleled. regions and states in Mexico are cor- tively at their source. Now this administration has certified rupt from the bottom to the top. These are, again, the results that we Mexico. Under Federal law we have a We had testimony at a recent hear- see when we certify that a country is certification law that says that every ing, which I conducted as chairman of fully cooperating and they make a year the President must certify wheth- the Subcommittee on Criminal Justice, mockery of the entire process of co- er countries who deal in illegal nar- Drug Policy and Human Resources, operation, a country that we help with cotics or are the source of illegal nar- that in fact this corruption may go trade, a country that we help with fi- cotics coming into the United States, even to the highest offices in Mexico. nancial assistance. When it was going that the State Department and the There were indications that there was down the tubes, the United States Gov- President must certify under this Fed- as much as a billion dollars that one ernment held back the financial insta- eral law that they are fully cooper- Mexican official was trying to place bility, that we still back through the ating with eliminating both the pro- from his proceeds of dealing in illegal International Monetary Fund, through duction and trafficking of drugs under narcotics. world financial organizations and this 1986 law. And this administration Now, President Clinton went with through the corporations of America. has the past several years certified President Zedillo and met in the Yuca- So I ask tonight, where is the out- that Mexico is fully cooperating and tan Peninsula, one of the, again, cen- rage? There is outrage about Kosovo. did so just a few weeks ago. ters of corruption, one of the centers of There is outrage about Saddam Hus- How can an administration certify illegal narcotics. We knew that the sein in Iraq. But these folks from Mex- that Mexico is cooperating when even governor of this state was corrupt. We ico, these corrupt individuals, these il- this Congress asked 2 years ago, this knew that he was involved in nar- legal narcotics dealers, have killed House of Representatives, simple steps cotics, but they have a quirk in Mexi- 100,000 Americans in the last 6 or 7 for the Mexicans to take? First, to ex- can law that is interesting, that when years of this administration; 14,000 tradite those who are convicted of ille- you are in office you cannot be young people, young adults and Ameri- gal narcotics trafficking, and to date I charged. cans who lost their lives, a cost of a believe they extradited one individual, So they were waiting until a few quarter of a trillion dollars to the and that is only under the pressure of weeks ago when this Mexican governor, American people. Where is the outrage? decertification, only under the pressure we were told, would leave office so they If it takes every week, if it takes of so many people, from the Minority could indict him. That is what we were every night, I will be here on the floor. Leader, the gentleman from Missouri told. If it takes 100 more committee meet- (Mr. GEPHARDT), the Speaker of the Then what happened? Under inves- ings to bring this to the attention of House, the gentleman from Illinois tigation, this is The Washington Post, the Congress that we need to make cer- (Mr. HASTERT), by a bipartisan major- April 1, April Fool’s Day, this would al- tain that we get this effort back on ity saying that Mexico must take some most be funny if it was not the truth, track, we need to make certain that we steps to show that they are cooper- but this Mexican governor of the Yuca- seek the cooperation and that we seek ating. But they fail to extradite major tan Peninsula, Quintana Roo is the working with our allies, such as Mex- drug traffickers, they fail to install name of the area, under investigation ico, to see that the flow of illegal nar- radar in the south, they fail to allow the headline says, ‘‘Mexican dis- cotics, the production of illegal nar- our DEA agents to arm themselves, appears; governor may have fled to cotics, hard drugs like heroin, cocaine, they fail to raise the level, the number avoid expected arrest.’’ methamphetamine, that are killing our of DEA agents in their country that Now, that should tickle the con- young people are stopped at their would be adequate to deal with the se- science of everyone in the Congress to source before they ever reach our bor- vere problem that they have, and they see that the Mexican official that we der, before they ever imprison our fail to enforce laws that they put on were told was going to be arrested young people and destroy the lives of the books and have made a mockery of when he left office fled. so many Americans and destroy the those laws, including the most egre- Now, to really rub salt in the wound, lives of their families. So whatever it gious incident I have ever seen a coun- this is the Miami Herald story of just a takes, I will be here. try take, which was last year in an op- few days ago, missing governor fled to I see my colleague, the gentleman eration called ‘‘Casablanca’’ in which Cuba, paper reports. So here is where from Ohio (Mr. PORTMAN), on the floor. our Custom officials identified millions the President of the United States, the The Speaker has appointed myself, the H1930 CONGRESSIONAL RECORD — HOUSE April 13, 1999 gentleman from Ohio (Mr. PORTMAN) field Township and several other town- lice and fire departments in Blue Ash, from Ohio, the gentleman from Florida ships, Hamilton, Salem and others in Montgomery, Loveland; Sycamore and (Mr. MCCOLLUM). The gentleman from Warren County, Addysten in Western Symmes Townships, Deerfield Town- Ohio (Mr. PORTMAN) is in charge of Hamilton County, were hit by these ship, all the affected areas have been working on the demand side and has high winds and devastating storm. fantastic. I think they have done an done a tremendous job in trying to put The damage is extensive. I have spent outstanding job. The sheriffs’ depart- together community programs which, the last few days visiting the area and ments in Hamilton and Warren Coun- again, this administration has not ade- meeting with victims and local offi- ties provided rapid response. Emer- quately funded, to educate our young cials trying to help out. Four people gency management throughout south- people, to work in our communities, to were killed, many injured. It is a mir- west Ohio were well prepared and well work with local organizations. He has acle that more were not killed when organized. Our Governor, Bob Taft, done an outstanding job. one looks at the devastation. came down to the area immediately. The gentleman from Florida (Mr. Hundreds of southwest Ohio residents His emergency management agency of- MCCOLLUM), the Speaker has appointed are tonight without homes. In some ficials have been excellent, and I want him another cochair with me to the areas, entire neighborhoods were vir- to thank the Governor personally for Speaker’s Working Task Force on the tually wiped out. In other areas, indi- his interest and personal concern for Drug Problem for the House of Rep- vidual houses have been destroyed and our area. then the house right next to it stands resentatives. The Hamilton County Urban Search Both have done an excellent job. I unscathed. and Rescue Task Force, so-called commend them. The gentleman from Although the damage estimates are USAR team, has been great. They have Florida (Mr. MCCOLLUM) chairs the still under way, we know that there are been working along with elements of Subcommittee on Crime and works on about 900 homes that have been dam- FEMA’s Ohio Task Force One and they criminal justice legislation. aged by the storm; 200 of them have So with those comments, I am been so severely damaged that they have really been a Godsend to the com- pleased to conclude my remarks to- probably will not be able to be rebuilt munities. They searched about 70 night, but I will be back as many times or they have been totally destroyed. homes the morning of the tornado to as it takes, as many hearings as it Another couple of hundred have sus- make sure there was indeed an accu- takes, and as much attention as we tained very extensive damage. Dozens rate count of those damaged and in- must give this problem that, again, I of businesses were damaged or de- jured and those killed. believe is the most important social stroyed. They also searched numerous busi- problem facing our Nation, our Con- Tonight our hearts go out to those nesses to look for survivors, and they gress and the future of all Americans. families who are trying to put their have helped since then to be sure that f lives back together. There are some as the clean-up is proceeding, people people who lost everything. We have are entering these homes and busi- VICTIMS OF TORNADOS IN OHIO seen from other natural disasters in nesses in a safe way. Dozens of other GET SUPPORT FROM NEIGHBORS our area, particularly the flooding in agencies throughout the area have lent AND OTHERS 1997, how difficult it can be for a com- their mutual support and assistance to The SPEAKER pro tempore. Under a munity to rebuild after a natural dis- these devastated communities. previous order of the House, the gen- aster; and our thoughts and prayers are The Red Cross, of course, and the tleman from Ohio (Mr. PORTMAN) is with everyone in these hard-hit com- Salvation Army have been on the scene recognized for 5 minutes. munities. since the start, offering help to victims Mr. PORTMAN. Mr. Speaker, I want The good news is that the response to and their families; and all of us owe a to thank the previous speaker for being this storm has been decisive and quick. tremendous debt of gratitude to untold willing to offer me some time, as well Truly, I have been overwhelmed by it. hundreds of volunteers, people who as our next speaker, and also to com- Victims are getting help. Neighbors are have come out to these communities, mend the gentleman from Florida (Mr. helping, friends are helping, total some neighbors again, some friends, MICA), who just gave an explanation of strangers are pitching in, all to get some total strangers who have taken some of the tremendous problems we people back on their feet. time and energy to help these folks face fighting drugs in this country and I spent the last few days working who are in distress. in our hemisphere, for his hard work on with local, State and Federal officials, this effort. working alongside Red Cross and so b He chairs the subcommittee and com- many other volunteers, police, fire 1915 mittee that deals with this issue, not fighters from every neighborhood in Our prayers go out to the families, only in terms of reducing the supply of our region. It has been truly heart- and our thanks and appreciation go to drugs into our country but also the de- warming to see people throughout all the hardworking volunteers and mand, which is, as he said, where I southwest Ohio rally around these emergency management personnel and focus more. The gentleman from Flor- communities. local officials who I think have done an ida (Mr. MICA) has taken a strong and I had occasion on Saturday to tour outstanding job at a difficult time. balanced approach on this that is going some of the areas with the Federal to lead, over time, I think, to a much Small Business Administration per- This clean-up process is going to be more effective policy to save our young sonnel who were sent in to evaluate the long and hard. There is still more we people from the scourge of drugs. damage, and I asked them after some need to do to help families get back on I want to thank him for what he does of our visits what they thought about their feet. One area where we have every day. He could be out enjoying this disaster and how they would com- made some progress is getting relief dinner tonight, maybe be with his fam- pare it to the many others that they from the April 15th tax filing deadline ily. Instead, he is here on the floor, as have seen around the country, earth- for tornado victims. Victims have he is so many evenings, talking about quakes, floods, fires and so on. much too much to worry about on their this issue as he does in his committee They said, well, the big difference we minds right now to worry about wheth- constantly. see here is the fact that your commu- er or not they get their taxes in and to Mr. Speaker, I am here tonight to nity, Congressman, really has pulled worry about the IRS. talk about something else. It has to do together and people are helping in We have worked with the IRS here 2 with a natural disaster. Last Friday, every way they possibly can, busi- days before the April 15 deadline to get Mr. Speaker, a tornado ripped through nesses, individuals and so on. That, some relief, to get extensions. The IRS the very heart of my district near again, was heartwarming for me to has had officials at my office on Mont- where I live, near where my office is. hear that in the area where I live, folks gomery Road to answer questions and The cities of Blue Ash, Ohio, Mont- have come together in a way that is so help tornado victims right through gomery, Ohio, Loveland, Ohio, Symmes effective at helping their fellow per- April 15. People can stop by my office and Sycamore Townships were some of sons. in Kenwood, or call us at 791–0381 to get the communities hardest hit in Ham- There are too many people to thank, filing extension information, to get ex- ilton County where I live; also Deer- so many people have done this, the po- pedited refund checks from the IRS, or April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1931 to expedite the process of their tax re- (e) Committee and subcommittee meetings Federal Rules of Evidence, Civil and Appel- turns. for the transaction of business, i.e. meetings late Procedure, judicial ethics, other appro- We have forms to be able to help peo- other than those held for the purpose of tak- priate matters as referred by the Chairman, ple extend their tax filings and also to ing testimony, shall be open to the public ex- and relevant oversight. get expedited refunds. The IRS has also cept when the Committee or subcommittee (2) Subcommittee on the Constitution: con- determines by majority vote to close the agreed to set up a special phone num- stitutional amendments, constitutional meeting because disclosure of matters to be rights, federal civil rights laws, ethics in ber for tornado-related problems in considered would endanger national security, Cincinnati. That number is 241–2929, government, other appropriate matters as would compromise sensitive law enforcement referred by the Chairman, and relevant over- and after hours you can call the IRS information, or would tend to defame, de- sight. Helpline at 1–800–829–1040. grade or incriminate any person or otherwise We are making some progress, but we would violate any law or rule of the House. (3) Subcommittee on Commercial and Ad- ministrative Law: bankruptcy and commer- still need a lot more help. The Federal (f) Every motion made to the Committee and entertained by the Chairman shall be re- cial law, bankruptcy judgeships, administra- Small Business Administration had a tive law, independent counsel, state taxation disaster relief team again I joined in duced to writing upon demand of any Mem- ber, and a copy made available to each Mem- affecting interstate commerce, interstate the district last week. FEMA officials ber present. compacts, other appropriate matters as re- arrived at the disaster scene to conduct (g) For purposes of taking any action at a ferred by the Chairman, and relevant over- a disaster assessment. meeting of the full Committee or any sub- sight. I understand from local and State committee thereof, a quorum shall be con- (4) Subcommittee on Crime: Federal Crimi- and Federal officials that the area is stituted by the presence of not less than one- nal Code, drug enforcement, sentencing, pa- likely to meet the threshold to be de- third of the Members of the Committee or role and pardons, Federal Rules of Criminal clared a Federal disaster area, and I subcommittee, except that a full majority of Procedure, prisons, other appropriate mat- urge President Clinton to give prompt the Members of the Committee or sub- ters as referred by the Chairman, and rel- committee shall constitute a quorum for consideration to a request that may evant oversight. purposes of reporting a measure or rec- (5) Subcommittee on Immigration and come from Ohio Governor Bob Taft ommendation from the Committee or sub- shortly. Claims: immigration and naturalization, ad- committee, closing a meeting to the public, mission of refugees, treaties, conventions I would also like to thank my col- or authorizing the issuance of a subpoena. leagues on both sides of the aisle, many and international agreements, claims RULE III. HEARINGS against the United States, federal charters of of whom have come up to me to express (a) The Committee Chairman or any sub- incorporation, private immigration and their condolences and support as the committee chairman shall make public an- claims bills, other appropriate matters as re- area I represent recovers from this dev- nouncement of the date, place, and subject ferred by the Chairman, and relevant over- astating storm. Now it is time for all of matter of any hearing to be conducted by it sight. us to do all we can do to help these vic- on any measure or matter at least one week (c) The Chairman of the Committee and tims pull their lives back together. before the commencement of that hearing. If ranking Minority Member thereof shall be ex the Chairman of the Committee or sub- f officio Members, but not voting Members, of committee, with the concurrence of the each subcommittee which such Chairman or RULES OF PROCEDURE OF THE ranking Minority Member, determines there ranking Minority Member has not been as- COMMITTEE ON THE JUDICIARY is good cause to begin the hearing sooner, or signed by resolution of the Committee. Ex FOR THE 106TH CONGRESS if the Committee or subcommittee so deter- officio Members shall not be counted as mines by majority vote, a quorum being The SPEAKER pro tempore. Under a present for purposes of constituting a present for the transaction of business, the quorum at any hearing or meeting of such previous order of the House, the gen- Chairman or subcommittee chairman shall subcommittee. tleman from Illinois, Mr. HYDE, is rec- make the announcement at the earliest pos- ognized for 5 minutes. sible date. RULE VI. POWERS AND DUTIES OF Mr. HYDE. Mr. Speaker, pursuant to the (b) Committee and subcommittee hearings SUBCOMMITTEES shall be open to the public except when the Rules, I am submitting a copy of the Rules of Each subcommittee is authorized to meet, Committee or subcommittee determines by Procedure of the Committee on the Judiciary hold hearings, receive evidence, and report majority vote to close the meeting because to the full Committee on all matters referred adopted February 4, 1999. disclosure of matters to be considered would to it or under its jurisdiction. Subcommittee RULES OF PROCEDURE, 106TH CONGRESS, endanger national security, would com- chairmen shall set dates for hearings and ADOPTED FEBRUARY 4, 1999 promise sensitive law enforcement informa- meetings of their respective subcommittees Rule I. The Rules of the House of Rep- tion, or would tend to defame, degrade or in- after consultation with the Chairman and resentatives are the rules of the Committee criminate any person or otherwise would vio- other subcommittee chairmen with a view on the Judiciary and its subcommittees with late any law or rule of the House. toward avoiding simultaneous scheduling of the following specific additions thereto. (c) For purpose of taking testimony and re- full Committee and subcommittee meetings RULE II. COMMITTEE MEETINGS ceiving evidence before the Committee or or hearings whenever possible. (a) The regular meeting day of the Com- any subcommittee, a quorum shall be con- mittee on the Judiciary for the conduct of stituted by the presence of two Members. RULE VII. NON-LEGISLATIVE REPORTS its business shall be on Tuesday of each week (d) In the course of any hearing each Mem- No report of the Committee or sub- while the House is in session. ber shall be allowed five minutes for the in- (b) Additional meetings may be called by terrogation of a witness until such times as committee which does not accompany a the Chairman and a regular meeting of the each Member who so desires has an oppor- measure or matter for consideration by the Committee may be dispensed with when, in tunity to question the witness. House shall be published unless all Members of the Committee or subcommittee issuing the judgment of the Chairman, there is no RULE IV. BROADCASTING the report shall have been apprised of such need therefor. Whenever a hearing or meeting conducted (c) At least 24 hours (excluding Saturdays, report and given the opportunity to give no- by the Committee or any subcommittee is Sundays and legal holidays when the House tice of intention to file supplemental, addi- open to the public, those proceedings shall be is not in session) before each scheduled Com- tional, or dissenting views as part of the re- open to coverage by television, radio and mittee or subcommittee meeting, each Mem- port. In no case shall the time in which to still photography except when the hearing or ber of the Committee or subcommittee shall file such views be less than three calendar meeting is closed pursuant to the Committee be furnished a list of the bill(s) and subject(s) days (excluding Saturdays, Sundays and Rules of Procedure. to be considered and/or acted upon at the legal holidays when the House is not in ses- meeting. Bills or subjects not listed shall be RULE V. STANDING SUBCOMMITTEES sion). (a) The full Committee shall have jurisdic- subject to a point of order unless their con- RULE VIII. COMMITTEE RECORDS sideration is agreed to by a two-thirds vote tion over the following subject matters: anti- of the Committee or subcommittee. trust law, tort liability, including medical The records of the Committee at the Na- (d) The Chairman, with such notice to the malpractice and product liability, legal re- tional Archives and Records Administration ranking Minority Member as is practicable, form generally, and such other matters as shall be made available for public use ac- may call and convene, as he considers nec- determined by the Chairman. cording to the Rules of the House. The Chair- essary, additional meetings of the Com- (b) There shall be five standing sub- man shall notify the ranking Minority Mem- mittee for the consideration of any bill or committees of the Committee on the Judici- ber of any decision to withhold a record oth- resolution pending before the Committee or ary, with jurisdictions as follows: erwise available, and the matter shall be pre- for the conduct of other Committee business. (1) Subcommittee on Courts and Intellec- sented to the Committee for a determination The Committee shall meet for such purpose tual Property: copyright, patent and trade- on the written request of any Member of the pursuant to that call of the Chairman. mark law, administration of U.S. courts, Committee. H1932 CONGRESSIONAL RECORD — HOUSE April 13, 1999 KOSOVO AND THE INVOLVEMENT in terms of coming our way in acquir- and financial resources to protect the OF U.S. TROOPS ing a peaceful settlement. What we can quality of life and stability of these The SPEAKER pro tempore (Mr. in fact do is, in continuing to apply troops as we should be. SWEENEY). Under the Speaker’s an- pressure on the government there for This is an appropriate time for us to nounced policy of January 6, 1999, the the NATO alliance, is bring Russia in outline these concerns, and to use this gentleman from Pennsylvania (Mr. and give Russia a more prominent role, as part of our discussions as we decide WELDON) is recognized for 60 minutes. and basically allow Russia to play I whether or not to move into a phase Mr. WELDON of Pennsylvania. Mr. think the kind of middle position they where ground troops are entered into Speaker, I will not take the entire should be playing in bringing Milosevic Kosovo. hour, but I do want to continue a dis- and his people to somber discussions Unfortunately, Mr. Speaker, the peo- cussion that I started last evening, a about how to resolve this situation ple in America have been convinced discussion regarding the situation in peacefully. that for some reason we are spending Kosovo and the involvement of our I encourage the administration to do so much more money today on our troops in the air campaign, as well as that. I am heartened that some feed- military than at any point in time in the potential involvement of our troops back I have gotten today is that the the past. The facts just do not bear in a ground campaign. administration in fact is looking at that out. I thought it was especially important these options. I think that is critically When I talk to my constituents back to continue this this evening, Mr. important for Republicans and Demo- in Pennsylvania, I use a simple anal- Speaker, because, as we both know, crats to continue to press the adminis- ogy. I do not compare what we are there are a number of our colleagues tration and our allies to look at ways spending on defense to Ronald Reagan, who are this evening sitting in their of- that we can solve this problem to our as some would perhaps do. Rather, I go fices signing mail and responding to satisfaction, to the satisfaction of back to the time of John Kennedy. constituent concerns and at the same NATO, to the satisfaction of the sta- When John Kennedy was president in time keeping one eye and perhaps one bility of the Kosovars and Kosovo as a the sixties, Mr. Speaker, we were ear on the discussions taking place Nation, where people can live freely spending 52 cents of every Federal tax here. without ethnic intimidation, but we dollar coming into Washington on the I think it is important that we look should do that also without having to military. Yet, it was a time of peace. It at all the parameters associated with resort to inserting ground troops and was after Korea and before Vietnam. the status of our military today as we potentially involving ourselves in a Fifty-two cents of every tax dollar was hear increased discussions in the city major conflict that could involve the spent on the military. Nine percent of about committing significantly larger world’s two major superpowers as oppo- our gross national product was spent amounts of American troops to Kosovo, nents. on defense back then. and committing a significant amount Tonight, Mr. Speaker, I want to use In today’s budget, we are spending 15 of American resources to the situation this opportunity to talk about some cents of the Federal tax dollar on de- and the ultimate defeat of Milosevic. other factors that Members must con- fense. We are spending 2.6 percent of Last night, Mr. Speaker, I focused on sider as we prepare to either support or our gross national product on the mili- the need to bring Russia in and to basi- not support the administration’s policy tary. The numbers have dropped dra- cally have Russia, which is on an ongo- on moving additional troops and oper- matically. In fact, by any accounting ing basis a significant beneficiary of ations and personnel and platforms standard, we are spending a signifi- American tax dollars, to play a vital into Kosovo and the surrounding the- cantly smaller portion of our Federal and direct role in helping to bring ater. allocation that is available on defense Milosevic to the table and to agree to Before I do that, however, I want to and security than we were back when negotiated terms to settle the ethnic reiterate two important points that I John Kennedy was the President, even unrest that has occurred in Serbia, es- made last evening. The first is that though I would argue that was a more pecially with the Kosovars. Milosevic understand in no uncertain stable time and a time of peace As I said last night, we spend be- terms that all of us in this body are throughout the world. tween $6 hundred million and $1 billion united with the President in demand- But some other factors have changed. of taxpayer money on programs to as- ing that he end his reign of terror on Back when John Kennedy was presi- sist Russia. From economic develop- the Kosovars, and that he stop and be dent we had the draft. Young people ment to stabilization of their nuclear held accountable for the atrocities that were brought into the military. They programs to assistance with environ- are now unfolding in Kosovo and Ser- served a period of 2 years or more. mental issues, we are actively engaged bia, and that we as Americans will fol- Then they went on with their lives. in Russia, and I am in the middle of low through in holding him account- They were paid next to nothing. many of those issues as the chairman able personally. Let there be no mis- Today we have an all volunteer force. of the Interparliamentary Commission take about that. They are well educated. Many are mar- with the Russian Duma. The second key point I want to make ried, they have children, so we have Now is the time for us, Mr. Speaker, and reemphasize from last evening is added health care costs, housing costs, to let Russia know that we expect, for that we are solidly behind our mili- travel costs, so a much larger portion the assistance that we give them, that tary; that we in the Congress are doing of our smaller defense budget is being they play a significant and vital role in everything in our power to give them spent on the quality of life to get those bringing Milosevic, an ally and close the tools and the resources they need troops, to get those people, to serve in confidante of the Russian government to allow them to continue the oper- the military and to keep those troops and certain Russian leaders, to the ations that have been outlined for involved and to stay on beyond one table to help us resolve this conflict them by the Commander in Chief. tour of duty. peacefully. But let me get into the meat of what In fact, quality of life is the over- As I said last evening, I have had dis- I would like to discuss this evening, riding driving factor of our defense cussions with Russian Duma deputies Mr. Speaker. That deals with the need budget process today, to make sure our and with leaders in Russia who want to for Members of this body and the other troops are happy, that they have the pursue such a course. Make no mistake body to understand that deploying our best possible quality of life to raise about it, I think these negotiations troops in Kosovo, sending our pilots in their families and to continue to serve should be on our terms, not Russia’s. to conduct aerial campaigns, sending America. We should set the policy based on the our helicopters, our Apaches in to pro- That was not the case back in the negotiations that we have had with the vide safe ways, is not the same as send- sixties. With the draft, we paid the Contact Group in the past, but Russia ing inanimate robots into an area. troops a meager amount of money. has to be part of the process. These are human beings, and these Most were not married. We did not I think in the 3 weeks or so that we human beings have need, they have have all the associated costs with hous- have been bombing Serbia it is evident wants. We have not been as supportive ing, education, health care, and so that we have not seen Milosevic move, as a Nation in providing the backup forth. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1933 Some other things have changed. provide the funding to pay for these op- memos of the Army where the Army is Back in John Kennedy’s era when we erations. discussing the need to replace the sur- were spending 52 cents of every Federal In fact, the irony of these 33 deploy- vival radio gear that we provide the pi- tax dollar on the military, we were not ments, Mr. Speaker, is that we in the lots and crew members on aircraft fly- spending a significant portion of our Congress, Democrats and Republicans ing over hostile environments. defense budget on environmental miti- alike, joining together each year for This gear and equipment is essential gation. In this year’s defense budget, the past 4 years, plussed up more because, if a plane is downed, as we saw $11 billion of the defense budget will go money to try to replenish some of with the F–117A, those pilots and those for what we call environmental mitiga- these funds that were being eaten away crew members have got to have a way tion. That is money that is not going for this rapidly increasing deployment to get a signal back so that we can go to provide support for our troops. That rate. in and rescue them. is money that is not going to buy new In fact, 4 years ago we gave the Pen- These documents refer to those sys- equipment or to replace old equipment, tagon $10 billion more than what the tems. Unfortunately in the internal or to repair equipment. President asked for. Three years ago memos of the Army, in discussing the Now $11 billion out of today’s budget we gave the Pentagon $6 billion more availability of these devices to provide for defense environmental mitigation, than what the Pentagon asked for. Two for our planes that are flying, not just and zero dollars spent during John years ago we gave the Pentagon $3 bil- over Kosovo, but also over Iraq in the Kennedy’s era for the similar type of lion more than what the President peacekeeping role there and protecting situation, a further change from the asked for. the no-fly zone, this is what the Army nineties as compared to the sixties. In each of those years, as we in the is saying to those who are asking for But there is even a more funda- Congress tried to replenish the funds to these devices to put on these planes to mental difference that gets at the replace money that was being used for protect our pilots, and I quote: ‘‘We do heart of our problem in sustaining the these deployments, the President and not have any radios available to fill readiness of our troops today. That is the administration criticized the Con- shortages.’’ We do not have any radios the issue that I also talked about last gress for giving the Pentagon more available to fill shortages, referring to evening. This issue, Mr. Speaker, I money than they asked for. these devices that are so critically im- portant for pilots that may be downed think we have to drive home to Ameri- b 1930 cans and to our colleagues on a daily in either Iraq or in Kosovo from enemy basis. Finally this year, the Pentagon lead- fire. During the time from World War II’s ers have spoken up and said, ‘‘We can They go on to discuss the fact that ending until 1990 and 1991, under the take this no longer. The funding prob- we need to have some kind of protec- administration of all the presidents lem is so severe in the Pentagon that tion for the pilots. So further on in the that served during that period, starting we have to tell you candidly that we same memo, these are internal Army with Harry Truman and Dwight D. Ei- need more money in next year’s budg- memos that I have been given by the senhower and Richard Nixon and going et.’’ medial outlets running these stories, on through John Kennedy and Lyndon The service chiefs came in and testi- this is a directive that has been issued Johnson, and going on through Jimmy fied before the House committees and by the Army, ‘‘The pilot in command’’ Carter and Gerald Ford, and even in- the Senate committees and said, at a of the aircraft ‘‘will continue to ensure cluding Ronald Reagan and George minimum, they need $19 billion more that not less than one fully operational Bush, during all of that time the total than what President Clinton asked for survival radio is on board the aircraft. amount of deployments by those Com- in the fiscal year 2000 budget. This does not preclude crew members mander in Chiefs was 10, 10 deploy- The President said he would make $11 from carrying additional radios on ments in 40 years. billion of new funding available. It was board the aircraft as assets become Our troops were only inserted into a great speech. But when we cut away available. In addition, the’’ pilot in hostile environments as a measure of all of the rhetoric, the actual new charge ‘‘will ensure that crew members last resort by our Republican and Dem- money put in by the President in his without radios have other means of sig- ocrat Commander in Chief. budget for the next fiscal year is $3 bil- naling’’, now listen to this, Mr. Speak- Let us look at the past 8 years, Mr. lion. In fact, one of the gimmicks they er, either a ‘‘foliage penetration flare Speaker. Since 1991, 1990 and 1991, we used was to take $3 billion out of R&D kit and/or a signal mirror.’’ have had 33 deployments. I had to cross for defense, shift it into acquisition, Can we imagine, Mr. Speaker, that them out, because Kosovo is now the and call that a $3 billion plus-up in de- we are sending pilots and crew mem- 33rd. There have been 33 deployments fense spending. bers into a hostile environment, wheth- of our troops into hostile situations. The problem we have today is that er it is over Iraq or Kosovo, and we are Each of these 33 deployments, 33 in 8 the readiness of our troops, the capa- telling them, because we do not have years, versus 10 in 40 years, each of bility to perform in Kosovo, is directly enough equipment, that they should these deployments cost hundreds of dependent on how much we support our make sure that they have a signal mir- millions or billions of dollars. None of troops. The fact is, Mr. Speaker, we ror; that that is the method they are these 33 deployments were budgeted have undermined the capability of our going to use to tell our rescue crews for, not one. None of these deployments military. that they have been downed. were paid for with an up or down vote Because of the rapidly increasing In fact, Mr. Speaker, there was an- on the Congress in advance of the de- level of deploying our troops around other story that ran a week or so ago ployment of the troops. the world and because of the rapidly where one of our Maryland units, I be- The payment of the costs associated decreasing defense budget, we have un- lieve it is the 104th Air Reserve Squad- with these deployments was made by fortunately encountered a mismatch ron out of neighboring Maryland who is taking dollars out of an already de- that is affecting the quality of life for currently flying the missions over Iraq creasing defense budget, out of pro- our troops, that is affecting the ability at this very moment, that the com- grams of modernizing our aircraft, for our troops to serve this Nation well manding officer has been quoted as modernizing our naval fleet, modern- in Kosovo, let alone the possibility of saying that that unit had to go to local izing our platforms, and giving the sol- asking ground troops to go in to fight Radio Shack stores and buy GPS de- diers, sailors, marines, and corpsmen what could be a massive war. vices to give their pilots to carry on the kinds of quality of life that they Mr. Speaker, let me give my col- board these planes. deserve in an era where we have all vol- leagues some examples that are very Mr. Speaker, this is not some pie-in- unteers. specific. One of our national defense the-sky make-believe threatening sce- In fact, the Comptroller of the Pen- technical media outlets is running a se- nario. This is what is happening today tagon has given us a figure that these ries of stories that, to me, are embar- with our military. How can we as the 33 deployments cost us $19 billion of rassing. They have documents, one of world’s most powerful Nation there to unanticipated expenditures. Many of which I will enter into the CONGRES- provide security and leadership for them were paid with supplementals to SIONAL RECORD. These are internal NATO allow our pilots and their crews H1934 CONGRESSIONAL RECORD — HOUSE April 13, 1999 to fly combat missions without the ap- send in the American troops. These are tainly in this decade. In fact, Mr. propriate equipment to guarantee the not robots. These are human beings Speaker, Desert Storm cost the Amer- safety of their lives? with families, with loved ones. They ican taxpayer $51 billion, a huge sum of Is it no wonder, Mr. Speaker, that deserve to be treated with dignity and money. But, Mr. Speaker, President the retention rate for our pilots in the respect. Bush got our allies to reimburse us $52 Navy and the Air Force is the lowest I appreciate President Clinton today billion. There was no net cost to our rate today since World War II? The re- or yesterday going down and speaking defense budget. tention rate for Air Force and Navy pi- to the pilots who are flying our B–52s, Each of these deployments, the re- lots flying planes today over Kosovo real heroes for America and real heroes verse has occurred. Not only are the al- and Iraq is below 20 percent. In one for the world that we are trying to pro- lies not reimbursing us for our costs, in case, it is 15 percent. tect. But I wish the President would places like Haiti, we are subsidizing We wonder why these young pilots have addressed one other thing when the cost of other nations sending their who we have invested so much money he spoke to them. troops in along with us. In fact, we are to train do not want to stay in. It is be- I wish he would have told those pilots using American defense dollars to fund cause we are not giving them the what we all know, that those B–52 the support, the housing, the food, and equipment they need. It is because bombers are going to be 75 years old be- the subsidization of other nations to their morale is suffering and because fore we can retire them, 75 years old bring their militaries into these de- they are sick and tired of going from and flying because we have undermined ployments that we have become in- one deployment to the next. the base of financial support to provide volved with. Instead of having time to come back new aircraft. Mr. Speaker, the situation is getting to visit with our families, to visit with That is what is critical to those pi- grave. We on the Committee on Armed our children, they are being dispatched lots in those B–52s and those crews. It Services are getting ready to mark up to Haiti, from Haiti to Somalia, from is not just enough to say they are our defense authorization bill. We have Somalia to Macedonia, from Macedonia American heroes. It also requires us to very serious problems. The Joint Chiefs to Bosnia, from Bosnia to Kosovo. give them the new equipment, the have said publicly they need $19 billion The morale is suffering in a dramatic training, the repairs, the kinds of sup- more than what the President has in way, and we are seeing the result of port they need to do the job they are fact allocated. that in a level of retention for pilots being asked to do. That does not include a pay raise for that we have not seen in the last 50 We are not doing that, Mr. Speaker. all the service personnel. That does not years. In fact, Mr. Speaker, we are see- We are not modernizing the military include service-wide adjustments to ing it in the ability to recruit new because, over the past 6 years, we have the retirement system that are needed. young people in the services. cut program after program to put the That does not include missile defenses, The Secretary of the Army just 1 money in to paying for these deploy- which are one of the fastest growing month ago, because of shortages in the ments because we do not have the dol- threats that we see emerging in the Army’s ability to bring the new re- lars necessary to fund these deploy- 21st Century. cruits, has proposed that we lower the ments up front. The estimate we have come up with standard of acceptance, that we now This means that marines flying in is that we are short approximately $25 take young people in the Army who do the CH–46 workhorse helicopter that billion in the next fiscal year just to not have high school diplomas. was built during the Vietnam War will take care of our ongoing commitments. Here is the irony of that, Mr. Speak- be flying those helicopters when they I say that, Mr. Speaker, because er, the Army’s number one priority are 55 years old. Those helicopters were Kosovo has already cost us $2 billion. right now, which I fully support, is the designed to be flown for 20 to 25 years. Where did that money come from? It digitized battlefield, to give the Army The marines will have to fly the 46 came out of an already decreasing de- warrior of the 21st century an informa- when it is 55 years old because we have fense budget. Every major operation in tion technology capability second to not replaced the 46 with the aircraft the country has had to put dollars on none, a computer in the backpack so that is designed to take it out of serv- the table to help fund the Kosovo de- they have visual imaging, a GPS capa- ice, because we have taken the money ployment. bility so in their goggles they can see from that program and used it to fund We are going to have to pass a mas- what the pilots in our helicopters and these escapades around the world; and sive supplemental. I saw the report our planes and our radar surveillance that is what they are, escapades. today where the long-term projected planes are seeing. Critics would say to me, ‘‘Well, wait cost of Kosovo could exceed $10 billion At a time when we are making our a minute, Congressman Weldon, you to $15 billion alone. Mr. Speaker, I ask soldiers digitized, able to be operating are being critical of this President and the question of our colleagues, where is computers, we are having to lower the this administration for all of these de- that money going to come from? Where standard of acceptance in the Army to ployments. What about President are we going to find that additional $10 well below a high school diploma be- Bush? Wasn’t it President Bush back in billion to $15 billion when we cannot cause we cannot fill the billets, be- 1991 in this 33 deployment rate who even fund the $19 billion to $25 billion cause the morale in the services are sent our troops to Desert Storm, a very shortfall that has been identified be- suffering unlike any time, including large conflict?’’ fore Kosovo became an issue. 1970s, since World War II. The answer is, yes, it was President b In fact, Mr. Speaker, we have ships Bush who sent our troops into Desert 1945 going out to sea, aircraft carriers short Storm. We did have a full and open de- We are in a massive crisis. In fact, of 600 to 700 sailors from what the re- bate in this body and the other body Mr. Speaker, as I have spoken around quired rate of deployment and billets before those troops were committed to the country, I have made the state- should be for a mission, 600 to 700 sail- combat. ment that this period of time, the ors short because we cannot provide We did one other thing, Mr. Speaker, 1990s, will go down in history as the the number of sailors to man the ships or I should not say ‘‘we did’’. The worst decade in undermining our na- to do the functions that they are re- President did. President Bush felt so tional security because of our increas- quired to do in hostile environments. strongly about the allied commitment ing rate of deployment and our massive Mr. Speaker, these are facts. These in Desert Storm that he personally decreases in defense allocations. The are not ideas. These are not maybes. went to the major world leaders around two run in a diametrically opposite These are dependables. These things the world, and he said something very way, and we are feeling the crunch are happening today. We have a severe simple to them. ‘‘If you cannot send today. problem with our military. We are troops, then you must support this op- With all of these deployments, the stretching it to the bone. eration financially. But if you can send Navy is being asked to do more and Our military was not designed to be- troops, we want your troops involved.’’ more assignments around the world. come the world’s police department Desert Storm was the largest multi- We are now dispatching another carrier where every time a conflict occurs, we national force that we have seen cer- over to the Kosovo theater; to the April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1935 Balkan theater. The Navy at one time Mr. Speaker, we better be prepared rest in Central America, and rebuilding had 585 ships. If we listen to our Navy for one other debate as well. If we can- in Central America, and at the same experts today, we are having trouble not sustain the level of our troop time not have the bodies to fill those keeping our Navy at 300 ships, in spite strength that we need, if we cannot re- slots. It does not work that way. of these massive increases in deploy- verse the decline in the retention of Now, Mr. Speaker, we have never ments around the world. our pilots, especially Navy and Air heard this President deal with these Our fighter squadrons. We have fight- Force pilots, if we cannot turn around issues. He has not talked about the er squadrons today, Mr. Speaker, where the Army’s problem of recruitment, need to provide additional support for up to one-third of the planes are the Navy’s problem of filling its billets, our troops. He does not want to break grounded because we are using them as if we cannot solve those problems, Mr. the budget caps. He does not want to spare parts to keep the other two- Speaker, I believe all my colleagues put the kind of money in that the thirds in the air flying. know what that means we will have to Joint Chiefs have said publicly they Mr. Speaker, how long can this go on debate. That means we have to debate need this year. And he is not willing to before the American people sense that whether or not to consider reinstating talk about the morale problems in the something is terribly wrong? Is it the draft. Boy, all of a sudden does that military. These are issues that we in going to take a massive loss of life? raise eyebrows across the country. the Congress cannot run away from. Are we going to have to see another It is easy to say put the troops in. It Defense is not a partisan issue. I am case where soldiers are killed, as we is easy to say put American kids in the first to admit publicly, Mr. Speak- er, that Democrats in this body have saw 28 young Americans killed in 1991 harm’s way. It is easy to say send been as supportive of defense as have when that low-complexity SCUD mis- planes over. But, Mr. Speaker, we need Republicans, and some of our leading sile hit the barracks in Saudi Arabia men and women to fly those planes, to supporters of the military are Members that we could not defend against and fly those helicopters, to feed those of the Democrat party. An over- we brought them home in body bags? troops. And if morale becomes such a whelming number of our Republicans It is a real fact, Mr. Speaker, that 8 problem because of our lack of support years after that attack on our soldiers are strong supporters of our military. financially for our troops, what then do in Saudi Arabia with that SCUD mis- I want to speak to those other Mem- we do? bers of the Congress who want to put sile that we have no highly effective If we cannot convince young people our troops in harm’s way but who want system today to deal with the medium- to voluntarily serve their country, and range missiles that Iran and Iraq both to cut the defense budget even further that is where we are heading, then, un- than what it is now. Mr. Speaker, we now have, that North Korea has now fortunately, if we are going to see the deployed that threatens our troops in cannot let that happen. Every one of administration keep this level of de- those Members of Congress who goes on South Korea and threatens our troops ployment up, we have got to find a way in Japan. The growth of missile pro- national TV, who stands in the well of to get young people to fill those billets, liferation is providing threats to our this body and talks about committing to sail those ships, to man those heli- troops that we do not have the money our troops, talks about humanitarian copters, to fly those B–52s, to fly those to build systems to defend against. efforts, talks about saving lives and The threat of weapons of mass de- F–117As. And if we cannot do that vol- taking people out of wheelbarrows to struction has caused the President to untarily, Mr. Speaker, that means we give them homes, they better be pre- ask for billions of dollars of additional have to force people to serve our Na- pared to vote for the money and the money to deal with the threats of the tion to complete these operations that support to deal with the morale prob- potential use of chemical, biological our commander-in-chief has gotten us lems, the readiness problems, the mod- and small nuclear weapons, and I agree into. ernization problems that we have in These are not easy decisions. These with his assessment of the threat. But, the military today. Because that is Mr. Speaker, we do not have the are not easy circumstances where we what this debate needs to focus on. money. can, sitting in our armchair, decide to This is not about undermining the Mr. Speaker, perhaps the greatest send more robots into a theater and leadership of our country. This is about threat, the threat of cyber terrorism, risk their lives. We have a problem giving those men and women asked to the use by a rogue nation or rogue with our military because we have not go into harm’s way the tools they need group with high-performance com- funded readiness, we have not funded to do their job. puters to compromise our smart weap- modernization, we are not even giving We need to have this debate across ons and our civilian information sys- the pilots the remote sensing gear they America, and I hope, as we get closer tems, is requiring a massive increase in need if they are shot down. to a decision on how to proceed with new dollars to deal with information And if we cannot provide the support Kosovo, we continue to understand warfare, and we do not have the money to keep those volunteers serving our that every day we are there is costing to put into that process. country, then those Members of Con- us, by one estimate I saw, $30 million Mr. Speaker, I recite these facts be- gress who are standing before the na- an hour. Thirty million dollars an hour cause as we, my colleagues and I, are tional media, who are talking about of U.S. tax money that we do not know being asked to assess whether or not putting our troops in harm’s way, who where it is coming from. Thirty million our troops should be deployed, both our are talking about sending tens of thou- dollars an hour that the U.S. is putting helicopters which are already there and sands of new troops into Kosovo, they up, that we are shouldering the bulk of the troops that support them that are better be prepared to address the issue the responsibility for. already there, and the potential follow- of where do these young people come These costs have to come from some- on of a larger group of troops going from. Because if we cannot provide the place, and this body needs to find a into Kosovo, we had better consider bodies, then we have to force young way to provide the additional resources one very important thing: We had bet- Americans to do what they did prior to to pay for those operational costs and ter be prepared to provide every ounce the Vietnam War, and that is serve not rob other accounts that force us to of support for those men and women their country as a part of a national fly aircraft well beyond their life ex- that they need. conscription effort. pectancy, that forces morale to con- That is going to require a significant Mr. Speaker, I am not prepared to do tinue to drop, that forces our pilots to new investment of money. That is that. I do not think we should be want to get out and make money in the going to require an effort that breaks thinking about restoring the draft, but private sector, and that forces those the budget caps. It is going to require I also understand the reality of the sit- people flying those bombing missions us to significantly increase the support uation we are in. We cannot have it and those security missions over Iraq to replace the Tomahawk cruise mis- both ways. We cannot deploy our and Kosovo at this very hour to not siles, the guns and ammunition, the troops 33 times, we cannot keep young have the necessary equipment so that fuel, the lodging costs, and all those people in Haiti, Macedonia, Somalia, if they are shot down they can alert other associated costs that currently the Balkans, in Bosnia, and put them our rescue crews to come in and know are in excess of $2 billion for the in Kosovo, and have them handle floods where they are to get them out quickly Kosovo deployment. and tornadoes and earthquakes and un- and safely. H1936 CONGRESSIONAL RECORD — HOUSE April 13, 1999 Mr. Speaker, the challenges before us section 301 of the Congressional Budget Act of Sec. 331. Sense of the Senate that the one hun- are great. This country needs to under- 1974. dred sixth Congress, first session stand all the dimensions of the Kosovo (b) TABLE OF CONTENTS.—The table of con- should reauthorize funds for the tents for this concurrent resolution is as follows: deployment. This country needs to un- farmland protection program. Sec. 332. Sense of the Senate on the importance derstand that we cannot afford to be Sec. 1. Concurrent resolution on the budget for fiscal year 2000. of social security for individuals fair weather friends of the brave men TITLE I—LEVELS AND AMOUNTS who become disabled. and women who serve this country. It Sec. 333. Sense of the Senate on reporting of on- is not just enough to stand up and wave Sec. 101. Recommended levels and amounts. budget trust fund levels. Sec. 102. Social security. Sec. 334. Sense of the Senate regarding South the flag and say ‘‘I am behind the Sec. 103. Major functional categories. troops.’’ We must be prepared to take Sec. 104. Reconciliation of revenue reductions Korea’s international trade prac- care of all the extra costs that are as- in the Senate. tices on pork and beef. Sec. 105. Reconciliation of revenue reductions Sec. 335. Sense of the Senate on funding for sociated with these 33 deployments, natural disasters. many of which our troops are still in- in the House of Representatives. volved with around the world today. TITLE II—BUDGETARY RESTRAINTS AND TITLE I—LEVELS AND AMOUNTS I ask my colleagues to consider these RULEMAKING SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. facts as we move further into a very Sec. 201. Safe deposit box for social security The following budgetary levels are appro- priate for the fiscal years 2000 through 2009: nasty and dangerous situation far away surpluses. Sec. 202. Reserve fund for retirement security. (1) FEDERAL REVENUES.—For purposes of the from the homes and the towns where Sec. 203. Reserve fund for medicare. enforcement of this resolution— these brave Americans live. Sec. 204. Reserve fund for agriculture. (A) The recommended levels of Federal reve- f Sec. 205. Tax reduction reserve fund in the Sen- nues are as follows: ate. Fiscal year 2000: $1,408,082,000,000. RECESS Sec. 206. Emergency designation point of order Fiscal year 2001: $1,434,837,000,000. Fiscal year 2002: $1,454,757,000,000. The SPEAKER pro tempore (Mr. in the Senate. Sec. 207. Pay-as-you-go point of order in the Fiscal year 2003: $1,531,512,000,000. OSE). Pursuant to clause 12 of rule I, Senate. Fiscal year 2004: $1,584,969,000,000. the Chair declares the House in recess Sec. 208. Application and effect of changes in Fiscal year 2005: $1,648,259,000,000. subject to the call of the Chair. allocations and aggregates. Fiscal year 2006: $1,681,438,000,000. Accordingly (at 7 o’clock and 56 min- Sec. 209. Establishment of levels for fiscal year Fiscal year 2007: $1,735,646,000,000. utes p.m.), the House stood in recess 1999. Fiscal year 2008: $1,805,517,000,000. subject to the call of the Chair. Sec. 210. Deficit-neutral reserve fund to foster Fiscal year 2009: $1,868,515,000,000. the employment and independence (B) The amounts by which the aggregate lev- f of individuals with disabilities in els of Federal revenues should be changed are b the Senate. as follows: 0018 Sec. 211. Reserve fund for fiscal year 2000 sur- Fiscal year 2000: $0. AFTER RECESS plus. Fiscal year 2001: ¥$7,810,000,000. Sec. 212. Reserve fund for education in the Sen- Fiscal year 2002: ¥$53,519,000,000. The recess having expired, the House ate. Fiscal year 2003: ¥$31,806,000,000. was called to order by the Speaker pro Sec. 213. Exercise of rulemaking powers. Fiscal year 2004: ¥$49,180,000,000. tempore (Mr. OSE) at 12 o’clock and 18 TITLE III—SENSE OF CONGRESS, HOUSE, Fiscal year 2005: ¥$62,637,000,000. minutes a.m. AND SENATE PROVISIONS Fiscal year 2006: ¥$109,275,000,000. Subtitle A—Sense of Congress Provisions Fiscal year 2007: ¥$135,754,000,000. f Fiscal year 2008: ¥$150,692,000,000. Sec. 301. Sense of Congress on the protection of CONFERENCE REPORT ON HOUSE Fiscal year 2009: ¥$177,195,000,000. the social security surpluses. (2) NEW BUDGET AUTHORITY.—For purposes of CONCURRENT RESOLUTION 68, Sec. 302. Sense of Congress on providing addi- the enforcement of this resolution, the appro- CONCURRENT RESOLUTION ON tional dollars to the classroom. priate levels of total new budget authority are THE BUDGET FOR FISCAL YEAR Sec. 303. Sense of Congress on asset-building for as follows: 2000 the working poor. Fiscal year 2000: $1,426,720,000,000. Sec. 304. Sense of Congress on child nutrition. Fiscal year 2001: $1,455,785,000,000. Mr. KASICH submitted the following Sec. 305. Sense of Congress concerning funding Fiscal year 2002: $1,486,875,000,000. for special education. conference report and statement on the Fiscal year 2003: $1,559,079,000,000. concurrent resolution (H. Con. Res. 68) Subtitle B—Sense of the House Provisions Fiscal year 2004: $1,612,910,000,000. establishing the congressional budget Sec. 311. Sense of the House on the Commission Fiscal year 2005: $1,666,657,000,000. for the United States Government for on International Religious Free- Fiscal year 2006: $1,698,214,000,000. fiscal year 2000 and setting forth appro- dom. Fiscal year 2007: $1,753,326,000,000. priate budgetary levels for each of fis- Sec. 312. Sense of the House on assessment of Fiscal year 2008: $1,814,537,000,000. cal years 2001 through 2009: welfare-to-work programs. Fiscal year 2009: $1,874,778,000,000. Subtitle C—Sense of the Senate Provisions (3) BUDGET OUTLAYS.—For purposes of the en- CONFERENCE REPORT (H. REPT. 106–91) Sec. 321. Sense of the Senate that the Federal forcement of this resolution, the appropriate lev- The committee of conference on the dis- Government should not invest the els of total budget outlays are as follows: agreeing votes of the two Houses on the social security trust funds in pri- Fiscal year 2000: $1,408,082,000,000. amendment of the Senate to the concurrent vate financial markets. Fiscal year 2001: $1,434,837,000,000. resolution (H. Con. Res. 68), establishing the Sec. 322. Sense of the Senate regarding the Fiscal year 2002: $1,454,757,000,000. congressional budget for the United States modernization and improvement Fiscal year 2003: $1,531,512,000,000. Government for fiscal year 2000 and setting of the medicare program. Fiscal year 2004: $1,583,753,000,000. forth appropriate budgetary levels for each Sec. 323. Sense of the Senate on education. Fiscal year 2005: $1,639,568,000,000. of fiscal years 2001 through 2009, do pass with Sec. 324. Sense of the Senate on providing tax Fiscal year 2006: $1,667,838,000,000. the following, having met, after full and free relief to Americans by returning Fiscal year 2007: $1,717,042,000,000. conference, have agreed to recommend and the non-social security surplus to Fiscal year 2008: $1,781,865,000,000. do recommend to their respective Houses as taxpayers. Fiscal year 2009: $1,841,858,000,000. follows: Sec. 325. Sense of the Senate on access to medi- (4) DEFICITS OR SURPLUSES.—For purposes of That the House recede from its disagree- care services. the enforcement of this resolution, the amounts ment to the amendment of the Senate to the Sec. 326. Sense of the Senate on law enforce- of the deficits or surpluses are as follows: text of the resolution and agree to the same ment. Fiscal year 2000: $0. with an amendment as follows: Sec. 327. Sense of the Senate on improving secu- Fiscal year 2001: $0. In lieu of the matter proposed to be in- rity for United States diplomatic Fiscal year 2002: $0. serted by the Senate amendment, insert the missions. Fiscal year 2003: $0. following: Sec. 328. Sense of the Senate on increased fund- Fiscal year 2004: $1,216,000,000. SECTION 1. CONCURRENT RESOLUTION ON THE ing for the National Institutes of Fiscal year 2005: $8,691,000,000. BUDGET FOR FISCAL YEAR 2000. Health. Fiscal year 2006: $13,600,000,000. (a) DECLARATION.—Congress determines and Sec. 329. Sense of the Senate on funding for Fiscal year 2007: $18,604,000,000. declares that this resolution is the concurrent Kyoto protocol implementation Fiscal year 2008: $23,652,000,000. resolution on the budget for fiscal year 2000 in- prior to Senate ratification. Fiscal year 2009: $26,657,000,000. cluding the appropriate budgetary levels for fis- Sec. 330. Sense of the Senate on TEA–21 fund- (5) PUBLIC DEBT.—The appropriate levels of cal years 2001 through 2009 as authorized by ing and the States. the public debt are as follows: April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1937 Fiscal year 2000: $5,628,400,000,000. (B) Outlays, $15,212,000,000. (5) Natural Resources and Environment (300): Fiscal year 2001: $5,708,500,000,000. Fiscal year 2002: Fiscal year 2000: Fiscal year 2002: $5,793,500,000,000. (A) New budget authority, $10,885,000,000. (A) New budget authority, $22,820,000,000. Fiscal year 2003: $5,877,400,000,000. (B) Outlays, $14,581,000,000. (B) Outlays, $22,644,000,000. Fiscal year 2004: $5,956,300,000,000. Fiscal year 2003: Fiscal year 2001: Fiscal year 2005: $6,024,600,000,000. (A) New budget authority, $12,590,000,000. (A) New budget authority, $21,833,000,000. Fiscal year 2006: $6,084,600,000,000. (B) Outlays, $13,977,000,000. (B) Outlays, $21,879,000,000. Fiscal year 2007: $6,136,500,000,000. Fiscal year 2004: Fiscal year 2002: Fiscal year 2008: $6,173,900,000,000. (A) New budget authority, $13,994,000,000. (A) New budget authority, $21,597,000,000. Fiscal year 2009: $6,203,400,000,000. (B) Outlays, $13,716,000,000. (B) Outlays, $21,223,000,000. SEC. 102. SOCIAL SECURITY. Fiscal year 2005: Fiscal year 2003: (a) SOCIAL SECURITY REVENUES.—For pur- (A) New budget authority, $14,151,000,000. (A) New budget authority, $22,479,000,000. poses of Senate enforcement under sections 302, (B) Outlays, $13,352,000,000. (B) Outlays, $22,579,000,000. and 311 of the Congressional Budget Act of 1974, Fiscal year 2006: Fiscal year 2004: the amounts of revenues of the Federal Old-Age (A) New budget authority, $14,352,000,000. (A) New budget authority, $22,992,000,000. and Survivors Insurance Trust Fund and the (B) Outlays, $13,069,000,000. (B) Outlays, $23,003,000,000. Federal Disability Insurance Trust Fund are as Fiscal year 2007: Fiscal year 2005: follows: (A) New budget authority, $14,429,000,000. (A) New budget authority, $23,036,000,000. Fiscal year 2000: $468,020,000,000. (B) Outlays, $12,886,000,000. (B) Outlays, $22,929,000,000. Fiscal year 2001: $487,744,000,000. Fiscal year 2008: Fiscal year 2006: Fiscal year 2002: $506,293,000,000. (A) New budget authority, $14,498,000,000. (A) New budget authority, $23,066,000,000. Fiscal year 2003: $527,326,000,000. (B) Outlays, $12,701,000,000. (B) Outlays, $22,966,000,000. Fiscal year 2004: $549,876,000,000. Fiscal year 2009: Fiscal year 2007: Fiscal year 2005: $576,840,000,000. (A) New budget authority, $14,462,000,000. (A) New budget authority, $23,167,000,000. Fiscal year 2006: $601,834,000,000. (B) Outlays, $12,560,000,000. (B) Outlays, $22,925,000,000. Fiscal year 2007: $628,277,000,000. (3) General Science, Space, and Technology Fiscal year 2008: Fiscal year 2008: $654,422,000,000. (250): (A) New budget authority, $23,158,000,000. Fiscal year 2009: $681,313,000,000. Fiscal year 2000: (B) Outlays, $22,861,000,000. (b) SOCIAL SECURITY OUTLAYS.—For purposes (A) New budget authority, $17,955,000,000. Fiscal year 2009: of Senate enforcement under sections 302, and (B) Outlays, $18,214,000,000. (A) New budget authority, $23,541,000,000. 311 of the Congressional Budget Act of 1974, the Fiscal year 2001: (B) Outlays, $23,238,000,000. amounts of outlays of the Federal Old-Age and (A) New budget authority, $17,946,000,000. (6) Agriculture (350): Survivors Insurance Trust Fund and the Fed- (B) Outlays, $17,907,000,000. Fiscal year 2000: eral Disability Insurance Trust Fund are as fol- Fiscal year 2002: (A) New budget authority, $14,331,000,000. lows: (A) New budget authority, $17,912,000,000. (B) Outlays, $13,160,000,000. Fiscal year 2000: $327,256,000,000. (B) Outlays, $17,880,000,000. Fiscal year 2001: (A) New budget authority, $13,519,000,000. Fiscal year 2001: $339,789,000,000. Fiscal year 2003: (A) New budget authority, $17,912,000,000. (B) Outlays, $11,279,000,000. Fiscal year 2002: $350,127,000,000. (B) Outlays, $17,784,000,000. Fiscal year 2002: Fiscal year 2003: $362,197,000,000. Fiscal year 2004: (A) New budget authority, $11,788,000,000. Fiscal year 2004: $375,253,000,000. (A) New budget authority, $17,912,000,000. (B) Outlays, $10,036,000,000. Fiscal year 2005: $389,485,000,000. (B) Outlays, $17,772,000,000. Fiscal year 2003: Fiscal year 2006: $404,596,000,000. Fiscal year 2005: (A) New budget authority, $11,955,000,000. Fiscal year 2007: $420,616,000,000. (A) New budget authority, $17,912,000,000. (B) Outlays, $10,252,000,000. Fiscal year 2008: $438,132,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2004: Fiscal year 2009: $459,496,000,000. Fiscal year 2006: (A) New budget authority, $12,072,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $17,912,000,000. (B) Outlays, $10,526,000,000. Congress determines and declares that the ap- (B) Outlays, $17,768,000,000. Fiscal year 2005: propriate levels of new budget authority and Fiscal year 2007: (A) New budget authority, $10,553,000,000. budget outlays for fiscal years 2000 through 2009 (A) New budget authority, $17,912,000,000 (B) Outlays, $9,882,000,000. for each major functional category are: (B) Outlays, $17,768,000,000. Fiscal year 2006: (1) National Defense (050): Fiscal year 2008: (A) New budget authority, $10,609,000,000. Fiscal year 2000: (A) New budget authority, $17,912,000,000. (B) Outlays, $9,083,000,000. (A) New budget authority, $288,812,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2007: (B) Outlays, $276,567,000,000. Fiscal year 2009: (A) New budget authority, $10,711,000,000. Fiscal year 2001: (A) New budget authority, $17,912,000,000. (B) Outlays, $9,145,000,000. (A) New budget authority, $303,616,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2008: (B) Outlays, $285,949,000,000. (4) Energy (270): (A) New budget authority, $10,763,000,000. Fiscal year 2002: Fiscal year 2000: (B) Outlays, $9,162,000,000. (A) New budget authority, $308,175,000,000. (A) New budget authority, $49,000,000. Fiscal year 2009: (B) Outlays, $291,714,000,000. (B) Outlays, ¥$650,000,000. (A) New budget authority, $10,853,000,000. Fiscal year 2003: Fiscal year 2001: (B) Outlays, $9,223,000,000. (A) New budget authority, $318,277,000,000. (A) New budget authority, ¥$1,435,000,000. (7) Commerce and Housing Credit (370): (B) Outlays, $303,642,000,000. (B) Outlays, ¥$3,136,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2002: (A) New budget authority, $9,664,000,000. (A) New budget authority, $327,166,000,000. (A) New budget authority, ¥$163,000,000. (B) Outlays, $4,270,000,000. (B) Outlays, $313,460,000,000. (B) Outlays, ¥$1,138,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2003: (A) New budget authority, $10,620,000,000. (A) New budget authority, $328,370,000,000. (A) New budget authority, ¥$84,000,000. (B) Outlays, $5,754,000,000. (B) Outlays, $316,675,000,000. (B) Outlays, ¥$1,243,000,000. Fiscal year 2002: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $14,450,000,000. (A) New budget authority, $329,600,000,000. (A) New budget authority, ¥$319,000,000. (B) Outlays, $10,188,000,000. (B) Outlays, $315,110,000,000. (B) Outlays, ¥$1,381,000,000. Fiscal year 2003: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $14,529,000,000. (A) New budget authority, $330,869,000,000. (A) New budget authority, ¥$447,000,000. (B) Outlays, $10,875,000,000. (B) Outlays, $313,686,000,000. (B) Outlays, ¥$1,452,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2006: (A) New budget authority, $13,859,000,000. (A) New budget authority, $332,175,000,000. (A) New budget authority, ¥$452,000,000. (B) Outlays, $10,439,000,000. (B) Outlays, $317,102,000,000. (B) Outlays, ¥$1,453,000,000. Fiscal year 2005: Fiscal year 2009: Fiscal year 2007: (A) New budget authority, $12,660,000,000. (A) New budget authority, $333,451,000,000. (A) New budget authority, ¥$506,000,000. (B) Outlays, $9,437,000,000. (B) Outlays, $318,040,000,000. (B) Outlays, ¥$1,431,000,000. Fiscal year 2006: (2) International Affairs (150): Fiscal year 2008: (A) New budget authority, $12,635,000,000. Fiscal year 2000: (A) New budget authority, ¥$208,000,000. (B) Outlays, $9,130,000,000. (A) New budget authority, $12,511,000,000. (B) Outlays, ¥$1,137,000,000. Fiscal year 2007: (B) Outlays, $14,850,000,000. Fiscal year 2009: (A) New budget authority, $12,666,000,000. Fiscal year 2001: (A) New budget authority, ¥$76,000,000. (B) Outlays, $8,879,000,000. (A) New budget authority, $11,679,000,000. (B) Outlays, ¥$1,067,000,000. Fiscal year 2008: H1938 CONGRESSIONAL RECORD — HOUSE April 13, 1999 (A) New budget authority, $12,642,000,000. Fiscal year 2006: (A) New budget authority, $286,076,000,000. (B) Outlays, $8,450,000,000. (A) New budget authority, $74,858,000,000. (B) Outlays, $285,533,000,000. Fiscal year 2009: (B) Outlays, $73,843,000,000. Fiscal year 2005: (A) New budget authority, $13,415,000,000. Fiscal year 2007: (A) New budget authority, $298,442,000,000. (B) Outlays, $8,824,000,000. (A) New budget authority, $75,762,000,000. (B) Outlays, $298,424,000,000. (8) Transportation (400): (B) Outlays, $74,748,000,000. Fiscal year 2006: Fiscal year 2000: Fiscal year 2008: (A) New budget authority, $304,655,000,000. (A) New budget authority, $51,825,000,000. (A) New budget authority, $76,773,000,000. (B) Outlays, $305,093,000,000. (B) Outlays, $45,833,000,000. (B) Outlays, $75,738,000,000. Fiscal year 2007: Fiscal year 2001: Fiscal year 2009: (A) New budget authority, $310,547,000,000. (A) New budget authority, $50,996,000,000. (A) New budget authority, $76,680,000,000. (B) Outlays, $311,448,000,000. (B) Outlays, $47,711,000,000. (B) Outlays, $75,688,000,000. Fiscal year 2008: Fiscal year 2002: (11) Health (550): (A) New budget authority, $323,815,000,000. (A) New budget authority, $50,845,000,000. Fiscal year 2000: (B) Outlays, $325,266,000,000. (B) Outlays, $47,265,000,000. (A) New budget authority, $156,181,000,000. Fiscal year 2009: Fiscal year 2003: (B) Outlays, $152,986,000,000. (A) New budget authority, $334,062,000,000. (A) New budget authority, $52,255,000,000. Fiscal year 2001: (B) Outlays, $335,604,000,000. (B) Outlays, $46,769,000,000. (A) New budget authority, $164,089,000,000. (14) Social Security (650): Fiscal year 2004: (B) Outlays, $162,357,000,000. Fiscal year 2000: (A) New budget authority, $52,285,000,000. Fiscal year 2002: (A) New budget authority, $14,239,000,000. (B) Outlays, $46,255,000,000. (A) New budget authority, $173,330,000,000. (B) Outlays, $14,348,000,000. Fiscal year 2005: (B) Outlays, $173,767,000,000. Fiscal year 2001: (A) New budget authority, $52,314,000,000. Fiscal year 2003: (A) New budget authority, $13,768,000,000. (B) Outlays, $46,071,000,000. (A) New budget authority, $184,679,000,000. (B) Outlays, $13,750,000,000. Fiscal year 2006: (B) Outlays, $185,330,000,000. Fiscal year 2002: (A) New budget authority, $52,345,000,000. Fiscal year 2004: (A) New budget authority, $15,573,000,000. (B) Outlays, $46,039,000,000. (A) New budget authority, $197,893,000,000. (B) Outlays, $15,555,000,000. Fiscal year 2007: (B) Outlays, $198,499,000,000. Fiscal year 2003: (A) New budget authority, $52,378,000,000. Fiscal year 2005: (A) New budget authority, $16,299,000,000. (B) Outlays, $46,039,000,000. (A) New budget authority, $212,821,000,000. (B) Outlays, $16,281,000,000. Fiscal year 2008: (B) Outlays, $212,637,000,000. Fiscal year 2004: (A) New budget authority, $52,412,000,000. Fiscal year 2006: (A) New budget authority, $17,087,000,000. (B) Outlays, $46,056,000,000. (A) New budget authority, $228,379,000,000. (B) Outlays, $17,069,000,000. Fiscal year 2009: (B) Outlays, $228,323,000,000. Fiscal year 2005: (A) New budget authority, $52,447,000,000. Fiscal year 2007: (A) New budget authority, $17,961,000,000. (B) Outlays, $46,082,000,000. (A) New budget authority, $246,348,000,000. (B) Outlays, $17,943,000,000. (9) Community and Regional Development (B) Outlays, $245,472,000,000. Fiscal year 2006: (450): Fiscal year 2008: (A) New budget authority, $18,895,000,000. Fiscal year 2000: (A) New budget authority, $265,160,000,000. (B) Outlays, $18,877,000,000. (A) New budget authority, $6,369,000,000. (B) Outlays, $264,420,000,000. Fiscal year 2007: (B) Outlays, $10,462,000,000. Fiscal year 2009: (A) New budget authority, $19,907,000,000. Fiscal year 2001: (A) New budget authority, $285,541,000,000. (B) Outlays, $19,889,000,000. (A) New budget authority, $4,011,000,000. (B) Outlays, $284,941,000,000. Fiscal year 2008: (B) Outlays, $8,298,000,000. (12) Medicare (570): (A) New budget authority, $21,033,000,000. Fiscal year 2002: Fiscal year 2000: (B) Outlays, $21,015,000,000. (A) New budget authority, $3,608,000,000. (A) New budget authority, $208,652,000,000. Fiscal year 2009: (B) Outlays, $5,857,000,000. (B) Outlays, $208,698,000,000. (A) New budget authority, $22,233,000,000. Fiscal year 2003: Fiscal year 2001: (B) Outlays, $22,215,000,000. (A) New budget authority, $3,851,000,000. (A) New budget authority, $222,104,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $4,536,000,000. (B) Outlays, $222,252,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2002: (A) New budget authority, $45,424,000,000. (A) New budget authority, $3,828,000,000. (A) New budget authority, $230,593,000,000. (B) Outlays, $45,564,000,000. (B) Outlays, $3,812,000,000. (B) Outlays, $230,222,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2003: (A) New budget authority, $44,255,000,000. (A) New budget authority, $3,819,000,000. (A) New budget authority, $250,743,000,000. (B) Outlays, $44,980,000,000. (B) Outlays, $3,012,000,000. (B) Outlays, $250,871,000,000. Fiscal year 2002: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $44,728,000,000. (A) New budget authority, $3,816,000,000. (A) New budget authority, $268,558,000,000. (B) Outlays, $45,117,000,000. (B) Outlays, $2,732,000,000. (B) Outlays, $268,738,000,000. Fiscal year 2003: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $45,897,000,000. (A) New budget authority, $3,810,000,000. (A) New budget authority, $295,574,000,000. (B) Outlays, $46,385,000,000. (B) Outlays, $2,606,000,000. (B) Outlays, $295,188,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2006: (A) New budget authority, $46,248,000,000. (A) New budget authority, $3,811,000,000. (A) New budget authority, $306,772,000,000. (B) Outlays, $46,713,000,000. (B) Outlays, $2,522,000,000. (B) Outlays, $306,929,000,000. Fiscal year 2005: Fiscal year 2009: Fiscal year 2007: (A) New budget authority, $48,789,000,000. (A) New budget authority, $3,808,000,000. (A) New budget authority, $337,566,000,000. (B) Outlays, $49,292,000,000. (B) Outlays, $2,483,000,000. (B) Outlays, $337,761,000,000. Fiscal year 2006: (10) Education, Training, Employment, and Fiscal year 2008: (A) New budget authority, $47,266,000,000. Social Services (500): (A) New budget authority, $365,642,000,000. (B) Outlays, $47,812,000,000. Fiscal year 2000: (B) Outlays, $365,225,000,000. Fiscal year 2007: (A) New budget authority, $66,347,000,000. Fiscal year 2009: (A) New budget authority, $47,805,000,000. (B) Outlays, $63,806,000,000. (A) New budget authority, $394,078,000,000. (B) Outlays, $46,231,000,000. Fiscal year 2001: (B) Outlays, $394,249,000,000. Fiscal year 2008: (A) New budget authority, $66,030,000,000. (13) Income Security (600): (A) New budget authority, $48,451,000,000. (B) Outlays, $64,574,000,000. Fiscal year 2000: (B) Outlays, $48,997,000,000. Fiscal year 2002: (A) New budget authority, $244,390,000,000. Fiscal year 2009: (A) New budget authority, $66,476,000,000. (B) Outlays, $248,088,000,000. (A) New budget authority, $49,099,000,000. (B) Outlays, $64,847,000,000. Fiscal year 2001: (B) Outlays, $49,671,000,000. Fiscal year 2003: (A) New budget authority, $250,473,000,000. (16) Administration of Justice (750): (A) New budget authority, $70,963,000,000. (B) Outlays, $257,033,000,000. Fiscal year 2000: (B) Outlays, $67,460,000,000. Fiscal year 2002: (A) New budget authority, $23,434,000,000. Fiscal year 2004: (A) New budget authority, $262,970,000,000. (B) Outlays, $25,349,000,000. (A) New budget authority, $73,277,000,000. (B) Outlays, $266,577,000,000. Fiscal year 2001: (B) Outlays, $70,162,000,000. Fiscal year 2003: (A) New budget authority, $24,656,000,000. Fiscal year 2005: (A) New budget authority, $276,386,000,000. (B) Outlays, $25,117,000,000. (A) New budget authority, $74,093,000,000. (B) Outlays, $276,176,000,000. Fiscal year 2002: (B) Outlays, $72,672,000,000. Fiscal year 2004: (A) New budget authority, $24,657,000,000. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1939 (B) Outlays, $24,932,000,000. Fiscal year 2001: (2) the social security trust funds have been Fiscal year 2003: (A) New budget authority, ¥$8,481,000,000. running surpluses for 17 years; (A) New budget authority, $24,561,000,000. (B) Outlays, ¥$12,874,000,000. (3) these surpluses have been used to implic- (B) Outlays, $24,425,000,000. Fiscal year 2002: itly finance the general operations of the Fed- Fiscal year 2004: (A) New budget authority, ¥$6,437,000,000. eral Government; (A) New budget authority, $26,195,000,000. (B) Outlays, ¥$19,976,000,000. (4) in fiscal year 2000, the social security sur- (B) Outlays, $26,084,000,000. Fiscal year 2003: plus will exceed $137 billion; Fiscal year 2005: (A) New budget authority, ¥$4,394,000,000. (5) for the first time, a concurrent resolution (A) New budget authority, $26,334,000,000. (B) Outlays, ¥$4,835,000,000. on the budget balances the Federal budget with- (B) Outlays, $26,221,000,000. Fiscal year 2004: out counting the social security surpluses; Fiscal year 2006: (A) New budget authority, ¥$4,481,000,000. (6) the only way to ensure that social security (A) New budget authority, $26,370,000,000. (B) Outlays, ¥$5,002,000,000. surpluses are not diverted for other purposes is (B) Outlays, $26,249,000,000. Fiscal year 2005: to balance the budget exclusive of such sur- Fiscal year 2007: (A) New budget authority, ¥$4,515,000,000. pluses; and (A) New budget authority, $26,403,000,000. (B) Outlays, ¥$5,067,000,000. (7) Congress and the President should take (B) Outlays, $26,285,000,000. Fiscal year 2006: such steps as are necessary to ensure that fu- Fiscal year 2008: (A) New budget authority, ¥$4,619,000,000. ture budgets are balanced excluding the sur- (A) New budget authority, $26,450,000,000. (B) Outlays, ¥$5,192,000,000. pluses generated by the social security trust (B) Outlays, $26,346,000,000. Fiscal year 2007: funds. Fiscal year 2009: (A) New budget authority, ¥$5,210,000,000. (b) POINT OF ORDER.— (A) New budget authority, $26,481,000,000. (B) Outlays, ¥$5,780,000,000. (1) IN GENERAL.—It shall not be in order in the (B) Outlays, $26,368,000,000. Fiscal year 2008: House of Representatives or the Senate to con- (17) General Government (800): (A) New budget authority, ¥$5,279,000,000. sider any revision to this resolution or a concur- Fiscal year 2000: (B) Outlays, ¥$5,851,000,000. rent resolution on the budget for fiscal year (A) New budget authority, $12,339,000,000. Fiscal year 2009: 2001, or any amendment thereto or conference (B) Outlays, $13,476,000,000. (A) New budget authority, ¥$5,316,000,000. report thereon, that sets forth a deficit for any Fiscal year 2001: (B) Outlays, ¥$5,889,000,000. fiscal year. (A) New budget authority, $11,916,000,000. (20) Undistributed Offsetting Receipts (950): (2) DEFICIT LEVELS.—For purposes of this (B) Outlays, $12,605,000,000. Fiscal year 2000: subsection— Fiscal year 2002: (A) New budget authority, ¥$34,275,000,000. (A) a deficit shall be the level (if any) set (A) New budget authority, $12,060,000,000. (B) Outlays, ¥$34,275,000,000. forth in the most recently agreed to concurrent (B) Outlays, $12,282,000,000. Fiscal year 2001: resolution on the budget for that fiscal year Fiscal year 2003: (A) New budget authority, ¥$36,881,000,000. pursuant to section 301(a)(3) of the Congres- (A) New budget authority, $12,083,000,000. (B) Outlays, ¥$36,881,000,000. sional Budget Act of 1974; and (B) Outlays, $12,150,000,000. Fiscal year 2002: (B) in setting forth the deficit level pursuant Fiscal year 2004: (A) New budget authority, ¥$43,654,000,000. to section 301(a)(3) of the Congressional Budget (B) Outlays, $43,654,000,000. (A) New budget authority, $12,099,000,000. ¥ Act of 1974, that level shall not include any ad- Fiscal year 2003: (B) Outlays, $12,186,000,000. justments in aggregates that would be made (A) New budget authority, $37,102,000,000. Fiscal year 2005: ¥ pursuant to any reserve fund that provides for (B) Outlays, $37,102,000,000. (A) New budget authority, $12,112,000,000. ¥ adjustments in allocations and aggregates for Fiscal year 2004: (B) Outlays, $11,906,000,000. legislation that enhances retirement security (A) New budget authority, ¥$37,329,000,000. Fiscal year 2006: through structural programmatic reform. (B) Outlays, ¥$37,329,000,000. (A) New budget authority, $12,134,000,000. (3) EXCEPTION.—Paragraph (1) shall not Fiscal year 2005: (B) Outlays, $11,839,000,000. apply if the deficit for a fiscal year results solely (A) New budget authority, ¥$38,465,000,000. Fiscal year 2007: from legislation enacted pursuant to section 202. (B) Outlays, ¥$38,465,000,000. (4) BUDGET COMMITTEE DETERMINATIONS.—For (A) New budget authority, $12,150,000,000. Fiscal year 2006: (B) Outlays, $11,873,000,000. purposes of this subsection, the levels of new (A) New budget authority, ¥$39,364,000,000. Fiscal year 2008: budget authority, outlays, direct spending, new (B) Outlays, ¥$39,364,000,000. entitlement authority, revenues, deficits, and (A) New budget authority, $12,169,000,000. Fiscal year 2007: (B) Outlays, $12,064,000,000. surpluses for a fiscal year shall be determined (A) New budget authority, ¥$40,856,000,000. on the basis of estimates made by the Committee Fiscal year 2009: (B) Outlays, $40,856,000,000. ¥ on the Budget of the House of Representatives (A) New budget authority, $12,178,000,000. Fiscal year 2008: (B) Outlays, $11,931,000,000. or the Senate, as applicable. (A) New budget authority, ¥$41,925,000,000. (18) Net Interest (900): SEC. 202. RESERVE FUND FOR RETIREMENT SE- (B) Outlays, ¥$41,925,000,000. CURITY. Fiscal year 2000: Fiscal year 2009: (A) New budget authority, $275,486,000,000. Whenever the Committee on Ways and Means (A) New budget authority, ¥$43,039,000,000. (B) Outlays, $275,486,000,000. of the House or the Committee on Finance of the (B) Outlays, ¥$43,039,000,000. Fiscal year 2001: Senate reports a bill, or an amendment thereto (A) New budget authority, $271,071,000,000. SEC. 104. RECONCILIATION OF REVENUE REDUC- is offered, or a conference report thereon is sub- TIONS IN THE SENATE. (B) Outlays, $271,071,000,000. mitted that enhances retirement security Fiscal year 2002: Not later than July 23, 1999, the Senate Com- through structural programmatic reform, the ap- (A) New budget authority, $267,482,000,000. mittee on Finance shall report to the Senate a propriate chairman of the Committee on the (B) Outlays, $267,482,000,000. reconciliation bill proposing changes in laws Budget may— Fiscal year 2003: within its jurisdiction necessary to reduce reve- (1) increase the appropriate allocations and (A) New budget authority, $265,200,000,000. nues by not more than $0 in fiscal year 2000, aggregates of new budget authority and outlays (B) Outlays, $265,200,000,000. $142,315,000,000 for the period of fiscal years by the amount of new budget authority provided Fiscal year 2004: 2000 through 2004, and $777,868,000 for the pe- by such measure (and outlays flowing there- (A) New budget authority, $263,498,000,000. riod of fiscal years 2000 through 2009. from) for that purpose; (B) Outlays, $263,498,000,000. SEC. 105. RECONCILIATION OF REVENUE REDUC- (2) in the Senate, adjust the levels used for de- Fiscal year 2005: TIONS IN THE HOUSE OF REP- termining compliance with the pay-as-you-go RESENTATIVES. (A) New budget authority, $261,143,000,000. requirements of section 207; and Not later than July 16, 1999, the Committee on (B) Outlays, $261,143,000,000. (3) reduce the revenue aggregates by the Ways and Means shall report to the House of Fiscal year 2006: amount of the revenue loss resulting from that Representatives a reconciliation bill proposing (A) New budget authority, $258,985,000,000. measure for that purpose. changes in laws within its jurisdiction necessary (B) Outlays, $258,985,000,000. SEC. 203. RESERVE FUND FOR MEDICARE. to reduce revenues by not more than $0 in fiscal Fiscal year 2007: (a) IN GENERAL.—Whenever the Committee on year 2000, $142,315,000,000 for the period of fiscal (A) New budget authority, $257,468,000,000. Ways and Means of the House or the Committee years 2000 through 2004, and $777,868,000,000 for (B) Outlays, $257,468,000,000. on Finance of the Senate reports a bill, or an the period of fiscal years 2000 through 2009. Fiscal year 2008: amendment thereto is offered (in the House), or (A) New budget authority, $255,085,000,000. TITLE II—BUDGETARY RESTRAINTS AND a conference report thereon is submitted that (B) Outlays, $255,085,000,000. RULEMAKING implements structural medicare reform and sig- Fiscal year 2009: SEC. 201. SAFE DEPOSIT BOX FOR SOCIAL SECU- nificantly extends the solvency of the Medicare (A) New budget authority, $252,968,000,000. RITY SURPLUSES. Hospital Insurance Trust Fund without the use (B) Outlays, $252,968,000,000. (a) FINDINGS.—Congress finds that— of transfers of new subsidies from the general (19) Allowances (920): (1) under the Budget Enforcement Act of 1990, fund, the appropriate chairman of the Com- Fiscal year 2000: the social security trust funds are off-budget for mittee on the Budget may change committee al- (A) New budget authority, ¥$9,833,000,000. purposes of the President’s budget submission locations and spending aggregates if such legis- (B) Outlays, ¥$10,794,000,000. and the concurrent resolution on the budget; lation will not cause an on-budget deficit for— H1940 CONGRESSIONAL RECORD — HOUSE April 13, 1999 (1) fiscal year 2000; graph (2), the committee report or the statement posit insurance guarantee commitment in effect (2) the period of fiscal years 2000 through of managers, as the case may be, shall provide on the date of enactment of the Budget Enforce- 2004; or a written justification of why the requirement ment Act of 1990. (3) the period of fiscal years 2005 through should be accorded emergency status. (5) BASELINE.—Estimates prepared pursuant 2009. (b) POINT OF ORDER.—When the Senate is to this section shall— (b) PRESCRIPTION DRUG BENEFIT.—The ad- considering a bill, resolution, amendment, mo- (A) use the baseline used for the most recently justments made pursuant to subsection (a) may tion, or conference report, a point of order may adopted concurrent resolution on the budget; be made to address the cost of the prescription be made by a Senator against an emergency des- and drug benefit. ignation in that measure and if the Presiding (B) be calculated under the requirements of SEC. 204. RESERVE FUND FOR AGRICULTURE. Officer sustains that point of order, that provi- subsections (b) through (d) of section 257 of the (a) ADJUSTMENT.— sion making such a designation shall be stricken Balanced Budget and Emergency Deficit Con- (1) IN GENERAL.—Whenever the Committee on from the measure and may not be offered as an trol Act of 1985 for fiscal years beyond those Agriculture of the House or the Committee on amendment from the floor. covered by that concurrent resolution on the Agriculture, Nutrition, and Forestry of the Sen- (c) WAIVER AND APPEAL.—This section may be budget. ate reports a bill, or an amendment thereto is of- waived or suspended in the Senate only by an (6) PRIOR SURPLUS.—If direct spending or rev- fered (in the House), or a conference report affirmative vote of three-fifths of the members, enue legislation increases the on-budget deficit thereon is submitted that provides risk manage- duly chosen and sworn. An affirmative vote of or causes an on-budget deficit when taken indi- ment or income assistance for agriculture pro- three-fifths of the Members of the Senate, duly vidually, then it must also increase the on-budg- ducers that complies with paragraph (2), the ap- chosen and sworn, shall be required in the Sen- et deficit or cause an on-budget deficit when propriate Chairman of the Committee on the ate to sustain an appeal of the ruling of the taken together with all direct spending and rev- Budget shall increase the allocation of budget Chair on a point of order raised under this sec- enue legislation enacted since the beginning of authority and outlays to that committee by the tion. the calendar year not accounted for in the base- (d) DEFINITION OF AN EMERGENCY REQUIRE- amount of budget authority (and the outlays re- line under paragraph (5)(A). MENT.—A provision shall be considered an emer- sulting therefrom) provided by that legislation (c) WAIVER.—This section may be waived or gency designation if it designates any item an for such purpose in accordance with subsection suspended in the Senate only by the affirmative emergency requirement pursuant to section (b). vote of three-fifths of the Members, duly chosen 251(b)(2)(A) or 252(e) of the Balanced Budget (2) CONDITION.—Legislation complies with this and sworn. and Emergency Deficit Control Act of 1985. paragraph if it does not cause a net increase in (d) APPEALS.—Appeals in the Senate from the (e) FORM OF THE POINT OF ORDER.—A point budget authority or outlays for fiscal year 2000 decisions of the Chair relating to any provision of order under this subsection may be raised by and does not cause a net increase in budget au- of this section shall be limited to 1 hour, to be a Senator as provided in section 313(e) of the thority that is greater than $2,000,000,000 for equally divided between, and controlled by, the Congressional Budget Act of 1974. appellant and the manager of the bill or joint any of fiscal years 2001 through 2004. (f) CONFERENCE REPORTS.—If a point of order resolution, as the case may be. An affirmative (b) LIMITATIONS.—The adjustments to the al- is sustained under this section against a con- vote of three-fifths of the Members of the Sen- locations required by subsection (a) shall not ference report the report shall be disposed of as ate, duly chosen and sworn, shall be required in exceed— provided in section 313(d) of the Congressional the Senate to sustain an appeal of the ruling of (1) $6,000,000,000 in budget authority (and the Budget Act of 1974. outlays resulting therefrom) for the period of (g) EXCEPTION FOR DEFENSE SPENDING.—Sub- the Chair on a point of order raised under this fiscal years 2000 through 2004; and section (b) shall not apply against an emergency section. (2) $6,000,000,000 in budget authority and out- designation for a provision making discretionary (e) DETERMINATION OF BUDGET LEVELS.—For lays for the period of fiscal years 2000 through appropriations in the defense category. purposes of this section, the levels of new budget 2009. (h) SUNSET.—This section shall expire on the authority, outlays, and revenues for a fiscal SEC. 205. TAX REDUCTION RESERVE FUND IN THE adoption of the concurrent resolution on the year shall be determined on the basis of esti- SENATE. budget for fiscal year 2001. mates made by the Committee on the Budget of In the Senate, the Chairman of the Committee SEC. 207. PAY-AS-YOU-GO POINT OF ORDER IN the Senate. on the Budget may reduce the spending and rev- THE SENATE. (f) CONFORMING AMENDMENT.—Section 202 of enue aggregates and may revise committee allo- (a) PURPOSE.—The Senate declares that it is House Concurrent Resolution 67 (104th Con- cations for legislation that reduces revenues if essential to— gress) is repealed. such legislation will not increase the deficit or (1) ensure continued compliance with the (g) SUNSET.—Subsections (a) through (e) of decrease the surplus for— balanced budget plan set forth in this resolu- this section shall expire September 30, 2002. (1) fiscal year 2000; tion; and SEC. 208. APPLICATION AND EFFECT OF CHANGES (2) the period of fiscal years 2000 through (2) continue the pay-as-you-go enforcement IN ALLOCATIONS AND AGGREGATES. 2004; or system. (a) APPLICATION.—Any adjustments of alloca- (3) the period of fiscal years 2000 through (b) POINT OF ORDER.— tions and aggregates made pursuant to this res- 2009. (1) IN GENERAL.—It shall not be in order in the olution for any measure shall— SEC. 206. EMERGENCY DESIGNATION POINT OF Senate to consider any direct spending or rev- (1) apply while that measure is under consid- ORDER IN THE SENATE. enue legislation that would increase the on- eration; (a) DESIGNATIONS.— budget deficit or cause an on-budget deficit for (2) take effect upon the enactment of that (1) GUIDANCE.—In making a designation of a any one of the three applicable time periods as measure; and provision of legislation as an emergency require- measured in paragraphs (5) and (6). (3) be published in the Congressional Record ment under section 251(b)(2)(A) or 252(e) of the (2) APPLICABLE TIME PERIODS.—For purposes as soon as practicable. of this subsection the term ‘‘applicable time pe- Balanced Budget and Emergency Deficit Con- (b) EFFECT OF CHANGED ALLOCATIONS AND AG- riod’’ means any one of the three following peri- trol Act of 1985, the committee report and any GREGATES.—Revised allocations and aggregates statement of managers accompanying that legis- ods: resulting from these adjustments shall be consid- (A) The first year covered by the most recently lation shall analyze whether a proposed emer- ered for the purposes of the Congressional adopted concurrent resolution on the budget. gency requirement meets all the criteria in para- (B) The period of the first five fiscal years Budget Act of 1974 as allocations and aggregates graph (2). covered by the most recently adopted concurrent contained in this resolution. RITERIA NFORCEMENT IN THE HOUSE.—In the (2) C .— resolution on the budget. (c) E (A) IN GENERAL.—The criteria to be considered (C) The period of the five fiscal years fol- House, for the purpose of enforcing this resolu- in determining whether a proposed expenditure lowing the first five fiscal years covered in the tion, sections 302(f) and 311(a) of the Congres- or tax change is an emergency requirement are most recently adopted concurrent resolution on sional Budget Act of 1974 shall apply to fiscal whether it is— the budget. year 2000 and the total for fiscal year 2000 and (i) necessary, essential, or vital (not merely (3) DIRECT-SPENDING LEGISLATION.—For pur- the 4 ensuing fiscal years. useful or beneficial); poses of this subsection and except as provided SEC. 209. ESTABLISHMENT OF LEVELS FOR FIS- (ii) sudden, quickly coming into being, and in paragraph (4), the term ‘‘direct-spending leg- CAL YEAR 1999. not building up over time; islation’’ means any bill, joint resolution, The levels submitted pursuant to H. Res. 5 of (iii) an urgent, pressing, and compelling need amendment, motion, or conference report that the 106th Congress or S. Res. 312 of the 105th requiring immediate action; affects direct spending as that term is defined by Congress, and any revisions authorized by such (iv) subject to subparagraph (B), unforeseen, and interpreted for purposes of the Balanced resolutions, shall be considered to be the levels unpredictable, and unanticipated; and Budget and Emergency Deficit Control Act of and revisions of the concurrent resolution on (v) not permanent, temporary in nature. 1985. the budget for fiscal year 1999. (B) UNFORESEEN.—An emergency that is part (4) EXCLUSION.—For purposes of this sub- SEC. 210. DEFICIT-NEUTRAL RESERVE FUND TO of an aggregate level of anticipated emergencies, section, the terms ‘‘direct-spending legislation’’ FOSTER THE EMPLOYMENT AND particularly when normally estimated in ad- and ‘‘revenue legislation’’ do not include— INDEPENDENCE OF INDIVIDUALS vance, is not unforeseen. (A) any concurrent resolution on the budget; WITH DISABILITIES IN THE SENATE. (3) JUSTIFICATION FOR FAILURE TO MEET CRI- or (a) IN GENERAL.—In the Senate, revenue and TERIA.—If the proposed emergency requirement (B) any provision of legislation that affects spending aggregates and other appropriate does not meet all the criteria set forth in para- the full funding of, and continuation of, the de- budgetary levels and limits may be adjusted and April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1941 allocations may be revised for legislation that fi- fiscal years 2000 through 2004 and 2000 through cial security reform, retirement security, or the nances disability programs designed to allow in- 2009. reduction of the Federal debt held by the public; dividuals with disabilities to become employed SEC. 213. EXERCISE OF RULEMAKING POWERS. (4) ensures that all social security benefits are and remain independent if, to the extent that Congress adopts the provisions of this title— paid on time; and this concurrent resolution on the budget does (1) as an exercise of the rulemaking power of (5) accommodates social security reform legis- not include the costs of that legislation, the en- the Senate and the House of Representatives, re- lation. actment of that legislation will not increase the spectively, and as such they shall be considered SEC. 302. SENSE OF CONGRESS ON PROVIDING deficit or decrease the surplus in this resolution as part of the rules of each House, or of that ADDITIONAL DOLLARS TO THE CLASSROOM. for— House to which they specifically apply, and (a) FINDINGS.—Congress finds that— (1) fiscal year 2000; such rules shall supersede other rules only to (1) strengthening America’s public schools (2) the period of fiscal years 2000 through the extent that they are inconsistent therewith; while respecting State and local control is criti- 2004; or and cally important to the future of our children (3) the period of fiscal years 2005 through (2) with full recognition of the constitutional and our Nation; 2009. right of either House to change those rules (so (2) education is a local responsibility, a State (b) REVISED ALLOCATIONS.— far as they relate to that House) at any time, in priority, and a national concern; (1) ADJUSTMENTS FOR LEGISLATION.—Upon the the same manner, and to the same extent as in (3) working with the Nation’s governors, par- consideration of legislation pursuant to sub- the case of any other rule of that House. ents, teachers, and principals must take place in section (a), the Chairman of the Committee on TITLE III—SENSE OF CONGRESS, HOUSE, order to strengthen public schools and foster the Budget of the Senate may file with the Sen- AND SENATE PROVISIONS educational excellence; ate appropriately-revised allocations under sec- (4) education initiatives should boost aca- Subtitle A—Sense of Congress Provisions tion 302(a) of the Congressional Budget Act of demic achievement for all students; and excel- 1974 and revised functional levels and aggre- SEC. 301. SENSE OF CONGRESS ON THE PROTEC- lence in American classrooms means having gates to carry out this section. TION OF THE SOCIAL SECURITY SUR- high expectations for all students, teachers, and PLUSES. (2) ADJUSTMENTS FOR AMENDMENTS.—If the administrators, and holding schools accountable chairman of the Committee on the Budget of the (a) FINDINGS.—Congress finds that— to the children and parents served by such (1) Congress and the President should balance Senate submits an adjustment under this section schools; the budget excluding the surpluses generated by for legislation in furtherance of the purpose de- (5) successful schools and school systems are the social security trust funds; scribed in subsection (a), upon the offering of characterized by parental involvement in the (2) reducing the Federal debt held by the pub- an amendment to that legislation that would ne- education of their children, local control, em- lic is a top national priority, strongly supported cessitate such submission, the Chairman shall phasis on basic academics, emphasis on funda- on a bipartisan basis, as evidenced by Federal submit to the Senate appropriately-revised allo- mental skills and exceptional teachers in the Reserve Chairman Alan Greenspan’s comment cations under section 302(a) of the Congres- classroom; that debt reduction ‘‘is a very important element sional Budget Act of 1974 and revised functional (6) the one-size-fits-all approach to education in sustaining economic growth’’, as well as levels and aggregates to carry out this section. often creates barriers to innovation and reform President Clinton’s comments that it ‘‘is very, initiatives at the local level; America’s rural SEC. 211. RESERVE FUND FOR A FISCAL YEAR 2000 very important that we get the Government debt SURPLUS. schools face challenges quite different from their down’’ when referencing his own plans to use urban counterparts; and parents, teachers and (a) CONGRESSIONAL BUDGET OFFICE UPDATED the budget surplus to reduce Federal debt held State and local officials should have the free- BUDGET FORECAST FOR FISCAL YEAR 2000.—Pur- by the public; dom to tailor their education plans and reforms suant to section 202(e)(2) of the Congressional (3) according to the Congressional Budget Of- according to the unique educational needs of Budget Act of 1974, the Congressional Budget fice, balancing the budget excluding the sur- their children; Office shall update its economic and budget pluses generated by the social security trust (7) the consolidation of various Federal edu- forecast for fiscal year 2000 by July 1, 1999. funds will reduce debt held by the public by a cation programs will benefit our Nation’s chil- (b) REPORTING A SURPLUS.—If the report pro- total of $1,723,000,000,000 by the end of fiscal dren, parents, and teachers by sending more vided pursuant to subsection (a) estimates an year 2009, $417,000,000,000, or 32 percent, more dollars directly to the classroom; and on-budget surplus for fiscal year 2000, the ap- than it would be reduced under the President’s (8) our Nation’s children deserve an edu- propriate Chairman of the Committee on the fiscal year 2000 budget submission; cational system that will provide opportunities Budget may make the adjustments as provided (4) further, according to the Congressional to excel. in subsection (c). Budget Office, that the President’s budget (b) SENSE OF CONGRESS.—It is the sense of (c) ADJUSTMENTS.—The appropriate Chairman would actually spend $40,000,000,000 of the so- Congress that— of the Committee on the Budget may make the cial security surpluses in fiscal year 2000 on new (1) Congress should enact legislation that following adjustments in an amount equal to spending programs, and spend $158,000,000,000 would consolidate thirty-one Federal K–12 edu- the on-budget surplus for fiscal year 2000 as es- of the social security surpluses on new spending cation programs; timated in the report submitted pursuant to sub- programs from fiscal year 2000 through 2004; (2) the Department of Education, the States, section (a)— and and local educational agencies should work to- (1) reduce the on-budget revenue aggregate by (5) social security surpluses should be used for gether to ensure that not less than 95 percent of that amount for fiscal year 2000; social security reform, retirement security, or to all funds appropriated for the purpose of car- (2) increase the on-budget surplus levels used reduce the debt held by the public and should rying out elementary and secondary education programs administered by the Department of for determining compliance with the pay-as- not be used for other purposes. Education is spent for our children in their you-go requirements of section 207; and (b) SENSE OF CONGRESS.—It is the sense of (3) adjust the instruction in sections 104 and Congress that the functional totals in this con- classrooms; (3) increased funding for elementary and sec- 105 of this resolution to— current resolution on the budget assume that ondary education should be directed to States (A) reduce revenues by that amount for fiscal Congress shall pass legislation which— year 2000; and and local school districts; and (1) reaffirms the provisions of section 13301 of (4) decision making authority should be (B) increase the reduction in revenues for the the Omnibus Budget Reconciliation Act of 1990 period of fiscal years 2000 through 2004 and for placed in the hands of States, localities, and that provides that the receipts and disburse- families to implement innovative solutions to the period of fiscal years 2000 through 2009 by ments of the social security trust funds shall not that amount. local educational challenges and to increase the be counted for the purposes of the budget sub- performance of all students, unencumbered by SEC. 212. RESERVE FUND FOR EDUCATION IN THE mitted by the President, the congressional budg- unnecessary Federal rules and regulations. SENATE. et, or the Balanced Budget and Emergency Def- SEC. 303. SENSE OF CONGRESS ON ASSET-BUILD- (a) IN GENERAL.—In the Senate, upon report- icit Control Act of 1985, and provides for a point ING FOR THE WORKING POOR. ing of a bill, the offering of an amendment of order within the Senate against any concur- (a) FINDINGS.—Congress finds the following: thereto, or the submission of a conference report rent resolution on the budget, an amendment (1) 33 percent of all American households and thereon that allows local educational agencies thereto, or a conference report thereon that vio- 60 percent of African American households have to use appropriated funds to carry out activities lates that section; no or negative financial assets. under part B of the Individuals with Disabilities (2) mandates that the social security surpluses (2) 46.9 percent of all children in America live Education Act that complies with subsection (b), are used only for the payment of social security in households with no financial assets, includ- the Chairman of the Committee on the Budget of benefits, retirement security, social security re- ing 40 percent of Caucasian children and 75 per- the Senate may— form, or to reduce the Federal debt held by the cent of African American children. (1) increase the outlay aggregate and alloca- public and such mandate shall be implemented (3) In order to provide low-income families tion for fiscal year 2000 by not more than by establishing a supermajority point of order in with more tools for empowerment, incentives $360,000,000; and the Senate against limits established on the level which encourage asset-building should be estab- (2) adjust the levels used for determining com- of debt held by the public; lished. pliance with the pay-as-you-go requirements of (3) provides for a Senate super-majority point (4) Across the Nation, numerous small public, section 207. of order against any bill, resolution, amend- private, and public-private asset-building incen- (b) CONDITION.—Legislation complies with this ment, motion or conference report that would tives, including individual development ac- subsection if it does not cause a net increase in use social security surpluses on anything other counts, are demonstrating success at empow- budget authority or outlays for the periods of than the payment of social security benefits, so- ering low-income workers. H1942 CONGRESSIONAL RECORD — HOUSE April 13, 1999 (5) Middle and upper income Americans cur- lished in the Universal Declaration of Human (1) The health insurance coverage provided rently benefit from tax incentives for building Rights, the International Covenant on Civil and under the medicare program under title XVIII of assets. Political Rights, the Helsinki Accords, and the the Social Security Act (42 U.S.C. 1395 et seq.) is (6) The Federal Government should utilize the Declaration on the Elimination of all Forms of an integral part of the financial security for re- Federal tax code to provide low-income Ameri- Intolerance and Discrimination Based on Reli- tired and disabled individuals, as such coverage cans with incentives to work and build assets in gion or Belief; protects those individuals against the finan- order to escape poverty permanently. (3) such persecution is abhorrent to all Ameri- cially ruinous costs of a major illness. (b) SENSE OF CONGRESS.—It is the sense of cans, and our very Nation was founded on the (2) Expenditures under the medicare program Congress that the provisions of this resolution principle of the freedom to worship according to for hospital, physician, and other essential assume that Congress should modify the Federal the dictates of our conscience; and health care services that are provided to nearly tax law to include provisions which encourage (4) in 1998 Congress unanimously passed, and 39,000,000 retired and disabled individuals will low-income workers and their families to save President Clinton signed into law, the Inter- be $232,000,000,000 in fiscal year 2000. for buying a first home, starting a business, ob- national Religious Freedom Act of 1998, which (3) During the nearly 35 years since the medi- taining an education, or taking other measures established the United States Commission on care program was established, the Nation’s to prepare for the future. International Religious Freedom to monitor health care delivery and financing system has SEC. 304. SENSE OF CONGRESS ON CHILD NUTRI- facts and circumstances of violations of religious undergone major transformations. However, the TION. freedom and authorized $3,000,000 to carry out medicare program has not kept pace with such (a) FINDINGS.—Congress finds that— the functions of the Commission for each of fis- transformations. (1) both Republicans and Democrats under- cal years 1999 and 2000. (4) Former Congressional Budget Office Direc- stand that an adequate diet and proper nutri- (b) SENSE OF THE HOUSE.—It is the sense of tor Robert Reischauer has described the medi- tion are essential to a child’s general well-being; the House that— care program as it exists today as failing on the (1) this resolution assumes that $3,000,000 will (2) the lack of an adequate diet and proper following 4 key dimensions (known as the ‘‘Four be appropriated within function 150 for fiscal nutrition may adversely affect a child’s ability I’s’’): year 2000 for the United States Commission on to perform up to his or her ability in school; (A) The program is inefficient. (3) the Government currently plays a role in International Religious Freedom to carry out its (B) The program is inequitable. funding school nutrition programs; and duties; and (C) The program is inadequate. (4) there is a bipartisan commitment to help- (2) the House Committee on Appropriations is (D) The program is insolvent. ing children learn. strongly urged to appropriate such amount for (5) The President’s budget framework does not the Commission. (b) SENSE OF CONGRESS.—It is the sense of devote 15 percent of the budget surpluses to the Congress that in the House the Committee on SEC. 312. SENSE OF THE HOUSE ON ASSESSMENT medicare program. The Federal budget process OF WELFARE-TO-WORK PROGRAMS. Education and the Workforce and the Com- does not provide a mechanism for setting aside (a) IN GENERAL.—It is the sense of the House mittee on Agriculture and in the Senate the current surpluses for future obligations. As a re- that, recognizing the need to maximize the ben- Committee on Agriculture, Nutrition, and For- sult, the notion of saving 15 percent of the sur- efit of the Welfare-to-Work Program, the Sec- estry should examine our Nation’s nutrition pro- plus for the medicare program cannot prac- retary of Labor should prepare a report on Wel- grams to determine if they can be improved, par- tically be carried out. fare-to-Work Programs pursuant to section ticularly with respect to services to low-income (6) The President’s budget framework would 403(a)(5) of the Social Security Act. This report children. transfer to the Federal Hospital Insurance Trust should include information on the following— SEC. 305. SENSE OF CONGRESS CONCERNING (1) the extent to which the funds available Fund more than $900,000,000,000 over 15 years in FUNDING FOR SPECIAL EDUCATION. under such section have been used (including new IOUs that must be redeemed later by rais- (a) FINDINGS.—Congress makes the following the number of States that have not used any of ing taxes on American workers, cutting benefits, findings: such funds), the types of programs that have re- or borrowing more from the public, and these (1) In the Individuals with Disabilities Edu- ceived such funds, the number of and character- new IOUs would increase the gross debt of the cation Act (20 U.S.C. 1400 et seq.) (referred to in istics of the recipients of assistance under such Federal Government by the amounts trans- this resolution as the ‘‘Act’’), Congress found programs, the goals of such programs, the dura- ferred. that improving educational results for children tion of such programs, the costs of such pro- (7) The Congressional Budget Office has stat- with disabilities is an essential element of our grams, any evidence of the effects of such pro- ed that the transfers described in paragraph (6), national policy of ensuring equality of oppor- grams on such recipients, and accounting of the which are strictly intragovernmental, have no tunity, full participation, independent living, total amount expended by the States from such effect on the unified budget surpluses or the on- and economic self-sufficiency for individuals funds, and the rate at which the Secretary ex- budget surpluses and therefore have no effect on with disabilities. pects such funds to be expended for each of the the debt held by the public. (2) In the Act, the Secretary of Education is fiscal years 2000, 2001, and 2002; (8) The President’s budget framework does not instructed to make grants to States to assist (2) with regard to the unused funds allocated provide access to, or financing for, prescription them in providing special education and related for Welfare-to-Work for each of fiscal years 1998 drugs. services to children with disabilities. and 1999, identify areas of the Nation that have (9) The Comptroller General of the United (3) The Act represents a commitment by the unmet needs for Welfare-to-Work initiatives; States has stated that the President’s medicare Federal Government to fund 40 percent of the and proposal does not constitute reform of the pro- average per-pupil expenditure in public elemen- (3) identify possible Congressional action that gram and ‘‘is likely to create a public tary and secondary schools in the United States. may be taken to reprogram Welfare-to-Work misperception that something meaningful is (4) The budget submitted by the President for funds from States that have not utilized pre- being done to reform the medicare program’’. fiscal year 2000 ignores the commitment by the viously allocated funds to places of unmet need, (10) The Balanced Budget Act of 1997 enacted Federal Government under the Act to fund spe- including those States that have rejected or oth- changes to the medicare program which cial education and instead proposes the creation erwise not utilized prior funding. strengthen and extend the solvency of that pro- of new programs that limit the manner in which (b) REPORT.—It is the sense of the House that, gram. States may spend the limited Federal education not later than January 1, 2000, the Secretary of (11) The Congressional Budget Office has stat- dollars received. Labor should submit to the Committee on the ed that without the changes made to the medi- (5) The budget submitted by the President for Budget and the Committee on Ways and Means care program by the Balanced Budget Act of fiscal year 2000 fails to increase funding for spe- of the House and the Committee on Finance of 1997, the depletion of the Federal Hospital In- cial education, and leaves States and localities the Senate, in writing, the report described in surance Trust Fund would now be imminent. with an enormous unfunded mandate to pay for subsection (a). (12) The President’s budget proposes to cut growing special education costs. medicare program spending by $19,400,000,000 Subtitle C—Sense of the Senate Provisions (b) SENSE OF CONGRESS.—It is the sense of over 10 years, primarily through reductions in Congress that the budgetary levels in this reso- SEC. 321. SENSE OF THE SENATE THAT THE FED- payments to providers under that program. ERAL GOVERNMENT SHOULD NOT lution assume that part B of the Individuals (13) The recommendations by Senator John with Disabilities Act (20 U.S.C. 1400 et seq.) INVEST THE SOCIAL SECURITY TRUST FUNDS IN PRIVATE FINAN- Breaux and Representative William Thomas re- should be fully funded at the originally prom- CIAL MARKETS. ceived the bipartisan support of a majority of ised level before any funds are appropriated for It is the sense of the Senate that the assump- members on the National Bipartisan Commission new education programs. tions underlying the functional totals in this on the Future of Medicare. Subtitle B—Sense of the House Provisions resolution assume that the Federal Government (14) The Breaux-Thomas recommendations SEC. 311. SENSE OF THE HOUSE ON THE COMMIS- should not directly invest contributions made to provide for new prescription drug coverage for SION ON INTERNATIONAL RELI- the Federal Old-Age and Survivors Insurance the neediest beneficiaries within a plan that GIOUS FREEDOM. Trust Fund and the Federal Disability Insur- substantially improves the solvency of the medi- (a) FINDINGS.—The House finds that— ance Trust Fund established under section 201 care program without transferring new IOUs to (1) persecution of individuals on the sole of the Social Security Act (42 U.S.C. 401) in pri- the Federal Hospital Insurance Trust Fund that ground of their religious beliefs and practices vate financial markets. must be redeemed later by raising taxes, cutting occurs in countries around the world and af- SEC. 322. SENSE OF THE SENATE REGARDING THE benefits, or borrowing more from the public. fects millions of lives; MODERNIZATION AND IMPROVE- (b) SENSE OF THE SENATE.—It is the sense of (2) such persecution violates international MENT OF THE MEDICARE PROGRAM. the Senate that the provisions contained in this norms of human rights, including those estab- (a) FINDINGS.—The Senate finds the following: budget resolution assume the following: April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1943 (1) This resolution does not adopt the Presi- SEC. 324. SENSE OF THE SENATE ON PROVIDING SEC. 328. SENSE OF THE SENATE ON INCREASED dent’s proposals to reduce medicare program TAX RELIEF TO AMERICANS BY RE- FUNDING FOR THE NATIONAL INSTI- spending by $19,400,000,000 over 10 years, nor TURNING THE NON-SOCIAL SECU- TUTES OF HEALTH. does this resolution adopt the President’s pro- RITY SURPLUS TO TAXPAYERS. It is the sense of the Senate that the levels in posal to spend $10,000,000,000 of medicare pro- It is the sense of the Senate that— this resolution and legislation enacted pursuant (1) the levels in this concurrent resolution as- gram funds on unrelated programs. to this resolution assume that— (2) Congress will not transfer to the Federal sume that the Senate not only puts a priority on (1) there shall be a continuation of the pat- Hospital Insurance Trust Fund new IOUs that protecting social security and medicare and re- tern of budgetary increases for biomedical re- must be redeemed later by raising taxes on ducing the Federal debt, but also on tax reduc- search; and American workers, cutting benefits, or bor- tions for working families in the form of family (2) additional resources should be targeted to- rowing more from the public. tax relief and incentives to stimulate savings, wards autism research. (3) Congress should work in a bipartisan fash- investment, job creation and economic growth; SEC. 329. SENSE OF THE SENATE ON FUNDING ion to extend the solvency of the medicare pro- (2) such tax relief could include an expansion FOR KYOTO PROTOCOL IMPLEMEN- of the 15-percent bracket, marginal rate reduc- TATION PRIOR TO SENATE RATIFICA- gram and to ensure that benefits under that TION. program will be available to beneficiaries in the tions, a significant reduction or elimination of the marriage penalty, retirement savings incen- It is the sense of Senate that the levels in this future. resolution assume that funds should not be pro- (4) The American public will be well and fair- tives, estate tax relief, an above-the-line income vided to put into effect the Kyoto Protocol prior ly served in this undertaking if the medicare tax deduction for social security payroll taxes, to its Senate ratification in compliance with the program reform proposals are considered within tax incentives for education savings, parity be- requirements of the Byrd-Hagel Resolution and a framework that is based on the following 5 tween the self-employed and corporations with consistent with previous Administration assur- key principles offered in testimony to the Senate respect to the tax treatment of health insurance ances to Congress. Committee on Finance by the Comptroller Gen- premiums, and capital gains tax fairness for eral of the United States: family farmers; SEC. 330. SENSE OF THE SENATE ON TEA–21 FUNDING AND THE STATES. (A) Affordability. (3) the Internal Revenue Code of 1986 needs (B) Equity. comprehensive reform, and Congress should It is the sense of the Senate that the levels in (C) Adequacy. move expeditiously to consider comprehensive this resolution and any legislation enacted pur- (D) Feasibility. tax reform and simplification proposals; and suant to this resolution assume that the Presi- (E) Public acceptance. (4) Congress should reject the President’s pro- dent’s fiscal year 2000 budget proposal to (5) The recommendations by Senator Breaux posed tax increase on investment income of asso- change the manner in which any excess Federal and Congressman Thomas provide for new pre- ciations as defined under section 501(c)(6) of the gasoline tax revenues are distributed to the scription drug coverage for the neediest bene- Internal Revenue Code of 1986. States will not be implemented, but rather any ficiaries within a plan that substantially im- SEC. 325. SENSE OF THE SENATE ON ACCESS TO of these funds will be distributed to the States proves the solvency of the medicare program MEDICARE SERVICES. pursuant to section 1105 of TEA–21. without transferring to the Federal Hospital In- It is the sense of the Senate that the levels in SEC. 331. SENSE OF THE SENATE THAT THE ONE surance Trust Fund new IOUs that must be re- this resolution assume Congress should review HUNDRED SIXTH CONGRESS, FIRST deemed later by raising taxes, cutting benefits, payment levels in the medicare program to en- SESSION SHOULD REAUTHORIZE sure beneficiaries have a range of choices avail- FUNDS FOR THE FARMLAND PRO- or borrowing more from the public. TECTION PROGRAM. able under the Medicare+Choice program and (6) Congress should move expeditiously to con- It is the sense of the Senate that the func- have access to high quality skilled nursing serv- sider the bipartisan recommendations of the tional totals contained in this resolution assume ices, home health care services, and inpatient Chairmen of the National Bipartisan Commis- that the One Hundred Sixth Congress, First Ses- and outpatient hospital services in rural areas. sion on the Future of Medicare. sion will reauthorize funds for the Farmland (7) Congress should continue to work with the SEC. 326. SENSE OF THE SENATE ON LAW EN- Protection Program. President as he develops and presents his plan FORCEMENT. to fix the problems of the medicare program. It is the sense of the Senate that the levels in SEC. 332. SENSE OF THE SENATE ON THE IMPOR- TANCE OF SOCIAL SECURITY FOR IN- SEC. 323. SENSE OF THE SENATE ON EDUCATION. this resolution assume that— DIVIDUALS WHO BECOME DISABLED. It is the sense of the Senate that— (1) significant resources should be provided It is the sense of the Senate that levels in the (1) the levels in this resolution assume that— for strong law enforcement and aggressive resolution assume that— (A) increased Federal funding for elementary crimefighting programs and that funding in fis- (1) social security plays a vital role in pro- and secondary education should be directed to cal year 2000 for critical programs should be viding adequate income for individuals who be- States and local school districts; equal to or greater than funding for these pro- come disabled; and (B) the Individuals with Disabilities Edu- grams in 1999; (2) Congress and the President should take cation Act (20 U.S.C. 1400 et seq.) should be (2) critical programs include— this fact into account when considering pro- fully funded at the originally promised level be- (A) State and local law enforcement assist- posals to reform the social security program. ance, especially with respect to the development fore any funds are appropriated for new edu- SEC. 333. SENSE OF THE SENATE ON REPORTING cation programs; and integration of anticrime technology systems OF ON-BUDGET TRUST FUND LEV- (C) decisionmaking authority should be placed and upgrading forensic laboratories and the in- ELS. in the hands of States, localities, and families to formation and communications infrastructures It is the sense of the Senate that the levels in implement innovative solutions to local edu- upon which they rely; this resolution assume, effective for fiscal year cation challenges and to increase the perform- (B) continuing efforts to reduce violent crime; 2001, the President’s budget and the budget re- ance of all students, unencumbered by unneces- and port of CBO required under section 202(e) of the sary Federal rules and regulations; and (C) significant expansion of intensive Federal Congressional Budget Act of 1974 should include (D) the Department of Education, the States, firearms prosecutions projects such as the ongo- an itemization of the on-budget trust funds for and local education agencies should work to- ing programs in Richmond and Philadelphia the budget year, including receipts, outlays, and gether to ensure that not less than 95 percent of into America’s most crime plagued cities; and balances. all funds appropriated for the purpose of car- (3) the existence of a strong Federal drug con- SEC. 334. SENSE OF THE SENATE REGARDING rying out elementary and secondary education trol policy is essential in order to reduce the SOUTH KOREA’S INTERNATIONAL programs administered by the Department of supplies of illegal drugs internationally and to TRADE PRACTICES ON PORK AND Education is spent for our children in their reduce the number of children who are exposed BEEF. classrooms; and to or addicted to illegal drugs and this can be It is the sense of the Senate that the Senate— (2) within the discretionary allocation pro- furthered by— (1) believes strongly that while a stable global vided to the Committees on Appropriations of (A) investments in programs authorized in the marketplace is in the best interest of America’s the House and Senate for function 500 that to Western Hemisphere Drug Elimination Act and farmers and ranchers, the United States should the maximum extent practicable— the proposed Drug Free Century Act; and seek a mutually beneficial relationship without (A) the Federal Pell Grant maximum award (B) securing adequate resources and authority hindering the competitiveness of American agri- should be increased; for the United States Customs Service in any culture; (B) funding for the Federal Supplemental legislation reauthorizing the Service. (2) calls on South Korea to abide by its trade Education Opportunity Grants Program should SEC. 327. SENSE OF THE SENATE ON IMPROVING commitments; be increased; SECURITY FOR UNITED STATES DIP- (3) calls on the Secretary of the Treasury to (C) funding for the Federal capital contribu- LOMATIC MISSIONS. instruct the United States Executive Director of tions under the Federal Perkins Loan Program It is the sense of the Senate that the levels in the International Monetary Fund to promote should be increased; this resolution assume that— vigorously policies that encourage the opening (D) funding for the Leveraging Educational (1) there is an urgent and ongoing require- of markets for beef and pork products by requir- Assistance Partnership Program should be in- ment to improve security for United States diplo- ing South Korea to abide by its existing inter- creased; matic missions and personnel abroad; and national trade commitments and to reduce trade (E) funding for the Federal Work-Study Pro- (2) additional budgetary resources should be barriers, tariffs, and export subsidies; gram should be increased; and devoted to programs within function 150 to en- (4) calls on the President and the Secretaries (F) funding for the Federal TRIO Programs able successful international leadership by the of Treasury and Agriculture to monitor and re- should be increased. United States. port to Congress that resources will not be used H1944 CONGRESSIONAL RECORD — HOUSE April 13, 1999 to stabilize the South Korean market at the ex- SAXBY CHAMBLISS, amendment which is a substitute for the pense of United States agricultural goods or CHRISTOPHER SHAYS, House resolution and the Senate amend- services; and Managers on the Part of the House. ment. (5) requests the United States Trade Rep- PETE V. DOMENICI, resentative and the United States Department of DISPLAYS AND AMOUNTS CHUCK GRASSLEY, Agriculture to pursue the settlement of disputes DON NICKLES, The contents of concurrent budget resolu- with the Government of South Korea on its fail- PHIL GRAMM, tions are set forth in section 301(a) of the ure to abide by its international trade commit- SLADE GORTON, Congressional Budget Act of 1974. ments on beef market access, to consider wheth- Managers on the Part of the Senate. er Korea’s reported plans for subsidizing its House Resolution.—The House budget reso- pork industry would violate any of its inter- JOINT EXPLANATORY STATEMENT OF lution includes all of the items required as national trade commitments, and to determine THE COMMITTEE OF CONFERENCE part of a concurrent budget resolution under what impact Korea’s subsidy plans would have The managers on the part of the Senate section 301(a) of the Congressional Budget on United States agricultural interests, espe- and the House at the conference on dis- Act other than the spending and revenue lev- cially in Japan. agreeing votes of the two Houses on the els for Social Security (which is used to en- SEC. 335. SENSE OF THE SENATE ON FUNDING amendment of the Senate to the concurrent force a point of order applicable only in the FOR NATURAL DISASTERS. resolution (House Concurrent Resolution 68), Senate). It is the sense of the Senate that the levels in setting forth the congressional budget for Senate Amendment.—The Senate amend- this resolution assume that, given that emer- the United States for fiscal years 2000, 2001, ment includes all of the items required under gency spending for natural disasters continues 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009, section 301(a) of the Congressional Budget to have an unpredictable yet substantial impact submit the following joint statement to the Act. As permitted under section 301(b) of the on the Federal budget and that consequently House and the Senate in explanation of the Congressional Budget Act, Section 102 of the budgeting for disasters remains difficult, the Ad- effect of the action agreed upon by the man- Senate amendment includes advisory levels ministration and Congress should review proce- agers and recommend in the accompanying on debt held by the public. dures for funding emergencies, including nat- conference report: Conference Agreement.—The Conference ural disasters, in any budget process reform leg- The Senate amendment struck all out of Agreement includes all of the items required islation that comes before the Congress. the House resolution after the resolving And the Senate agree to the same. by section 301(a) of the Congressional Budget clause and inserted a substitute text. Act. From the Committee on the Budget: The House recedes from its disagreement JOHN R. KASICH, to the amendment of the Senate with an AGGREGATES AND FUNCTION LEVELS April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1945 H1946 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1947 H1948 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1949 H1950 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1951 H1952 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1953 H1954 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1955 H1956 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1957

ECONOMIC ASSUMPTIONS 1999, excluding emergencies and other one- BA and ¥$7.5 billion in outlays over 5 fiscal Section 301(g)(2) of the Congressional time spending increases including contribu- years; and ¥$3.6 billion in BA and $14.1 bil- Budget Act requires that the joint explana- tions to the International Monetary Fund lion in outlays over 10 fiscal years. tory statement accompanying a conference and arrears to international organizations. Conference Agreement.—The Conference report on a budget resolution set forth the This function includes funding for operation Agreement sets forth $49 million in BA and common economic assumptions upon which of the foreign affairs establishment includ- ¥$0.7 billion in outlays in fiscal year 2000; the joint statement and conference report ing embassies and other diplomatic missions ¥$2.0 billion in BA and ¥$7.5 billion in out- are based. The conference agreement is built abroad, foreign aid loan and technical assist- lays over 5 fiscal years; and ¥$3.6 billion in upon the economic forecasts developed by ance activities in developing countries, secu- BA and $14.1 billion in outlays over 10 fiscal the Congressional Budget Office and pre- rity assistance to foreign governments, ac- years. sented in CBO’s ‘‘The Economic and Budget tivities of the Foreign Military Sales Trust FUNCTION 300: NATURAL RESOURCES AND Outlook: Fiscal Years 2000–2009’’ (January Fund, U.S. contributions to international fi- ENVIRONMENT 1999). A modification was made to near-term nancial institutions, Export-Import Bank Major Programs in Function.—function 300, real GDP growth, however, to reflect recent and other trade promotion activities, and Natural Resources and Environment, totals economic strength. refugee assistance. about $23.9 billion in BA and $23.3 billion in House Resolution.—The House modified House Resolution.—The House resolution outlays for 1999, excluding emergency and CBO’s economic assumptions to reflect the sets forth $11.2 billion in BA and $14.5 billion other one-time spending items. This function near-term strength of economy which be- in outlays in fiscal year 2000; $56.7 billion in includes funding for water resources, con- came evident after CBO completed its winter BA and $70.8 billion in outlays over 5 fiscal servation and land management, recreation forecast. The assumption for 1999 real GDP years; and $126.1 billion in BA and $133.0 bil- resources, and pollution control and abate- growth was increased from 2.3 percent to 2.4 lion in outlays over 10 fiscal years. ment. Agencies with major program activi- percent, while the assumption for 2000 real Senate Amendment.—The Senate amend- ties within the function include the Environ- GDP growth was boosted from 1.7 percent to ment sets forth $12.5 billion in BA and $14.9 mental Protection Agency (EPA), the Army 2.0 percent. In both cases, the modified GDP billion in outlays in fiscal year 2000; $65.3 bil- Corps of Engineers, the National Oceanic and growth rate assumptions are well below Blue lion in BA and $73.5 billion in outlays over 5 Atmospheric Administration (NOAA), the Chip’s current forecasts. These changes fiscal years; and $139.7 billion in BA and Forest Service (within the Department of boosted revenues slightly relative to the $140.4 billion in outlays over 10 fiscal years. Agriculture), and the Department of the In- CBO baseline in 1999, 2000 and 2001. Conference Agreement.—The Conference terior, including the National Park Service, Senate Amendment.—CBO’s economic as- Agreement sets forth $12.5 billion in BA and the Fish and Wildlife Service, the U.S. Geo- sumptions were used. $14.9 billion in outlays in fiscal year 2000; logical Survey, the Bureau of Land Manage- Conference Agreement.—House economic as- $61.7 billion in BA and $72.3 billion in outlays ment and the Bureau of Reclamation, among sumptions were used, with minor technical over 5 fiscal years; and $133.6 billion in BA others. adjustments. and $136.9 billion in outlays over 10 fiscal House Resolution.—The House resolution years. sets forth $22.8 billion in BA and $22.6 billion ECONOMIC ASSUMPTIONS FUNCTION 250: GENERAL SCIENCE, SPACE, AND in outlays in fiscal year 2000; $113.7 billion in [By calendar years] TECHNOLOGY BA and $112.2 billion in outlays over 5 fiscal years; and $232.2 billion in BA and $229.6 bil- Major Programs in Function.—Function 250, 1999 2000 2001 2002 2003 2004 lion in outlays over 10 fiscal years. General Science, Space & Technology, totals Senate Amendment.—The Senate amend- Percent change, year over $18.8 billion in BA and $18.2 billion in outlays ment sets forth $21.7 billion in BA and $22.4 year: for 1999. This function includes the National billion in outlays in fiscal year 2000; $108.6 Real GDP ...... 2.4 2.0 2.2 2.4 2.4 2.4 Aeronautics and Space Administration Consumer Price Index ... 2.5 2.6 2.6 2.6 2.6 2.6 billion in BA and $110.3 billion in outlays GDP Price Index ...... 1.7 2.0 2.1 2.1 2.1 2.1 (NASA) civilian space program and basic re- over 5 fiscal years; and $222.1 billion in BA Percent, annual: search programs of the National Science and $222.7 billion in outlays over 10 fiscal Unemployment rate ...... 4.6 5.1 5.4 5.6 5.7 5.7 Foundation (NSF) and the Department of Three-month Treasury years. bill rate ...... 4.5 4.5 4.5 4.5 4.5 4.5 Energy (DOE). Conference Agreement.—The Conference Ten-Year Treasury bond House Resolution.—The House resolution Agreement sets forth $22.8 billion in BA and rate ...... 5.1 5.3 5.4 5.4 5.4 5.4 sets forth $18.0 billion in BA and $18.2 billion $22.6 billion in outlays in fiscal year 2000; in outlays in fiscal year 2000; $89.6 billion in $111.7 billion in BA and $111.3 billion in out- FUNCTIONS AND REVENUES BA and $89.6 billion in outlays over 5 fiscal lays over 5 fiscal years; and $227.7 billion in FUNCTION 050, NATIONAL DEFENSE years; and $179.2 billion in BA and $178.4 bil- BA and $226.2 billion in outlays over 10 fiscal Major Programs in Function.—Function 050. lion in outlays over 10 fiscal years. years. National Defense, totals $270.7 billion in Senate Amendment.—The Senate amend- FUNCTION 350: AGRICULTURE budget authority [BA] and $268.7 billion in ment sets forth $18.0 billion in BA and $18.2 Major Programs in Function.—Function 350, outlays for 1999, excluding one time emer- billion in outlays in fiscal year 2000; $89.6 bil- Agriculture, totals about $16.8 billion in BA gencies enacted in the 105th Congress. This lion in BA and $89.6 billion in outlays over 5 and $14.9 billion in outlays for 1999, excluding budget function includes funding for the De- fiscal years; and $179.2 billion in BA and one-time emergency spending provided for partment of Defense (95 percent of function $178.4 billion in outlays over 10 fiscal years. natural disasters and export market losses. total), defense activities of the Department Conference Amendment.—The Conference This function includes funding for federal of Energy (5 percent), and small amounts ex- Agreement sets forth $18.0 billion in BA and programs intended to promote the economic pended by the Selective Service, the General $18.2 billion in outlays in fiscal year 2000; stability of agriculture through direct assist- $89.6 billion in BA and $89.6 billion in outlays Services Administration, the Departments of ance and loans to food and fiber producers, over 5 fiscal years; and $179.2 billion in BA Transportation and Justice, and other fed- provide regulatory, inspection and reporting and $178.4 billion in outlays over 10 fiscal eral agencies. services for agricultural markets, and pro- House Resolution.—The House resolution years. mote research and education in agriculture sets forth $288.8 billion in BA and $276.6 bil- FUNCTION 270: ENERGY and nutrition. lion in outlays in fiscal year 2000; $1,546.1 bil- Major Programs in Function.—Function 270, House Resolution.—The House resolution lion in BA and $1,471.3 billion in outlays over Energy, totals about $1.1 billion in BA and sets forth $14.3 billion in BA and $13.2 billion 5 fiscal years; and $3,200.5 billion in BA and $677 million in outlays for 1999. This function in outlays in fiscal year 2000; $63.7 billion in $3,051.9 billion in outlays over 10 fiscal years. includes civilian activities of the Depart- BA and $55.3 billion in outlays over 5 fiscal Senate Amendment.—The Senate amend- ment of Energy, the Rural Utilities Service, years; and $117.2 billion in BA and $101.7 bil- ment sets forth $288.8 billion in BA and $274.6 the power programs of the Tennessee Valley lion in outlays over 10 fiscal years. billion in outlays in fiscal year 2000; $1,546.0 Authority (TVA), and the Nuclear Regu- Senate Amendment.—The Senate amend- billion in BA and $1,469.3 billion in outlays latory Commission (NRC). Mandatory spend- ment sets forth $14.8 billion in BA and $13.7 over 5 fiscal years; and $3,200.5 billion in BA ing in this function contains large levels of billion in outlays in fiscal year 2000; $63.7 bil- and $3,050.0 billion in outlays over 10 fiscal offsetting receipts, resulting in net mandary lion in BA and $55.3 billion in outlays over 5 years. spending of $1.8 billion in BA and $2.6 bil- fiscal years: and $117.2 billion in BA and Conference Agreement.—The Conference ¥ ¥ lion in outlays for 1999. Congress provided $101.7 billion in outlays over 10 fiscal years. Agreement sets forth $288.8 billion in BA and $3.0 billion in discretionary BA for 1999. Conference Agreement.—The Conference $276.6 billion in outlays in fiscal year 2000; House Resolution.—The House resolution Agreement sets forth $14.3 billion in BA and $1,546.0 billion in BA and $1,471.3 billion in sets forth $0.0 billion in BA and ¥$0.7 billion $13.2 billion in outlays in fiscal year 2000; outlays over 5 fiscal years; and $3,200.5 bil- in outlays in fiscal year 2000; ¥$2.0 billion in $63.7 billion in BA and $55.3 billion in outlays lion in BA and $3,051.9 billion in outlays over BA and ¥$7.5 billion in outlays over 5 fiscal over 5 fiscal years; and $117.2 billion in BA 10 fiscal years. years; and ¥$3.6 billion in BA and $14.1 bil- and $101.7 billion in outlays over 10 fiscal FUNCTION 150: INTERNATIONAL AFFAIRS lion in outlays over 10 fiscal years. years. Major Programs in Function.—Function 150, Senate Amendment.—The House resolution FUNCTION 370: COMMERCE AND HOUSING CREDIT International Affairs, totals about $13.7 bil- sets forth $0.0 billion in BA and ¥$0.7 billion Major Programs in Function.—Function 370, lion in BA and $14.4 billion in outlays for in outlays in fiscal year 2000; ¥$2.0 billion in Commerce and Housing Credit, totals about H1958 CONGRESSIONAL RECORD — HOUSE April 13, 1999 $1.9 billion in BA and $0.8 billion in outlays This function includes funding for commu- lion in outlays in fiscal year 2000; $876.2 bil- for 1999. This function includes funding for nity and regional development and disaster lion in BA and $873.0 billion in outlays over discretionary housing programs, such as sub- relief. The function includes the Appalachian 5 fiscal years; and $2,114.4 billion in BA and sidies for single and multifamily housing in Regional Commission (ARC), non-power pro- $2,108.7 billion in outlays over 10 fiscal years. rural areas and mortgage insurance provided grams of the Tennessee Valley Authority Senate Amendment.—The Senate amend- by the Federal Housing Administration; net (TVA), the Federal Emergency Management ment sets forth $156.2 billion in BA and $153.0 spending by the Postal Service; discre- Agency (FEMA), the Economic Development billion in outlays in fiscal year 2000; $876.2 tionary funding for commerce programs, Administration (EDA) within the Commerce billion in BA and $872.9 billion in outlays such as international trade and exports, Department, and portions of the Department over 5 fiscal years; and $2,114.4 billion in BA science and technology, the census, and of Housing and Urban Development, the Bu- and $2,108.7 billion in outlays over 10 fiscal small business; and mandatory spending for reau of Indian Affairs, and the Department years. deposit insurance activities related to banks, of Agriculture. Conference Agreement.—The Conference savings and loans, and credit unions. House Resolution.—The House resolution Agreement sets forth $156.2 billion in BA and House Resolution.—For on-budget amounts, sets forth $7.4 billion in BA and $10.7 billion $153.0 billion in outlays in fiscal year 2000; the House resolution sets forth $9.9 billion in in outlays in fiscal year 2000; $29.3 billion in $876.2 billion in BA and $872.9 billion in out- BA and $4.5 billion in outlays in fiscal year BA and $38.4 billion in outlays over 5 fiscal lays over 5 fiscal years; and $2,114.4 billion in 2000; $63.3 billion in BA and $41.7 billion in years; and $57.3 billion in BA and $60.7 billion BA and $2,108.7 billion in outlays over 10 fis- outlays over 5 fiscal years; and $127.4 billion in outlays over 10 fiscal years. cal years. in BA and $86.4 billion in outlays over 10 fis- Senate Amendment.—The Senate amend- FUNCTION 570: MEDICARE cal years. ment sets forth $5.3 billion in BA and $10.3 Major Programs in Function.—Function 570, Senate Amendment.—For on-budget billion in outlays in fiscal year 2000; $14.0 bil- Medicare, totals about $195.2 billion in BA amounts, the Senate amendment sets forth lion in BA and $27.5 billion in outlays over 5 and $194.6 billion in outlays for 1999. $9.7 billion in BA and $4.3 billion in outlays fiscal years; and $24.1 billion in BA and $31.9 House Resolution.—The House resolution in fiscal year 2000; $63.1 billion in BA and billion in outlays over 10 fiscal years. sets forth $208.7 billion in BA and $208.7 bil- $41.5 billion in outlays over 5 fiscal years; Conference Agreement.—The Conference lion in outlays in fiscal year 2000; $1,180.7 bil- and $127.1 billion in BA and $86.2 billion in Agreement sets forth $6.4 billion in BA and lion in BA and $1,180.8 billion in outlays over outlays over 10 fiscal years. For off-budget $10.5 billion in outlays in fiscal year 2000; 5 fiscal years; and $2,880.3 billion in BA and amounts, the Senate amendment sets forth $21.7 billion in BA and $33.0 billion in outlays $2,880.1 billion in outlays over 10 fiscal years. ¥$0.2 billion in BA and outlays in 2000; ¥$1.2 over 5 fiscal years; and $40.7 billion in BA Senate Amendment.—The Senate amend- billion in BA and outlays over 5 fiscal years; and $46.3 billion in outlays over 10 fiscal ment sets forth $208.7 billion in BA and $208.7 and ¥$1.2 billion in BA and outlays over 10 years. billion in outlays in fiscal year 2000; $1,180.7 fiscal years. FUNCTION 500: EDUCATION, TRAINING, billion in BA and $1,180.8 billion in outlays Conference Agreement.— For on-budget EMPLOYMENT, AND SOCIAL SERVICES amounts, the Conference Agreement sets over 5 fiscal years; and $2,880.3 billion in BA Major Programs in Function.—Function 500, and $2,880.1 billion in outlays over 10 fiscal forth $9.7 billion in BA and $4.3 billion in Education, Training, Employment and So- outlays in fiscal year 2000; $63.1 billion in BA years. cial Services totals about $61 billion in BA —The Conference and $41.5 billion in outlays over 5 fiscal Conference Agreement. and $59.8 billion in outlays for 1999, excluding Agreement sets forth $208.7 billion in BA and years; and $127.1 billion in BA and $86.2 bil- one-time emergency spending items. This $208.7 billion in outlays in fiscal year 2000; lion in outlays over 10 fiscal years. function includes funding for elementary and $1,180.7 billion in BA and $1,180.8 billion in FUNCTION 400: TRANSPORTATION secondary, vocational, and higher education; outlays over 5 fiscal years; and $2,880.3 bil- Major Programs in Function.—Function 400, job training; children and family services lion in BA and $2,880.1 billion in outlays over Transportation, totals $50.8 billion in BA and programs; adoption and foster care assist- 10 fiscal years. $43.8 billion in outlays for 1999, excluding ance; statistical analysis and research re- FUNCTION 600: INCOME SECURITY one-time emergency spending provided for lated to these areas; and funding for the arts the Federal Aviation Administration and the and humanities. Major Programs in Function.—Function 600, Coast Guard. This function includes ground House Resolution.—The House resolution Income Security, totals $234.6 billion in BA transportation programs, such as the fed- sets forth $65.3 billion in BA and $63.6 billion and $237.8 billion in outlays for 1999, exclud- eral-aid highway program, mass transit, and in outlays in fiscal year 2000; $335.0 billion in ing spending which requires a cap adjust- the National Rail Passenger Corporation BA and $325.3 billion in outlays over 5 fiscal ment or is for an emergency. This function (Amtrak); air transportation through the years; and $696.3 billion in BA and $681.3 bil- contains: 1) major cash and in-kind means- Federal Aviation Administration (FAA) air- lion in outlays over 10 fiscal years. tested entitlements; 2) general retirement, port improvement program, facilities and Senate Amendment.—The Senate amend- disability, and pension programs excluding equipment program, and operation of the air ments sets forth $67.4 billion in BA and $64.0 Social Security and Veterans’ compensation traffic control system; water transportation billion in outlays in fiscal year 2000; $351.2 programs; 3) federal and military retirement through the Coast Guard and Maritime Ad- billion in BA and $336.4 billion in outlays programs; 4) unemployment compensation; ministration; the Surface Transportation over 5 fiscal years; and $746.2 billion in BA 5) low-income housing programs; and 6) other Board; the National Transportation Safety and $725.7 billion in outlays over 10 fiscal low-income support programs. Function 600 Board; and related transportation safety and years. is the third largest functional category after support activities within the Department of Conference Agreement.—The Conference Social Security and defense. Mandatory pro- Transportation. Agreement sets forth $66.3 billion in BA and grams account for 86 percent of total spend- House Resolution.—The House resolution $63.8 billion in outlays in fiscal year 2000; ing in this function. sets forth $51.8 billion in BA and $45.8 billion $343.1 billion in BA and $330.8 billion in out- House Resolution.—The House resolution in outlays in fiscal year 2000; $258.1 billion in lays over 5 fiscal years; and $721.3 billion in sets forth $244.4 billion in BA and $248.1 bil- BA and $233.8 billion in outlays over 5 fiscal BA and $703.5 billion in outlays over 10 fiscal lion in outlays in fiscal year 2000; $1,320.7 bil- years; and $520.0 billion in BA and $464.1 bil- years. The Conference agreement provides lion in BA and $1,335.3 billion in outlays over lion in outlays over 10 fiscal years. that an additional $0.5 billion is available for 5 fiscal years; and $2,892.8 billion in BA and Senate Amendment.—The Senate amend- funding the Individuals with Disabilities $2,911.8 billion in outlays over 10 fiscal years. ment sets forth $51.3 billion in BA and $45.3 Education Act for fiscal year 2000. Senate Amendment.—The Senate amend- billion in outlays in fiscal year 2000; $259.1 FUNCTION 550: HEALTH ment sets forth $244.4 billion in BA and $248.1 billion in outlays in fiscal year 2000; $1,324.8 billion in BA and $233.7 billion in outlays Major Programs in Function.—Function 550, billion in BA and $1,336.8 billion in outlays over 5 fiscal years; and $522.4 billion in BA Health, totals about $147.3 billion in BA and over 5 fiscal years; and $2,902.4 billion in BA and $463.8 billion in outlays over 10 fiscal $140.6 billion in outlays for 1999, excluding and $2,918.4 billion in outlays over 10 fiscal years. one-time emergency spending. This function years. Conference Agreement.—The Conference covers all health spending except that for Conference Agreement.—The Conference Agreement sets forth $51.8 billion in BA and Medicare, military health, and veterans’ Agreement sets forth $244.4 billion in BA and $45.8 billion in outlays in fiscal year 2000; health. The major programs include Med- $248.1 billion in outlays in fiscal year 2000; $258.2 billion in BA and $233.8 billion in out- icaid, the State Children’s Health Insurance $1,320.3 billion in BA and $1,333.4 billion in lays over 5 fiscal years; and $520.1 billion in Program, health benefits for federal workers outlays over 5 fiscal years; and $2,891.8 bil- BA and $464.1 billion in outlays over 10 fiscal and retirees, the National Institutes of lion in BA and $2,909.2 billion in outlays over years. Health, the Food and Drug Administration, 10 fiscal years. The Conference Agreement FUNCTION 450: COMMUNITY AND REGIONAL the Health Resources and Services Adminis- assumes $3 billion in new mandatory spend- DEVELOPMENT tration, Indian Health Services, the Centers ing for families with children to cover child Major Programs in Function.—Function 450, for Disease Control and Prevention, and the care expenditures. Community and Regional Development, to- Substance Abuse and Mental Health Services tals about $8.8 billion in BA and $11.7 billion Administration. FUNCTION 650: SOCIAL SECURITY in outlays for 1999, excluding emergency House Resolution.—The House resolution Major Programs in Function.—Function 650, funding and other one-time appropriations. sets forth $156.2 billion in BA and $153.0 bil- Social Security, totals about $14.5 billion in April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1959 BA and $14.7 billion in outlays for 1999 for on- BA and $470.8 billion in outlays over 10 fiscal $13.5 billion in outlays in fiscal year 2000; budget activities. This function includes So- years. $60.5 billion in BA and $62.7 billion in outlays cial Security benefits and administrative ex- FUNCTION 750: ADMINISTRATION OF JUSTICE over 5 fiscal years; and $121.2 billion in BA penses. Major Programs in Function.—Function 750, and $122.3 billion in outlays over 10 fiscal House Resolution.—For on-budget amounts, Administration of Justice, totals about $26.3 years. the House resolution sets forth $14.2 billion billion in BA and $24.8 billion in outlays for FUNCTION 900: NET INTEREST in BA and $14.3 billion in outlays in fiscal 1999. This function includes funding for fed- year 2000; $77.0 billion in BA and $77.0 billion Major Programs in Function.—Function 900, eral law enforcement activities, including Net Interest, totals $229.4 billion in BA and in outlays over 5 fiscal years; and $177.0 bil- criminal investigations by the Federal Bu- lion in BA and $177.0 billion in outlays over outlays in 1999. Net interest is a mandatory reau of Investigation (FBI) and the Drug En- payment; there are no discretionary pro- 10 fiscal years. forcement Administration (DEA), border en- Senate Amendment.—The Senate amend- grams in Function 900. Net interest includes forcement and the control of illegal immi- interest on the public debt after deducting ment sets forth $14.2 billion in BA and $14.3 gration by the Customs Service and Immi- billion in outlays in fiscal year 2000; $77.0 bil- the interest income received by the federal gration and Naturalization Service (INS), as government. lion in BA and $77.0 billion in outlays over 5 well as funding for prison construction, drug fiscal years; and $177.0 billion in BA and House Resolution.—For on-budget amounts, treatment, crime prevention programs and the House resolution sets forth $275.5 in BA $176.9 billion in outlays over 10 fiscal years. the federal Judiciary. For off-budget amounts, the Senate amend- and outlays in fiscal year 2000; $1,342.4 billion House Resolution.—The House resolution in BA and outlays over 5 fiscal years; and ment sets forth $393.0 billion in BA and out- sets forth $23.4 billion in BA and $25.3 billion lays in 2000; $2,158.9 billion in BA and outlays $2,626.5 billion in BA and outlays over 10 fis- in outlays in fiscal year 2000; $123.5 billion in cal years. over 5 fiscal years; and $4,915.7 billion in BA BA and $125.9 billion in outlays over 5 fiscal and outlays over 10 fiscal years. Senate Amendment.—For on-budget years; and $255.5 billion in BA and $257.4 bil- amounts, the Senate amendment sets forth Conference Agreement.—The Conference lion in outlays over 10 fiscal years. Agreement sets forth $14.2 billion in BA and $275.7 billion in BA and outlays in fiscal year Senate Amendment.—The Senate amend- 2000; $1,344.4 billion in BA and outlays over 5 $14.3 billion in outlays in fiscal year 2000; ment sets forth $23.4 billion in BA and $25.3 $77.0 billion in BA and $77.0 billion in outlays fiscal years; and $2,630.8 billion in BA and billion in outlays in fiscal year 2000; $121.8 outlays over 10 fiscal years. over 5 fiscal years; and $177.0 billion in BA billion in BA and $124.2 billion in outlays Conference Agreement.—For on-budget and $176.9 billion in outlays over 10 fiscal over 5 fiscal years; and $242.3 billion in BA amounts, the Conference Agreement sets years. and $244.1 billion in outlays over 10 years. forth $375.5 billion in BA and outlays in fis- FUNCTION 700: VETERANS’ BENEFITS AND Conference Agreement.—The Conference cal year 2000; $1,342.7 billion in BA and out- SERVICES Agreement sets forth $23.4 billion in BA and lays over 5 fiscal years; and $2,628.4 billion in $25.3 billion in outlays in fiscal year 2000; Major Programs in Function.—Function 700, BA and outlays over 10 fiscal years. Veterans Benefits, totals $43.0 billion in BA $123.5 billion in BA and $125.9 billion in out- DEBT LEVELS and $42.9 billion in outlays for 1999. This lays over 5 fiscal years; and $255.5 billion in budget function includes income security BA and $257.4 billion in outlays over 10 fiscal The following table compares the levels of needs of disabled veterans, indigent veterans, years. debt held by the public and debt subject to and survivors of deceased veterans through FUNCTION 800: GENERAL GOVERNMENT limit associated with the Conference Agree- compensation benefits, pensions, and life in- Major Programs in Function.—Function 800, ment, the President’s Budget and the base- surance programs. Major education, train- General Government, totals $15.2 billion in line. ing, and rehabilitation and readjustment BA and $14.8 billion in outlays for 1999, ex- Under the Conference Agreement, debt programs include the Montgomery GI Bill, cluding spending which requires a cap ad- held by the public declines year by year, and the Veterans Educational Assistance Pro- justment or is for an emergency. This func- by 2009 would be nearly $1.8 trillion below its gram, and the Vocational Rehabilitation and tion consists of the activities of the Legisla- present level. Debt held by the public under Counseling program. Veterans can also re- tive Branch, the Executive Office of the the President’s Budget would decline by ceive guarantees on home loans. Roughly President, U.S. Treasury fiscal operations about $1.4 trillion over the next ten years. half of all spending in this function is for the (including the Internal Revenue Service), After ten years, debt held by the public Veterans Health Administration, which is personnel and property management, and would be $465 billion lower under the Con- comprised of over 700 hospitals, nursing general purpose fiscal assistance to states, ference Agreement than under the Presi- homes, domiciliaries, and outpatient clinics. localities, and U.S. territories. Discretionary dent’s Budget. House Resolution.—The House resolution spending represents 93 percent of total The statutory debt limit, which now stands sets forth $44.7 billion in BA and $45.1 billion spending in this function. The Internal Rev- at $5.95 trillion, would not have to be in- in outlays in fiscal year 2000; $225.9 billion in enue Service accounts for 62 percent of the creased until the very end of 2004 under the BA and $228.3 billion in outlays over 5 fiscal discretionary total. Conference Agreement. Under the Presi- years; and $467.3 billion in BA and $470.3 bil- House Resolution.—The House resolution dent’s Budget, the statutory debt limit lion in outlays over 10 fiscal years. sets forth $12.3 billion in BA and $13.5 billion would have to be raised sometime in 2001. Senate Amendment.—The Senate amend- in outlays in fiscal year 2000; $60.5 billion in Clause 3 of House rule XXIII requires that ment sets forth $46.7 billion in BA and $47.1 BA and $62.7 billion in outlays over 5 fiscal the joint explanatory statement of managers billion in outlays in fiscal year 2000; $227.1 years; and $121.2 billion in BA and $122.3 bil- accompanying a budget resolution provide a billion in BA and $229.5 billion in outlays lion in outlays over 10 fiscal years. statement of the effect of adoption of the over 5 fiscal years; and $466.2 billion in BA Senate Amendment.—The Senate amend- concurrent resolution upon the statutory and $469.2 billion in outlays over 10 fiscal ment sets forth $12.3 billion in BA and $13.5 limit on the debt. This resolution will have years. billion in outlays in fiscal year 2000; $60.5 bil- no direct effect upon the statutory limit on Conference Agreement.—The Conference lion in outlays over 5 fiscal years; and $121.2 the debt because the House resolution Agreement sets forth $45.4 billion in BA and billion in BA and $122.3 billion in outlays providng for the consideration of H. Con. $45.6 billion in outlays in fiscal year 2000; over 10 fiscal years. Res. 68 suspended the automatic engross- $226.6 billion in BA and $228.8 billion in out- Conference Agreement.—The Conference ment of an increase in the statutory limit lays over 5 fiscal years; and $468.0 billion in Agreement sets forth $12.3 billion in BA and upon the adoption of a conference report. COMPARISON OF CONFERENCE AGREEMENT WITH PRESIDENT’S BUDGET AND BASELINE [In billions of dollars]

Debt 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Conference agreement: Held by Public ...... 3,627.1 3,502.4 3,370.1 3,229.3 3,080.6 2,920.1 2,738.2 2,540.6 2,326.7 2,098.3 1,861.1 Subject to limit ...... 5,543.9 5,628.4 5,708.5 5,793.5 5,877.4 5,956.3 6,024.6 6,084.6 6,136.5 6,173.9 6,203.4 President’s Budget: Held by Public ...... 3,629.5 3,564.9 3,491.0 3,395.8 3,302.4 3,188.5 3,055.4 2,891.1 2,709.7 2,522.1 2,323.6 Subject to limit ...... 5,546.3 5,778.6 5,999.8 6,243.0 6,498.4 6,765.1 7,042.9 7,337.9 7,661.1 8.018.6 8,409.0 Baseline: Held by Public ...... 3,627.1 3,515.8 3,389.7 3,215.1 3,021.0 2,781.3 2,501.1 2,152.1 1,751.8 1,311.4 823.3 Subject to limit ...... 5,543.9 5,641.7 5,728.1 5,779.2 5,817.8 5,817.6 5,787.5 5,696.1 5,561.6 5,387.0 5,165.7 Conference agreement compared to: President’s Budget: Held by Public ...... ¥2.4 ¥62.5 ¥120.9 ¥166.5 ¥221.8 ¥268.4 ¥317.2 ¥350.5 ¥383.0 ¥423.8 ¥462.5 Subject to limit ...... ¥2.4 ¥150.2 ¥291.3 ¥449.5 ¥621.0 ¥808.8 ¥1,018.3 ¥1,253.3 ¥1,524.6 ¥1,844.7 ¥2,205.6 Baseline: Held by Public ...... ¥13.3 ¥19.6 14.3 59.6 138.8 237.1 388.5 574.9 786.9 1,037.8 Subject to limit ...... ¥13.3 ¥19.6 14.3 59.6 138.8 237.1 388.5 574.9 786.9 1,037.8 H1960 CONGRESSIONAL RECORD — HOUSE April 13, 1999

FUNCTION 920: ALLOWANCES in BA and outlays in fiscal year 2000; ¥$188.9 2000 through 2004 and $765.985 billion for the Major Programs in Function.—Function 920, billion in BA and outlays over 5 fiscal years; total of the fiscal years 2000 through 2009. Allowances, usually displays the budgetary and ¥$388.4 billion in BA and outlays over 10 The Senate amendment also instructs the effects of proposals that cannot be easily dis- fiscal years. Finance Committee to report a reduction in tributed across other budget functions. In Senate Amendment.—For on-budget the statutory limit on the debt of $85 billion past years. Function 920 has included total amounts, the Senate amendment sets forth for fiscal year 2000 only. In anticipation that savings or costs from proposals associated ¥$34.3 billion in BA and outlays in fiscal the budget resolution might be resolved by with emergency spending or proposals con- year 2000; ¥$189.8 billion in BA and outlays the adoption of amendments between the tingent on certain events that have uncer- over 5 fiscal years; and ¥$391.2 billion in BA Houses, section 105 of the Senate amendment tain chances of occurring, such as the Presi- and outlays over 10 fiscal years. For off- includes reconciliation instructions for the dent’s proposal for increased discretionary budget amounts, the Senate amendment sets House Committee on Ways and Means to re- spending from the Social Security Surplus forth ¥$8.0 billion in BA and outlays in 2000; port legislation by June 11, 1999 that reduces contingent on Social Security reform. ¥$45.8 billion in BA and outlays over 5 fiscal revenues and the statutory limit on the debt House Resolution.—The House resolution years; and ¥$110.2 billion in BA and outlays by the same amounts set out in section 104. sets forth ¥$8.0 billion in BA and ¥$10.1 bil- over 10 fiscal years. Conference Agreement.—The Conference lion in outlays in fiscal year 2000; ¥$31.8 bil- Conference Agreement.—The Conference agreement directs the Committees on Ways lion in BA and ¥$52.8 billion in outlays over Agreement sets forth ¥$34.3 billion in BA and Means and Finance to report by July 16, 5 fiscal years; and ¥$56.8 billion in BA and and outlays in fiscal year 2000; ¥$189.2 bil- 1999 and July 23, 1999 respectively, a rec- ¥$80.6 billion in outlays over 10 fiscal years. lion in BA and outlays over 5 fiscal years; onciliation bill that reduces revenues by $0 Senate Amendment.—The Senate amend- and ¥$392.9 billion in BA and ¥$392.8 billion for fiscal year 2000, $142.3 billion for the total ment sets forth ¥10.0 billion in BA and in outlays over 10 fiscal years. of fiscal years 2000 through 2004 and $777.9 ¥$10.1 billion in outlays in fiscal year 2000; billion for the total of fiscal years 2000 REVENUES ¥$33.8 billion in BA and ¥$52.8 billion in through 2009. The Conference agreement does outlays over 5 fiscal years; and ¥$58.8 billion House Resolution.—For on-budget amounts, not include an instruction to reconcile a re- in BA and ¥$80.6 billion in outlays over 10 the House resolution sets forth $1,408.5 bil- duction in the statutory limit on the debt. fiscal years. lion in revenues in fiscal year 2000; $7,416.9 Conference Agreement.—The Conference billion over 5 fiscal years; and $16,155.8 bil- ALLOCATIONS Agreement sets forth ¥$9.8 billion in BA and lion over 10 fiscal years. As required in section 302 of the Budget ¥$10.8 billion in outlays in fiscal year 2000; Senate Amendment.— For on-budget Act, the joint statement of the managers in- ¥$33.6 billion in BA and ¥53.5 billion in out- amounts, the Senate amendment sets forth cludes an allocation, based upon the con- lays over 5 fiscal years; and ¥$58.6 billion in $1,402.0 billion in revenues in fiscal year 2000; ference report, of the levels of total budget BA and ¥$81.3 billion in outlays over 10 fis- $7,408.3 billion over 5 fiscal years; and authority, total budget outlays among each cal years. $16,147.7 billion over 10 fiscal years. of the appropriate House and Senate com- FUNCTION 950: UNDISTRIBUTED OFFSETTING Conference Agreement.—For on-budget mittees. RECEIPTS amounts, the Conference Agreement set The allocation for each House consist of a Major Programs in Function.—Function 950, forth $1,408.1 billion in revenues in fiscal set of two tables for the House and the Sen- Undistributed Offsetting Receipts, totals year 2000; $7,414.2 billion over 5 fiscal years; ate. The first set of tables shows the alloca- about $40.1 billion in receipts (BA and out- and $16,153.5 billion over 10 fiscal years. The tion for the budget year, fiscal year 2000. The lays) for 1999. This function records offset- conference agreement assumes that the tax House allocates funding for each fiscal year ting receipts (receipts, not federal revenues relief provided by this resolution will include covered by the budget resolution. The second or taxes, that the budget shows as offsets to tax cuts to help cover the costs of raising a set of tables shows the amount allocated for spending programs) that are too large to child. Tax cuts for families with children— the totals of the first five years and the ten record in other budget functions. Such re- child care credits—will be no less than $3 bil- years covered by the budget resolution. ceipts are either intrabudgetary (a payment lion. The allocations are as follows: from one federal agency to another, such as RECONCILIATION agency payments to the retirement trust ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE funds) or proprietary (a payment from the House Resolution.—Section 4 of the House public for some type of business transaction resolution directs the Committee on Ways COMMITTEES with the government). The main types of re- and Means to report by September 30, 1999, a Appropriations Committee ceipts recorded as undistributed in this func- reconciliation bill that reduces revenues by [In millions of dollars] tion are: the payments federal agencies $142.5 billion for the total of fiscal year 2000 make to retirement trust funds for their em- through 2005 and $768.5 billion for fiscal years Budget Fiscal year 2000 authority Outlays ployees, payments made by companies for 2000 through 2009. The House resolution does the right to explore and produce oil and gas not reconcile a reduction in the statutory General Purpose 1 ...... 531,771 536,700 on the Outer Continental Shelf, and pay- limit on the debt. Violent Crime Reduction 1 ...... 4,500 5,554 Highways 1 ...... 0 24,574 ments by those who bid for the right to buy Senate Amendment.—Section 104 of the Sen- Mass Transit 1 ...... 0 4,117 or use the public property or resources, such ate amendment directs the Senate Com- as the electromagnetic spectrum. mittee on Finance to report by June 18, 1999, Total Discretionary Action ...... 536,271 570,945 House Resolution.—For on-budget amounts, a reconciliation bill that reduced revenues Current Law Mandatory ...... 321,108 303,938 the House resolution sets forth ¥$34.3 billion by $138.485 billion for the total of fiscal years 1 Shown for display purposes only. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1961 H1962 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1963 H1964 CONGRESSIONAL RECORD — HOUSE April 13, 1999 April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1965 H1966 CONGRESSIONAL RECORD — HOUSE April 13, 1999

RULEMAKING AND BUDGETARY PROCEDURES propriations for special education. The ad- trust fund. This change would prohibit the House Resolution.—Section 5(a) of the justments may be made for bills, joint reso- expenditure of Social Security surpluses, but House resolution includes findings that So- lutions, amendments, and conference re- would allow on-budget surpluses to be used cial Security is, by law, off-budget; that So- ports. Any adjustments must be made in the to offset tax reductions or direct spending cial Security has been running surpluses; amount of BA provided by the measure for increases. that these surpluses have been used to that purpose (and the resulting outlays) are Section 204 of the Senate amendment pro- balance the Federal budget; that this resolu- subject to two limitations. First, the adjust- vides a majority point of order against emer- tion, for the first time, balances the budget ments may not exceed an up-to-date esti- gency spending provisions. The Senate without counting such surpluses, and that mate of the on-budget surplus. Second, the amendment would curb the abuse of spending the Social Security surplus on so-called the only way to present the diversion of the adjustments may not exceed the amount emergencies. Under sections 251(1)(b)(2)(A) surpluses for other purposes is to balance the necessary to fully fund special education at and 252(e) of the Balanced Budget and Emer- budget exclusive of the surpluses, and both its authorize levels. gency Deficit Control Act of 1985, if Congress the Congress and the Administration should Section 8 of the House resolution provides and the President designate a provision of take the necessary steps to ensure that fu- that changes in the budgetary aggregates legislation an emergency, it is exempt from ture budgets are balanced exclusive of the and committee allocations permitted by the the statutory limits on appropriations legis- surpluses. resolution shall be made while the measure lation and the pay-as-you-go requirement for Section 5(b) of the House resolution pro- is pending and upon enactment and shall be all other legislation. Under the Senate hibits the consideration of any budget reso- published in the Congressional Record. The amendment, committee reports and any lution that sets forth an on-budget deficit. section also provides that the revised aggre- gates and allocations shall be, for the pur- statement of managers accompanying legis- The intent of this provision is to prevent lation containing emergency spending must Congresses from considering future budget poses of the Congressional Budget Act of 1974, the aggregates and allocations in this contain an analysis whether the proposed resolutions that implicitly use the Social Se- emergency spending satisfies all the criteria curity surplus to finance other governmental resolution. Section 9 of the House resolution requires set out in the resolution. A point of order is operations. Section 5 is enforced by a point the Director of the Congressional Budget Of- available against any emergency spending of order that, if sustained, precludes further fice to update CBO’s budgetary projections provision regardless of whether the criteria consideration of the measure. In addition to on a quarterly basis. are met. The Presiding Officer does not de- any budget resolution reported by the Budg- Senate Amendment.—In addition to setting termine whether or not the criteria have et Committee, the point of order may be forth budgetary levels as called for in the been satisfied when ruling on the point of raised against amendments to the budget Budget Act, title I of the Senate amendment order. If a point of order was raised and sus- resolution and accompanying conference re- contains two provisions—the first, to address tained against an emergency spending provi- ports. Consistent with enforcement of key the fact that Congress did not adopt a fiscal sion then the language making the emer- Budget Act requirements in the House and year 1999 budget resolution, and the second, gency designation and providing the spend- Senate, section 5 may be waived by a simple to focus attention on debt held by the public ing would both be stricken from the measure majority of those present in the House and levels. Section 1(a)(2) of the Senate amend- by way of a procedure similar to the Byrd three-fifths of those Members voting in the ment contains language that incorporates rule (see section 313 of the Congressional Senate. An exception is provided for legisla- the levels in the deeming resolution passed Budget Act of 1974). tion enhancing retirement security or re- by the Senate at the end of the 105th Con- Section 205 of the Senate amendment pro- forming Medicare pursuant to section 6 of gress as the fiscal year 1999 budget resolu- vides authority to the Budget Committee the House resolution. tion. Section 101(6) provides advisory debt chairmen to provide committee allocations. Subsection (c)(1) provides a sense of the held by the public levels in the budget reso- Section 302 of the Budget Act requires the House that legislation should be enacted lution. These debt-held-by-the-public levels statement of managers accompanying a con- that excludes the outlays and receipts of the reflect the fact that the resolution devotes ference report on a budget resolution to in- Social Security trust funds from official the entire Social Security surplus to the re- clude an allocation of spending authority to budgetary projections of the surplus or def- duction of debt held by the public. committees. At the time the Senate amend- icit. Subsection (c)(2) further provides that Title II of the Senate amendment contains ment was adapted there existed the possi- legislation should be considered that further ten sections that either modify budget proce- bility that this budget resolution would not safeguards the surpluses, such as modifying dures for consideration of legislation or au- go to conference. Therefore, the Senate pay-as-you-go requirements to permit the thorize the Chairman of the Budget Com- amendment requires the Chairman of the enactment of retirement security and Medi- mittee to alter the levels in the budget reso- Budget Committee to file allocations that care legislation or establishing a statutory lution to accommodate Senate consideration are consistent with the budget resolution. limit on debt held by the public that would of certain legislation. Section 206 of the Senate amendment pro- be reduced by the amount of the Social Secu- Section 201 of the Senate amendment pro- vides a reserve fund for use of Outer Conti- rity surpluses. vides a reserve fund for Agriculture. The nental Shelf (OCS) receipts. This section Section 6 of the House resolution estab- Senate amendment ensures that up to $6 bil- would allow committee allocations to be ad- lishes a reserve fund for retirement security lion is made available for legislation that ad- justed for legislation providing new or addi- and Medicare in the House. The Budget Com- dresses risk management and income assist- tional direct spending for historic preserva- mittee chairman is permitted to increase the ance to agriculture producers through a re- tion, recreation and land, water, fish, and allocations and aggregates established in the serve fund. If the Senate Agriculture Com- wildlife conservation efforts to support budget resolution for legislation that either mittee reports legislation that provides risk coastal needs and activities. This reserve enhances retirement security or extends the management and income assistance to agri- fund is intended to accommodate an increase solvency of the Medicare trust funds or re- culture producers, then the Chairman of the in spending for these programs if the in- forms the Medicare benefits or payment Budget Committee is authorized to increase creases are offset by reductions in direct structure. The adjustments may be made for the Agriculture Committee’s allocation of spending. It would not allow revenue in- bills, amendments, and conference reports. budget authority and outlays to accommo- creases to offset spending increases. The sum of the adjustments for all meas- date this additional spending. The reserve Section 207 of the Senate amendment pro- ures considered under this section may not fund provides that this legislation cannot vides a reserve fund for Medicare managed exceed an amount equal to an up-to-date es- cause an on-budget deficit. The Senate care plans. This section permits committee timate of the Social Security surplus for fis- amendment also permits $500 million (within allocations to be adjusted for legislation pro- cal year 2000, the total for fiscal years 2000 the $6 billion total) in agriculture spending viding new or additional direct spending for through 2004, and 2000 through 2009. Further- in fiscal year 2000, but this additional spend- Medicare managed care plans agreeing to more, the chairman is prohibited from mak- ing must be offset by reductions in direct serve elderly patients for at least 2 years and ing any adjustment if the measure, together spending in other programs. whose reimbursement was reduced because of with any other measure considered under Section 202 of the Senate amendment pro- risk management regulations. This reserve this section, would exceed the estimated sur- vides a tax reduction reserve fund which al- fund is intended to accommodate an increase plus for any of these periods. lows the Chairman of the Budget Committee in spending for these programs if they are For purposes of this section, the projected to adjust the spending and revenue limits for offset by spending reductions. It would not Social Security surpluses are the levels as- legislation that reduces revenues as long as allow revenue increases to offset spending sumed in the joint statement or the levels the legislation does not cause an on-budget increases. set forth in CBO’s midsession report. In mak- deficit for the first fiscal year, the sum of Section 208 of the Senate amendment pro- ing this projection, CBO is directed to con- the first five fiscal years covered by the vides a reserve fund for Medicare and pre- sult with the Social Security trustees. budget resolution, and the sum of the ten fis- scription drugs. This section permits com- Section 7 of the House resolution estab- cal years covered by the resolution. mittee allocations and spending aggregates lishes a reserve fund in the House for special Section 203 of the Senate amendment con- to be adjusted for legislation that signifi- education. The Budget Committee chairman tains a clarification of the Senate’s pay-as- cantly extends the solvency of the Medicare is permitted to increase the budget aggre- you-go rule make it clear that this rule still Hospital Insurance (HI) Trust Fund without gates and allocations to the Committee on applies until the budget is balanced exclud- the use of transfers of new subsidies from the Appropriations for legislation providing ap- ing the transactions of the Social Security general fund. This reserve fund is designed to April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1967 accommodate legislation that reforms the the appropriate budgetary aggregates and al- has standing authority under section 302(g) Medicare program and extends the solvency locations for legislation that enhances re- of the Congressional Budget Act of 1974 as of the HI trust fund. It would not allow rev- tirement security through structural pro- amended by the Balanced Budget Act of 1997 enue increases to offset spending increases. grammatic reform. It is the conferees’ inten- to consider legislation reducing taxes in ex- This reserve fund does allow committee allo- tion that retirement security includes Medi- cess of the levels in the budget resolution, if cations and spending aggregates to be ad- care. the revenue loss is offset by spending reduc- justed to use an on-budget surplus to offset Section 203 of the Conference agreement tions. The Conference agreement retains the the additional cost of prescription drugs as provides a reserve fund for Medicare legisla- Senate language with modifications and only tion and reflects the language of section 208 part of legislation that reforms Medicare and applies in the Senate. significantly extends the solvency of the HI of the Senate amendment with modifica- trust fund. tions. The Conference agreement applies the Section 206 of the Conference agreement Section 209 of the Senate amendment con- reserve fund to the House and Senate, re- reflects the language of section 204 of the tains language regarding the rulemaking au- quires the legislation to make structural re- Senate amendment regarding an emergency thority of each of the Houses of Congress. forms to Medicare and extend the solvency of designation point of order with modifica- Section 210 of the Senate amendment pro- the Medicare trust fund without the use of tions. The House does not have a comparable vides a reserve fund to foster the employ- intragovernmental transfers, and provides provision. However, according to the Over- ment and independence of individuals with that it may be used for legislation which in- sight Plan of the House Committee on the disabilities so long as the legislation does cludes a prescription drug benefit. The con- Budget, the Budget Committee will consider not increase the deficit or reduce the sur- ferees do not intend for the reserve fund to budget process reform during the spring of plus. encompass legislation making incremental 1999 (which will include a codification of a Conference Agreement.—Title II of the Con- changes to the Medicare system. ference agreement includes the rules and Section 204 of the Conference agreement definition of budgetary emergencies and es- procedures for implementing and enforcing reflects the language of section 201 of the tablish a reserve fund for such emergencies). the budget resolution. Senate amendment regarding a reserve fund The Conference agreement provides a super- Section 201 of the Conference agreement which would increase the allocations by an majority point of order in the Senate against creates a safe deposit box for Social Security additional $6 billion for agriculture with language designating a provision as an emer- surpluses and reflects the language in sec- modifications. The Senate amendment only gency and includes an exemption for defense tion 5 of the House resolution with modifica- applied in the Senate. Although the House spending. tions. The resolution contains the findings does not have a comparable provision, it in- Section 207 of the Conference agreement from section 5(a) and creates a majority cludes $6 billion in mandatory spending over reflects the language of section 203 of the point of order from section 5(b) with modi- 5 years for function 350 (Agriculture), and in Senate amendment regarding the application fications in the House and Senate against a the allocation to the House Committee on of the Senate’s pay-go point of order with a budget resolution which sets forth an on- Agriculture. The Conference agreement pro- modification. The House does not have a budget deficit unless the deficit results from vides that the reserve fund applies in both comparable provision (the pay-go point of legislation enacted pursuant to section 202 of the House and the Senate and may be trig- this resolution. The Conference agreement gered by legislation which provides risk order is not applicable in the House of Rep- does not contain the sense of Congress provi- management and/or income assistance to ag- resentatives). The Conference agreement re- sions set forth in section 5(c). ricultural producers. For the purposes of this states the entire pay-go point of order with Section 202 of the Conference agreement section, risk management includes crop in- modifications which permit on-budget sur- provides a reserve fund for retirement secu- surance. pluses to be used for the tax reductions or rity and reflects the language of section 6 of Section 205 of the Conference agreement spending increases. The conferees intend the House resolution with modifications. The reflects the language of section 202 of the that the on-budget surplus be placed on the reserve fund for retirement security applies Senate amendment regarding a tax reduction Senate’s pay-as-you-go scorecard. The base- in both the House and Senate and permits reserve fund in the Senate. The House does line on-budget surpluses are shown in the the Budget Committee chairman to adjust not have a comparable provision. The House table below:

Fiscal Year— 5 yr. 10 yr. 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Baseline on Budget surpluses ...... 8.510 54.930 33.301 52.100 72.459 123.375 154.858 174.844 204.332 148.841 878.709

Section 208 of the Conference agreement certain programs to foster the employment quarterly updates of its projections. The reflects the language of section 8 of the and independence of individuals with disabil- Senate amendment does not have a com- House resolution regarding the application ities with modifications. The House does not parable provision. The House recedes to the and effect of changes in allocations and ag- have a comparable provision. The Conference Senate on this issue. gregates made pursuant to the resolution agreement adopts the Senate language with Section 205 of the Senate amendment con- with modifications. The Senate does not technical amendments which conform the re- tained authority for the Chairman of the have a comparable provision. Subsections (a) serve fund to the form of other reserve funds Budget Committee in the Senate to provide and (b) of the Conference agreement would set out in the Conference agreement. committee allocations in the Congressional be applicable in both the House and Senate. Section 211 provides for a reserve fund for Record in the event that there was not a Subsection (d) applies only in the House and a fiscal year 2000 surplus. The Conference statement of managers accompanying a con- provides that only the first fiscal year and agreement calls upon the Congressional ference report on the budget resolution. The the five fiscal year totals of the section 302 Budget Office (CBO) to complete its update House resolution does not have a comparable allocations will be enforced under section 302 of the economic and budget forecast for the provision. The Senate recedes to the House and 311 of the Budget Act. 2000 budget by July 1, 1999. If CBO’s revised on this issue. Section 209 of the Conference agreement projection shows an on-budget surplus for Section 206 of the Senate amendment con- clarifies the status of the interim House and 2000, this reserve fund allows the Chairman tained a reserve fund for the use of OCS re- Senate levels for fiscal year 1999. The House of the Budget Committee to adjust the rev- ceipts. The House resolution does not have a resolution does not have a comparable provi- enue aggregate, the pay-go balance, and the comparable provision. The Senate recedes to sion. However interim budget allocations revenue reconciliation instructions by the the House on this issue. and aggregates for the House were printed in amount of the on-budget surplus for 2000. Section 207 of the Senate amendment con- the Congressional Record pursuant to H. Res. Section 212 provides for a reserve fund in tained a reserve fund for managed care plans. 5. Section 1(a)(2) of the Senate amendment the Senate for education for legislation that The House resolution does not have a com- contains language that incorporates the lev- causes an increase in direct spending by vir- parable provision. The Senate recedes to the els passed by the Senate at the end of the tue of a change in the purpose for which pre- House on this issue. 105th Congress as the fiscal year 1999 budget viously appropriated funds may be spent. Miscellaneous Provisions Regarding Budget resolution. The conference agreement re- Section 213 contains the boilerplate rule- Enforcement.—Some interpret a surplus to be flects the Senate amendment with a modi- making authority of the House and the Sen- a negative deficit. The conferees intend that fication which clarifies that the levels pre- ate. this interpretation not apply for the pur- viously submitted by the House and the Sen- Section 7 of the House resolution provides poses of this resolution. More specifically, ate constitute a concurrent resolution on the a reserve fund for special education. The for the purposes of title II, a reduction in the budget for fiscal year 1999. Senate amendment does not have a com- on-budget surplus is not considered an in- Section 210 of the Conference agreement parable provision. The House recedes to the crease in the on-budget deficit. reflects the language of section 210 of the Senate on this issue. Some 301 of the Conference agreement sets Senate amendment regarding a reserve fund Section 9 of the House resolution requires forth a sense of the Congress regarding the in the Senate for legislation that finances the Congressional Budget Office to provide protection of the Social Security surpluses. H1968 CONGRESSIONAL RECORD — HOUSE April 13, 1999 The conferees strongly support this lan- Sense of the Senate on tax cuts for lower Sense of the Senate regarding Social Secu- guage—particularly the language found in and middle income taxpayers. rity notch babies. subsection (b)(1) and intend that legislation Sense of the Senate regarding reform of Conference Agreements.—Title III of the res- should be enacted that prevents the Social the Internal Revenue Code of 1986 olution contains the following non-binding Security surpluses from being used for any Sense of the Senate regarding Davis- language that expresses the will or intent of purpose other than Social Security, retire- Bacon. either or both Houses of the Congress: ment security and the reduction of the fed- Sense of the Senate regarding access to Subtitle A: The Sense of the Congress pro- eral debt. items and services under medicare program. Sense of the Senate concerning autism. visions are as follows: SENSE OF CONGRESS, HOUSE AND SENATE Sense of the Congress on the protection of PROVISIONS Sense of the Senate on women’s access to obstetric and gynecological services. the Social Security surpluses. House Resolution.—The House resolution in- Sense of the Senate on LIHEAP. Sense of the Congress on providing addi- cluded the following sense of the House or Sense of the Senate on transportation fire- tion dollars to the classroom. sense of Congress provisions: walls. Sense of the Congress on asset-building for Sense of Congress on the commission on Sense of the Senate on funding existing, ef- the working poor. international religious freedom. fective public health programs before cre- Sense of the Congress on child nutrition. Sense of the House on providing additional ating new programs. Sense of the Congress concerning funding dollars to the classroom. Sense of the Senate concerning funding for for special education. Sense of Congress on asset-building for the special education. Subtitle B: The Sense of the House provi- working poor. Sense of the Senate on the importance of sions are as follows: Sense of Congress on access to health in- Social Security for individuals who become Sense of the House on the commission on surance and preserving home health services disabled. international religious freedoms. for all Medicare beneficiaries. Sense of the Senate regarding funding for Sense of the House on assessment of wel- Sense of the House on medicare payment. intensive firearms prosecution programs. fare-to-work programs. Sense of the House on assessment of wel- Honest reporting of the deficit. Subtitle C: The Sense of the Senate provi- fare-to-work programs. Sense of the Senate concerning fostering Sense of Congress on providing honor sions are as follows: the employment and independence of indi- Sense of the Senate that the federal gov- guard services for veterans’ funerals. viduals with disabilities. ernment should not invest the Social Secu- Sense of Congress on child nutrition. Sense of the Senate regarding asset-build- rity trust funds in private financial markets. Senate amendment.—The Senate amend- ing for the working poor. Sense of the Senate regarding the mod- ment included the following sense of the Sense of the Senate that the provisions of ernization and improvement of the Medicare Senate or sense of the Congress provisions: this resolution assume that it is the policy program. Sense of the Senate on marriage penalty. of the United States to provide as soon as is Sense of the Senate on education. Sense of the Senate on improving security technologically possible an education for Sense of the Senate on providing tax relief for United States diplomatic missions. every American child that will enable each to Americans by returning the non-Social Sense of the Senate on access to Medicare child to effectively meet the challenges of Security surplus to taxpayers. home health services. the twenty-first century. Sense of the Senate regarding the deduct- Sense of the Senate concerning exemption Sense of the Senate on access to Medicare ibility of health insurance premiums of the of agricultural commodities and products, services. self-employed. medicines, and medical products from uni- Sense of the Senate on law enforcement. Sense of the Senate that tax reductions lateral economic sanctions. Sense of the Senate on improving security should go to working families. Sense of the Senate regarding capital gains for United States diplomatic missions. Sense of the Senate on the National Guard. tax fairness for family farmers. Budgeting Sense of the Senate on increased funding Sense of the Senate on effects of Social Se- for the Defense Science and Technology Pro- for the National Institutes of Health. curity reform on women. gram. Sense of the Senate on funding for Kyoto Sense of the Senate on increased funding Sense of the Senate concerning funding for protocol implementation prior to Senate for the National Institutes of Health. the Urban Parks and Recreation Recovery ratification. Sense of Congress on funding for Kyoto (UPARR) program. Sense of the Senate on TEA–21 funding and protocol implementation prior to Senate Sense of the Senate on social promotion. the States. ratification. Sense of the Senate on women and Social Sense of the Senate that the one hundred Sense of the Senate on Federal research Security reform. sixth Congress, first session, should reau- and development investment. Sense of the Congress regarding South Ko- thorize funds for the farmland protection Sense of the Senate on counter-narcotics rea’s international trade practices on pork program. funding. and beef. Sense of the Senate on the importance of Sense of the Senate regarding tribal col- Sense of the Senate regarding support for Social Security for individuals who become leges. State and local law enforcement. disabled. Sense of the Senate on the Social Security Sense of the Senate on merger enforcement Sense of the Senate on reporting of on- surplus. by Department of Justice. budget trust fund levels. Sense of the Senate on need-based student Sense of the Senate to create a task force Sense of the Senate regarding South Ko- financial aid programs. to pursue the creation of a natural disaster rea’s international trade practices on pork Findings; sense of Congress on the protec- reserve fund. and beef. tion of the Social Security surpluses. Sense of the Senate concerning Federal tax Sense of the Senate on funding for natural Sense of the Senate on providing adequate relief. disasters. funding for United States international lead- Sense of the Senate on eliminating the From the Committee on the Budget: ership. marriage penalty and across-the-board in- JOHN R. KASICH, Sense of the Senate that the Federal Gov- come tax rate cuts. SAXBY CHAMBLISS, ernment should not invest the Social Secu- Sense of the Senate on important of fund- CHRISTOPHER SHAYS, rity Trust Funds in private financial mar- ing for embassy security. Managers on the Part of the House. kets. Sense of the Senate on funding for after PETE V. DOMENICI, Sense of the Senate concerning on-budget school education. CHUCK GRASSLEY, surplus. Sense of the Senate concerning recovery of DON NICKLES, Sense of the Senate on TEA–21 funding and funds by the Federal Government in tobacco- PHIL GRAMM, the States. related litigation. SLADE GORTON, Sense of the Senate that agricultural risk Sense of the Senate on offsetting inappro- Managers on the Part of the Senate. management programs should benefit live- priate emergency spending. stock producers. Findings; sense of Congress on the Presi- f Sense of the Senate regarding the mod- dent’s fiscal year 2000 budget proposal to tax ernization and improvement of the medicare association investment income. program. Sense of the Senate regarding funding for RECESS Sense of the Senate on providing tax relief counter-narcotics initiatives. to all Americans by returning non-Social Se- Sense of the Senate on modernizing Amer- The SPEAKER pro tempore. Pursu- curity surplus to taxpayers. ica’s schools. ant to clause 12 of rule I, the Chair de- Sense of the Senate regarding tax incen- Sense of the Senate concerning funding for clares the House in recess subject to tives for education savings. the land and water conservation fund. the call of the Chair. Sense of the Senate that the One Hundred Sense of the Senate regarding support for Sixth Congress, First Session should reau- Federal, State and local law enforcement Accordingly (at 12 o’clock and 19 thorize funds for the Farmland Protection and for the Violent Crime Reduction Trust minutes a.m.), the House stood in re- Program. Fund. cess subject to the call of the Chair. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1969 b 0102 April 13 on account of a death in the 1468. A letter from the Congressional Re- view Coordinator, Animal and Plant Health AFTER RECESS family. Mr. DAVIS of Illinois (at the request Inspection Service, transmitting the Serv- ice’s final rule—Brucellosis; Procedures for The recess having expired, the House of Mr. GEPHARDT) for today and Tues- was called to order by the Speaker pro Retaining Class Free State Status [Docket day, April 13 on account of official No. 98–060–2] received April 6, 1999, pursuant tempore (Mr. OSE) at 1 o’clock and 2 business. to 5 U.S.C. 801(a)(1)(A); to the Committee on minutes a.m. Ms. KILPATRICK (at the request of Mr. Agriculture. f GEPHARDT) for today, on account of 1469. A letter from the Director, Office of business in the district. REPORT ON RESOLUTION WAIVING Regulatory Management and Information, f Environmental Protection Agency, transmit- POINTS OF ORDER AGAINST CON- ting the Agency’s final rule—Quinclorac; FERENCE REPORT ON HOUSE LEAVE OF ABSENCE Pesticide Tolerance [OPP–300820; FRL–6069–5] CONCURRENT RESOLUTION 68, By unanimous consent, leave of ab- (RIN: 2070–AB78) received March 23, 1999, pur- CONCURRENT RESOLUTION ON sence was granted to: suant to 5 U.S.C. 801(a)(1)(A); to the Com- THE BUDGET FOR FISCAL YEAR Mr. HASTINGS of Florida (at the re- mittee on Agriculture. 2000 quest of Mr. GEPHARDT) for today and 1470. A letter from the Chairman, Farm Mr. SESSIONS, from the Committee the balance of the week on account of Credit Administration Board, Farm Credit personal business. Administration, transmitting the Adminis- on Rules, submitted a privileged report tration’s final rule—Organization; Disclosure (Rept. No. 106–92) on the resolution (H. f to Shareholders; FCS Board Compensation Res. 137) waiving points of order SPECIAL ORDERS GRANTED Limits (RIN: 3052–AB79) received April 6, against the conference report to ac- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the company the concurrent resolution (H. By unanimous consent, permission to Committee on Agriculture. Con. Res. 68) establishing the congres- address the House, following the legis- 1471. A letter from the Assistant General sional budget for the United States lative program and any special orders Counsel for Regulations, Department of Government for fiscal year 2000 and heretofore entered, was granted to: Housing and Urban Development, transmit- setting forth appropriate budgetary (The following Members (at the re- ting the Department’s final rule—Builder quest of Mr. MCNULTY) to revise and Warranty for High-Ratio FHA-Insured Single levels for each of fiscal years 2001 Family Mortgages for New Homes [Docket through 2009, which was referred to the extend their remarks and include ex- traneous material:) No. FR–4288–I–01] (RIN: 2502–AH08) received House Calendar and ordered to be April 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. BLUMENAUER, for 5 minutes, printed. to the Committee on Banking and Financial today. f Services. Ms. NORTON, for 5 minutes, today. 1472. A letter from the Assistant General Ms. JACKSON-LEE of Texas, for 5 min- REPORT ON RESOLUTION PRO- Counsel for Regulations, Department of VIDING FOR CONSIDERATION OF utes, today. Housing and Urban Development, transmit- H.R. 472, LOCAL CENSUS QUALITY Mr. UNDERWOOD, for 5 minutes, today. ting the Department’s final rule—Section 8 CHECK ACT Mr. ETHERIDGE, for 5 minutes, today. Certificate and Voucher Programs Con- Mr. BERMAN, for 5 minutes, today. forming Rule; Technical Amendment [Dock- Mr. SESSIONS, from the Committee Mr. SHERMAN, for 5 minutes, today. et No. FR–4054–C–05] (RIN: 2577–AB63) re- on Rules, submitted a privileged report Ms. CAPPS, for 5 minutes, today. ceived April 8, 1999, pursuant to 5 U.S.C. (Rept. No. 106–93) on the resolution (H. Ms. ROYBAL-ALLARD, for 60 minutes, 801(a)(1)(A); to the Committee on Banking Res. 138) providing for consideration of today. and Financial Services. the bill (H.R. 472) to amend title 13, Mr. OWENS, for 60 minutes, today. 1473. A letter from the Assistant General United States Code, to require the use (The following Members (at the re- Counsel for Regulations, Department of of postcensus local review as part of quest of Ms. ROS-LEHTINEN) to revise Housing and Urban Development, transmit- each decennial census, which was re- and extend their remarks and include ting the Department’s final rule—Lead- ferred to the House Calendar and or- extraneous material:) Based Paint Poisoning Prevention in Certain Residential Structures-Information Collec- Mr. WOLF, for 5 minutes, today. dered to be printed. tion Approval Numbers; Technical Amend- Ms. ROS-LEHTINEN, for 5 minutes, f ment [Docket No. FR–4444–F–02] received today and April 14. April 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); REPORT ON RESOLUTION PRO- Mr. CUNNINGHAM, for 5 minutes, to the Committee on Banking and Financial VIDING FOR CONSIDERATION OF today. Services. HOUSE JOINT RESOLUTION 37, Mr. METCALF, for 5 minutes, today. 1474. A letter from the Assistant General TAX LIMITATION CONSTITU- Mr. DIAZ-BALART, for 5 minutes, Counsel for Regulations, Department of TIONAL AMENDMENT today and April 14. Housing and Urban Development, transmit- (The following Member (at his own Mr. SESSIONS, from the Committee ting the Department’s final rule—FHA Sin- request) to revise and extend his re- gle Family Mortgage Insurance; Statutory on Rules, submitted a privileged report marks and include extraneous mate- Changes for Maximum Mortgage Limit and (Rept. No. 106–94) on the resolution (H. rial:) Downpayment Requirement [Docket No. FR– Res. 139) providing for consideration of Mr. TANCREDO, for 5 minutes, today. 4431–F–01] (RIN: 2502–AH31) received April 8, the joint resolution (H.J. Res. 37) pro- (The following Member (at his own 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the posing an amendment to the Constitu- request) to revise and extend his re- Committee on Banking and Financial Serv- ices. tion of the United States with respect marks and include extraneous mate- to tax limitations, which was referred 1475. A letter from the Assistant General rial:) Counsel for Regulations, Department of to the House Calendar and ordered to Mr. PORTMAN, for 5 minutes, today. be printed. Housing and Urban Development, transmit- f ting the Department’s final rule—Builder f ADJOURNMENT Warranty for High-Ratio FHA-Insured Single OMISSION FROM THE CONGRES- Family Mortgages for New Homes [Docket Mr. SESSIONS. Mr. Speaker, I move No. FR–4288–C–02] (RIN: 2502–AH08) received SIONAL RECORD OF MONDAY, that the House do now adjourn. April 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); APRIL 12, 1999 The motion was agreed to; accord- to the Committee on Banking and Financial ingly (at 1 o’clock and 3 minutes a.m.), Services. the House adjourned until today, 1476. A letter from the Assistant General LEAVE OF ABSENCE Wednesday, April 14, 1999, at 10 a.m. Counsel for Regulations, Department of Housing and Urban Development, transmit- By unanimous consent, leave of ab- f sence was granted to: ting the Department’s final rule—Section 8 Certificate and Voucher Programs Con- Mrs. ROUKEMA (at the request of Mr. EXECUTIVE COMMUNICATIONS, ETC. forming Rule; Technical Amendment [Dock- ARMEY) for today, on account of the et No. FR–4054–C–04] (RIN: 2577–AB63) re- death of her mother. Under clause 8 of rule XII, executive ceived April 8, 1999, pursuant to 5 U.S.C. Ms. CARSON (at the request of Mr. communications were taken from the 801(a)(1)(A); to the Committee on Banking GEPHARDT) for today and Tuesday, Speaker’s table and referred as follows: and Financial Services. H1970 CONGRESSIONAL RECORD — HOUSE April 13, 1999 1477. A letter from the Director, Office of rine Fisheries Service, National Marine United States Code, to allow for the con- Legislative Affairs, Federal Deposit Insur- Fisheries Service, transmitting the Service’s tribution of certain rollover distributions to ance Corporation, transmitting the Corpora- final rule—Fisheries of the Economic Exclu- accounts in the Thrift Savings Plan, to tion’s final rule—Deposit Insurance Regula- sive Zone Off Alaska; Shallow-water Species eliminate certain waiting-period require- tions; Joint Accounts and ‘‘Payable-on- Fishery by Vessels using Trawl Gear in the ments for participating in the Thrift Savings Death’’ Accounts (RIN: 3064–AC16) received Gulf of Alaska [Docket No. 990304062–9062–01; Plan, and for other purposes; with an amend- April 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); I.D. 031999A] received April 6, 1999, pursuant ment (Rept. 106–87). Referred to the Com- to the Committee on Banking and Financial to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee of the Whole House on the State of Services. Resources. the Union. 1478. A letter from the Assistant Secretary 1488. A letter from the Acting Director, Of- Mr. BURTON: Committee on Government for Postsecondary Education, Department of fice of Sustainable Fisheries, National Ma- Reform. H.R. 928. A bill to require that the Education, transmitting the Department’s rine Fisheries Service, National Marine 2000 decennial census include either a gen- final rule—Preparing Tomorrow’s Teachers Fisheries Service, transmitting the Service’s eral or targeted followup mailing of census to Use Technology (CFDA No. 84.342) re- final rule—Fisheries of the Economic Exclu- questionnaires, whichever, in the judgment ceived April 6, 1999, pursuant to 5 U.S.C. sive Zone Off Alaska; Deep-water Species of the Secretary of Commerce, will be more 801(a)(1)(A); to the Committee on Education Fishery by Vessels using Trawl Gear in the effective in securing the return of census in- and the Workforce. Gulf of Alaska [Docket No. 990304062–9062–01; formation from the greatest number of 1479. A letter from the Secretary, Federal I.D. 032399C] received April 6, 1999, pursuant households possible (Rept. 106–88). Referred Trade Commission, transmitting the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee of the Whole House on the mission’s final rule—Rule Concerning Disclo- Resources. State of the Union. sures Regarding Energy Consumption and 1489. A letter from the Acting Director, Of- Mr. BURTON: Committee on Government Water Use of Certain Home Appliances and fice of Sustainable Fisheries, National Ma- Reform. H.R. 1009. A bill to authorize the Other Products Required Under the Energy rine Fisheries Service, National Marine awarding of grants to cities, counties, tribal Policy and Conservation Act (‘‘Appliance La- Fisheries Service, transmitting the Service’s organizations, and certain other entities for beling Rule’’)—received April 6, 1999, pursu- final rule—Fisheries of the Caribbean, Gulf the purpose of improving public participa- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Mexico, and South Atlantic; Coastal Mi- tion in the 2000 decennial census; with an on Commerce. gratory Pelagic Resources of the Gulf of amendment (Rept. 106–89). Referred to the 1480. A letter from the Secretary of En- Mexico and South Atlantic; Closure [Docket Committee of the Whole House on the State ergy, transmitting a draft of proposed legis- No. 961204340–7087–02; I.D. 031599C] received of the Union. lation to amend the Energy Policy and Con- March 23, 1999, pursuant to 5 U.S.C. Mr. ARCHER: Committee on Ways and servation Act to manage the Strategic Pe- 801(a)(1)(A); to the Committee on Resources. Means. H.R. 1376. A bill to extend the tax troleum Reserve more effectiviely and for 1490. A letter from the Director, Office of benefits available with respect to services other purposes; to the Committee on Com- Sustainable Fisheries, National Marine Fish- performed in a combat zone to services per- merce. eries Service, National Oceanic and Atmos- formed in the Federal Republic of 1481. A letter from the Assistant Secretary, pheric Administration, transmitting the Ad- Yugoslavaia (Serbia/Montenegro) and certain Bureau of Export Administration, transmit- ministration’s final rule—Fisheries of the other areas, and for other purposes; with an ting the Bureau’s final rule—Removal of Exclusive Economic Zone Off Alaska; amendment (Rept. 106–90). Referred to the Commercial Communications Satellites and Amendment 56 to the Fishery Management Committee of the Whole House on the State Related Items from the Department of Com- Plan for Groundfish of the Gulf of Alaska of the Union. merce’s Commerce Control List for Re- and Amendment 56 to the Fishery Manage- Mr. KASICH: Committee of Conference. transfer to the Department of State’s United ment Plan for the Groundfish Fishery of the Conference report on House Concurrent Res- States Munitions List [Docket No. 990311067– Bering Sea and Aleutian Islands Area [I.D. olution 68. Resolution establishing the con- 9067–01] (RIN: 0694–AB84) received April 6, 101498C] (RIN: 0648–AJ50) received April 6, gressional budget for the United States Gov- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ernment for fiscal year 2000 and setting forth Committee on International Relations. Committee on Resources. appropriate budgetary levels for each of fis- 1482. A letter from the Deputy Assistant 1491. A letter from the United States Court cal years 2001 through 2009 (Rept. 106–91). Or- Secretary, Bureau of Export Administration, of Appeals, transmitting an opinion of the dered to be printed. transmitting the Bureau’s final rule—Entity court; to the Committee on the Judiciary. Mr. LINDER: Committee on rules. House List: Addition of Russian Entities; and Revi- 1492. A letter from the United States Court Resolution 137. Resolution waiving points of sions to Certain Indian and Pakistani Enti- of Appeals, transmitting an opinion of the order against a conference report to accom- ties [Docket No. 970428099–9015–08] (RIN: 0694– court; to the Committee on the Judiciary. pany the concurrent resolution (H. Con. Res. 1493. A letter from the United States Court AB60) received April 6, 1999, pursuant to 5 68) establishing the congressional budget for of Appeals, transmitting an opinion of the U.S.C. 801(a)(1)(A); to the Committee on the United States Government for fiscal year court; to the Committee on the Judiciary. International Relations. 2000 and setting forth appropriate budgetary 1483. A letter from the Director, Office of 1494. A letter from the Assistant Secretary levels for each of the fiscal years 2001 Surface Mining Reclamation and Enforce- of the Army (Civil Works), Department of through 2009 (Rept. 106–92). Referred to the ment, Department of the Interior, transmit- the Army, transmitting the Department’s House Calendar. ting the Department’s final rule—Maryland final rule—Danger Zone, Chesapeake Bay, Mr. SESSIONS: Committee on Rules. Regulatory Program [MD–045–FOR] received Point Lookout to Cedar Point, Maryland— House Resolution 138. Resolution providing April 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); received April 6, 1999, pursuant to 5 U.S.C. for the consideration of the bill (H.R. 472) to to the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- amend title 13, United States Code, to re- 1484. A letter from the Director, Office of tation and Infrastructure. quire the use of postcensus local review as Surface Mining Reclamation and Enforce- 1495. A letter from the Secretary of Trans- part of each decennial census (Rept. 106–93). ment, Department of the Interior, transmit- portation, transmitting a draft of proposed Referred to the House Calendar. ting the Department’s final rule—Ohio Regu- legislation to authorize appropriations for Mr. HASTINGS of Washington: Committee latory Program [OH–244–FOR] received April fiscal years 2000 and 2001 for the United on Rules. House Resolution 139. Resolution 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to States Coast Guard, and for other purposes; providing for the consideration of the joint the Committee on Resources. jointly to the Committees on Transportation 1485. A letter from the Assistant Secretary and Infrastructure and Ways and Means. resolution (H.J. Res. 37) proposing an amend- for Fish and Wildlife and Parks, Department 1496. A letter from the Secretary of Trans- ment to the Constitution of the United of the Interior, transmitting a proposed draft portation, transmitting a draft of proposed States with respect to tax limitations (Rept. of legislation to amend the National Trails legislation to authorize appropriations for 106–93). Referred to the House Calendar. System Act to designate El Camino Real de Fiscal years 2000 and 2001 for certain mari- f los Tejas as a National Historic Trail; to the time programs of the Department of Trans- Committee on Resources. portation, and for other purposes; jointly to 1486. A letter from the Acting Director, Of- the Committees on Transportation and In- PUBLIC BILLS AND RESOLUTIONS fice of Sustainable Fisheries, National Ma- frastructure and Armed Services. Under clause 2 of rule XII, public rine Fisheries Service, transmitting the f Service’s final rule—Fisheries of the Exclu- bills and resolutions were introduced sive Economic Zone Off Alaska; Trawling in REPORTS OF COMMITTEES ON and severally referred, as follows: Steller Sea Lion Critical Habitat in the Cen- PUBLIC BILLS AND RESOLUTIONS By Mr. ARCHER (for himself, Mr. RAN- tral Aleutian District of the Bering Sea and Under clause 2 of rule XIII, reports of GEL, Mr. CRANE, Mr. THOMAS, Mr. SHAW, Mrs. JOHNSON of Connecticut, Aleutian Islands [Docket No. 990304063–9063– committees were delivered to the Clerk 01; I.D. 033199A] received April 8, 1999, pursu- Mr. HOUGHTON, Mr. HERGER, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee for printing and reference to the proper MCCRERY, Mr. CAMP, Mr. RAMSTAD, on Resources. calendar, as follows: Mr. NUSSLE, Mr. SAM JOHNSON of 1487. A letter from the Acting Director, Of- Mr. BURTON: Committee on Government Texas, Ms. DUNN, Mr. COLLINS, Mr. fice of Sustainable Fisheries, National Ma- Reform. H.R. 208. A bill to amend title 5, PORTMAN, Mr. ENGLISH, Mr. WATKINS, April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1971

Mr. HAYWORTH, Mr. WELLER, Mr. lating overtime compensation will not be af- routine patient care costs for Medicare bene- HULSHOF, Mr. MCINNIS, Mr. LEWIS of fected by certain additional payments; to the ficiaries with cancer who are enrolled in an Kentucky, Mr. FOLEY, Mr. STARK, Committee on Education and the Workforce. approved clinical trial program; to the Com- Mr. MATSUI, Mr. COYNE, Mr. LEVIN, By Mr. BATEMAN: mittee on Ways and Means, and in addition Mr. CARDIN, Mr. KLECZKA, Mr. LEWIS H.R. 1382. A bill to amend the Fair Labor to the Committee on Commerce, for a period of Georgia, Mr. NEAL of Massachu- Standards Act of 1938 to provide an exemp- to be subsequently determined by the Speak- setts, Mr. MCNULTY, Mr. JEFFERSON, tion from overtime compensation for fire- er, in each case for consideration of such pro- Mr. TANNER, Mr. BECERRA, Mrs. fighters and rescue squad members who vol- visions as fall within the jurisdiction of the THURMAN, Mr. DOGGETT, Mr. unteer their services; to the Committee on committee concerned. FOSSELLA, and Mr. SWEENEY): Education and the Workforce. By Mr. MANZULLO (for himself, Mr. H.R. 1376. A bill to extend the tax benefits H.R. 1383. A bill to amend the Internal Rev- MATSUI, Mr. TAYLOR of North Caro- available with respect to services performed enue Code of 1986 to allow registered vendors lina, Mr. EHLERS, Mr. ISTOOK, Mr. in a combat zone to services performed in to administer refunds of Federal excise taxes STUMP, Mr. DOOLITTLE, Mr. CONDIT, the Federal Republic of Yugoslavia (Serbia/ on kerosene used in unvented heaters for Mr. BALDACCI, Mr. GEJDENSON, Mr. Montenegro) and certain other areas, and for home heating purposes; to the Committee on FRANK of Massachusetts, Mr. MORAN other purposes; to the Committee on Ways Ways and Means. of Kansas, Ms. WOOLSEY, Mr. HILL of and Means. By Mr. CANNON (for himself, Mr. Montana, Ms. SCHAKOWSKY, Mr. FIL- By Mr. WELLER (for himself, Mr. MCINNIS, and Mr. HAYWORTH): NER, Mr. BACHUS, Mr. MCGOVERN, Mr. JACKSON of Illinois, Mr. HASTERT, Mr. H.R. 1384. A bill to authorize an interpre- BILBRAY, Mr. BROWN of California, CRANE, Mr. HYDE, Mr. LIPINSKI, Mr. tive center and related visitor facilities Mr. DOYLE, Mr. HOSTETTLER, Mr. PORTER, Mr. EWING, Mr. SHIMKUS, Mr. within the Four Corners Monument Tribal FROST, Mrs. MYRICK, Mr. THORN- EVANS, Mr. DAVIS of Illinois, Mr. Park, and for other purposes; to the Com- BERRY, Mr. SUNUNU, Mr. SALMON, Mr. BLAGOJEVICH, Mrs. BIGGERT, Ms. mittee on Resources. EWING, Mr. NETHERCUTT, Mr. GREEN SCHAKOWSKY, Mr. COSTELLO, Mr. By Mrs. EMERSON: of Texas, Ms. PRYCE of Ohio, and Mrs. RUSH, Mr. GUTIERREZ, Mr. MANZULLO, H.R. 1385. A bill to amend title XVIII of the MCCARTHY of New York): Mr. LAHOOD, and Mr. PHELPS): Social Security Act to repeal the financial H.R. 1389. A bill to amend the Internal Rev- H.R. 1377. A bill to designate the facility of limitation on rehabilitation services under enue Code of 1986 to repeal the information the United States Postal Service at 13234 part B of the Medicare Program; to the Com- reporting requirement relating to the Hope South Baltimore Avenue in Chicago, Illinois, mittee on Commerce, and in addition to the Scholarship and Lifetime Learning Credits as the ‘‘John J. Buchanan Post Office Build- Committee on Ways and Means, for a period imposed on educational institutions and cer- ing’’; to the Committee on Government Re- to be subsequently determined by the Speak- tain other trades and businesses; to the Com- form. er, in each case for consideration of such pro- mittee on Ways and Means. By Mr. BARTON of Texas (for himself visions as fall within the jurisdiction of the By Mr. OWENS: and Mr. HALL of Texas): committee concerned. H.R. 1390. A bill to amend the Internal Rev- H.R. 1378. A bill to authorize appropria- By Mr. GREEN of Wisconsin (for him- enue Code of 1986 to reduce the rates of in- tions for carrying out pipeline safety activi- self, Mr. TERRY, Mr. NUSSLE, Mr. come tax imposed on indvidual taxpayers by ties under chapter 601 of title 49, United SKEEN, Mr. POMBO, Mr. SHOWS, Mr. 3 percentage points, to provide for a carry- States Code; to the Committee on Transpor- METCALF, Mr. ISTOOK, Mr. over basis of property acquired from a dece- tation and Infrastructure, and in addition to NETHERCUTT, Mr. SCHAFFER, Mr. dent, and for other purposes; to the Com- the Committee on Commerce, for a period to MCHUGH, Mr. HANSEN, Mrs. EMERSON, mittee on Ways and Means. be subsequently determined by the Speaker, Mr. LIPINSKI, Mr. NEY, Mr. RYUN of By Mr. REGULA (for himself and Mr. in each case for consideration of such provi- Kansas, Mr. HILL of Montana, Mr. MURTHA): sions as fall within the jurisdiction of the RYAN of Wisconsin, Mr. PETRI, Mr. H.R. 1391. A bill to require the Adminis- trator of the Environmental Protection committee concerned. SWEENEY, Mr. BURTON of Indiana, Mr. Agency to establish a program under which By Mr. GILMAN: GILMAN, and Mr. HASTINGS of Wash- H.R. 1379. A bill to amend the Omnibus ington): States may be certified to carry out vol- Consolidated and Emergency Supplemental H.R. 1386. A bill to amend the Internal Rev- untary environmental cleanup programs and Appropriations Act, 1999, to make a tech- enue Code of 1986 to exclude from gross in- to amend CERCLA regarding the liability of nical correction relating to an emergency come gain on the sale of a family farming landowners and prospective purchasers; to supplemental appropriation for international business to a family member; to the Com- the Committee on Commerce, and in addi- tion to the Committee on Transportation narcotics control and law enforcement as- mittee on Ways and Means. and Infrastructure, for a period to be subse- sistance; to the Committee on International By Mrs. JOHNSON of Connecticut (for quently determined by the Speaker, in each Relations. herself, Mr. FILNER, Mr. SHOWS, Mrs. case for consideration of such provisions as By Mr. BALLENGER (for himself, Mr. CHENOWETH, Mr. OLVER, Mr. ENGLISH, fall within the jurisdiction of the committee GOODLING, Ms. DUNN, Mrs. FOWLER, Mr. KENNEDY of Rhode Island, Mr. concerned. Mr. STENHOLM, Mrs. ROUKEMA, Mr. MCNULTY, Mrs. KELLY, Mr. NEY, Mr. By Mr. STARK: DOOLEY of California, Mrs. MYRICK, MCGOVERN, Mr. BOEHLERT, Mr. H.R. 1392. A bill to amend title XVIII of the Mr. SHAYS, Ms. PRYCE of Ohio, Mr. UNDERWOOD, Mr. GUTIERREZ, Ms. Social Security Act to authorize the Sec- CAMPBELL, Ms. GRANGER, Mrs. WOOLSEY, Mr. DOYLE, Mrs. MORELLA, retary of Health and Human Services to NORTHUP, Mr. GREENWOOD, Mrs. Mr. PAYNE, Mr. RODRIGUEZ, Mr. enter into contracts with providers of serv- CUBIN, Mrs. CHENOWETH, Mr. BARRETT FALEOMAVAEGA, Mr. STRICKLAND, Mr. ices to furnish certain inpatient hospital of Nebraska, Mrs. BONO, Mr. WYNN, Mr. DAVIS of Florida, Mr. services at an all-inclusive rate of payment; BOEHNER, Mrs. BIGGERT, Mr. HOEK- CLEMENT, Mr. DIAZ-BALART, Mr. JEF- to the Committee on Ways and Means, and in STRA, Mr. MCKEON, Mr. SAM JOHNSON FERSON, Ms. LOFGREN, Mr. METCALF, addition to the Committee on Commerce, for of Texas, Mr. TALENT, Mr. GRAHAM, Mr. HALL of Ohio, Mrs. MEEK of Flor- a period to be subsequently determined by Mr. NORWOOD, Mr. SCHAFFER, Mr. ida, Mr. HILL of Montana, Mr. the Speaker, in each case for consideration DEAL of Georgia, Mr. HILLEARY, Mr. LAMPSON, Mr. GRAHAM, Mr. BISHOP, of such provisions as fall within the jurisdic- KNOLLENBERG, Mr. LATHAM, Mr. Mr. LEVIN, Mr. WOLF, Mrs. MYRICK, tion of the committee concerned. CUNNINGHAM, Mr. EHRLICH, Mr. PE- Mr. GOODLING, Mr. LIPINSKI, Ms. By Mr. WATTS of Oklahoma: TERSON of Pennsylvania, Mr. BURR of BERKLEY, Mr. GONZALEZ, and Mr. H.R. 1393. A bill to provide wage parity for North Carolina, Mr. MILLER of Flor- SPRATT): certain Department of Defense employees in ida, Mr. BARTLETT of Maryland, Mr. H.R. 1387. A bill to amend title 38, United Texas and Oklahoma; to the Committee on GOODLATTE, Mr. KOLBE, Mr. HANSEN, States Code, to provide for Government fur- Government Reform. Mr. TAYLOR of North Carolina, Mr. nished headstones or markers for the marked By Mr. MCCOLLUM (for himself, Mr. COBLE, Mr. WATKINS, Mr. RILEY, Mr. graves of veterans; to the Committee on Vet- CANADY of Florida, Mr. GOSS, Mr. WELDON of Florida, Mr. SMITH of erans’ Affairs. YOUNG of Florida, Ms. BROWN of Flor- Michigan, Mr. SPENCE, and Mr. By Mrs. JOHNSON of Connecticut (for ida, Mrs. MEEK of Florida, Mr. FOLEY, HASTINGS of Washington): herself, Mr. CARDIN, Mr. ENGLISH, Mr. Mr. DAVIS of Florida, Mr. BILIRAKIS, H.R. 1380. A bill to amend the Fair Labor WAXMAN, Mrs. THURMAN, Mr. SALM- Mr. MICA, Mr. WELDON of Florida, Mr. Standards Act of 1938 to provide compen- ON, Mr. TOWNS, Mrs. KELLY, Mr. STEARNS, Mr. DEUTSCH, Mr. MILLER satory time for employees in the private sec- OBERSTAR, Mrs. MORELLA, Mr. of Florida, and Mr. HASTINGS of Flor- tor; to the Committee on Education and the MCNULTY, Mr. WELDON of Pennsyl- ida): Workforce. vania, Mr. SHOWS, Mr. SANDERS, Mrs. H.R. 1394. A bill to provide for the appoint- By Mr. BALLENGER (for himself, Mr. MALONEY of New York, Mr. FROST, ment of additional Federal district judges in GOODLING, and Mr. DICKEY): Mr. FRANK of Massachusetts, Mr. the State of Florida, and for other purposes; H.R. 1381. A bill to amend the Fair Labor MOORE, and Mr. GONZALEZ): to the Committee on the Judiciary. Standards Act of 1938 to provide that an em- H.R. 1388. A bill to establish a demonstra- By Mr. HUNTER (for himself and Mr. ployee’s ‘‘regular rate’’ for purposes of calcu- tion project to study and provide coverage of CALVERT): H1972 CONGRESSIONAL RECORD — HOUSE April 13, 1999

H.R. 1395. A bill to amend the Clean Air 18. Also, a memorial of the House of Rep- H.R. 570: Mr. RYAN of Wisconsin. Act to suspend the application of certain resentatives of the Commonwealth of Massa- H.R. 573: Mr. BRYANT, Mr. BLILEY, Mr. motor vehicle fuel requirements in areas chusetts, relative to a memorial urging Con- WALSH, Mr. FORBES, Mr. RILEY, Mr. SMITH of within the State of California during certain gress and the President of the United States New Jersey, Mr. DAVIS of Virginia, Mr. periods in order to reduce the retail cost of to take immediate action to work in unison KUYKENDALL, and Mr. HULSHOF. gasoline, and for other purposes; to the Com- to pass a Patient’s Bill of Rights and con- H.R. 574: Mr. SESSIONS. mittee on Commerce. front this impending health care crisis in the H.R. 583: Mr. BONIOR. By Ms. MCKINNEY (for herself, Mr. best interest of all Americans; to the Com- H.R. 595: Ms. SLAUGHTER, Mr. BERMAN, Ms. LEACH, Mr. ACKERMAN, Mr. ANDREWS, mittee on Commerce. LOFGREN, Mr. BLAGOJEVICH, Mr. COSTELLO, Mr. FORBES, Mr. GUTIERREZ, Mr. f Ms. BROWN of Florida, and Ms. PELOSI. HASTINGS of Florida, Mr. LEWIS of H.R. 632: Mr. SALMON. Georgia, Mr. MCDERMOTT, Mr. PAYNE, PRIVATE BILLS AND H.R. 655: Mr. KUCINICH, Mr. NEY, Mr. Mr. LANTOS, Mr. WEXLER, Mrs. MEEK RESOLUTIONS SHOWS, Mr. LEWIS of Georgia, Mrs. CAPPS, of Florida, Mrs. JONES of Ohio, Mr. Ms. LOFGREN, and Mr. NEAL of Massachu- RUSH, Mr. CLAY, Mr. FILNER, Mr. Under clause 3 of rule XII, Mr. YOUNG of Alaska introduced a bill setts. WAXMAN, Mr. STARK, Mr. LUTHER, H.R. 673: Mr. CANADY of Florida and Mrs. C OVERN LECZKA (H.R. 1397) for the relief of Herman J. Mr. M G , Mr. K , Mr. MEEK of Florida. DIXON, Mr. MARKEY, Mr. FRANK of Koehler, III; which was referred to the Com- H.R. 681: Mr. GARY MILLER of California. Massachusetts, Mr. MARTINEZ, Mr. mittee on the Judiciary. H.R. 691: Mr. ANDREWS. PASCRELL, Mr. BARRETT of Wisconsin, f H.R. 716: Mr. MCDERMOTT. Ms. WOOLSEY, Mr. OWENS, Ms. ADDITIONAL SPONSORS H.R. 721: Mr. MCDERMOTT. LOFGREN, Ms. RIVERS, Mr. BONIOR, H.R. 732: Mr. WATT of North Carolina, Mr. Mr. MEEKS of New York, Ms. LEE, Mr. Under clause 7 of rule XII, sponsors LUCAS of Kentucky, Mr. BAIRD, Mr. WEXLER, CONYERS, Mr. LARSON, Mr. KUCINICH, were added to public bills and resolu- Mr. TOWNS, Mr. DICKS, Mr. WEINER, Mr. Mr. JACKSON of Illinois, Ms. tions as follows: BENTSEN, Mr. CUMMINGS, Mr. ABERCROMBIE, DELAURO, Mr. FRANKS of New Jersey, H.R. 14: Mr. HASTINGS of Washington and Mr. SANDERS, and Ms. WATERS. Ms. WATERS, Mr. FORD, Mr. BROWN of Mr. NUSSLE. H.R. 740: Mr. COYNE, Mr. BONIOR, Mr. VIS- California, Mr. CAPUANO, Mr. HOLT, H.R. 25: Mrs. LOWEY, Mr. CAPUANO, and Mr. CLOSKY, Mr. LIPINSKI, Mr. GUTIERREZ, and Mr. TOWNS, and Ms. BALDWIN): Mr. STRICKLAND. H.R. 1396. A bill to save taxpayers money, MALONEY of Connecticut. reduce the deficit, cut corporate welfare, and H.R. 36: Mr. DOOLEY of California, Mr. H.R. 745: Mr. GONZALEZ. protect and restore America’s natural herit- RUSH, Mrs. THURMAN, Mr. EVANS, Mr. MAR- H.R. 746: Mr. HINCHEY. age by eliminating the fiscally wasteful and TINEZ, Mr. MCNULTY, Mr. CONYERS, Ms. H.R. 765: Mr. DICKEY, Mr. MINGE, Mr. ecologically destructive commercial logging DELAURO, Mr. ANDREWS, and Mr. HOSTETTLER, and Mr. HINOJOSA. program on Federal public lands and to fa- BLAGOJEVICH. H.R. 775: Mr. METCALF, Mr. KINGSTON, Mr. cilitate the economic recovery and diver- H.R. 40: Mr. MEEKS of New York and Mr. SAM JOHNSON of Texas, Mr. BAKER, and Mr. sification of communities dependent on the FALEOMAVAEGA. BACHUS. Federal logging program; to the Committee H.R. 45: Mr. DAVIS of Illinois, Mr. WEXLER, H.R. 803: Mr. SHOWS, Mr. GUTIERREZ, Mr. on Agriculture, and in addition to the Com- and Mr. CUNNINGHAM. HOSTETTLER, Mr. KUYKENDALL, Mr. DICKEY, mittees on Resources, and Education and the H.R. 49: Mr. GONZALEZ and Ms. LOFGREN. Mr. GARY MILLER of California, and Mr. Workforce, for a period to be subsequently H.R. 53: Mr. DICKEY and Mr. GONZALEZ. RILEY. determined by the Speaker, in each case for H.R. 61: Mr. HINCHEY. H.R. 815: Mr. BAKER, Mr. CONDIT, Mr. BUR- consideration of such provisions as fall with- H.R. 119: Mr. TANCREDO, Mr. WHITFIELD, TON of Indiana, Mr. POMBO, Mr. SHIMKUS, Mr. in the jurisdiction of the committee con- and Mr. THUNE. CALVERT, Mr. RYUN of Kansas, and Mr. cerned. H.R. 120: Mr. GARY MILLER of California. DOOLEY of California. By Mr. GOODLING (for himself, Mr. H.R. 121: Mr. SHOWS. H.R. 833: Mr. COLLINS, Mr. GORDON, Mr. BASS, Mr. FRELINGHUYSEN, Mr. CAS- H.R. 152: Mr. PAUL. MCINTOSH, and Mr. SCARBOROUGH. TLE, Mr. MCKEON, Mrs. ROUKEMA, Mr. H.R. 205: Mr. SHOWS. H.R. 881: Mr. BRADY of Pennsylvania, Mr. BALLENGER, Mr. BOEHNER, Mr. HOEK- H.R. 212: Mr. CUNNINGHAM, Mr. DOOLEY of HALL of Texas, Mr. PAUL, and Mr. FOLEY. STRA, Mr. GREENWOOD, Mr. GRAHAM, California, Mr. MORAN of Kansas, Mr. JOHN, H.R. 889: Ms. BERKLEY, Mr. GUTIERREZ, Mr. Mr. NORWOOD, Mr. UPTON, Mr. and Mr. CUMMINGS. HINCHEY, Mr. PASCRELL, Mr. PAYNE, Mr. HAYWORTH, Mr. HILLEARY, Mr. SALM- H.R. 216: Mr. WOLF and Mr. CAPUANO. PRICE of North Carolina, and Ms. SLAUGHTER. ON, Mr. TANCREDO, Mr. BALDACCI, Mr. H.R. 218: Mr. JONES of North Carolina, Mr. H.R. 890: Ms. BERKLEY, Mr. GUTIERREZ, Mr. BILBRAY, Mr. BLUNT, Mr. BOEHLERT, BOUCHER, Mr. JOHN, Mrs. CUBIN, Mr. AN- HINCHEY, Mr. PASCRELL, Mr. PAYNE, Mr. Mr. CHAMBLISS, Mr. CUNNINGHAM, Ms. DREWS, Mr. DICKEY, and Mr. BILIRAKIS. PRICE of North Carolina, and Ms. SLAUGHTER. DUNN, Mr. ENGLISH, Mr. EWING, Mrs. H.R. 353: Ms. BERKLEY, Mr. EHLERS, Mr. H.R. 912: Ms. BALDWIN. FOWLER, Mr. HERGER, Mr. HILL of KLINK, Mr. NEAL of Massachusetts, Mr. H.R. 914: Mr. FALEOMAVAEGA. Montana, Mrs. KELLY, Mr. MCCOL- MOAKLEY, Mr. RILEY, Mr. DUNCAN, Mr. H.R. 925: Mr. FRANK of Massachusetts, Mr. LUM, Mr. MOORE, Mr. MORAN of Kan- WEINER, Mr. RUSH, Mr. TRAFICANT, Mr. WEXLER, Mr. MCGOVERN, Ms. KAPTUR, Ms. sas, Mrs. MYRICK, Mr. NETHERCUTT, LATOURETTE, Mrs. CHRISTENSEN, and Mr. JACKSON-LEE of Texas, and Mr. BENTSEN. Mr. NUSSLE, Mr. PETERSON of Penn- DIXON. H.R. 941: Mr. CAMP and Mr. GONZALEZ. sylvania, Mr. RAMSTAD, Mr. SES- H.R. 371: Ms. BALDWIN, Mr. HUNTER, and H.R. 952: Mr. BISHOP. SIONS, Mr. SHOWS, Mr. SUNUNU, Mr. Mr. BARRETT of Wisconsin. H.R. 961: Ms. LOFGREN, Mrs. LOWEY, Mr. THUNE, Mr. TRAFICANT, and Mr. H.R. 372: Mrs. JOHNSON of Connecticut, LEWIS of Georgia, Mrs. CAPPS, Ms. JACKSON- WELDON of Florida): Mrs. EMERSON, and Mr. GORDON. LEE of Texas, Mr. GONZALEZ, and Ms. H. Con. Res. 84. Concurrent resolution urg- H.R. 380: Mrs. MALONEY of New York, Mr. SLAUGHTER. ing the Congress and the President to fully CAPUANO, Mr. HAYES, Mr. DAVIS of Virginia, H.R. 984: Mr. FOLEY, Mr. DOOLEY of Cali- fund the Federal Government’s obligation Mr. OLVER, Mr. GILMAN, Mr. SAWYER, and fornia, and Mr. MORAN of Virginia. under the Individuals with Disabilities Edu- Mr. HOLT. H.R. 989: Mr. FROST, Mr. LOBIONDO, and Mr. cation Act; to the Committee on Education H.R. 382: Mr. DAVIS of Illinois, Ms. BERK- SHOWS. and the Workforce. LEY, and Mr. FRANK of Massachusetts. H.R. 991: Mr. DINGELL, Mr. PHELPS, Mr. f H.R. 383: Mr. ROEMER, Mr. ACKERMAN, Mr. PALLONE, and Ms. BERKLEY. SERRANO, and Ms. DUNN. H.R. 999: Mr. SHAW and Mr. LOBIONDO. MEMORIALS H.R. 389: Ms. BERKLEY. H.R. 1006: Mrs. JOHNSON of Connecticut. Under clause 3 of rule XII, memorials H.R. 407: Mr. GIBBONS. H.R. 1029: Mr. GEORGE MILLER of Cali- were presented and referred as follows: H.R. 417: Mr. COYNE. fornia. 17. The SPEAKER presented a memorial of H.R. 443: Mr. MARKEY. H.R. 1040: Mrs. MYRICK and Mr. HEFLEY. the Senate of the State of New Hampshire, H.R. 486: Mr. SMITH of New Jersey, Mr. H.R. 1046: Ms. KAPTUR, Mr. JEFFERSON, Mr. relative to Senate Resolution No. 4 urging OBERSTAR, Mr. DUNCAN, Mr. MURTHA, Ms. WEYGAND, Mr. LAMPSON, Mr. WEXLER, Mr. the President and the Congress to fund 40 CARSON, Mr. FOLEY, Mr. SABO, Mr. GILLMOR, HILLIARD, Mr. TRAFICANT, Mr. CRANE, Mr. percent of the average per pupil expenditure Mr. BOUCHER, and Mr. JENKINS. CRAMER, and Mr. SKEEN. in public elementary and secondary schools H.R. 488: Mr. WAXMAN, Mr. PORTER, and H.R. 1050: Mr. EVANS. in the United States as promised under the Mr. BERMAN. H.R. 1051: Mr. DOYLE and Mr. BRADY of IDEA to ensure that all children, regardless H.R. 505: Mr. FROST, Mr. HORN, and Mr. Pennsylvania. of disability, received a quality education GONZALEZ. H.R. 1053: Mr. LEWIS of Georgia and Mr. and are treated with the dignity and respect H.R. 538: Mr. CRAMER. UNDERWOOD. they deserve; to the Committee on Edu- H.R. 544: Mr. BARRETT of Wisconsin. H.R. 1063: Mr. ALLEN, Mr. STUPAK, Mr. cation and the Workforce. H.R. 566: Mr. GONZALEZ and Mr. CAPUANO. PAYNE, and Mr. POMBO. April 13, 1999 CONGRESSIONAL RECORD — HOUSE H1973

H.R. 1070: Mr. MENENDEZ, Mrs. MEEK of Mrs. CHRISTENSEN, Mrs. LOWEY, and Mr. H.J. Res. 44: Mr. GOODLING. Florida, Ms. SCHAKOWSKY, Mr. DAVIS of Flor- SANDLIN. H. Con. Res. 8: Mrs. BIGGERT. ida, Mr. FARR of California, Mr. DIAZ- H.R. 1195: Mr. JOHN, Mr. BAKER, Mr. H. Con. Res. 16: Mr. BONILLA and Mr. BALART, Ms. DEGETTE, Mr. BERMAN, Mr. COOKSEY, Mr. TAUZIN, Mr. GORDON, Mr. SUNUNU. BLAGOJEVICH, Ms. NORTON, Ms. SANCHEZ, Mr. TANCREDO, Mr. BARCIA, Mr. HEFLEY, and Mrs. H. Con. Res. 31: Mr. CRAMER, Mr. CAPUANO, WEINER, Mr. GONZALEZ, Mr. SANDLIN, Mr. EMERSON. and Ms. BROWN of Florida. MARTINEZ, Mr. BASS, Mr. CAPUANO, Mrs. H.R. 1199: Mr. UNDERWOOD. H. Con. Res. 35: Ms. DANNER and Mrs. LOWEY, Mrs. MALONEY of New York, Mr. H.R. 1221: Mr. KNOLLENBERG, Mr. CAPUANO, CHRISTENSEN. PHELPS, Mrs. NAPOLITANO, Ms. EDDIE BER- Mr. WEYGAND, Mr. BLAGOJEVICH, Mr. ED- H. Con. Res. 39: Mr. LARGENT and Mr. SAM NICE JOHNSON of Texas, Ms. LEE, and Ms. WARDS, and Mr. PAYNE. JOHNSON of Texas. DELAURO. H.R. 1222: Mr. ALLEN and Mr. BRADY of H. Con. Res. 60: Mr. SCARBOROUGH, Mrs. H.R. 1080: Mr. FROST. Pennsylvania. LOWEY, Mr. GOODE, Mr. PETRI, Mr. H.R. 1082: Mr. INSLEE, Mr. CLYBURN, Mr. H.R. 1227: Ms. BROWN of Florida. CUMMINGS, Mr. CONDIT, Mr. WOLF, Mr. MEE- WU, and Mr. MORAN of Virginia. H.R. 1244: Mrs. EMERSON, Mr. GONZALEZ, HAN, Mr. FRANKS, of New Jersey, Ms. ROY- H.R. 1084: Mr. SCHAFFER. and Mr. CRAMER. BAL-ALLARD, Mr. STUPAK, Ms. DANNER, Ms. H.R. 1085: Mr. GREEN of Texas and Mr. H.R. 1250: Mr. KING. BERKLEY, Mr. CLEMENT, Ms. RIVERS, Mr. FROST. H.R. 1283: Mr. CUNNINGHAM, Mr. SAM JOHN- OLVER, Mr. GONZALEZ, Mrs. MYRICK, Mr. H.R. 1086: Ms. NORTON, Ms. BROWN of Flor- SON of Texas, Mr. MCINTOSH, Ms. DUNN, Mr. HOLDEN, Mr. BORSKI, and Mr. OXLEY. ida, and Mrs. CHRISTENSEN. COMBEST, Mr. PASCRELL, Mr. BARR of Geor- H. Con. Res. 63: Mr. HERGER, Mr. H.R. 1108: Mr. GEORGE MILLER of California gia, and Mrs. MYRICK. HAYWORTH, and Mr. DUNN. and Mr. ENGLISH. H.R. 1285: Mr. GONZALEZ, Mr. LEWIS of H. Con. Res. 66: Mr. MCKEON. H.R. 1112: Ms. BERKLEY. Georgia, and Mr. SANDERS. H. Con. Res. 78: Mr. ALLEN, Ms. KIL- H.R. 1115: Mr. WYNN, Mr. KLINK, Ms. DAN- H.R. 1288: Mr. KANJORSKI, Mr. ACKERMAN, PATRICK, Mr. MCDERMOTT, Mr. OLVER, Mr. NER, Mr. SPRATT, Mrs. MALONEY of New Mr. FROST, and Mr. GRAHAM. WEXLER, Ms. LOFGREN, Mr. GONZALEZ, Mr. York, and Mr. CAPUANO. H.R. 1291: Mr. BRYANT, Mr. WISE, Mr. MEEHAN, Mr. RUSH, Mr. WYNN, Mr. PAYNE, H.R. 1118: Mr. JEFFERSON. LARGENT, Mr. FILNER, Mr. FORBES, Mr. Mr. MCNULTY, and Mr. FROST. H.R. 1123: Mr. OLVER, Mr. HINCHEY, and Ms. LUCAS of Kentucky, Mr. PICKERING, Mr. H. Con. Res. 79: Mr. POMEROY, Mr. WOOLSEY. UNDERWOOD, Mr. HOLT, Mr. FRANKS of New MCINTOSH, Mr. PASCRELL, Mr. CONDIT, H.R. 1144: Ms. MILLENDER-MCDONALD. Jersey, Mr. WU, Mr. LATOURETTE, Mr. CAS- Mr. RODRIGUEZ, Mr. RAHALL, Mr. SANDERS, H.R. 1145: Mrs. MEEK of Florida. TLE, Mr. TAYLOR of North Carolina, Mr. BUR- Mr. HILLEARY, Mr. BONILLA, Mr. JENKINS, Mr. H.R. 1169: Mr. SERRANO, Mr. GREEN of TON of Indiana, Ms. DUNN, Mr. GREEN of WEYGAND, Mr. HILLIARD, Mr. BENTSEN, Mr. Texas, Mr. DAVIS of Illinois, Mr. LAFALCE, Texas, and Mr. FLETCHER. MASCARA, Mr. WATTS of Oklahoma, Mr. and Ms. LOFGREN. H.R. 1307: Mr. CUMMINGS, Mr. SANDERS, and ALLEN, Mr. FROST, Mr. WAMP, Mr. H.R. 1170: Mr. SERRANO, Mr. FILNER, and Mr. GONZALEZ. HOSTETTLER, Mr. SERRANO, Mr. MURTHA, Mr. Ms. LOFGREN. H.R. 1335: Ms. MILLENDER-MCDONALD. WISE, Mr. VISCLOSKY, Mr. CRAMER, Mr. H.R. 1177: Mr. GRAHAM. H.R. 1342: Mr. PORTER, Mrs. ROUKEMA, Mr. HUTCHINSON, and Mr. FATTAH. H.R. 1178: Mr. LEWIS of Kentucky, Mr. TAY- WAXMAN, Mr. PASCRELL, Mr. CASTLE, Mr. H. Con. Res. 82: Mr. GOODLING and Mr. LOR of North Carolina, Mr. WAMP, Mr. MORAN FARR of California, Mr. SHAYS, Mr. SHERMAN, SCARBOROUGH. of Kansas, Mr. SIMPSON, Mr. METCALF, Mr. Mr. GEORGE MILLER of California, Mrs. H. Con. Res. 41: Mr. BRADY of Pennsyl- GILLMOR, Mr. ADERHOLT, Mrs. EMERSON, Mr. MORELLA, Mr. MCGOVERN, Mr. WEINER, Mr. vania, Mr. KLECZKA, Ms. SLAUGHTER, and Mr. SCHAFFER, Mr. HEFLEY, Mr. STUMP, Mr. BLUMENAUER, Mr. ENGEL, Mrs. LOWEY, Mr. WEINER. GOODE, Mr. NORWOOD, Mr. SUNUNU, Mr. DELAHUNT, Mr. BLAGOJEVICH, Mr. ACKERMAN, H. Res. 55: Mr. NETHERCUTT. PETRI, Mr. PICKERING, Mr. RAHALL, Mr. NEY, Mr. LUTHER, Ms. LOFGREN, and Mr. KENNEDY H. Res. 80: Mr. GEKAS. Mr. RYAN of Wisconsin, Mr. HILL of Montana, of Rhode Island. H. Res. 82: Mr. OLVER and Mr. UNDERWOOD. Ms. DANNER, Mr. SHIMKUS, Mr. ENGLISH, Mr. H.R. 1355: Ms. DELAURO, Mr. COYNE, Mr. H. Res. 89: Mr. LEWIS of Georgia, Mrs. MINK Lucas of Kentucky, Mr. PETERSON of Min- HALL of Ohio and Ms. DEGETTE. of Hawaii, Mr. CUMMINGS, Mr. BILBRAY, Mr. nesota, Mr. BOUCHER, Mr. HASTINGS of Wash- H.R. 1356: Mr. ROHRABACHER and Ms. KIL- BILIRAKIS, Mrs. CAPPS, Ms. HOOLEY of Or- ington, Mr. HOSTETTLER, Mr. BARCIA, and PATRICK. egon, Mr. COYNE, Mr. PHELPS, and Mr. WAMP. Mr. CAMP. H.R. 1370: Mr. LAZIO. H. Res. 94: Mr. CANADY of Florida. H.R. 1180: Mr. DIXON, Mr. CUMMINGS, Mr. H.R. 1371: Ms. ROS-LEHTINEN, Ms. WATERS, f POMEROY, Mr. QUINN, Ms. DUNN, Mr. OBER- and Mr. LAZIO. STAR, Mr. PETERSON of Minnesota, Mr. H.J. Res. 1: Mrs. NORTHUP. AMENDMENTS FROST, and Mr. WALSH. H.J. Res. 37: Mr. FLETCHER, Mr. ISAKSON, H.R. 1187: Mr. ABERCROMBIE, Mr. LEWIS of Mr. COBLE, and Mr. SHOWS. Under clause 8 of rule XVIII, pro- Georgia, Ms. MCCARTHY of Missouri, Mr. H.J. Res. 41: Mr. SHAYS, Mrs. TAUSCHER, posed amendments were submitted as PASTOR, Mr. DUNCAN, Mr. BLAGOJEVICH, Mr. Mr. HINCHEY, Mr. MARKEY, Mr. OLVER, Ms. follows: KILDEE, Mr. DIAZ-BALART, Mr. WU, Mr. KILPATRICK, Mr. WEINER, Mr. DEFAZIO, Mr. H.R. 472 HUTCHINSON, Mrs. MINK of Hawaii, Mr. MAR- GEJDENSON, Mrs. CHRISTENSEN, Ms. KAPTUR, TINEZ, Mr. BLUMENAUER, Ms. BALDWIN, Mr. Mr. BERMAN, Mr. ALLEN, Mr. BARRETT of OFFERED BY: MR. MILLER OF FLORIDA SNYDER, Ms. HOOLEY of Oregon, Mrs. CLAY- Wisconsin, Mr. DIXON, Mr. ABERCROMBIE, Ms. AMENDMENT NO. 3: Page 2, line 7, strike TON, Mr. KUYKENDALL, Mr. CRAMER, and Mr. ESHOO, Ms. SCHAKOWSKY, Mr. GEORGE MILLER ‘‘142’’ and insert ‘‘141’’. Page 2, line 8, strike HAYWORTH. of California, Ms. MCKINNEY, Ms. PELOSI, Ms. ‘‘143’’ and insert ‘‘142’’. Page 4, line 25, strike H.R. 1193: Mr. DIAZ-BALART, Mr. KENNEDY JACKSON-LEE of Texas, Mr. WEYGAND, and ‘‘142’’ and insert ‘‘141’’. Page 4, after line 25, of Rhode Island, Mr. BAIRD, Mr. CAMPBELL, Mrs. JONES of Ohio. strike ‘‘143’’ and insert ‘‘142’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, APRIL 13, 1999 No. 50 Senate The Senate met at 11:30 a.m. and was convening at 2:15 p.m. the Senate will personal appreciation to the Chair for called to order by the President pro begin immediate consideration of the chairing a very important sub- tempore [Mr. THURMOND]. appointment of conferees with respect committee hearing this morning on to the budget resolution. Therefore, OSHA, hearing at that meeting from PRAYER Members should expect rollcall votes an individual from Alabama, Mr. Ron The Chaplain, Dr. Lloyd John during today’s session of the Senate. Hayes, whose son tragically was killed Ogilvie, offered the following prayer: The leader has also expressed his in- in a workplace accident and who has Lord of creation, You have written tent to consider the budget conference made it his personal cause to confront Your signature in the bursting beauty report this week, with the hope of a the problems in OSHA, to make sure of this magnificent spring morning in final vote on that important legisla- that agency is responsive to real needs our Nation’s Capital. The breathtaking tion by Thursday. and is really working to improve the splendor of blossoms blankets the city f workplace and make it safer and not just be involved in bureaucratic paper- with fairyland wonder. The daffodils MORNING BUSINESS and crocus have opened to express Your work. It was an extraordinary hearing glory. Now, Lord, tune our hearts to The PRESIDING OFFICER (Mr. into a very important matter that can join with all nature in singing Your ENZI). Under the previous order, there protect the lives and health of many praise. will now be a period for the transaction people in the workplace and at the We thank You for the rebirth of hope of morning business. same time reduce bureaucracy and pa- that comes with this season of renewal. f perwork. You remind us, ‘‘Behold, I make all MEASURE PLACED ON I Thank the Senator for his efforts. things new!’’ As the seeds and bulbs CALENDAR—S. 767 Mr. President, I suggest the absence have germinated in the earth, so You of a quorum. Mr. SESSIONS. I understand there is have prepared us to burst forth in new- The PRESIDING OFFICER. The a bill at the desk due for its second ness of life. We forget the former clerk will call the roll. reading. The legislative clerk proceeded to things and claim Your new beginning The PRESIDING OFFICER. The for us. Help us to accept Your forgive- call the roll. clerk will report. Mr. THOMAS. Mr. President, I ask ness and be giving and forgiving people. The legislative assistant (John unanimous consent that the order for Clean out the hurting memories of our Merlino) read as follows: hearts so that we may be open commu- the quorum call be rescinded. A bill (S. 767) to amend the Internal Rev- nicators of Your vibrant, creative spir- The PRESIDING OFFICER. Without enue Code of 1986 to provide a 2-month exten- objection, it is so ordered. it as we tackle problems and grasp the sion for the due date for filing a tax return possibilities of this day for our beloved for any member of a uniformed service on a Mr. THOMAS. Mr. President, I ask Nation’s future. By Your power. Amen. tour of duty outside the United States for a unanimous consent to proceed for 10 f period which includes the normal due date of minutes. such filing. The PRESIDING OFFICER. Without RECOGNITION OF THE ACTING Mr. SESSIONS. I object to further objection, it is so ordered. MAJORITY LEADER reading of this bill at this time. f The PRESIDENT pro tempore. The The PRESIDING OFFICER. Objec- AGRICULTURE able Senator from Alabama is recog- tion is heard. The bill will be placed on nized. the calendar. Mr. THOMAS. Mr. President, I will Mr. SESSIONS. I thank the Chair. On Mr. SESSIONS. I thank my col- take a moment to talk a little bit behalf of the majority leader, I would leagues for their attention. about agriculture. like to make a few announcements. (The remarks of Mr. SESSIONS per- As the President knows, agriculture f taining to the introduction of S. 768 are is a most important element in Wyo- located in today’s RECORD under ming’s economy and to Wyoming’s cul- SCHEDULE ‘‘Statements on Introduced Bills and ture. During this past week, I had a Mr. SESSIONS. This morning, the Joint Resolutions.’’) chance to visit with many people in Senate will be in a period of morning f Wyoming who are very concerned business until 12:30 p.m. Following about agriculture and agricultural morning business, the Senate will re- OSHA RESPONSIVENESS HEARING markets or the lack thereof. So I want cess until 2:15 p.m. to allow the weekly Mr. SESSIONS. Mr. President, I also to talk a little bit about my vision of party caucuses to meet, and upon re- will take just a moment to express my the things we are doing and can be

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

S3613

. S3614 CONGRESSIONAL RECORD — SENATE April 13, 1999 doing in Congress with respect to agri- Meat labeling: I think we need to the marketplace and get prices that culture in this country. have, as we have proposed it here—and are, in fact, reflective of the costs that Certainly our purpose ought to be to will again—meat labeling so that we go into the product. strengthen markets so the price for ag- know what the products are and so This is a basic industry to our coun- ricultural products is enhanced and so buyers, when they go to the grocery try. There will be changes made, of family farmers and family ranchers are store, can determine whether the prod- course, as time goes by. There have able to make a reasonable return on uct is domestic. They need to have an been tremendous changes in agri- their investment and on their time. opportunity to do that. culture over the last 50 years. The fam- We have had a tough year in agri- Also, grading: USDA grades are for ily farmers are getting larger. They are culture, in crops, and in livestock, and domestic products, and will be used more mechanized and more efficient. many of us have been working for some that way. Again, current legislation is They are also much more expensive. time to find some of the things that pending. And much more investment is required. are appropriate for the Government to One of the problems of the livestock When you have a great deal of invest- do to strengthen the agricultural sec- industry has been, allegedly—and I ment, of course, when you have several tor. agree with it—the concentration of years of bad prices, it makes it very, One of them, of course, is trade and packers. We have the latest figures, very difficult, which also leads to the the idea of reducing the unilateral and I heard that about four packers need probably for some additional lend- sanctions we have had in place around kill about 87 percent of the product, ing capacity and some additional as- the world. Many times in the past, which would cause you to think that sistance in lending because of the 2 countries such as Pakistan, when they there may be some legislation on pric- years that we have had. set off the bomb and so on, we imme- ing. And we need to do that. So, Mr. President, I hope that as we diately then did not trade with them. We met with the Attorney General come back in after this recess people We have changed some of those unilat- and asked that we, again, take a look will be more aware of the difficulty in eral sanctions. They are not useful for at the potential of monopoly activities agriculture, and that we can address any other reason than to penalize our that may be there and do something ourselves to the many opportunities own markets. about the concentration of packers. If that we have to strengthen those mar- We are pushing for stronger enforce- they find again that there is nothing il- kets and to provide more healthy and ment of trade agreements, particularly legal being done, as they have in the vigorous agriculture. in NAFTA, for example, where we need past, it seems to me that we ought to I thank you, Mr. President, for the to make sure that they are being ad- take a look at the underlying legisla- time. ministered properly, that goods are not tion, the Packers and Stockyards Act, I suggest the absence of a quorum. being dumped, that goods are not com- to see if, in fact, that needs to be The PRESIDING OFFICER. The ing in from another country through, changed. We need to have more com- clerk will call the roll. in this case, the member of NAFTA petition. Things like owning the cattle, The assistant legislative clerk pro- that benefited from that, and working for example, and then using their own ceeded to call the roll. to reduce unfair trade barriers which cattle instead of going into the mar- Mr. GORTON. Mr. President, I ask have existed and continue to exist ket, which can manipulate the price— unanimous consent that the order for around the world in interesting places, that fact, that there is buying without the quorum call be rescinded. such as the European Union, where the reporting the market price. That is The PRESIDING OFFICER. Without President has just been. These are the something we need to do. objection, it is so ordered. kinds of things that seem to me to be We are trying to change the inspec- Mr. GORTON. Mr. President, are we totally unfair, where we open our mar- tions for interstate shipment of meat still in morning business? kets to others and, in return, we have so that State inspections will suffice. The PRESIDING OFFICER. We are. market barriers. We think that will help the market a f I am very pleased with what is hap- great deal. pening with regard to the negotiations Certainly, in the crop area we need to KOSOVO with China. I am not pleased with all look at NAFTA to make sure that Mr. GORTON. Mr. President, on the the things that happen in China, of there is not dumping of wheat and Tuesday before the recess, I voted course, but in terms of the WTO nego- other products in this country. We against authorizing the air war in tiations, we find, for example, that we need to take a look at the Crop Insur- Yugoslavia. I did so because it seemed are going to make some arrangements ance Program, which I think has not to me that the goal was a goal not wor- to reduce the 40-percent to probably 10- worked that satisfactorily, to move the thy enough, not grave enough to begin percent tariff on our meat. That will be Freedom to Farm, and some of the what amounts to a war, even though a very good forward move. things that are included in that. under the President’s leadership it has I am hopeful we can find a way to get Mr. President, I just think that there only been half a war. the largest potential customer in the are a number of things that need to be Our goals were to be permitted to world into the WTO so that not only done. We have some unique issues, of send young American men and women will it open markets but we do not course, in the West where in a great into the midst of a 600-year-old civil have to deal unilaterally with some- many of our States—in my State of strife in order to enforce an agreement one; if we have an agreement, then Wyoming 50 percent, and in the case of that neither side wished. I also voted there is the World Trade Organization Nevada, 87 percent—the land belongs to against that proposition, because it did to enforce those agreements. the Federal Government. Much of the not seem to me that the means were We are talking about the tax relief land is grazed. Livestock grazes on sufficient to gain even this question- for agriculture. We had income aver- much of the land. We need to make able end. I voted against it, because it aging last year, which is very good be- that accessible so we can have multiple did not seem to me that the adminis- cause the income of the farmers and use of those renewable resources. We tration began to foresee the terrible ranchers varies very much. We have a need to do something about the permit consequences that would ensue if, and proposition to have farm accounts program so that they are not difficult. as President Milosevic has, accelerated which allow farmers to put the money It isn’t necessary, in my view, to have his expulsion of Kosovars from their into sort of an IRA for a period of time an environmental impact statement on own homeland, or the refugee problem and draw it out before they pay taxes every unchanged renewal of the grazing with which we would be faced. In other on it so that they tend to level out in permits. words, there were no contingency income. So these are some of the changes plans. Estate tax relief: I hope that is one of that need to be done. I don’t think ag- At this point, almost 3 weeks later, the things we talk about when we deal riculture is looking for subsidies, or all of those negative consequences have with the tax reform—estate tax relief. looking for a farm program. But they transpired. We are in the midst of an Currently legislation is there to do are looking for an opportunity to have air war. The air war has not been suc- that. the markets—an opportunity to go into cessful. It is being fought apparently April 13, 1999 CONGRESSIONAL RECORD — SENATE S3615 by a President who believes that one significant prospect of returning at any New Jersey, and the Senate would can have a war not only without cas- time soon. probably like to know, what he has by ualties on our side but with few, if any, We do need a serious national debate way of motions on his side. How many casualties on the other side. You on the subject and we need a President does he think he is going to have this should not begin a war for reasons that of the United States who far more afternoon? do not justify the use of force, and only clearly articulates our goals and how Mr. LAUTENBERG. Since the chair- the gravest national security reasons we are to attain those goals. We have man of the committee asked how many do so. And, if you get in one, you not had that kind of presentation. For I think, I am free to give an answer. I should not go into it halfheartedly or that reason, support for the United think there are four, but my guess is without a desire actually to win. States efforts is extremely shallow and that we have to wait to see if there are Mr. President, what are the potential is almost certain to disappear once the going to be any more or not. outcomes? If we are overwhelmingly casualty lists begin to be published in Mr. DOMENICI. Parliamentary in- successful, we may get sometime in the this country. quiry. Is it not correct, now that the next week, or the next month, or the It is time for candor. It is time for time has been yielded back on the mo- next year, exactly the privileges that clarity. It is time for a clear statement tion to appoint conferees, each motion we sought in the first place—the right of our goals. In fact, we are well past to instruct carries 30 minutes equally to send our soldiers into a now dev- time for both of those and we have not divided and that is all the time avail- astated countryside in order to require received them. I think we are faced able at this point? people to live together who do not wish with an extremely serious challenge The PRESIDING OFFICER. The Sen- to live together, and perhaps to enforce with no clear way to that proper and ator is correct. an autonomy, which I have already appropriate goal. Mr. DOMENICI. Unless and until that said both sides oppose, or, alter- f is yielded back, another motion is not natively, maybe we can get the Rus- RECESS in order? sians or someone else to help us reach The PRESIDING OFFICER. The Sen- a negotiated solution in which the The PRESIDING OFFICER. Under ator is correct. Kosovars will be worse off than they the previous order, the Senate will now Mr. DOMENICI. Are second-degree were before, and in which the barba- stand in recess until the hour of 2:15 amendments to those motions in order? rism of Mr. Milosevic will at least have p.m. The PRESIDING OFFICER. Yes; sec- been partially rewarded. Or we may Thereupon, the Senate, at 12:32 p.m., ond-degree amendments are in order, end up sending our own troops into recessed until 2:20 p.m.; whereupon, the and they have 20 minutes. that devilishly difficult part of the Senate reassembled when called to Mr. DOMENICI. Equally divided? Balkans, whether from the south, or order by the Presiding Officer [Mr. The PRESIDING OFFICER. Yes. the west and the north—and we do not ROBERTS]. Mr. DOMENICI. Mr. President, I yet know—with an escalation of what The PRESIDING OFFICER. The dis- think we will have one that has to do will still be a halfhearted war with sec- tinguished Senator from New Mexico is with praising our men in the military ondary goals, goals that will not in- recognized. which we will attach to this at some Mr. DOMENICI. Parliamentary in- clude the removal of the present gov- point. Substantively, unless Senator ernment in Belgrade and the establish- quiry. What is before the Senate? LAUTENBERG proposes something that The PRESIDING OFFICER. There is ment of a real peace. Or, I suppose it is prompts a second-degree amendment of no business before the Senate at the possible—just remotely possible—that some type or prompts us to make an moment. the President and NATO may decide amendment, we do not have any con- that we want a full-scale war against f templated at this time. Serbia until that regime is, in fact, de- CONCURRENT RESOLUTION ON Mr. LAUTENBERG. It is hard for me stroyed. THE BUDGET FOR FISCAL YEAR to imagine there is anything here—— None of these is an appetizing out- Mr. DOMENICI. We can accept them; come, by any stretch of the imagina- 2000 right? tion. We are left with these alter- MOTION TO APPOINT CONFEREES natives only, I think, because this ad- Mr. DOMENICI. Mr. President, I Mr. LAUTENBERG. We will have to ministration did not seriously consider move that the Chair be authorized to kind of slug our way through and see what it was doing before it began doing appoint conferees on the part of the how it goes. I appreciate the introduc- it, or seriously consider both the cost Senate with respect to the budget reso- tion that the distinguished chairman of and expense in men, material, money, lution. the Budget Committee presented. We and prestige of the United States for The PRESIDING OFFICER. There is are going to offer our motions on in- such a dubious goal. 1 hour equally divided on the motion. structing conferees. I wish that I had a firm, accurate, Mr. DOMENICI. Thank you, Mr. Mr. President, are we now in a posi- tion to go ahead and offer those? and a favorable outcome to look for- President. I understand Senator REID ward to. I wish I could come up with has some motions to instruct. I do not The PRESIDING OFFICER. Yes; the the appropriate means to reach such a think they will be in order unless we Senator is correct. goal. However, it seems to me that if yield back the time that has just been Mr. LAUTENBERG. Just to recount, we have learned anything in the last announced. there is a half hour equally divided on several years from other parts of the The PRESIDING OFFICER. The Sen- the motions themselves? world, and in the last several weeks ator is correct. The PRESIDING OFFICER. That is from this part of the world, it is that Mr. DOMENICI. Mr. President, I say correct. the armed services of the United States to Senator LAUTENBERG that the situa- MOTION TO INSTRUCT CONFEREES should only be used for a vitally impor- tion now is that the motion I made to Mr. LAUTENBERG. Mr. President, I tant interest of the United States. If appoint conferees is pending. There is 1 send to the desk a motion to instruct they are then to be used, they should hour on it. I am prepared to yield back the conferees on H. Con. Res. 68, the be used with a clear and worthy goal, time on that if the Senator from New Concurrent Resolution on the Budget and with a degree of ruthlessness that Jersey is, and then he can proceed to for Fiscal Year 2000. assures we attain that goal. At this his first motion. The PRESIDING OFFICER. The point we have done nothing but worsen Mr. LAUTENBERG. We are OK with clerk will report. our relationships with the Russians that. Mr. LAUTENBERG. Mr. President, I and with the neighbors of Kosovo itself Mr. DOMENICI. I yield back the half ask unanimous consent that the read- at great expense to ourselves and at a hour we have. ing of the motion be dispensed with. horrendous expense to the victims in Mr. LAUTENBERG. And I yield back Mr. DOMENICI. I reserve the right to Kosovo who have been killed, driven the time we have on our side. object. Is it very lengthy? from their homes, or driven out of Mr. DOMENICI. Mr. President, may I The PRESIDING OFFICER. The Sen- their homeland entirely, without any ask the distinguished Senator from ator reserves the right to object. S3616 CONGRESSIONAL RECORD — SENATE April 13, 1999 Mr. DOMENICI. I object, and let’s Congress should not spend Social Secu- up to pay guaranteed Social Security read it. rity surpluses on anything else. That benefits, as they are supposed to be? The PRESIDING OFFICER. The would not extend solvency at all, but I think Social Security taxes should clerk will report. at least it would not make matters be used for Social Security benefits, The legislative clerk read as follows: worse. not for other types of spending or tax The Senator from New Jersey [Mr. LAU- Unfortunately, we now understand cuts that somehow or other can be TENBERG] moves to instruct conferees on H. that the Republican leadership has called retirement security. So I strong- Con. Res. 68, the Concurrent Resolution on backed off from even this modest com- ly urge the Republican leadership to the Budget for Fiscal Year 2000, to include in mitment. Instead, they reportedly— reverse the decision that was reached the conference report provisions that would reserve all Social Security surpluses only for and we have not really seen the de- last night. Social Security surpluses Social Security, and not for other programs tails—have agreed to include in the should be used for Social Security—and (including other retirement programs) or tax final version of the budget resolution a I drum the point home—and only So- cuts. provision that could pose a direct and cial Security, not other programs, not The PRESIDING OFFICER. The Sen- serious threat to Social Security. tax cuts. If we are serious about that ator from New Jersey is recognized. Although we have not seen any final principle, let’s really make a commit- Mr. LAUTENBERG. Thank you, Mr. language, this provision apparently ment to it. Let’s not endorse open- President. calls for using Social Security not just ended language like retirement secu- The motion is very simple. It in- for Social Security but for other pro- rity that could encourage future structs the conferees who are going to grams as well. Apparently, the provi- abuses. be reviewing the budget resolution to sion would allow Social Security taxes I hope and urge that my colleagues include in the conference report provi- to be diverted to other things that will support this motion to instruct to sions that will reserve all Social Secu- have some connection to retirement se- reverse a commitment to language rity surpluses for Social Security and curity. That could be a catchword. It that permits an open-ended use of that for Social Security only—not other could mean a new privatized Medicare money under the umbrella of ‘‘retire- programs, including other retirement system. Perhaps it could include civil ment security.’’ programs, as has been suggested, and service or military retirement pro- I yield the floor. not for tax cuts. grams. More likely, I am afraid it Mr. DOMENICI addressed the Chair. For years, Democrats have been ar- could also mean tax cuts for the The PRESIDING OFFICER. The dis- guing that our top fiscal priority wealthy that are claimed to somehow tinguished Senator from New Mexico is should be to save Social Security first, affect retirement. recognized. and we feel very strongly about that. It I was stunned when I heard about Mr. DOMENICI. How much time do is, after all, our party’s creation that this provision, and I think it is re- we have? kicked off Social Security, and we have markable that the Republican leader- The PRESIDING OFFICER. The Sen- spent decades since then protecting the ship would even consider using Social ator has now 14 minutes 55 seconds. program from attack. Security surpluses for anything other The Senator from New Jersey has 7 In our view, Social Security rep- than Social Security. After all, how minutes 47 seconds. resents a sacred trust between the Gov- many times during the debate on the Mr. DOMENICI. Mr. President, let me ernment and the people. It is a trust budget did we hear about the Repub- just make a couple points for everyone. that should not and must not be vio- licans’ commitment to preserving So- First, I think everybody here under- lated. cial Security surpluses? That was sup- stands that when you go to conference, Nearly 44 million Americans now posed to be a centerpiece of their whole you go to conference with the House. benefit from Social Security, and many resolution. But now it appears that You do not go to conference with your- of them depend heavily on the program when the Republican leadership met self. If that were the case, we would for their survival. For 66 percent of the behind closed doors, their commitment rule supreme and there would be no elderly, Social Security provides half was overwhelmed with other concerns. need to go to conference, and whatever their income. Without Social Security, This reversal is especially stunning the House thought about any of these the poverty rate among the elderly in light of Republican criticisms about measures would be totally irrelevant. I would be 48 percent; roughly 15 million double counting, and now the GOP think everybody understands that isn’t more Americans would be living in seems to want to use Social Security the case. We have to go to conference poverty than do now. For single, di- surpluses for all sorts of other pro- with them. vorced, or widowed elderly women, the grams. That sounds like double count- Secondly, I would like to make two poverty rate without Social Security ing to me, Mr. President. After all, you points about what we do in our budget would be 60 percent—60 percent for el- cannot use a dollar twice. If you use it and what the President did so every- derly women. as a Social Security dollar for Med- body will understand. Unfortunately, Mr. President, under icaid or tax cuts, that is one less dollar Senator LAUTENBERG talks about the current projections, Social Security is available to pay Social Security bene- Republican budget and the lockbox adequately financed only until 2034. At fits. that we contemplate and speculates that time, just when millions of baby So we ought to stand up for a simple that he does not know what it might be boomers will be retired and struggling proposition; that is, to use Social Secu- used for. Let me tell everybody so they to get by, Social Security may be un- rity surpluses for Social Security. That will understand. For starters, in the able to pay the full benefits to which is the message of this motion to in- first 10 years the Republican budget, these Americans are entitled. struct. It is an effort to reverse yester- and that which will be locked in to be We need to act promptly to address day’s decision and to get the entire spent as we determine in conference, is this problem. President Clinton has Senate on record in support of saving $300 billion—you got it, $300 billion— proposed policies which would extend Social Security surpluses for Social Se- more than the President proposes to Social Security significantly to the curity, and exclusively for Social Secu- set aside for safekeeping for the Social year 2059. Unfortunately, the majority rity. Security trust account. has rejected those policies, and in their I know my friends on the other side Why is that the case? Because we place nothing has been proposed. Thus, of the aisle will establish some type of say, put 100 percent of the accumulated the budget resolution approved by the elaborate lockbox that will protect So- surplus that belongs in the trust fund Senate included nothing to extend So- cial Security. But given the agreement in the trust fund. For all the rhetoric cial Security’s solvency by even a sin- that developed yesterday, it makes one about who is saving what, we put $300 gle day. wonder: What will Social Security sur- billion more in there than the Presi- Having said that, while the Senate pluses be locked up for? Will they be dent, because the President concocted resolution did nothing to actually help locked up for tax cuts? For other re- a 15-year payout for this trust fund. We Social Security, it at least seemed to tirement programs? For some new type have never even had a budget that con- do no harm. The resolution was based of program that is given the label ‘‘So- templates 15 years. In fact, the Presi- on the premise that, at a minimum, cial Security’’? Or will they be locked dent, when he goes beyond 5, he does April 13, 1999 CONGRESSIONAL RECORD — SENATE S3617 not even have the programs enumer- The PRESIDING OFFICER. The dis- says he is going to do this, I know that ated in his budget, but he is telling us tinguished Senator from California is he is going to do it. I know when he all, wait 15 years, and we will put recognized. goes to conference again that he is enough money in that trust fund that Mrs. BOXER. Thank you very much, going to make sure that this is held. I is supposed to be there for some secu- Mr. President. am comforted by that notion, as are rity. We said, put it in now as it ac- I am very happy that the chairman of millions of Americans who are one day crues year by year—not 62 percent of the Budget Committee is going to to get Social Security as part of their it; 100 percent. agree to Senator LAUTENBERG’s lan- retirement program. In addition, for those who are won- guage, because there is some confusion This is kind of a happy day. I hope dering what we are doing about Social here, if you read the press reports that all of the Republicans will support Security and what the President does today. That wouldn’t be the first time this, as will the Senator from New about it, let me remind you, we do not there would be some confusion. But Mexico, chairman of the Budget Com- spend one nickel of Social Security, of what it says here is that ‘‘[t]he final mittee. I do not see how they can re- their money, for any new program. The budget resolution will also contain lan- sist. President of the United States, in his guage allowing the entire $1.8 trillion With that, Mr. President, I ask the budget, decided that it was not impor- Social Security surplus over the next distinguished Senator from New Mex- tant to save Social Security by keeping 10 years to be used for retirement secu- ico whether he is ready to yield back their money. He had contemplated rity. . . .’’ It could include Medicare, it time? spending out of the Social Security says. Mr. DOMENICI. Shall we accept the trust fund $158 billion. Let me repeat, Here is the nub of the argument that amendment, or does the Senator want we now have a motion by the other side we had in the Budget Committee, of to have a vote? of the aisle, our good Democratic which I am proud to be a member. The Mr. LAUTENBERG. I would like a friends, challenging what we are doing, Democrats on the committee wanted to roll call. when the President of the United see 15 percent of the surplus dedicated Mr. DOMENICI. I am just wondering States spent $158 billion, in the first 5 to Medicare and 62 percent for Social if we can’t stack a few votes. years, out of the Social Security trust Security. We had a very good debate, I Mr. LAUTENBERG. That wouldn’t be fund without any apologies—just said, thought, in the committee about that. a problem. The question is in terms of ‘‘Spend it.’’ We say, ‘‘Don’t spend it. And my colleague from New Mexico whether we have our other amend- Keep it in the trust fund, and put it in made the point very clearly that Social ments. a statutorily created lockbox that will Security would be put in a lockbox and Mr. DOMENICI. If we don’t, we will be tied to debt limits so it can never be would be used only for that. And we put in a quorum call. How much time spent.’’ really did not get anywhere on the do I have remaining? Having said that, it is really ironic Medicare debate because we did not set The PRESIDING OFFICER. The Sen- that the other side of the aisle claims aside anything from the surplus. Yes, ator from New Mexico has 9 minutes 49 the President is doing so much for So- there is money in there for Medicare at seconds, and the Senator from New cial Security, and they would like to the current level, but there is nothing Jersey has 4 minutes 15 seconds. join on his coattails, so much for Medi- additional out of the surplus. We want- Mr. DOMENICI. I will yield down to care, and they would like to join on his ed to see 62 percent of the surplus for 41⁄2, and then we can both yield back coattails, and the facts are what I have Social Security, 15 percent for Medi- the remainder. just told you. The facts are what I have care. Let me say, first of all, I heard that just told you. Now we read that that 62 percent the Senator from California had re- Fellow Senators, you do not have to would be used for Medicare, in other cently been to my State. Incidentally, be worried about whether that Social words, stealing that money from Social I was quite surprised. I walked into the Security trust fund is going to be used Security. I am very glad that my col- airport in New Mexico, our inter- for tax cuts, because we cannot direct league from New Mexico is going to ac- national airport. I ran into the Senator that any of that money be used for tax cept this language. It will clarify it. I and asked her if she was coming all the cuts. In fact, go read the resolution. It assume that this report is incorrect way to New Mexico to try to defeat the says tax cuts are to come from a man- and that this language will not appear. budget that we prepared. She told me, dated reconciliation pot of money that I also hope that this newspaper is ‘‘No. I am here for other purposes.’’ I is called on-budget surplus. wrong when it reports that the Dodd- was kind of glad of that, and I surely Mr. President, forget all the jargon. Jeffords language on child care was didn’t want New Mexicans to listen to It means that tax cuts, if any, come stripped from the resolution. This was her about the budget when I worked so out of surpluses that have nothing to hard to try to get them to listen to me. do with the Social Security trust fund, a 59-vote majority in this body, quite She did not quite do that, because I by definition. So tax cuts are going to bipartisan, to do something about child looked around to see how much she got accrue over a decade, and they will care. So I am very pleased that we are and it was pretty Democratic, what she come out of surpluses, not the surplus did, with a big D. that is accumulated in the Social Secu- going to have agreement on this. I hope Anyhow, let me suggest, Senator, rity trust fund. when we look at the budget language— Having said that, once again, the and, hopefully, I will be there looking that you should be careful when you amendment is calculated to play poli- at it with my colleagues—that we will use these percentages. You say that tics, and I see no reason why we should not see such language in the resolu- what we want, speaking for you, we not accept the instruction. So if the tion. wanted 62 percent that the President distinguished Senator would like us to I thank you very much and yield wanted to set aside, and then we want- accept it, we can get on with our busi- back my time to Senator LAUTENBERG. ed 15 percent for Medicare. The budget ness and we can accept it right now. If Mr. LAUTENBERG. Mr. President, I is a big document, big numbers, but I he would like a vote on it, we will tell thank the distinguished Senator from just added those two up, and that is 77 all our people to vote 100 percent for it California. She is a valuable member of percent. because, remember, we have to go to the Budget Committee and works hard Mrs. BOXER. That is right, of the conference with the House, and we will in making sure that the commitments surplus. do our very best, but we will be glad to we develop are to be met. Mr. DOMENICI. Frankly, we have 100 accept it. I remind my good friend from New percent in the first 10 years. So the 15 I reserve the remainder of my time. Mexico that we are pleased to have his percent that would have gone to Medi- Mr. LAUTENBERG addressed the support, that the vagary that develops care under the proposal in the com- Chair. as a result of this new language ‘‘re- mittee, added to the percent that the The PRESIDING OFFICER. The Sen- tirement security’’ is kind of a red flag. President saved of the Social Security ator from New Jersey is recognized. It tells us that there is something else. trust fund, is the astronomical percent- Mr. LAUTENBERG. I yield 3 minutes Knowing the distinguished chairman of age of 77 percent of the Social Security to the Senator from California. the Budget Committee as I do, when he trust fund. Guess what we did in our S3618 CONGRESSIONAL RECORD — SENATE April 13, 1999 budget resolution. One hundred. Let’s It appears that the Republicans may (1) allow targeted tax relief for low-and do that one. What is the difference be planning to take these Social Secu- middle-income working families; and there? Twenty-three percent additional rity dollars and to use them instead to (2) reserve a sufficient portion of projected accumulated surplus in the first 10 finance more tax cuts in the guise of non-Social Security surpluses to extend sig- nificantly the solvency of the Medicare Hos- years is in the lockbox as we prescribed ‘‘retirement security.’’ If this occurs, pital Insurance Trust Fund and modernize in our budget. Having said that, I relin- there will be no debt reduction. There and strengthen the program, before— quish the remainder of my time, if the will be no strengthening of the Social (A) using budget surpluses to pay for tax Senator will relinquish his. Security Trust Fund to meet the de- breaks that would give most of their benefits Mr. KENNEDY. Mr. President, I mands of the baby boomers’ retire- to the wealthiest Americans, or strongly support the Lautenberg mo- ment. Every one of those payroll tax (B) enacting new spending above the levels tion, which would instruct the budget dollars belongs to Social Security, and in the Senate-passed version of the budget conferees to reserve all Social Security resolution, unless it is offset in accordance should be used solely to strengthen the with the Congressional Budget Act of 1974. surpluses for Social Security, and for Trust Fund. If our Republican col- no other purpose. This is what Senate leagues have no ulterior motive, the Mr. KENNEDY. Mr. President, I yield Republicans promised to do in the wording of the Budget Resolution myself 10 minutes. budget debate just last month. Now, should state that principle unambig- Mr. President, I want to take a mo- just three weeks later, we are hearing uously. When instead we see language ment to review the motion to instruct disturbing reports that they are poised as vague and open-ended as ‘‘retire- very quickly for the benefit of the to renege on their pledge. The Repub- ment security,’’ suspicions are under- Members so they have a keen aware- lican conferees are contemplating a standably raised. If this gaping trap ness and understanding of exactly what new raid on Social Security. In a move door is not eliminated, the American this motion is to the conferees. This which would reflect a new level of cyni- people will know that the Republican motion is to instruct the conferees to cism, the Republican leadership is cut- ‘‘lock-box’’ is nothing more than a cyn- include in the conference report the ting a trap door in their so-called ‘‘So- ical magician’s trick. The millions of provisions that would allow the tar- cial Security lock-box.’’ Those dollars senior citizens who depend on Social geted tax relief for low- and middle-in- were raised by payroll taxes expressly Security will know that the Repub- come working families which has been dedicated to financing Social Security lican majority has abandoned them presented here during the course of the benefits. However, the Republicans now once more. debate on the budget; and, two, to pre- want to allow that money to be used Mr. LAUTENBERG. I am happy to serve a sufficient portion of the pro- for any type of ‘‘retirement security’’ yield back the remainder of my time. jected non-Social Security surplus to plan. I hope such reports are wrong. Mr. DOMENICI. I ask for the yeas extend significantly the solvency of the But I fear they might be accurate. and nays on the Lautenberg motion. Medicare hospital insurance trust fund This would open the door to risky The PRESIDING OFFICER. Is there a and modernize and strengthen the pro- schemes that use the Social Security sufficient second? gram. We are effectively asking that surplus to finance private retirement There appears to be. there be the allocation of resources to accounts at the expense of Social Secu- The yeas and nays were ordered. extend the solvency of the Medicare rity’s guaranteed benefits. Such a pri- Mr. DOMENICI. Mr. President, I ask program. vatization plan could actually make that we not proceed to the vote but, I think the percentage that we had Social Security’s financial picture far rather, that we have a quorum call now identified earlier during the course of worse than it is today, necessitating and see if the distinguished Senator the debate on the budget was 15 per- deep benefit cuts. A genuine ‘‘lock- can muster up another amendment on cent. What we have indicated here is box’’ would prevent any such diversion his side, and we will just wait for that it would be important to extend of funds, but not the Republican awhile and see. the solvency of the trust fund before version. A genuine ‘‘lock-box’’ would Mr. LAUTENBERG. Mr. President, using any of the budget surplus to pay guarantee that all those dollars would before the quorum call is begun, I agree for the tax breaks which would give be in the Trust Fund when needed to with the Senator’s mission here; that most of the benefits to the wealthiest pay benefits to future recipients. The is, perhaps we can stack several votes Americans by enacting new spending ‘‘lock-box’’ in this budget apparently together, but we will work on that dur- above the levels in the Senate-passed does not. ing the quorum call. version of the budget resolution. It is bad enough that the budget Mr. President, I suggest the absence Effectively what this instruction is, passed by Senate Republicans three of a quorum. Mr. President, is very easy to under- weeks ago did not provide even one ad- The PRESIDING OFFICER. The stand. It says given the size and the ditional dollar to pay Social Security clerk will call the roll. significance of the budget surplus that benefits to future retirees, that it did The legislative clerk proceeded to we want to have the sufficient alloca- not extend the life of the Social Secu- call the roll. tions of resources for the protection of Mr. KENNEDY. Mr. President, I ask rity Trust Fund by one more day. To Medicare. In an earlier instruction on unanimous consent that the order for our Republican colleagues, I say: ‘‘If this particular measure, we included an the quorum call be rescinded. you are unwilling to strengthen Social instruction to have sufficient funding The PRESIDING OFFICER. Without Security, at least do not weaken it. Do set aside for the solvency of the Medi- objection, it is so ordered. care trust fund before we provide any not divert dollars which belong to the Mr. KENNEDY. Mr. President, I un- tax cuts or tax breaks for the Amer- Social Security Trust Fund for other derstand that it is in order to send a ican people. That is basically and fun- purposes. Every dollar in that Trust motion to instruct conferees. Fund is needed to pay future Social Se- The PRESIDING OFFICER. The Sen- damentally the issue. We in this body make choices and curity benefits.’’ ator is correct. Under the time agree- make decisions. This is certainly one of The Republican ‘‘retirement secu- ment, the motions to instruct have 30 the most important ones that we will rity’’ scheme could be nothing more minutes equally divided. than tax cuts to subsidize private ac- make, not only for just this year, but counts disproportionately benefiting MOTION TO INSTRUCT CONFEREES for future years. We are saying, given Mr. KENNEDY. Mr. President, I send their wealthy friends. Placing Social the kinds of resources that we have a motion to instruct on behalf of my- Security on a firm financial footing available, that we are going to do two self and Senator DASCHLE and others. should be our highest budget priority, things with regard to this instruction; The PRESIDING OFFICER. The not further enriching the already that is, to set aside sufficient resources clerk will report the motion. wealthy. Two-thirds of our senior citi- The legislative clerk read as follows: for the solvency of the Medicare pro- zens depend upon Social Security re- gram, and be serious about taking the The Senator from Massachusetts [Mr. KEN- tirement benefits for more than 50 per- NEDY] moves to instruct conferees on H. Con. steps to ensure that there will be the cent of their annual income. Without Res. 68, the concurrent resolution on the changes in the Medicare program that it, half the Nation’s elderly would fall budget for fiscal year 2000, to include in the are responding to the particular needs below the poverty line. conference report provisions that would: of the Medicare program. April 13, 1999 CONGRESSIONAL RECORD — SENATE S3619 Certainly there are a number of ideas Mrs. BOXER. Mr. President, I thank vides health care to 39 million Ameri- about how we can strengthen the Medi- the Senator from Massachusetts for cans today, but by 2032 the number of care program. I think one of the most yielding for a couple of questions. Medicare beneficiaries will double to 78 important is the addition of a prescrip- First, I thank him for his motion to million as the baby boomers retire. So tion drug proposal. The President of instruct conferees. As a member of the the question for the Senator is basi- the United States, in his speech to the Budget Committee, I can tell you that cally this: We are looking at a program American people on the State of the the Democrats on that committee that is very important, and we are Union, indicated that one of his high fought very, very hard to get the com- looking at some good news. We are liv- priorities with the restructuring of the mittee to set aside enough funds from ing longer. This is good. We all work Medicare system would be for a pro- the overall surplus that we have to toward that. We want to live longer. gram to meet the prescription drug meet the needs of Medicare. And many We want to have a good quality of life. needs of the elderly people in this of us brought out points that the Sen- But can we just say we can reform our country. ator from Massachusetts has brought way out of this problem, or do we have We want to make sure that we are out before. I just want to ask him a to commit some of the surplus to Medi- going to have sufficiency in terms of couple of questions. care? the savings of the projected surpluses, Does the Senator not agree that Mr. KENNEDY. The Senator is cor- and that then we will have an oppor- Medicare is really the twin pillar of So- rect in terms of the size of the Medi- tunity in the remainder of this Con- cial Security for our people? In other care population and correct in terms of gress for the Congress to work its will words, you save Social Security, but if allocating these additional resources on the floor of the Senate. I hope that you do not save Medicare, then our for Medicare. Let’s understand that the one of the first areas of priority would seniors will have to spend their Social amount that we are talking about ef- be in the area of prescription drugs. Security income to pay for their health As has been pointed out on many dif- fectively is money that is being paid in care. Doesn’t the Senator feel that this ferent occasions, when the Medicare by working families. Those are re- is the twin pillar of the senior citizens’ issue was debated in 1964 it lost nar- sources that are being paid in by those safety net? rowly here in the Senate in the spring working families. All we are saying is Mr. KENNEDY. The Senator has of that year. It became a primary issue that we believe those working families’ made an excellent point and one which in the 1964 election. There was an ex- interests should be protected with the I agree with completely. If you look at traordinary resonance across the coun- previous instruction on Social Security a profile of who the Social Security re- try about the importance of Medicare. and this instruction on Medicare before There were 18 Members of the Senate cipient is, it is a person that is living we provide tax breaks for individuals that voted one way in 1964 and another alone, $12,000 in income, a woman 76 who are not participants in paying into way in 1965. They had heard the voices years of age who has at least one the system like the workers have been of the elderly people in this country in chronic disease and is paying some 19 in terms of the Medicare system and support of the Medicare program. When percent of her income in out-of-pocket Social Security. we adopted the Medicare program we health care costs. That is 19 percent I withhold the remainder of my time. did not include prescription drugs for out of $12,000—paying that percent of Mr. DOMENICI addressed the Chair. one very basic and fundamental reason, her income out of pocket for health The PRESIDING OFFICER (Mr. and that is because about 95 percent of care. If the Senator understands the CRAPO). The Senator from New Mexico. the private programs at that time did amount that is being paid out of pock- Mr. DOMENICI. Mr. President, I not include prescription drugs. Now et by even those today that are getting apologize to Senator KENNEDY for not they do. The need is out there. Medicare, it is just about what it was being here. I assume it is fair to say We will have an opportunity to do it, at the time of the enactment of Medi- that I probably heard his argument as and it will be greatly strengthened care. we put the budget through. It is simi- with this kind of an instruction to the So for those that say, well, we really lar to the one he made before. That conferees. If we are able to set aside do not have to have this instruction, doesn’t mean I shouldn’t have been the kind of surplus that was included we are going to be able to consider the here. But I just couldn’t. When the in the President’s recommendations Commission’s recommendations, that time is up, let me ask if we could get and included in this instruction, then will effectively require $688 billion over a unanimous consent on stacked votes. we will know that we will have a sound the next additional 12 years to get the Mr. President, I would like to talk Medicare system. The Medicare pro- kind of economic stability that would just for a moment about the Repub- gram will have greater solvency, and be included in our particular instruc- lican budget as it pertains to a blue- we will be able to deal with alterations tion. And that is only going to be able print for our country’s future. When I and changes in the Medicare system. to be achieved with higher copays, or have used up about 6 minutes of my 15, And, hopefully, we will be able to ad- higher premiums, or higher will the Chair advise me? I appreciate dress the prescription drug issue. deductibles. It is going to come out of that. This issue is so basic and so funda- the pocket or the pocketbook of that First of all, let me say to those who mental that it is really the question of senior citizen. I don’t understand how are listening that we have a situation a priority. Do we think having broad we can do that. that is pretty unique in our country, kinds of tax cuts for the American peo- Mrs. BOXER. I have one more ques- and it is a situation that we ought to ple is preferable to ensuring the finan- tion that goes to the heart of the Sen- look at very carefully to see what the cial security and solvency of the Medi- ator’s point. What the Republicans are public policy ought to be and what care system? That is the issue that is saying is we can reform our way. We would be best for America’s future. incorporated in this particular instruc- don’t think we need additional re- The American taxpayer has received tion. It is as basic and fundamental as sources. They proposed tax breaks for a bonanza in new taxes. As a matter of that. Do you believe that with the the wealthiest people in America in- fact, there is now going to be over the scarce but sufficient resources that are stead of saving Medicare. What you do next decade a huge surplus. ‘‘surplus’’ in the various surpluses that we are is very clearly say, yes, we will support means the taxes collected exceed the going to say let’s put a priority on So- targeted tax relief for low- and middle- expenditures. That is a surplus. We cial Security and Medicare? This in- class families, but we want to save were used to living in a deficit. ‘‘Def- struction says we are going to give the Medicare before we give back funds to icit’’ means the expenditures, the pro- priority to Medicare. And many of us the wealthiest among us, those at the gram costs, are more than the taxes who are supporting this also give high very, very top tier. that come in. priority when we are going to have The question I wanted to pose to my For a variety of reasons, not the that financial security to make sure friend is this: As I look at Medicare least of which is a sustained recovery; there is going to be a prescription drug and the numbers we have in the Budget low interest rates, partially attrib- provision. Committee, I want to ask my friend if utable to good, sound, budget policies; I see my friend and colleague. I would he agrees with these numbers. We are high productivity, because we have be glad to yield for a question. told that the Medicare program pro- added new machines and equipment to S3620 CONGRESSIONAL RECORD — SENATE April 13, 1999 the production of service organizations portant to talk on the floor of the Sen- vidual accounts, for savings and for in- and what they sell to the American ate about who pays all these taxes as vestment for individuals—and we also people, we have more money coming in what programs we ought to spend the have resources that will be available than we are going to spend. Over the money on. We don’t want to just dis- for a tax cut. decade, it is going to be a very large cuss how we can spend the money; we But let us say, with regard to Medi- amount of money. want to discuss the taxpayers. care, we are going to provide these ad- Where we depart from the Democrats We are saying it is time to fix the ditional resources and we are going to who have been arguing on the floor— Tax Code and make it more fair for commit them to our Medicare system not all Democrats—the principal posi- married couples, put some other reduc- and then in this Congress we are going tion on our side is that we think we tions in and return some of those tax to get about the possibility of making don’t need some of that big surplus dollars to the American people, be- the alterations or changes in our Medi- paid in by the taxpayer, which means cause we are worried about taxpayers; care system, primarily in the area of they are paying more than we need to they deserve our concern. enhancing prescription drugs, and also run the Government year by year; we At the same time, we have ade- other changes that will strengthen the think a portion of that should go back quately provided for Medicare and ade- Medicare system even further. This is a to the taxpayer by way of tax changes quately provided for an assured Social sound, prudent investment. that will help our taxpayers and will Security; that when the changes are Finally, the greatest percentage of help the economy continue to grow and made, and only then, will this trust the surplus was paid in by working produce jobs and be a strong economy. fund money be used for Social Secu- families. Working families often be- We say there are three very impor- rity. come dependent primarily on Social tant things to take care of, one of We are involved in an air war over in Security and Medicare as they age. which is to give back some taxes to the Kosovo, Yugoslavia, and we are going Some of them get some pensions from American people, who are paying in to need more money for that war. Ev- companies they have worked for. But if more than they expected in terms of erybody understands we are going to do you look over what is happening, even our Government. There are some who that when we are asked. We will have in terms of the pensions, they are say we shouldn’t do that or the budget it. It will change how much can go for gradually being cut back. They are resolution ought to state exactly how taxes and how much can be held in re- gradually being reduced every single we are going to change those tax laws. serve. It will change some of that, but Frankly, in the Congress we do year. Medicare and Social Security are actually that is a very high priority. things a little differently. There is a the rocks on which our elderly and sen- I say to Senators and my fellow committee that will determine our tax iors really depend. We have an oppor- Americans that in our regular budget reductions and our tax changes. All we tunity to go on record on that measure we provided for some very significant can do is say we are making some here today with this amendment, and I increases in defense and some signifi- money available for doing that. What hope the Senate will accept it. we do is take all of the Social Security cant increases in education. If you add Mr. ROBB. Mr. President, I rise to surplus—not 62 percent of it as does the that up, it is a pretty good package. We support this motion to instruct the President, but 100 percent of it—and we will go to conference with the House. I conferees to set aside some of the on- say that accumulation, that surplus, is don’t know what we can get out of budget surplus for Medicare. set aside and cannot be used for tax them, but we will get a good budget. It The Budget Resolution approved by cuts. Under our budget resolution, it is will be very much like the one we pro- this body in March made the correct to be used for Social Security reform duced. decision with regard to Social Security to pay for any additional costs. We Having said that, I reserve the re- by devoting the off-budget, or Social think that is very exciting, and we mainder of my time and hope the dis- Security, surplus to paying down the think that is better than what the tinguished Senator from Massachusetts publicly held debt. That was the right President has in mind. It is 100 percent might yield back some of his time at thing to do, especially if we are not of that surplus. some point. going to come to closure on a true So- There is a Medicare program which is Mr. KENNEDY. Mr. President, how cial Security reform plan that brings very important to seniors. We have much time remains? down future liabilities. done three things in this budget re- The PRESIDING OFFICER. The Sen- While the direction on Social secu- garding Medicare. One, the President ator from Massachusetts has 4 minutes rity was the correct course, failure to cut $20 billion more out of Medicare 16 seconds. hold some of the on-budget surplus to during the next decade, and we said cut Mr. KENNEDY. Mr. President, I will deal with Medicare takes us down the nothing, don’t cut any more by way of use that remaining time so we can wrong fiscal path. Medicare’s financial expenditures out of the Medicare trust move along, then ask for the yeas and problems are not only more acute than fund—$19 billion over 10 years. In addi- nays in accordance with the leadership Social Security’s but also much more tion, our budget plan increases Medi- proposal, and vote. difficult to solve. The fact of the mat- care spending by $200 billion over 10 Mr. President, according to the trust- ter is that even under the reform plan years, an average of $20 billion a year. ees’ report on the Medicare trust fund, considered in the Medicare Commis- Then, starting in the sixth year of this this particular measure will add some 7 sion, solvency would not be signifi- budget, there is an additional $100 bil- years to the Medicare trust fund. Now cantly extended. lion that does not go to tax cuts, does it will be—instead of 2008, in the most Given these facts, it seems to me not go to the Social Security fund, recent figures it is 2015. With 15 per- that the smarter fiscal policy over the that could be used by Medicare if Medi- cent, as we talk about, a substantial long-term would be to leave some of care needed it. In fact, we believe this increase, it will provide the stability the on-budget surplus to address Medi- is a very, very, ambitious program to and solvency of the trust fund to the care. Using it all for a tax cut signifi- make sure Medicare is taken care of. year 2027. That is what this amend- cantly reduces our flexibility to pre- I remind everyone that a strong, ment does. pare for the retirement of the Baby powerful economy is one of the best If we do not take this action, then, if Boom generation and the demands on tools to keep Medicare strong. Just a we look over a 25-year period, it is Social Security, Medicare, and our few weeks ago, the trustees in charge going to mean benefit cuts of 11 per- overall budget that will result from the said, because things have been going so cent in 25 years, 25 percent in 50 years, doubling of beneficiaries eligible for well, we have increased the life of the and 31 percent in 75 years, to make up these programs. Medicare fund from the year 2008 to for the shortfall. Mr. President, I urge my colleagues 2015. We have added between 7 and 8 It seems to me, given the special cir- to support this motion to instruct if years by keeping the economy going cumstances, we ought to protect Social they are serious about acting in a fis- with a lot of employment and people Security and protect Medicare. We still cally responsible way to shore up So- paying into the Medicare system. have resources, even after that, for in- cial Security and Medicare. We believe this budget is good policy dividual accounts, as the President Mr. KENNEDY. Mr. President, how for America. We think it is just as im- suggested—close to $500 billion for indi- much time do I have? April 13, 1999 CONGRESSIONAL RECORD — SENATE S3621 The PRESIDING OFFICER. The Sen- the Kennedy motion to instruct the con- The PRESIDING OFFICER. Who ator from Massachusetts has 1 minute ferees. yields time? 20 seconds. The amendment follows: The Senator from New Mexico. Mr. KENNEDY. Mr. President, I re- At the end add the following in the con- Mr. DOMENICI. Mr. President, I won- serve the remainder of my time. ference report: der if the distinguished Senator from Mr. DOMENICI addressed the Chair. (1) Amendment No. 176, offered in the Sen- New Jersey could tell us, were there The PRESIDING OFFICER. The Sen- ate by Senators ROTH and BREAUX, regarding any other instructions? ator from New Mexico. Medicare reform; and (2) Section 209 of the Senate-passed resolu- Mr. LAUTENBERG. We have poten- UNANIMOUS-CONSENT AGREEMENT tion, offered in the Budget Committee by tially two more. The Senator from Mr. DOMENICI. Mr. President, on be- Senators SNOWE and WYDEN, regarding the Connecticut is going to be offering a half of the leader, I propound the fol- use of on-budget surpluses for a prescription motion to instruct, and there may be a lowing unanimous consent request, and drug benefit. question about another, which we will it has been cleared on both sides. It has The PRESIDING OFFICER. There find out about in just a few minutes. nothing to do with the amendment are 20 minutes equally divided on the Mr. DODD. Mr. President, how does that is pending. amendment. this proceed? I ask unanimous consent the pending Mr. DOMENICI. Mr. President, let me Mr. DOMENICI. Mr. President, I ask motion and any motions or amend- explain to Senator KENNEDY. Senator KENNEDY if he will yield back ments regarding the appointment of The PRESIDING OFFICER. The Sen- time on my amendment. I yield back conferees to the budget resolution be ator from New Mexico is recognized. mine. stacked to occur in the order in which Mr. DOMENICI. We will make a copy The PRESIDING OFFICER. Is the they were offered at the conclusion or of that amendment and distribute it. Senator from Massachusetts willing to yielding back of time on the motions. I What we are going to do with this yield back time? further ask that there be 2 minutes be- amendment is simply add to the end of Mr. KENNEDY. Are you talking fore each vote for the explanation and the Kennedy amendment two provi- about the second-degree amendment? sions that were voted on by the Senate the votes in the sequence after the first The PRESIDING OFFICER. Yes; it is during the debate, just as most of his vote be limited to 10 minutes. the first-degree amendment to your instruction was already voted on. Mr. KENNEDY. Were the yeas and motion. These two sections are essentially as nays included, Mr. President? Reserv- Mr. KENNEDY. No, not at this time, follows: No. 1, the Roth, Breaux, and ing the right to object—I do not intend Mr. President. to —will the Senator ask it be in order others amendment regarding a bipar- The PRESIDING OFFICER. Who to ask for the yeas and nays at this tisan proposal on Medicare; and, No. 2, yields time? time for all of those amendments? an amendment offered by the Budget Mr. KENNEDY. I suggest the absence Mr. DOMENICI. No, Senator; we want Committee in behalf of the distin- of a quorum. to wait until the time has expired. guished Senator from Maine, Ms. You want to get the yeas and nays SNOWE, which essentially said that any The PRESIDING OFFICER. The now? additional on-budget surplus, non-So- clerk will call the roll. Mr. KENNEDY. Yes, please. cial Security money, that existed be- The assistant legislative clerk pro- Mr. DOMENICI. We can still amend. yond the tax cut—which is, as I under- ceeded to call the roll. You could not, but we could. stand, about $102 billion starting 5 Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. Is there years from now—could be available for unanimous consent that the order for objection to the request? Without ob- prescription drugs. the quorum call be rescinded. jection, it is so ordered. Essentially, what we will then do is The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I ask we will get a request for the yeas and objection, it is so ordered. for the yeas and nays. nays on our amendment. I understand, UNANIMOUS CONSENT AGREEMENT The PRESIDING OFFICER. Is there a pursuant to the unanimous consent, Mr. DOMENICI. Mr. President, with sufficient second? when it gets called up in order, we will reference to the issue that is before us, There is a sufficient second. get an additional 2 minutes, 1 minute I ask unanimous consent that with re- The yeas and nays were ordered. per side, to explain it. spect to votes in order to the motion to Mr. DOMENICI. Mr. President, I un- So, essentially I am just asking we appoint conferees, the Domenici derstand the distinguished Senator add to the end of yours, two proposals amendment No. 252, which I have just from Massachusetts has 1 minute. that have already been adopted by the described, be considered a separate mo- Mr. KENNEDY. I will be glad to yield Senate: One, the Roth-Breaux et al. on tion to instruct and the vote occur on, it back. the bipartisan Medicare proposal; and, or in relation to, the Domenici motion, Mr. DOMENICI. If he yields his back, second, the Budget Committee portion, to be followed, pursuant to the consent I am going to yield mine back. which was Senator SNOWE’s amend- agreement, by a vote in relation to the Mr. KENNEDY. I yield mine back. ment, which said any excess surplus be- Kennedy motion. The PRESIDING OFFICER. The Sen- yond the tax cut and Social Security The PRESIDING OFFICER. Without ator from New Mexico. could be used for prescription drugs. objection, it is so ordered. AMENDMENT NO. 252 TO THE KENNEDY MOTION TO So we will vote on ours first and see Mr. DOMENICI. Having said that, INSTRUCT CONFEREES what happens to yours. with reference to mine, I yield back Mr. DOMENICI. Mr. President, at the Mr. KENNEDY addressed the Chair. any time I have. end of the Kennedy motion add the fol- The PRESIDING OFFICER. The Sen- Mr. KENNEDY. I yield back the lowing: Include in the conference re- ator to Massachusetts. time. port, No. 1, amendment No. 176, offered Mr. KENNEDY. Mr. President, the Mr. DOMENICI. I thank the Senator by Senators ROTH and BREAUX, regard- Senator obviously is entitled to con- very much. ing Medicare reform; and section 209 of form with the Senate rules. But we are Mr. KENNEDY. I thank the Senator. the Senate-passed resolution to the as well. So we will continue to go along The PRESIDING OFFICER. The Sen- budget offered by Senators SNOWE and on this merry chase until we have an ator from Connecticut is recognized. WYDEN, regarding the use of on-budget opportunity to vote on this measure. surpluses for prescription drug bene- We are glad to spend whatever time de- Mr. DODD. May I inquire of the fits. bating Medicare that the chairman of chairman, I can offer a motion? I send the amendment to the desk. the committee wants. Mr. DOMENICI. Yes, indeed. The PRESIDING OFFICER. The You can load this up as the rules per- MOTION TO INSTRUCT CONFEREES clerk will report the amendment. mit, but the rules also permit us fi- Mr. DODD. Mr. President, I send a The assistant legislative clerk read nally to get a rollcall, and we are going motion to the desk and ask for its con- as follows: to take full advantage of the rules to sideration. The Senator from New Mexico [Mr. DOMEN- make sure we do. I will just let the The PRESIDING OFFICER. The ICI] proposes an amendment numbered 252 to membership understand that now. clerk will report the amendment. S3622 CONGRESSIONAL RECORD — SENATE April 13, 1999 The assistant legislative clerk read Why do we need to add money to the may get the benefit of it. But if you are as follows: block grant? When we passed the wel- down at that $20,000-a-year level—this The Senator from Connecticut [Mr. DODD] fare reform package a few years ago to is not a great mystery to anybody—the moves to instruct conferees on H. Con. Res. move people from welfare to work, all idea you are going to get a tax break at 68, the Concurrent Resolution on the Budget across the country States took what that income level that can meet the for Fiscal Year 2000, to include in the con- little money they had for child care cost of child care is just a fantasy. ference report the Dodd-Jeffords amendment and provided it to the welfare recipient No. 160, as modified, which passed the Senate So we want to increase the block on March 25 by 57–40. as they came off welfare and went to grant by $12 billion over 10 years na- work. Mr. DODD. Mr. President, first, how tionwide to help these families. I think But tragically, what has happened in this body, regardless of which side of much time is allowed on this? Idaho, Connecticut, and many other The PRESIDING OFFICER. Thirty the aisle we sit on, ought to be able to places is, the family that was not on minutes equally divided, 15 minutes per find room in our hearts and our budget welfare, that was on the margin and side. The Senator from Connecticut is for this, if we care about these working working, now loses child care assist- recognized. families. Mr. DODD. I thank the President. ance. It is a great irony in a way. We understand the pressures, the tre- Let me begin these brief remarks by So what Senator JEFFORDS, Senator mendous pressures, on these families. I CHAFEE, Senator COLLINS, Senator once again commending my dear friend was at a child-care center at the Jus- SNOWE, Senator ABRAHAM, Senator from New Mexico, the chairman of the tice Department yesterday here in FRIST, Senator HATCH, Senator committee. We use the word ‘‘friend’’ Washington. It is a magnificent child- DEWINE, Senator ROBERTS, Senator around here to describe each other care center. As you can well imagine, CAMPBELL, Senator SPECTER, Senator with great frequency. On numerous oc- they have done a good job down there. WARNER and I, and others, are asking casions, we actually mean it, and this But that good care costs. is one of those instances. He is one of here in this budget resolution is that we ought to try to do something about I spoke to a woman who is a lawyer my best friends in the Senate. So it is with the Justice Department and has with a degree of reluctance I rise to this. The people who need this are working children at the center. Her husband is offer this motion because this is in re- people with young children. They need a public interest lawyer. They have gard to an amendment that was passed the kind of help this block grant can three children in that child-care cen- by a pretty good vote, Mr. President, provide. Some people have mistakenly ter, twins and a young child. It cost 57–40, during the consideration of the said, ‘‘Well, I don’t like this program them $26,000 a year—$26,000 a year. And budget resolution. because it says that a parent couldn’t they are happy just to have a place. Occasionally, there are matters that choose a church-based child-care pro- The waiting list is a mile long, which is are bipartisan on these budget resolu- gram.’’ That is not true. This money another problem we face here and why tions. I argue strongly this is one of can go to church-based programs, I offer this motion. them. Child care is an issue that does neighborhoods, families. It is not re- All over the country we see this sce- not have an ideological parent, does stricted as to the kind of child care set- nario replicated—in the State of Cali- not have a partisan parent, if you will. ting that a family can choose to use. fornia the waiting list is some 200,000 This is an issue of which I believe peo- This is a good bipartisan proposal. It children. In Texas and Florida, there ple all across the country appreciate is with a great degree of reluctance are similar lists. the importance. that I offer this motion to instruct. So, Mr. President, again, I would love The average cost of child care is But the reason I have to do it—and, to hear the members of the Budget $4,000 to $10,000 per child. Even families again, I have such great affection for Committee say, ‘‘Listen, you know, we that have decent incomes and have two my colleague from New Mexico; and he didn’t like this amendment terribly, or three children can appreciate the can straighten me out on this if he but we did have a strong bipartisan cost of child care. One can imagine cares to; in fact, I wish he would—but vote’’—that is a pretty strong vote, al- then, when talking about working fam- I am reading now from this report—the most 60–40 here on this amendment; it ilies who are struggling to keep food on ‘‘Daily Report for Executives’’. ‘‘U.S. was sponsored in a bipartisan fashion; the table, how important this kind of a Budget, Domenici and Kasich agree on it was passed in a bipartisan fashion— proposal is for them. final budget.’’ This is dated April 13, ‘‘while we weren’t enthusiastic about The amendment that was adopted ex- Tuesday, today. It says, my friend: this initially, this is one we are going pands an existing program—it does not Domenici and Kasich also said they had to take.’’ If that is the case, then I do create a new program. It was almost a stricken from the final budget plan a Senate- not want to have our colleagues have decade ago that my friend from Utah, passed amendment sponsored by [yours to vote twice on something here. I do Senator ORRIN HATCH, and I offered the truly] Sens. CHRISTOPHER DODD [of Con- not like doing that. But when I read child care block grant, which was necticut] and JAMES JEFFORDS [of Vermont] here that I am dropped, I am history, I adopted. President Bush, to his credit, that would have reduced the size of the tax am being kind of written off, then you supported and accepted the block grant cut by $10 billion [over 10 years] and made do not leave me much choice but to de- proposal. that money available to a child care pro- gram. fend myself. For almost 10 years now we have had ‘‘What they’re going to do is they’re going this child care block grant. And it’s I am forced to defend it for the fami- to have some language in there that’s going lies out there who got excited about only drawback is that it doesn’t have to say that out of the $780 billion tax [cut] enough funding to reach all eligible some consideration ought to be given to fam- the fact that in this budget resolution children—only one in ten can currently ilies that have child care needs,’’ Kasich said we had made a place, for the first time receive assistance. So Senator JEF- of the language in the final budget that will in years, to provide some assistance. FORDS and I offered, along with 55 other replace the Dodd-Jeffords amendment. So I plead with my colleagues here to ‘‘And we’ll drop all add-ons like Dodd-Jef- Members of this body—12 members of not oppose this, in fact even accept fords,’’ Domenici added. this instruction, if you will, and let’s the majority and 45 members of the mi- Kasich [then] said they had no intention of nority—a proposal that would increase creating a new child care entitlement— see if we can’t convince some of those the child care development block grant This is not new. It is a 10-year pro- recalcitrant voices who do not want to by $5 billion over 5 years, about $1 bil- gram. I am just adding resources to it; embrace the idea that this Congress lion a year. It amounts to little more no question about that— could do something about working families and their children. than $12 billion over 10 years. We pay but suggested that the final budget will rec- for that by reducing the $780 billion ommend that the child care-related tax [cut] With that, Mr. President, I reserve proposed tax cut by the same amount. relief be looked at by the tax-writing com- the remainder of my time. We also said in this amendment that mittees ‘‘because there are needs out there.’’ Mr. DOMENICI addressed the Chair. it is our preference, if there is a tax cut I appreciate the last phrase, ‘‘because The PRESIDING OFFICER. The Sen- proposal, that we also do a child care there are needs.’’ ator from New Mexico. tax cut for all working parents as well The problem, of course, with just tax Mr. DOMENICI. How much time does as for stay-at-home parents. writing is that if you pay taxes, you Senator DODD have? April 13, 1999 CONGRESSIONAL RECORD — SENATE S3623 The PRESIDING OFFICER. Senator I guess I could tell you for myself, I maybe if we go into that conference— DODD has 4 minutes 49 seconds remain- understood very clearly who voted. and I know the chairman does not ing. There were some Republicans who agree with this amendment, but I know Mr. DOMENICI. I say to Senator voted with you. I didn’t happen to be he has historically respected the will of DODD, let me just put in perspective one. But I am not going to be able to the Senate even when he disagrees with what we are going through here this carry any more water with any more it, which is the mark of a good chair- afternoon. assurance or any more power in the man, in my view, and he goes on and I am a mild-mannered guy. water that I carry because we vote says, look, ladies and gentlemen here, Mr. DODD. Yes, you are. again this afternoon than to go to that not only this crowd in the Senate, over Mr. DOMENICI. That does not mean conference and wrap it up and say, Sen- my objection voted for this once, they I do not get excited about things. ator DODD and Senator JEFFORDS won— did it twice. The bipartisan Senate Look, everything we are talking about not that they won this instruction. cares about this and thinks it is an im- here on the floor we just voted on. You That would be there. So if you want to portant priority. To that extent, it either won or you lost. You happen to save some time, you might just urge may have some value. have won. Senator KENNEDY has a pro- me to do it better than the news re- Mr. President, whatever time I have posal. That already was voted on. He ports, and I tell you I am going to try. remaining, I see my colleague from lost. Let’s see, what else do we have? I tell you that if we can’t do that, I am Vermont. Oh, Senator LAUTENBERG has an in- going to find some way in the tax in- Mr. DOMENICI. I just want to say, struction. We already voted on that. structions to see if we can’t do some- whatever time Senator JEFFORDS It is interesting. I would just put in thing significant in the area of child needs, a few minutes, we will make perspective for the Senators and for care through the Tax Code. But if you sure he gets them. I would like to tell those listening, normally—I have been would like a vote, that may be an easi- you, since you indicated that you and I here for a while; I have wrapped up a er way. have worked together on a lot of lot of budget resolutions—we appoint I say, though, there is a reason that things, do you know what you could do we do not need to vote in additional the conferees. That is what we are for me that would be the best thing money for this program. I will tell you doing here, this little administrative going? Not to have so many votes on what it is. I do not know the ultimate job of appointing conferees. We nor- budget resolutions. What is happening, number, but I understand that almost mally do it at the same time we pass we spend so much time voting on them all the States have a very large surplus those resolutions. So if we finish at 10 that Senators are wondering what this in the TANF program, the Temporary o’clock at night, by 10:15 this is gone, whole process is all about. This year Assistance for Needy Families pro- they have been appointed. Nobody probably 50 percent of the votes, maybe gram. That is the successor to the wel- moves to instruct the conferees, be- 60 are all on the budget resolution and fare program, Mr. President. When we cause they just voted on it; they al- the four or five today. My job is get- sent them the money, we sent them a ready got their instructions through ting more difficult because of that. their votes. block of money predicated upon a sig- nificant caseload and estimates about Pretty soon Senators will be saying We made a mistake. We made a mis- maybe it is not worth all this trouble. take. We should never have seen the how much it would be reduced. It turns out that almost every State How much time do you need? press last night. We were not obligated Mr. JEFFORDS. Five minutes. to tell the press we had a meeting. We has a very large surplus there. What they plan to do with it, not every State Mr. DOMENICI. Do you have any like to keep them informed. But now, but a very large number of them, is to left? because of everything they said about use it for this program. As a matter of Mr. DODD. I don’t know if I do or what we discussed, Senators are say- fact, I understand the regulations have not. ing, ‘‘Well, maybe they are not going The PRESIDING OFFICER. The Sen- been approved just yesterday which to do in that conference what the Sen- will authorize the States to use their ator from Connecticut has 2 minutes 50 ate said we should do, so we are coming TANF, Temporary Assistance for seconds remaining. to the floor and reproposing the whole Mr. DOMENICI. You yield your 2, and Needy Families, excesses for the block thing,’’ bringing the issues all back up, grant program, which we would still be I yield him 3. even if they lost on them or even, in Mr. DODD. Absolutely. funding for child care. So essentially I Mr. JEFFORDS. Mr. President, I Senator DODD’s case, where he won on think we are going to have an expanded rushed over here in hopes of getting to them, and we are going to have to vote child care program. I do not think we the floor on time, and I appreciate very again. need to do this, but I do not go to con- Actually, everybody should under- much the opportunity to speak on this ference based on that. That is just an stand, an instruction to the conferees, explanation to the Senate as to why a very important issue. I have worked with the Senator from through the process we are doing this number of Senators did not think we Connecticut for years on child care. afternoon, is nice. It is a wonderful needed to vote for that when it first ap- thing. You should be very pleased if peared and won. Every time we think we have a victory, you win. But the House isn’t bound by Now I yield back the remainder of it somehow disappears. Yet the need it. That is just the simple truth of it. my time. for quality child care does not dis- The conference is not between Senators Mr. DODD. Before my colleague does appear. The need continues to increase. asking for a second vote which will that, again, I appreciate my colleague We must take advantage of the infor- make their will the law; they are ask- from New Mexico, the chairman, has a mation we have learned and recognize ing that we do something with the difficult job. Having served on the that the early years of life are so in- House to make them go with us. I am Budget Committee for many years with credibly important in a child’s develop- not promising that I can do that. If you the chairman of the committee, I have ment. The first 3 to 5 years are critical. win here on the floor, I am not prom- a great admiration for his ability and At this point, we do little or nothing ising that I can do that. As a matter of the difficult job he has. I appreciate as for this age group and these are the fact, some Senators think I can, that if well the fact that this is a somewhat most important years of your life in we are to vote again on Dodd-Jeffords, unique procedure, although we have many respects. Fortunately, few babies I should just go over there and I will used it in the past. It is not uncommon get totally ignored during that period. win that. for it to be done. I hope my colleague But this is the period in time which the Well, it isn’t quite that easy. I do a appreciates, that when I pick up and brain develops most rapidly. It is the little better here on the floor some- read that my amendment has been one which can be most damaged by the times with all these Senators from pushed out, before the conference has lack of adequate child care. both sides than I do sometimes in those even met, that it makes it kind of hard I will be introducing on Thursday conferences. I am not going to offer a on me and hard on those of us who sup- and I thought it was going to be the second-degree. We all understand the ported that amendment. filler for what we did on the budget issue. If you want to vote, we will have So, yes, this is taking advantage of a bill. We were all ready to go, and now a vote. unique situation here, but maybe, just we are back to ground zero on this S3624 CONGRESSIONAL RECORD — SENATE April 13, 1999 issue. Well, I am going to introduce the In this motion, I move to instruct Now, we have farmers raising wheat bill on Thursday in hopes that this the conferees on H. Con. Res. 68, the and selling it for Depression-era prices issue does not go away and that it will concurrent resolution on the budget for in constant dollars. How would you continue to be heard before the con- fiscal year 2000, to include in the con- like to be receiving wages that are De- ference. We must continue to try to do ference report provisions that would pression-era wages right now in con- what must be done for the children of provide additional funding for income stant dollars? this country. assistance for family farmers above the How about a minimum wage for fam- In addition, we have to look at busi- level provided in the Senate-passed res- ily farmers? We debate minimum wage nesses and do something to give them olution. here on the floor of the Senate and I al- the incentives to have their own child Why am I asking for favorable con- ways vote for it. I think the folks at care. We have to make sure that we sideration on this motion? Yesterday, I the bottom end of the ladder need to be take care of the most critical thing and read on the Senate floor a letter from given the chance to raise themselves to make sure that we deliver quality a North Dakota woman that I want to up a bit. child care and learn how to maximize read today. Her name is Susan Jor- What about an opportunity to pro- the period of time in a child’s life genson. She wrote in her letter, de- vide a fair price for farmers? Wheat which is so critically important. scribing the plight of family farmers, prices and grain prices have collapsed. I want to do everything I can, and I something that I think everybody lis- Cattle prices and pork prices have col- am sure the Senator from Connecticut tening to this debate should digest. lapsed. Farmers are having auction joins with me in saying we are not Susan Jorgenson has lost her husband. sales and 17-year-old boys won’t get going to let this issue go away. We will He died last August. She said he had di- out of bed because they are so heart- do whatever it takes to make sure this abetes, but she said: sick about losing their farms. country is in a position to allow our . . .what I really feel caused his death was We are told by people around here: children to maximize their opportuni- trying to make a living as a family farmer. Well, that’s just the way the market ties in school by having the best child She said: system works. That is not a system care possible. I had an auction last week to sell the that works at all. The system says to This is an incredibly important issue. [farm] machinery so I can pay off some of those who gas the tractor in the spring, I know that the Senator from New the debt that [we] incurred after 26 years of plow the ground, plant the seed, and Mexico is with us in the sense that he farming. I have a 17-year-old son who would harvest the crop that their work has no understands the essential aspects of not help me prepare for the auction and did value but the giant agrifactories that not get out of bed the day of the [auction] maximizing opportunities during the make a fortune with it have value. I sale because he was so heartbroken that he am saying that this Congress must do most critical period in a child’s life. In could not continue [to farm] this land [that the past, the Senator has been sup- he loved]. something about that. This Congress must decide that family farmers mat- portive of us, and I hope he continues She said this of her husband: ter in this country’s future. to do so. At this point, I will close and He chose to farm rather than to live in say, I am going to plow forward. I I have watched the chairman of the Phoenix where he had a job with Motorola Budget Committee fight for things that know we will work with the Senator [early on] because he wanted to raise his from Connecticut and we are not going children in a place with clean air, no crime, matter to him. I have watched him to let this issue go away. and good schools. He worked very hard, fight for the National Labs and so Mr. DODD. Mr. President, I ask for physically and emotionally, to make this many other things that are so impor- the yeas and nays on the motion. farm work and its failure was . . . no fault of tant to him and there is no more tena- The PRESIDING OFFICER. Is there a his own. cious of a fighter in the Senate than sufficient second? That is what this farm wife says the Senator from New Mexico about There is a sufficient second. about her deceased husband. the things that matter to him. I feel The yeas and nays were ordered. What is happening on the family the same way about family farmers. Mr. DOMENICI. Mr. President, does farm? Everybody is making money but That is what matters to me. I am not the Senator yield back his time? them. They raise the crop and give it saying that [farming] doesn’t matter to Mr. JEFFORDS. Yes, I yield back the to a railroad; the railroad makes a him or anybody else. I am not making remainder of my time. record profit hauling it. They raise a judgment about that. I am just say- Mr. DOMENICI. Mr. President, that steer and sell them to the slaughter ing that we have a full-blown emer- means we have one proposal left, as I house; the slaughter house makes a gency in rural America. understand it. profit and the farmer goes belly up. I held up a chart yesterday that I yield the floor. They raise grain and put it into a ce- showed the counties in this country real manufacturing plant, and they which are losing population, which MOTION TO INSTRUCT CONFEREES then take that wheat or rice and puff it have lost over 15 percent of their popu- Mr. DORGAN. Mr. President, I send a and send it to a grocery store as puffed lation in the last 15 years. What you motion to the desk. wheat or rice. The company that added have is a huge red swath in the middle The PRESIDING OFFICER. The the puff makes a mint and the farmer of America being depopulated—the clerk will report the motion. goes broke. Everything that touches middle part of our country. The assistant legislative clerk read what the farmer raises makes record We need a farm program that works. as follows: profits, and the farmers are going And when we see auction sale posters The Senator from North Dakota, Mr. DOR- broke in record numbers. from wall to wall in small towns, and GAN, moves to instruct conferees on H. Con. We have a serious emergency on fam- small town businesses boarded up—so Res. 68, the concurrent resolution on the budget for fiscal year 2000, to include in the ily farms. Here is a headline con- many auction sales that they have to conference report provisions that would pro- cerning prairie dogs. Some groups have call retired auctioneers out of retire- vide additional funding for income assist- now decided —including in the Govern- ment to handle the sales—we ought to ance for family farmers above the level pro- ment—that we have a big problem, understand that this counts for some- vided in the Senate-passed resolution. that we have to save prairie dogs. I thing in this country and that we need Mr. DORGAN. Mr. President, we are don’t know if these folks have driven to develop a public policy that says we dealing with the budget and the nam- around my part of the country much, are going to try to do something to ing of conferees, and a number of prior- but we have lots and lots of prairie stop the flow of family farmers who are ities have been discussed here on the dogs. We don’t need a Federal program leaving the land and discovering that floor of the Senate. That is what a to ensure that we are going to have their hopes and dreams have come to budget is, establishing priorities. I them in our future. Prairie dogs will an end. offer this motion to instruct, and it is take care of themselves, thank you. Every single month, we add a ‘‘New very simple. The Senator from New What we lack are family farmers. York City’’ in population to this Earth. Mexico said he would like to take this, Every day in every way, every week, Every month, a new ‘‘New York City’’ and if he does, I will not ask for a re- every month, and every single year, we is added in population to this Earth. corded vote. lose more and more family farmers. Yet, farmers are told that the food they April 13, 1999 CONGRESSIONAL RECORD — SENATE S3625 produce has no value. The market sys- have made—$2 billion in each year, Mr. DORGAN. Mr. President, let me tem says it has no value. That is not more or less, in this budget resolution. take a minute to say that I understand logical. Over half of the people on this At first we decided we would do $4 the point the Senator from New Mexico Earth go to bed with an ache in their billion at the behest of some Senators made. I appreciate the additional $6 belly because they don’t have enough from the middle of the heartland of the billion that was added over the 5 years. to eat. agriculture country. They asked for My point is, it is far short of what we I have mentioned time and again— more. We put $2 billion more in. That need in terms of income support. It is and I will do it again—that in Sudan has been done. Why do I say that? Be- the case that the administration budg- people talk about old women climbing cause the President of the United et did not do nearly what it needed to trees to gather leaves to eat because States, who has his agriculture Sec- do. But there comes a time at some there is nothing to eat. Ask yourselves retary traveling all over the United point when the urgency of the situa- about the people in refugee camps States in agriculture country talking tion in rural America really requires us today and what their needs are. It is about the needs of the family farm and to say this isn’t about us or them any- food. Somehow this system of ours, in the needs of the farmers, did not put more; it is about what we are going to a Byzantine way, says that those who one penny of increase for agriculture in do together to respond to a real prob- produce the food ought not to get full their budget. I don’t know whether lem of significant consequence to this value for it, but those who make it into they expected that we would come country. We will simply not have fam- cereal, those who haul it, those who along because we have Senators who ily farmers left unless we together, Re- add value somehow should achieve really pushed this and we would put publicans and Democrats in Congress, record profits. There is something the money in. recognize that we have a farm bill that wrong with that system. But I believe for a President of the says when market prices collapse, it’s I hope this Senate will go on record United States in the midst of an agri- response is too bad. That can’t be the saying that we need to do more and culture disaster, more or less, to leave farm bill response. better. My personal feeling is that we it up to Senators to have to put more When market prices collapse, if we need to take the caps off the loan money in for agriculture—but you can want to save family farmers, we have rates. The farm bill—which I didn’t count on it. They won’t be remiss in to build a bridge across those valleys. Only the largest corporate farms will vote for because I didn’t think it was a going out there and talking to the survive a collapse in market prices. good bill—was saying we will take farmer about what they did. They They are big enough and strong enough away with the fine print what we should put up their hand, like this, and to survive. Family farmers can’t and promised to give you in the large print. say they did zero. At least we put $6 won’t. So if we care about having peo- We promised a loan rate, and we prom- billion new money in for which the dis- ple live out on the land, if we care ised that that loan rate would produce tinguished Senator has thanked the about the special quality family farms $3.25 in wheat, but in the small print it Budget Committee when we put it in. and small towns give this country, was limited to about $2.58. And so did his colleague from his then we must reconnect and provide Let’s take away that provision that State. He thanked the committee. You some kind of basic safety net for fam- limits the amount of support and help put in $6 billion. Nobody did at the ily farmers. farmers during this period of collapsed White House. There was nothing. So it isn’t as if we are not concerned Again, I see all these headlines about prices and see if we can give them the and as if we did nothing. As a matter of prairie dogs. They are going to save the opportunity to have a decent income fact, we have been spending a very prairie dog. God bless the prairie dog. when prices collapse. If we don’t build healthy amount of money for agri- There sure are plenty of them in my a bridge across those valleys, nobody culture. And we are going through State. We don’t need a special effort to will do it. We will be left with a coun- some cyclical problems in agriculture, save prairie dogs. We need to save fam- try full of giant agrifactories farming with parts of the worldwide economy ily farmers. That is the message, and from California to Maine. We will get not in very good shape. And they used that is the urgency, in my judgment, the food all right, but it will be more to buy a lot of our agricultural prod- for a public policy debate here in Con- expensive, and nobody will be living in ucts. We know that. We are getting gress and the establishment of the cor- rural America. We will have lost some- better at producing more with less rect priorities in this budget to say to thing very important—family farmers, acreage, and there seems to be no limit family farmers, ‘‘You matter.’’ Some small towns, main street businesses, to that. We get better all the time. In say we need a national missile defense and a very special and unique part of other words, the farmer is producing system. Yes, that might be the priority this country’s character that comes prolifically in the United States, be it for some. But I happen to think we from that part of America. the family farmer or the corporate need a farm program that works for So I am offering this motion to in- farm. We are producing large amounts. family farmers. In the absence of it, we struct conferees to ask that money be Having said that, I don’t know ulti- are going to see wholesale bank- added above the Senate level for in- mately how we resolve this issue, but ruptcies and more and more auction come support for family farmers. for now we are going to conference sales, and this country will have lost Mr. President, I reserve the remain- with this proposal saying we ought to something that is very important to its der of my time. do more, if we can. And, frankly, I ap- character and its economy. Mr. DOMENICI. Mr. President, first, preciate the Senator bringing it to all Mr. President, I yield the floor and I greatly appreciate the kind remarks our attention. reserve the remainder of my time. of my good friend, and I say to him It will be accepted now, if he doesn’t The PRESIDING OFFICER. Who that on some of the issues he cares mind. yields time? about, such as agriculture and the I yield any time I have. Mr. DOMENICI. Mr. President, let me problems of the family farm, he has as Mr. DORGAN. Mr. President, my col- say to the Senators who are not here much tenacity as anybody around here. league, Senator CONRAD, wanted to but are listening to what is going to be I compliment him for that. speak for at least 5 minutes. I under- going on on the floor, that in about 6 or We are going to accept his motion be- stand he is on his way. I hope we can 7 minutes, I hope not much longer than cause it says we ought to try to do bet- wait for just a moment. It appears he that, we are going to start voting. ter in conference than we did here, and could use the remaining 5 minutes of There is already a consent agreement everybody understands that we will do my time. to vote on everything. All votes are that. If the Senate accepts this, we will Mr. DOMENICI. I ask unanimous stacked this afternoon. That means we try to do that. However, in defense of consent that I be vested back with any will have about five or six votes. After the budget resolution, I will make two time that I had remaining. I thought the first one, they will be 10 minutes, big points that are very important. we would finish. That is why I yielded. with both sides having 2 minutes to ex- The budget resolution increased the The PRESIDING OFFICER. Without plain each proposal, and on each in- mandatory spending, the spending for objection, it is so ordered. struction 1 minute on the side. So we agriculture, $6 billion over what it Mr. DOMENICI. Thank you very ought to be starting by 4:15, and per- would have been but for the change we much. I yield the floor. haps in an hour we will be finished. S3626 CONGRESSIONAL RECORD — SENATE April 13, 1999

The PRESIDING OFFICER (Mr. GOR- unraveling of the farm safety net in ing the Social Security trust fund that TON). Who yields time? this country and will mean we will lose is in the budget resolution which Mr. DORGAN. Mr. President, I yield 4 literally tens of thousands of farm fam- passed the Senate with every Repub- minutes to the Senator from North Da- ilies this year. We are not talking lican and one Democrat supporting it. kota, Senator CONRAD. about sometime in the distant future. Since it is consistent with the budget The PRESIDING OFFICER. The Sen- We are talking about right now. We are resolution, and I still have to go to ator from North Dakota. talking about an economic calamity. conference with the House under all Mr. CONRAD. Mr. President, I thank Again, I hope my colleagues will sup- circumstances, I recommend on our my colleague, Senator DORGAN, for of- port this motion. I yield the floor. side, at least, that everybody vote for fering this motion, and for bringing to The PRESIDING OFFICER. The Sen- it. the attention of our colleagues in the ator from New Mexico. I yield back any time remaining. Senate the disastrous circumstances Mr. DOMENICI. I don’t believe I need The PRESIDING OFFICER. The Sen- we face in American agriculture. to respond. I gave my response to the ator from New Jersey. I represent North Dakota. I can tell principal sponsor. We have agreed to Mr. LAUTENBERG. Mr. President, you that in agriculture in our State we accept the instruction. this motion is pretty simple. It in- are on the brink of a depression. We are I yield back any time I might have structs the conferees on the budget res- the victims of a triple whammy of bad and I yield the floor. olution to include in the conference re- prices, bad weather, and bad policy. The PRESIDING OFFICER. The port provisions that would reserve all Bad prices are the lowest prices for question is on agreeing to the motion. Social Security surpluses for Social Se- farm commodities in 52 years. The bad The motion was agreed to. curity, and only Social Security—no policy is the last farm bill that was Mr. DOMENICI. Mr. President, per- other programs, including other retire- passed, and some of our trade policy haps we could engage in a parliamen- ment programs, and not for tax cuts. that has left America vulnerable to a tary discussion regarding order. If I am I hope when the conference is held very intense effort by our competitors. correct, the first vote would be on the that the distinguished chairman of the Mr. President, our chief competitors— Lautenberg Social Security motion. Senate Budget Committee will be there the Europeans—are spending 10 times The PRESIDING OFFICER. The Sen- to say, ‘‘Here is a vote that is poten- as much to support their farmers as we ator is correct. tially 100–0 or 95–5. This is serious.’’ are spending to support ours. We are, Mr. DOMENICI. There is 1 minute on It is not part of a scheme to go into in essence, saying to our farmers, you each side to discuss the motion. conference and say, ‘‘Sorry, we are go out and compete against the French The second vote will be on the dropping it.’’ We don’t want it dropped. farmer and the German farmer, and, Domenici motion. We will explain that I know that the distinguished chair- while you are at it, take on the French when the time comes. Then we will man of the Budget Committee doesn’t Government and the German Govern- vote on the Kennedy Medicare tax really want it dropped. ment as well. That is not a fair fight. breaks motion. Then we will vote on We can differ about the approach, but In addition to the bad prices and the the motion of Senator DODD. all of us will make a single statement: bad policy, we are also stuck with bad The PRESIDING OFFICER. The Sen- If Social Security has a surplus, we weather. We have had 5 years of overly ator is correct. want it there for the people who are wet conditions in North Dakota. The Mr. DOMENICI. Mr. President, I sug- going to retire when their time comes. result has been the development of a gest the absence of a quorum. It is as simple as that. disease called scab. That is a fungus. It The PRESIDING OFFICER. The I am pleased to have the support of has dramatically reduced production. clerk will call the roll. the chairman of the Budget Com- There are parts of North Dakota that The legislative clerk proceeded to mittee. saw their production reduced 40 per- call the roll. The PRESIDING OFFICER. The cent. Mr. DOMENICI. Mr. President, I ask question is on the motion. The yeas So you put all of this together, what unanimous consent that the order for and nays have been ordered. The clerk do you have? You have an economic ca- the quorum call be rescinded. will call the roll. lamity, a disaster of its own, with the The PRESIDING OFFICER. Without The legislative clerk called the roll. lowest prices in 52 years and produc- objection, it is so ordered. Mr. NICKLES. I announce that the Mr. DOMENICI. Mr. President, for all tion reduced because of bad weather, Senator from Virginia (Mr. WARNER) is Senators who might be listening, the and because of an outbreak of disease necessarily absent. first motion to instruct is Senator that is unprecedented in this century, Mr. REID. I announce that the Sen- LAUTENBERG’s on Social Security. This and couple that with the bad policy of ator from New York (Mr. MOYNIHAN) is is essentially consistent with the budg- a bad farm bill that has been put in necessarily absent due to surgery. et resolution that we voted for on our place that makes no note of what hap- I further announce that, if present side of the aisle. I ask every Senator to pens to farm prices but that cuts each and voting, the Senator from New York vote for it. and every year the support that is (Mr. MOYNIHAN) would vote ‘‘Aye.’’ I suggest the absence of a quorum. given to American agricultural pro- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The ducers at the exact time our competi- any other Senators in the Chamber de- clerk will call the roll. tors are dramatically increasing what siring to vote? The legislative clerk proceeded to they are doing for their producers. The result was announced—yeas 98, call the roll. Mr. President, Members of the Sen- nays 0, as follows: ate, this is an emergency. It is a dis- Mr. DOMENICI. Mr. President, I ask [Roll No. 82 Leg.] aster. It is stunning in its proportion. I unanimous consent that the order for just completed a series of meetings the quorum call be rescinded. YEAS—98 across the State of North Dakota. Ev- The PRESIDING OFFICER. Without Abraham Chafee Fitzgerald objection, it is so ordered. Akaka Cleland Frist erywhere I went, producers took me Allard Cochran Gorton aside and said unless something is done VOTE ON LAUTENBERG MOTION TO INSTRUCT Ashcroft Collins Graham and done quickly, we are faced with a Mr. DOMENICI. Mr. President, I have Baucus Conrad Gramm calamity of losing tens of thousands of 1 minute and the Senator from New Bayh Coverdell Grams Bennett Craig Grassley family farmers across the heartland of Jersey has 1 minute. Have the yeas and Biden Crapo Gregg America. nays been requested? Bingaman Daschle Hagel I hope very much that our colleagues The PRESIDING OFFICER. The yeas Bond DeWine Harkin Boxer Dodd Hatch will support this motion that instructs and nays have been ordered. Breaux Domenici Helms the conferees to provide additional Mr. DOMENICI. Senators should be Brownback Dorgan Hollings funding for agricultural policy reform. on notice we will start this vote in 2 Bryan Durbin Hutchinson It is critically needed. It must be done. minutes. Bunning Edwards Hutchison Burns Enzi Inhofe The consequences could not be more se- This motion to instruct says to the Byrd Feingold Inouye rious. A failure to act will lead to the conferees, adopt the language regard- Campbell Feinstein Jeffords April 13, 1999 CONGRESSIONAL RECORD — SENATE S3627 Johnson McCain Sessions The PRESIDING OFFICER. Who Stevens Thompson Voinovich Kennedy McConnell Shelby Thomas Thurmond Warner Kerrey Mikulski Smith (NH) yields time? Kerry Murkowski Smith (OR) Mr. KENNEDY addressed the Chair. NAYS—42 Kohl Murray Snowe The PRESIDING OFFICER. The Sen- Akaka Edwards Levin Kyl Nickles Specter ator from Massachusetts. Baucus Feingold Lieberman Landrieu Reed Stevens Mr. KENNEDY. My friend and col- Bayh Feinstein Lincoln Lautenberg Reid Thomas Biden Graham Mikulski Leahy Robb Thompson league, as we could expect, explained Bingaman Harkin Murray Levin Roberts Thurmond correctly what this motion effectively Boxer Hollings Reed Lieberman Rockefeller Torricelli does. If you vote in favor of the mo- Bryan Inouye Reid Lincoln Roth Voinovich Byrd Johnson Robb Lott Santorum Wellstone tion, effectively you are saying you are Cleland Kennedy Rockefeller Lugar Sarbanes Wyden not going to use any of the surpluses of Conrad Kerry Sarbanes Mack Schumer the Federal budget for the Medicare Daschle Kohl Schumer NOT VOTING—2 system, No. 1, because that is the rec- Dodd Landrieu Torricelli Dorgan Lautenberg Wellstone Moynihan Warner ommendation of the Commission. And Durbin Leahy Wyden secondly, before we get overly excited The motion was agreed to. NOT VOTING—1 about a reserve fund on the prescrip- Mr. DOMENICI addressed the Chair. Moynihan The PRESIDING OFFICER. The Sen- tion drugs, just read page 90 of the re- ator from New Mexico. port and you will see that the trust The motion was agreed to. Mr. DOMENICI. I move to reconsider fund is not utilized until there is sig- VOTE ON KENNEDY MOTION TO INSTRUCT the vote. nificant extension of solvency for So- Mr. DOMENICI. Mr. President, there Mr. LAUTENBERG. I move to lay cial Security. That is defined as 9 or 12 are now 2 minutes evenly divided on that motion on the table. years. That comes to either premium the Kennedy motion to instruct. The motion to lay on the table was increases or cost benefits of some $686 The PRESIDING OFFICER. Who agreed to. billion. So it is never going to go into yields time? Mr. DOMENICI. Mr. President, if you effect. Mr. KENNEDY addressed the Chair. would get everyone’s attention, I will I am all for having an existing fund. The PRESIDING OFFICER. The Sen- tell everybody where we are going. But this isn’t it. It is right here on ator from Massachusetts. The PRESIDING OFFICER. The Sen- page 90, the requirements for the fund. Mr. KENNEDY. Mr. President, this ator from New Mexico. The PRESIDING OFFICER. The Sen- motion is very simple. It says to devote Mr. DOMENICI. We have three re- ator’s time has expired. a portion of the surplus—not all of it, maining votes. There is 1 minute in be- Mr. KENNEDY. And it says it will just some of it—to saving Medicare be- tween each one. Then we are finished. not go into effect unless there is sig- fore using it for a tax cut or new spend- I say while many of the Senators are nificant solvency from 9 to 12 years. ing. This policy is supported by Alan here, I am sorry that we have to vote That is what the trustees say, $686 bil- Greenspan and by 100 leading econo- over again on the same issues we voted lion. mists because it makes economic sense on 2 weeks ago, but essentially most of The PRESIDING OFFICER. The and because it makes sense for Medi- the motions are revoting on what we question is on agreeing to the motion. care. already voted on. Had we appointed Mr. DOMENICI. I ask for the yeas My friend across the aisle has talked conferees the very night we did this and nays. at length about how much he and his budget resolution, there would not The PRESIDING OFFICER. Is there a party care about Medicare, but that have been any time to have motions to sufficient second? budget resolution does not devote one instruct the conferees. So I am trying There is a sufficient second. thin dime of new resources to Medicare to hurry through, but I cannot do any The yeas and nays were ordered. beyond those required by law. This better. The PRESIDING OFFICER. The vote is a test: Tax cuts versus Medi- question is on agreeing to the Domen- VOTE ON DOMENICI MOTION TO INSTRUCT care. That is the issue. ici motion to instruct the conferees. What is up now is the Domenici mo- Mr. DOMENICI. Mr. President, the The yeas and nays have been ordered. tion to instruct. It reaffirms the Sen- Senate rejected an amendment on this The clerk will call the roll. ate position on the Roth-Breaux by a vote of 56–43 just a few days ago. The legislative clerk called the roll. amendment calling for Medicare re- It is the identical issue. Mr. REID. I announce that the Sen- form. That really extends solvency. Senator KENNEDY would have us be- ator from New York (Mr. MOYNIHAN) is Mr. WELLSTONE. Mr. President, can lieve that the President’s approach to absent due to surgery. we have order? putting 15 percent of the surplus into I further announce that if present The PRESIDING OFFICER. The Sen- IOUs in the Medicare trust fund will and voting, the Senator from New York ate will be in order. Will those having help Medicare become solvent. He also (Mr. MOYNIHAN) would vote ‘‘no.’’ conversations in the well cease their suggests, Mr. President, that leading The PRESIDING OFFICER. (Mr. conversations. We are not going to be economists support the President’s SMITH of Oregon). Are there any other able to proceed until the conversations IOU; that is, we will pay for it later. Senators in the Chamber desiring to cease or those having them go some- They support that. They support it be- vote? where else. cause we are not spending the money. The result was announced—yeas 57, The Senator from New Mexico. But we already save $400 billion more nays 42, as follows: Mr. DOMENICI. Mr. President, let me than the President and we would apply just finish quickly. [Rollcall Vote No. 83 Leg.] it to the national debt, which is what The Domenici instruction takes into YEAS—57 the economists thought was good. Our consideration the Breaux-Thomas bi- Abraham Enzi Lugar budget is better than this in that re- partisan plan which includes prescrip- Allard Fitzgerald Mack gard and it does not put IOUs into a Ashcroft Frist McCain tion drugs as part of the reform. And Bennett Gorton McConnell fund, which in this case is a postdated this instruction includes that we adopt Bond Gramm Murkowski check that somebody will pay for later the Snowe-Wyden provision which al- Breaux Grams Nickles on—our kids and grandkids. Brownback Grassley lows budget surpluses not currently al- Roberts I yield the floor. Bunning Gregg Roth Burns Hagel Mr. KENNEDY. Mr. President, how located to the Social Security trust Santorum Campbell Hatch fund, because it is not needed there for Sessions much time remains? Chafee Helms Shelby taxes, that those surpluses may be used Cochran Hutchinson The PRESIDING OFFICER. The Sen- for major Medicare reform. Collins Hutchison Smith (NH) ator has 17 seconds. I hope we will adopt this motion. It Coverdell Inhofe Smith (OR) Mr. KENNEDY. Mr. President, the Snowe will be followed by a Kennedy motion Craig Jeffords IOU is a payroll tax. This is the full Crapo Kerrey Specter that I will speak to later. DeWine Kyl faith and credit of the United States. I yield back any time I might have. Domenici Lott That is what we are talking about. It is S3628 CONGRESSIONAL RECORD — SENATE April 13, 1999 very clear what this issue is. Let’s child care and development block Roth Shelby Thomas Santorum Smith (NH) Thompson make sure we have solvency in the grant, despite the fact that this was a Sessions Stevens Thurmond Medicare system before tax cuts. bipartisan amendment supported by a I thank the Chair. bipartisan coalition of Members here in NOT VOTING—1 Mr. DOMENICI. Mr. President, I the Senate. Moynihan move to table the Kennedy motion, and I would not be asking for this vote The motion was agreed to. I ask for the yeas and nays. except I think it is important we send Mr. DODD. Mr. President, I move to The PRESIDING OFFICER. Is there a a clear message out of this Chamber reconsider the vote by which the mo- sufficient second? that we care about working families tion was agreed to. There is a sufficient second. who need child care assistance. Mr. JEFFORDS. I move to lay that The yeas and nays were ordered. With the few seconds remaining, I motion on the table. The PRESIDING OFFICER. The yield to the Senator from Vermont. The motion to lay on the table was question is on agreeing to the motion. Mr. JEFFORDS. Mr. President, I agreed to. The clerk will call the roll. urge my colleagues on this side of the The PRESIDING OFFICER. The The assistant legislative clerk called aisle to vote in favor of this motion. It question is on agreeing to the under- the roll. will keep the issue alive. lying motion to authorize the Chair to Mr. REID. I announce that the Sen- Mr. DOMENICI. Mr. President, the appoint conferees. ator from New York (Mr. MOYNIHAN) is Senate voted by a vote of 57 to 40 to ap- The motion was agreed to, and the absent due to surgery. prove this amendment when we had the Presiding Officer (Mr. SMITH of Oregon) I further announce that, if present budget resolution. We are going to go appointed Mr. DOMENICI, Mr. GRASSLEY, and voting, the Senator from New York to conference and try to work it out. I Mr. NICKLES, Mr. GRAMM, Mr. GORTON, (Mr. MOYNIHAN) would vote ‘‘no.’’ am not asking anyone to vote against Mr. LAUTENBERG, Mr. CONRAD, Mrs. The PRESIDING OFFICER. Are there it. In terms of the chairman’s position, BOXER and Mrs. MURRAY conferees on any other Senators in the Chamber de- vote however you wish. I don’t think the part of the Senate. siring to vote? there is a total Republican position be- Mr. VOINOVICH addressed the Chair. The result was announced—yeas 54, cause 15 Republicans voted for it last The PRESIDING OFFICER. The Sen- nays 45, as follows: time. ator from Ohio. [Rollcall Vote No. 84 Leg.] I yield the floor. YEAS—54 Mr. DODD. I ask for the yeas and f nays. Abraham Fitzgerald McCain MORNING BUSINESS Allard Frist McConnell The PRESIDING OFFICER. Is there a Ashcroft Gorton Murkowski sufficient second? Mr. VOINOVICH. Mr. President, I ask Bennett Gramm Nickles Bond Grams Roberts There is a sufficient second. unanimous consent that the Senate Brownback Grassley Roth The PRESIDING OFFICER. The now proceed to a period for morning Bunning Gregg Santorum question is on agreeing to the motion. business, with Senators permitted to Burns Hagel Sessions speak up to 10 minutes each. Campbell Hatch Shelby The yeas and nays have been ordered. Chafee Helms Smith (NH) The clerk will call the roll. The PRESIDING OFFICER. Without Cochran Hutchinson Smith (OR) The assistant legislative clerk called objection, it is so ordered. Collins Hutchison Snowe the roll. Coverdell Inhofe Stevens f Craig Jeffords Thomas Mr. REID, I announce that the Sen- Crapo Kyl Thompson ator from New York (Mr. MOYNIHAN) is THE CRISIS IN KOSOVO DeWine Lott Thurmond absent due to surgery. Domenici Lugar Voinovich Mr. VOINOVICH. Mr. President, I I further announce that, if present Enzi Mack Warner rise today to vehemently oppose send- and voting, the Senator from New York NAYS—45 ing American ground forces into (Mr. MOYNIHAN), would vote ‘‘aye.’’ Kosovo and to demand that if the Akaka Edwards Levin The PRESIDING OFFICER. Are there Baucus Feingold Lieberman President contemplates sending in any other Senators in the Chamber de- Bayh Feinstein Lincoln ground troops, that decision be delib- siring to vote? Biden Graham Mikulski erated and authorized by the Congress Bingaman Harkin Murray The result was announced—yeas 66, of the United States. Boxer Hollings Reed nays 33, as follows: Breaux Inouye Reid I am an American of Serbian-Slove- Bryan Johnson Robb [Rollcall Vote No. 85 Leg.] nian ancestry. My father’s family is Byrd Kennedy Rockefeller YEAS—66 Cleland Kerrey Sarbanes from southern Croatia, which is known Conrad Kerry Schumer Abraham Edwards Levin as Krijna, and my mother’s family is Daschle Kohl Specter Akaka Feingold Lieberman from Ljubljana and Stranje in Slo- Dodd Landrieu Torricelli Baucus Feinstein Lincoln Dorgan Lautenberg Wellstone Bayh Fitzgerald Lugar venia. Durbin Leahy Wyden Biden Frist McCain I want to make it clear—I don’t op- Bingaman Graham Mikulski pose sending ground troops into Kosovo NOT VOTING—1 Boxer Grassley Murray because I am Serbian. I oppose it be- Moynihan Breaux Harkin Reed Bryan Hatch Reid cause it is bad policy. However, my The motion was agreed to. Byrd Hollings Robb ethnic heritage does give me a special Mr. DOMENICI. Mr. President, I Campbell Hutchinson Roberts Chafee Hutchison Rockefeller insight into the situation that someone move to table the motion, and I move Cleland Inouye Sarbanes else might not have. to lay that motion on the table. Collins Jeffords Schumer I have always opposed the leadership The motion to lay on the table was Conrad Johnson Smith (OR) of Slobodan Milosevic. Like most agreed to. Coverdell Kennedy Snowe Daschle Kerrey Specter Americans, I consider him to be a war VOTE ON DODD MOTION TO INSTRUCT DeWine Kerry Torricelli criminal. Mr. DODD. Mr. President, on behalf Dodd Kohl Voinovich However, Mr. President, I was 1 of 41 Domenici Landrieu Warner of my colleague from Vermont, myself Dorgan Lautenberg Wellstone Senators who voted against the bomb- and many others who supported this 2 Durbin Leahy Wyden ing because I was concerned that this weeks by a vote of 57–40 I want to ex- bombing would not achieve our end of NAYS—33 press my gratitude to my Republican bringing Slobodan Milosevic to the ne- Allard Craig Helms colleagues for supporting that amend- Ashcroft Crapo Inhofe gotiating table as contemplated by the ment that day. Unfortunately, the Bennett Enzi Kyl Clinton Administration and NATO. House conferees, or potential con- Bond Gorton Lott These negotiations were designed to ferees, have indicated they intend to Brownback Gramm Mack get Milosevic to sign the Rambouillet Bunning Grams McConnell drop this amendment which would add Burns Gregg Murkowski agreement or something very similar, over 5 years $5 billion to the existing Cochran Hagel Nickles thereby guaranteeing the basic human April 13, 1999 CONGRESSIONAL RECORD — SENATE S3629 rights of the Albanian Kosovars and soon as the bombing started—they can them to later harass the invasion force avoiding ethnic cleansing. do as they wish. Therefore, we hear evi- at every conceivable opportunity. It I also feared the bombing would only dence of massacres and rape, and we will make it that much more difficult solidify Milosevic’s leadership with the have witnessed the forced relocation of for NATO to secure a victory without Serbian people and ruin any chance of hundreds of thousands of people and incurring heavy losses. cultivating alternative leadership the total devastation of Kosovo. The most important thing I think within Serbia. To me there is no question that the the American people should know—if I have to say that our problem has decision to bomb Kosovo and Serbia we put ground forces in Kosovo, we will not been with the Serbian people, but was a terrible mistake in the first go to war with Serbia. Period. with their ruthless leader. place, but now we face three bad We will have to accept the fact that The main thing this bombing cam- choices—stop the bombing, continue we will be at war, and that we will paign has managed to do is fan the the bombing, or go in with bombing have to take out Milosevic. And that flames of centuries-old Serbian nation- and ground troops. means a long, extended war with loss of alism. Individuals who until the bomb- Although I disagreed with bombing life and a total destruction of the infra- ing campaign had little support for in the first place, of the three, I believe structure in Serbia, in Kosovo, and Milosevic and his activities in Kosovo, the least objectionable is to continue what about Montenegro? now firmly believe their national pride the bombing campaign in hopes of se- And another thing—we have to be se- is at stake. They have thrown their curing the very negotiated settlement riously concerned about igniting the support behind Milosevic and have ex- that has eluded us so far. entire southeast Europe region with pressed a willingness to follow his lead- Many public officials and foreign pol- our actions. What will the neighboring ership and fight for their country. icy experts are loudly advocating the nations do? What will Russia do? Will It is extremely important to remem- introduction of ground troops to NATO’s action perhaps cause the rad- ber—this is very important—Kosovo is Kosovo in an effort to force Milosevic ical elements in Russia to come into to the Serbian people what Jerusalem to yield his grip on the Kosovar Alba- power? is to Jews, Christians and Muslims. To nians and to ultimately ‘‘win the war’’. These are serious questions that may the Serbians, it is a holy place. It is They claim it’s the only way. not be of concern now, but the con- the scene of the most important event Let me say that I support the goal of sequences of our actions today may in Serbian history—the battle of restoring peace and stability to the re- come back to haunt us tomorrow. Kosovo in 1389 between the Turks and gion, returning to Kosovo those refu- We must remember—our goal is to the Serbs, led by Tsar Lazar. gees that want to go back, negotiating bring peace and stability to this re- The battle of Kosovo has lived for a new agreement that will guarantee gion. I am concerned that the introduc- centuries in Serbian literature. To this their safety and self-determination and tion of ground troops may have just day, Serbian children sing songs and establishing a multinational force to the opposite effect and destabilize the read epic poems celebrating this event. monitor the negotiated settlement. I region over the long term. The interesting thing about the bat- support all this—but I absolutely op- And what happens after we win that tle of Kosovo is how outnumbered the pose the use of American ground troops war? And it will be won, although at a Serbian people were—and they knew it. to implement this goal. high cost in terms of lives and infra- And even though they lost, it is consid- I oppose using American troops in structure. What will happen? What will ered a glorious defeat because they this manner not because I don’t think be the disposition of the Kosovar Alba- fought valiantly against overwhelming they can get the job done. Far from it. nians, hundreds of thousands of whom odds. To quote from the epic poem I believe our armed forces have per- are now refugees? Are we going to have ‘‘The Battle of Kosovo’’: formed magnificently, and I whole- a greater Albania? Then the Turks overwhelmed Lazar, And heartedly admire the effort that each Who will monitor the ‘‘peace’’ and the Tsar, Lazar, was destroyed, With him of them has been giving during the who will pay for the rebuilding of the was destroyed his army of seven and seventy campaign in Kosovo. They are doing infrastructure in Serbia and Kosovo? thousand soldiers. All was holy, all was hon- the job we have asked them to do. What kind of commitment will NATO orable and the goodness of God was fulfilled. However, I see a situation developing have to ‘‘Pick up the pieces’’ and re- History, pride and heritage are deep- in the Balkans that could be just as build Serbia? Will it fall on the United ly-seeded in Serb culture. That’s why it brutal as that which developed in Viet- States? is significant that Milosevic started his nam. As opposed to the flat deserts of Make no mistake: the introduction of rise to political power in Kosovo and the Persian Gulf area, the Balkans are ground troops guarantees that we as a probably the most important event in a very mountainous region that is ideal nation are committing to be involved his political career was when he spoke for a sustained campaign of guerrilla for an extended period of time and the to 1 million citizens on the 600th Anni- warfare. expenditure of many billions of dollars. versary of the Battle of Kosovo—at the A smaller, and less well-armed force In order to compare, my colleagues very site of the battle! I want you to could have the ability to use this nat- should remember that we have already also know, Mr. President, the most sa- ural terrain to impede the progress and spent—we have already spent—over $12 cred Serbian Orthodox monasteries are mobility of a NATO invasion force for billion in Bosnia. located in Kosovo. an extended period of time while I can’t help but feel touched at times Considering Serbian history, and racking up vast numbers of casualties. like these, in the face of situations of where Milosevic started his career, Remember that in World War II, national importance, to contemplate American and NATO leaders should more than 500,000 Nazi soldiers thought the times that I have visited the Viet- have known that Milosevic couldn’t that they could just roll through Yugo- nam Memorial. All of us who have done give in without losing face. Especially slavia. They did not, due in large part, that cannot help but be moved. And I when he was told ‘‘either sign this or to the determination of the Serbian know on my part, tears always well up we’ll bomb you’’. Unfortunately, the people. in my eyes. Clinton administration presented It has been reported that it will take Seeing the names carved on that Milosevic with an ultimatum which 6 to 8 weeks to even prepare for a wall, knowing that each name rep- foreclosed all other options that could ground invasion. And I believe it will resents an individual who had loved have led to a negotiated settlement. probably take even more than that be- ones and friends and had hopes, dreams Our bombing campaign has given cause we don’t even have the troops in and aspirations, is a poignant reminder Milosevic cover to move forward expe- the region, we haven’t even mobilized of what it means to send young men ditiously with his policy of ethnic and we haven’t established a staging and women into harm’s way. cleansing—precisely what we were try- area. But let me just say that while I dis- ing to avoid in the first place. Now, be- This will give the Serbs ample time agreed with the policy pursued to stop cause he and his forces are not being to disperse, fortify defensive works, the humanitarian abuses in Kosovo, tightly monitored—and that’s because stockpile their arms, and so on. The those abuses cannot be overlooked by all the observers were kicked out as steps the Serbs take now will allow the international community. You just S3630 CONGRESSIONAL RECORD — SENATE April 13, 1999 can’t turn your head and forget about Americans to complete government pa- wards eventual national uniformity. It it. This morning, I participated in a perwork. The millions of hours freed up merely establishes the legal certainty commemoration of the Holocaust here translates into billions of dollars saved of electronic signatures when used for in our Nation’s Capitol. Let us remem- over time. This legislation, which was interstate business transactions. It ber so that we never forget. supported by the Administration, will strikes a necessary balance between a I believe that in addition to pursuing also help the federal government tran- state’s individual interests and the our strategic interests and our trade sition to a paperless document manage- need for reciprocity among and be- interests, we must not forget that our ment system. One that allows agencies tween states. It fosters the expansion status as a world power gives us a to collect and maintain forms and of trade on a state-wide, national, and moral responsibility to defend human other records faster, easier, and cheap- international basis while promoting rights. I call upon my colleagues and er. continued innovation. all Americans to work toward a con- Mr. President, Senator ABRAHAM, my The Millennium Digital Commerce sensus on how we as a nation respond friend and colleague, has once again Act is technology neutral and allows to acts of genocide internationally. demonstrated his leadership on elec- businesses to determine the methods Looking away in Croatia was a fail- tronic commerce issues by recently in- they want to utilize for executing an ure when 250,000 Serbs were driven out. troducing the Millennium Digital Com- online transaction. This legislation As President Clinton acknowledged, merce Act. This bipartisan measure, also establishes guiding principles for looking away in Rwanda was a mistake which I cosponsored, is a direct out- the use of electronic signatures for where almost a million people were growth of and a natural extension to international transactions. A frame- killed between the Tutsi’s and the the Government Paperwork Elimi- work based on open, non-discrimina- Hutu’s. And what about the Kurds in nation Act. It provides a national tory standards. Lastly, Senator ABRA- Iraq and Turkey, and all the other framework for online business to busi- HAM’s bill requires federal agencies to areas of the world where such troubles ness transactions. This important identify rules or regulations that im- exist? We have it in many, many places interstate commerce measure provides pede electronic commerce and rec- in the world. legal standing for electronic signatures ommendations for improvements. Thus far, full engagement through on contracts and other business trans- Mr. President, the United States can- bombing has been a failure in Kosovo. actions without preempting state law not lag behind our industrial trading Our moral responsibility is to identify on intrastate commerce. partners. Already, the United Kingdom the means and the goals available to us Electronic signatures are the equiva- has called for the legal recognition of to deal with such incidents before they lent of an online ‘‘royal seal.’’ Elec- electronic signatures. escalate beyond peaceful resolution. tronic signatures are highly controlled I look forward to working with Sen- We would be well-served—we would be and are far more secure than manual ator ABRAHAM and Chairman MCCAIN well-served—to have a coherent policy signatures. As my colleagues are as the Commerce Committee gives to guide us in the future as to when we aware, it is not difficult to mimic prompt consideration to this important go in and when we do not go in. someone’s handwritten ‘‘John Han- pro-technology, pro-electronic com- Mr. President, what this country cock.’’ An electronic signature, how- merce legislation. does in the name of NATO over the ever, is verifiable and it becomes in- The Millennium Digital Commerce next several weeks in regard to Serbia valid if any of the data in the elec- Act will help move our nation’s econ- and Kosovo will have a dramatic im- tronic document is altered or elimi- omy forward into the 21st Century. I pact on this country’s future. It is our nated. This revolutionary communica- hope the rest of my colleagues will sup- obligation to the American people to tion tool can also time and date stamp port this responsible measure which exercise our due diligence before we someone’s unique electronic signature. will benefit both American consumers commit to a course of action from It is an emerging technology that will and American businesses. which we cannot extricate ourselves. serve as a springboard for electronic f This is very, very serious business that commerce. THE VERY BAD DEBT BOXSCORE we are now considering. Over the last few years, states have We should pray to the Holy Spirit for recognized the importance of authen- Mr. HELMS. Mr. President, at the the enlightenment to make the right tication technology on trade and have close of business yesterday, Monday, decision for our country, for southeast already adopted rules governing its April 12, 1999, the federal debt stood at Europe, and for the world. Let us be use. However, of the more than forty $5,663,866,732,410.23 (Five trillion, six constantly reminded of Jesus’s exhor- states that now have laws on the hundred sixty-three billion, eight hun- tation on the Sermon on the Mount books, none has adopted the same ap- dred sixty-six million, seven hundred that ‘‘blessed are the peacemakers, for proach. Congress should not allow an thirty-two thousand, four hundred ten they shall be called the children of electronic signature hodgepodge to dollars and twenty-three cents). God.’’ thwart the exponential growth occur- Five years ago, April 12, 1994, the fed- Thank you, Mr. President. I yield the ring in electronic commerce. eral debt stood at $4,565,109,000,000 floor. In our fast-paced global and highly (Four trillion, five hundred sixty-five f technical environment, where time is billion, one hundred nine million). money, companies transacting business Ten years ago, April 12, 1989, the fed- THE MILLENNIUM DIGITAL across state lines need assurance that eral debt stood at $2,771,368,000,000 (Two COMMERCE ACT electronically signed documents are trillion, seven hundred seventy-one bil- Mr. LOTT. Mr. President, I want to fully and legally executable. Senator lion, three hundred sixty-eight mil- recognize the efforts of Senator ABRA- ABRAHAM’s Millennium Digital Com- lion). HAM who authored and spearheaded the merce Act will ensure that businesses Fifteen years ago, April 12, 1984, the effort to pass the Government Paper- located in different states are held to federal debt stood at $1,486,599,000,000 work Elimination Act during the 105th their agreements and obligations even (One trillion, four hundred eighty-six Congress. if their respective states have different billion, five hundred ninety-nine mil- This good government measure, rules and approaches concerning elec- lion). which the President signed into law tronically signed documents. Twenty-five years ago, April 12, 1974, last year, requires federal agencies to This much needed and timely legisla- the federal debt stood at $473,967,000,000 automate their forms and allows com- tion is a necessary precursor to state- (Four hundred seventy-three billion, puter users to complete, electronically by-state adoption of the Uniform Elec- nine hundred sixty-seven million) sign, and submit government forms on- tronic Transactions Act (UETA). Once which reflects a debt increase of more line. UETA is finalized, its enactment by all than $5 trillion—$5,189,899,732,410.23 Aside from saving thousands of fifty states is not expected to occur for (Five trillion, one hundred eighty-nine square feet of storage space, this land- several years. billion, eight hundred ninety-nine mil- mark legislation will significantly re- The Millennium Digital Commerce lion, seven hundred thirty-two thou- duce the amount of time it takes Act is an important interim step to- sand, four hundred ten dollars and April 13, 1999 CONGRESSIONAL RECORD — SENATE S3631 twenty-three cents) during the past 25 school principal and educator and as a ‘‘Death be not proud,’’ I said in a eulogy. years. woman devoted to her family. Her self- ‘‘Bella’s intent was never to defeat death—no f less pursuit of bringing out the best in one does—it was to win at life.’’ Through all she came in contact with has made study and reflection, Ray believes, Bella RETIREMENT OF RON KAVULICK found a spiritually higher level—a place be- her passing that much greater. She is yond pain’s reach. Mr. DASCHLE. Mr. President, while fondly missed by her friends and fam- She endured beyond our comprehension to the Senate was in recess for the Easter/ ily, but her legacy lives on through all understand why she simply didn’t just let go. Spring break, a member of the Senate those whose lives she touched. Never did she relinquish personal power or family ended his Senate career. Ron I ask unanimous consent that an ar- allow physical frailties to become spirit- Kavulick, the Chief Reporter of De- ticle from the Denver Post on this re- dominating indignities. University of North- bates, retired. markable Coloradan be printed in the ern Colorado President Howard Skinner As a matter of fact, Ron was to have RECORD. gladly came to her home when asked to join ended his Senate career at the close of There being no objection, the article forces for worthwhile programs. Bella want- was ordered to be printed in the ed to leave Earth on her terms—‘‘thoroughly the 105th Congress, but remained in his used up,’’ as George Bernard Shaw wrote in RECORD, as follows: position as the Senate conducted the a poem. impeachment trial of the President. [From the Denver Post, Mar. 25, 1999] Every grandchild of Bella’s received a per- Ron’s expertise and dedication to de- BELLA ROMERO’S LIFE DISPLAYED THE sonal videotaped message. So, too, were fam- tail were needed throughout the tedi- ELOQUENCE OF ACTION ily members counseled, parents called from a ous proceedings of the trial. (By Toma´ s Romero) hospital bed and told goodbye. When visitors Ron became an Official Reporter of ‘‘In our world of big names, curiously, our came to her, she found strength to console us Senate Debates in 1979 and served ably heroes tend to be anonymous.’’—Historian and offer advice. When we’d been prepared to in that capacity until he was elevated Daniel J. Boorstin get on with our lives without her, she left us. Americans tend to compartmentalize their It’s been six months since Bella died, and to the position of Chief Reporter in emotions too much: Feeling patriotic on sister Anna Lee still mourns for a best 1995. July 4, remembering the deceased on Memo- friend. Ron has a very impressive reporting rial Day and putting on a happy face for the Bella was Cathy Gleesing’s mentor and background. He was an official court holidays. school principal. Cathy became a valued reporter in the Air Force’s JAG office. Hispanics, though, see tragedy and joy as friend and was always there to offer love and While employed with Alderson Report- part of an ever-intertwined continuum—so support in time of trying need. Bella ‘‘led ing Company, Ron had the opportunity why not acknowledge them concurrently as with elegance, grace and style,’’ Cathy says. we do with Los Dias de Los Muertos? Thus, to work at the White House. Ron trav- ‘‘‘I wish for Bella when I strive to be excel- just before Christmas, I’ve chosen to write a lent in my work, mood and relationships.’’ eled extensively both with President belated tribute to one of those anonymous In other words, always. Johnson and President Nixon. heroes described by Boorstin. After all, what Ray lost a beloved companion, one who at Ron spent many hours and many time could be better to celebrate a woman day’s end every day for 40 years would join nights working in the West Wing of the who gave so many gifts to so many people? her partner to talk and reinforce familia and White House providing official White My friend Isabel ‘‘Bella’’ Romero of Gree- values. House transcripts of state dinners, ley died this year after an unbelievably val- We have all lost, and during this holiday iant six-year battle fought against a cruel, season we need to learn from her gift. press conferences and news briefings. unforgiving foe—ovarian cancer. Certainly Ron’s experiences at the Action is eloquence. And the eloquently f White House were helpful as he endured lovely manner with which Bella Romero con- THANKING KIM KOIVISTO FOR A many a late night in the Senate. ducted her life journey must be remembered: JOB WELL DONE My staff and I personally cannot an unmatchable, deliberately executed, con- thank Ron enough for his service. stantly positive pattern for living. Mr. DASCHLE. Mr. President, Today Since my arrival at the Senate in 1987, She was a loving wife to Ray, a loving marks the final day of work in the Sen- mother to Denny, Mark, Juan and Andrea, ate for Kim Koivisto, the associate di- I have relied on Ron’s institutional and a passionate advocate for every school memory and unfailing kindness. He has child in need of a good past. As a Longmont rector to the Democratic Steering and always been available, day or night, for middle school principal, Bella knew that a Coordination Committee. I didn’t want any help that my staff or I needed. It child without a good past couldn’t easily as- the day to pass without taking a mo- would be impossible for me to count pire to a better future. ment to thank Kim for a job well done. the times that Ron and his very able Bella was not related to me by blood, but The Democratic Steering and Coordi- staff have assisted us. Having said she was my sister in spirit since we were nation Committee is the liaison office kids together in Brighton. This winsome girl between Senate Democrats and a good that, no one deserves a rest from the was married and a mother by age 16. She long, sometimes grueling hours of the worked in a cannery to help Ray attend the portion of the rest of the country, in- Senate more than Ron Kavulick. I can then-Colorado State College in Greeley. It cluding representatives of state, coun- attest to the fact that he will be great- was an experience filed with bare food cup- ty and local governments and people ly missed here in the Senate. boards, living in dingy basements. Ray be- from every imaginable interest group. As Ron goes on to enjoy time with came a teacher/university administrator and The committee is an important part of his wife, Pat, his children and grand- successful civic leader. our caucus’s efforts to talk with and Then it was Bella’s turn to bring dreams to daughter, Allison, I thank him for his listen to Americans from varying per- fruition. ‘‘I’ve decided to go to college and spectives. diligence and perseverance in his serv- become a teacher,’’ she announced. Armed ice to his country and for his friendship with a GED, she began a daily round trip Kim has worked as associate director to us here in the Senate. My staff joins from Brighton to Greeley. Family needs still of the committee for the past two me in wishing him all the best in the came first. Only when everyone was asleep years. During that time, she has con- years to come. would she sit at a kitchen table to study. In sistently demonstrated the highest Ron, good luck and Godspeed. three years, Bella received her diploma— level of commitment, professionalism with a straight A average. Later she fulfilled f and creativity. She has worked most another aspiration and became a respected intensively on women’s, Hispanic and TRIBUTE TO ISABEL ‘‘BELLA’’ principal—one of the state’s best. Probably labor issues. ROMERO her greatest skill was being able to defeat an enemy by making them a friend. One highlight of Kim’s tenure is the Mr. CAMPBELL. Mr. President. I Then came sudden, unexpected pain and a creation of a new outreach program to would like to take this opportunity to doctor’s diagnosis of ovarian cancer. Bella’s strengthen relations between our cau- recognize a truly remarkable woman, war had begun. With prayer, traditional cus and national Hispanic organiza- Mrs. Isabel ‘‘Bella’’ Romero, of Gree- medicine, visualization, holistic health tac- tions, Latino elected officials and the ley, Colorado. This gallant woman’s tics—and, yes even laughter—Bella beat Congressional Hispanic Caucus. She life was prematurely cut short last back her vicious enemy. Tauntingly, cancer also used her fluency in Spanish to would retreat and then return. Bella wept year after courageously fighting ovar- when she was finally forced to give up her translated materials into Spanish, and ian cancer for six years. Bella’s dedica- position as principal. ‘‘‘It was six years of in- to organize Spanish-language press tion to improving our world transcends creasingly difficult anguish for us and pain conferences for Senate and House her career as an inspirational middle for her,’’ husband Ray says. Democrats. S3632 CONGRESSIONAL RECORD — SENATE April 13, 1999 Kim has also worked closely with the company from 1954–69 and chairman of friend and fellow Mississippian, Willie labor organizations and women’s the board until his 1976 retirement. MP&L’s Morris. groups to advance causes that are im- largest plant in Vicksburg was named after In today’s edition of the Jackson him. Clarion-Ledger, an article describes portant to American families—and to Mr. Wilson also served as chairman of the Kim personally. Issues she worked es- Jackson Airport Authority, Jackson Plan- other activities that will be taking pecially hard on include closing the ning Board, State National Alliance of Busi- place in our State to honor Miss Welty pay gap between men and women, rais- nessmen, Mississippi U.S. Savings Bonds on her 90th birthday. ing the minimum wage, and strength- Committee and was national vice president I ask unanimous consent that a copy ening the federal commitment to of the American Red Cross. He had helped de- of that newspaper article be printed in breast cancer research. Kim was also velop the Jackson Municipal Airport and the RECORD. active in the fight to retain the Fed- other projects for Mississippi’s economic de- There being no objection, the article velopment office. He was an organizer of the was ordered to be printed in the eral Disadvantaged Business Enterprise Pearl River Development Association and RECORD, as follows: Program last year as part of TEA–21, was chairman of the Jackson Chamber of the new Federal highway bill. Commerce Committee that promoted devel- [From the Clarion-Ledger, April 13, 1999] Kim’s immediate plans include trav- opment of the Ross Barnett Reservoir. MORRIS’ TRIBUTE TO WELTY IN ‘VANITY eling through Indonesia. She will at- He was president of the Jackson Chamber FAIR’—MAGAZINE ARTICLE HONORS JACKSON tend the Graduate School for Coun- of Commerce, Rotary Clubs of Jackson and WRITER ON 90TH BIRTHDAY; CELEBRATION seling at the University of Maryland in Cleveland, the Andrew Jackson Council of SET the fall. Boy Scouts of America, Southeastern Elec- (By Billy Watkins) tric Exchange, Beauvoir Foundation and the Eudora Welty, the Pulitzer Prize-winning On behalf of all Senate Democrats, University of Mississippi Alumni Associa- I’d like to thank Kim for her hard author from Jackson, turns 90 years old tion. He was a member of the Newcomer So- today. work, and wish her the best of luck in ciety of North America. To help commemorate the occasion, fellow her travel and studies. She will be Mr. Wilson chaired several fund drives in- Mississippi author Willie Morris wrote a missed. cluding the Mississippi Baptist Medical Cen- 4,000-word story about Welty for Vanity Fair f ter and Salvation Army. magazine’s May issue, which is on news- He was a member of First Presbyterian stands now. Morris calls it his ‘‘toast to TRIBUTE TO RICHARD BAXTER Church in Jackson where he was a deacon for Eudora.’’ WILSON nearly 50 years. He was a Mason and a mem- ‘‘And I all her Eudora because she’s been ber of the Wahabi Temple of Shriners. Mr. COCHRAN. Mr. President, before my friend since I was a little boy,’’ Morris Mr. Wilson was a director and vice-presi- says. ‘‘I very strongly support the idea that the Senate adjourned for the Easter re- dent of Middle South Utilities, Inc. He was a she is the greatest living American writer. cess, my State of Mississippi suffered trustee at Deposit Guaranty National Bank, She’s full of wackiness and humor and loy- the loss of one of its finest citizens, Belhaven College, University of Mississippi alty to her friends. She’s just so generous. Richard Baxter Wilson, who died on Alumni Association, National Association of Always has been.’’ Monday, March 15. He was a national Electric Companies, Edison Electric Insti- Morris will participate in a tribute to leader in the electric power industry. tute, Southeastern Electric Exchange, Mis- Welty 5–7 p.m. today at Lemuria Book Store sissippi Economic Council, Magna Corpora- in Jackson. Although Welty will not be able He served as a member of the board of tion, Standard Life Insurance Co., Mis- directors of Middle South Utilities, to attend, Morris, along with Mississippi sissippi Agricultural & Industrial Board and writer Ellen Douglas, will be present at the Inc., the Edison Electric Institute, and Southern Research Institute. celebration where two new books will be un- the National Association of Electric Mr. Wilson had an endowed fellowship at veiled. Companies. UM in his honor and the First Federal Award University Press of Mississippi will release In addition to serving as president for distinguished service to the state. He had The First Story, a limited edition reprint of and chairman of the board of Mis- received several other distinguished awards. Welty’s first published short story, Death of ‘‘No man has expressed greater faith in, or a Traveling Salesman. It includes an essay sissippi Power & Light Company, he worked harder for the development of Mis- was also a member of many other cor- by Welty looking back at that story. Only sissippi than Baxter Wilson,’’ said a Jackson 500 hardcovers have been printed. They sell porate, charitable, civic, and edu- Daily News editorial in 1970. for $75 each. cational institution boards. Wilson’s goal and recurring motif, the edi- Hill Street Press of Athens, Ga., will debut He was a personal friend of mine torial said, was ‘‘helping build Mississippi.’’ Eudora Welty: Writers’ Reflections Upon whose advice and counsel I appreciated He was a charter member of Epsilon Xi First Reading Welty. It includes essays by and relied upon, to my great benefit. chapter of the Sigma Nu fraternity at UM Morris, Douglas, Barry Hannah, Reynolds His two children, Richard B. Wilson, and was a member of the Mississippi Society Price and others. of Professional Engineers. He received from Jr. and Miriam Weems, are two of my John Evans, owner of Lemuria, says Welty the university the Distinguished Alumnus books still sell well. closest and dearest friends. And I ex- Award in 1979 and Engineer of Distinction in ‘‘We sell a lot to out-of-towners and people tend to them, and all the members of 1984. He became a Paul Harris Fellow of the who just moved here who know about Miss the family, my sincerest condolences. Rotary International Foundation in 1987. Welty,’’ Evans says. ‘‘And I keep her work I ask unanimous consent that the He was the widower of Katherine Owen and stocked. I feel like it’s our duty that if some- obituary that appeared in The Clarion- Edwina Ford Barker. body asks for something by Miss Welty, we Ledger of Jackson, MS, of March 16 be Survivors include a son, Richard Baxter should have it.’’ Wilson Jr., of Jackson; daughter, Miriam Morris’ piece for Vanity Fair was origi- printed in the RECORD. Weems of Jackson; and two grandchildren. There being no objection, the obit- nally 18,000 words but had to be edited down. Memorials may be made to French Camp ‘‘I was pleased with the way it turned out,’’ uary was ordered to be printed in the Academy, R. Baxter Wilson Fellowship Fund Morris says. ‘‘I’ll include the entire story in RECORD, as follows: at the University of Mississippi in Oxford or my next book of essays, which will come out [From the Clarion-Ledger, Mar. 16, 1999] to a favorite charity. in about two years.’’ RICHARD BAXTER WILSON, EX-COMPANY f Morris contacted many notable writers— PRESIDENT Shelby Foote and William Styron among HAPPY BIRTHDAY EUDORA WELTY them—and included their views on Welty. ‘‘I MADISON—Richard Baxter Wilson, 93, a Mr. COCHRAN. Mr. President, today sent out more than 30 letters to people who former president of Mississippi Power & have known her for years,’’ Morris says, Light, died of heart failure Monday at his one of my State’s most famous citizens ‘‘and I got 100 percent response. I think that home. of all time celebrates her 90th birth- ways what people think of Eudora, the fact Services are 10:30 a.m. Wednesday at First day. Eudora Welty is known around the that they took time to respond. Presbyterian Church of Jackson. Visitation world as a writer of enormous talent ‘‘I really believe most people who love is 4–6 p.m. today at Wright & Ferguson Fu- and accomplishment. She has lived for writing will read this story—not because of neral Home and 9:30 a.m. Wednesday at the most of her life in Jackson, MS, and me, but because of Eudora. She’s loved uni- church. she enjoys a level of popularity in our versally. And I was honored to write the Mr. Wilson was a Yazoo City native. He State that a politician can envy but story.’’ graduated from the University of Mississippi in 1927. not match. Mr. DODD. Will my colleague yield? He began working with Mississippi Power I invite the attention of all Senators Mr. COCHRAN. I am happy to yield. & Light in 1926 and worked in Cleveland be- to the May issue of Vanity Fair which Mr. DODD. I just say to my colleague fore moving to Jackson. He was president of contains a toast to Eudora by my from Mississippi, I commend him for April 13, 1999 CONGRESSIONAL RECORD — SENATE S3633 his statement recognizing the con- technical corrections to the Microloan of the Congressional Award Act (2 tributions of Eudora Welty. This Con- Program. U.S.C. 803) the Minority Leader ap- necticut Yankee loves her writing. And The message further announced that points the following named persons to for my birthday present this year I re- the House disagrees to the amendment the Congressional Award National ceived a first edition copy of one of of the Senate to the bill (H. Con. Res. Board of Directors: CARLOS A. ROMERO- Eudora Welty’s novels. 68) establishing the congressional budg- BARCELO´ of Puerto Rico, Dolores M. I prize and cherish her work. She is a et for the United States Government Beilenson of California, Timothy J. Mississippi treasure, but she is also a for fiscal year 2000 and setting forth ap- Keating of Pennsylvania, and Robert J. treasure for this great country of ours. propriate budgetary levels for each of Kelley of Missouri. And I associate myself with the re- fiscal years 2001 through 2009, and f marks of my colleague from Mis- agrees to the conference asked by the MEASURES REFERRED sissippi and commend him for recog- Senate on the disagreeing votes of the nizing this remarkable woman who has two Houses thereon; and appoints Mr. The following bills were read the first and second times by unanimous con- made such a rich contribution to the KASICH, Mr. CHAMBLISS, Mr. SHAYS, Mr. sent and referred as indicated: literary heritage life of our Nation. SPRATT, and Mr. MCDERMOTT as the Mr. COCHRAN. I thank the distin- managers of the conference on the part H.R. 15. An act to designate a portion of the Otay Mountain region of California as guished Senator very much for that. of the House. wilderness; the Committee on Energy and f The message also announced that the Natural Resources. House has passed the following bill, H.R. 154. An act to provide for the collec- MESSAGES FROM THE PRESIDENT with an amendment, in which it re- tion of fees for the making of motion pic- Messages from the President of the quests the concurrence of the Senate: tures, television productions, and sound tracks in National Park System and Na- United States were communicated to H.R. 98. An act to amend chapter 443 of tional Wildlife Refuge System units, and for the Senate by Mr. Williams, one of his title 49, United States Code, to extend the other purposes; to the Committee on Energy secretaries. aviation war risk insurance program and to and Natural Resources. EXECUTIVE MESSAGES REFERRED amend the Centennial Flight Commemora- H.R. 449. An act to authorize the Gateway tion Act to make technical and other correc- Visitor Center at Independence National His- As in executive session the Presiding tions. Officer laid before the Senate messages torical Park, and for other purposes; to the The message further announced that Committee on Energy and Natural Re- from the President of the United pursuant to 14 U.S.C. 194(a), the Speak- sources. States submitting sundry nominations er appoints the following Member of The following concurrent resolutions which were referred to the appropriate the House to the Board of Visitors to were read and referred as indicated: committees. the United States Coast Guard Acad- H. Con. Res. 48. Concurrent resolution au- (The nominations received today are emy: Mrs. JOHNSON of Connecticut. thorizing the use of the Capitol Grounds for printed at the end of the Senate pro- The message also announced that the opening ceremonies of Sunrayce 99; to ceedings.) the Committee on Rules and Administration. pursuant to 10 U.S.C. 9355(a), the f H. Con. Res. 49. Concurrent resolution au- Speaker appoints the following Mem- thorizing the use of the Capitol Grounds for MESSAGES FROM THE HOUSE bers of the House to the Board of Visi- the bike rodeo to be conducted by the Earth tors to the United States Air Force Force Youth Bike Summit; to the Com- At 12 p.m., a message from the House Academy: Mr. YOUNG of Florida and mittee on Rules and Administration. of Representatives, delivered by one of Mr. HEFLEY of Colorado. f its reading clerks, announced that the The message further announced that House has passed the following bills, in MEASURE PLACED ON THE pursuant to 44 U.S.C. 2501, the Speaker which it requests the concurrence of CALENDAR appoints the following Member of the the Senate: House to the National Publications and The following bill was read the sec- H.R. 15. An act to designate a portion of ond time and placed on the calendar: Records Commission: Mr. BLUNT of the Otay Mountain region of California as Missouri. S. 767. A bill to amend the Internal Rev- wilderness. enue Code of 1986 to provide a 2-month exten- H.R. 154. An act to provide for the collec- The message also announced that sion for the due date for filing a tax return tion of fees for the making of motion pic- pursuant to 46 U.S.C. 1295(h), the for any member of a uniformed service on a tures, television productions, and sound Speaker appoints the following Mem- tour of duty outside the United States for a tracks in National Park System and Na- ber of the House to the Board of Visi- period which includes the normal due date tional Wildlife Refuge System units, and for tors to the United States Merchant for such filing. other purposes. Marine Academy: Mr. KING of New f H.R. 449. An act to authorize the Gateway York. Visitor Center at Independence National His- REPORTS OF COMMITTEES torical Park, and for other purposes. The message further announced that pursuant to U.S.C. 4355(a), the Speaker The following reports of committees H.R. 911. An act to designate the Federalo were submitted: building located at 310 New Bern Avenue in appoints the following Members of the By Mr. JEFFORDS, from the Committee Raleigh, North Carolina, as the ‘‘Terry San- House to the Board of Visitors to the on Health, Education, Labor, and Pensions: ford Federal Building.’’ United States Military Academy: Mr. Special Report entitled ‘‘Report on Legisla- The message also announced that the TAYLOR of North Carolina and Mrs. tive Activities of the Committee on Labor House has agreed to the following con- KELLY of New York. and Human Resources during the 105th Con- current resolutions, in which it re- The message also announced that gress 1997–1998’’ (Rept. No. 106–40). quests the concurrence of the Senate: pursuant to 10 U.S.C. 6968(a), the By Mr. MCCONNELL, from the Committee Speaker appoints the following Mem- on Rules and Administration: Special Report H. Con. Res. 48. Concurrent resolution au- entitled ‘‘Review of the Legislative Activi- thorizing the use of the Capitol Grounds for bers of the House to the Board of Visi- ties of the Committee on Rules and Adminis- the opening ceremonies of Sunrayce 99. tors to the United States Naval Acad- tration During the 105th Congress 1997–1998’’ H. Con. Res. 49. Concurrent resolution au- emy: Mr. SKEEN of New Mexico, Mr. (Rept. No. 106–41). thorizing the use of the Capitol Grounds for GILCHREST of Maryland, Mr. TANNER of By Mr. HATCH, from the Committee on the bike rodeo to be conducted by the Earth Tennessee, and Mr. HOYER of Maryland. the Judiciary: Report to accompany the bill Force Youth Bike Summit. The message further announced that (S. 247) to amend title 17, United States The message further announced that pursuant to the provisions of 15 U.S.C. Code, to reform the copyright law with re- the House has passed the following bill, spect to satellite retransmissions of broad- 1024(a), the Speaker appoints the fol- cast signals, and for other purposes (Rept. without amendment: lowing Members of the House to the No. 106–42). S. 388. An act to authorize the establish- Joint Economic Committee: Mr. STARK f ment of a disaster mitigation pilot program of California, Mrs. MALONEY of New in the Small Business Administration. York, Mr. MINGE of Minnesota, and Mr. INTRODUCTION OF BILLS AND The message also announced that the WATT of North Carolina. JOINT RESOLUTIONS House agrees to the amendment of the The message further announced that The following bills and joint resolu- Senate to the bill (H.R. 440) to make pursuant to the provisions of section 4 tions were introduced, read the first S3634 CONGRESSIONAL RECORD — SENATE April 13, 1999 and second time by unanimous con- By Mr. ABRAHAM (for himself, Mr. grade label issued by the Secretary of Agri- sent, and referred as indicated: FITZGERALD, Mr. MOYNIHAN, and Mr. culture may not be used for imported meat SCHUMER): and meat food products; to the Committee By Mr. SESSIONS (for himself and Mr. S. 779. A bill to provide that no Federal in- on Agriculture, Nutrition, and Forestry. DEWINE): come tax shall be imposed on amounts re- By Mr. MCCAIN: S. 768. A bill to establish court-martial ju- ceived by Holocaust victims or their heirs; to S. 789. A bill to amend title 10, United risdiction over civilians serving with the the Committee on Finance. States Code, to authorize payment of special Armed Forces during contingency oper- By Mr. HARKIN (for himself and Mr. compensation to certain severely disabled ations, and to establish Federal jurisdiction GRASSLEY): uniformed services retirees; to the Com- over crimes committed outside the United S. 780. A bill to amend the Omnibus Parks mittee on Armed Services. States by former members of the Armed and Public Lands Management Act of 1996 to By Mr. LAUTENBERG: Forces and civilians accompanying the provide for the participation of the Sec- S. 790. A bill to amend the Federal Food, Armed Forces outside the United States; to retary of the Interior in the America’s Agri- Drug, and Cosmetic Act to require manufac- the Committee on the Judiciary. cultural Heritage Partnership, and for other turers of bottled water to submit annual re- By Mr. CONRAD (for himself and Mr. purposes; to the Committee on Energy and ports, and for other purposes; to the Com- DORGAN): Natural Resources. mittee on Environment and Public Works. S. 769. A bill to provide a final settlement By Mrs. FEINSTEIN: By Mr. SHELBY (for himself and Mr. on certain debt owed by the city of Dickin- S. 781. A bill to amend section 2511 of title SESSIONS): son, North Dakota, for the construction of 18, United States Code, to revise the consent S.J. Res. 18. A joint resolution honoring the bascule gates on the Dickinson Dam; to exception to the prohibition on the intercep- World War II crewmembers of the U.S.S. Ala- the Committee on Energy and Natural Re- tion of oral, wire, or electronic communica- bama on the occasion of the 1999 annual re- sources. tions that is applicable to telephone commu- union of the U.S.S. Alabama Crewmen’s As- By Mr. CONRAD (for himself, Mr. nications; to the Committee on the Judici- sociation; to the Committee on Veterans’ Af- DASCHLE, Mr. MURKOWSKI, Mr. ary. fairs. INOUYE, Mr. HARKIN, and Mr. S. 782. A bill to amend title 18, United WELLSTONE): States Code, to modify the exception to the f S. 770. A bill to provide reimbursement prohibition on the interception of wire, oral, under the medicare program for telehealth SUBMISSION OF CONCURRENT AND or electronic communications to require a SENATE RESOLUTIONS services, and for other purposes; to the Com- health insurance issuer, health plan, or mittee on Finance. health care provider obtain an enrollee’s or The following concurrent resolutions By Mr. ROBB: patient’s consent to their interception, and and Senate resolutions were read, and S. 771. A bill to amend title 38, United for other purposes; to the Committee on the referred (or acted upon), as indicated: States Code, to authorize the memorializa- Judiciary. By Mr. JEFFORDS (for himself, Mr. tion at the columbarium at Arlington Na- By Mrs. FEINSTEIN (for herself and GREGG, Ms. COLLINS, Mr. LOTT, Mr. tional Cemetery of veterans who have do- Mr. SESSIONS): DEWINE, Mr. HAGEL, Mr. ENZI, Mr. nated their remains to science, and for other S. 783. A bill to limit access to body armor BROWNBACK, Mr. HATCH, Mr. purposes; to the Committee on Veterans Af- by violent felons and to facilitate the dona- ASHCROFT, and Mr. COVERDELL): fairs. tion of Federal surplus body armor to State S. Con. Res. 25. A concurrent resolution S. 772. A bill to amend section 8339(p) of and local law enforcement agencies; to the urging the Congress and the President to title 5, United States Code, to clarify the Committee on the Judiciary. fully fund the Federal Government’s obliga- computations of certain civil service retire- By Mr. ROCKEFELLER (for himself, tion under the Individuals with Disabilities ment system annuities based on part-time Mr. MACK, Mr. FRIST, Mrs. FEINSTEIN, Education Act; to the Committee on Armed service, and for other purposes; to the Com- Ms. MIKULSKI, Mr. SARBANES, Mr. Services. mittee on Governmental Affairs. CONRAD, Mr. JOHNSON, Mr. By Mr. BREAUX: WELLSTONE, Mr. SMITH of Oregon, Ms. f S. 773. A bill to amend the Internal Rev- COLLINS, Mr. JEFFORDS, Mr. MOY- enue Code of 1986 to modify the active busi- NIHAN, Mr. BINGAMAN, Mr. INOUYE, STATEMENTS ON INTRODUCED ness definition relating to distributions of Mr. CRAIG, Mr. GRAHAM, Mr. KERREY, BILLS AND JOINT RESOLUTIONS stock and securities of controlled corpora- Mr. HARKIN, and Mr. LEAHY): By Mr. SESSIONS (for himself tions; to the Committee on Finance. S. 784. A bill to establish a demonstration and Mr. DEWINE): S. 774. A bill to amend the Internal Rev- project to study and provide coverage of rou- enue Code of 1986 to increase the deduction tine patient care costs for medicare bene- S. 768. A bill to establish court-mar- for meal and entertainment expenses of ficiaries with cancer who are enrolled in an tial jurisdiction over civilians serving small businesses; to the Committee on Fi- approved clinical trial program; to the Com- with the Armed Forces during contin- nance. mittee on Finance. gency operations, and to establish Fed- By Mr. TORRICELLI: By Mr. JOHNSON (for himself and Mr. eral jurisdiction over crimes com- S. 775. A bill to require the Administrator DASCHLE): mittee outside the United States by of the Environmental Protection Agency to S. 785. A bill for the relief of Frances conduct a feasibility study for applying air- former members of the Armed Forces Schochenmaier; to the Committee on Armed and civilians accompanying the Armed port bubbles as a method of identifying, as- Services. sessing, and reducing the adverse environ- By Ms. MIKULSKI (for herself, Ms. Forces outside the United States; to mental impacts of airport ground and flight SNOWE, Mr. SARBANES, Ms. COLLINS, the Committee on the Judiciary. operations and improving the overall quality and Mr. LOTT): MILITARY AND EXTRATERRITORIAL of the environment, and for other purposes; S. 786. A bill to amend title II of the Social JURISDICTION ACT OF 1999 to the Committee on Environment and Pub- Security Act to provide that a monthly in- Mr. SESSIONS. Mr. President, I rise lic Works. surance benefit thereunder shall be paid for to introduce the Military and By Mr. GRASSLEY (for himself and the month in which the recipient dies, sub- Mr. HARKIN): ject to a reduction of 50 percent if the recipi- Extraterritorial Jurisdiction Act of S. 776. A bill to authorize the National ent dies during the first 15 days of such 1999. This bill will close a legal loop- Park Service to conduct a feasibility study month, and for other purposes; to the Com- hole through which civilians who com- for the preservation of the Loess Hills in mittee on Finance. mit crimes while accompanying the western Iowa; to the Committee on Energy By Mr. SCHUMER (for himself and Mr. Armed Forces overseas evade punish- and Natural Resources. DURBIN): ment. Today, when a civilian accom- By Mr. FITZGERALD: S. 787. A bill to amend the Truth in Lend- panies the military outside the United S. 777. A bill to require the Department of ing Act to enhance consumer disclosures re- Agriculture to establish an electronic filing garding credit card terms and charges, to re- States, whether a relative, a depend- and retrieval system to enable the public to strict issuance of credit cards to students, to ent, or a civilian contractor—and there file all required paperwork electronically expand protections in connection with unso- are many—the civilian is not subject to with the Department and to have access to licited credit cards and third-party checks, prosecution under the Uniform Code of public information on farm programs, quar- and to protect consumers from unreasonable Military Justice and does not fall terly trade, economic, and production re- practices that result in unnecesary credit under any of the general Federal crimi- ports, and other similar information; to the costs or loss of credit, and for other pur- nal laws. Committee on Agriculture, Nutrition, and poses; to the Committee on Banking, Hous- These individuals can only be pros- Forestry. ing, and Urban Affairs. ecuted for their crimes if the host By Mr. MURKOWSKI: By Mr. BURNS (for himself, Mr. ENZI, S. 778. A bill for the relief of Blanca and Mr. CRAIG): country chooses to do so. However, Echeverri; to the Committee on the Judici- S. 788. A bill to amend the Federal Meat there are many circumstances in which ary. Inspection Act to provide that a quality the host country does not choose to April 13, 1999 CONGRESSIONAL RECORD — SENATE S3635 prosecute. They just often do not have The need for this legislation was SIONS, to reintroduce legislation that an interest in the case. Additionally, in most recently described in a report would close the loopholes that permit situations such as Somalia and Haiti, submitted by the Overseas Jurisdiction civilians accompanying the Armed when our troops are rapidly deployed, Advisory Committee to the Secretary Forces and those serving with the typically no agreement exists gov- of Defense, the Attorney General, and Armed Forces from evading punish- erning how civilians will be prosecuted to this Congress. This panel was estab- ment for crimes they committed while until months into the operation. In- lished in section 1151 of the 1996 Na- abroad. Under current law, many ille- deed, many times there are no laws in tional Defense Authorization Act. gal acts committed abroad by depend- effect really in those countries. So we In the act, Congress recognized this ents, civilian employees, and those believe that something must be done in jurisdictional loophole needed to be ex- servicing with the Armed Forces go this regard. amined so it established this advisory substantially unaddressed by either There is a glaring deficiency here and committee to study the problems of ci- military or civilian courts. Adminis- it has come to my attention through a vilians who commit criminal acts when trative punishments have proven tragic incident. A U.S. Army depend- accompanying the Armed Forces over- equally inadequate to address this ent, not a soldier, living on an Army seas. This committee was composed of problem. base in Germany, sexually molested experts in military and civilian law When civilians accompany the Armed two dependent children. The Army in- from all branches of the armed serv- Services outside the United States, vestigators found probable cause to be- ices, the Department of Justice, and they are not subject to prosecution lieve that the sexual acts had occurred. the State Department. The advisory under Federal criminal law or the Uni- However, under German law, no action committee found that this problem was form Code of Military Justice. This has could be taken against this juvenile. serious enough that ‘‘legislation is proven to be a double-edged sword. Sometimes prosecutors are restricted needed to address misconduct by civil- While foreign nations frequently have by legal prohibitions, and sometimes ians accompanying the forces overseas no interest in vindicating crimes com- they just have no interest in pros- in peacetime settings.’’ These experts mitted by American civilians against ecuting a case involving Americans. believed that the jurisdictional void other Americans, despite the extreme As of March 31, 1996, there were more must be closed to ‘‘maintain order and seriousness of the offense, there have than 240,000 family dependents and discipline.’’ been instances where the United States 96,000 civilian employees overseas. The American Government must has had to turn over American civil- These persons accompany our troops to have the authority to discipline people ians to host countries for potentially represent the United States, but many it sends overseas to represent and serve harsh punishment because of the ab- times they are in effect outside the this country. It is inconsistent with sence of appropriate enforcement ac- law. the American system of justice that a tion. Unfortunately, this problem is In addition to the sexual molestation civilian employee working with service likely to worsen as there are a large incident that I have already men- members and dependents of service number of dependents overseas, and the tioned, examples of crimes that have members not be subject to American number of civilian employees of the gone unpunished due do this loophole criminal laws. This piece of legislation Armed Services overseas is increasing. are rape, assault, battery, vandalism, is an important step toward recog- As for those serving with the Armed and drug dealing. Although the offend- nizing the changing nature of our Forces, criminal prosecutions by the ers may receive some sort of adminis- Armed Forces and making sure that military court or administrative alter- trative punishment, such as being the Criminal Code is keeping pace with natives sometimes simply discharge barred from certain areas of the base or the military’s changing dynamic. the individual and send them home, monetary fines, these administrative As a former U.S. attorney for 12 rather than imposing any serious pun- noncriminal penalties are inadequate years myself, and one who has met fre- ishment for a crime. for the more serious violations. quently with victims, nothing can be The case that has united Senator Because the military continues to more frustrating than to see a person SESSIONS and me behind this legisla- rely heavily on civilian assistance and or a family victimized by some awful tion is that of an Ohio resident, Amy support, the United States must de- act and have to tell them: There is no McGough, who was stationed in Ger- velop an appropriate and effective law that will vindicate you. Even many, along with her husband who is criminal process to deal with the mis- though under various other cir- from Alabama. Mrs. McGough’s 8-year- behavior of civilians. It is important to cumstances it would be a plain crime, old son and 5-year-old daughter were the morale of our military forces that for some technical reason there is not repeatedly raped and molested by a enlisted men and women working out- a way to legally right this wrong. neighbor boy who was supposed to be side the United States along with civil- So I believe this is an important bill. baby-sitting them. While the Criminal ian personnel do not believe that civil- It closes a loophole involving more and Investigations Division of the Army ians who may commit a crime against more Americans each year. We simply found sufficient facts, neither the them are beyond criminal prosecution. do not need to cede away the authority Army nor Federal prosecutors had ju- This bill would extend the reach of to prosecute criminal acts to nations risdiction to prosecute the case, and title 18 of the United States Criminal that may have no interest whatsoever the German government would not in- Code to include those civilians that ac- in vindicating the rights of an Amer- tervene because of the age of the perpe- company the military outside the ican service man or woman who has trator. United States. When one of these civil- been a victim of a crime. In such cases, our bill would guar- ians commits an offense that Congress I believe this is an important act. It antee that civilians, or those serving has established as a maritime crime, has broad support, the support of the with the Armed Forces in certain cir- the U.S. attorney’s office would have military and support of other officials cumstances, who commit an illegal act the option to exercise jurisdiction and of this Government. We think it is a punishable under the Federal law by prosecute the offender in the United needed step and I commend it to my more than a year’s imprisonment, will States. The bill would employ title 18, fellow Members of the Senate. be subject to the special maritime or United States Code section 3238, which I also want to express my apprecia- territorial jurisdiction of the United provides that an accused be tried in the tion for an Alabama family whose child States for prosecution by a military U.S. district court where the offender was a victim of a crime, a sexual act, court or for Federal criminal prosecu- first appears when he is brought back in a foreign country, who is here in tion. Neither civilians connected with to the United States. this Capitol today, at the Senate the Armed Forces nor those serving Finally, in order to prevent legal today, and without whose support and with the Armed Forces abroad accused conflicts with a jurisdiction recognized encouragement this piece of legislation of rape, child molestation or some by the United States, this bill only ap- would not become law and would not other serious felony will simply be al- plies if the host country has already have reached this point. lowed to resign or leave the foreign prosecuted or is in the process of pros- Mr. DEWINE. Mr. President, I rise country to avoid punishment. They ecuting the accused. today with my colleague, Senator SES- will be subject to Federal prosecution. S3636 CONGRESSIONAL RECORD — SENATE April 13, 1999 We need to make sure that an appro- project, the Garrison Diversion project, residents of the Dickinson area and for priate criminal process exists in these which is another Bureau of Reclama- the Federal Government. I hope this circumstances. Letting these individ- tion project. The Southwest Pipeline Congress will carefully study this issue uals back on America’s streets does lit- brings high-quality water from Lake and quickly pass this important legis- tle to hold them accountable, and Sakakawea on the Missouri River to lation. nothing to protect our communities the city of Dickinson and other com- Mr. President, I ask unanimous con- here at home. I appreciate the efforts munities in southwest North Dakota. sent that the text of the bill be printed of my colleague, Senator SESSIONS, The water is of much higher quality in the RECORD. who is also a member of the Armed that the water from the city’s previous There being no objection, the bill was Services Committee, in working with supply from Lake Patterson, and has ordered to be printed in the RECORD, as me to introduce this legislation to ad- helped spur economic development in follows: dress our mutual concern. the region. While the citizens of the S. 769 area now benefit from a higher quality Be it enacted by the Senate and House of Rep- By Mr. CONRAD (for himself and water supply, the city no longer bene- resentatives of the United States of America in Mr. DORGAN): fits from the additional water supply Congress assembled, S. 769. A bill to provide a final settle- provided by the bascule gates. The re- SECTION 1. SHORT TITLE. ment on certain debt owed by the city sult is the city is paying for two Bu- This Act may be cited as the ‘‘Dickinson of Dickinson, ND, for the construction reau of Reclamation projects, while it Dam Bascule Gates Settlement Act of 1999’’. of the bascule gates on the Dickinson is using water from only one of those SEC. 2. FINDINGS. Congress finds that— Dam; to the Committee on Energy and projects for its municipal water supply. Natural Resources. (1) in 1980 and 1981, the Bureau of Reclama- The city has repaid more than $1.2 mil- tion constructed the bascule gates on top of THE DICKINSON DAM BASCULE GATES lion to the United States for the bas- the Dickinson Dam on the Heart River, SETTLEMENT ACT OF 1999 cule gates, despite the fact that the North Dakota, to provide additional water Mr. CONRAD. Mr. President, I rise gates now provide almost no direct supply in the reservoir known as Patterson today to introduce the Dickinson Dam benefit to the city. Lake for the city of Dickinson, North Da- Bascule Gates Settlement Act of 1999 The city has previously investigated kota, and for additional flood control and and I am pleased that my colleague alternatives to the current situation. other benefits; from North Dakota, Senator DORGAN, The city has discussed the option of as- (2) the gates had to be significantly modi- fied in 1982 because of damage resulting from is an original cosponsor of the bill. suming title to the dam and bascule This legislation would permit the Sec- a large ice block causing excessive pressure gates, as well as attempting to nego- on the hydraulic system, causing the system retary of the Interior to accept a one- tiate a new agreement with the Bureau to fail; time, lump-sum payment for the city of Reclamation administratively. How- (3) since 1991, the City has received its of Dickinson, ND, in lieu of the annual ever, because the terms of the existing water supply from the Southwest Water Au- payments required under the city’s ex- contract are outlined statutorily, new thority, which provides much higher quality isting repayment contract for con- legislation is required to make any water from the Southwest Pipeline Project; struction of the ‘‘bascule gates’’ on the changes to the current repayment con- (4) the City now receives almost no benefit from the bascule gates because the City does Dickinson Dam on the Heart River. tract. This bill would resolve a long-standing not require the additional water provided by The legislation I am introducing the bascule gates for its municipal water issue for the city of Dickinson and the today would do three primary things. supply; Bureau of Reclamation. The Dickinson First, it would permit the Interior Sec- (5) the City has repaid more than $1,200,000 Dam Bascule Gates Settlement Act is retary to accept a lump-sum payment to the United States for the construction of nearly identical to a bill I introduced of $300,000 from the city and terminate the bascule gates, and has been working for last June, and it is my hope that the the remaining annual payments re- several years to reach an agreement with the Senate will quickly consider and pass quired under the existing repayment Bureau of Reclamation to alter its repay- this important piece of legislation. contract. This is an increase from last ment contract; (6) the City has a longstanding commit- Mr. President, the history of the bas- year’s legislation, which called for a cule gates is long and complex. The Bu- ment to improving the water quality and $150,000 final settlement. Enacting this recreation value of the reservoir and has reau of Reclamation constructed the legislation would end the issue of pay- been working with the United States Geo- Dickinson Dam on the Heart River in ing for the construction of these gates logical Survey, the North Dakota Depart- 1949 and 1950 to supply water to the for both the city and the Federal gov- ment of Game and Fish, and the North Da- city of Dickinson, and for flood con- ernment. kota Department of Health to improve water trol, recreation, and other purposes. Second, my bill would require the quality; and The reservoir created by this dam was Secretary to reallocate the costs of op- (7) it is in the public interest to resolve named Patterson Lake in about 1960. eration and maintenance for the bas- this issue by providing for a single payment The need for additional water supply to the United States in lieu of the scheduled cule gates and the Dickinson Dam. The annual payments and for the termination of for the city was identified in the early bill does not prescribe any particular any further repayment obligation. 1970’s, and the bascule gates were con- reallocation formula, but does require SEC. 3. DEFINITIONS. structed in the early 1980’s, to provide the Secretary to consider the fact that In this Act: additional water storage capacity in the current benefits of the dam and (1) BASCULE GATES.—The term ‘‘bascule Lake Patterson. At the time, the city bascule gates are primarily for flood gates’’ means the structure constructed on expressed reservations over the cost of control, recreation, and fish and wild- the Dam to provide additional water storage the bascule gates and the viability of life purposes. In my view, operation capacity in the Lake. the gates, since the city was not aware and maintenance costs should be borne (2) CITY.—The term ‘‘City’’ means the city of Dickinson, North Dakota. of any other location in a northern cli- by those who benefit from a particular (3) DAM.—The term ‘‘Dam’’ means Dickin- mate in which the gates had been test- project. son Dam on the Heart River, North Dakota. ed or proven. In 1982, shortly after the Finally, my bill would permit the (4) LAKE.—The term ‘‘Lake’’ means the res- gates were operational, a large ice Secretary to enter any appropriate ervoir known as ‘‘Patterson Lake’’ in the block caused excessive pressure on the water service contracts in the future if State of North Dakota. hydraulic system, causing it to fail. the city or any other entity uses water (5) SECRETARY.—The term ‘‘Secretary’’ Construction modifications were made from Patterson Lake for municipal means the Secretary of the Interior, acting to the gate hydraulic system and a de- water supply or for other purposes. It is through the Commissioner of the Bureau of icing system were added in 1982, adding only fair that if the city benefits in the Reclamation. further costs to the project. future from the water stored behind SEC. 4. FORGIVENESS OF DEBT. In 1991, the city began to receive its (a) IN GENERAL.—The Secretary shall ac- the bascule gates that we preserve an cept a 1-time payment of $300,000 in lieu of municipal water supply from the option for recovering additional costs the existing repayment obligations of the Southwest Pipeline Project, a project from those beneficiaries. City under the Bureau of Reclamation Con- constructed in part with funds provided Mr. President, this legislation rep- tract No. 9–07–60W0384, dated December 19, for North Dakota’s statewide water resents a win-win situation for the 1988, toward which amount any payments April 13, 1999 CONGRESSIONAL RECORD — SENATE S3637 made by the City to the Secretary on or water supplies than the city’s previous the country, providers are experi- after June 2, 1998, shall be credited. supply from Patterson Lake. menting with a variety of telehealth (b) OWNERSHIP.—Title to the Dam and bas- Consequently, it makes no sense for approaches in an effort to improve ac- cule gates shall remain with the United the City of Dickinson to have two cess to quality medical and other States. water supply systems when it needs (c) COSTS.— health-related services. Those pro- (1) IN GENERAL.—In consultation with the only one—especially when the first sys- grams are demonstrating that tele- City and the State of North Dakota, the Sec- tem was a faulty one. The city has al- communications technology can allevi- retary shall reallocate responsibility for the ready repaid more than $1.2 million for ate the constraints of time and dis- operation and maintenance costs of the Dam the bascule gates, even though they tance, as well as the cost and inconven- and bascule gates. now provide virtually no benefit to the ience of transporting patients to med- (2) CONSIDERATION OF BENEFITS.—The re- city. ical providers. Many approaches show allocation of costs shall reflect the fact that Last year, I was able to pass an ap- promising results in reducing health the benefits of the Dam and bascule gates propriations amendment to provide care costs and bringing adequate care are mainly for flood control, recreation, and partial relief for the city’s debt. Unfor- fish and wildlife purposes. to all Americans. For the first time, (d) WATER SERVICE CONTRACTS.—The Sec- tunately, this provision stalled in the technological advances and the devel- retary may enter into appropriate water conference committee. The North Da- opment of a national information in- service contracts if the City or any other kota delegation also added an amend- frastructure give telehealth the poten- person or entity seeks to use water from the ment for more complete debt relief to a tial to overcome barriers to health care Lake for municipal water supply or other package of water management services for rural Americans and afford purposes. projects, which did not pass in the last them the access that most Americans Mr. DORGAN. Mr. President, I rise to days of 1998 session. take for granted. But it is clear that join my colleague from North Dakota, Thus, we need to provide authority our nation must do more to integrate Mr. CONRAD, in introducing a bill to for Dickinson to settle its debt, to re- telehealth into our overall health care provide a final settlement on certain allocate costs for operation and main- delivery infrastructure. debts owned by the City of Dickinson, tenance of the bascule gates and Dick- Because so many rural and under- North Dakota, to the Bureau of Rec- inson Dam, and to permit the Sec- served communities lack the ability to lamation. The legislation is virtually retary of the Interior to enter into ap- attract and support a wide variety of identical to that introduced during the propriate water service contracts with health care professionals and services, last Congress. the city for any beneficial use of the it is important to find a way to bring The Dickinson Dam Bascule Gates water in Patterson Lake. The proposed the most important medical services Settlement Act will provide long over- legislation will address those three ob- into those communities. Telehealth due relief to the citizens of Dickinson. jectives while also providing a fair set- provides an important part of the an- Let me briefly explain why the debt tlement for the Federal Government swer. It helps bring services to remote liquidation is needed and appropriate. and the City of Dickinson. areas in a quick, cost-effective manner, I want to commend my colleague For one thing, the Bureau of Reclama- and can enable patients to avoid trav- from North Dakota for his leadership tion built a faulty project. The debt eling long distances in order to receive and cooperation in developing a sound was incurred by the City of Dickinson health care treatment. solution to this problem. In term, I for construction of a dam with gate We have made progress. The urge my colleagues to consider and structures which never worked prop- Balanced Budget Act of 1997 includes a pass this needed legislation. erly. In addition, the need for the dam provision that provides for some Medi- to help provide a reliable local water By Mr. CONRAD (for himself, Mr. care reimbursement of telehealth serv- supply was eclipsed by the construc- DASCHLE, Mr. MURKOWSKI, Mr. ices. Unfortunately, however, the tion of the Southwest Pipeline, a INOUYE, Mr. HARKIN, and Mr. Health Care Financing Administration project of the same Bureau of Reclama- WELLSTONE): interpreted the legislative language tion. S. 770. A bill to provide reimburse- too narrowly and severely limited the The legislation itself is actually ment under the medicare program for services that are covered. This bill quite simple. It would permit the Sec- telehealth services, and for other pur- clarifies the intent of Congress regard- retary of the Interior to accept one poses; to the Committee on Finance. ing Medicare reimbursement and there- final payment from the City of Dickin- THE COMPREHENSIVE TELEHEALTH ACT OF 1999 by increases access to these services in son in place of a series of payments Mr. CONRAD. Mr. President, today, I underserved areas. now required by city’s current repay- am pleased to be joined by Senator The first element of my proposal ment contract. DASCHLE, Senator WELLSTONE, Senator clarifies and expands Medicare reim- My colleague has described in some INOUYE, Senator HARKIN, and Senator bursement for telehealth. Medicare re- detail the complicated and frustrating MURKOWSKI to introduce legislation to imbursement policy is an essential story of the dam and bascule gates help improve health care delivery in component of helping to integrate tele- project. Let me underscore a couple of rural and underserved communities health into the health care infrastruc- major points. In 1949 and 1950, the dam throughout America through the use of ture and is particularly important in was constructed to provide an adequate telecommunications and telehealth rural areas, where many hospitals do water supply for the City of Dickinson, technology. as much as 80% of their business with as well as some flood control and recre- Telehealth encompasses a wide vari- Medicare patients. Because the Sec- ation. The bascule gates were added to ety of technologies, ranging from the retary defined reimbursable services so augment storage capacity in the res- telephone to high-tech equipment that narrowly in the BBA, this legislation ervoir called Patterson Lake. Despite enables a surgeon to perform surgery clarifies that all services that are cov- the city’s concerns about the use of a from thousands of miles away. It in- ered under Medicare Part B if you drive gate structure on the dam, which had cludes interactive video equipment, fax to a doctor’s office, are covered via not previously been used in a northern machines and computers along with telehealth. In particular, it clarifies climate, the gates actually failed in satellites and fiber optics. These tech- that the technology called ‘‘store and 1982. The ensuing modifications in- nologies can be used to diagnose pa- forward’’, which is a cost-effective creased the cost of the project. tients, deliver care, transfer health method of transferring information, is Another twist in the story is that by data, read X-rays, provide consultation included in this reimbursement policy. 1991 the city no longer needed the Pat- and educate health professionals. Tele- Finally, this bill expands coverage terson Lake water supply. As noted, it health also includes the electronic from health professional shortage began to receive its water supply from storage and transmission of personally areas, as enacted in 1997, to cover all the Southwest Pipeline. This is a major identifiable health information, such rural areas. distribution network of the Garrison as medical records, test results, and in- The second element of this proposal Diversion Unit, another Bureau of Rec- surance claims. asks the Secretary of Health and lamation project. This system provides The promise of telehealth is becom- Human Services to submit a report to both higher quality and more reliable ing increasingly apparent. Throughout the Congress on the status of efforts to S3638 CONGRESSIONAL RECORD — SENATE April 13, 1999 ease licensing burdens on practitioners nate the Federal effort and consolidate S. 771. A bill to amend title 38, who cross state lines in the course of Federal resources, the more effective United States Code, to authorize the supplying telehealth services. Cur- the Federal government will be in con- memorialization at the columbarium rently, consultation by almost any li- tributing to telehealth in a positive at Arlington National Cemetery of vet- censed health professional in this situ- way. I believe this is especially impor- erans who have donated their remains ation requires that the practitioner be tant in light of the GAO report calling to science, and for other purposes; to licensed in both states. for an expanded role for this group and the Committee on Veterans’ Affairs. In talking with telehealth providers more coordination of telehealth issues in my state, and with experts on the Ad across the Federal agencies. The efforts VETERANS LEGISLATION Hoc Committee, I have been told re- of this group, along with the ongoing Mr. ROBB. Mr. President, late last peatedly that this is one of the most activities of the Congressional Ad Hoc summer, a Virginian contacted my of- significant barriers to developing Steering Committee, will provide a re- fice to request my intervention in a broad, integrated telehealth systems. newed focus for telehealth across the matter which had brought considerable More importantly, they tell me states Federal government. Such coordina- anguish and frustration to her family. have actively been using licensure to tion will also help protect the Amer- She informed me that her father, a close their borders to innovative tele- ican taxpayer from unnecessary dupli- decorated veteran of World War II and health practice. Many states have cation of effort. a career civil servant, had recently taken legislative action to ensure that The fourth part of my proposal helps passed away. Before his death, how- communities build home-grown tele- out-of-state practitioners must be fully ever, he made two simple requests: one, health networks. It attempts both to licensed in their state in order to pro- that his body be donated to science, build a telehealth infrastructure and vide telehealth services, even if they and two, that his ashes be placed in the foster rural economic development and are fully licensed in their own state. Arlington National Cemetery. His incorporates many of the most impor- During a discussion with a telehealth widow, now 72, honored the first of tant lessons learned from other grant practitioner from my home state of those wishes. But in honoring the first projects and studies on telehealth from North Dakota, I was told about a group request, she found out that the second of telehealth specialists who, among across the Federal government. Clearly, the scarcity of resources in was precluded. their small group practice, were li- many rural communities requires that The family learned that, due to var- censed in more than thirty different the coordination and use of those re- ious legal concerns, ashes of organ do- states. That means they pay thirty dif- sources be maximized. My bill encour- nors who donate their bodies to science ferent fees, are responsible for thirty ages cooperation by various local enti- are not returned to the families of the different continuing education require- ties in an effort to help build sustain- donors. Unfortunately, due to the regu- ments, and are overseen by thirty dif- able telehealth programs in rural com- lations governing Arlington National ferent regulatory bodies. This is a cost- munities. It plants seed money to en- Cemetery, veterans cannot be memori- ly and burdensome procedure for many courage health care providers to join alized in the Columbarium unless their practitioners, but the burden falls par- with other segments of the community remains are actually inurned there. ticularly heavily on rural practi- to jointly use telecommunications re- Oddly, it so happens that if his spouse tioners, who face long travel times to sources. Using a unique loan forgive- had predeceased him, her remains acquire continuing education, and who ness program, it rewards telehealth would already have been inurned in a frequently run on lower profit margins systems that supply appropriate, high- niche at Arlington, awaiting his re- than urban practitioners. quality care while reducing overall mains. While I am not prepared at this time health care costs. to propose that the federal government Most importantly, it does not create While I can appreciate that limited get involved with professional licen- a system where various technological space at Arlington has necessitated ad- sure, I have asked the Secretary to approaches are imposed upon commu- herence to strict guidelines for burial study the issue and report to Congress nities. Rather it enables potential and memorialization, I cannot see the yearly on the status of efforts by states grantees to determine user-friendly ap- virtue in denying appropriate recogni- and other interested organizations to proaches that work best for them. This tion for an entitled veteran simply be- address this issue. This will allow us to home-grown approach to developing cause he has donated his remains to reach out to the states and work to- user-friendly telehealth systems, as science. In fact, I would like to encour- gether to find solutions to cross-state well as the preference for coordinating age more veterans to do just that. licensure concerns. As part of this re- resources within communities, will All of us recognize the great need for port, I have asked to the Secretary to help ensure the long-term viability of viable remains for both transplan- make recommendations to Congress, if such programs after the grant expires. tation and for medical study. Veterans appropriate, about possible federal ac- Mr. President, my proposal continues who make this courageous commit- tion to lower the licensure barrier. our national efforts to integrate tele- ment should be suitably recognized and A third element of my proposal in- communications technology into the their loved ones should know that a volves coordination of the Federal tele- rapidly evolving health care delivery grateful nation has made a place for health effort. The Department of system. I am very encouraged by the them at one of our country’s most sa- Health and Human Services has cre- positive feedback I have received from cred memorials. ated an informal interagency task telehealth networks across the coun- With that said, I submit this bill force that is examining our federal try. I have continued to work with which seeks to modify current regula- agency telehealth efforts. This group telehealth networks and representa- tions to allow otherwise qualified vet- reported on Federal activities related tives to strengthen this proposal. As a erans, who have donated their remains to telehealth and provided a thorough result, I have made several changes in to science, to be memorialized at the examination of many of the important the bill that I believe will make this a Columbarium in Arlington National issues in telehealth. stronger proposal. But, as with any My bill attempts to use that task complex issue, I understand that some Cemetery, notwithstanding the absence force to inventory Federal activity on may prefer different approaches. I of their cremated remains. telehealth and related technology, de- would like to continue to encourage all Mr. President, I salute these veterans termine what applications have been interested parties to come forward and their devoted families, and ask found successful, and recommend an with creative solutions to these impor- unanimous consent that the text of the overall Federal policy approach to tele- tant issues. It is my hope that tele- bill be printed in the RECORD. health. Many departments and agen- health legislation can be included in There being no objection, the bill was cies of the Federal government are en- the comprehensive rural health care ordered to be printed in the RECORD, as gaged in telehealth activity, including legislation in this Congress so we can follows: the Veterans Administration, Depart- continue to improve access to needed ment of Defense, Department of Agri- health care services for rural and un- S. 771 culture, Office for the Advancement of derserved populations. Be it enacted by the Senate and House of Rep- Telehealth, and many others. The more resentatives of the United States of America in these agencies work together to coordi- By Mr. ROBB: Congress assembled, April 13, 1999 CONGRESSIONAL RECORD — SENATE S3639 SECTION 1. MEMORIALIZATION AT COLUMBA- as a full-time worker, your annuities nical change will alone save corpora- RIUM AT ARLINGTON NATIONAL will be reduced. Clearly, that is not the tions millions of dollars in unnecessary CEMETERY OF VETERANS WHO HAVE DONATED THEIR REMAINS TO intent of the provision. expenses and economic costs that are SCIENCE. Mr. Jones and his wife sought judi- incurred when they divide their busi- (a) AUTHORITY TO MEMORIALIZE.—(1) Chap- cial remedies to no avail. He and his nesses. ter 24 of title 38, United States Code, is family simply want his annuity cal- The Treasury Department agrees amended by adding at the end the following: culated accurately. That is why I am that there is a technical problem with ‘‘§ 2412. Arlington National Cemetery: memo- introducing this legislation today. the drafting of the Tax Code and has rialization at columbarium of veterans who Mr. President, by passing this legis- agreed to work with me on this pro- have donated their remains to science lation we will ensure that federal retir- posal. In fact, the President included a ‘‘The Secretary of the Army may honor, by ees like Mr. Jones and others are not similar provision to correct this prob- marker or other appropriate means at the unjustly penalized for working part- columbarium at Arlington National Ceme- lem in his budget. I am introducing tery, the memory of any veteran eligible for time at the end of their careers. I look today the same bill I introduced during inurnment in the columbarium whose cre- forward to working with my colleagues the last session of Congress, but expect mated remains cannot be inurned in the col- on the Government Affairs Committee to work with Treasury to perfect the umbarium as a result of the donation of the to ensure its consideration and favor- language and make sure that corpora- veteran’s organs or remains for medical or able recommendation as quickly as tions are not further hampered by this scientific purposes.’’. possible. problem. (2) The table of sections at the beginning of Mr. President, I ask unanimous con- Corporations, and affiliated groups of that chapter is amended by adding at the end sent that the text of the bill be printed the following: corporations, often find it advan- in the RECORD. tageous, or even necessary, to separate ‘‘2412. Arlington National Cemetery: memo- There being no objection, the bill was rialization at columbarium of two or more businesses. The division of ordered to be printed in the RECORD, as veterans who have donated AT&T from its local telephone compa- follows: their remains to science.’’. nies is an example of such a trans- S. 772 (b) APPLICABILITY.—Section 2412 of title 38, action. The reasons for these corporate United States Code, as added by subsection Be it enacted by the Senate and House of Rep- divisions are many, but probably chief (a), shall apply to veterans who die on or resentatives of the United States of America in among them is the ability of manage- Congress assembled, after January 1, 1996. ment to focus on one core business. SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM By Mr. ROBB: ANNUITY COMPUTATIONS BASED ON At the end of the day, when a cor- S. 772. A bill to amend section 8339(p) PART-TIME SERVICE. poration divides, the stockholders sim- (a) IN GENERAL.—Section 8339(p) of title 5, ply have the stock of two corporations, of title 5, United States Code, to clarify United States Code, is amended by adding at the computations of certain civil serv- instead of one. The Tax Code recog- the end the following new paragraph: nizes this is not an event that should ice retirement system annuities based ‘‘(3) In the administration of paragraph on part-time service, and for other pur- (1)— trigger tax, as it includes corporate di- poses; to the Committee on Govern- ‘‘(A) subparagraph (A) of such paragraph visions among the tax-free reorganiza- mental Affairs. shall apply to any service performed on a tion provisions. part-time basis before, on, or after April 7, CIVIL SERVICE RETIREMENT SYSTEM ANNUITIES One requirement the Tax Code im- 1986; CLARIFICATION poses on corporate divisions is very ‘‘(B) subparagraph (B) of such paragraph Mr. ROBB. Mr. President, I rise to in- awkwardly drafted, however. As a re- shall apply to all service performed on a sult, an affiliated group of corporations troduce legislation that will correct part-time or full-time basis on or after April current calculations of federal retire- 7, 1986; and that wishes to divide must often en- ment annuities that unfairly penalizes ‘‘(C) any service performed on a part-time gage in complex and burdensome pre- federal civil servants who switch to basis before April 7, 1986, shall be credited as liminary reorganizations in order to part-time service at the end of their ca- service performed on a full-time basis.’’. accomplish what, for a single corporate reers. (b) APPLICATION.— entity, would be a rather simple and The Congress included provisions in (1) IN GENERAL.—Subject to paragraph (2), straightforward spinoff of a business to the amendment made under subsection (a) the 1986 Civil Service amendments con- its shareholders. The small technical shall apply to the computation of any annu- change I propose today would elimi- tained in the Consolidated Omnibus ity with a date of commencement on or after Budget Reconciliation Act that re- April 7, 1986. nate the need for these unnecessary formed the part-time service calcula- (2) ANNUITY PAYMENTS.—The computation transactions, while keeping the statute tions for retirement, so that part-time of an annuity based on the amendment made true to Congress’s original purpose. workers would not receive the same an- under subsection (a) shall apply only with re- More specifically, section 355 (and re- nuities as full-time workers. I believe spect to annuity payments made on or after lated provisions of the Code) permits a that was a fair and equitable reform. the first day of the first applicable pay pe- corporation or an affiliated group of riod beginning 90 days after the date of en- corporations to divide on a tax-free However, after receiving a letter from actment of this Act. one of my fellow Virginians, L. David basis into two or more separate enti- Jones, it is clear that there have been By Mr. BREAUX: ties with separate businesses. There errors in the interpretation of the pro- S. 773. A bill to amend the Internal are numerous requirements for tax-free vision. Revenue Code of 1986 to modify the ac- treatment of a corporate division, or Mr. Jones worked for the Naval Re- tive business definition relating to dis- ‘‘spinoff,’’ including continuity of his- search Lab until his retirement in Feb- tributions of stock and securities of torical shareholder interest, continuity ruary, 1995. He worked there full-time controlled corporations; to the Com- of the business enterprises, business for 30 years and part-time for five years mittee on Finance. purpose, and absence of any device to after his 30 years of full-time service. AMENDMENT TO INTERNAL REVENUE CODE distribute earnings and profits. In addi- He elected part-time service at the end SECTION 355(B)(2) tion, section 355 requires that each of of his career to not only to ease into Mr. BREAUX. Mr. President, I rise the divided corporate entities be en- retirement, but to help his colleagues today to again introduce a bill that gaged in the active conduct of a trade better manage an increased workload. would make a technical change in the or business. The proposed change would But because of the misinterpretation of Internal Revenue Code. We often talk alter none of these substantive require- the provision, he would have been bet- about the need to simplify the Tax ments of the Code. ter off retiring at the end of his 30 Code. The change I propose today Section 355(b)(2)(A) currently pro- years. Instead of being praised for his would do that. vides an attribution or ‘‘lookthrough’’ additional service, his situation now This change is small but very impor- rule for groups of corporations that op- serves as a cautionary tale for others tant. It would not alter the substance erate active businesses under a holding who wish to transition into retirement of current law in any way. It would, company, which is necessary because a and help their colleagues: if you switch however, greatly simplify a common holding company, by definition, is not to part-time service after a long career corporate transaction. This small tech- itself engaged in an active business. S3640 CONGRESSIONAL RECORD — SENATE April 13, 1999 This lookthrough rule inexplicably re- adding at the end the following: ‘‘For pur- White House Conference on Small Busi- quires, however, that ‘‘substantially poses of subparagraph (A), all corporations ness established the restoration of the all’’ of the assets of the holding com- that are members of the same affiliated deduction as one of its top priorities pany consist of stock of active con- group (as defined in section 1504(a)) shall be for boosting small business. In Lou- treated as a single corporation.’’ trolled subsidiaries. The practical ef- (b) EFFECTIVE DATE.—The amendment isiana alone, it is expected that the fect of this language is to prevent hold- made by this section shall apply to distribu- positive economic impact of this pro- ing companies from engaging in spin- tions or transfer after the date of the enact- posal could exceed $67 million in indus- offs if they own almost any other as- ment of this Act. tries, such as the travel and restaurant sets. This is in sharp contrast to cor- industry, that employ over 120,000 peo- porations that operate businesses di- By Mr. BREAUX: ple. I urge my colleagues to support rectly, which can own substantial as- S. 774. A bill to amend the Internal this legislation. sets unrelated to the business and still Revenue Code of 1986 to increase the engage in tax-free spinoff transactions. deduction for meal and entertainment By Mr. TORRICELLI: S. 775. A bill to require the Adminis- In the real world, of course, holding expenses of small businesses; to the trator of the Environmental Protection companies may, for many sound busi- Committee on Finance. Agency to conduct a feasibility study ness reasons, hold other assets, such as BUSINESS MEAL DEDUCTION FOR SMALL for applying airport bubbles as a meth- non-controlling (less than 80 percent) BUSINESSES od of identifying, assessing, and reduc- interests in subsidiaries, controlled Mr. BREAUX. Mr. President, I rise ing the adverse environmental impacts subsidiaries that have been owned for today to introduce a very important of airport ground and flight operations less than five years (which are not con- bill for small businesses in Louisiana and throughout our country that I also and improving the overall quality of sidered ‘‘active businesses’’ under sec- the environment, and for other pur- tion 355), or a host of nonbusiness as- introduced during the 105th Congress. My bill would restore the 80 percent de- poses; to the Committee on Environ- sets. Such holding companies routinely ment and Public Works. undertake spinoff transactions, but be- duction for business meals and enter- THE RIGHT TO KNOW ABOUT AIRPORT POLLUTION cause of the awkward language used in tainment expenses, thus eliminating a tax burden that has seriously ham- ACT section 355(b)(2)(A), they must first un- Mr. TORRICELLI. Mr. President, I dertake one or more (often a series of) pered many small businesses in our country. rise today to introduce the Right To preliminary reorganizations solely for Know About Airport Pollution Act, and the purpose of complying with this in- Small business is a powerful eco- nomic engine, both nationwide and in ask that my remarks be placed in the explicable language of the Code. RECORD at the appropriate place. This Such preliminary reorganizations are Louisiana. Small businesses have helped to create the prosperity that we important legislation will allow the at best costly, burdensome, and with- Environmental Protection Agency out any business purpose, and at worst, have all enjoyed in the last few years. They are leaders in the innovation and (EPA), in conjunction with the FAA, to they seriously interfere with business conduct a nationwide study of air, operations. In a few cases, they may be technology development that will sus- tain our economy in the 21st century. water, solid waste and noise pollution so costly as to be prohibitive, and generated by airports across the U.S. Nationwide, small business employs 53 cause the company to abandon an oth- every day. In addition, the bill will di- percent of the private work force, con- erwise sound business transaction that rect the EPA to determine whether tributes 47 percent of all sales in the is clearly in the best interest of the current air emission standards are suf- country, and is responsible for 50 per- corporation and the businesses it oper- ficient to protect the environment, and cent of the private gross domestic ates. will require airports to be listed under product. There is no tax policy reason, tax ad- Community Right To Know laws gov- For these reasons, I believe the tax visors agree, to require the reorganiza- erning the use of hazardous materials. tion of a consolidated group that is code should encourage, not discourage, Many of my colleagues and I hear ev- clearly engaged in the active conduct small business development and eryday from constituents who are con- of a trade or business, as a condition to growth. For the more than 225,000 self- cerned by the pollution, including a spinoff. Nor is there any reason to employed and for the thousands of noise pollution, created by airports in treat affiliated groups differently than small businesses in Louisiana, business our states. In 1996, a Natural Resources single operating companies. Indeed, no meals and entertainment take the Defense Council (NRDC) report con- one has ever suggested one. The legis- place of advertising, marketing, and firmed that US airports rival smoke- lative history indicates Congress was conference meetings. These expenses stack industries in the amount of pol- concerned about non-controlled sub- are a core business development cost. lution they release into the environ- sidiaries, which is elsewhere ade- As such, a large percentage of these ment. This growing problem affects quately addressed, not consolidated costs should be deductible. every state in our nation and millions groups. For many years, businesses were al- of our constituents. You do not have to For many purposes, the Tax Code lowed to deduct 100 percent of business be from a state with a large airport to treats affiliated groups as a single cor- meals and entertainment expenses. In understand that pollution associated poration. Therefore, the simple remedy 1987, this deduction was reduced to 80 with these facilities severely affects I am proposing today for the problem percent. The deduction was further re- the health and impacts the quality of created by the awkward language of duced in 1994 to 50 percent because of life of our constituents. section 355(b)(2)(A) is to apply the ac- the misconception that these meals While we must recognize that airport tive business test to an affiliated group were ‘‘three martini lunches.’’ expansion is an inevitable by-product as if it were a single entity. Contrary to this perception, studies of a vibrant economy, and that the Mr. President, I ask unanimous con- show that the primary beneficiary of government has a responsibility to fos- sent that the text of the bill be printed the business meal deduction is not the ter economic growth and jobs, we also wealthy business person. Studies indi- in the RECORD. have an equal responsibility to miti- There being no objection, the bill was cate that over two-thirds of the busi- gate the hazardous affects of pollution ness meal spenders have incomes of ordered to be printed in the RECORD, as and noise on our constituents. The follows: less than $60,000 and 37 percent have in- studies produced as a result of this leg- comes below $40,000. Low to moderately S. 773 islation will give us a better idea as to priced restaurants are the most pop- the magnitude of the pollution problem Be it enacted by the Senate and House of Rep- ular types for business meals, with the caused by airports, and will allow us to resentatives of the United States of America in average check equaling less than $20. Congress assembled, prepare a commensurate response. In addition, 50 percent of most business Again, I would like to thank my col- SECTION 1. MODIFICATION OF ACTIVE BUSINESS DEFINITION. meals occur in small towns and rural leagues who have demonstrated inter- (a) IN GENERAL.—Section 355(b)(2) of the In- areas. est in this issue and look forward to ternal Revenue Code of 1986 (defining active In 1995, just one year after the deduc- the passage of this important legisla- conduct of a trade or business) is amended by tion was reduced to 50 percent, the tion. April 13, 1999 CONGRESSIONAL RECORD — SENATE S3641 By Mr. FITZGERALD: SEC. 2. ELECTRONIC FILING AND RETRIEVAL. money that is rightfully theirs in the S. 777. A bill to require the Depart- (a) IN GENERAL.—Not later than 180 days first place. ment of Agriculture to establish an after the date of enactment of this Act, the The survivors of man’s greatest inhu- electronic filing and retrieval system Secretary of Agriculture shall establish an manity to man deserve justice. After electronic filing and retrieval system to en- to enable the public to file all required able the public to file all required paperwork escaping death at the hands of the paperwork electronically with the De- electronically with the Department of Agri- Nazis, they were again victimized by partment and to have access to public culture and to have access to public informa- European bankers and insurers. Those information on farm programs, quar- tion on farm programs, quarterly trade, eco- who endured the tortures of slave labor terly trade, economic, and production nomic, and production reports, and other have never been compensated for their reports, and other similar information; similar information. servitude to the Nazis. Now that they to the Committee on Agriculture, Nu- (b) PROGRESS REPORTS.—Not later than 90 have received some measure of justice, trition, and Forestry. days after the date of enactment of this Act, the Secretary shall report to Congress on the let us not make them wait any longer FREEDOM TO E-FILE ACT progress made toward implementing sub- for what is rightfully theirs. Mr. FITZGERALD. Mr. President, I section (a). Mr. President, I ask unanimous con- rise today to introduce legislation to sent that the text of the bill be printed streamline the process our farmers fol- By Mr. ABRAHAM (for himself, in the RECORD. low when filing paper work with the Mr. FITZGERALD, Mr. MOYNIHAN, There being no objection, the bill was Department of Agriculture (USDA). and Mr. SCHUMER): ordered to be printed in the RECORD, as Currently, when farmers are required S. 779. A bill to provide that no Fed- follows: to fill out USDA paper work, they are eral income tax shall be imposed on S. 779 required to travel to their local USDA amounts received by Holocaust victims Be it enacted by the Senate and House of Rep- county offices, complete the paper or their heirs; to the Committee on Fi- resentatives of the United States of America in work, wait in long lines and file these nance. Congress assembled, documents in paper form. This process HOLOCAUST ERA ASSETS TAX EXCLUSION ACT OF SECTION 1. NO FEDERAL INCOME TAX ON is very inefficient and time consuming. 1999 AMOUNTS RECEIVED BY HOLO- The bill that I introduce today sim- CAUST VICTIMS OR THEIR HEIRS. Mr. FITZGERALD. Mr. President, I (a) IN GENERAL.—For purposes of the Inter- ply requires USDA to develop a system rise today to introduce the Holocaust nal Revenue Code of 1986, gross income shall for farmers to access and file this paper Era Assets Tax Exclusion Act of 1999, not include any amount received by an indi- work over the internet. This legisla- along with my colleagues Senators vidual (or any heir of the individual)— tion entitled the ‘‘Freedom to E-file MOYNIHAN and SCHUMER. Mr. President, (1) from the Swiss Humanitarian Fund es- Act’’ simply makes good common survivors of the Holocaust who had as- tablished by the Government of Switzerland sense. As our society has become more sets withheld from them by Swiss or from any similar fund established by any technologically advanced so have our banks or others have finally received foreign country, or (2) as a result of the settlement of the ac- farmers. In fact, a 1998 Novartis survey justice in the form of a settlement be- found that over 72 percent of all farm- tion entitled ‘‘In re Holocaust Victims’ Asset tween the banks and the survivor’s at- Litigation’’, (E.D. NY), C.A. No. 96–4849, or as ers with 500 acres or more had personal torneys in August 1998. The settlement a result of any similar action. computers. Overall, over fifty percent was for $1.25 billion for survivors (b) EFFECTIVE DATE.—This section shall of all farmers surveyed had computers. worldwide. This settlement will finally apply to any amount received before, on, or Our agriculturalists use computers return the assets to survivors more after the date of the enactment of this Act. not only for financial management and than fifty years after they first en- Mr. ABRAHAM. Mr. President, I am market information but for sophisti- trusted them to the banks. pleased to join Senators FITZGERALD, cated precision agriculture manage- In addition to these recipients, there MOYNIHAN, and SCHUMER in introducing ment systems. These sophisticated are survivors who are needy and have this important legislation, which small business owners could easily file received one-time payments from the would prevent the federal government necessary farm program paperwork Swiss Humanitarian Fund established from taxing away any monies obtained from their homes and offices if only by the Swiss government. In both by Holocaust survivors or their fami- this option was available. cases, any payment from the Swiss lies in a settlement related to thefts by Farmers are often frustrated with banks or other similar sources like the Nazis or their sympathizers. the long lines at county USDA offices, this, should be excluded from taxation The horrors of the Nazi regime and especially during their most hectic because they are receiving back what its atrocities remain very much with times such as harvest season. Our na- was rightfully theirs to begin with. The us. Many people in America and around tion’s farmers are clearly overburdened sum total of payments coming to the the world, particularly Jews, must live by government-required paperwork. needy Holocaust survivors in the every day with memories of atrocities This bill is the first step in the right United States from this fund is $31.4 suffered or witnessed, either by them- direction toward regulatory reform for million. selves or by those they love, during the our U.S. food producers. Moreover, funds are being established Nazi terror. Ghettoes, death camps and This legislation is budget neutral and by banks and corporations in France, simple murder were the stuff of daily USDA would implement the bill using Austria, Italy, and Germany to com- life for millions of innocent people dur- existing funds. I want to recognize and pensate claimants for wrongfully held ing this terrible time of Nazi power. commend my colleague, Congressman bank deposits, insurance policies, slave Only recently has public attention RAY LAHOOD, for championing the com- labor, and other losses. been properly directed toward another panion to this bill in the House of Rep- Survivors who have sued banks, in- great crime of the Nazi regime and resentatives. This bill should enjoy bi- surance companies, and manufacturers those who cooperated with it: A 1998 partisan support. I urge my colleagues which profited from slave labor during study by the Institute of the World to join me in co-sponsoring this bill the Holocaust, did so because there was Jewish Congress estimates that be- important to our nation’s farmers. no other way for them to seek justice. tween $90 billion and $140 billion in to- Mr. President, I ask unanimous con- Deprived of their assets, or those of day’s dollars was stolen from the Jew- sent that the text of the bill be printed their families for over fifty years, sur- ish populations of countries occupied in the RECORD. by the Nazis. In addition to commit- There being no objection, the bill was vivors fought unsuccessfully until now to receive what belonged to them. ting outright theft and looting, the ordered to be printed in the RECORD, as With the average age of Holocaust Nazis seized liquid assets that could be follows: survivors at 80, there is little time for converted easily into cash, such as in- S. 777 debate over these payments which will surance policy proceeds and bank ac- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ease life for the survivors in their final counts. Documents discovered by Risk Congress assembled, years. To tax them for the long over- International Services, Inc., an insur- SECTION 1. SHORT TITLE. due receipt of assets would be wrong ance archaeology firm, show that the This Act may be cited as the ‘‘Freedom to and immoral. What these survivors will Nazis specifically targeted insurance E-File Act’’. receive from the various funds will be policies held by Jews as a source of S3642 CONGRESSIONAL RECORD — SENATE April 13, 1999 funding for their expansionist, totali- tional law governing telephone privacy The bill has been carefully drafted so tarian regime. so that telephone users have a uniform that it does not affect the rights of law Some insurance companies also spe- standard to rely on. enforcement officials to tape or mon- cifically (and illegally) targeted Jewish Currently, thirty-seven states re- itor conversations as they are carrying families. Knowing that Jewish policy quire only the consent of one party to out their duties. holders soon would be taken to con- record a phone call. Fifteen states re- Nor does it affect the practice of centration camps, these firms sold spe- quire the consent of all parties to be businesses taping customer calls, as cifically tailored policies, taking as taped. This jumbled collection of tele- long as the customer is notified at the much cash as possible up front, with no phone privacy laws leaves most con- outset that the call is being taped. It intention of honoring their obligations. sumers confused about their rights to also does not affect the right of people After the war, Holocaust survivors protect their phone calls from surrep- to surreptitiously tape threatening or attempted to collect on their policies, titious taping. harassing phone calls. access their bank accounts and/or re- Today, consumers who seek to block Mr. President, I ask unanimous con- claim assets that had been illegally surreptitious taping of their phone sent that the text of the bill be printed seized. Unfortunately, governments, calls face an incredible burden. The in the RECORD. banks and insurance companies failed problem is especially acute during There being no objection, the bill was to fulfill their duty to treat Holocaust interstate calls because the legality of ordered to be printed in the RECORD, as victims with justice and dignity. In- surreptitiously recording a phone call follows: stead, Mr. President, they refused to depends on the state where the call is S. 781 recorded. Thus, when a party makes an honor policies or return stolen assets. Be it enacted by the Senate and House of Rep- In this way they compounded crime interstate call, one’s rights may de- resentatives of the United States of America in with crime and denied people who al- pend on the laws governing taping in Congress assembled, ready had suffered more than most of other states. SECTION 1. SHORT TITLE. us could bear the rightful means by The recent well-publicized taping of This Act may be cited as the ‘‘Telephone which to rebuild their lives. Monica Lewinsky’s phone conversa- Privacy Act of 1999’’. Finally, after over 50 years of injus- tions by Linda Tripp illustrates this SEC. 2. REVISION OF CONSENT EXCEPTION TO tice, Holocaust survivors and their problem. Maryland, where Linda Tripp PROHIBITION ON INTERCEPTION OF ORAL, WIRE, OR ELECTRONIC COM- families are reclaiming what is right- recorded the conversations, is a state that requires the consent of all parties. MUNICATIONS APPLICABLE TO fully theirs. But, even as we support TELEPHONE COMMUNICATIONS. these efforts to reclaim stolen prop- However, Washington D.C., where Paragraph (d) of section 2511(2) of title 18, erty, I believe we must do our part in Monica Lewinsky lived at the time, re- United States Code, is amended by striking protecting the proceeds. Under current quires only one-party consent. Two ‘‘unless such communication’’ and all that law, any money received by Holocaust people living within a half-hours drive follows and inserting ‘‘unless— survivors in their settlements with from each other should have the same ‘‘(i) such communication is intercepted for laws apply to them. the purpose of committing any criminal or banks and other organizations that In practice, any person who wants to tortious act in violation of the Constutition once cooperated with the Nazis would protect herself against surreptitious or laws of the United States or of any State; be treated as gross income for federal recording must know the telephone pri- or tax purposes. vacy laws of other states. Our laws ‘‘(ii) in the case of a telephone communica- Mr. President, I firmly believe that tion, any other party to such communication cannot reasonably expect a consumer victims of the Holocaust have suffered has not given prior consent to such intercep- to have this knowledge. People who far too much for any such taxation to tion.’’. make lots of interstate calls might be be just. These settlements represent forced into the position of knowing the By Mrs. FEINSTEIN: but a fraction of what is owed to those telephone privacy laws of all 50 states. S. 782. A bill to amend title 18, who suffered under Nazi tyranny. To Not only will the Telephone Privacy United States Code, to modify the ex- treat them as income subject to tax- Act of 1999 promote uniformity of laws, ception to the prohibition on the inter- ation would be wrong. it will also create a standard that bet- ception of wire, oral, or electronic This is why this legislation is so im- ter protects privacy. The Telephone communications to require a health in- portant. It will prevent the federal gov- Privacy Act would require an all-party surance issuer, health plan, or health ernment from taxing away any monies consent standard for taping phone calls care provider obtain an enrollee’s or obtained by Holocaust survivors or no matter where one lived in the patient’s consent to their interception, their families in a settlement related United States. It would end the prac- and for other purposes; to the Com- to thefts by the Nazis or their sympa- tice of one-party consent that exists mittee on the Judiciary. thizers. It will prevent yet another in- under Federal law and in a number of f justice from being done to those who states. survived the brutal Nazi regime. It will While surreptitious taping has legiti- PATIENTS’ TELEPHONE PRIVACY ACT also keep our nation firmly on the side mate uses, such as lawful surveillance Mrs. FEINSTEIN. Mr. President, of justice. by the police, our laws should not re- today I introduce a bill to protect the ward the practice of surreptitious tap- medical privacy rights of patients By Mrs. FEINSTEIN: ing. This practice violates individual when they talk to their health care in- S. 781. A bill to amend section 2511 of privacy and offends common decency. surers or providers. The bill requires title 18, United States Code, to revise Phone calls remain one of the few health care insurers and providers to the consent exception to the prohibi- avenues of communication where peo- obtain patients’ ‘‘express consent’’ be- tion on the interception of oral, wire, ple still feel safe enough to have inti- fore tape-recording or monitoring con- or electronic communications that is mate conversations. We should protect versations. applicable to telephone communica- this expectation of privacy. If a tele- Today, the health insurance industry tions; to the Committee on the Judici- phone user intends to tape a phone routinely tape-records and monitors in- ary. call, the other party on the line ought coming telephone calls of patients with TELEPHONE PRIVACY ACT OF 1999 to be informed. questions about their health insurance Mrs. FEINSTEIN. Mr. President, I Moreover, the one-party consent coverage. This bill halts that common am pleased to introduce today the standard is an anachronism. It is in- practice with two simple rules. ‘‘Telephone Privacy Act of 1999.’’ This consistent with other more privacy-re- First, health insurance companies legislation would prohibit the record- specting provisions of our communica- and health care providers must obtain ing of a telephone call unless all the tion laws. Federal law makes it a fel- the patient’s ‘‘express consent’’ before parties on the call have given their ony, for example, for a third party to tape-recording or monitoring a con- consent. tap or record a telephone conversation versation. Second, health insurance I am introducing this bill because our between others. It is also a felony to companies and health care providers nation’s telephone privacy laws are surreptitiously tape a cellular tele- must give patients the option not to be confused and in conflict. We need a na- phone call. tape-recorded or monitored. April 13, 1999 CONGRESSIONAL RECORD — SENATE S3643 The bill puts control of medical pri- advance; or tape-record all or randomly tape-record telephone conversations. vacy back where it belongs—in the selected calls, in which case it may, or How many of us realize that when we hands of patients who have no choice may not, notify patients in advance. call for airline tickets, bank account but to share personal information with United HealthCare wrote to me that information, mutual fund transfers, or their health insurance and health care they did not believe that tape-record- any myriad of other daily concerns, the providers. ing or monitoring calls even presents a other party on the telephone line will The bill protects all patients— privacy issue. Their rationale was that be tape-recording the conversation? Whether covered by private or public they only randomly tape-record calls Yet, personal health information is far health plans, and only after advising the caller that more personal in nature and, accord- Whether covered by group, indi- they may record the call. ingly, entitled to greater protection. It vidual, or self-insured health plans, Great-West responded that a patient stands alone as uniquely different from Whether covered by Medicare or Med- has the option of communicating in other commercial transactions. icaid, writing if the patient does not want a This bill does not attempt to change Whether covered by Federal health telephone call to be tape-recorded. Let the consent rule for other business en- plans, or me say simply—that is not good tities. It would apply only to health in- Whether covered by the Children’s enough for me. Imagine the undue bur- surance and health care providers. Health Insurance Plan. den the task of writing a letter may Most patients today have almost no Let me emphasize again who would place on elderly or seriously ill pa- choice about their health insurer pro- be subject to the bill—the health insur- tients. vider or, increasingly, about their ance and health care industry—a huge Despite the two-party consent rule in health care provider. In turn, the industry that necessarily affects all of California, New York Life Care Health health insurer may give the patient no us. First, the bill would cover commu- Plans, Inc., asserted that no violation option except to submit to tape-record- nications between patients and health of California law occurs without a ing the conversation. An elderly, or se- insurers. Second, the bill would cover ‘‘confidential communication.’’ Under riously ill patient, is simply not going communications between patients and California state law, the definition of a to object. ‘‘health care providers,’’ which in- ‘‘confidential communication’’ does Admittedly, much disclosure of med- cludes physicians and other health care not include communications where the ical information occurs both with pa- professionals. parties may expect that the may be re- tient consent and for valid medical rea- Federal law now requires that only corded. New York Life asserted that, sons. For instance, insurance compa- one party must consent to the tape-re- since they told patients that their calls nies receive information from physi- cording or monitoring of a telephone could be monitored, their calls were cians based upon a written consent conversation. In California, state law not confidential calls. form signed by the patient at the phy- provides that all parties must consent New York Life’s display of legal sician’s request. Yet, increasingly, before a telephone conversation may be bootstrapping shows little, if any, re- threats to medical health privacy have tape-recorded. Nearly a dozen other gard for medical privacy rights. Their become less visible and, in that sense, states have adopted similar two-party interpretation of the word ‘‘confiden- more alarming. Many individuals are consent laws. They include Delaware, tial’’ turns its commonly understood left with a false sense of privacy. The Florida, Illinois, Kansas, Maryland, meaning on its head! In the minds of potential for misuse of personal health Massachusetts, Michigan, Montana, most people, what could be more con- information is real and growing. New Hampshire, Pennsylvania, and fidential than matters about one’s per- A fundamental right to medical pri- Washington. sonal health problems? Surely little, if vacy is embedded in American society. Even two-party consent laws, how- anything. How many of my colleagues Most Americans presume that tele- ever, do not adequately address this in the Senate would say that commu- phone conversations about their health problem. Health insurance companies nications about their health problems problems are confidential. Sadly, they tape-record or monitor patients’ calls with health insurance or health care are wrong. Conversations with our health insur- based on the patient’s implied consent. providers are not confidential? Blue Cross Blue Shield of the Na- ance and health care providers often Implied consent arises from the patient tional Capital Area does not give pa- contain deeply personal information, talking after hearing the health insur- tients any notice that their calls may including prescription drugs, psy- er’s recording that the call may be be monitored. Their Associate General chiatric care, alcohol dependency—the tape-recorded or monitored. In this Counsel responded that, in both Mary- list goes on and on. Surely they de- case, courts have held that consent is land and the District of Columbia, tele- serve protection. Traditionally, Ameri- given implicitly. phone communications in the normal cans have relied upon a confidential re- Consequently, merely changing fed- course of business do not meet the defi- lationship with their doctors. eral law to a two-party consent rule nition of an ‘‘interception.’’ Thus, con- Let’s restore at least some measure would not solve the problem. The key sent is not required. Although Virginia of protection to telephone conversa- requirement must be that the health law considers a telephone to be an tions about our personal health prob- insurer or health care provider obtains ‘‘intercepting device,’’ Virginia follows lems. This bill allows health insurance the patient’s express consent. Only this the one-party consent rule. and health care providers to continue change will protect individuals when Finger Lakes Blue Cross Blue Shield their routine practice of tape-recording they call their health insurance pro- randomly tape-records calls from pa- or monitoring patients’ calls—but only vider with questions about their health tients and only now is setting up a with the patient’s express consent. care coverage. When my office con- front-end recording to inform patients Mr. President, I ask unanimous con- tacted the top 100 health insurance pro- of that practice. New York requires sent that the text of the bill be printed viders in this country, we learned from only one party to consent. in the RECORD. nearly all who responded that they None of the health insurance pro- There being no objection, the bill was routinely monitor or tape-record calls viders who responded to my office gave ordered to be printed in the RECORD, as received from patients. me a valid reason for tape-recording or follows; Let me share with my colleagues monitoring patients’ calls. The stand- S. 182 some responses that we received. Kai- ard response from health insurers was Be it enacted by the Senate and House of Rep- ser Permanente operates in nineteen that they tape-record or monitor pa- resentatives of the United States of America in states and the District of Columbia, tients’ calls for so-called ‘‘quality con- Congress assembled, and provides care to more than nine trol,’’ an ambiguous term at best. In- SECTION 1. SHORT TITLE. million members. Their practice varies deed, no one explained what that term This Act may be cited as the ‘‘Patients’ from state to state, depending on appli- means, how tape-recording calls bene- Telephone Privacy Act of 1999’’. cable state laws. SEC. 2. MODIFICATION OF EXCEPTION TO PROHI- fits patients, or why tape-recording BITION ON INTERCEPTION OF COM- Kaiser Permanente may: Monitor calls was necessary. MUNICATIONS. randomly selected calls, in which case Of course, health insurance providers (a) MODIFICATION.—Section 2511(2)(d) of it may, or may not, notify patients in are not the only business entities that title 18, United States Code, is amended— S3644 CONGRESSIONAL RECORD — SENATE April 13, 1999 (1) by striking ‘‘It shall not be unlawful’’ tate the donation of Federal surplus armor can shoot at the police and civil- and inserting ‘‘(i) Subject to clause (ii), it body armor to State and local law en- ians with less fear than individuals not shall not be unlawful’’; and forcement agencies; to the Committee so well protected. (2) by adding at the end the following: ‘‘(ii)(I) With respect to a wire, oral, or elec- on the Judiciary. In the North Hollywood shoot-out, tronic communication between a health in- JAMES GUELFF BODY ARMOR ACT OF 1999 for example, the gunmen were able to surance issuer or health plan and an enrollee Mrs. FEINSTEIN. Mr. President, I hold dozens of officers at bay because of such health insurance issuer or health am pleased today to introduce the of their body armor. This provision will plan, or between a health care provider and James Guelff Body Armor Act of 1999. deter the criminal use of body armor, a patient, it shall not be unlawful under this Currently, Federal law does not limit and thus deter the escalation of vio- chapter for a health insurance issuer, health lence in our communities plan, or health care provider to intercept access to body armor for individuals such communication only if the patient has with even the grimmest history of Making it unlawful for violent felons given prior express consent to such intercep- criminal violence. However, it is un- to wear body armor: This bill makes it tion. questionable that criminals with vio- a crime for individuals with a violent ‘‘(II) In this paragraph— lent intentions are more dangerous criminal record to wear body armor. It ‘‘(A) the term ‘health insurance issuer’ has when they are wearing body armor. is unconscionable that criminals can the meaning given that term in section 733 of obtain and wear body armor without the Employee Retirement Income Security Many will recall the violent and hor- Act of 1974 (29 U.S.C. 1191b); rific shootout in North Hollywood, restriction when so many of our police ‘‘(B) the term ‘health plan’ means a group California, just two years ago. In that lack comparable protection. health plan, as defined in section 733 of the incident, two suspects wearing body The bill recognizes that there may be Employee Retirement Income Security Act armor and armed to the teeth, terror- exceptional circumstances where an in- of 1974 (29 U.S.C. 1191b), an individual or self- ized a community. Police officers on dividual with a brutal history legiti- insured health plan, the medicare program the scene had to borrow rifles from a mately needs body armor to protect under title XVIII of the Social Security Act nearby gunshop to counteract the fire- himself or herself. Therefore, it pro- (42 U.S.C. 1395 et seq.), the medicaid program vides a mechanism for violent felons to under title XIX of such Act (42 U.S.C. 1396 et power and protective equipment of seq.), the State children’s health insurance these suspects. obtain specific permission from the program under title XXI of such Act (42 Another tragic incident involves San Secretary of the Treasury to wear body U.S.C. 1397aa et seq.), the Civilian Health Francisco Police Officer James Guelff, armor. and Medical Program of the Uniformed Serv- for whom this act is named. On Novem- This provision has already been codi- ices under chapter 55 of title 10, and a health ber 13, Officer Guelff responded to a fied into law in California. Several plan offered under chapter 89 of title 5; and distress call. Upon reaching the crime other states are also actively consid- ‘‘(C) the term ‘health care provider’ means scene, he was fired upon by a heavily ering legislation to restrict violent fel- a physician or other health care profes- ons access to body armor. sional.’’. armed suspect who was shielded by a (b) RECORDING AND MONITORING OF COMMU- kevlar vest and bulletproof helmet. Of- California police applied the law for NICATIONS WITH HEALTH INSURERS.— ficer Guelff died in the ensuing gun- the first time earlier this year. Police (1) COMMUNICATION WITHOUT RECORDING OR fight. arrested an individual for wearing body MONITORING.—Notwithstanding any other Lee Guelff, James Gueff’s brother, re- armor who had a violent criminal provision of law, a health insurance issuer, cently wrote a letter to me about the record. Besides a conviction for second- health plan, or health care provider that no- degree assault in 1993, the suspect is tifies any customer of its intent to record or need to revise the laws relating to body armor. He wrote: independently facing charges for monitor any communication with such cus- threatening to kill his ex-girlfriend. He tomer shall provide the customer the option It’s bad enough when officers have to face to conduct the communication without being gunmen in possession of superior firepower also is facing trial for issuing death recorded or monitored by the health insur- . . . But to have to confront suspects shield- threats against security guards at a ance issuer, health plan, or health care pro- ed by equal or better defensive protection as West Hollywood Nightclub. vider. well goes beyond the bounds of acceptable Direct donation of body armor: The (2) DEFINITIONS.—In this subsection: risk for officers and citizens alike. No officer James Guelff Body Armor Act of 1999 (A) HEALTH CARE PROVIDER.—The term should have to face the same set of deadly speeds up the procedures by which Fed- ‘‘health care provider’’ means a physician or circumstances again. eral agencies can donate surplus body other health care professional. I couldn’t agree with Lee more. Our armor to local police. (B) HEALTH INSURANCE ISSUER.—The term laws need to recognize that body armor ‘‘health insurance issuer’’ has the meaning It is disturbing that so many of our given that term in section 733 of the Em- in the possession of a criminal is an of- local police officers do not have access ployee Retirement Income Security Act of fensive weapon. We need to make sure to bullet-proof vests. The United 1974 (29 U.S.C. 1191b). that our police officers on the streets States Department of Justice esti- (C) HEALTH PLAN.—The term ‘‘health plan’’ are adequately supplied with body mates that 25% of State, local, and means— armor, and that hardened-criminals are tribal law enforcement officers, ap- (i) a group health plan, as defined in sec- deterred from using body armor. proximately 150,000 officers, are not tion 733 of the Employee Retirement Income The James Guelff Body Armor Act of issued body armor. Security Act of 1974 (29 U.S.C. 1191b); 1999 has three key provisions to Getting our officers more body armor (ii) an individual or self-insured health plan; achieve these goals. First, it increases will save lives. According to the Fed- (iii) the medicare program under title the penalties criminals receive if they eral Bureau of Investigation, greater XVIII of the Social Security Act (42 U.S.C. commit a crime wearing body armor. than 30% of the 1,182 officers killed by 1395 et seq.); Specifically, a violation will lead to an guns in the line of duty since 1980 could (iv) the medicaid program under title XIX increase of two levels under the Fed- have been saved by body armor, and of such Act (42 U.S.C. 1396 et seq.); eral sentencing guidelines. Second, it the risk of dying from gunfire is 14 (v) the State children’s health insurance makes it unlawful for violent felons to times higher for an officer without a program under title XXI of such Act (42 purchase, use, or possess body armor. bulletproof vest. U.S.C. 1397aa et seq.); (vi) the Civilian Health and Medical Pro- Third, this bill enables Federal law en- Last year, Congress made some in- gram of the Uniformed Services under chap- forcement agencies to directly donate roads into this shortage of body armor ter 55 of title 10, United States Code; and surplus body armor to local police. by enacting the ‘‘Bulletproof Vest (vii) a health plan offered under chapter 89 I will address each of these three pro- Partnership Grant Act of 1998.’’ This of title 5, United States Code. visions. act established a $25 million annual (c) EFFECTIVE DATE.—The amendments Enhancing criminal penalties for in- fund to help local and State police pur- made by this Act shall take effect on the dividuals who wear body armor during chase body armor. The James Guelff date that is 60 days after the date of enact- ment of this Act. the commission of a crime: Criminals Body Armor Act of 1999 will provide a who wear body armor during the com- further boost to the body armor re- By Mrs. FEINSTEIN (for herself, mission of a crime should face en- sources of local and State police de- and Mr. SESSIONS): hanced penalties because they pose an partments. S. 783. A bill to limit access to body enhanced threat to police and civilians This legislation has attracted the armor by violent felons and to facili- alike. Assailants shielded by body support of a broad cross-section of the April 13, 1999 CONGRESSIONAL RECORD — SENATE S3645 law enforcement community. The Fra- fire is 14 times higher for an officer without within the special maritime and territorial ternal Order of Police, the National As- a bulletproof vest; jurisdiction of the United States. sociation of Police Organizations, the (6) the Department of Justice has esti- ‘‘(b) EXCEPTION.— National Sheriffs’ Association, the Na- mated that 25 percent of State and local po- ‘‘(1) APPLICATION.—A person who is subject lice are not issued body armor; to the prohibition of subsection (a) whose tional Troopers Coalition, the Inter- (7) the Federal Government is well- national Association of Police Chiefs, employment, livelihood, or safety is depend- equipped to grant local police departments ent on the ability to possess and use body the Federal Law Enforcement Officers access to body armor that is no longer need- armor, may file a petition with the Sec- Association (FLEOA), the Police Exec- ed by Federal agencies; and retary for an exception to the prohibition of utive Research Forum, the Inter- (8) Congress has the power, under the subsection (a). national Brother of Police Officers, and interstate commerce clause and other provi- ‘‘(2) ACTION BY SECRETARY.—Upon receipt the National Association of Black Law sions of the Constitution of the United of a petition under paragraph (1), the Sec- Enforcement Executives, have all en- States, to enact legislation to regulate inter- retary may reduce or eliminate the prohibi- state commerce that affects the integrity tion of subsection (a), impose conditions on dorsed the legislation. and safety of our communities. Richard J. Gallo, President of the reduction or elimination of the prohibition, SEC. 3. DEFINITIONS. or otherwise grant relief from the prohibi- Federal Law Enforcement Officers As- In this Act: tion, as the Secretary determines to be ap- sociation notes: (1) BODY ARMOR.—The term ‘‘body armor’’ propriate, based on a determination that the In the past, FLEOA members have con- means any product sold or offered for sale, in petitioner— fronted individuals, with prior criminal con- interstate or foreign commerce, as personal ‘‘(A) is likely to use body armor in a safe victions, wearing body armor and violently protective body covering intended to protect and lawful manner; and resisting arrest. Federal, state and local law against gunfire, regardless of whether the ‘‘(B) has a reasonable need for such protec- enforcement officers, and the public, deserve product is to be worn alone or is sold as a tion under the circumstances. protection from this, and at the very least, complement to another product or garment. ‘‘(3) FACTORS FOR CONSIDERATION.—In mak- will now know theses felons will receive en- (2) LAW ENFORCEMENT AGENCY.—The term ing a determination under paragraph (2) with hanced sentences for using body armor dur- ‘‘law enforcement agency’’ means an agency respect to a petitioner, the Secretary shall ing the commission of a criminal act. of the United States, a State, or a political consider— Robert Stewart, Executive Director subdivision of a State, authorized by law or ‘‘(A) any continued employment of the pe- by a government agency to engage in or su- titioner; of the National Organization of Black pervise the prevention, detection, investiga- Law Enforcement Executives, writes: ‘‘(B) the interests of justice; tion, or prosecution of any violation of ‘‘(C) any relevant evidence; and There is a societal obligation to assure the criminal law. ‘‘(D) the totality of the circumstances. men and women in blue are afforded all the (3) LAW ENFORCEMENT OFFICER.—The term ‘‘(4) CERTIFIED COPY OF PERMISSION.—The protection they need to maintain public ‘‘law enforcement officer’’ means any officer, Secretary shall require, as a condition of order. Very real fiscal constraints can, how- agent, or employee of the United States, a granting any exception to a petitioner under ever, compromise the ability of local govern- State, or a political subdivision of a State, this subsection, that the petitioner agree to ments to accomplish that critical goal. authorized by law or by a government agen- maintain on his or her person a certified Hence, NOBLE heartily endorses the James cy to engage in or supervise the prevention, copy of the Secretary’s permission to possess Guelff Body Armor Act of 1999. detection, investigation, or prosecution of and use body armor, including any condi- I look forward to working with my any violation of criminal law. tions or limitations. fellow Senators from both sides of the SEC. 4. AMENDMENT OF SENTENCING GUIDE- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in LINES WITH RESPECT TO BODY aisle in turning this bill into law. this subsection may be construed to— ARMOR. ‘‘(A) require the Secretary to grant relief Mr. President, I ask unanimous con- (a) SENTENCING ENHANCEMENT.—The United to any particular petitioner; or States Sentencing Commission shall amend sent that the text of the bill be printed ‘‘(B) imply that any relief granted by the the Federal sentencing guidelines to provide in the RECORD. Secretary under this subsection relieves any an appropriate sentencing enhancement, in- There being no objection, the bill was other person from any liability that may creasing the offense level not less than 2 lev- ordered to be printed in the RECORD, as els, for any offense in which the defendant otherwise be imposed. follows: used body armor. ‘‘(c) IMMUNITY FROM LIABILITY.— S. 783 (b) APPLICABILITY.—No amendment made ‘‘(1) IN GENERAL.—An officer or employee of Be it enacted by the Senate and House of Rep- to the Federal Sentencing Guidelines pursu- a law enforcement agency who enforces the resentatives of the United States of America in ant to this section shall apply if the Federal prohibition specified in subsection (a) Congress assembled, offense in which the body armor is used con- against a person who has been granted relief stitutes a violation of, attempted violation SECTION 1. SHORT TITLE. pursuant to subsection (b), shall be immune of, or conspiracy to violate the civil rights of from any liability for false arrest arising This Act may be cited as the ‘‘James any person by a law enforcement officer act- from the enforcement of this section unless Guelff Body Armor Act of 1999’’. ing under color of the authority of such law the person has in his or her possession a cer- SEC. 2. FINDINGS. enforcement officer. tified copy of the permission granting the Congress finds that— SEC. 5. PROHIBITION OF PURCHASE, USE, OR person relief from the prohibition, as re- (1) nationally, police officers and ordinary POSSESSION OF BODY ARMOR BY quired by subsection (b)(4). VIOLENT FELONS. citizens are facing increased danger as crimi- ‘‘(2) RULE OF CONSTRUCTION.—The immu- nals use more deadly weaponry, body armor, (a) DEFINITION OF BODY ARMOR.—Section nity from liability described in paragraph (1) and other sophisticated assault gear; 921 of title 18, United States Code, is amend- shall not relieve any person or entity from (2) crime at the local level is exacerbated ed by adding at the end the following: any other liability that may otherwise be by the interstate movement of body armor ‘‘(35) The term ‘body armor’ means any imposed.’’. product sold or offered for sale, in interstate and other assault gear; (2) CLERICAL AMENDMENT.—The analysis for (3) there is a traffic in body armor moving or foreign commerce, as personal protective chapter 44 of title 18, United States Code, is in or otherwise affecting interstate com- body covering intended to protect against amended by adding at the end the following: merce, and existing Federal controls over gunfire, regardless of whether the product is such traffic do not adequately enable the to be worn alone or is sold as a complement ‘‘931. Prohibition on purchase, ownership, or States to control this traffic within their to another product or garment.’’. possession of body armor by own borders through the exercise of their po- (b) PROHIBITION.— violent felons.’’. lice power; (1) IN GENERAL.—Chapter 44 of title 18, (c) PENALTIES.—Section 924(a) of title 18, (4) recent incidents, such as the murder of United States Code, is amended by adding at United States Code, is amended by adding at San Francisco Police Officer James Guelff by the end the following: the end the following: ‘‘§ 931. Prohibition on purchase, ownership, an assailant wearing 2 layers of body armor ‘‘(7) Whoever knowingly violates section or possession of body armor by violent fel- and a 1997 bank shoot out in north Holly- 931 shall be fined under this title, imprisoned ons wood, California, between police and 2 heav- not more than 3 years, or both.’’. ily armed suspects outfitted in body armor, ‘‘(a) IN GENERAL.—Except as provided in demonstrate the serious threat to commu- subsection (b), it shall be unlawful for a per- SEC. 6. DONATION OF FEDERAL SURPLUS BODY nity safety posed by criminals who wear son to purchase, own, or possess body armor, ARMOR TO STATE AND LOCAL LAW body armor during the commission of a vio- if that person has been convicted of a felony ENFORCEMENT AGENCIES. lent crime; that is— (a) DEFINITIONS.—In this section, the terms (5) of the approximately 1,200 officers ‘‘(1) a crime of violence (as defined in sec- ‘‘Federal agency’’ and ‘‘surplus property’’ killed in the line of duty since 1980, more tion 16); or have the meanings given such terms under than 30 percent could have been saved by ‘‘(2) an offense under State law that would section 3 of the Federal Property and Admin- body armor, and the risk of dying from gun- constitute a crime of violence if it occurred istrative Services Act of 1949 (40 U.S.C. 472). S3646 CONGRESSIONAL RECORD — SENATE April 13, 1999 (b) DONATION OF BODY ARMOR.—Notwith- Medicare beneficiaries make up half of trial sponsors, including pharma- standing section 203 of the Federal Property all cancer diagnoses and 60% of all can- ceutical companies. and Administrative Services Act of 1949 (40 cer deaths. Yet, Medicare’s policy to- The ‘‘Medicare Cancer Clinical Trials U.S.C. 484), the head of a Federal agency may ward covering quality cancer care is donate body armor directly to any State or Coverage Act’’ is a modest proposal, local law enforcement agency, if such body ambiguous and its enforcement prac- but it has the potential to become a armor is— tices are unpredictable. new weapon in the fight against can- (1) in serviceable condition; and Our legislation represents a signifi- cer. But we must act now. We have (2) surplus property. cant step forward in the fight to pre- fought for this proposal in previous ses- (c) NOTICE TO ADMINISTRATOR.—The head of vent, detect and treat cancer quickly sions of Congress, and I believe the mo- a Federal agency who donates body armor and effectively. It is based on a very mentum is building to get the legisla- under this section shall submit to the Ad- simple premise: given the dispropor- ministrator of General Services a written no- tion passed this year. I look forward to tice identifying the amount of body armor tionate impact that cancer has on working with Senator MACK and others donated and each State or local law enforce- older Americans, Medicare should be to take an important step forward for ment agency that received the body armor. responsible for the routine patient care cancer patients. (d) DONATION BY CERTAIN OFFICERS.— costs associated with approved clinical Mr. President, I ask unanimous con- (1) DEPARTMENT OF JUSTICE.—In the admin- trials. istration of this section with respect to the Cancer clinical trials often represent sent that the bill be printed in the Department of Justice, in addition to any a cancer patient’s best hope for sur- RECORD. other officer of the Department of Justice vival, especially when their cancer There being no objection, the bill was designated by the Attorney General, the fol- fails to respond to traditional thera- ordered to be printed in the RECORD, as lowing officers may act as the head of a Fed- follows: eral agency: pies. Yet, under current law, Medicare (A) The Administrator of the Drug En- beneficiaries can be denied coverage for S. 784 forcement Administration. the routine patient care costs associ- Be it enacted by the Senate and House of Rep- (B) The Director of the Federal Bureau of ated with clinical trials. However, if resentatives of the United States of America in Investigation. the same care is provided outside of a Congress assembled, (C) The Commissioner of the Immigration clinical trial setting, it is covered by SECTION 1. SHORT TITLE. and Naturalization Service. Medicare. (D) The Director of the United States Mar- It is a tragedy that the costs of par- This Act may be cited as the ‘‘Medicare shals Service. ticipating in a clinical trial are dis- Cancer Clinical Trial Coverage Act of 1999’’. (2) DEPARTMENT OF THE TREASURY.—In the couraging patients from using what SEC. 2. MEDICARE CANCER PATIENT DEM- administration of this section with respect ONSTRATION PROJECT. to the Department of the Treasury, in addi- might be their best weapon in a battle (a) ESTABLISHMENT.—Not later than Janu- tion to any other officer of the Department with cancer. Medicare beneficiaries who are cancer patients are left with ary 1, 2000, the Secretary of Health and of the Treasury designated by the Secretary Human Services (in this Act referred to as of the Treasury, the following officers may only two choices: pay the costs out of the ‘‘Secretary’’) shall establish a dem- act as the head of a Federal agency: their own pocket, or forgo treatment onstration project that provides for payment (A) The Director of the Bureau of Alcohol, all together. It is unfair, and uncon- under the medicare program under title Tobacco, and Firearms. scionable, that we force cancer patient XVIII of the Social Security Act (42 U.S.C. (B) The Commissioner of Customs. to make this decision. 1395 et seq.) of routine patient care costs— (C) The Director of the United States Se- There are other compelling reasons (1) that are provided to an individual diag- cret Service. to cover these costs. By paying for nosed with cancer and enrolled in the medi- By Mr. ROCKEFELLER (for him- these routine costs, we provide incen- care program under such title as part of the tives for researchers to include more individual’s participation in an approved self, Mr. MACK, Mr. FRIST, Mrs. clinical trial program; and FEINSTEIN, Ms. MIKULSKI, Mr. Medicare beneficiaries in cancer clin- (2) that are not otherwise eligible for pay- SARBANES, Mr. CONRAD, Mr. ical trials. Researchers know that pa- ment under such title for individuals who are JOHNSON, Mr. WELLSTONE, Mr. tients who are at different stages phys- entitled to benefits under such title. SMITH of Oregon, Ms. COLLINS, ically, mentally, and emotionally will (b) APPLICATION.—The beneficiary cost- Mr. JEFFORDS, Mr. MOYNIHAN, react very differently to treatments— sharing provisions under the medicare pro- Mr. BINGAMAN, Mr. INOUYE, Mr. even if they are fighting the same can- gram, such as deductibles, coinsurance, and CRAIG, Mr. GRAHAM, Mr. KERRY, cer. But what they don’t know is how copayment amounts, shall apply to any indi- vidual participating in a demonstration Mr. HARKIN, and Mr. LEAHY): age and health interact with the safety S. 784 A bill to establish a demonstra- and effectiveness of new drugs and project conducted under this Act. tion project to study and provide cov- treatments. Our bill helps them find (c) APPROVED CLINICAL TRIAL PROGRAM.— For purposes of this Act, the term ‘‘approved erage of routine patient care costs for the answers to those critical questions. Our bill saves money in the long-run clinical trial program’’ means a clinical trial medicare beneficiaries with cancer who program that is approved by— are enrolled in an approved clinical by ensuring the Medicare program pays (1) the National Institutes of Health; trial program; to the Committee on Fi- for treatments that work. Clinical (2) a National Institutes of Health coopera- nance. studies can determine which interven- tive group or a National Institutes of Health MEDICARE CANCER CLINICAL TRIALS COVERAGE tions work the best, and when they are center; ACT the most effective. (3) the Food and Drug Administration (in Mr. ROCKEFELLER. Mr. President, I Finally, in establishing a demonstra- the form of an investigational new drug or am pleased to be introducing the tion project, this bill will also provide device exemption); ‘‘Medicare Cancer Clinical Trials Cov- valuable information about the costs (4) the Department of Veterans Affairs; (5) the Department of Defense; or erage Act of 1999’’ with my colleague and benefits of providing coverage for clinical trials for other life-threatening (6) a qualified nongovernmental research from Florida, Senator MACK. This leg- entity identified in the guidelines issued by islation would establish a demonstra- diseases. We started with cancer first the National Institutes of Health for center tion project to assure Medicare bene- because cancer is a major affliction of support grants. ficiaries with cancer that Medicare will Medicare beneficiaries. In addition (d) ROUTINE PATIENT CARE COSTS.— cover their routine patient costs when there is a well-established national (1) IN GENERAL.—For purposes of this Act, part of a clinical trial. clinical cancer trial system to deliver ‘‘routine patient care costs’’ shall include I would like to thank Senator MACK this patient care. the costs associated with the provision of for his leadership and dedication on Mr. President, our legislation does items and services that— this issue. It has been a pleasure to not create a new benefit. It merely en- (A) would otherwise be covered under the work with Senator MACK, a tireless sures that patients enrolled in clinical medicare program if such items and services champion for cancer patients through- studies receive Medicare coverage for were not provided in connection with an ap- the same type of routine patient care proved clinical trial program; and out his years of service in the Senate. (B) are furnished according to the design of With 1,500 deaths due to cancer each costs, such as hospital and physician an approved clinical trial program. day and 1.3 million new cancer diag- fees, that would be covered outside of a (2) EXCLUSION.—For purposes of this Act, noses this year, there is a clear and ur- trial setting. We are not asking Medi- ‘‘routine patient care costs’’ shall not in- gent need for this legislation. Our sen- care to pay for the cost of research. clude the costs associated with the provision ior population is especially at risk— These expenses will still be covered by of— April 13, 1999 CONGRESSIONAL RECORD — SENATE S3647 (A) an investigational drug or device, un- coverage of routine care costs in clin- trials for patients with any life-threat- less the Secretary has authorized the manu- ical trials a permanent part of the ening or serious illness. Several mem- facturer of such drug or device to charge for Medicare program. bers of our committee, including my- such drug or device; or We have spent many years debating self, expressed concern that before (B) any item or service supplied without this bill and urging the Administration mandating such broad requirements on charge by the sponsor of the approved clin- ical trial program. to begin this demonstration project. As the private sector, we should first de- SEC. 3. STUDY, REPORT, AND TERMINATION. a research investigator involved in termine what costs would be incurred. (a) STUDY.—The Secretary shall study the clinical trials, as a thoracic cancer sur- In a time of rising health care costs, we impact on the medicare program under title geon, and as co-director of the Tho- must be cautious in our efforts to pro- XVIII of the Social Security Act of covering racic Oncology Clinic at Vanderbilt vide patient protections that do not routine patient care costs for individuals University Medical Center, I know drive up costs further or we will not be with a diagnosis of cancer and other diag- first-hand the critical importance of serving patients well. noses, who are entitled to benefits under clinical trials in determining the very Therefore, I offered an amendment to such title and who are enrolled in an ap- best therapies in our battles against have a comprehensive study conducted proved clinical trial program. by the Institute of Medicine to assess (b) REPORT TO CONGRESS.—Not later than cancer. Only through participation in January 1, 2004, the Secretary shall submit a clinical trials can we advance quality patient access to clinical trials and the report to Congress that contains a statement care for patients with cancer. coverage of routine patient care costs regarding— Since I have come to the United by private health plans and insurers. (1) any incremental cost to the medicare States Senate, I have urged my col- Our efforts should not end there. That program under title XVIII of the Social Se- leagues to make federal funding for is just the beginning. I am encouraged curity Act resulting from the provisions of both basic and clinical research a na- by recent collaborative efforts between this Act; and tional priority by doubling the budget the National Institutes of Health and (2) a projection of expenditures under the of the National Institutes of Health the American Association of Health medicare program if coverage of routine pa- Plans to increase participation of pa- tient care costs in an approved clinical trial over the next five years. Last year we program were extended to individuals enti- witnessed an historic increase of $2 bil- tients in clinical trials and to encour- tled to benefits under the medicare program lion that brought us closer to this goal. age health plans to cover routine pa- who have a diagnosis other than cancer. But we cannot stop there. If we do not tient costs. We need to monitor this ef- (c) TERMINATION.—The provisions of this capitalize on this investment by fur- fort closely and explore other ways to Act shall not apply after December 31, 2004. ther supporting our clinical research promote public-private collaboration Mr. FRIST. Mr. President, I am infrastructure and the conduct of clin- and to gather the necessary data that pleased to join today with my col- ical trials, we will not reap the full will reveal the true impact on health leagues, Senators ROCKEFELLER and benefits of our investment. care costs. I will continue to pursue MACK to introduce legislation that will Clinical trials are scientific studies this effort in a systematic way with provide Medicare patients who are bat- that allow us to investigate how new my colleagues. tling cancer with coverage of their medicines and clinical treatments We must not wait any longer to health care costs when they participate work in patients. Patients should rec- launch the Medicare demonstration in approved clinical trials. For patients ognize that clinical trials are by their project that our bill today addresses. suffering from life-threatening illness nature investigational and therefore The longer we wait, the longer patients such as cancer, the opportunity to par- are not a magic bullet or without risk. are denied access to potentially life- ticipate in clinical trials often offers Patients should be fully informed of saving therapies and the longer it will them their best hope for access to the the potential benefits and, equally im- take for new therapies to become latest and most advanced treatment portant, the potential risks of partici- standard therapy. And we must con- modalities. pating in a clinical investigation. With tinue to address the issue of clinical Medicare currently does not pay the this in mind, patients should be given trial coverage by the private sector to costs of patient care associated with the opportunity to participate in clin- bring about patients’ access to new clinical trials because they are experi- ical investigations which may allow clinical therapies while being mindful mental therapies. Our bill proposes them to receive cutting-edge treat- of the costs we are imposing. Patients and their families deserve that we give that we begin a demonstration project ments that may improve their chances thoughtful consideration to both of through Medicare—the nation’s largest of survival. Clinical investigations ad- these legislative proposals this year. third party payor—to provide coverage vance our scientific knowledge and of routine patient costs associated with help bring about medical innovations By Ms. MIKULSKI (for herself, approved cancer clinical trials. It is a to find better treatments for patients. Ms. SNOWE, Mr. SARBANES, Ms. demonstration program because there We must continue to foster both pub- COLLINS, and Mr. LOTT): has been much debate over the costs lic and private efforts to support clin- S. 786. A bill to amend title II of the associated with clinical trials and a ical trials. I believe our foremost fed- Social Security Act to provide that a clear need exists to gather better cost eral responsibility is to address access monthly insurance benefit thereunder data. Unfortunately, dispute still ex- to clinical trials in our publicly-fi- shall be paid for the month in which ists over how to distinguish between nanced programs such as Medicare. We the recipient dies, subject to a reduc- routine patient costs and those associ- must first determine the criteria the tion of 50 percent if the recipient dies ated with the trial. The full impact on Medicare program will use to evaluate during the first 15 days of such month, health care costs is not yet known. which clinical trials are eligible for and for other purposes; to the Com- Thus our bill requires the Secretary coverage and which costs will be cov- mittee on Finance. of Health and Human Services to con- ered. This has not been an easy task. SOCIAL SECURITY FAMILY PROTECTION ACT duct this demonstration project to We have also been reviewing the pro- Ms. MIKULSKI. Mr. President, study the feasibility of covering pa- posal to require private health plans today, I rise to talk about an issue that tient costs for beneficiaries diagnosed and insurers to cover routine costs as- is very important to me, very impor- with cancer and enrolled in clinical sociated with standard patient care tant to my constituents in Maryland trials approved by the National Insti- while participating in a clinical trial. and very important to the people of the tutes of Health, the Food and Drug Ad- The Senate Health and Education Com- United States of America. ministration, Department of Defense, mittee, on which I serve, had an in- For the third Congress in a row, I am and the Department of Veteran Affairs. formative debate last month on the joining in a bipartisan effort with my The Secretary is required to report to issue of clinical trials coverage during friend and colleague, Senator OLYMPIA Congress concerning the incremental our consideration of S. 326, ‘‘The Pa- SNOWE, to end an unfair policy of the costs attributed to the trial and the ad- tients’ Bill of Rights.’’ The amendment Social Security System. visability of covering other diseases. we were considering went beyond the Senator SNOWE and I are introducing Once Congress has these data in hand, Medicare demonstration project by re- the Social Security Family Protection we will be able to make the determina- quiring private sector health plans to Act. This bill addresses retirement se- tion to enact legislation to make the cover costs associated with clinical curity and family security. We want S3648 CONGRESSIONAL RECORD — SENATE April 13, 1999 the middle class of this Nation to know ioned in our belief in family values. We ship to the agricultural economy. Addi- that we are going to give help to those believe you honor your father and your tionally, when consumers see the who practice self-help. mother. We believe that it is not only USDA Grade Stamp on a meat product What is it I am talking about? We a good religious and moral principle, they are under the assumption they are have found that Social Security does but it is good public policy as well. buying U.S. made product. In fact, this not pay benefits for the last month of The way to honor your father and is usually not the case. Even though life. If a Social Security retiree dies on mother is to have a strong Social Secu- carcasses are required to have a ‘‘for- the 18th of the month or even on the rity System and to make sure the sys- eign origin marking’’, it is trimmed off 30th of the month, the surviving spouse tem is fair in every way. That means for marketing purposes. or family members must send back the fair for the retiree and fair for the Essentially, this bill will protect Social Security check for that month. spouse and family. That is why we sup- both the American producer and the I think that is a harsh and heartless port making sure that the surviving American consumer. The USDA Grade rule. That individual worked for Social spouse or family can keep the Social Stamp on foreign product is a det- Security benefits, earned those bene- Security check for the last month of riment to both. It is a detriment to the fits, and paid into the Social Security life. producer because foreign countries get trust fund. The system should allow Mr. President, we urge our colleagues the benefit of the grade stamp, without the surviving spouse or the estate of to join us in this effort and support the having to pay for it. America’s pro- the family to use that Social Security Social Security Family Protection ducers need the assurance that the check for the last month of life. Act. USDA label really means just that— This legislation has an urgency, Mr. produced in the U.S. It is a detriment President. When a loved one dies, there By Mr. BURNS (for himself, Mr. to the consumer because they deserve are expenses that the family must take ENZI and Mr. CRAIG): to know that they are buying Amer- care of. People have called my office in S. 788. A bill to amend the Federal ican. I’ve said it before and I’ll say it tears. Very often it is a son or a daugh- Meat Inspection Act to provide that a again. U.S. consumers deserve to know ter that is grieving the death of a par- quality grade label issued by the Sec- that they are buying absolutely the ent. They are clearing up the paper- retary of Agriculture may not be used safest food supply in the world, which work for their mom or dad, and there is for imported meat and meat food prod- is grown by American farmers and the Social Security check. And they ucts; to the Committee on Agriculture, ranchers. With this in mind we then say, ‘‘Senator, the check says for the Nutrition, and Forestry. should be informing the American con- month of May. Mom died on May 28. USDA GRADE RESCISSION ACT OF 1999 sumer that they really are purchasing Why do we have to send the Social Se- Mr. BURNS. Mr. President, I rise American product. curity check back? We have bills to today to sponsor a bill on an issue of I am proud and very pleased to serve pay. We have utility coverage that we great importance to my state and the as sponsor of this bill and I look for- need to wrap up, mom’s rent, or her agricultural industry. The issue is that ward to moving it through the legisla- mortgage, or health expenses. Why is of rescinding the USDA Grade Stamp tive process so we may give our con- Social Security telling me, ‘Send the on foreign meat products coming into sumers and producers the information check back or we’re going to come and America from other countries and un- and advantage of knowing their meat get you’?’’ fairly receiving the USDA Grade was produced in the USA. With all the problems in our country Stamp. By Mr. MCCAIN: today, we ought to be going after drug This language offered today will in- S. 789. A bill to amend title 10, dealers and tax dodgers, not honest sure that all meat products imported United States Code, to authorize pay- people who have paid into Social Secu- from a foreign country will not be ment of special compensation to cer- rity, and not the surviving spouse or graded USDA. For years other coun- tain severely disabled uniformed serv- the family who have been left with the tries have used the USDA Grade Stamp ices retirees; to the Committee on bills for the last month of their loved to their advantage. Particularly, Can- Armed Services. ada and Mexico ship livestock into the one’s life. They are absolutely right LEGISLATION TO AUTHORIZE SPECIAL PAY FOR when they call me and say that Social United States and reap the benefits of SEVERELY DISABLED RETIRED VETERANS Security was supposed to be there for the premium given for USDA Prime, Mr. McCAIN. Mr. President, I am in- them. USDA Choice or USDA Select. troducing legislation today to author- That is what our bill is going to do. USDA Prime and USDA Choice ize special compensation for severely That is why Senator SNOWE and I are grades are given a premium price. disabled military retirees who suffer introducing the Family Social Secu- Competition from foreign countries ef- under an existing law regarding ‘‘con- rity Protection Act. When we talk fectively prevents that same number of current receipt.’’ As many of my col- about retirement security, the most American livestock producers from re- leagues know, current law requires important part of that is income secu- ceiving a premium. USDA should mean military retirees who are rated as dis- rity. And the safety net for most Amer- just that the meat was raised and abled to offset their military retired icans is Social Security. slaughtered in the United States, and pay by the amount they receive in vet- We know that as Senators we have to given the stamp by the United States erans’ disability compensation. This make sure that Social Security re- Department of Agriculture. requirement is discriminatory and mains solvent, and we are working to Currently, boxed beef is not eligible wrong. do that. We also don’t want to create to receive the USDA Grade Stamp. Today, America’s disabled military an undue administrative burden at the However, agricultural producers across retirees—those individuals who dedi- Social Security Administration—a bur- the border ship livestock to the United cated their careers to military service, den that might affect today’s retirees. States and feed them for a short period and who suffered disabling injuries in But it is absolutely crucial that we of time in order to bypass that restric- the course of that service—cannot re- provide a Social Security check for the tion. The animals are then slaughtered ceive concurrently their military re- last month of life. here as United States product. This is tirement pay, which they have earned How do we propose to do that? We not only unfair, it is a betrayal of through at least 20 years of service in have a very simple, straightforward trust. It is one that we will no longer the Armed Forces, and their veterans’ way of dealing with this problem. Our tolerate. My bill provides for a 90 day disability compensation, which they legislation says that if you die before feeding period to prevent this from are owed due to pain and suffering in- the 15th of the month, you will get a happening, yet maintain the profits curred from military service. In other check for half the month. If you die light-weight cattle from foreign coun- words, the law penalizes the very men after the 15th of the month, your sur- tries bring to American feeders. and women who have sacrificed their viving spouse or the family estate The huge influx of imports from both physical or psychological well-being in would get a check for the full month. Canada and Mexico that American ag- uniformed service to their country. We think this bill is fundamentally ricultural producers are currently The legislation I am introducing fair. Senator SNOWE and I are old-fash- faced with has provided an added hard- today does not provide for full payment April 13, 1999 CONGRESSIONAL RECORD — SENATE S3649 to eligible veterans of both the dis- tary pay by the amount they receive in portion of his earned military retire- ability compensation and the retired veterans’ disability pay. Although I ment. Unfortunately, the full Congress pay they have earned. I regret that had assumed that no one could deny a did not act on this legislation before such a proposal, which I support in military retiree with 100 percent dis- adjourning in October 1998. principle, would be far more expensive ability from receiving both his retire- In the past, Congressional attempts than many of my colleagues could ac- ment and his disability pay, my legis- to rectify discrimination against dis- cept. I learned that lesson the hard lation was never enacted into law. abled career service members have way in the course of sponsoring more Undeterred, in 1994 I introduced legis- been accompanied by staggering cost ambitious concurrent receipt proposals lation, which was included in the Sen- estimates, dooming to failure again in previous Congresses. ate version of the Defense Appropria- and again proposed remedies to the My current legislation would instead tions bill for FY 1995, directing the concurrent receipt dilemma. The con- authorize special compensation for the Secretary of Defense to authorize the current receipt legislation I supported most severely disabled retired vet- concurrent payment of military retired in the 105th Congress reflected an at- erans—those who have served for at pay and veterans’ disability compensa- tempt to ease the offset burden on re- least 20 years, and who have disability tion. Although my amendment had 16 tired disabled service members while ratings of between 70 and 100 percent. cosponsors and received bipartisan sup- avoiding significant deficit expansion. More specifically, it would authorize port in the Senate, it was regrettably My current legislation in the 106th monthly payments of $300 for totally reduced to just a study by the House of Congress is even more conscious of the disabled retired veterans; $200 for retir- Representatives during conference ne- costs associated with properly compen- ees rated as 90 percent disabled; and gotiations on the bill. sating disabled military retirees. $100 for retirees with disability ratings This amendment was heralded by Unfortunately, cost concerns must of 70–80 percent. more than 30 separate veterans’ asso- remain a consideration as we seek to These men and women suffer from ciations as a means of redressing the promote a system of concurrent receipt disabilities that have kept them from unjust offset of retirement pay with that is both equitable and consistent pursuing second careers. If we cannot disability compensation. It provided with our balanced budget objective. muster the votes to provide them with for concurrent payment of retirement While I would prefer to implement a their disability pay and retired pay and disability compensation if the fol- system aimed first and foremost at se- concurrently, the least we can do is au- lowing criteria were met: verely disabled veterans, as my earlier thorize a modest special compensation (1) the veteran had completed 20 legislation proposed, I believe S. 657 package to demonstrate that we have years of military service; represented a step in the right direc- not forgotten their sacrifices. At $42 (2) the disability was incurred or ag- tion and was worthy of Congress’ sup- million per year, this legislation comes gravated in the performance of duty in port. Similarly, I believe the special nowhere near approaching the price tag military service; and compensation authorized by my cur- of more expansive concurrent receipt (3) the disability was rated as 100 per- rent legislation makes progress by tar- proposals. Moreover, it involves only cent at the time of retirement or with- geting the most severely disabled vet- discretionary, not mandatory, spend- in four years of the veteran’s retire- erans, even if it does not revoke the ing. ment date. discriminatory concurrent receipt re- In short, it is affordable. And it is the I introduced these concurrent receipt strictions that remain in place today. right thing to do. But don’t take my amendments because the existing re- I continue to hope that the Pen- word for it. The Military Coalition, an quirement that military retired pay be tagon, once it finally understands our organization of 30 prominent veterans’ offset dollar-for-dollar by veterans’ dis- message that it cannot continue to un- and retirees’ advocacy groups, supports ability compensation is inequitable. I fairly penalize disabled military retir- my legislation, as do many other vet- firmly believe that non-disability mili- ees, will provide Congress with a fair erans’ service organizations, including tary retired pay is post-service com- and equitable plan to properly com- the American Legion and Disabled pensation for services rendered in the pensate retired service members with American Veterans. These highly re- United States military. Veterans’ dis- disabilities. It is hard to disagree with spected organizations recognize, as I ability pay, on the other hand, is com- the simple logic that disabled veterans do, that severely disabled military re- pensation for a physical or mental dis- both need and deserve our full support tirees deserve, at a minimum, special ability incurred from the performance after the untold sacrifices they made in compensation for the honorable service of such service. In my view, the two defense of this country. they have rendered the United States. pays are for very different purposes: I look forward to the day when our My interest in actively resolving the one for service rendered and the other disabled retirees are no longer unduly concurrent receipt issue dates to 1993, for physical or mental ‘‘pain and suf- penalized by existing limitations on when I included a provision in the Fis- fering.’’ This is an important distinc- concurrent receipt of the benefits they cal Year 1994 Defense Authorization tion evident to any military retiree deserve. In the meantime, I urge my bill directing the Department of De- currently forced to offset his retire- colleagues to support this legislation. fense (DoD) to submit a concurrent re- ment pay with disability compensa- Mr. President, I ask unanimous con- ceipt legislative proposal to the House tion. sent that the text of the bill be printed and Senate Armed Services Commit- Concurrent receipt is, at its core, a in the RECORD. There being no objection, the bill was tees. When that deadline was not met, fairness issue, and present law simply ordered to be printed in the RECORD, as I took the opportunity at a Senate discriminates against career military follows: Armed Services Personnel Sub- people. Retired veterans are the only committee hearing to ask the then- group of federal retirees who are re- S. 789 Deputy Assistant Secretary of Defense quired to waive their retirement pay in Be it enacted by the Senate and House of Rep- order to receive VA disability. This in- resentatives of the United States of America in for Military Manpower and Personnel Congress assembled, Policy about the status of the concur- equity needs to be corrected. SECTION 1. SPECIAL COMPENSATION FOR SE- rent receipt report. Although he re- In the 105th Congress, I was proud to VERELY DISABLED UNIFORMED plied that Congress would receive it in have co-sponsored S. 657, a bill spon- SERVICES RETIREES. June 1993, the report arrived seven sored by Senator DASCHLE that would (a) AUTHORITY.—(1) Chapter 71 of title 10, months late. Clearly, the concurrent eliminate the offset on a graduated United States Code, is amended by adding at receipt issue was not then a DoD pri- scale based on the inverse of the retir- the end the following new section: ority, nor is it today. ee’s disability rating. For instance, a ‘‘§ 1413. Special compensation for certain se- I also worked with the Armed Serv- veteran who is 90 percent disabled verely disabled uniformed services retirees ices Committee to include legislation would have to offset his retirement pay ‘‘(a) AUTHORITY.—The Secretary concerned shall, subject to the availability of appro- in the FY 1994 Defense Authorization by an amount equal to 10 percent of his priations for such purpose, pay to each eligi- bill to exempt military retirees who total VA disability. This compromise ble disabled uniformed services retiree a are rated as 100 percent disabled from would establish the right of a disabled monthly amount determined under sub- the requirement to offset their mili- military retiree to receive at least a section (b). S3650 CONGRESSIONAL RECORD — SENATE April 13, 1999 ‘‘(b) AMOUNT.—The amount to be paid to an to submit annual reports, and for other the bottled product—hundreds of times eligible disabled uniformed services retiree purposes; to the Committee on Envi- more expensive than what comes out of in accordance with subsection (a) is the fol- ronment and Public Works. the tap—is the safer, cleaner product. lowing: THE BOTTLED WATER SAFETY AND RIGHT-TO- In other words, Mr. President, bottled ‘‘(1) For any month for which the retiree KNOW ACT OF 1999 has a qualifying service-connected disability water is the snake oil of the 1990’s—it rated as total, $300. Mr. LAUTENBERG. Mr. President, I is sold as a cleaner product purely on ‘‘(2) For any month for which the retiree am introducing today the Bottled the basis of claims and perception, not has a qualifying service-connected disability Water Safety and Right-to-Know Act of facts. rated as 90 percent, $200. 1999. This legislation is designed to en- The Bottled Water Safety and Right- ‘‘(3) For any month for which the retiree sure that bottled water safety stand- to-Know Act of 1999 would correct has a qualifying service-connected disability ards protect public health, and to give these deficiencies, establishing con- rated as 80 percent or 70 percent, $100. consumers the right to know about taminant standards and Right-to-Know ‘‘(c) ELIGIBLE MEMBERS.—An eligible dis- abled uniformed services retiree referred to contaminants in their bottled water. requirements for bottled water at least in subsection (a) is a member of the uni- Mr. President, I have been interested as stringent as those placed on tap formed services in a retired status (other in bottled water for several years. Bot- water. than a member who is retired under chapter tled water consumption has doubled in First, the bill would give the FDA 61 of this title) who— the U.S. since 1987, largely due to the two years to make all standards for ‘‘(1) completed at least 20 years of service public perception that bottled water is contaminants in bottled water as pro- in the uniformed services that are creditable cleaner and safer than tap water. This tective of public health as the tap for purposes of computing the amount of re- is especially true in my state, where we water standards established by the tired pay to which the member is entitled; hear so often about contamination of and EPA, the State of California, the World ‘‘(2) has a qualifying service-connected dis- tap water. Unfortunately, bottled Health Organization, and the European ability. water today does not have to meet all Union. If the FDA failed to implement ‘‘(d) QUALIFYING SERVICE-CONNECTED DIS- the same safety standards met by tap this requirement, the bill would trans- ABILITY DEFINED.—In this section, the term water. Nor do consumers have the right fer regulatory authority over bottled ‘qualifying service-connected disability’ to know about the contaminats found water to the EPA. means a service-connected disability that— in bottled water. Let me discuss each Second, the bill would require that ‘‘(1) was incurred or aggravated in the per- of these issues in more detail. bottled water companies list, on their formance of duty as a member of a uni- There is an important disparity be- formed service, as determined by the Sec- products’ labels, the concentration of retary concerned; and tween contaminant standards for bot- any regulated contaminant found at ‘‘(2) is rated as not less than 70 percent tled water and those for tap water. levels high enough to cause adverse disabling— Bottled water is regulated as a food by health effects, and of any other con- ‘‘(A) by the Secretary concerned as of the the Food and Drug Administration taminants whose presence in tap water date on which the member is retired from (FDA) under the Food, Drug, and Cos- would be disclosed to the public under the uniformed services; or metic Act, while tap water is regulated federal law. Bottled water without con- ‘‘(B) by the Secretary of Veterans Affairs by the Environmental Protection tamination would require no such con- within four years following the date on Agency (EPA). Unfortunately, several which the member is retired from the uni- taminant labelling. In addition, labels formed services. contaminants are regulated less strin- would name the source of the water, ‘‘(e) STATUS OF PAYMENTS.—Payments gently in bottled water by the FDA the type of treatment applied, and under this section are not retired pay. than in tap water by the EPA. In par- whether the treatment meets the ‘‘(f) SOURCE OF FUNDS.—Payments under ticular, the FDA has no standard for EPA’s criteria of full protection of this section for any fiscal year shall be paid phthalate, a probable human car- immuno-compromised individuals from out of funds appropriated for pay and allow- cinogen which leaches out of some Cryptosporidium and other microbial ances payable by the Secretary concerned for plastic bottles, no ban on fecal coli- pathogens. that fiscal year. form of E. Coli, and weaker standards ‘‘(g) OTHER DEFINITIONS.—In this section: Finally, the bill would require bot- ‘‘(1) The term ‘service-connected’ has the for several other contaminants. In ad- tled water companies to send the FDA meaning give that term in section 101 of title dition, the infrastructure guaranteeing information on the contaminants in 38. the safety of bottled water is far weak- the water, the source of the water, and ‘‘(2) The term ‘disability rated as total’ er than the regulatory programs the type of treatment applied. The FDA means— EPA and its state and local partners would then make the reported informa- ‘‘(A) a disability that is rated as total have established for tap water. tion, information on the recent inspec- under the standard schedule of rating dis- There is, in addition, a disparity in tion and enforcement history of the abilities in use by the Department of Vet- the transparency of information about erans Affairs; or relevant bottled water facilities, and ‘‘(B) a disability for which the scheduled the two types of water. Public water other background information avail- rating is less than total but for which a rat- systems have long been required to able to the public through the Internet ing of total is assigned by reason of inability monitor contaminant levels and allow and in paper form through a 1–800 num- of the disabled person concerned to secure or no more than a maximum amount of ber, both of which would be printed on follow a substantially gainful occupation as contamination in their water. Facing bottle labels. a result of service-connected disabilities. only these regulatory requirements, Mr. President, bottled water con- ‘‘(3) The term ‘retired pay’ includes re- however, water companies had little in- sumers have the right to bottled water tainer pay, emergency officers’ retirement centive to provide more than the min- pay, and naval pension.’’. that is as safe as tap water, and they (2) The table of sections at the beginning of imum-required level of drinking water have the right to know about the con- such chapter is amended by adding at the protection. The Safe Drinking Water taminants in their bottled water. end the following new item: Act Amendments of 1996 changed that I urge my colleagues to co-sponsor ‘‘1413. Special compensation for certain se- by adding consumer Right-to-Know re- this legislation, and ask unanimous verely disabled uniformed serv- quirements to the existing regulatory consent that the bill be printed in the ices retirees.’’. programs. The purpose of the Right to RECORD. (b) EFFECTIVE DATE.—Section 1413 of title Know requirements is to increase pub- There being no objection, the bill was 10, United States Code, as added by sub- lic understanding of drinking water ordered to be printed in the RECORD, as section (a), shall take effect on October 1, threats, foster public demand for pre- 1999, and shall apply to months that begin on follows: or after that date. No benefit may be paid to vention of those threats, and thereby S. 790 any person by reason of that section for any lead water companies and state and Be it enacted by the Senate and House of period before that date. local agencies to go beyond the min- Representatives of the United States of America imum requirements in preventing the in Congress assembled, By Mr. LAUTENBERG: threats. SECTION 1. SHORT TITLE. S. 790. A bill to amend the Federal Unfortunately, no equivalent Right This Act may be cited as the ‘‘Bottled Food, Drug, and Cosmetic Act to re- to Know exists for bottled water. Cus- Water Safety and Right to Know Act of quire manufacturers of bottled water tomers have no way to know whether 1999’’. April 13, 1999 CONGRESSIONAL RECORD — SENATE S3651 SEC. 2. CONSUMER CONFIDENCE REPORTS. ‘‘(I) that have been issued, made, granted, submit reports and display information as Section 410 of the Federal Food, Drug, and or allowed to become effective by the Presi- required under paragraph (2). Cosmetic Act (21 U.S.C. 349) is amended— dent, any Federal agency or official of a Fed- ‘‘(2) The regulations issued under para- (1) in subsection (b), by adding at the end eral agency, or by a court of competent ju- graph (1) shall require that each manufac- the following: risdiction, in the performance of functions turer of bottled water shall— ‘‘(5) The Secretary shall— that are transferred under this subpara- ‘‘(A) not later than 36 months after the ‘‘(A) not later than 6 months after the date graph; and date of enactment of this subsection and an- of enactment of this paragraph identify con- ‘‘(II) that were in effect before the effective nually thereafter, prepare and submit in taminants for which— date of this subparagraph, or were final be- electronic form, on a form provided by the ‘‘(i) the Administrator has established a fore the effective date of this subparagraph Secretary, an annual report to the Secretary national primary drinking water regulation and are to become effective on or after the that describes, at a minimum— under section 1412 of the Safe Drinking effective date of this subparagraph; ‘‘(i) the source of the water purveyed; Water Act (42 U.S.C. 300g–1) and the Sec- ‘‘(ii) the type of treatment to which the shall continue in effect according to their retary has not established a standard of water has been subjected and whether such terms until modified, terminated, super- quality regulation for such contaminant or treatment meets the Secretary’s criteria for seded, set aside, or revoked in accordance has established a standard of quality regula- full protection of immuno-compromised indi- with law by the President, the Adminis- tion or monitoring requirement that may be viduals from cryptosporidium and other mi- trator or other authorized official, a court of less protective of public health than the na- crobial pathogens; competent jurisdiction, or by operation of tional primary drinking water regulation; or ‘‘(iii) the amount and range of any regu- law; ‘‘(ii) the Secretary has established a stand- lated contaminant detected in the water dur- ‘‘(v) this subparagraph shall not affect any ard of quality regulation for such contami- ing the reporting year, the maximum con- proceedings, including notices of proposed nant that may be less protective of public taminant level goal for the contaminant, if rulemaking, or any application for any li- health than the standard for such a contami- any, and whether the goal was exceeded dur- cense, permit, certificate, or financial assist- nant issued by the World Health Organiza- ing the reporting year; and ance pending before the Secretary on the ef- tion, the European Union, or the State of ‘‘(iv) the amount and range of any unregu- fective date of this subparagraph, with re- California; and lated contaminant detected in the water dur- spect to functions transferred by this sub- ‘‘(B) not later than 12 months after that ing the reporting year that is subject to un- paragraph; date of enactment, propose an interim stand- regulated contaminant monitoring or notifi- ‘‘(vi) such proceedings and applications de- ard of quality regulation, for each contami- cation requirements under sections 1445 or scribed in clause (v) shall be continued and nant identified under subparagraph (A), that 1414, respectively, of the Safe Drinking orders shall be issued in such proceedings contains a standard or monitoring require- Water Act (42 U.S.C. 300j-4; 300g-3), or that and appeals taken from the orders, and pay- ment that is at least as protective of public the Secretary determines may present a ments shall be made pursuant to the orders, health as the more protective of— threat to public health; and as if this subparagraph had not been enacted, ‘‘(i) the national primary drinking water ‘‘(B) for the second and each subsequent re- and orders issued in any such proceedings regulation described in subparagraph (A); or porting year, display on the labels of the bot- shall continue in effect until modified, ter- ‘‘(ii) a standard issued by the World Health tled water— minated, superseded, set aside, or revoked by Organization, European Union, or the State ‘‘(i) if the maximum contaminant level a duly authorized official, by a court of com- of California; and goal or lowest health advisory level under petent jurisdiction, or by operation of law; ‘‘(C) not later than 24 months after that the Safe Drinking Water Act (whichever is ‘‘(vii) nothing in this subparagraph shall be date of enactment, issue a final regulation of lower) for a regulated contaminant is ex- construed to prohibit the discontinuance or the standard described in subparagraph (B), ceeded during the preceding reporting year— modification of any such proceeding de- for each identified contaminant. ‘‘(I) the amount and range of the regulated scribed in clause (v) under the same terms ‘‘(6) The Secretary is authorized to award contaminant in the bottled water; and conditions and to the same extent that grants to the States for the enforcement of ‘‘(II) the maximum contaminant level goal such proceeding could have been discon- the regulations described in paragraph (5). for the contaminant; and tinued or modified if this subparagraph had ‘‘(7)(A) Not later than 24 months after the ‘‘(III) a plain definition of ‘maximum con- not been enacted; date of enactment of this paragraph, the Sec- taminant level goal’ as determined by the ‘‘(viii) this subparagraph shall not affect retary shall publish final regulations as de- Administrator; suits commenced before the effective date of scribed in paragraph (5) in the Federal Reg- ‘‘(ii) the amount and range of any unregu- this subparagraph, and in all such suits, pro- ister. lated contaminant detected in the water dur- ceedings shall be had, appeals taken, and ‘‘(B) If the Secretary fails to publish the ing the preceding reporting year that is sub- judgments rendered in the same manner and regulations described in subparagraph (A), ject to unregulated contaminant monitoring then— with the same effect as if this subparagraph or notification requirements under sections ‘‘(i) all functions that the Secretary of had not been enacted; 1445 or 1414, respectively, of the Safe Drink- Health and Human Services exercised before ‘‘(ix) no suit, action, or other proceeding ing Water Act (42 U.S.C. 300j-4; 300g-3) or that the effective date of this subparagraph (in- commenced by or against the Secretary, or the Secretary has determined may present a cluding all related functions of any officer or by or against any individual in the official threat to public health; employee of the Department of Health and capacity of such individual as an officer of ‘‘(iii) the source of the water; Human Services) relating to inspections and the Secretary, shall abate by reason of the ‘‘(iv) the type of treatment, if any, to enforcement concerning bottled water shall enactment of this subparagraph; which the water has been subjected and be transferred to the Environmental Protec- ‘‘(x) any administrative action relating to whether such treatment meets the Sec- tion Agency; the preparation or promulgation of a regula- retary’s criteria for full protection of ‘‘(ii) all references to the Secretary in tion by the Secretary relating to a function immuno-compromised individuals for paragraph (5), notwithstanding the ref- transferred under this subparagraph may be cryptosporidium and other mircobial patho- erences in clause (i) and (ii) of subparagraph continued by the Administrator with the gens; (A), and all references in paragraph (6) and same effect as if this subparagraph had not ‘‘(v) the address for the Internet website subsections (c), (d), and (e) shall instead be been enacted; and described in paragraph (3)(A); and to the Administrator; ‘‘(xi) a reference in any other Federal law, ‘‘(vi) the toll-free telephone number de- ‘‘(iii) except as otherwise provided in this Executive order, rule, regulation, or delega- scribed in paragraph (3)(B). subparagraph, the assets, liabilities, grants, tion of authority, or any document of or re- ‘‘(3) Not later than 6 months after the date contracts, property, records, and unexpended lating to— on which an annual report referred to in balances of appropriations, authorizations, ‘‘(I) the Secretary with regard to functions paragraph (2) is submitted to the Secretary, allocations, and other funds employed, used, transferred under this subparagraph, shall be the Secretary shall make the report avail- held, arising from, available to, or to be deemed to refer to the Administrator; and able to the public— made available in connection with the func- ‘‘(II) the Department of Health and Human ‘‘(A) on an Internet website maintained by tions transferred under clause (i), subject to Services with regard to functions transferred the Secretary; and section 1531 of title 31, United States Code, under this subparagraph, shall be deemed to ‘‘(B) in paper form, in English, Spanish, shall be transferred to the Environmental refer to the Environmental Protection Agen- and in any other language determined to be Protection Agency, and unexpended funds cy. appropriate by the Secretary, upon request transferred pursuant to this subparagraph ‘‘(C) As used in subparagraph (B), the term made through use of a toll-free telephone shall be used only for the purposes for which ‘Federal agency’ has the meaning given the number maintained by the Secretary. the funds were originally authorized and ap- term ‘agency’ by section 551(1) of title 5, ‘‘(4) In addition to submitting an annual propriated; United States Code.’’; and report under paragraph (2), the manufacturer ‘‘(iv) all orders, determinations, rules, reg- (2) by adding at the end the following: may also submit a supplement to the Sec- ulations, permits, agreements, grants, con- ‘‘(c)(1) Not later than 18 months after the retary that contains additional information tracts, certificates, licenses, registrations, date of enactment of this subsection, the that the manufacturer determines to be ap- privileges, and other administrative Secretary shall issue regulations that re- propriate for public education. The Sec- actions— quire each manufacturer of bottled water to retary may make the supplement available S3652 CONGRESSIONAL RECORD — SENATE April 13, 1999 to the public in the same manner as the an- ‘‘(6) The term ‘unregulated contaminant’ ADDITIONAL COSPONSORS nual report is made available to the public means a contaminant that is not regulated S. 51 under paragraph (3). under section 1412 of the Safe Drinking ‘‘(5) In the same manner as the annual re- Water Act (42 U.S.C. 300g-1).’’. At the request of Mr. BIDEN, the names of the Senator from New Mexico port is made available to the public under SEC. 3. PROHIBITED ACTS. paragraph (3), the Secretary shall make the Section 301 of the Federal Food, Drug, and (Mr. BINGAMAN), the Senator from Or- following information available to the pub- Cosmetic Act (21 U.S.C. 331) is amended by egon (Mr. WYDEN), the Senator from lic: Connecticut (Mr. LIEBERMAN), and the ‘‘(A) The definitions of the terms ‘max- adding at the end the following: Senator from Michigan (Mr. LEVIN) imum contaminant level goal’ and ‘max- ‘‘(aa) The failure by a manufacturer of bot- imum contaminant level’. tled water to submit an annual report or dis- were added as cosponsors of S. 51, a bill ‘‘(B) For any regulated contaminant de- play the required information on labels of to reauthorize the Federal programs to scribed in paragraph (2)(A), a statement set- bottled water in accordance with section prevent violence against women, and ting forth— 410(c).’’. for other purposes. ‘‘(i) the maximum contaminant level goal; S. 97 By Mr. SHELBY (for himself and ‘‘(ii) the maximum contaminant level; and At the request of Mr. MCCAIN, the ‘‘(iii) if a violation of the maximum con- Mr. SESSIONS): name of the Senator from Alaska (Mr. taminant level has occurred during the re- S.J. Res. 18. A joint resolution hon- STEVENS) was added as a cosponsor of porting year, the potential health concerns oring World War II crewmembers of the associated with such a violation. S. 97, a bill to require the installation U.S.S. Alabama on the occasion of the and use by schools and libraries of a ‘‘(C) For any unregulated contaminant de- 1999 annual reunion of the U.S.S. Ala- scribed in paragraph (2)(A), a statement de- technology for filtering or blocking scribing the health advisory or explaining bama Crewmen’s Association; to the material on the Internet on computers the reasons for determination by the Sec- Committee on Veterans’ Affairs. with Internet access to be eligible to retary that the contaminant may present a JOINT RESOLUTION FOR THE SAILORS OF THE receive or retain universal service as- threat to public health. BATTLESHIP USS ALABAMA sistance. ‘‘(D) A statement explaining that the pres- Mr. SHELBY. Mr. President, I rise S. 192 ence of contaminants in bottled drinking water does not necessarily create a health today to honor a number of American At the request of Mr. KENNEDY, the risk. heroes. During World War Two, over name of the Senator from North Caro- ‘‘(E) The date of the last Federal and State 6,300 sailors and Marines were members lina (Mr. EDWARDS) was added as a co- inspections of the bottled water facilities re- of the crew of the Battleship U.S.S. sponsor of S. 192, a bill to amend the lating to the safety of the water. Alabama. The ship and crew were in- Fair Labor Standards Act of 1938 to in- ‘‘(F) A statement describing any violations strumental in the defeat of both Ger- crease the Federal minimum wage. discovered at the facilities during the inspec- many and Japan. The crew was cred- S. 285 tions described in subparagraph (E) and any At the request of Mr. MCCAIN, the enforcement actions that were taken as a ited with the downing of 22 enemy air- consequence of the violations. craft and was awarded numerous cita- name of the Senator from Florida (Mr. ‘‘(G) The date of recall of any bottled tions and medals including the Euro- MACK) was added as a cosponsor of S. water and the reasons for the recall. pean-African-Middle Eastern Medal 285, a bill to amend title II of the So- ‘‘(d) Every manufacturer of bottled water and the Asiatic-Pacific Campaign cial Security Act to restore the link who is subject to any requirement of this Medal with nine battle stars. between the maximum amount of earn- section shall maintain such records, make This week, the U.S.S. Alabama Crew- ings by blind individuals permitted such reports, conduct such monitoring, and without demonstrating ability to en- provide such information as the Secretary man’s Association is holding its annual may reasonably require by regulation in reunion at Battleship Memorial Park gage in substantial gainful activity and order to assist the Secretary in establishing in Mobile, Alabama. I ask the Senate the exempt amount permitted in deter- regulations under this section, in deter- to pass this Joint Resolution which mining excess earnings under the earn- mining whether the manufacturer has acted commends and recognizes the gallant ings test. or is acting in compliance with this section, crewmen of the U.S.S. Alabama. To S. 296 in evaluating the health risks of unregulated those men I say congratulations and At the request of Mr. FRIST, the contaminants, or in advising the public of name of the Senator from Missouri such risks. thank you for a job well done. ‘‘(e) Not later than 12 months after the Mr. President, I ask unanimous con- (Mr. ASHCROFT) was added as a cospon- date of enactment of this subsection, and an- sent that the text of the joint resolu- sor of S. 296, a bill to provide for con- nually thereafter, the Secretary shall make tion be printed in the RECORD. tinuation of the Federal research in- available to the public, in the same manner There being no objection, the joint vestment in a fiscally sustainable way, as the annual report is made available under and for other purposes. subsection (c)(3), information regarding vio- resolution was ordered to be printed in S. 343 lations of bottled water regulations relating the RECORD, as follows: At the request of Mr. BOND, the name to inspections, and any enforcement actions S.J. RES. 18 taken in regards to such violations. The Sec- of the Senator from Kentucky (Mr. Whereas the members of the crew of the retary shall establish and administer a grant BUNNING) was added as a cosponsor of battleship U.S.S. Alabama (BB–60) during program to fund the gathering of such infor- S. 343, a bill to amend the Internal World War II were a courageous group who mation. Revenue Code of 1986 to allow a deduc- ‘‘(f) In this section: braved both Arctic chill and Pacific heat to help defend our great country against enemy tion for 100 percent of the health insur- ‘‘(1) The term ‘bottled water’ means all ance costs of self-employed individuals. water sold in the United States that— oppression; ‘‘(A) is intended for human consumption; Whereas the U.S.S. Alabama crewed by S. 348 ‘‘(B) is sealed in bottles or other con- those men was awarded nine battle stars and At the request of Ms. SNOWE, the tainers; and shot down 22 enemy aircraft; and names of the Senator from Rhode Is- ‘‘(C) may be still or carbonated, but has no Whereas the U.S.S. Alabama Crewmen’s land (Mr. REED) and the Senator from Association is holding its annual reunion on sweeteners or juices added to the water, ex- North Carolina (Mr. HELMS) were added cept for trace levels of flavorings. April 15 to 18, 1999: Now, therefore, be it as cosponsors of S. 348, a bill to author- Resolved by the Senate and House of Rep- ‘‘(2) The term ‘contaminant’ means any ize and facilitate a program to enhance physical, chemical, biological, or radio- resentatives of the United States of America in logical substance or matter in water. Congress assembled, training, research and development, ‘‘(3) The term ‘maximum contaminant SECTION 1. COMMENDATION AND RECOGNITION energy conservation and efficiency, level’ has the meaning given the term in sec- OF CREWMEN OF THE U.S.S. ALA- and consumer education in the oilheat tion 1401 of the Safe Drinking Water Act (42 BAMA. industry for the benefit of oilheat con- U.S.C. 300f). The United States honors the 6,300 persons sumers and the public, and for other ‘‘(4) The term ‘maximum contaminant who were members of the U.S.S. Alabama’s purposes. level goal’ means a goal established by the crew during World War II, commends and S. 353 Administrator under section 1412 of the Safe thanks them for their sacrifice and service in Drinking Water Act (42 U.S.C. 300g-1). the defense of the United States, and recog- At the request of Mr. GRASSLEY, the ‘‘(5) The term ‘regulated contaminant’ nizes those among them who are assembling name of the Senator from Alabama means a contaminant that is regulated under April 15 to 18, 1999, as the U.S.S. Alabama (Mr. SESSIONS) was added as a cospon- section 1412 of the Safe Drinking Water Act Crewmen’s Association on the occasion of sor of S. 353, a bill to provide for class (42 U.S.C. 300g-1). the association’s 1999 annual reunion. action reform, and for other purposes. April 13, 1999 CONGRESSIONAL RECORD — SENATE S3653

S. 380 S. 537 INOUYE) and the Senator from New Jer- At the request of Mr. BAUCUS, the At the request of Mr. LUGAR, the sey (Mr. TORRICELLI) were added as co- name of the Senator from New Jersey name of the Senator from Arkansas sponsors of S. 662, a bill to amend title (Mr. TORRICELLI) was added as a co- (Mrs. LINCOLN) was added as a cospon- XIX of the Social Security Act to pro- sponsor of S. 380, a bill to reauthorize sor of S. 537, a bill to amend the Inter- vide medical assistance for certain the Congressional Award Act. nal Revenue Code of 1986 to adjust the women screened and found to have S. 414 exemption amounts used to calculate breast or cervical cancer under a feder- At the request of Mr. GRASSLEY, the the individual alternative minimum ally funded screening program. name of the Senator from Nebraska tax for inflation since 1993. S. 664 (Mr. KERREY) was added as a cosponsor S. 581 At the request of Mr. CHAFEE, the of S. 414, a bill to amend the Internal At the request of Mr. SPECTER, the name of the Senator from Maryland Revenue Code of 1986 to provide a 5- name of the Senator from Pennsyl- (Mr. SARBANES) was added as a cospon- year extension of the credit for pro- vania (Mr. SANTORUM) was added as a sor of S. 664, a bill to amend the Inter- ducing electricity from wind, and for cosponsor of S. 581, a bill to protect the nal Revenue Code of 1986 to provide a other purposes. Paoli and Brandywine Battlefields in credit against income tax to individ- S. 459 Pennsylvania, to authorize a Valley uals who rehabilitate historic homes or At the request of Mr. HATCH, the Forge Museum of the American Revo- who are the first purchasers of reha- names of the Senator from Alabama lution at Valley Forge National Histor- bilitated historic homes for use as a (Mr. SESSIONS) and the Senator from ical Park, and for other purposes. principal residence. South Dakota (Mr. DASCHLE) were S. 607 S. 693 added as cosponsors of S. 459, a bill to At the request of Mr. CRAIG, the At the request of Mr. HELMS, the amend the Internal Revenue Code of name of the Senator from Oregon (Mr. name of the Senator from New Hamp- 1986 to increase the State ceiling on shire (Mr. SMITH) was added as a co- private activity bonds. SMITH) was added as a cosponsor of S. 607, a bill to reauthorize and amend the sponsor of S. 693, a bill to assist in the S. 472 National Geologic Mapping Act of 1992. enhancement of the security of Tai- At the request of Mr. GRASSLEY, the S. 628 wan, and for other purposes. names of the Senator from Alabama S. 706 (Mr. SHELBY), the Senator from Utah At the request of Mr. ROCKEFELLER, the name of the Senator from Cali- At the request of Ms. SNOWE, the (Mr. HATCH), the Senator from Arkan- names of the Senator from New Jersey sas (Mr. HUTCHINSON), and the Senator fornia (Mrs. FEINSTEIN) was added as a (Mr. LAUTENBERG) and the Senator from Pennsylvania (Mr. SANTORUM) cosponsor of S. 628, a bill to amend ti- from Vermont (Mr. LEAHY) were added were added as cosponsors of S. 472, a tles XVIII and XIX of the Social Secu- rity Act to expand and clarify the re- as cosponsors of S. 706, a bill to create bill to amend title XVIII of the Social a National Museum of Women’s His- Security Act to provide certain medi- quirements regarding advance direc- tory Advisory Committee. care beneficiaries with an exemption to tives in order to ensure that an individ- S. 712 the financial limitations imposed on ual’s health care decisions are com- physical, speech-language pathology, plied with, and for other purposes. At the request of Mr. LOTT, the names of the Senator from Arizona and occupational therapy services S. 631 (Mr. MCCAIN), the Senator from under part B of the medicare program, At the request of Mr. DEWINE, the Vermont (Mr. JEFFORDS), the Senator and for other purposes. name of the Senator from Mississippi from Georgia (Mr. CLELAND), and the S. 511 (Mr. COCHRAN) was added as a cospon- Senator from Indiana (Mr. LUGAR) were At the request of Mr. MCCAIN, the sor of S. 631, a bill to amend the Social added as cosponsors of S. 712, a bill to names of the Senator from Massachu- Security Act to eliminate the time amend title 39, United States Code, to setts (Mr. KERRY) and the Senator from limitation on benefits for immuno- allow postal patrons to contribute to Vermont (Mr. JEFFORDS) were added as suppressive drugs under the medicare funding for highway-rail grade crossing cosponsors of S. 511, a bill to amend the program, to provide continued entitle- safety through the voluntary purchase Voting Accessibility for the Elderly ment for such drugs for certain individ- of certain specially issued United and Handicapped Act to ensure the uals after medicare benefits end, and to States postage stamps. equal right of individuals with disabil- extend certain medicare secondary ities to vote, and for other purposes. payer requirements. S. 729 At the request of Mr. CRAIG, the S. 512 S. 632 name of the Senator from Alabama At the request of Mr. GORTON, the At the request of Mr. DEWINE, the (Mr. SESSIONS) was added as a cospon- names of the Senator from Maryland name of the Senator from New Jersey (Mr. SARBANES) and the Senator from sor of S. 729, a bill to ensure that Con- (Mr. LAUTENBERG) was added as a co- gress and the public have the right to New York (Mr. SCHUMER) were added as sponsor of S. 632, a bill to provide as- cosponsors of S. 512, a bill to amend the participate in the declaration of na- sistance for poison prevention and to tional monuments on federal land. Public Health Service Act to provide stabilize the funding of regional poison S. 757 for the expansion, intensification, and control centers. coordination of the activities of the At the request of Mr. LUGAR, the S. 642 Department of Health and Human name of the Senator from Illinois (Mr. Services with respect to research on At the request of Mr. GRASSLEY, the DURBIN) was added as a cosponsor of S. autism. name of the Senator from Wyoming 757, a bill to provide a framework for (Mr. THOMAS) was added as a cosponsor S. 531 consideration by the legislative and ex- of S. 642, a bill to amend the Internal At the request of Mr. ABRAHAM, the ecutive branches of unilateral eco- Revenue Code of 1986 to provide for names of the Senator from Pennsyl- nomic sanctions in order to ensure co- Farm and Ranch Risk Management Ac- vania (Mr. SPECTER), the Senator from ordination of United States policy with counts, and for other purposes. Florida (Mr. MACK), the Senator from respect to trade, security, and human California (Mrs. FEINSTEIN), the Sen- S. 655 rights. ator from South Dakota (Mr. JOHNSON), At the request of Mr. LOTT, the name S. 761 the Senator from Oklahoma (Mr. NICK- of the Senator from Wyoming (Mr. At the request of Mr. ABRAHAM, the LES), the Senator from Minnesota (Mr. THOMAS) was added as a cosponsor of S. name of the Senator from Mississippi GRAMS), the Senator from Idaho (Mr. 655, a bill to establish nationally uni- (Mr. LOTT) was added as a cosponsor of CRAPO), and the Senator from Missouri form requirements regarding the ti- S. 761, a bill to regulate interstate (Mr. BOND) were added as cosponsors of tling and registration of salvage, non- commerce by electronic means by per- S. 531, a bill to authorize the President repairable, and rebuilt vehicles. mitting and encouraging the continued to award a gold medal on behalf of the S. 662 expansion of electronic commerce Congress to Rosa Parks in recognition At the request of Mr. CHAFEE, the through the operation of free market of her contributions to the Nation. names of the Senator from Hawaii (Mr. forces, and for other purposes. S3654 CONGRESSIONAL RECORD — SENATE April 13, 1999

S. 767 SENATE RESOLUTION 72 the quality of education provided by local At the request of Mr. JOHNSON, his At the request of Mr. TORRICELLI, the schools, and place a significant burden on name was added as a cosponsor of S. names of the Senator from Oklahoma State and local taxpayers; Whereas if the appropriation for part B of 767, a bill to amend the Internal Rev- (Mr. INHOFE), the Senator from New the Individuals with Disabilities Education enue Code of 1986 to provide a 2-month York (Mr. SCHUMER), the Senator from Act (20 U.S.C. 1411 et seq.) exceeds extension for the due date for filing a New York (Mr. MOYNIHAN), the Senator $4,924,672,200 for a fiscal year, the State fund- tax return for any member of a uni- from Ohio (Mr. DEWINE), the Senator ing formula will shift from one based solely formed service on a tour of duty out- from Minnesota (Mr. WELLSTONE), the on the number of children with disabilities side the United States for a period Senator from Virginia (Mr. WARNER), in the State to one based on 85 percent of the which includes the normal due date for and the Senator from Florida (Mr. children ages 3 to 21 living in the State and 15 percent based on children living in pov- such filing. MACK) were added as cosponsors of Sen- erty in the State, enabling States to under- At the request of Mr. COVERDELL, the ate Resolution 72, a resolution desig- take good practices for addressing the learn- name of the Senator from Colorado nating the month of May in 1999 and ing needs of more children in the regular (Mr. ALLARD) was added as a cosponsor 2000 as ‘‘National ALS Awareness education classroom and reduce over identi- of S. 767, supra. Month.’’ fication of children who may not need to be SENATE RESOLUTION 22 f referred to special education; Whereas the Individuals with Disabilities At the request of Mr. CAMPBELL, the SENATE CONCURRENT RESOLU- name of the Senator from Kentucky Education Act has been successful in achiev- TION 25—URGING THE CONGRESS ing significant increases in the number of (Mr. MCCONNELL) was added as a co- AND THE PRESIDENT TO FULLY children with disabilities who receive a free, sponsor of Senate Resolution 22, a reso- FUND THE FEDERAL GOVERN- appropriate public education; lution commemorating and acknowl- MENT’S OBLIGATION UNDER THE Whereas the current level of Federal fund- edging the dedication and sacrifice ing to States and localities under the Indi- INDIVIDUALS WITH DISABILITIES viduals with Disabilities Education Act is made by the men and women who have ACT lost their lives serving as law enforce- contrary to the goal of ensuring that chil- ment officers. Mr. JEFFORDS (for himself, Mr. dren with disabilities receive a quality edu- GREGG, Ms. COLLINS, Mr. LOTT, Mr. cation; and SENATE RESOLUTION 29 Whereas the Federal Government has DEWINE, Mr. HAGEL, Mr. ENZI, Mr. At the request of Mr. ROBB, the failed to appropriate 40 percent of the na- names of the Senator from California BROWNBACK, Mr. HATCH, Mr. ASHCROFT, tional average per pupil expenditure per and Mr. COVERDELL) submitted the fol- (Mrs. BOXER), the Senator from West child with a disability as required under the lowing concurrent resolution; which Virginia (Mr. BYRD), the Senator from Individuals with Disabilities Education Act was referred to the Committee on to assist States and localities to educate South Dakota (Mr. DASCHLE), the Sen- Health, Education, Labor, and Pen- children with disabilities: Now, therefore, be ator from Ohio (Mr. DEWINE), the Sen- sions: it ator from North Dakota (Mr. DORGAN), Resolved by the Senate (the House of Rep- S. CON. RES. 25 the Senator from North Carolina (Mr. resentatives concurring), That the Congress HELMS), the Senator from Massachu- Whereas all children deserve a quality edu- and the President— setts (Mr. KERRY), the Senator from cation, including children with disabilities; (1) should, working within the constraints Whereas Pennsylvania Association for Re- Michigan (Mr. LEVIN), the Senator of the balanced budget agreement, give pro- tarded Children v. Commonwealth of Penn- grams under the Individuals with Disabil- from New York (Mr. MOYNIHAN), the sylvania, 334 F. Supp. 1247 (E. Dist. Pa. 1971), ities Education Act (20 U.S.C. 1400 et seq.) Senator from Alaska (Mr. MURKOWSKI), and Mills v. Board of Education of the Dis- the highest priority among Federal elemen- the Senator from Washington (Mrs. trict of Columbia, 348 F. Supp. 866 (Dist. D. tary and secondary education programs by MURRAY), and the Senator from Nevada C. 1972), found that children with disabilities meeting the commitment to fund the max- (Mr. REID) were added as cosponsors of are guaranteed an equal opportunity to an imum State grant allocation for educating Senate Resolution 29, a resolution to education under the 14th amendment to the children with disabilities under such Act designate the week of May 2, 1999, as Constitution; prior to authorizing or appropriating funds Whereas the Congress responded to these for any new education initiative; and ‘‘National Correctional Officers and court decisions by passing the Education for Employees Week.’’ (2) should meet the commitment described All Handicapped Children Act of 1975 (en- in paragraph (1) while retaining the commit- SENATE RESOLUTION 33 acted as Public Law 94–142), now known as ment to fund existing Federal education pro- At the request of Mr. MCCAIN, the the Individuals with Disabilities Education grams that increase student achievement. Act (20 U.S.C. 1400 et seq.), to ensure a free, names of the Senator from Missouri Mr. JEFFORDS. Mr. President, (Mr. ASHCROFT), the Senator from Ha- appropriate public education for children with disabilities; today, joined by many of my col- waii (Mr. INOUYE), the Senator from Whereas the Individuals with Disabilities leagues, I am submitting a Senate con- North Dakota (Mr. CONRAD), the Sen- Education Act provides that the Federal, current resolution calling for a delay ator from Maryland (Mr. SARBANES), State, and local governments are to share in in authorizing or appropriating of the Senator from Wisconsin (Mr. the expense of educating children with dis- funds for new educational initiatives KOHL), the Senator from Idaho (Mr. abilities and commits the Federal Govern- until we fully fund IDEA, the Individ- CRAIG), the Senator from Maine (Ms. ment to pay up to 40 percent of the national uals with Disabilities Education Act. SNOWE), and the Senator from Con- average per pupil expenditure for children with disabilities; My colleague, Representative GOOD- necticut (Mr. LIEBERMAN) were added LING, is introducing a companion reso- as cosponsors of Senate Resolution 33, Whereas the Federal Government has pro- vided only 9, 11, and 12 percent of the max- lution in the House today as well. a resolution designating May 1999 as imum State grant allocation for educating In 1975 Congress made a commitment ‘‘National Military Appreciation children with disabilities under the Individ- to contribute up to 40 percent of the Month.’’ uals with Disabilities Education Act in the national average per pupil expenditure SENATE RESOLUTION 34 last 3 years, respectively; (APPE) for each child with a disability At the request of Mr. TORRICELLI, the Whereas the national average cost of edu- being educated by our Nation’s schools. names of the Senator from North Caro- cating a special education student ($13,323) is more than twice the national average per We are nowhere close to that target of lina (Mr. EDWARDS), the Senator from pupil cost ($6,140); 40 percent. We are committed to Nebraska (Mr. KERREY), the Senator Whereas research indicates that children achieving that target, and until we do from Hawaii (Mr. AKAKA), the Senator who are effectively taught, including effec- reach the target, we should refrain from Hawaii (Mr. INOUYE), the Senator tive instruction aimed at acquiring literacy from undertaking major new education from South Dakota (Mr. DASCHLE), the skills, and who receive positive early inter- commitments. Senator from Alaska (Mr. MURKOWSKI), ventions demonstrate academic progress, According to the latest estimates and the Senator from North Dakota and are significantly less likely to be re- from the Department of Education, ferred to special education; (Mr. DORGAN) were added as cosponsors this school year there are 6.1 million Whereas the high cost of educating chil- of Senate Resolution 34, a resolution dren with disabilities and the Federal Gov- children with disabilities being served designating the week beginning April ernment’s failure to fully meet its obligation by our Nation’s schools. States and 30, 1999, as ‘‘National Youth Fitness under the Individuals with Disabilities Edu- local communities are spending $72.9 Week.’’ cation Act drain school budgets, jeopardize billion of non-federal dollars to educate April 13, 1999 CONGRESSIONAL RECORD — SENATE S3655 these children. The federal contribu- and Natural Resources, U.S. Senate, COMMITTEE ON COMMERCE, SCIENCE, AND tion available to use in this school year Washington, D.C. 20510. TRANSPORTATION is $3.8 billion. That level of funding COMMITTEE ON INDIAN AFFAIRS Mr. DOMENICI. Mr. President, I ask represents 10.8 percent of the national Mr. CAMPBELL. Mr. President, I unanimous consent that the Com- average per pupil expenditure for each would like to announce that the Senate mittee on Commerce, Science, and child with a disability. That represents Committee on Indian Affairs will meet Transportation be allowed to meet on a mere $635.83 per child. It’s time to de- during the session of the Senate on Tuesday, April 13, 1999, at 9:30 a.m. on liver on the missing 29.2 percent. Wednesday, April 14, 1999, at 1:45 p.m. Telco/Broadband. In a letter of March 24, 1999, the Na- to conduct an oversight hearing on The PRESIDING OFFICER. Without tional School Boards Association urges welfare reform implementation in In- objection, it is so ordered. us to increase funding for IDEA by $2.1 dian country. The hearing will be held COMMITTEE ON FINANCE billion a year for the next ten years. It in room 485 of the Russell Senate Office Mr. DOMENICI. Mr. President, the reports that 38 cents of every new tax Building. Finance Committee requests unani- dollar is being spent on special edu- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND mous consent to conduct a hearing on cation. Local school districts des- MANAGEMENT Tuesday, April 13, 1999 beginning at 10 perately need our help. If IDEA had Mr. CRAIG. Mr. President, I would a.m. in room 215 Dirksen. been fully funded in fiscal year 1999, like to announce for the public that a The PRESIDING OFFICER. Without my State, Vermont, would have re- hearing previously announced has been objection, it is so ordered. ceived $20 million more than the $5.7 rescheduled before the Subcommittee COMMITTEE ON FOREIGN RELATIONS million it will receive this July 1. on Forests and Public Land Manage- Mr. DOMENICI. Mr. President, I ask By putting our urge to create and ment of the Senate Committee on En- unanimous consent that the Com- fund new initiatives on hold and by fo- ergy and Natural Resources. mittee on Foreign Relations be author- cusing on increased funding for IDEA The hearing scheduled for Wednes- ized to meet during the session of the as our first priority, we will be giving day, April 14, 1999, at 2 in room SD–366 Senate on Tuesday, April 13, 1999 at 2:30 relief to school districts, resources to of the Dirksen Senate Office Building p.m. to hold a hearing. teachers, hope to parents, and opportu- in Washington, D.C. has been canceled. The PRESIDING OFFICER. Without nities to children with disabilities. Alternatively, the hearing will take objection, it is so ordered. Please join us in cosponsoring this place on Wednesday, April 28, 1999, at 2 COMMITTEE ON VETERANS’ AFFAIRS important resolution. p.m. in room SD–366 of the Dirksen Mr. DOMENICI. Mr. President, the f Senate Office Building in Washington, Committee on Veterans’ Affairs would AMENDMENTS SUBMITTED D.C. like to request unanimous consent to The purpose of this hearing is to re- hold a hearing on the reductions in ceive testimony on S. 415, a bill to force in the Veterans Health Adminis- CONCURRENT RESOLUTION ESTAB- amend the Arizona Statehood and Ena- tration (VHA) of the Department of LISHING THE CONGRESSIONAL bling Act in order to protect the per- Veterans Affairs. BUDGET FOR THE UNITED manent trust funds of the State of Ari- The hearing will be held on Tuesday, STATES GOVERNMENT zona from erosion due to inflation and April 13, 1999, at 2:30 p.m., in room 418 modify the basis on which distributions of the Russell Senate Office Building. are made from the funds, and S. 607, a The PRESIDING OFFICER. Without DOMENICI AMENDMENT NO. 252 bill to reauthorize and amend the Na- objection, it is so ordered. Mr. DOMENICI proposed an amend- tional Geologic Mapping Act of 1992. SUBCOMMITTEE ON ANTITRUST, BUSINESS ment to the motion to instruct con- Those who wish to submit written RIGHTS, AND COMPETITION ferees proposed by Mr. KENNEDY to the statements should write to the Com- Mr. DOMENICI. Mr. President, I ask concurrent resolution (H. Con. Res. 68) mittee on Energy and Natural Re- unanimous consent that the Sub- establishing the congressional budget sources, U.S. Senate, Washington, D.C. committee on Antitrust, Business for the United States Government for 20510. For further information, please Rights, and Competition, of the Senate fiscal year 2000 and setting forth appro- call Amie Brown or Mike Menge (202) Judiciary Committee, be authorized to priate budgetary levels for each of fis- 224–6170. hold a hearing during the session of the Senate on Tuesday, April 13, 1999 at 10 cal years 2001 through 2009; as follows: f At the end add the following in the con- a.m. in room 226 of the Senate Dirksen Office Building, on: ‘‘S. 467, the Anti- ference report; AUTHORITY FOR COMMITTEES TO (1) amendment #176, offered in the Senate trust Merger Review Act: Accelerating MEET by Senator Roth and Breaux, regarding FCC Review of Mergers.’’ Medicare reform; and COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without (2) Section 209 of the Senate-passed resolu- Mr. DOMENICI. Mr. President, I ask objection, it is so ordered. tion, offered in the Budget Committee by unanimous consent that the Com- Senator Snowe and Wyden, regarding the use SUBCOMMITTEE ON READINESS AND of on-budget surpluses for a prescription mittee on Armed Services be author- MANAGEMENT drug benefit. ized to meet at 9:30 a.m. on Tuesday, Mr. DOMENICI. Mr. President, I ask f April 13, 1999, in open session, to re- unanimous consent that the Sub- ceive testimony from the unified com- committee on Readiness and Manage- NOTICES OF HEARINGS manders on their military strategy and ment Support of the Committee on COMMITTEE ON ENERGY AND NATURAL operational requirements in review of Armed Services be authorized to meet RESOURCES the fiscal year 2000 Defense Authoriza- at 3:30 p.m. on Tuesday, April 13, 1999, Mr. MURKOWSKI. Mr. President, I tion Request and Future Years Defense in open session, to receive testimony would like to announce that a closed program. on Department of Defense land with- hearing has been scheduled before the The PRESIDING OFFICER. Without drawals and environmental programs Committee on Energy and Natural Re- objection, it is so ordered. in review of the defense authorization sources. This hearing is titled: ‘‘Dam- COMMITTEE ON ARMED SERVICES request for fiscal year 2000 and the Fu- age to the National Security from Chi- Mr. DOMENICI. Mr. President, I ask ture Years Defense Program. nese Espionage at DOE Nuclear Weap- unanimous consent that the Com- The PRESIDING OFFICER. Without ons Laboratories.’’ mittee on Armed Services be author- objection, it is so ordered. The hearing will take place on ized to meet on Tuesday, April 13, 1999, SUBCOMMITTEE ON THE CONSTITUTION, Wednesday, April 14, 1999, at 9:30 a.m. at 2:30 p.m., in closed/open session, to FEDERALISM AND PROPERTY RIGHTS in room 219 of the Hart Senate Office review submarine warfare in the 21st Mr. DOMENICI. Mr. President, I ask Building in Washington, D.C. century. unanimous consent that the Sub- Those who wish further information The PRESIDING OFFICER. Without committee on the Constitution, Fed- may write to the Committee on Energy objection, it is so ordered. eralism and Property Rights of the S3656 CONGRESSIONAL RECORD — SENATE April 13, 1999 Committee on the Judiciary, be au- staff to determine what the ideal ele- journey. Mick returned to Hawaii last thorized to hold an executive business mentary school could look like. After summer and put to sea in Reach on meeting during the session of the Sen- many meetings, surveys, and discus- July 18, 1998 rowing for the Gilbert Is- ate on Tuesday, April 13, 1999, at 2 p.m., sions, the school chose to make a series lands, about 2500 miles southwest of in room 226 of the Senate Dirksen Of- of reforms including: requiring uni- Hawaii and halfway point between Ha- fice Building. forms for all students in grades K–5; in- waii and Australia. On September 22, The PRESIDING OFFICER. Without cluding curriculum in every classroom 1998, 66 days and more than 2200 miles objection, it is so ordered. about various positive character traits from Hawaii, Mick made landfall on f like honesty, generosity and integrity; Majuro in the Marshall Islands, a bit ADDITIONAL STATEMENTS requiring parent compacts for partici- north of his intended destination in the pation in their children’s education; Gilberts. Mick is now happily home in and eventually implementing strong California with his family preparing TRIBUTE TO CAL RIPKEN, SR. fine arts programs. for his next leg to the north central ∑ Ms. MIKULSKI. Mr. President, on With this innovative new structure, coast of Australia; another 2500 mile March 25, the game of baseball experi- Oak Harbor Elementary attracted over row. enced a tremendous loss when former 200 student transfers from other Mick Bird, a former U.S. Air Force Baltimore Orioles’ manager, coach and schools including private schools and officer, is of Pacific Island descent and minor-league player Cal Ripken, Sr., home-schooled children in the area. has family ties to the State of Hawaii. passed away at the age of 63. The Oak Harbor ‘‘school of choice’’ is His voyage is more formally known as Cal Ripken, Sr. was a monumental now in its second semester under the Trans-Oceanic, which is the name of figure in Baltimore’s baseball heritage. new plan. Staff and parents are highly the non-profit organization sponsoring For nearly four decades, Cal Sr. was enthusiastic over the improved dis- this attempt at the world’s first solo the heart of the Baltimore Orioles’ or- cipline, motivation and achievements circumnavigation of the globe by a ganization. He exemplified everything of the entire student body. Ms. rowing vessel. The goals of this expedi- that is good about baseball and about Merwine said she has seen a dramatic tion are, among others, to explore the America—hard work, dedication and change in the students’ attitudes. The limits of the human spirit, to raise integrity. He taught his sons, Cal student body at Oak Harbor Elemen- awareness about ocean ecosystems, to Ripken, Jr. and Bill Ripken, to play tary has increased by 230, yet Ms. be an example of individual achieve- baseball when they were young and in- Merwine said suspensions and discipli- ment as well as teamwork, and to gen- spired in them his own legendary love nary incidents decreased dramatically. erate support for the National Tuber- of our national pastime. She gave one example of how the uni- ous Sclerosis Association. The expedi- In 1987, Cal Sr. was named manager forms have brought down artificial bar- tion is also using its World Wide Web of the Orioles, and became the first fa- riers between students. Last year, a sites (www.naau.com and ther to manage two sons simulta- kindergartener frequently asked Ms. www.goals.com/transrow) to create a neously at the major league level. Merwine or a teacher to play with her, direct link between Mick’s vessel Ripken Sr. retired in 1992, having spent claiming the other children wouldn’t. Reach and educators and students to 36 years with the Orioles’ organization. Ms. Merwine eventually observed an- share experiences and practical appli- I will never forget going to the ball other student telling the girl she cations of math, science and geog- park, year after year, and seeing the wouldn’t play with her because she raphy. competitive fire Cal Ripken Sr. wasn’t wearing the ‘‘right brand of I would like to congratulate Mr. Bird brought to the Orioles. He knew how to jeans.’’ This year, on the first day of on his very impressive accomplish- bring out the best in the players he school, Ms. Merwine said she saw the ments to this point, and to express my coached and managed. same two girls—now in 1st grade and good wishes for the safety and success Cal Ripken, Sr. will be remembered wearing nearly identical uniforms— of the rest of this voyage around the for what he instilled in his family, in happily playing in the school yard. world. I also wish to commend him and Baltimore and in all of us: work hard, I hope my colleagues will recognize Trans-Oceanic for enhancing public show up every day, and always give it the importance educators like Glenda awareness and education. I encourage everything you’ve got. His spirit will Merwine, and the exciting things hap- my colleagues to have a look at Trans- live forever in the hearts of every pening in our local schools when they Oceanic’s web sites and share them Baltimore Oriole and every Oriole fan.∑ are given the freedom to innovate. I for with educators at home to follow along f one, want to do all I can to increase with this amazing journey.∑ their flexibility and resources so local f RECOGNIZING INNOVATIVE EDU- educators—our parents, teachers, prin- CATION AT OAK HARBOR ELE- cipals, school board members and su- TRIBUTE TO EDITH SCHMIDTCHEN MENTARY SCHOOL perintendents—can continue to make ON HER RETIREMENT ∑ Mr. GORTON. Mr. President, today I the best decisions about the education ∑ Mr. SMITH of New Hampshire. Mr. would like to recognize a school in Oak of our children.∑ President, I rise today to pay tribute Harbor, Washington for their wonderful f to Edith (‘‘Edie’’) Schmidtchen on her success in becoming a ‘school of retirement as the Town Clerk for Bed- choice.’ Oak Harbor Elementary is an- MICHAEL ‘‘MICK’’ BIRD AND THE ford, New Hampshire after thirty-five other shining example for why I began TRANS-OCEANIC ROWING EXPE- years of service. She has had an excep- my ‘‘Innovation in Education Award’’ DITION tionally distinguished career with the program—to highlight to my col- ∑ Mr. INOUYE. Mr. President, I rise Town of Bedford. leagues in the good things that are today to bring my colleagues’ atten- Edie began her career in Bedford as happening in education at the local tion to a very exciting expedition. In the Assistant to the Town Clerk. She level. September 1998, Mr. Michael ‘‘Mick’’ was promoted and served as the Deputy When Oak Harbor Elementary under- Bird completed the second leg of an un- Town Clerk and then served as the went a massive remodel of its north precedented 24,000 mile voyage around Town Clerk for twenty-one years. Her annex, originally built in 1934, it had the world. On August 19, 1997, Mick dedication to the Town and the State the opportunity to add 200 more stu- Bird started rowing out to sea from of New Hampshire is truly admirable. dents to its student body. Rather than Fort Bragg, California in his vessel Edie has also been very active in the change attendance boundary areas, the Reach. After 66 days of rowing, on Oc- community during her time in the school board and superintendent saw it tober 23, 1997, Mick arrived in Hilo Bay Town Clerk’s office. She has been a vol- as an opportunity to make it a magnet on the Big Island of Hawaii. unteer teacher for the Bedford Moth- school to draw students from the most After putting the Reach in drydock er’s Club, an active member of the Bed- crowded schools in the district. in Hawaii, Mick returned to his home ford Presbyterian Church, and Sec- Over the course of a year, Principal base in California to raise support and retary of the Town of Bedford Planning Glenda Merwine met with parents and prepare for the next leg of his historic Board. She has also participated in April 13, 1999 CONGRESSIONAL RECORD — SENATE S3657 many other activities that have TRIBUTE TO BRAVE GEORGIAN open and enlightened society. They are bettered her community. RESCUERS the only public agencies in which the My thoughts and best wishes are with ∑ Mr. COVERDELL. Mr. President, I services rendered are intended for, and Edie, her children and her grand- rise today to recognize three Georgians available to, every segment of our soci- children for success in their future en- who went above and beyond the call of ety. deavors. Once again, I congratulate her duty in a daring rescue mission yester- It has been my longstanding view on her retirement and thank her for day. We watched with awe as Robert that libraries play an indispensable her thirty-five years of continual serv- Clines, Larry Rogers and Matt Mosely role in our communities. From modest ice to the Town of Bedford. It is an successfully rescued Ivers Sims, a con- beginnings in the mid-19th century, to- honor to represent her in the United struction worker who found himself day’s libraries provide well-stocked ref- States Senate.∑ suspended some 180-feet in the air erence centers and wide-ranging loan f trapped by a raging fire. services based on a system of branches, Roger Clines, a Georgia Department often further supplemented by travel- TRIBUTE TO MR. CARL D. ling libraries serving outlying dis- SOMMERS of Natural Resources pilot, and his navigator Larry Rogers negotiated tricts. Libraries promote the reading of ∑ Mr. TORRICELLI. Mr. President, I their helicopter through treacherous books among adults, adolescents, and rise today to recognize Carl D. children and provide the access and re- Sommers, a true leader and a dedicated wind, smoke and fire, as Atlanta fire- fighter Matt Mosely dangled on a rope sources to allow citizens to obtain reli- spokesman for New Jersey’s labor able information on a vast array of movement. He has served the many to rescue Mr. Sims—a dramatic and he- roic scene. topics. members of organized labor in my Libraries gain even further signifi- I want to take a moment to recognize home state for over 25 years and at his cance in this age of rapid technological and honor the teamwork, dedication retirement, he is to be honored for his advancement where they are called and bravery that resulted in this suc- contributions to the Sheet Metal upon to provide not only books and cessful rescue mission. These three Workers Union. periodicals, but many other valuable men, in the true spirit of heroism, Born and raised in Lawrence Town- resources as well. In today’s society, li- risked their lives for the sake of a fel- ship, New Jersey, Carol graduated from braries provide audio-visual materials, low human being. the Trenton High Vocational Sheet computer services, internet access ter- Addtiionally, I would like to take Metal Program. He began his career by minals, facilities for community lec- this opportunity to honor and pay trib- serving a four-year apprenticeship with tures and performances, tapes, records, ute to all of Atlanta’s firefighters, the Sheet Metal Workers Local #27, where videocassettes, and works of art for ex- Atlanta police officers, Sheriff’s depu- he has remained a member until this hibit and loan to the public. In addi- ties, and the Cabbagetown residents day. He has served his union as a local tion, special facilities libraries provide themselves, who worked together to Union Shop Steward, Trustee, Execu- services for older Americans, people fight the massive fire that engulfed the tive Board Member, and as a member of with disabilities, and hospitalized citi- historic cotton mill. Our firefighters, the Joint Apprenticeship Training zens. Fund. Carl also served as a Trustee of facing shortages of equipment and per- Of course, libraries are not merely the Education Fund, monitoring and sonnel, heroically fought and contained passive repositories of materials. They managing the Financial Training Fa- a fire that could have destroyed an his- are engines of learning—the place cility and Teacher programs. As a toric neighborhood currently being re- where a spark is often struck for dis- member of the Supplemental Unem- vitalized. Residents at home during the advantaged citizens who for whatever ployment Fund Board, Carl has helped fire helped by rescuing neighbors’ pets, reason have not had exposure to the his union colleagues during periods of and used garden hoses to extinguished vast stores of knowledge available. I unemployment. burning debris. have the greatest respect for those in- Carl was elected as Business Rep- As devastating as it was for residents dividuals who are members of the li- resentative of Local 27 in 1990. In this of Atlanta’s Cabbagetown to watch this brary community and work so hard to new position, he adeptly represented historic landmark burn, the heroism of ensure that our citizens and commu- the concerns and the welfare of his the day—like Atlanta’s symbol the nities continue to enjoy the tremen- Union in labor disputes and corrected Phoenix—rose from the ashes. Al- dous rewards available through our li- violations of collective bargaining though we mourn the loss of this his- brary system. agreements. He was also responsible for toric landmark, it is good to know that My own State of Maryland has 24 the daily work assignments of all Local we will remember this day not for the public library systems providing a full members and attended labor seminars tragedy that could have been, but for range of library services to all Mary- in an effort to protect the union rights. the heroism that was.∑ land citizens and a long tradition of He has proudly served his members f open and unrestricted sharing of re- by serving on the Contract Negotiating sources. This policy has been enhanced Committee, and attending rallies to NATIONAL LIBRARY WEEK by the State Library Network which garner support for pro-labor legisla- ∑ Mr. SARBANES. Mr. President, this provides interlibrary loans to the tion. He recently became a Trustee of week from April 11–17 we are cele- State’s public, academic, special librar- the New Jersey State Labor Council of brating the 41st anniversary of ‘‘Na- ies and school library media centers. Sheet Metal Workers, a member of tional Library Week.’’ As a strong and The Network receives strong support both the Camden County Building vigorous supporter of Federal initia- from the State Library Resource Cen- Trades Council and the Warren County tives to strengthen and protect librar- ter at the Enoch Pratt Free Library, Building Trades Council. For over two ies, I am pleased to take this oppor- the Regional Library Resource Centers years, Carl has served as Financial Sec- tunity to draw my colleagues’ atten- in Western, Southern, and Eastern retary-Treasurer of the Mercer-Bur- tion to this important occasion and to Shore counties, and a Statewide data- lington Counties and Vicinities Build- take a few moments to reflect on the base of holdings totalling 178 libraries. ing Trades Council. significance of libraries to our nation. The result of this unique joint State- On the eve of his retirement, it When the free public library came County resource sharing is an extraor- brings me great pleasure to recognize into its own in this country in the 19th dinary level of library services avail- the accomplishments of Carl Sommers century, it was, from the beginning, a able to the citizens of Maryland. Mary- and his actions and efforts should be unique institution because of its com- landers have responded to this out- commended. The New Jersey labor mitment to the same principle of free standing service by borrowing more community should be proud to have and open exchange of ideas as the Con- public library materials per person had Carl as a member and should be as- stitution itself. Libraries have always than citizens of almost any other sured that he will continue to monitor been an integral part of all that our State, with 67 percent of the State’s and participate in the labor move- country embodies: freedom of informa- population registered as library pa- ment.∑ tion, an educated citizenry, and an trons. S3658 CONGRESSIONAL RECORD — SENATE April 13, 1999 I have had a close working relation- was recently rated the nation’s top job Carmelo Raimondo, who emigrated ship with members of the Maryland Li- center. The center’s director, Andrew from the Province of Coscenza in brary Association and others involved Carpenter, and his staff have earned Southern Italy, founded Raimondo in the library community throughout top billing for overall training and job Construction with his wife Madeline the State, and I am very pleased to join placement performance. In addition to Battaglia in 1923. In 1942, they moved with them and citizens throughout the winning national and county recogni- to Fort Lee with their two sons Frank nation in this week’s celebration of tion, the Cassadaga Job Corps’ achieve- and Charles. Since that time, numer- ‘‘National Library Week.’’ I look for- ments have also set state records. ous members of the Raimondo family ward to a continued close association Over the past four years, time and have helped build Raimondo Construc- with those who enable libraries to pro- money has been invested in upgrading tion into the pinnacle of success that it vide the unique and vital services Cassadaga Job Corps facilities, includ- is today. Raimondo Construction has available to all Americans.∑ ing construction of an academic and been an integral part of the Fort Lee f training center which opened in 1997. community, and the Raimondos have Upcoming projects include dormitory helped to make Fort Lee the Borough TRIBUTE TO STANLEY J. CHERRY renovations and construction, develop- that it is. ∑ Mr. ABRAHAM. Mr. President, I rise ment of a waste water plant, and re- The Raimondo Family is now spread today to honor Stanley J. Cherry, a modeling of the nursing education throughout Bergen County and across World War I veteran and extraordinary complex. the country, and every member of the citizen of Grand Traverse County, I would like to express my congratu- family continues to be active in their Michigan, who was recently awarded lations to the Cassadaga Job Corps’ 120 community. Whether it is serving the France’s highest tribute, the Legion of staffers and 255 students who have United States in the Navy, caring for Honor. earned the privilege of being named the the sick as a nurse, or shaping the A son of Polish immigrants, Stanley best job training center in the nation, youth of our nation in the Boy Scouts, Cherry enlisted in the United States and my thanks to them for their hard the Raimondo Family has contributed Army in May 1918, after which time he work and dedication.∑ a great deal to society. They have was sent to England with the 330th Sec- f worked on behalf of a diverse pool of civic organizations such as Christie ond Machine Company Battalion where LATIN-AMERICANS FOR SOCIAL he was trained to operate English Muhaw Scholarship Fund, the New Jer- AND ECONOMIC DEVELOPMENT, sey Symphony, the Church of the Good Vickers, French Hodgkiss, and Amer- INC. ican Browning machine guns. He began Shepard, the York Street Project in Mr. LEVIN. Mr. President, I rise his service in France in October of the ∑ Jersey City, the Bergen 200 Club, the today to pay tribute to Latin-Ameri- same year where he remained after the Police Honor League of New Jersey, cans for Social and Economic Develop- signing of the armistice, assigned to se- the Fort Lee Council of Youth and ment, Inc. (LA SED.) LA SED, a re- cure provisions. Community Services, and the Bergen markable organization in my home During his 62 year marriage to his County Catholic Youth Organization. state of Michigan, will celebrate its wife Lucille, the couple owned and op- The Raimondo Family has set a stand- 30th Anniversary on May 5, 1999. ard of community activism that we erated a general store in Elmira, For thirty years now, LA SED has Michigan, for over 30 years. In addition should all strive to meet. served Hispanics and the residents of The story of the Raimondo Family is to running the store they raised two Southwest Detroit through broad-based the story of the American dream. It is daughters, Joanne Hawly and Jeanette social programs. While championing the story of Carmelo Raimondo coming Galbraith, who both currently live in the welfare of the Latino community, to America in search of the oppor- Traverse City, Michigan. it has also addressed the issues that af- tunity that this great country offers. In commemoration of the 80th anni- fect the diverse ethnic populations in The success that the Raimondos have versary of the signing of the armistice, Southwest Detroit. From education to experienced is a testament to the fact the French government chose to honor advocacy and much more, LA SED’s that America is truly the land of op- surviving allied war veterans who far-reaching hand has helped thousands portunity. My grandparents also came fought in France to help defeat the of Detroit’s most deserving citizens to America in search of opportunity, German Army. A representative of the achieve a higher standard of living. and it is this common experience that French Consulate General office in Chi- Over the years, LA SED has grown to has built a bond between myself and cago was present at the February 19th become one of Detroit’s premier multi- the Raimondo Family. ceremony to confer upon Mr. Cherry purpose social service agencies. As it I am proud to recognize the the rank of Chevalier of the National celebrates this important milestone, I Raimondos on this occasion.∑ Order of the Legion of Honor. France’s am sure its staff, friends and sup- f highest honor, the Legion of Honor was porters will have the opportunity to re- founded in 1802 by Napoleon as a way of call its many successes. I am pleased to THE ROCKVILLE HIGH SCHOOL recognizing citizens for their contribu- join with them in thanking LA SED for RAMPAGE tions to France. its efforts while applauding all the ∑ Ms. MIKULSKI. Mr. President, I rise In addition to the Legion of Honor hard work and determination that have to congratulate a group of young con- award, Mr. Cherry was presented a cer- resulted in its prestigious reputation. stituents and journalists at Rockville tificate of merit voted by the Michigan Mr. President, LA SED can take High School’s newspaper, The Ram- Legislature and signed by Governor pride in the many important achieve- page. This year, the students on the Engler. ments of its first thirty years. I hope staff of The Rampage and their jour- Mr. President, Stanley Cherry is an my colleagues will join me in saluting nalism teacher, Kevin Keegan, won rec- outstanding American citizen. In April the accomplishments of LA SED’s first ognition as the best student newspaper he will be celebrating his 103rd birth- three decades and in wishing it contin- in Maryland for the seventh year in a day. I salute him for his many remark- ued success for the future.∑ row. I am proud of these students for able contributions as a veteran and for f putting their minds and their hearts his commitment to his community and into creating a first-rate newspaper for family. I ask my colleagues to join me TRIBUTE TO THE RAIMONDO the Rockville community. in honoring him on being conferred the FAMILY More than 200 years ago, when the rank of Chevalier of the Legion of ∑ Mr. TORRICELLI. Mr. President, I Framers of the United States Constitu- Honor.∑ rise today to recognize the Raimondo tion created the First Amendment, f Family as they are honored by the they recognized and enshrined the im- Fort Lee Chamber of Commerce as portance of a free press in a democratic HONORING CASSADAGA JOB CORPS Family of the Year. The Raimondo society. With its declaration that no ∑ Mr. SCHUMER. Mr. President, I rise name and family are synonymous with law could abridge the freedom of the today to honor the Cassadaga Job the rich history of the Borough of Fort press, the First Amendment also be- Corps in Cassadaga, New York, which Lee. stowed on our Nation’s journalists a April 13, 1999 CONGRESSIONAL RECORD — SENATE S3659 unique and special role. The Nation has knows stood up to segregation by sit- noncredit students each year on three given reporters the awesome responsi- ting down in the front seats of a city different campuses. Dr. Nunley takes bility to help communicate the needs bus in Montgomery, Alabama. It is dif- over the helm from Robert E. Parilla, of the Nation, report on and analyze ficult to adequately put in words the whose two-decade tenure was critical the functioning of government, and courage it took on the part of Ms. to the vision and growth that enabled chronicle the day-to-day events that Parks to oppose decades of institu- Montgomery College to become one of affect our communities. In return, we tionalized racism. It is also hard to de- Maryland’s premier community col- hope those journalists recognize the scribe the pride we feel today in Ms. leges. Not only was Dr. Nunley Mr. importance of their responsibility and Parks’ action, and in how our nation’s Parilla’s personal choice for President, carefully tend their role as stewards of conscience grew, although too slowly, she also has been with Montgomery public information. in response to the bus boycott that fol- College even longer than he, beginning To maintain this profoundly impor- lowed. her involvement six months prior to tant and delicate relationship, it is es- Ms. Parks’ action set off a 382-day the start of the Parilla Presidency. It sential that journalists have strong bus boycott by 40,000 people, which in is, in fact, Dr. Nunley’s longevity that training in writing, investigation, and turn led to a federal court challenge is at the root of her deep and personal ethics. That is why I am so proud of and the end of Montgomery’s seg- dedication to this institution. This ex- The Rampage, its staff, and its advisor. regated buses. The decade of peaceful tensive institutional knowledge also Mr. Keegan is teaching the important protests that followed brought us a gives her the wisdom and credibility to fundamentals of journalism, instilling string of liberating Supreme Court de- formulate a clear vision for the future in these young people the power and cisions and the Civil Rights Act of 1964. growth of Montgomery College as we obligation of a free press, and encour- Today, Ms. Parks, an unassuming approach the new millennium. Dr. Parilla and the Board of Direc- aging them to grow personally and pro- seamstress, stands like a giant in the tors were certainly not the only ones fessionally in the process. Along the history of the 20th century. who felt strongly that Nunley was the way, their hard work and commitment Mr. Oliver W. Hill, an aggressive at- right person for this job. Corporate se- torney for the Civil Rights movement, has earned these young journalists curities advisor Gordon Macklin an- is less well known. But Mr. Hill is no great respect and renown. nounced that he and his wife would be I would like to say a special word of less courageous, and the contributions making a $1.26 million gift to the thanks to The Rampage advisor, Mr. he made to this country deserve much school after Nunley became President. Keegan. He is well-known in Rockville greater recognition. For that reason, This gift, announced on January 27, and across the state for his commit- I’ve asked the President to award him 1999, constitutes the largest single ment to teaching and to his students. the Presidential Medal of Freedom. charitable gift to a Maryland commu- I describe Mr. Hill as ‘‘aggressive’’ As a journalism teacher and advisor for nity college and will provide for the es- because he trained as a warrior in the 20 years and coach of Team Maryland, tablishment of the Gordon and Marilyn cause of justice: he went to law school a state all-star academic team, Mr. Mack in Business Institute. The Keegan embodies all that is great and specifically to overturn Plessy v. Fer- Macklin Institute, expected to open in good about education in America. He guson. His training paid off. He pre- the fall of 1999, will offer an honors pro- inspires students personally, chal- vailed in Alston v. School Board of gram for second-year students who will lenges them academically, and donates City of Norfolk to grant equal pay for be provided with a scholarship, a enormous amounts of energy and time African American teachers. And he de- laptop computer, a summer internship, to give kids the extra attention and en- fended the rights of African American and a faculty and corporate mentor. couragement they need to succeed. In students in Davis v. County School Therefore not only does this Institute 1997, he was recognized statewide when Board of Prince Edward County, which offer an increased business curriculum Hood College in Frederick honored him was one of the five cases decided as and high-tech training to Montgomery with its Maryland Distinguished part of Brown v. The Board of Edu- College students, but it will encourage Teacher award. cation. Sadly, all this success was not strong business students to enroll at Mr. President, I have worked with without cost. Mr. Hill remembers the Montgomery College, and will promote quite a few journalists in my years of terrible telephone calls to his home, economic development in the area. public service. I have been proud that and the cross that was burned on his Additionally, on March 24, 1999, many Maryland reporters and news yard in Richmond. Montgomery College received its sec- outlets have earned national reputa- The courage and accomplishments of ond historic gift since Nunley was tions and honors. But I am uniquely this man and this woman are truly his- named President on January 4 of this proud of The Rampage today because toric and important to our nation. I year. Paul Peek, a computer systems they represent great hope for main- hope we can pass S. 531 quickly to rec- manager from McLean, Virginia do- taining a strong free press and a strong ognize Ms. Parks, and I hope the Presi- nated $1.3 million to the College’s Hu- democratic society. In their ranks we dent will decide very soon to reward manities Institute and Art Depart- may well find some of the next genera- Mr. Hill with the Presidential Medal of ment. This represents the single larg- tion’s Pulitzer Prize winners. I con- Freedom.∑ est individual gift ever to a Maryland gratulate them today on their tremen- f community college, and will be used to dous accomplishments and wish them DR. CHARLENE R. NUNLEY, PRESI- support the ongoing work of both the all the best for their future endeavors. DENT OF MONTGOMERY COL- Humanities Institute and the Depart- Maryland is very proud of them.∑ LEGE ment of Art. In appreciation for this f gift, Montgomery College has named Mr. SARBANES. Mr. President, I rise the Humanities Institute and the MS. ROSA PARKS AND MR. OLIVER today to commemorate the installation Rockville Campus’s Art Building in W. HILL of Dr. Charlene R. Nunley as the new Peck’s name. ∑ Mr. ROBB. Mr. President, I wanted to President of Montgomery College. Dr. Nunley was educated at Pennsyl- say a few words today about two civil After a national search by the College’s vania State University and received a rights leaders to whom this nation Board of Trustees, Dr. Nunley becomes Ph.D. in Educational Policy Studies owes an immense debt of gratitude. Ms. the sixth President of Montgomery from George Washington University. Rosa Parks and Mr. Oliver W. Hill, College, Maryland’s largest community Before joining Montgomery College 26 both, in very distinct ways, took ac- college, founded in 1946. years ago, Dr. Nunley served as Direc- tion that has helped make our children Dr. Nunley has already contributed tor of Institutional Research at How- more free, our society more enlight- enormously to this institution in her ard Community College in Columbia, ened, our culture more enriched. former position as Executive Vice Maryland, and began her career in edu- I was pleased to add my name to the President and Chief Administrative Of- cation at the Potomac State College of list of cosponsors of S. 531, legislation ficer, where she was responsible for a West Virginia University. to award a Congressional Gold Medal $110 million budget, and provided aca- Mr. President, Dr. Nunley’s cre- to Ms. Rosa Parks, who as everyone demic leadership for 40,000 credit and ativity, effectiveness and dedication S3660 CONGRESSIONAL RECORD — SENATE April 13, 1999 have already contributed enormously achievements, both in his career and (b) MEMBERSHIP REQUIREMENTS.—Section to Montgomery College, and have sig- his community. He is a man most de- 4(a)(1) of the Congressional Award Act (2 nificantly furthered the strength of its serving of this award and his actions U.S.C. 803(a)(1)) is amended— links with the local government and should be highly commended. (1) in subparagraphs (A) and (D), by strik- ∑ ing ‘‘member of the Congressional Award As- business communities. I have the ut- f sociation’’ and inserting ‘‘recipient of the most confidence in Dr. Nunley’s ability Congressional Award’’ ; and to lead Montgomery College into the EXECUTIVE SESSION (2) in subparagraphs (B) and (C), by strik- next century, and look forward to ing ‘‘representative of a local Congressional working with her during another suc- Award Council’’ and inserting ‘‘a local Con- EXECUTIVE CALENDAR cessful 20-year tenure.∑ gressional Award program volunteer’’. f Mr. COCHRAN. I ask unanimous con- (c) EXTENSION OF REQUIREMENTS REGARD- sent that the Senate immediately pro- ING FINANCIAL OPERATIONS OF CONGRESSIONAL AWARD PROGRAM; NONCOMPLIANCE WITH RE- TRIBUTE TO MR. MICHAEL A. ceed to executive session to consider FERRARA, JR. QUIREMENTS.—Section 5(c)(2)(A) of the Con- the following nomination on the Exec- gressional Award Act (2 U.S.C. 804(c)(2)(A)) is ∑ Mr. TORRICELLI. Mr. President, I utive Calendar: The Foreign Service amended by striking ‘‘and 1998’’ and insert- rise today to recognize Michael A. Fer- nominee on the Secretary’s desk. I fi- ing ‘‘1998, 1999, 2000, 2001, 2002, 2003, and 2004’’. rara, Jr. as he is honored as an Out- nally ask unanimous consent that the (d) TERMINATION.—Section 9 of the Con- standing Italian American by the Sons nomination be confirmed, the motion gressional Award Act (2 U.S.C. 808) is amend- of Italy organization. Michael has en- to reconsider be laid upon the table, ed by striking ‘‘October 1, 1999’’ and insert- joyed a fruitful legal career, multiple any statements relating to the nomina- ing ‘‘October 1, 2004’’. philanthropic endeavors, and a beau- tion be printed at the appropriate place f tiful family. in the RECORD, the President be imme- NEOTROPICAL MIGRATORY BIRD Michael was born in South Philadel- diately notified of the Senate’s action, CONSERVATION ACT phia to the children of Italian immi- and the Senate then return to legisla- grants. His father worked hard for the tive session. Mr. COCHRAN. Mr. President, I ask Pennsylvania Railroad and his mother The PRESIDING OFFICER. Without unanimous consent that the Senate worked for Wanamakers once Michael objection, it is so ordered. now proceed to the consideration of and his sister, JoAnn, were grown. He The nomination considered and con- Calendar No. 79, S. 148. was raised in this city and stayed close firmed is as follows: The PRESIDING OFFICER. The clerk will report. after graduating high school, attending IN THE FOREIGN SERVICE Villanova University on a NROTC The assistant legislative clerk read Foreign Service nomination of Richard as follows: scholarship. Michael graduated from Lewis Baltimore III, which was received by Villanova with a degree in Mathe- the Senate and appeared in the Congres- A bill (S. 148) to require the Secretary of matics and soon after, began his naval sional Record of January 19, 1999 the Interior to establish a program to pro- vide assistance in the conservation of service. f In the Navy, Michael served aboard neotropical migratory birds. both a submarine and a destroyer, vis- LEGISLATIVE SESSION There being no objection, the Senate iting Ireland, Spain, Italy, Greece, and The PRESIDING OFFICER. Under proceeded to consider the bill. Tunisia. His service was extended to the previous order, the Senate will re- Mr. CHAFEE. Mr. President, I am five years due to the Vietnam War, turn to legislative session. pleased that the Senate is considering S. 148, the Neotropical Migratory Bird which is where he spent his last year. f While in DaNang, Michael taught Conservation Act of 1999, introduced by English to Vietnamese children for the CONGRESSIONAL AWARD ACT Senator ABRAHAM. I am pleased to be a U.S. Information Agency and helped AMENDMENTS cosponsor of this legislation. The bill deliver Marines, tanks, and ammuni- Mr. COCHRAN. I ask unanimous con- would establish a program to provide tion to river bases along the demili- sent that the Senate now proceed to financial assistance for projects to pro- tarized zone. At the age of 23, Michael the consideration of Calendar No. 81, S. mote the conservation of neotropical was in command of a mini-fleet of 25 380. migratory birds in the United States, boats and 250 men. His service in Viet- The PRESIDING OFFICER. The Latin America and the Caribbean. nam was rewarded with several com- clerk will report. Each autumn, some 5 billion birds mendations including the Combat Ac- The assistant legislative clerk read from 500 species migrate between their tion Ribbon, Navy Unit Commenda- as follows: breeding grounds in North America and tions, Vietnam Campaign Medal and tropical habitats in the Caribbean, A bill (S. 380) to reauthorize the Congres- Central and South America. These Vietnam Service Medal with three sional Award Act. bronze stars. neotropical migrants—or New World After completing his military serv- There being no objection, the Senate tropical migrants—are birds that mi- ice, Michael attended law school at the proceeded to consider the bill. grate between the biogeographic region University of San Diego. After gradua- Mr. COCHRAN. I ask unanimous con- stretching across Mexico, Central tion, he began his successful legal ca- sent that the bill be considered read a America, much of the Caribbean, and reer. Michael has been elected Presi- third time and passed, the motion to the northern part of South America. dent of the Association of Trial Law- reconsider be laid upon the table, and The natural challenges facing these yers of America, as well as President of that any statements relating to the migratory birds are profound. These the 2500 member New Jersey Trial Law- bill be printed at the appropriate place challenges have been exacerbated by yer’s Association. He has also served as in the RECORD. human-induced impacts, particularly President of the National Civil Justice The PRESIDING OFFICER. Without the continuing loss of habitat in the Foundation. Recently he was selected, objection, it is so ordered. Caribbean and Latin America. As a re- along with four other attorneys, to rep- The bill (S. 380) was considered read a sult, populations of migratory birds resent the Attorney General of New third time and passed, as follows: have declined generally in recent Jersey in the lawsuit against the to- S. 380 years. bacco industry. Be it enacted by the Senate and House of Rep- While there are numerous efforts un- In addition to his extensive legal ca- resentatives of the United States of America in derway to protect these species and reer, Michael has served his commu- Congress assembled, their habitat, they generally focus on nity through various philanthropic en- SECTION 1. CONGRESSIONAL AWARD ACT specific groups of migratory birds or deavors, including the March of Dimes AMENDMENTS OF 1999. specific regions in the Americas. One (a) CHANGE OF ANNUAL REPORTING DATE.— and the New Jersey State Aquarium’s Section 3(e) of the Congressional Award Act program that stands out for its success education program. As a fellow Italian (2 U.S.C. 802(e)) is amended in the first sen- is Partners in Flight, administered by American it gives me great pleasure to tence by striking ‘‘April 1’’ and inserting the National Fish and Wildlife Founda- recognize Michael Ferrara and his ‘‘June 1’’. tion. Started in 1990, this program has April 13, 1999 CONGRESSIONAL RECORD — SENATE S3661 raised more than $41 million for 480 pleasure to many Americans, as well as This act establishes a 4-year dem- projects for migratory bird conserva- a source of important revenue to onstration project providing $8 million tion in the United States and Latin states, like my own state of Michigan, each year to help establish programs in America. which attract tourists to their scenes the United States, Latin America, and The program established by S. 148 is of natural beauty. Bird watching and the Caribbean. The greater portion of intended to support and bolster these feeding generates fully $20 billion every these funds will be focused outside the existing efforts. It does so by creating Year in revenue across America. U.S. Approved programs will manage a comprehensive program to address Birdwatching is a popular activity in and conserve neotropical migratory the varied threats facing the numerous Michigan, and its increased popularity bird populations. Those eligible to par- species of migratory birds across their is reflected by an increase in tourist ticipate will include national and range. Frequently there is little, if dollars being spent in small, rural com- international nongovernmental organi- any, coordination among existing pro- munities. Healthy bird populations zations and business interests, as well grams, nor is there any one program also prevent hundreds of millions of as U.S. Government entities. that serves as a link among them. A dollars in economic losses each year to The key to this act is cooperation broader, more holistic approach would farming and timber interests. They among nongovernmental organizations. strengthen existing efforts, fill the help control insect populations, there- The federal share of each project’s cost gaps between these programs, and pro- by preventing crop failures and infesta- is never to exceed 33 percent. For mote new initiatives. tions. grants awarded outside the United I do not intend that this program Despite the enormous benefits we de- States, the non-Federal match can be would supplant or supersede existing rive from our bird populations, many of made with in-kind contributions. This them are struggling to survive. Ninety efforts, nor do I expect that Federal will encourage volunteerism and local species are listed as endangered or funds for implementing S. 148 be di- interest in communities that lack the threatened in the United States. An- verted from funds going to these exist- financial resources to contribute cur- other 124 species are of high conserva- ing efforts. New money should go to rency. Since domestic organizations tion concern. In my own state we are this new program to assist neotropical and communities are more financially working to bring the Kirtland’s War- migratory birds in new ways. secure, the matching portion of grants bler back from the brink of extinction. S. 148 is identical to a bill that was awarded within the United States will A few years ago, the population of this approved by the Senate last year, S. be required in cash. distinctive bird has been estimated at 1970, but was never passed by the The approach taken by this legisla- approximately 200 nesting pairs. Since House. The bill is based on bipartisan tion differs from that of current pro- then, a great deal of work has been negotiations with the sponsors of the grams in that it is proactive and, by done by Michigan DNR employees to bill, the House Resources Committee, avoiding a crisis management ap- preserve the Kirtland’s Warbler habitat the administration, and the EPW Com- proach, will prove significantly more in the Bahamas, where they winter. mittee. Numerous groups, including cost effective. In addition, this legisla- Thanks in large part to this effort, the conservation groups and the forest tion does not call for complicated and number of breeding pairs has recently products industry, have supported this expensive bureaucratic structures such increased to an estimated 800. This is as councils, commissions or multi- bill. an easily grasped problem. Since the The bill allows for the Secretary to tiered oversight structures. Further, entire species spends half of the year in establish an advisory group, and I urge this legislation will bring needed at- the Bahamas, the significant efforts that the Secretary do so. The success tention and expertise to areas now re- made by Michigan’s Department of of this initiative will depend on close ceiving relatively little attention in Natural Resources and concerned resi- collaboration with public and private the area of environmental degradation. dents in Michigan will not be enough This legislation has the support of organizations involved in the conserva- to save this bird if its winter habitat is tion of migratory birds. the National Audubon Society, the Na- degraded or destroyed. ture Conservancy, the American Bird I am very pleased with the legisla- This situation is not unique, among tion. I urge my colleagues to support Conservancy, Defenders of Wildlife, the bird watchers’ favorites, many Ornithological Council, Ducks Unlim- it, and urge its speedy enactment. neotropical birds are endangered or of Thank you, Mr. President. I yield the ited, and the American Forest and high conservation concern. And several Paper Association. These organizations floor. of the most popular neotropical spe- Mr. ABRAHAM. Mr. President, today agree with Senator DASCHLE, Senator cies, including bluebirds, robins, gold- CHAFEE, and I that, by establishing the Senate again will pass legislation finches, and orioles, migrate to and to protect the habitat of the broad partnerships between business, govern- from the Caribbean and Latin America. ment and nongovernmental organiza- range of migratory birds which spend Because neotropical migratory birds the spring and summer months in the tions both here and abroad we can range across a number of international greatly enhance the protection of mi- United States. This legislation, which I borders every year, we must work to gratory bird habitat. introduced with my distinguished col- establish safeguards at both ends of I want to take a moment to comment leagues, Senator DASCHLE and Senator their migration routes, as well as at on the contributions of Senator CHAFEE, is designed to protect over 90 critical stopover areas along their way. DASCHLE and Senator CHAFEE with re- endangered species of bird spending Only in this way can conservation ef- spect to this bill. For over a year, my certain seasons in the United States forts prove successful. colleagues and their staffs have dedi- and other seasons in other nations of That is why Senator DASCHLE, Sen- cated a great deal of time and hard the West Hemisphere. This is actually ator CHAFEE and I introduced the work to this legislation. This bill the second time this legislation has Neotropical Migratory Bird Conserva- would not have advanced as it has, per- passed the Senate. Last year, after re- tion Act. This legislation will protect haps would not have moved at all, were ceiving considerable support from the bird habitats across international it not for their efforts, and I wish to environmental and conservation com- boundaries by establishing partner- thank them for all they have done. munities, this legislation passed the ships between the business community, Mr. President, I yield the floor. Senate by Unanimous consent. Unfor- nongovernmental organizations and Mr. COCHRAN. I ask unanimous con- tunately, time ran out for equal con- foreign nations. By teaming businesses sent that the bill be considered read a sideration in the House. Nevertheless, with international organizations con- third time and passed, the motion to this year we returned with renewed de- cerned to protect the environment we reconsider be laid upon the table, and termination and were able to again can combine capital with know-how. that any statements relating to the move this bill. By partnering these entities with local bill be printed at the appropriate place Every year, Mr. President, approxi- organizations in countries where bird in the RECORD. mately 25 million Americans travel to habitat is endangered we can see to it The PRESIDING OFFICER. Without observe birds, and 60 million American that local people receive the training objection, it is so ordered. adults watch and feed birds at home. they need to preserve this habitat and The bill (S. 148) was considered read a Bird-watching is a source of great maintain this critical natural resource. third time and passed, as follows: S3662 CONGRESSIONAL RECORD — SENATE April 13, 1999 S. 148 litical subdivision of a State, or of any for- (4) generally implement this Act in accord- Be it enacted by the Senate and House of Rep- eign government; ance with its purposes. resentatives of the United States of America in (3) a State, municipality, or political sub- SEC. 7. COOPERATION. Congress assembled, division of a State; (a) IN GENERAL.—In carrying out this Act, SECTION 1. SHORT TITLE. (4) any other entity subject to the jurisdic- the Secretary shall— This Act may be cited as the ‘‘Neotropical tion of the United States or of any foreign (1) support and coordinate existing efforts Migratory Bird Conservation Act’’. country; and to conserve neotropical migratory bird spe- (5) an international organization (as de- SEC. 2. FINDINGS. cies, through— fined in section 1 of the International Orga- (A) facilitating meetings among persons Congress finds that— nizations Immunities Act (22 U.S.C. 288)). involved in such efforts; (1) of the nearly 800 bird species known to (c) PROJECT PROPOSALS.—To be considered (B) promoting the exchange of information occur in the United States, approximately for financial assistance for a project under among such persons; 500 migrate among countries, and the large this Act, an applicant shall submit a project (C) developing and entering into agree- majority of those species, the neotropical proposal that— ments with other Federal agencies, foreign, migrants, winter in Latin America and the (1) includes— State, and local governmental agencies, and Caribbean; (A) the name of the individual responsible nongovernmental organizations; and (2) neotropical migratory bird species pro- for the project; (D) conducting such other activities as the vide invaluable environmental, economic, (B) a succinct statement of the purposes of Secretary considers to be appropriate; and recreational, and aesthetic benefits to the the project; (2) coordinate activities and projects under United States, as well as to the Western (C) a description of the qualifications of in- this Act with existing efforts in order to en- Hemisphere; dividuals conducting the project; and hance conservation of neotropical migratory (3)(A) many neotropical migratory bird (D) an estimate of the funds and time nec- bird species. populations, once considered common, are in essary to complete the project, including (b) ADVISORY GROUP.— decline, and some have declined to the point sources and amounts of matching funds; (1) IN GENERAL.—To assist in carrying out that their long-term survival in the wild is (2) demonstrates that the project will en- this Act, the Secretary may convene an advi- in jeopardy; and hance the conservation of neotropical migra- sory group consisting of individuals rep- (B) the primary reason for the decline in tory bird species in Latin America, the Car- resenting public and private organizations the populations of those species is habitat ibbean, or the United States; actively involved in the conservation of loss and degradation (including pollution and (3) includes mechanisms to ensure ade- neotropical migratory birds. contamination) across the species’ range; quate local public participation in project (2) PUBLIC PARTICIPATION.— and development and implementation; (A) MEETINGS.—The advisory group shall— (4)(A) because neotropical migratory birds (4) contains assurances that the project (i) ensure that each meeting of the advi- range across numerous international borders will be implemented in consultation with sory group is open to the public; and each year, their conservation requires the relevant wildlife management authorities (ii) provide, at each meeting, an oppor- commitment and effort of all countries along and other appropriate government officials tunity for interested persons to present oral their migration routes; and with jurisdiction over the resources ad- or written statements concerning items on (B) although numerous initiatives exist to dressed by the project; the agenda. conserve migratory birds and their habitat, (5) demonstrates sensitivity to local his- (B) NOTICE.—The Secretary shall provide those initiatives can be significantly toric and cultural resources and complies to the public timely notice of each meeting strengthened and enhanced by increased co- with applicable laws; of the advisory group. ordination. (6) describes how the project will promote (C) MINUTES.—Minutes of each meeting of SEC. 3. PURPOSES. sustainable, effective, long-term programs to the advisory group shall be kept by the Sec- The purposes of this Act are— conserve neotropical migratory birds; and retary and shall be made available to the (1) to perpetuate healthy populations of (7) provides any other information that the public. neotropical migratory birds; Secretary considers to be necessary for eval- (3) EXEMPTION FROM FEDERAL ADVISORY (2) to assist in the conservation of uating the proposal. COMMITTEE ACT.—The Federal Advisory Com- neotropical migratory birds by supporting (d) PROJECT REPORTING.—Each recipient of mittee Act (5 U.S.C. App.) shall not apply to conservation initiatives in the United assistance for a project under this Act shall the advisory group. States, Latin America, and the Caribbean; submit to the Secretary such periodic re- SEC. 8. REPORT TO CONGRESS. and ports as the Secretary considers to be nec- Not later than October 1, 2002, the Sec- (3) to provide financial resources and to essary. Each report shall include all informa- retary shall submit to Congress a report on foster international cooperation for those tion required by the Secretary for evaluating the results and effectiveness of the program initiatives. the progress and outcome of the project. carried out under this Act, including rec- SEC. 4. DEFINITIONS. (e) COST SHARING.— ommendations concerning how the Act In this Act: (1) FEDERAL SHARE.—The Federal share of might be improved and whether the program (1) ACCOUNT.—The term ‘‘Account’’ means the cost of each project shall be not greater should be continued. the Neotropical Migratory Bird Conservation than 33 percent. SEC. 9. NEOTROPICAL MIGRATORY BIRD CON- Account established by section 9(a). (2) NON-FEDERAL SHARE.— SERVATION ACCOUNT. OURCE (2) CONSERVATION.—The term ‘‘conserva- (A) S .—The non-Federal share re- (a) ESTABLISHMENT.—There is established tion’’ means the use of methods and proce- quired to be paid for a project shall not be in the Multinational Species Conservation dures necessary to bring a species of derived from any Federal grant program. Fund of the Treasury a separate account to neotropical migratory bird to the point at (B) FORM OF PAYMENT.— be known as the ‘‘Neotropical Migratory which there are sufficient populations in the (i) PROJECTS IN THE UNITED STATES.—The Bird Conservation Account’’, which shall wild to ensure the long-term viability of the non-Federal share required to be paid for a consist of amounts deposited into the Ac- species, including— project carried out in the United States shall count by the Secretary of the Treasury (A) protection and management of be paid in cash. under subsection (b). neotropical migratory bird populations; (ii) PROJECTS IN FOREIGN COUNTRIES.—The (b) DEPOSITS INTO THE ACCOUNT.—The Sec- (B) maintenance, management, protection, non-Federal share required to be paid for a retary of the Treasury shall deposit into the and restoration of neotropical migratory project carried out in a foreign country may Account— bird habitat; be paid in cash or in kind. (1) all amounts received by the Secretary (C) research and monitoring; SEC. 6. DUTIES OF THE SECRETARY. in the form of donations under subsection (D) law enforcement; and In carrying out this Act, the Secretary (d); and (E) community outreach and education. shall— (2) other amounts appropriated to the Ac- (3) SECRETARY.—The term ‘‘Secretary’’ (1) develop guidelines for the solicitation count. means the Secretary of the Interior. of proposals for projects eligible for financial (c) USE.— SEC. 5. FINANCIAL ASSISTANCE. assistance under section 5; (1) IN GENERAL.—Subject to paragraph (2), (a) IN GENERAL.—The Secretary shall es- (2) encourage submission of proposals for the Secretary may use amounts in the Ac- tablish a program to provide financial assist- projects eligible for financial assistance count, without further Act of appropriation, ance for projects to promote the conserva- under section 5, particularly proposals from to carry out this Act. tion of neotropical migratory birds. relevant wildlife management authorities; (2) ADMINISTRATIVE EXPENSES.—Of amounts (b) PROJECT APPLICANTS.—A project pro- (3) select proposals for financial assistance in the Account available for each fiscal year, posal may be submitted by— that satisfy the requirements of section 5, the Secretary may expend not more than 6 (1) an individual, corporation, partnership, giving preference to proposals that address percent to pay the administrative expenses trust, association, or other private entity; conservation needs not adequately addressed necessary to carry out this Act. (2) an officer, employee, agent, depart- by existing efforts and that are supported by (d) ACCEPTANCE AND USE OF DONATIONS.— ment, or instrumentality of the Federal Gov- relevant wildlife management authorities; The Secretary may accept and use donations ernment, of any State, municipality, or po- and to carry out this Act. Amounts received by April 13, 1999 CONGRESSIONAL RECORD — SENATE S3663 the Secretary in the form of donations shall PROGRAM and their staffs. I urge colleagues who be transferred to the Secretary of the Treas- have the opportunity to go to Brussels ury for deposit into the Account. Mr. COCHRAN. Mr. President, it will be the leader’s intention following and meet with these NATO officials to SEC. 10. AUTHORIZATION OF APPROPRIATIONS. do so. At the end of next week, there There is authorized to be appropriated to morning business to begin consider- ation of S. 767, the uniformed services will be a gathering of the NATO na- the Account to carry out this Act $8,000,000 tions’ leaders here in Washington to for each of fiscal years 2000 through 2003, to tax filing fairness bill. For the infor- remain available until expended, of which mation of all Senators, the Senate will celebrate the 50th anniversary of the not less than 50 percent of the amounts made reconvene on Wednesday at 11:30 a.m. most important strategic alliance of available for each fiscal year shall be ex- and begin a period of morning business the 20th century. I hope that my col- pended for projects carried out outside the until 1 p.m. leagues will take advantage of the op- United States. Following morning business, the Sen- portunity created by that historic f ate will begin consideration of S. 767, a gathering to speak with as many of bill introduced by Senator COVERDELL these ambassadors and NATO staff and APPOINTMENTS BY THE personnel as possible about the situa- PRESIDING OFFICER and others regarding tax filing exten- sions for certain members of the uni- tion in Kosovo. The PRESIDING OFFICER. Pursuant formed services. Following passage of After these meetings in Brussels, I to the provisions of Executive Order that bill, it will be the leader’s inten- traveled to Macedonia on a military No. 12131, the Chair appoint the fol- tion to begin consideration of the budg- aircraft that was bringing urgently lowing Members of the Senate to the et resolution conference report. There needed supplies to the refugee camps. President’s Export Council: CONRAD are 10 hours for debate on the con- It was a long flight from Ramstein Air BURNS of Montana; JOHN ASHCROFT of ference report, but it is hoped that a Force Base in Germany to Macedonia, Missouri; MIKE ENZI of Wyoming; MAX significant portion of that time will be and I was deeply impressed by the BAUCUS of Montana; TIM JOHNSON of yielded back. young crew and their hard work. Be- South Dakota. Members should, therefore, expect fore I left Ramstein Air Force Base, f rollcall votes throughout Wednesday’s General Brady and his staff gave me an session of the Senate in relation to the excellent briefing on how they are APPOINTMENTS BY THE Coverdell bill or any other legislative helping to relieve the suffering of the DEMOCRATIC LEADER or executive items cleared for action. men, women and children displaced The PRESIDING OFFICER. The f from their homes in Kosovo. Chair announces the appointment of In Macedonia, I met with United the following Senators on behalf of the ORDER FOR ADJOURNMENT States Ambassador Chris Hill and his Democratic Leader: Pursuant to the Mr. COCHRAN. If there is no further staff. Let me reiterate to our col- provisions of S. Res. 105, adopted April business to come before the Senate, I leagues here how fortunate we are to 13, 1989, as amended by Public Law 105– now ask that the Senate stand in ad- have someone of Chris Hill’s talents 275, adopted October 21, 1998, and fur- journment under the previous order, and abilities representing us in Mac- ther amended by S. Res. 75 adopted following the remarks of Senator edonia, particularly at a time such as March 25, 1999, I hereby appoint the fol- DODD. this. He is a career foreign service offi- lowing Senators to serve as members of The PRESIDING OFFICER. Without cer, has spent time in the Balkans, the Senate National Security Working objection, it is so ordered. knows the region well and is handling Group: ROBERT C. BYRD of West Vir- I thank the distinguished Senator for a very difficult and tense situation ginia (Minority Co-Chairman); CARL his patience and his forbearance. with a great deal of energy, vision and LEVIN of Michigan (Minority Co-Chair- The Senator from Connecticut. creativity. man); JOSEPH R. BIDEN, Jr. of Delaware f While I was in Macedonia, I also met (Minority Co-Chairman); EDWARD M. with U.S. military personnel who are a KENNEDY of Massachusetts; J. ROBERT TRIP TO MACEDONIA AND NATO part of a unit called Able Sentry. A KERREY of Nebraska; DANIEL PATRICK HEADQUARTERS IN BRUSSELS brigadier general and his staff briefed MOYNIHAN of New York; PAUL S. SAR- Mr. DODD. Mr. President, during the me on their operations. Before hos- BANES of Maryland; JOHN F. KERRY of recent spring recess, I took the oppor- tilities broke out, Able Sentry was in- Massachusetts; and RICHARD J. DURBIN tunity to travel to Brussels, Belgium, tended as the base facility for a peace- of Illinois. to meet with NATO officials about the keeping force in Kosovo. Now, these f situation in Kosovo. Last week, I trav- American service men and women are eled to Macedonia in order to make a leading NATO’s efforts to help the refu- ORDERS FOR WEDNESDAY, APRIL firsthand assessment of the refugee gees on the ground. 14, 1999 problem confronting that small nation. I also spent some time with the en- Mr. COCHRAN. Mr. President, I ask While in Brussels, I received an as- listed personnel who make up the unit unanimous consent that when the Sen- sessment of the ongoing military cam- to which three young servicemen, Ser- ate completes its business today, it paign against Yugoslav military and geants Ramirez and Stone and Spe- stand in adjournment until 11:30 a.m. security forces and strategic installa- cialist Steven Gonzales were assigned on Wednesday, April 14. I further ask tions from Gen. Wesley Clark, com- before their illegal capture by Serbian that on Wednesday, immediately fol- mander of our NATO forces. I also dis- forces. lowing the prayer, the Journal of pro- cussed NATO’s objectives with respect I wish all of our colleagues could ceedings be approved to date, the to Kosovo and the more than 600,000 have joined me in that small room last morning hour be deemed to have ex- Kosovars now displaced with NATO Saturday to hear these young Amer- pired, the time for the two leaders be Secretary General Javier Solana, ican servicemen talk with great pride reserved, and the Senate then begin a NATO ambassadors, and NATO mili- about the work of their colleagues Ra- period of morning business until 1 p.m. tary officials. mirez, Stone, and Gonzales. Ramirez, with Senators permitted to speak for I found that NATO ambassadors were Stone and Gonzales were professionals up to 10 minutes each with the fol- unified in their resolve to stand up to doing a commendable job. When they lowing exceptions: Senator KERRY of Slobodan Milosevic. They expressed a were captured, they were not close to Massachusetts, 30 minutes; Senator willingness to carry on the air cam- the Serbian border where they would BROWNBACK, 20 minutes; Senator BAYH, paign for as long as it might take to have placed themselves and their units 10 minutes; Senators DOMENICI and degrade Serbian military and security in any jeopardy. When I spoke with WELLSTONE in control of a total of 15 forces. this unit of highly competent individ- minutes; Senator LEAHY, 15 minutes; Let me also say how deeply im- uals just three days ago, they were and Senator CLELAND, 15 minutes. pressed I was with Gen. Wesley Clark, deeply worried that Members of Con- The PRESIDING OFFICER. Without the supreme allied commander of gress in Washington would misunder- objection, it is so ordered. NATO forces, our ambassador to NATO stand the role that they were engaged S3664 CONGRESSIONAL RECORD — SENATE April 13, 1999 in and the professionalism with which some 120,000 Kosovars in that one small sands and prevent the spread of this they were conducting their responsibil- country, geographically the size of conflict throughout the Balkans area ities. I assured them that my col- Vermont, with only 2 million people. are most assuredly the right thing to leagues here, regardless of party, had a To put it into perspective for Ameri- do. deep respect for the job they were cans, this is equivalent to 5 million I can only hope that Slobodan doing and admire them immensely. people arriving on our shores to seek Milosevic will hear from this Chamber, And, like them, I pray for the safe re- asylum in a 72 hour period. This influx from this Congress, and from NATO’s turn of their three comrades. of refugees represents a tremendous member nations in the coming days a The service men and women I met disruption in the economic life of Mac- unanimous voice of determination to with are committed to getting the job edonia as it has in Albania. rid Kosovo of his brutal forces and stop done, Mr. President. They know why Mr. President, as I spent 4 hours or so to worst ethnic cleansing Europe has they are there. They understand the se- wandering through the refugee camp seen in decades. Furthermore, we must riousness and importance of this issue walking by rows and rows of families clearly state that we will not second and are conducting their jobs with a huddled in tents or standing in lines to guess the decisions of this administra- high degree of professionalism. receive food and water, I noticed on tion, including President Clinton, Sec- I wanted to take a moment here on every single tent a homemade sign retary of Defense Cohen and General the floor to express my confidence in written on cardboard with ballpoint Shelton, of our leaders in NATO, and of them and speak their names on the pen or lipstick or whatever else that our colleagues in the diplomatic wing floor of the Senate, as I assured them I family could use. These signs would of NATO. would. I urge my colleagues to do like- give a person’s name and which town Mr. President, I think it is critically wise and express their support for the they had live in followed by: If you see important that we demonstrate at this hard and commendable job our men or run into my mother, my father, my juncture as much bipartisan support as and women in uniform are doing. sister, my brother, or my child who is we can for NATO’s military campaign Mr. President, the efforts of all of lost and separated, please tell them in Yugoslavia. Once President these men and women in Macedonia where I am. People wander by reading Milosevic understands that the United today are focused on alleviating the the signs, trying to find members of States and other NATO countries are suffering of the thousands of people their own families. Teenagers are car- resolute in their common determina- who have been forced from their homes ing for small children who have been tion to continue a military campaign by Slobodan Milosevic’s reign of ethnic separated from their parents. against Serbian targets until NATO’s cleansing. I fear that I am not capable As people cross the border they tell conditions have been met, I am con- of fully describing the scene at the ref- the stories of being brutalized by the vinced he will back down. ugee camps. For a generation of us who Serbian military and police forces in We must also be prepared to make were born at the end of World War II, Kosovo. These stories of what they had clear that President Clinton has avail- the sites of a concentration camp or of to endure, how they were evicted from able all necessary means to carry out the thousands of homeless people in their homes, and separated from their our mission against Serbian military Europe at the end of World War II rest families, Mr. President, are haunting and security forces. The Governments securely in the domain of documentary and shocking. of Macedonia and Albania, together films and Hollywood depictions. I have seen a lot of hardship in my with international private relief orga- Most of us in this Chamber have not years. I was a Peace Corps volunteer in nizations, have been confronted with a had occasion to encounter firsthand Latin America during the 1960s. I lived sea of refugees and are ill equipped to the kinds of scenes that our fathers in countries where there is a great deal cope with this problem. International and grandfathers witnessed. Senators of poverty and suffering. I have been to relief efforts to provide food, clothing, THURMOND and HOLLINGS of South Haiti many times. I have traveled shelter, and medicines to the still- Carolina, Senator INOUYE, Senator throughout Central and Latin America growing refugee community must con- CHAFEE, Senator LAUTENBERG, and oth- over the years. But never, Mr. Presi- tinue—and on an expedited basis, I ers who were veterans of World War II dent, have I seen anything quite like might add. can also speak of personal recollections the scene that I saw in this camp. The United Nations, and specifically of those days. At times, however, there are mo- the United Nations High Commission In the past few days, however, the ments amongst the despair of the for Refugees, must dramatically step images from documentary films half a present which speak to the potential up their efforts to respond to the ref- century old became a reality for me. I optimism of the future. In the camp I ugee crisis in Albania and Macedonia. was profoundly struck by the sight of visited is a field hospital operated by It is also important to say a few 45,000 people gathered together in the Israeli military. Since the refugees words about the Governments of Alba- makeshift huts or tents in an area only began arriving, the Israeli doctors and nia and Macedonia. These are both slightly larger than half of the Mall nurses have delivered 6 babies. I pray, poor countries that have been con- here in Washington. They were lining Mr. President, that these 6 infants will fronted with a situation even a wealthy up for food, water, medicine and other not know the horrors of ethnic-cleans- nation like the United States would basic necessities, and using open ing and hatred their parents have fled. find difficult to cope with. While there trenches as latrines. Mr. President, it Rather, may they grow up in the spirit have been some bumps along the road, was a sight to which TV film footage, of understanding and respect for each I would like the Governments and the television broadcasts, news descrip- other which drives these Jewish doc- peoples of Macedonia and Albania to tions—despite their talent and abil- tors to care for mostly Muslim refu- know that we in the United States ap- ity—cannot really do justice. It was a gees. preciate deeply what they are trying to truly compelling sight. If there is any doubt in anyone’s do to assist the Kosovar refugees and I was deeply impressed with the work mind about whether or not we were we recognize that they need substan- being done by the British military trying to do the right thing as a nation tial economic assistance to help them forces in this particular camp. It was and as a group of nations under the al- cope with this situation. stunning to learn that in less than 36 liance of NATO, I promise my col- Macedonia and Albania should re- hours they had constructed and put up leagues that had they been with me ceive, in my view, bilateral and multi- 4,000 tents to accommodate the 45,000 last Saturday, seen what I saw, and lateral economic assistance including refugees that have poured into this talked to the people that I talked to, IMF assistance, debt relief in the form particular part of Macedonia. There is there would be absolutely no disagree- of debt forgiveness, trade assistance, in another camp nearby in Brazda with ment in this Chamber about whether or order to address war-related economic some 12,000 people in it. I am told by not the United States and NATO were dislocation in both countries. the distinguished Ambassador from taking the right course of action. Our The hundred or so refugees with Macedonia that some 16,000 other efforts to restore these people to their whom I spoke made it clear that they Kosovars are living in the homes of rightful home, bring an end to this con- want to return to their home in Kosovo people in Macedonia. In total, there are flict, and thus save the lives of thou- rather than be relocated throughout April 13, 1999 CONGRESSIONAL RECORD — SENATE S3665 the globe. They also expressed deep ap- DASCHLE, the chairmen and ranking Thereupon, the Senate, at 6:21 p.m., preciation of the international commu- members of the Armed Services Com- adjourned until Wednesday, April 14, nity, and specifically the United mittee, the Foreign Relations Com- 1999, at 11:30 a.m. States, in endeavoring to accomplish mittee, and the Foreign Operations certain goals on their behalf. It does Subcommittee of the Appropriations f not go unnoticed by them that the Committee, as well as the chairman United States, once again, is standing and ranking member of the Appropria- NOMINATIONS up for those who have been treated as tions Committee and other interested Executive nominations received by poorly as these people have. It is in our Members of this body, we can find some the Senate April 13, 1999: heritage. It is part of our collective common language and common ideas ethic in this Nation to try to help, try to send a clear, strong signal this week DEPARTMENT OF STATE to do what is right rather than to be si- of how much we appreciate the efforts ROBERT J. EINHORN, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSISTANT SECRETARY OF STATE (NON-PRO- lent and stand by while outrages are of our service men and women, of the LIFERATION). (NEW POSITION) perpetrated against innocent people. front-line states, and of the inter- IN THE AIR FORCE I believe that what the United States national relief organizations. We must THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and NATO are doing reversed the Ser- assure them that they do not stand IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- bian policy of ethnic cleansing and is a alone and that we are going to do ev- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION just cause that deserves the support of erything we can to ease the pressures 601: the Congress and the American people. and burdens that these poor refugees To be lieutenant general I pledge to do all I can to support are facing. I am confident that we will MAJ. GEN. LESLIE F. KENNE this effort. Particularly, I want to sup- speak with a common voice when we port our President, our military, and express our determination not to let f NATO as they endeavor to achieve this Slobodan Milosevic’s genocidal behav- worthy goal. I hope before this week is ior stand. CONFIRMATION out that we might find some common Mr. President, I yield the floor. Executive nomination confirmed by ideas through some collective work f here to express some issues on which the Senate April 13, 1999: we can all agree. There are differences ADJOURNMENT UNTIL 11:30 A.M. FOREIGN SERVICE TOMORROW of opinion on various aspects of this THE FOLLOWING-NAMED CAREER MEMBER OF THE The PRESIDING OFFICER (Mr. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF crisis, but I happen to believe we share STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- a great deal in common on this issue. BROWNBACK). The Senate, under the ICE TO THE CLASS INDICATED: I am confident that, under the lead- previous order, will stand adjourned CAREER MEMBER OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF MIN- ership of the majority leader, TRENT until 11:30 a.m., Wednesday, April 14, ISTER-COUNSELOR: LOTT, and the Democratic leader, TOM 1999. RICHARD LEWIS BALTIMORE, III, OF NEW YORK

VerDate Sep 11 2014 13:58 Jul 12, 2019 Jkt 000000 PO 00000 Frm 00053 Fmt 0624 Sfmt 9801 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S13AP9.REC S13AP9 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E613 EXTENSIONS OF REMARKS

INTRODUCTION OF LEGISLATION paid time off in lieu of cash wages for over- or group productivity goals and the savings TO REFORM THE FAIR LABOR time hours worked. However, under current achieved from improved productivity, or the STANDARDS ACT Federal law, if the individual is employed in gains, are then shared between the company the private sector then he or she cannot and the employees. The payouts are based di- HON. CASS BALLENGER choose paid time off, even if that form of com- rectly on factors under an employee's control, OF NORTH CAROLINA pensation is preferred. such as productivity or costs, rather than on IN THE HOUSE OF REPRESENTATIVES The Working Families Flexibility Act would the company's profits. Thus, employees di- allow employers to make comp time available rectly benefit from improvements that they Tuesday, April 13, 1999 as an option for employees. Employees would help to produce by increasing their overall Mr. BALLENGER. Mr. Speaker, today I am have the choice, through an agreement with compensation. introducing two bills which reflect our contin- the employer, to take overtime pay in the form Unfortunately, employers who choose to im- ued efforts to make the Fair Labor Standards of paid time off. As with overtime pay, comp plement such programs can be burdened with Act (FLSA) applicable to today's workforce. time hours would accrue at a rate of one and unpredictable and complex requirements by The FLSA is one of the most outdated work- one-half hours of comp time for each hour of the Fair Labor Standards Act, which clearly place regulatory schemes faced by businesses overtime worked. In response to concerns did not envision these types of ``pay based and employees. As the primary statute gov- about employees being coerced by employers upon performance'' plans. erning the payment of wages and hours of into choosing comp time over cash wages, the For example, if a bonus is based on produc- work, the FLSA has changed little since it was legislation includes numerous protections to tion, performance or other factors, the pay- enacted in 1938. ensure that employees cannot be pressured ment must then be divided by the number of In today's business environment, employers into one choice or the other. hours worked by the employee during the time and employees must find ways to compete Employees could accrue up to 160 hours of period that the bonus is meant to cover, and and meet the challenges of an increasingly comp time within a 12-month period. The leg- added to the employee's regular hourly pay competitive and global economy. Government islation would require the employer to annually rate. This adjusted hourly rate must then be should be user-friendly, less confrontational, cash-out any unused comp time accrued by used to calculate the employee's overtime rate and less costly. The regulatory scheme must the employee. Employees may withdraw from of pay. For other types of employees, such as be designed to be flexible to accommodate a comp time agreement at any time and re- executive, administrative, or professional em- different situations and future challenges. The quest a cash-out of any or all accrued, unused ployees who are exempt from minimum wage demographics of the workforce and the char- comp time. The employer would have 30 days and overtime, an employer can easily give fi- acteristics of jobs have changed dramatically in which to comply with the request. The legis- nancial rewards without having to recalculate over the past 60 years. But, the FLSA has not lation would also require an employer to pro- rates of pay. kept pace with these changes and it now vide the employee with at least 30 days notice The Rewarding Performance in Compensa- stands out as being rigid and inflexible for to- prior to cashing out any accrued time in ex- tion Act would amend the FLSA to specify that day's work styles and work arrangements. cess of 80 hours or prior to discontinuing a an employee's regular rate of pay for the pur- The two bills that I am introducing today will policy of offering comp time. poses of calculating overtime would not be af- update areas of the FLSA which regulate Employees would be able to use their ac- fected by additional payments that reward or scheduling and compensation. Currently, the crued comp time at anytime, so long as its provide incentives for employees who meet FLSA does not allow private sector employers use did not unduly disrupt the operations of productivity, quality, efficiency or sales goals. to give their employees the choice of compen- the business (the same standard used in the By eliminating disincentives in current law, this satory time off in lieu of overtime wages. The public sector and under the Family and Med- legislation will encourage employers to reward first bill, ``The Working Families Flexibility Act ical Leave Act.) Employers would be prohib- their employees and make it easier for em- of 1999,'' would give private sector employers ited from requiring employees to take accrued ployers to ``share the wealth'' with their em- and employees an option which Federal, time solely at the convenience of the em- ployees. State, and local governments have had for ployer. I would urge my colleagues to support these many yearsÐthe choice of ``comp time'' in lieu I want to emphasize that this legislation two common sense reforms that will help to of overtime pay. The legislation is identical to does not eliminate or change the traditional bring the FLSA, passed in 1938, a little closer that which the House passed during the 105th 40-hour workweek. It simply provides employ- to the needs of employees that the law is Congress. ees with another option in the workplaceÐ meant to benefit, as we enter the 21st century. The Working Families Flexibility Act an- time off instead of overtime pay. This concept f swers the call of many workers for increased may be revolutionary to some, but to Amer- flexibility and choices in the workplace. Many ica's workers, who are increasingly frustrated CONCERNED WOMEN FOR employees are finding it increasingly difficult to about coping with the demands of work and AMERICA’S 20TH ANNIVERSARY find enough time for important family obliga- family responsibilities, it is a long overdue tions or outside interests, which makes receiv- change. HON. BOB SCHAFFER ing comp time instead of cash overtime an at- The second bill, ``The Rewarding Perform- OF COLORADO tractive option. ance in Compensation Act,'' would help work- IN THE HOUSE OF REPRESENTATIVES Many employers who want to be family- ers to share, financially, when their efforts help friendly find that flexible scheduling can be ex- produce gains for their company in produc- Tuesday, April 13, 1999 tremely difficult for employees who are paid by tivity, sales, fewer injuries, or other important Mr. SCHAFFER. Mr. Speaker, I am honored the hour and covered by the overtime provi- aspects of performance. to call attention to America's largest women's sions in the FLSA. Suppose an employee has The pressures of worldwide competition and public policy organization, Concerned Women a terminally ill parent who lives several states rapid technological change have forced most for America (CWA), on its 20th anniversary. away. Days off with pay can become precious employees to seek continuous improvement in CWA is the leading voice for women across for that employee when a 2-day weekend productivity, quality, and other aspects of com- the nation embracing and promoting traditional does not provide enough time to travel and pany performance. Employers often seek to family values. spend time with that parent. When that em- encourage and reward employee efforts to im- Twenty years ago, CWA's founder and ployee works a few hours of overtime each prove productivity, quality, etc. through what chairman, Beverly LaHaye, realized a signifi- week, he or she may prefer to be paid with are called ``gainsharing'' plansÐlinking addi- cant number of important voices were going time off rather than with cash wages. If the in- tional compensation to measurable improve- unheard in the massive world of public policy. dividual is employed in the public sector, then ments in company, team, or individual per- A hard-working parent and active citizen, she, he or she would have the choice of receiving formance. Employees are assigned individual along with a handful of other dedicated

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E614 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 women, recognized that merely standing Moser and Grant Architects for fourteen years, One of Florence Gray's fellow LWV mem- against issues was inadequate. On this basis, where he received his license to practice ar- bers once described her as ``hard working, this small group set out to promote positive chitecture. In 1976, he founded Garcia Archi- dedicated, tenacious, resilient, witty, wise, and change. CWA has grown from that handful of tects, Inc., an architectural firm that continues wonderful. She has long since earned what- women to over half-a-million members nation- to thrive today. Garcia Architects has received ever honors we can give her.'' It is indeed fit- wide. Now, according to CWA, those who numerous awards throughout the years, in- ting to salute Florence Gray for her lifetime of would label themselves feminists can no cluding recognition from the Santa Barbara community service. longer claim to be the one and only voice for Chapter of the American Institute of Architects. Mr. Speaker, I am pleased to honor Flor- all American women. In addition to Gil's significant architectural ence Gray in celebration of Women's History CWA promotes values and public policies contributions to the City of Santa Barbara and Month. I thank her for her contributions to both that strengthen women and promote families. the State of California, Gil has been and will the state of Minnesota and to our country, and The organization empowers its members to continue to be an effective, innovative and I wish her continued successes in the future. turn concern into action by working to pre- caring councilman and community leader. His f serve, protect, and promote biblical values work has earned him the life Time Achieve- through education, legislative programs and ment Award from the Santa Barbara News- IN MEMORY OF JOYCE CHIANG community involvement. Among other things, Press, Man of the Year Award, and Volunteer CWA staff and grassroots leaders have been of the Year from the Santa Barbara Chamber HON. FORTNEY PETE STARK called upon to testify before the United States of Commerce. he has also been recognized Congress and various state legislatures re- by the Santa Barbara Hispanic Achievement OF CALIFORNIA garding issues such as the sanctity of human Council. IN THE HOUSE OF REPRESENTATIVES life, education, pornography, religious free- Mr. Speaker, Gil Garcia's dedication to the Tuesday, April 13, 1999 dom, national sovereignty and the traditional people he represents is exemplary and I be- Mr. STARK. Mr. Speaker, I join my col- American family. lieve in his vision for our community. I con- leagues to mourn the loss of Immigration and On the local level, CWA members are active gratulate Gil on his 60th birthday, and I com- Naturalization Service attorney Joyce Chiang. in defending parental rights and involvement in mend him for years of service to the city of Ms. Chiang was a bright young woman who education, promoting sexual abstinence Santa Barbara and to our nation. was of uncompromising service to my staff on among teens, and supporting crisis pregnancy f issues concerning immigration law. My staff centers. They also educate communities on spoke highly of Ms. Chiang, who was a knowl- the virtues of respecting all human life and tra- WOMEN’S HISTORY MONTH HONOREES edgeable representative of the agency, who ditional lifestyles. confidently and concisely explained the intrica- In 1998, Mrs. Carmen Pate became presi- cies of the 1996 immigration law. My district dent of CWA, where she serves as the pri- HON. MARTIN OLAV SABO office was fortunate to benefit Ms. Chiang's mary media spokesman and liaison to federal OF MINNESOTA expertise on implementation of the new law, and local elected officials. IN THE HOUSE OF REPRESENTATIVES as she fulfilled her trial-attorney training in the Concerned Women for America's legislative Tuesday, April 13, 1999 San Francisco INS office. department monitors federal legislation and I am saddened by the questions concerning provides a presence on Capitol Hill and inter- Mr. SABO. Mr. Speaker, as Women's His- tory Month draws to a close today, I rise to sa- her death as we mourn the loss of this bright nationally on behalf of concerned conservative young woman and fine public servant. women. CWA's field department coordinates lute a woman from my Congressional District the organization's grassroots chapters, pro- in Minnesota who has dedicated most of her f viding leadership training, resources and issue life to encouraging all citizens to exercise their RAIDERS TAKE CURTIN CALL updates. The broadcast and media depart- right to vote and play an active role in govern- ment produces the syndicated daily radio talk ment. show, ``Beverly LaHaye Today.'' which is Upon moving to Minneapolis from New York HON. BRUCE F. VENTO heard weekly by over one million listeners. City, Florence Gray joined the League of OF MINNESOTA CWA spokesmen are always available to local Women Voters (LWV) of Minneapolis in 1948 IN THE HOUSE OF REPRESENTATIVES to get more involved in her new community. and national media to give the conservative Tuesday, April 13, 1999 woman's perspective on issues affecting the The LWV of Minneapolis is a non-partisan or- home and the nation. CWA's research and ganization which works to influence public pol- Mr. VENTO. Mr. Speaker, I would like to publications department produces a monthly icy through education and advocacy, providing submit for the RECORD this article from the magazine, Family Voice, and publishes an election-related services, and sponsoring var- February 21, 1999 edition of the St. Paul Pio- array of informative brochures, position papers ious educational forums and projects. In 1948, neer Press which recounts the exciting victory and booklets. Gray helped create a new unit of the LWV of Roseville High School's girls hockey team. Mr. Speaker, I am honored to commend along with a group of friendsÐmany of them Impressively, this is Roseville's second state Concerned Women for America for twenty out- other young mothers like herselfÐand served championship title in four years. Amazingly standing years of dedicated service to the as its chairperson. As the years passed, her enough, they have only had a womens' hock- men, women and children of our great nation. leadership positions accumulated. During the ey program for four years. This is yet another f 1960s, she was elected to the Minneapolis example of the young people in the Fourth LWV Board as Treasurer, then became Vice District of Minnesota accomplishing many spe- HONORING GIL GARCIA President, then led the group as President cial goals. from 1963 to 1965. She also served as the The coach of this mighty team, Rich HON. LOIS CAPPS Minnesota vice president of the LWV. Kuehne, will be departing now that the season OF CALIFORNIA After years of public service in the League is over. After 33 years of coaching hockey, in- IN THE HOUSE OF REPRESENTATIVES of Women Voters, Gray went back to college cluding four years with Roseville's girls hockey in 1968 to complete her bachelor's and mas- team, Mr. Kuehne is retiring. Additionally, their Tuesday, April 13, 1999 ter's degrees at the University of Minnesota. In star player, Ms. Ronda Curtin will be grad- Mrs. CAPPS. Mr. Speaker, I rise to bring to 1974, she was appointed Associate Director of uating and attending the University of Min- the attention of my colleagues an extraor- the Epilepsy Research Center of the Univer- nesota where she will continue her hockey ca- dinary man and friend who celebrated his 60th sity of Minnesota's Neurology Department. reer as a member of the Gopher's team. I birthday on March 31, Gil Garcia. After 17 years with the Center, she ``retired,'' wish both of them continued success in their Gil has spent his entire life working on and though she continued to serve as a part-time endeavors and congratulate them on an out- serving the Central Coast of California. His consultant for the Epilepsy Program. During standing season. formative years were spent in the Goleta Val- this time, she rededicated herself to the LWV, The Roseville girls hockey team has dem- ley, where he attended elementary and junior heading the LWV of Minneapolis' 75th Anni- onstrated, once again with an undefeated sea- high schools; he then went on to graduate versary Planning Committee. In 1994, she was son, that hard work and dedication always from Santa Barbara Catholic High School. presented with the LWV's esteemed Bess lead to success. I wish them luck in future After serving four years in the United States Mlnarik Award for her years of tireless efforts seasons and congratulate them on their supe- Air Force in Oxnard, Gil worked for Arendt, serving on the LWV. rior performance. CONGRESSIONAL RECORD — Extensions of Remarks E615 [From the St. Paul Pioneer Press, Feb. 21, Ronda Curtin restored the Raiders’ three- the Holocaust, pay tribute to those who sur- 1999] goal advantage with a blast from the right vived, and seek to apply the lessons of the RAIDERS TAKE CURTIN CALL circle that sailed past Hergert. past to the reality of the present. ‘‘We really came ready to play,’’ she said. (Tim Leighton) More than half a century after World War II, Erika Mortenson gave Roseville a 6–2 lead Years from now, Ronda Curtin will be re- with her second goal of the game with 27 sec- it is still difficult to comprehend the depth of membered as one of the pioneers of girls onds remaining in the second period. depravity which engulfed Europe. The system- hockey in Minnesota. Three goals were scored in just more than atic extermination of six million Jews and mil- Saturday night, Roseville’s star left a a minute midway through the first period. lions of other innocent peopleÐsimply be- more immediate but very lasting impression Roseville scored two of them, 31 seconds cause of who they wereÐstands as the most that typified her dominance of the sport the apart. past four years. horrific example of man's inhumanity to man. Lindsay O’Keefe gave the Raiders the lead Now, as fewer and fewer survivors remain to The senior center and all-time leading after firing a wrist shot from the slot. Sec- scorer in state history scored four goals and onds earlier, Mortenson scored her first goal tell their stories, it is even more incumbent assisted on one to power the top-ranked of the tournament, to go with four assists, upon us to recall the horrors of the Nazi era Raiders to an 8–2 victory over Bloomington on a tap-in from in close. and teach them to future generations. Jefferson in the championship game of the Jefferson opened the scoring on a goal by Two distinguished speakers were scheduled state girls hockey tournament at the State Emily Naslund at 6:34 after bottling up the to address this year's gathering. Klara Fairgrounds Coliseum. Raiders in their zone. For about a minute, Bergman was born in Poland and spent the The state championship is Roseville’s sec- Roseville was unable to clear the puck out of ond in just four years of sponsoring girls war running and hiding from the Nazis. She is its end. a highly successful businesswoman and a reg- hockey. It also is the second time in four The Raiders ultimately paid the price years the Raiders (27–0–1) finished a season when Naslund, in heavy traffic in front of ular on the media. undefeated. They were undefeated when they the goal, slid a short shot under the pads of Ted Johnson, a San Luis Obispo County won the state title in 1996. Roseville goalie Jodi Winters. native, has served in the Peace Corps and the Jefferson (22–4–1) was making its second ‘‘I was a little concerned in the early State Department and is an expert on central state tournament appearance and first in a going,’’ Kuehne said, ‘‘Jefferson came out Europe. championship game. hard, and we looked a little tentative. I The choice of these two speakers is particu- ‘‘Ronda Curtin has been an ambassador for started to relax and enjoy things a little larly appropriate this year, as our TV screens girls hockey the past four years,’’ Jefferson more when we perked up.’’ coach Dave Irvin said. ‘‘There is no question are filled with the anguish of Kosovar refugees Saturday’s game ended Kuehne’s 33-year and our hearts are with the brave American she should be the Ms. Hockey award winner. hockey coaching career. He plans to retire to ‘‘We’re glad she’s leaving; she can take her his cabin on Leech Lake. He compiled a 103– servicemen and women who are leading the sister with her.’’ 4–3 record in four years as Roseville’s first NATO attacks on Slobodan Milosovic. As we Curtin will play for the University of Min- girls hockey coach. remember the Holocaust, we must all recom- nesota next season. But her sister, Renee, ‘‘That’s the kids’ record, though, not mit ourselves to the fight against modern-day will remain a potent scorer for the Raiders mine,’’ he said. ‘‘They’ve given me many genocide and oppression. We must ensure for two more seasons. And Ronda, who could wonderful memories.’’ be named the recipient of the Ms. Hockey that the phrase ``Never Again'' is not simply an award today, will leave with her name all f empty slogan. over the Roseville record book. f ‘‘It was a wonderful way to end my ca- A TRIBUTE TO TOM TROXEL reer,’’ Ronda Curtin said. ‘‘I’m really fortu- WOMEN’S HISTORY MONTH nate. I was able to come in with a bang by HON. BOB SCHAFFER HONOREES winning a state title in our first year, and OF COLORADO now I’m going out with a bang. I don’t know how anyone can top that. Playing girls hock- IN THE HOUSE OF REPRESENTATIVES HON. MARTIN OLAV SABO ey in Minnesota has provided me with lots of Tuesday, April 13, 1999 OF MINNESOTA memories.’’ IN THE HOUSE OF REPRESENTATIVES Mr. SCHAFFER. Mr. Speaker, I rise today Curtin’s four goals gave her seven for the Tuesday, April 13, 1999 tournament and 249 for her career. She fin- to pay tribute to Tom Troxel, the Director of ished her career with a state-best (boy or the Intermountain Forest Industry Association. Mr. SABO. Mr. Speaker, as Women's His- girl) 456 points. Mr. Troxel has demonstrated an unparalleled tory Month draws to a close today, I rise to sa- Her pure hat trick in the second period commitment to the timber industry and to the lute a woman from my Congressional District blew open a close game and gave the Raiders health and well-being of forests across the na- in Minnesota who, by her own example, has a commanding 6–2 lead. helped open the door for all women who ‘‘Oh, those goals were fun to watch, tion. His tireless efforts on issues related to weren’t they?’’ Roseville coach Rich Kuehne forestry, forest health and timber practices choose to serve in elected public office. said. have gone far to promote sound practices, to Alice W. Rainville, a wife and mother of Curtin showed the flair and intelligence level the playing field with the federal govern- seven, was the first woman to serve on Min- that became indelible to Roseville’s oppo- ment and to better our environment. Mr. neapolis' Metropolitan Transit Commission. nents. Troxel's high regard for our forested lands and She was appointed to the post by Minnesota She started her second-period spree with a the people that rely on them resonates with Governor Wendell Anderson in 1974Ða rare power-play goal at 6:41. She streaked down dedication and enthusiasm. Mr. Speaker, I achievement for a woman at that time in our the left side, sped around a defender and country's history. Also in that year, Rainville stuffed a shot past Jefferson goalie Dana commend Tom Troxel for all his efforts, and I Hergert. look forward to working with him in the future. served as the chair of the Democrat-Farmer- ‘‘Her reach is incredible,’’ Irvin said. ‘‘We f Laborer party in Minnesota's 54th Senate Dis- think she can stand at center ice and touch trict. In 1975, she sought and won the Fourth the sideboards. That is just one of the rea- SAN LUIS OBISPO HOLOCAUST Ward seat on the Minneapolis City Council. By sons why she is so tough to defend.’’ REMEMBRANCE doing so, Rainville became the fourth woman Less than two minutes later, while Rose- to hold a City Council seat in the history of ville was trying to kill a Jefferson power HON. LOIS CAPPS Minneapolis. She was re-elected every two play, Curtin zipped around defender Chrissie years thereafter until she retired in January, Norwich and had a breakaway. OF CALIFORNIA Just when it appeared Curtin would ram IN THE HOUSE OF REPRESENTATIVES 1998. Although she was not Minneapolis' first fe- into Hergert, she ripped a hard shot that hit Tuesday, April 13, 1999 the crossbar and bounced down into the net, male City Council member, Rainville became giving the Raiders a 4–1 lead. Mrs. CAPPS. Mr. Speaker, last Sunday, its first female City Council President. Becom- ‘‘We really came ready to play,’’ said April 11, a moving and important event took ing President in 1980, she led the Council until Renee Curtin, who assisted on two of her sis- place in San Luis Obispo, California, which I 1990Ðthe longest tenure of any City Council ter’s goals. ‘‘We were very focused and didn’t am proud to represent. President in Minneapolis. As President, let up.’’ Well, they did momentarily because Jeffer- Many of my constituents gathered at Cal Rainville played a major role in laying the son answered 34 seconds later. Bethany Pe- Poly Theater to commemorate the 12th annual groundwork for the new Minneapolis Conven- tersen trimmed Roseville’s lead to 4–2 with a San Luis Obispo Community Holocaust Re- tion Center, which opened in 1988. She wicked wrist shot from just inside the blue membrance. At this yearly event, the commu- worked with local officials and consultants on line. nity joins together to remember who died in the initial plans and construction of this world- E616 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 class facility, which is the largest public works both to save money and to deliver better patterns. A global fee that includes physician project ever undertaken by the city of Min- health care. services aligns incentives and encourages neapolis. She currently serves on the imple- Centers of Excellence has already been ap- physicians to use institutional resources in a mentation team for a Convention Center ex- proved by the House in the past. more cost effective manner. pansion project and remains a valued re- The bill we are introducing passed the Design of the Demonstration: Under the source for other development projects in the House in the 1997 Budget Reconciliation bill demonstration, Medicare paid each of the hos- city. (H.R. 2015). H.R. 2015 would have made the pitals a single global rate for each discharge Since Alice W. Rainville carved out her Centers of Excellence program a permanent in DRGs 106 and 107, bypass with and with- niche in Minneapolis politics in the 1970's, part of Medicare by authorizing the Secretary out catheterization. This rate included all inpa- more and more women have entered politics to pay selected facilities a single rate for all tient and physician services. The standard and government service in Minneapolis. services, potentially including post-acute serv- Medicare hospital passthroughs were also in- Today, including Mayor Sharon Sayles Belton, ices associated with a surgical procedure or cluded, i.e., capital and direct medical edu- a majority of the Minneapolis City Council hospital admission related to a medical condi- cation, on a prorated basis. Any related re- members are women. By proving to other tion. As with the CABG demonstration, se- admissions were also included in the rate. women that they, too, can achieve success in lected facilities would have to meet special Pre- and post-discharge physician services what had once been a male-dominated polit- quality standards and would be required to im- were excluded except for the standard inclu- ical world, Alice W. Rainville is a true pioneer. plement a quality improvement plan. sions in the surgeon's global fee. All four hos- Mr. Speaker, I am pleased to honor Alice The amendment was dropped in conference pitals agreed to forego any outlier payments W. Rainville in celebration of Women's History because of resistance from the Senate. Some for particularly expensive cases. The hospitals and physicians were free to divide up the pay- Month. I thank her for her contributions to the Senators from States where no hospitals were ment any way they chose. city of Minneapolis, and I wish her continued designated as Centers of Excellence felt that the program tended to cast into doubt the Medicare Savings under the Demonstration: successes in the future. From the start of the demonstration in May quality or excellence of non-designated hos- f 1991 through December 1993, the Medicare pitals. Mr. Speaker, the name of this program program saved $15.3 million on bypass pa- INTRODUCTION OF LEGISLATION is not importantÐwhat is important is that it tients treated in the four original demonstration TO SAVE MEDICARE LIVES AND can save money and by encouraging bene- MONEY hospitals. The average discount amounted to ficiaries to use hospitals that have high vol- roughly 14 percent on the $111 million in ex- ume, quality outcomes, it can save lives. pected spending on bypass patients, including HON. FORTNEY PETE STARK Like Lake Wobegon, where all the children a 90-day post-discharge period. OF CALIFORNIA are above average, it is human nature for all Ninety percent of the savings came from IN THE HOUSE OF REPRESENTATIVES Members of Congress to want their local hos- HCFA-negotiated discounts on the Part A and pitals to be above average. But not all hos- Tuesday, April 13, 1999 B inpatient expected payments. pitals are above averageÐand this is a seri- Eight percent came from lower-than-ex- Mr. STARK. Mr. Speaker, today I am intro- ous matter. In fact, it is a matter of life and pected spending on post-discharge care. ducing the first in a series of bills to modernize death. Beneficiary Savings under the Demonstra- Medicare for the future: the ``Centers of Excel- Indeed, good health policy in this nation tion: Beneficiaries (and their insurers) saved lence Act of 1999.'' Not only will this legisla- would prohibit hospitals from doing sophisti- another $2.3 million in Part B coinsurance tion save Medicare money, it will save the cated procedures if they do not have sufficient payments. lives of many of its beneficiaries. experience. This principle is applied to liver Total Savings under the Demonstration: Centers of Excellence has already been transplants, for example, and ought to be ap- Total Medicare savings estimated to have proven to decrease mortality and lower cost. plied to other complex procedures as well. We been $17.6 million in the 2.5 year period. Centers of Excellence originated as a dem- may all have pride in our local hospitals, but f onstration project in the early 1990's to evalu- the fact is: some of them are killing people be- ate the effect of volume on quality and mor- cause they do not do enough of certain types TRIBUTE TO NOU KA YANG tality for coronary artery bypass graft (CABG) of procedures and therefore are not skilled in surgery. The Department of Health and those procedures. HON. BRUCE F. VENTO Human Services selected facilities on the I regret that this important provision has OF MINNESOTA basis of their outstanding experience, out- been subjected to pork-barreling by previous IN THE HOUSE OF REPRESENTATIVES comes, and efficiency in performing these pro- Congresses. I hope that this body will see that Tuesday, April 13, 1999 cedures. They found that hospitals that do it is included in the next Medicare bill that Mr. VENTO. Mr. Speaker, I would like to large volumes of a certain type of procedure moves through Congress. submit for the RECORD this article from the tend to have better outcomes and quality. The Some members of the now defunct Medi- March 21, 1999 edition of the St. Paul Pioneer demonstration resulted in an 8 percent aver- care Commission are proposing radical and Press. This article tells the extraordinary story age annual decline in mortality and saved unnecessary changes to Medicare. Before we of a St. Paul teenager who has been re- Medicare an average of 14 percent on CABG cut back benefits and ask beneficiaries to pay warded for her perseverance and dedication to procedures. This year, CBO has scored the more, we should explore every possible cost her community. Centers of Excellence proposal as saving saving in the system. This bill is a step in the Ms. Nou Ka Yang received the honor of $300 million over five years and $600 million right direction: it saves money and improves being named The Boys and Girls Club Youth over ten years. the quality of care provided to seniors and the of the Year for the state of Minnesota. Ms. Since the early 1990's, numerous reports disabled. Yang has triumphed over the devastating cir- have come out documenting higher quality The 1999 Trustees report projects that the cumstances of losing her father at the age of care and lower mortality in facilities that per- Part A trust fund will remain viable until 2015, eight after spending time in a Laos Hmong ref- form a large volume of cancer treatments, car- one of the longest periods of solvency ever ugee camp. She is currently a high school diac surgeries, and transplants, among others. projected in the history of the program. Simple senior at Como Park High School where she These conditions often require highly special- changes, such as the Centers of Excellence is an honor student. She has maintained a 3.5 ized care that should only be provided by the proposal, are all that are needed to improve GPA and continues to support her community highest-rated facilities. Medicare for its beneficiaries. by doing activities such as translating for other Centers of Excellence is currently being As further explanation of why this legislation Hmong residents who do not speak English. used in the private sector to improve quality makes great sense, I am including below ``Ex- The Boys and Girls Club Youth of the Year and decrease cost. tracts from the November, 1995 Research Re- Award is a high honor that recently received Many private sector employers are requiring port'' on the Centers of Excellence Dem- the support of renowned talk show host Oprah higher quality standards from their health onstration. Winfrey. The winners are chosen based on plans. Not only are these employer groups CENTERS OF EXCELLENCE DEMONSTRATION EXTRACTS their leadership qualities, academic success, able to improve quality through Centers of Ex- FROM NOVEMBER 1995 RESEARCH REPORT and ability to overcome obstacles. These are cellence, they are also able to negotiate deep- Rationale for the Demonstration: Physicians all qualities that Ms. Yang and the other can- er discounts with high-volume facilities. Medi- operate under different payment incentives didates exhibit. Having youth in our commu- care should be given the authority to contract than hospitals, so hospital managers have dif- nities with such promise allows me to feel with certain hospitals for quality and volumeÐ ficulties implementing more efficient practice comfortable about the future of our country. CONGRESSIONAL RECORD — Extensions of Remarks E617 Each state finalist receives a $25,000 schol- A TRIBUTE TO STEVE WOMEN’S HISTORY MONTH arship and proceeds to the regional level ARVESCHOUG HONOREES where they compete for additional scholarship monies. I wish Ms. Yang luck as she proceeds HON. MARTIN OLAV SABO to the next level. I know that she will represent HON. BOB SCHAFFER OF MINNESOTA the Fourth District and the State of Minnesota OF COLORADO IN THE HOUSE OF REPRESENTATIVES well. Tuesday, April 13, 1999 IN THE HOUSE OF REPRESENTATIVES [From the Saint Paul Pioneer Press, Mar. 21, Mr. SABO. Mr. Speaker, as Women's His- 1999] Tuesday, April 13, 1999 tory Month draws to a close today, I rise to sa- ST. PAUL TEEN-AGER AWARDED $25,000 OPRAH lute a woman from my Congressional District SCHOLARSHIP Mr. SCHAFFER. Mr. Speaker, I rise today in Minnesota whose long commitment to com- (By Nancy Ngo) to pay tribute to Mr. Steve Arveschoug, the munity service has proven her to be a true A St. Paul high school senior has won the General Manager of the Southeastern Colo- leader. Boys and Girls Club Youth of the Year rado Water Conservancy District. Mr. Betty Benjamin has been a lifelong pro- award, good for a $25,000 Oprah Winfrey Arveschoug has demonstrated an unparalleled ponent of women's reproductive rights, playing Scholarship for college education. commitment to his work on behalf of the dis- Nou Ka Yang, 18, a senior at Como Park an active role in the pro-choice movement for High School, took top honors in the annual trict's many water users. He has emerged as 31 years. A former teacher and social worker, state competition that started in 1947. Until a national leader on the complex and frus- Benjamin helped organize the Abortion Rights the nonprofit service club joined forces with trating issue of Bureau of Reclamation over- Council of Minnesota in 1966, in light of her the television celebrity last year, however, sight. Mr. Arveschoug's tireless efforts have concern that existing law prohibited a woman's no cash prize was given. led to a Congressional initiative to examine right to choose and caused many women with Yang was chosen Saturday after interviews Bureau of Reclamation practices. Moreover, with judges at the Radisson Hotel St. Paul. unwanted pregnancies to seek illegal, dan- his keen eye for detail and persistence in ne- gerous abortions. Through her leadership in She competed against three candidates from gotiations has undoubtedly saved water users the Minneapolis, Duluth and St. Cloud youth the ARCÐtoday known as the Minnesota Na- clubs. and the taxpayers a significant amount of tional Abortion Rights Action League The Oprah scholarships were established hard-earned dollars. I commend Steve (NARAL)ÐBenjamin and the other unpaid vol- by the entertainer to help children who oth- Arveschoug for his solid efforts, and I look for- unteers worked countless hours in their effort erwise might not be able to afford college. ward to working with him in the future. to ensure that women have legal access to The Boys and Girls Club, which emphasizes abortion. Their educating, lobbying, and fund- working with underprivileged youth, was f chosen by Winfrey because of its national raising efforts were rewarded in 1973 when the U.S. Supreme Court ruled in Roe v. Wade work, said Marie Grimm, communications HONORING DR. MARY CEDERBERG director of the St. Paul Boys and Girls Club. to legalize abortion. Winners from all 50 states receive a $25,000 But Benjamin's work did not end there. She scholarship. Yang now advances to the re- has remained active in the pro-choice move- gional competition with prospects of winning HON. LOIS CAPPS ment because of her concerns that the Roe v. an additional $8,000. OF CALIFORNIA Wade decision could be eroded. She led the Yang plans to attend the University of Abortion Rights Council in Minnesota as presi- Wisconsin-River Falls, an option she doubts IN THE HOUSE OF REPRESENTATIVES would have been possible had she not won. dent for 14 years, and has served as a board She wants to be a computer animator. Tuesday, April 13, 1999 member of the National Abortion Rights Action She was chosen for her leadership quali- League since 1967. She represents Minnesota ties, academic success and abilities to over- Mrs. CAPPS. Mr. Speaker, I rise today to NARAL as incoming chairperson of the come obstacles. Yang, a Laotian Hmong ref- bring to the attention of my colleagues an ex- Women Candidate Development Coalition, ugee, arrived in the United States from a ref- traordinary doctor and friend who was recently which recruits women across the state to ugee camp in Thailand when she was 8 years honored for twenty-five years of outstanding serve in public office. She currently is a mem- old. She said her father was killed after re- service in Santa Barbara CountyÐDr. Mary turning to Laos from the refugee camp. ber of the National Organization for Women Yang has four brothers and two sisters. Cederberg. (NOW), at both the state and national levels. She said she often is busy helping her moth- A graduate of the University of Missouri, Recently, Minnesota NARAL established the er with household chores, as well as taking Mary received her M.D. from the University of Betty Benjamin Leadership Development Fund care of her younger siblings. Louisville, Kentucky. She then completed a to help identify, educate and train interested Her demanding home life has not prevented Fellowship at Boston Children's Hospital and Minnesota college students for future leader- her from becoming an excellent student. She worked briefly at Harvard University. Since ship roles. ended her junior year with a grade point av- Benjamin's tireless efforts and many accom- erage of 3.5 Yang has been a member of the 1956, Mary has worked tirelessly as a pediatri- Boys and Girls Club for five years and is ac- cian and an advocate for children. plishments on behalf of women's right to choose may best be explained in her own tive at the organization’s Mt. Airy public- During Mary's twenty-five years of service words: ``My concern is that the full range of housing complex location in St. Paul. with the Santa Barbara County Public Health ‘‘She’s an extremely hard worker,’’ said safe reproductive choices will be accessible to Department, she has directed the California George Latimer, former St. Paul mayor, who all our daughters and granddaughters. To Children's Services program as well as the was one of the judges. He said he was im- make that a reality there is much each person Children's Health and Disease Prevention pressed with Yang’s ability to balance home can do.'' Betty Benjamin's life is a testament and school tasks. Yang also contributes to (C.H.D.P.) program. It is through the C.H.D.P. to her words. her community in activities such as trans- program that Mary has left her mark on the lating for Hmong residents who do not speak Mr. Speaker, I am pleased to honor Betty entire county of Santa Barbara, by providing Benjamin in celebration of Women's History English, he added. innovative and comprehensive preventive care Yang sings in a church choir and is on the Month. I thank her for her contributions to both St. Paul Housing Authority’s teen council, to thousands of children. the state of Minnesota and to our country, and among other activities. Mary is a dedicated, hardworking, hands-on I wish her continued successes in the future. The other candidates for the youth award doctor, who does whatever it takes to help the f were Charles Adams, a senior at North High children and families she serves. It has been School in Minneapolis; Trena Ackerman, a an honor to have worked with her for so many SUPPORT PASSAGE OF H.R. 912, sophomore at Deerfield High School in Du- years. Dr. Mary Cederberg is a role-model for THE MEDICAL USE OF MARI- luth; and Tiffany Cherne, a sophomore at JUANA ACT Apollo High School in St. Cloud. our nation and her service exemplifies how we The Boys and Girls Club is a nonprofit or- want public health care to work. I will continue ganization for children ages 6 to 10. There to look to Mary's vision and leadership as our HON. FORTNEY PETE STARK are six Boys and Girls Clubs in Minnesota: nation addresses health care for children. OF CALIFORNIA St. Paul, Minneapolis, Duluth, St. Cloud, IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, today I celebrate Dr. Mary Mille Lacs and Detroit Lakes. The clubs Tuesday, April 13, 1999 have drug-and-alcohol prevention programs, Cederberg's career and I commend her for sports and social activities and offer career- years of service to the County of Santa Bar- Mr. STARK. Mr. Speaker, I rise today in education information. bara and to our nation. strong support of H.R. 912, The Medical Use E618 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 of Marijuana Act, introduced by Representa- and his efforts on behalf of Judaism. Born in and activities are vast and varied and they tive BARNEY FRANK. This bill would move mari- 1926 in Crakow, Poland, Bill survived the hor- have contributed much to the good of her juana from Schedule I of the Controlled Sub- rors of the Crakow-Plascow, Auschwitz, community. stances Act to Schedule II of the Act, allowing Rounienburg-Sachsenhausen and Mary Louise's education began in 1952 physicians to prescribe marijuana to patients Mauthausen concentration camps during when she studied nursing at the University of with a clear medical need for the drug. World War II. California at Berkeley. Later, at the Kaiser Institute of Medicine studies have shown Arriving in America in 1949, Bill lived first in Foundation School of Nursing she became a that components of marijuana relieve symp- Pennsylvania. He served as Vice President of registered nurse. Mary Louise did not end her toms associated with terrible diseases such as Congregation Ohev Zedek, and was an active educational endeavors there; from 1958 to AIDS, cancer, glaucoma, and epilepsy. The supporter of its day school, Beth Jacob, for 13 1967 she went on to obtain three more de- New England Journal of Medicine also sup- years. Oftentimes, when funds were low at the grees from the University of California system. ports the medical use of marijuana in relieving day school, Bill personally provided funding to Mary Louise took her educational the symptoms linked with these illnesses. As meet the school's expenses. Bill Zimmerspitz background to many fields. Most recently she an appetite stimulant, marijuana can help pre- is justly proud of his service as President of was the Community Outreach Program Direc- vent the weight loss associated with cancer the Sabbath Observance Council of Pennsyl- tor for Kaweah Delta District Hospital for which and AIDS. It can alleviate the nausea and vania. she also served as Clinical Nurse Specialist. vomiting associated with cancer chemo- Congregation Sons of Israel in Cherry Hill, Mary Louise held several nursing, instruction, therapy. Marijuana has also been proven to New Jersey, is fortunate to number him lecturing and leadership positions in the med- provide some relief to patients with glaucoma among its dedicated Board members. At Con- ical field. and epilepsy. Additionally, marijuana can pro- gregation Sons of Israel, Bill takes an active Along with her extensive employment his- vide pain relief to millions of patients suffering part in various charitable efforts, most notable tory, Mary Louise has been and still is in- from conditions ranging from post-surgery pain of which is the Gernilot Chesed fund, of which volved with a number of organizations. She is to chronic muscle spasms. Often the alter- he was Chairman. Through this fund, those in currently involved in the American Association of University Women, the Sons of Italy in native pain relief options for these conditions need secure loans at favorable rates of inter- America Lodge, Networking for Women, the have serious side effects such as liver and est. Tulare County Women's Symphony League, kidney damage, stomach bleeding, and ulcers. As Chairman of the Cherry Hill Political Ac- Soroptomists International of Visalia, Police Marijuana has never been shown to cause tion Committee, Bill has provided outstanding Activities League, the Tulare County League death or serious illnesses such as these. leadership and much time and effort to influ- of Mexican American Women and Pro Youth Opposition to medical marijuana use has ence U.S. policy on many issues of impor- Visalia. In 1995 she was elected to the Visalia often focused on the belief that legalizing the tance. Members of the U.S. Congress, gov- City Council, and served as Mayor of Visalia drug for medical use will lead to an increase ernors and other government officials have from 1995 to 1997. in its recreational use. I do not condone rec- been better able to do their jobs because of Mary Louise Vivier has gone far above the reational use of marijuana, nor does H.R. 912 his extensive efforts. call of duty to immerse herself in the needs of seek to increase illicit use. This bill is simply Bill has served for several years on New others and her community. She has dedicated meant to treat marijuana as we treat drugs Jersey's Commission of Holocaust Education, her life to making Visalia a great place to live. such as morphine. It would only be available for which he spent a great deal of time trav- I urge my colleagues to join me in recognizing to those with a doctor's prescription. eling the State of New Jersey providing a vivid Mary Louise for her service and dedication A recent Institute of Medicine report entitled ``verbal picture'' of life in the ghetto and of his and wishing her a fulfilled and successful fu- ``Medicine and Health Flash,'' concluded that deep hope and belief that events such as ture. there is no convincing data to support the be- these should never happen again. f lieve that the medical use of marijuana will Bill's reputation as a noted lecturer, teaching lead to an increase in its illicit use. The point today's youth of the devastating con- A TRIBUTE TO CHRISTINE KADLUB of making marijuana a Schedule II drug is so sequences of hatred cannot be overempha- that it can be regulated as closely as other sized. Unfortunately, health problems have HON. BOB SCHAFFER prescription drug with the potential for abuse. surfaced which cause him to be unable to OF COLORADO As we have learned in the failing, ``War on carry out the rigorous schedule he believes is IN THE HOUSE OF REPRESENTATIVES Drugs,'' treating marijuana as an illicit drug in necessary to continue his mission. Tuesday, April 13, 1999 all circumstances not only fails to curb its rec- Mr. Zimmerspitz met his wife, Nancy, while reational use, it eliminates a potential treat- living in Philadelphia, and there founded the Mr. SHAFFER. Mr. Speaker, I rise today to ment for some of the most painful and terrible W±Z Jewelry Company. Bill and Nancy have pay tribute to Ms. Christine Kadlub, the Gov- diseases. Treating marijuana as a prescription two daughters, Faye and Rochelle, and five ernmental Affairs Officer for the Platte River drug will give doctors more alternatives for al- grandchildren, of whom they are very proud. Power Authority. Ms. Kadlub has dem- onstrated an unparalleled commitment to leviating the pain and suffering of their pa- Three grandchildren, Aviva, Ricky and Ami live power consumers and the State of Colorado. tients. in Israel while two grandchildren, Jennifer and H.R. 912 would allow for the use and pos- Ricky, live in Clifton, New Jersey. Her tireless efforts on issues related to air quality, water and the restructuring debate session of marijuana by those who have been While his contributions to Holocaust edu- have gone far to protect many diverse inter- prescribed the drug by a physician. Passage cation will surely be missed, I am pleased to ests, to level the playing field with the federal of this bill will succeed in opening the door to pay tribute to William Zimmerspitz, a true gen- government, to protect our heritage and to increased research into the ways marijuana tleman and one of the finest human beings I better our environment. Her keen insight, can be of a medicinal value. We must not have ever had the privilege of knowing. A finer boundless energy, and ageless wisdom make eliminate the drug as a potential tool for alle- man you will never meet. her a special person and a great asset to viating the suffering of millions of Americans. f Coloradans. Mr. Speaker, I commend Chris- I urge my colleagues to support the Medical tine for all her efforts, and I look forward to Use of Marijuana Act. RECOGNIZING MARY LOUISE working with her in the future. f VIVIER f TRIBUTE TO WILLIAM HON. GEORGE RADANOVICH IN HONOR OF THE PANCYPRIAN ZIMMERSPITZ OF CALIFORNIA ASSOCIATION OF AMERICA IN THE HOUSE OF REPRESENTATIVES DANCE DIVISION AND MR. HON. JIM SAXTON Tuesday, April 13, 1999 ANDREAS CHRISTODOULOU OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Mr. Speaker, I rise today on behalf of the City of Visalia and the HON. CAROLYN B. MALONEY OF NEW YORK Tuesday, April 13, 1999 Kaweah Delta Health Care District to recog- IN THE HOUSE OF REPRESENTATIVES Mr. SAXTON. Mr. Speaker, I rise today to nize Mary Louise Vivier upon her retirement. pay tribute to my dear friend, William Mary Louise is the former mayor of Visalia Tuesday, April 13, 1999 Zimmerspitz, who is being honored this and has worked the past 17 years at the Mrs. MALONEY of New York. Mr. Speaker, evening for his contributions to the community Kaweah Delta Hospital. Her accomplishments I rise today to pay a special tribute to the CONGRESSIONAL RECORD — Extensions of Remarks E619 Pancyprian Association of America Dance Di- more enjoyable for the residents. Police are merous professional and community boards, vision on the occasion of its 23rd Anniversary hired to protect the populace, not to serve as committees and councils. on February 6, 1999. occupying armies. These should be self-evi- Dr. Foster implemented Meharry's ``I Have a The Dance Division, known as the dent truths, however there are governors and Future'' Adolescent Health Promotion Program Pancyprian Dance Group, was established in mayors who have forgotten the reason for in 1987. It is a year-round, comprehensive, 1976 with the purpose of promoting and state governments and the purpose of cities. community based health initiative designed to teaching traditional Cypriot and Greek dances ANTHEM OF THE STRONG MAYOR reduce the incidence of early sexual activity, to the young people of the Hellenic community O say can you see teenage pregnancy, alcohol, tobacco and and others interested in dance and culture. Perfection beckons me other substance use among adolescents, ages Through dance we are able to enjoy other cul- Power Mayors show no pity 10±17. The program has been recognized for tures and learn their history. Only through un- Traffic is the purpose of a City excellence by the Tennessee House of Rep- derstanding can we establish positive linkages Parks are not for dogs resentatives, the American Medical Associa- with our friends abroad. Kids are worst than hogs tion, the American College of Nurse Midwives- The Pancyprian Association of America Playgrounds breed infant crime Tennessee Chapter, and former President Dance Group has performed in many multi- Welfare mothers are a menace Keep seniors off the street George Bush, as the 404th Point of Light. cultural events around the United States and Incontinence is never neat Dr. Foster has been honored numerous abroad. Short skirts are a sin times by peers. These awards include: 1982 They have performed before President Cops bring holy violence in Man of the Year Award, Music City March of Jimmy Carter, Senator PAUL SARBANES, Sen- O say can you see Dimes Chapter; 1992 Boss of the Year Award, ator EDWARD KENNEDY, Senator BILL BRADLEY, Order is sweet rhapsody Meharry Association of Office Personnel; 1995 Congressman BENJAMIN GILMAN, Congress- Great revenues we bring Nashvillian of the Year Award, The Tennessee man MICHAEL BILIRAKIS, Congresswoman With the parking ticket sting Scene Magazine; 1996 Drum Major for Jus- We fill your days ILEANA ROS-LEHTINEN, President Glafcos With quota tow-aways tice, Martin Luther King Award, Southern Clerides, President George Vasiliou, Senator Auto bahs big and trains on time Christian Leadership Council, Atlanta; 1996 Alfonse D'Amato, Dr. John Brademas, myself, Progress with efficiency rhymes Meritorious Service Award, National Medical and others. Traffic is the purpose of a City Association, Obstetrics and Gynecology Sec- The Pancyprian Dance Group has per- Power Mayors show no pity tion, Chicago; and The President's Award, formed at Hofstra University; the Odyssey Cul- O say can you see from both Meharry Medical College Alumni As- tural Festival; the Olympic Cultural Center, Perfection beckons me. sociation, and Morehouse College Alumni As- Washington, DC; the Maliotis Cultural Center, f sociation, 1995. Boston, MA; and in Cyprus, Chicago, New Dr. Henry Foster's work has not been lim- Jersey, Tampa and New York. HONORING DR. HENRY FOSTER ON ited to the United States. He has been recog- This evening of celebration will also honor THE OCCASION OF HIS RETIRE- nized world-wide for advancement in the field Andreas Christodoulou. Mr. Christodoulou was MENT, FOR OUTSTANDING SERV- of Obstetrics and Gynecology and has partici- one of the founders of the organization that ICE TO THE UNITED STATES OF pated in healthcare events in Spain, Mexico, established the phenomenal model that Presi- AMERICA AND THE STATE OF Africa, Turkey, Israel, Egypt, Canada, South- dent Costas Hadjicharalambous and members TENNESSEE, AS A LEADER IN east Asia, England, Australia, Austria, Italy, of the Dance Division now follow. THE HEALTHCARE INDUSTRY China, Vietnam, West Indies, and France. Mr. Speaker, I ask that my colleagues rise Dr. Henry Foster has unselfishly served the with me in this tribute to the Pancyprian Asso- HON. BOB CLEMENT citizens of the United States of America for ciation of America Dance Division, a group OF TENNESSEE over forty years and has worked tirelessly to dedicated to bringing understanding, forming IN THE HOUSE OF REPRESENTATIVES improve the quality of healthcare for every bonds and educating with dance and music. Tuesday, April 13, 1999 woman and child. Every time Dr. Foster has f Mr. CLEMENT. Mr. Speaker, I rise today in been called on to serve his nation, he has done so without hesitation or reservation. His GOVERNMENTS ARE FOR PEOPLE honor of Dr. Henry W. Foster, Jr., on the oc- casion of his retirement, for forty-one years of sense of duty and courage are exemplary. For service to the United States of America and these reasons I honor Dr. Henry Foster today. HON. MAJOR R. OWENS the state of Tennessee, as a leading I wish him the best in his retirement. God OF NEW YORK healthcare advocate and practitioner. Dr. Fos- bless. IN THE HOUSE OF REPRESENTATIVES ter's entire professional life has been dedi- f Tuesday, April 13, 1999 cated to ensuring healthy women and babies REPORT FROM MADISON COUNTY, Mr. OWENS. Mr. Speaker, in Yugoslavia, across the globe. INDIANA—HOOSIER HEROES Dr. Henry Foster has contributed tremen- the popular belief strong cold-blooded leaders dously to the quality of our national are best for the social order has again brought healthcare. In 1995, President William Jeffer- HON. DAVID M. McINTOSH many innocent citizens to the hell of war. The son Clinton nominated him for United States OF INDIANA question is why do civilized, educated people Surgeon General. As a fellow Tennessean IN THE HOUSE OF REPRESENTATIVES allow sovereign predators like Slobodan and Member of Congress, I fully supported Dr. Tuesday, April 13, 1999 Milosevic to lead them into catastrophe and Foster's nomination. destruction? There are no easy answers to One year later, in 1996, President Clinton Mr. McINTOSH. Mr. Speaker, I rise today to this questionÐand Serbia is far away and named him Senior Advisor on Teen Preg- give my ``Report from Indiana'' where I honor mysterious to most of us. But closer to home, nancy Reduction and Youth Issues. That distinguished Hoosiers who are actively en- in too many governors and mayors in America same year he was named an Expert Consult- gaged in their communities helping others. we see the glorification of the strong, cold- ant to the Secretary of the Department of Mr. Speaker, it has always been my strong blooded leader. Elected executives who reck- Health and Human Services and to the Direc- belief that individuals and communities can do lessly cut families from the welfare rolls, deny tor of Centers for Disease Control and Preven- a better job of caring for those who need help food stamps and obscure the right to medicaid tion. Dr. Foster's input on the national level in our society than the federal government. exhibit the same temperament as national dic- has been highly valuable to our nation's The wonderfully kind and committed Hoosiers tators. Across the nation elected officials are healthcare as we prepare to enter the 21st who I have met traveling around Indiana have refusing to utilize the special health care pro- Century. not changed my view. gram for children (Child Plus); they are also He graduated from the University of Arkan- Ruthie and I have met hundreds of individ- refusing to spend available funds for day care sas School of Medicine in 1958. During his ca- uals who are committed to making our com- and job training programs. No one in Amer- reer he has served in the U.S. Air Force, as munities a better place in which to live and ican public life would use the phrase ``ethnic Chief OB/GYN at Tuskegee University, and as raise our childrenÐwe call them ``Hoosier He- cleansing'', but a member of the New York Dean and acting President of Meharry Medical roes''. Times editorial board once proudly sanctioned College in Nashville, Tennessee. I recognized this genuine Hoosier Hero in the concept of ``planted shrinkage''. Govern- Henry Foster has published over one hun- Madison County, Indiana recently in front of ments are for people. Cities exist to make life dred scientific articles and has served on nu- the Anderson Rotary Club. He is Jim Ault, who E620 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 is currently retired from General Motors but IN HONOR OF THE PAN GREGO- HONORING THE GOOD PEOPLE AT hasn't been spending his time sitting around. RIAN FUND OF METROPOLITAN TROUT AND RALEY Jim by working tirelessly on behalf of the less NEW YORK AND LONG ISLAND, fortunate epitomizes a Hoosier Hero. INC. ON THE OCCASION OF THE HON. BOB SCHAFFER ACADEMIC AWARDS BANQUET Jim has made Madison County a better OF COLORADO community through his voluntary efforts. He IN THE HOUSE OF REPRESENTATIVES serves on the Board of the Wilson's Girl's and HON. CAROLYN B. MALONEY Tuesday, April 13, 1999 OF NEW YORK Boy's Club, and raised a large amount of Mr. SCHAFFER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES money so that the club may direct the ener- to pay tribute to all the good people at Trout gies of Anderson's youth in a positive direc- Tuesday, April 13, 1999 and Raley, a natural-resource oriented law tion. Jim is also the President of Madison Mrs. MALONEY of New York. Mr. Speaker, firm in Denver, Colorado. Their work dem- County Community Foundation and he played I rise today to pay a special tribute to the Pan onstrates an unparalleled commitment to an essential role in restoring the Paramount Gregorian Fund of Metropolitan New York and sound practices, common sense and reason Theatre to its former glory and beauty. Long Island on the occasion of their Academic with regard to environmental policy. The tire- Awards Banquet on Sunday, March 7, 1999. less efforts, particularly of Mr. Bennett Raley, Jim's work has given so many people, the The Pan Gregorian Fund, spearheaded by Mr. Jim Witwer and Mrs. Julie McKenna have most precious gift possible, hope. He doesn't Tassos Manesis, is a non-for-profit corporation gone to protect many diverse interests, to do it for the pay, which is zilch; he does it for established in 1995 by the Food Industry Co- level the playing field with the federal govern- the smiles and laughter. Jim, you are a true operative of New York, Inc. The Fund's main ment, to protect our heritage and to better our hero in my book doing good works for others purpose is to advance, support, and promote environment. This team is indeed a great with no other motive than Christian charity. the Hellenic-American education system, the asset to the people of the State of Colorado. Jim Ault deserves the gratitude of his coun- Greek language, and academic excellence. Its Mr. Speaker, I commend the people of Trout ty, state, and nation and I thank him here activities are directed and carried out primarily and Raley for all their efforts, and I look for- today on the floor of the House of Representa- by Greek-American restaurants and others in- ward to working with them in the future. tives. volved in the food industry. f Since its creation in 1995, the Fund has awarded over $100,000 in grants and scholar- TRIBUTE TO CLAUDE C. LAVAL III f ships to the top graduates of the Hellenic- AND FAMILY American day schools, as well as teachers HONORING LEE ECKERT and principals in the New York City metropoli- HON. GEORGE RADANOVICH tan area in recognition of their dedication to OF CALIFORNIA HON. JERRY F. COSTELLO the education of youth. IN THE HOUSE OF REPRESENTATIVES In addition to the grant recipients, the Pan Tuesday, April 13, 1999 OF ILLINOIS Gregorian will be honoring Dennis Mehiel, Stanley Matthews and Thomas Calamaras at Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES the awards banquet. today to pay tribute to Claude Laval III and his family for their continual support of the Juve- Tuesday, April 13, 1999 Mr. Mehiel, a New York City native of Hel- lenic heritage, is the chairman, CEO and prin- nile Diabetes Foundation (JDF). This year, the Mr. COSTELLO. Mr. Speaker, I rise today to cipal shareholder of the Four M Corporation, JDF chapter in Fresno is honoring Claude ask my colleagues to join me in honoring Mr. Sweetheart Cup Company, and The Fonda Laval and family as the first recipients of the Lee Eckert, a dedicated community leader Group, Inc. Since 1978, he has been a leader ``Living & Giving Award.'' The Laval family from Millstadt, Illinois, in my congressional dis- in the field of education as a board member of played an instrumental part in the Pediatric Di- trict. the New Jersey independent high school for abetes Center in Fresno, at Valley Children's girls, a New York school for learning disabled Hospital. The mission statement of the Juve- Mr. Eckert has served the Village of children, Yeshiva University's Wuzweiler nile Diabetes Foundation is to ``Find a cure for Millstadt for 40 years as their Trustee. He and School of Social Work and the American Diabetes and its complications through the his wife, Lucille, live in Millstadt, where they Board of Overseers of Bar-ilan University. support of research.'' Mr. Laval is an active raised their four children, Trudy, Lana, Kelly, In 1966, he returned to his birthplace, participant in promoting the JDF mission state- and Toby. Washington Heights, and founded the ``All The ment. Lee Eckert is retiring this month after a dis- Way'' program, a kindergarten through college The Laval family became involved with the tinguished career of public service. During his education support program. ``All The Way'' Juvenile Diabetes Foundation 20 years ago tenure as chair of the Public Works Committee provides educational enrichment and supple- when their daughter was diagnosed with Dia- and Village Board, his tireless efforts can be mental health and social services for children betes. Along with their support for JDF, the recognized in many projects completed under and their families, culminating in a four-year, Laval family supported numerous Diabetes camps, making it possible for many children to his direction. Mr. Eckert skillfully guided the pre-paid college education. Mr. Matthews, born in Varvitsa, Lakonia, attend the camps. They are also dedicated development of the Industrial Park and new Greece, grew up during the German Occupa- supporters of the JDF walks to cure Diabetes. sewer treatment plan for the Village of tion and the Civil War. He emigrated to the Claude Laval was born and raised in Fres- Millstadt. He also was instrumental in coordi- United States in 1951. He founded the Greek no, he graduated from Stanford University in nating the building plans for the new govern- Children's Fund at Memorial-Sloan Kettering 1957. He is the sole owner and president of ment facility, which houses the Village Hall, Li- Cancer Center. As a result of a personal ex- the Claude Laval Corporation. The Claude brary, Mayor's Office, and until recently, the perience, he became acquainted with the fi- Laval Corporation is an International manufac- Millstadt Police Department. nancial and emotional stress cancer imposes turing company of filtration devices and down What is most notable about Lee Eckert is on its victims and their families. His fund has hole cameras. The Corporation is in its 27th his willingness to meet any challenge pre- raised approximately $2 million to help Greek- year. sented to him. I commend Mr. Eckert for his American families who have to deal with a life- In addition to his Corporation, Claude is integrity, compassion, and commitment to the threatening illness in addition to the added deeply committed to our community and ac- Village of Millstadt, so evident to anyone who burden of adapting to a new culture. tively serves on several state and local organi- has had the opportunity to know him. I want Mr. Thomas Calamaras came to the United zations. He has been on the Executive Com- to join the community in thanking Mr. Eckert States as an immigrant and proceeded to es- mittee of the Fresno Business Council since 1993, Chairman of the Jobs and Economic for his dedication and invaluable service for tablish a family food service business. Today, Development Committee and a member of the the past 40 years. I am confident that his fu- he and his family are an example of success- ful businesspeople and community-minded in- Fresno Business Council since 1996. Mr. ture years of retirement will be as productive dividuals. Laval has served as Chairman of the Central and fulfilling as his past. Mr. Speaker, I ask that my colleagues rise Valley Business Incubator since 1997. His Mr. Speaker, I ask my colleagues to join me with me in this tribute to the Pan Gregorian service is not only limited to the Central Val- in recognizing Lee Eckert for the example he Fund and its honorees, a group dedicated to ley, he serves as Director of International For- has set for us all. extending a helping hand to others. est Products in Vancouver, BC, Canada since CONGRESSIONAL RECORD — Extensions of Remarks E621 1994 along with a committee in Washington, watch the repeat of Hitler's death pageant is This anniversary has attracted worldwide at- DC where he is currently active on the Irriga- our duty. There are some who say that be- tention. The Washington Post and many other tion Association Legislative and Regulatory cause we cannot stop genocide everywhere, important media outlets covered this event. At Committee. Claude is Director of GDT Cor- we should refuse to stand against genocide this march, the Sikhs of America raised their poration in Phoenix, Arizona and the Director anywhere. We can not save them all: Tutsis in voices loudly for freedom. of American Ground Water Trust in Concord, Rwanda; Kurds in Iraq; Tibetans in China; but The heritage of the Sikh Nation is freedom. New Hampshire. These are just a few of the the world can take united action now. In this They ruled Punjab from 1765 to 1849. It was services that Mr. Laval has committed himself clear and present instance a portion of the civ- noted at the march that the last of the Sikh to. ilized world has both the capability and the will Gurus, Guru Gobind Singh, gave them a Mr. Speaker, it is with great honor that I pay to stop genocide. I am certain that the angels sense of national identity 300 years ago. It tribute to Claude Laval III and his family, for in heaven are applauding these bold and was pointed out that every day the Sikhs pray their service to the Juvenile Diabetes Founda- brave actions. that they shall again rule their homeland, Pun- tion. Mr. Laval is a faithful public servant, who Since the civilian electorate of Serbia/Yugo- jab, Khalistan. has taken it upon himself to be a active partic- slavia has not been willing or able to save Sikhs are a separate people, both religiously ipant in numerous causes and organizations itself from totalitarian disease; and because a and culturally. They are not a part of Hindu throughout the United States and Canada. I minority of military monsters with tanks and India. No Sikh representative has ever signed ask my colleagues to join me in wishing Laude machine guns can hold the majority of a na- the Indian constitution. Laval and his family many more years of con- tion hostage; outside intervention is some- Many of us in this House, from both parties, tinued service and success. times the only antidote to a spreading poison. have been calling for an end to American aid f Decades of autonomy was the peaceful solu- to India until it respects basic human rights tion that Milosevic eradicated. Let the Kosovo and for a free and fair vote on the political sta- KOSOVO IS A CAMPAIGN OF campaign of compassion send a message to tus of Punjab, as well as notes on the status COMPASSION sovereign predators everywhere. Sovereign of Kashmir, Nagaland, and all the nations liv- predators will not be allowed to savagely de- ing under Indian rule. This auspicious anniver- HON. MAJOR R. OWENS vour human rights. Diplomatic condemnation sary would be a good time to renew that call OF NEW YORK of genocide will always be a certaintyÐand and renew our efforts to bring freedom, peace, IN THE HOUSE OF REPRESENTATIVES sometimes military confrontation will also be and prosperity to all the people of South Asia. possible. Tuesday, April 13, 1999 I insert the Washington Post article in the I appeal to progressive thinkers everywhere RECORD. Mr. OWENS. Mr. Speaker, the US/NATO to lay aside any fuzzyminded analyses and re- [From the Washington Post, Apr. 11, 1999] military intervention in Kosovo is not driven by member the Hitler syndrome. ``Never Again'' any vested interests, financial or strategic hid- must not be an abstract slogan. Each one of SIKHS PARADE AND PRAY FOR SEPARATE NATION den agenda. These nations are motivated by us has a duty to take a forceful position. We great moral interests and high standards should all be proud of the fact that this ``indis- (By Caryle Murphy) which require that civilized people never again pensable nation'' has both the will and the Chanting praises to their greatest guru and walking behind a giant model of their Golden should tolerate any rationalization for geno- power to reinforce the foundations of a com- passionate civilization. Temple, several thousand Sikhs marched cide. Our nation's generous commitment of re- down Constitution Avenue yesterday to cele- sources and the large-scale risk of American f brate the 300th anniversary of their reli- lives, not in pursuit of the usual narrow vital in- SIKHS MARCH TO CELEBRATE gion’s most sacred event, the creation of the first community of Sikh believers. terests, but to protect the sacred lives of 300TH BAISAKHI DAY human beings that we will never know person- Five bearded Sikh priests bearing long ally, represents a laudable and noble national daggers and dressed in saffron-hued turbans, action. The Roman Empire only dispatched its HON. EDOLPHUS TOWNS led the colorful Khalsa March ’99 from the Lincoln Memorial to the Capitol. A float car- legions to achieve greater conquests. This OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ried the Sikh scripture, Granth, which was American ``indispensable nation'' has deployed covered by a silver canopy decorated with its armies in an unprecedented campaign of Tuesday, April 13, 1999 flowers. compassion. Mr. TOWNS. Mr. Speaker, on Saturday, The march, which drew many of the Wash- Adolf Hitler, Joseph Stalin, Sadam Hussein, April 10, the Sikhs of the United States ington area’s 7,000 Sikhs and others from Ede Amin, the Hutu Generals of Rwanda; marched to celebrate the 300th anniversary of across the country, was mainly to honor Slobodan Milosevic; call the roll of sovereign the initiation of the Khalsa Panth. The march, Sikhism. predators who have used murderous ethnic ‘‘I came to celebrate our religion and what which was led by Dr. Gurmit Singh Aulakh and it’s given to humanity,’’ said Permeil Dass, scapegoating to seize, hold and expand their the Council of Khalistan, was a celebration of 24, of Cleveland, who works in a community powers. From ancient Egypt to Kosovo the all the Sikhs in this country. Similar celebra- computer center. demagogues repeatedly have used the same tions have been held or are being held in ‘‘Our religion is very modern,’’ she added, methods and found a willing mass of sup- other countries. This was a major milestone noting that it opposes inequality between porters. The U.S.-led resistance to genocide in for the Sikh Nation. I congratulate the Khalsa human beings, the worship of idols and use of Kosovo shows that finally we have not only Panth (Sikh Nation) on their auspicious 300th intoxicants. learned a vital lesson of history, but now that But yesterday’s day-long event was as Baisakhi Day. much political as religious, with speakers at knowledge also provides an imperative for The Sikhs received congratulations from a pre-parade rally calling for an independent painful but effective action. several of my colleagues including our own Sikh nation—to be named Khalistan—in the Slobodan Milosevic should have been de- Minority Whip, and also from the Mayor of northwest Indian state of Punjab, home of clared a war criminal eight years ago. Diplo- Washington, DC, Anthony Williams. I note that the Sikh religion. The Indian government matic patience has been cleverly manipulated the Governors of Texas and New Jersey have opposes a separate Sikh state in Punjab. by this sovereign predator. Better late than also proclaimed ``the Year of the Khalsa.'' It is ‘‘In the Sikh religion, religion and politics never, we must now declare Slobodan good to see such bipartisan support for the are inseparable,’’ said Gurmit Singh Aulakh, Milosevic a war criminal and send a clear head of the District-based Council of Sikhs, who are being subjected to brutal atroc- Khalistan, one of the groups sponsoring yes- message to all of his confused civilian fol- ities and repression in India. Justice Ajit Singh terday’s event. ‘‘We are aware that without lowers now mobilizing in their neighborhoods Bains, Chairman of the Punjab Human Rights political power no religion can flourish.’’ under misplaced banners of nationalism and Organization, and General Narinder Singh Among the banners carried in the parade patriotism. For more than eight years the citi- from Punjab, Khalistan, spoke to the event. were ones that said, ‘‘To Save Sikhism, zens of Serbia/Yugoslavia have failed to mar- Their remarks were very well received, from Sikhs Want-Khalistan’’ and ‘‘A Sikh Nation, shal internal sovereign resistance to the geno- what I am told. On the Move.’’ cidal policies of their dictator. Their popular I wish I could have joined my Sikh friends In an interview, San Diego resident at this march, but I was not able to do so. I Harinder Singh indicated that nationalism, will majority's complicity with evil is the true as much as religious devotion, had brought cause of the present conflagration in the would like to take this opportunity to congratu- him to yesterday’s event. Balkans. late them on this important anniversary. I look ‘‘This is the least we can do to have some War is hell and we extend our prayers to in- forward to greeting many of them at the up- political voice around the world,’’ the 36- nocent victims on all sides. But the refusal to coming Vaisakhi Day parade in New York. year-old software engineer said. The message E622 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 he hoped to deliver, he added, was that goal is to bring all members of the community Springs Utilities. Mr. Kuharich has dem- ‘‘sooner or later [Khalistan] is going to hap- together to learn and discuss the atrocities of onstrated an unparalleled commitment to pen.’’ not only the Holocaust but the repercussions power consumers and the State of Colorado. On Friday, the Indian Embassy’s Deputy Chief of Mission T.P. Sreenivasan, said cele- of prejudice, discrimination, degradationÐthe His tireless efforts on issues related to air brations of the Sikh religion are ‘‘something driving force behind the Holocaust. quality, water and Endangered Species Act re- we heartily support.’’ The highlight of the event, however, is sure form have gone far to protect many diverse in- As for political demands voiced at the pa- to be from the guest speaker and Holocaust terests, to level the playing field with the fed- rade, Sreenivasan added: ‘‘This is a free survivor, Mr. Fred Margolies. Mr. Margolies eral government, to protect our heritage and to country. But that is not the purpose of the fled from Germany to Holland following the better our environment. Mr. Kuharich's keen march.’’ ``Kristalnacht.'' At only 11 years old, Mr. insight and wealth of experience is a great In a 1984 crackdown on Sikh militants, In- Margolies had to endure unimaginable pains benefit to Coloradans. Mr. Speaker, I com- dian police raided their Golden Temple at in order to survive. Once arriving in the United Amritsar. In retaliation, Sikh bodyguards mend Rod for all his efforts, and I look forward killed Indian Prime Minister Indira Gandhi States, Mr. Margolies made it a priority to not to working with him in the future. five months later. let his experiences go silenced. Rather, he Yesterday’s event, which Aulakh esti- was pro-active in many organizations, serving f mated drew 25,000 Sikhs, commemorated the as former Vice President to the Long Island day in 1699 when the 10th and greatest Sikh Committee for Soviet Jewry and to the Temple HONORING RICHARD KRESEVITEH teacher, Guru Gobind Singh, initiated of Shalom in Westbury. Presently, Mr. GILBERT FOR ACHIEVING THE Khalsa Panth, the ‘‘Brotherhood of the Margolies serves on the New York State Holo- RANK OF EAGLE SCOUT Pure.’’ caust Education and Jewish Advisory Com- Khalsa Panth is the community of those who commit themselves to the tenets of mittee of Nassau County and speaks exten- Sikhism. In creating Khalsa Panth, Gobind sively on college campuses, public and private HON. MICHAEL F. DOYLE schools, and community organizations. broadened authority within the religion and OF PENNSYLVANIA took the final step, Sikhs believe, in the cen- For these tremendous contributions to New turies-long establishment of their religion, Jersey and their unwavering commitment to IN THE HOUSE OF REPRESENTATIVES which began in the 1400s with the first Sikh fighting discrimination, I am very happy to Tuesday, April 13, 1999 teacher, Guru Nanak. honor all of the individuals who have worked Before yesterday’s march, the Sikhs gath- so diligently on this event. I salute and con- Mr. DOYLE. Mr. Speaker, it is with great ered in front of the Lincoln Memorial, where gratulate all of them on their extraordinary ac- many waved small U.S. flags and saffron-col- pride that I rise today to recognize one of ored flags with the blue Sikh symbol of complishments to the Jewish Community. Pennsylvania's outstanding young students; Khalsa. On state, musicians played Sikh f Mr. Richard Kreseviteh Gilbert. This February, songs on the harmonium and drums called OVER-TAXED CITIZENS Richard attained the coveted rank of Eagle ‘‘tabla.’’ Scout, a distinguished goal that only 2 percent Dressed in long, flowing tunics with of Boy Scouts reach. Rich's achievement is matching pantaloons, women wound their HON. RON PACKARD the culmination of years of hard work, dedica- way up a red carpet to kneel and kiss their OF CALIFORNIA tion, and community service. holy scripture, dropping offerings of a dollar IN THE HOUSE OF REPRESENTATIVES or two. Later, all stood in place with hands Each Eagle Scout candidate is required to Tuesday, April 13, 1999 folded and heads bowed for a communal have earned a minimum of 23 Merit Badges, prayer. Then it was time to march. Mr. PACKARD. Mr. Speaker, it is time we as well as contribute as least 100 man-hours f hear the cries of the American taxpayer and toward a community oriented service project. offer much needed tax relief to the citizens of Richard Gilbert, true to his selfless Scout na- IN HONOR OF THE JEWISH COMMU- this country. This week I am especially re- ture, went above and beyond these minimum NITY CENTER OF BAYONNE, NEW minded of the many hardworking families in requirements, earning 33 Merit Badges and JERSEY, AND THEIR ANNUAL Southern California and across the country logging over 400 man-hours on his Eagle HOLOCAUST REMEMBRANCE DAY who foot the bill year after year for Washing- Scout Project. For his particular project, Rich OBSERVANCE ton's tax and spend mentality. chose to design and build a new retaining wall Every year, the federal government takes between American Legion Post 660 and St. HON. ROBERT MENENDEZ more and more tax dollars from America's Ireanaeus Church in his hometown of families. Today the average American family OF NEW JERSEY Oakmont. pays more in local, state and federal taxes IN THE HOUSE OF REPRESENTATIVES than for food, clothing, shelter and transpor- Under his direction, Richard and 33 others Tuesday, April 13, 1999 tation combined. In fact, the Census Bureau gave up their summer vacations to work on Mr. MENENDEZ. Mr. Speaker, I rise today recently reported that the average household the old retaining wall which had deteriorated to recognize the Jewish Community Center of pays $9,445 in annual federal income taxes on the S. Ireanaeus school playground. He Bayonne, New Jersey, on their annual Holo- aloneÐtwice that paid in 1985. Yet despite a and his crew worked through the hottest caust Remembrance Day Observance. projected surplus of $4.9 trillion over the next months of this summer to shape 120 ties and The Jewish Community Center, headed by 15 years, taxpayers will pay more than $10 22 tons of gravel into a wall which measures co-chairmen Aaron and Michael Kessel, has trillion in taxes to the federal government over 6 feet tall and 110 feet long. Because of Rich- organized a remarkable program designed to the next five years and more than $22 trillion ard's exemplary commitment to his project, St. provide understanding about the horrors of the over the next ten years! Ireanaeus Church and Post 660 both spon- Holocaust through education; our most impor- Mr. Speaker, while the President fights to sored his efforts, and Conrail graciously do- tant and fundamental tool in promoting the raise taxes, my Republican colleagues and I nated the needed railroad ties. Not only did truth about the Holocaust. Using the theme ``In are struggling to lower them. I think the choice Rich's labor improve the aesthetic beauty of Darkness there is Light,'' the message is that to lower taxes is an obvious one. We must the community, but it greatly improved the even at one's lowest momentÐwhen one is keep hard-earned wages where they belongÐ safety of the nearby playground. stricken with despair and sees no way outÐ in the pockets of those who earn them. We Richard Kreseviteh Gilbert is currently a even then, there is still hope; there is still pos- must stand up for the American taxpayer. Junior at Riverview High School in Oakmont, sibility; there is still life. f and continues to shine as an outstanding From the eighth grade students who will be A TRIBUTE TO ROD KUHARICH OF leader among both his classmates and fellow taking part in a special assembly program to COLORADO SPRINGS UTILITIES Scouts in Troop 7854. His Scoutmaster, Mr. the seventh grade students who will be meet- Dave Scatina has certainly provided the guid- ing with teacher volunteers to the proclamation ance and leadership that promote the growth which will be given by the mayor of Bayonne HON. BOB SCHAFFER of outstanding young Scouts like Rich. I am OF COLORADO and honorary chair of the event, Mr. Joseph honored to stand here today in sincere praise IN THE HOUSE OF REPRESENTATIVES Doria, this day of remembrance and recogni- of this outstanding example of the importance tion is an all-encompassing event. Supported Tuesday, April 13, 1999 of community involvement. Congratulations by the city of Bayonne, the Bayonne Interfaith Mr. SCHAFFER. Mr. Speaker, I rise today Richard, your achievements make us all very Clergy and the Jewish Community Center, the to pay tribute to Rod Kuharich of Colorado proud. CONGRESSIONAL RECORD — Extensions of Remarks E623 INTRODUCTION OF RESOLUTION WOMEN AND BUSINESS What distinguishes Johnson's Corner from ON INDIVIDUALS WITH DISABIL- all the rest? According to Travel & Leisure ITIES ACT FUNDING HON. CAROLYN McCARTHY magazine, it's the restaurant's cinnamon rolls. OF NEW YORK Today, I wish to confirm that the ``World Fa- HON. MICHAEL N. CASTLE IN THE HOUSE OF REPRESENTATIVES mous Cinnamon Rolls'' are the best and de- OF DELAWARE serve recognition as does the restaurant busi- Tuesday, April 13, 1999 IN THE HOUSE OF REPRESENTATIVES ness itself. A way station for travelers driving the inter- Tuesday, April 13, 1999 Mrs. MCCARTHY of New York. Mr. Speak- er, I rise today to recognize the enormous state highway, this old-fashioned, 24-hour Mr. CASTLE. Mr. Speaker, I am pleased to contribution women have made to the econ- truck stop lit up with neon signs, serves up join with my colleagues to introduce a resolu- omy. As a Member of the Small Business cinnamon rolls and other good food on for- tion calling on the President and Congress to Committee and life-long Long Islander, the mica-topped tables in a family atmosphere. fully fund the federal government's obligation issue of small business is an important one to The nearly 50-year old business maintains a under the Individuals with Disabilities Edu- me. great deal of pride in its service to a clientele cation Act. As we approach the new millennium, an in- of farmers, truckers, cowboys, bikers, and In 1975, Congress passed the Education for creasing number of women are starting their tourists. In addition, its location and hospitality All Handicapped Children Act, commonly own businesses. According to the National have proven to be a good place for Members known as P.L. 94±142. The Act built upon pre- Foundation of Women's Business Owners, as of Congress and other elected officials to hold vious legislation to mandate that all States of 1997 there were 8.5 million women-owned town meetings. provide a Free Appropriate Public Education businesses in the United States employing It is for these reasons I happily rise today to (FAPE) to all disabled children by 1978. It also over 23 million people and generating close to honor the Johnson family and their employees established the federal commitment to provide 3.1 trillion in sales as of 1997. Between 1987 at Johnson's Corner. I hold them up to the funding aid at 40% of the average per pupil and 1997, the number of women-owned firms House and to all Americans, as a fine exam- expenditure to assist with the excess costs of increased by 89% nationwide, and as of 1996 ple of the best of America's businesses. They educating students with disabilities. Histori- women-owned businesses accounted for 36% exemplify the industrious spirit and can-do-atti- cally, however, the appropriations for IDEA of all firms in the United States. tude that have made America great. have not come close to reaching the 40% Knowing how important small businesses f level. Federal funding has never risen above are to our economy, I hope we will continue 12% of the cost. As a result, local schools and supporting the collection of data on women CONGRATULATING THE SIKH NA- States are picking up the tab for an additional owned businesses as a regular part of the TION ON ITS 300th BAISAKHI DAY 28% above their fair share of special edu- economic census of business. The knowledge SELF-DETERMINATION FOR THE cation costs. such data provides is truly priceless, and I SIKHS As a former Governor, I have a unique un- want to ensure it remains fully funded every derstanding of special education funding and year. Thousands of remarkable women have HON. GARY A. CONDIT the tremendous burden this unfunded man- made significant advances for our economy, OF CALIFORNIA date places on schools. Local school districts and they deserve nothing less than our full IN THE HOUSE OF REPRESENTATIVES spend on average 20 percent of their budgets support. Tuesday, April 13, 1999 on special education. Put simply, local schools f are expected to pay much more than their fair Mr. CONDIT. Mr. Speaker, on April 14, the share. This needs to change. If the federal PERSONAL EXPLANATION Sikh Nation will celebrate its 300th Baisakhi government fulfilled its special education obli- Day. This is a major milestone for the Sikhs of gation for local schools, Washington would not HON. LYNN C. WOOLSEY America and the world, and I would like to have to step in to address issues such as OF CALIFORNIA take this opportunity to congratulate them on class size reduction and building new school this occasion. IN THE HOUSE OF REPRESENTATIVES buildings. These decisions could be left up to More than 40,000 Sikhs came to Wash- local school districts who better understand Tuesday, April 13, 1999 ington, D.C. this past weekend to celebrate the dynamics and needs of their students. Ms. WOOLSEY. Mr. Speaker, I was un- with a march organized by Dr. Gurmit Singh This is precisely why the federal government avoidably detained yesterday returning from Aulakh, President of the Council of Khalistan, must fulfill the commitment it made in 1975. my Congressional District. Had I been present, who is a friend of many of ours. The march In Delaware, for instance, our largest school I would have voted ``yea'' on the following was a huge success, and I would like to con- district, the Christina School District, currently three roll call votes: No. 78 on H. Res. 135 re- gratulate Dr. Aulakh and everyone who was receives $800,000 per year in special edu- garding amendments to H.R. 98, Aviation War involved in this very successful event. Through cation funding. The federal commitment is to Risk Insurance Program Extension; No. 79 on their hard work one of the largest groups that pay Christina School District $4.4 million. This H.R. 911, to designate the new Federal Build- Washington has seen in a long time showed means that if we fulfilled our commitment, ing in Raleigh, North Carolina, as the ``Terry up to celebrate the Sikh heritage and declare Christina School District would have an addi- Sanford Federal Building''; and No. 80 on H. the need for a free and independent Khalistan. tional $3.3 million to focus on the needs of Con. Res. 68, instructing conferees on the FY There are about 500,000 Sikhs in the United their students and teachers. The entire State 2000 budget to protect Social Security and States. They are part of a vibrant 22-million of Delaware, if special education were fully Medicare. strong Sikh community around the world. They funded, would receive an additional $24.8 mil- f have added to America in many different fields lion. This is a tremendous amount of money, of endeavor. Here the Sikhs live in freedom that is desperately needed by local schools in A TRIBUTE TO JOHNSON’S CORNER and prosperity. Yet in their homeland, Punjab, order to reduce class size, build and mod- Khalistan, they suffer under the brutal tyranny ernize schools, and implement technology into HON. BOB SCHAFFER of the Indian government. Under this brutal education. If the federal government fulfills its OF COLORADO policy, the Indian government has murdered commitment to fund 40% of special education IN THE HOUSE OF REPRESENTATIVES more than 250,000 Sikhs since 1984. Thou- costs, States and schools across the nation sands more are held in Indian jails, most with- would have the opportunity to focus their Tuesday, April 13, 1999 out charge or trial. funds on the unique and individualized needs Mr. SCHAFFER. Mr. Speaker, in Larimer Sikhism is an independent, monotheistic, re- of their schools. County, Colorado, there is a family-owned vealed religion. It is not part of any other reli- The Republican Congress has worked to in- business, Johnson's Corner, which has been gion, though it does have some beliefs that crease special education funding. Since 1995, named as one of the top ten best places in are also held by other religions. Like Chris- IDEA funding has increased by over 85%. the world to eat breakfast, and was the only tians and Muslims, Sikhs have been victims of This is an increase of approximately $1.4 bil- United States restaurant to be named. Found- the Hindu extremists who dominate Indian life. lion. Congress now needs to garner the sup- ed by Joe Johnson in 1953 along Interstate 25 Like Christians and Muslims, Sikhs are reli- port of the President and the Administration to before it was an interstate, it is now run by his giously and culturally distinct from Hindu India. make IDEA funding a priority for our nation's widow, Virginia, and stepson, Chauncey Tay- The Sikhs have a heritage of self-rule. They schools. lor. ruled Punjab independently from 1765 to E624 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 1849. No representative of the Sikh people There is a genuine Hoosier Hero in Muncie, IN SPECIAL RECOGNITION OF THE has ever signed the constitution of India, 51 Indiana. He is Craig Miller, who I am proud to KOESTER CORPORATION FOR ITS years after India became independent. In Oc- say is a constituent of mine and has made our OUTSTANDING COMMITMENT TO tober 1987, Khalistan declared itself inde- community a better place to live. THE DEFIANCE COMMUNITY FOR pendent from India, much as we declared our THE PAST THIRTY YEARS own independence in 1776. They created the Craig has made Muncie a better place Council of Khalistan, headed by Dr. Gurmit through his voluntary efforts. He is on the HON. PAUL E. GILLMOR Board of the Indiana Red Cross; in fact, he Singh Aulakh, to serve as the government pro OF OHIO spent so much time on others needs, they tempore and lead the peaceful struggle for IN THE HOUSE OF REPRESENTATIVES independence. made him, ``Volunteer of the Year for 1997'', Tuesday, April 13, 1999 What we know as India never existed before because of his efforts on behalf of the less for- the British created it. Prior to the British con- tunate. Craig also serves on the Board of the Mr. GILLMOR. Mr. Speaker, it is with great quest of South Asia, the region had many Boys' and Girls' Club in Muncie. pleasure that I rise today to pay special tribute countries which ruled themselves. Just as the to a remarkable, community-minded organiza- Soviet Union's multiethnic empire collapsed, His work has given so many people the tion from Ohio's Fifth Congressional DistrictÐ so must India's. It is inevitable. Given India's most precious gift possible, hope. Craig the Koester Corporation. nuclear weapons and missile development, doesn't do it for the pay which is zilch; he In 1970, guided by an unwavering commit- the world must remain alert to make certain does it for the smiles and laughter. You are a ment to quality and entrepreneurial spirit, Wil- that South Asia does not become another true hero in my book, doing good work for oth- liam C. Koester founded the Koester Corpora- Balkan Peninsula full of Bosnias and Kosovos. ers with no other motive than Christian charity. tion. For the past thirty years, the Koester Cor- poration has been an integral part of the Defi- The best way to do that is to work for peaceful Craig Miller deserves the gratitude of his solutions to the region's ethnic and religious ance community, and has been a key player city, state, and nation and I thank him here violence. in the manufacturing industry in Northwest In previous Congresses, I have sponsored a today on the floor of the House of Representa- Ohio and around the world. resolution calling for a free and fair plebiscite tives. Through Mr. Koester's innovation and deter- under international supervision to achieve a mination, the Koester Corporation has grown peaceful solution to the issue of independence f from the small firm of three employees he for Khalistan. I urge the same also for Kash- started in the early 1970's, to an industrial mir, where it was promised by India in 1947, TRIBUTE TO SHERLLYNN RUSSO heavyweight with approximately sixty employ- for Nagaland, and for all the states and re- ees, conducting its business both domestically gions where there are independence move- and in the international marketplace. Through- ments. This is the democratic way to settle HON. DAVID E. BONIOR out its success, the Koester Corporation has these issues, and India claims to be a democ- OF MICHIGAN maintained its presence and headquarters in racy. Let the world see Indian democracy in Defiance for almost thirty years. action by scheduling these plebiscites now. If IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the true greatness of American it is good enough for the people of Puerto Tuesday, April 13, 1999 productivity and manufacturing prowess is evi- Rico and Quebec, it is good enough for the dent from the unique history of the Koester people of Khalistan, Kashmir, Nagaland, and Mr. BONIOR. Mr. Speaker, I am honored to Corporation. With great expectations and more the rest of South Asia. have the opportunity to recognize the achieve- than a little hard work, William Koester has In addition to calling for a plebiscite, we ments of a special person, Ms. Sherllynn transformed his vision into a highly successful should end U.S. aid to India until basic human Russo. This evening she is being honored as manufacturing and process control business. rights can be freely exercised by all people one of the Clinton Township Goodfellows of With the combination of his vision and the dedication and talents of the employees at the under India's rule and we should declare India the Year recipients for 1997±1998 by commu- a violator of religious liberty for the killings of Koester Corporation, the recipe for success is nity members and friends. Christians, Muslims, Sikhs, and others, then written. At the same time, Mr. Koester has impose the sanctions that this status brings. If The members of the Clinton Township maintained his commitment to the local com- the situation changes, the sanctions can and Goodfellows have contributed their time and munity and has strived to succeed as a good should be lifted. resources to the betterment of the community community partner, as well. Congratulations again to the Sikhs on their for many years. Their goal is to aid the public Mr. Speaker, it has often been said that 300th anniversary. May this occasion mark not in ways that other charities and the govern- America succeeds due to the outstanding con- just an anniversary, but a new birth of freedom ment could not. For the past five years, tributions of her citizens. In the case of William C. Koester and the Koester Corporation, I in South Asia. Sherllynn has served in various Board posi- f think that adage is very appropriate. At this tions for the Goodfellows. She has done par- time, Mr. Speaker, I would ask my colleagues REPORT FROM MUNCIE, INDIANA— ticularly commendable work on behalf of chil- to stand and join me in paying special tribute HOOSIER HEROES dren. She has co-chaired the Christmas Toy to the Koester Corporation. For its thirty years Committee for the past two years providing joy of service to business, industry, and the Defi- HON. DAVID M. McINTOSH to many children who otherwise might not ance area, we offer our sincere gratitude and OF INDIANA have had a merry Christmas. our best wishes for the future. IN THE HOUSE OF REPRESENTATIVES Sherllynn is employed by the General Mo- f Tuesday, April 13, 1999 tors Corporation as a Communications Man- RECOGNITION OF SPEECH BY STU- Mr. MCINTOSH. Mr. Speaker, I rise today to ager, but still finds the time to volunteer in DENT GOVERNOR REBECCA give my ``Report from Indiana'' where I honor many community organizations. She is an Ex- DESILETS UXBRIDGE HIGH distinguished fellow Hoosiers who are actively ecutive Advisor for Junior Achievement of SCHOOL engaged in their communities helping others. Southeast Michigan, the President of the Mr. Speaker, it has always been my strong Board of Directors of her home owners asso- HON. RICHARD E. NEAL belief that individuals and communities can do ciation and Financial Secretary for the G.M. OF MASSACHUSETTS a better job of caring for those who need help Women's Club. IN THE HOUSE OF REPRESENTATIVES in our society than the federal government. The wonderfully kind and committed Hoosiers The Clinton Township Goodfellows know Tuesday, April 13, 1999 who I have met traveling around Indiana have that they can count on Sherllynn as they Mr. NEAL of Massachusetts. Mr. Speaker, I not changed my view. honor her this evening. I would like to con- would like to take this opportunity to recognize Ruthie and I have met hundreds of individ- gratulate Sherllynn Russo as she celebrates the superb speech delivered by Rebecca uals who are committed to making our com- this auspicious occasion with family and Desilets, a Senior at Uxbridge High School. munities a better place in which to live and friends. Ms. Desilets was elected Student Governor for raise our childrenÐwe call them ``Hoosier He- the 1999 Massachusetts Student Government roes''. Day. For the past 52 years, the high schools CONGRESSIONAL RECORD — Extensions of Remarks E625 of Massachusetts have democratically elected vote because my vote doesn’t really make a GIVEN under my hand and the Executive student delegates to assume the roles of con- difference.’’ Seal of the State of Colorado, this tenth day stitutional officers, court justices, and mem- Adlai Stevenson, a Governor of Illinois and of March 1999. BILL OWENS Governor. bers of the General Court on Student Govern- a presidential candidate in the 1950s, said: ‘‘As citizens of this American democracy, ment Day. This has been a most worthwhile f you are the rulers and the ruled, the law- experiment in state government. Mr. Speaker, givers and the law-abiding, the beginning A FEW OUTSTANDING WOMEN the speech delivered by Ms. Desilets is both and the end.’’ Stevenson was right. We do eloquent and timely, and it is with great pride have an active role to play as citizens of our that I submit it for the RECORD. towns or cities, state, and country. We have HON. JOHNNY ISAKSON Ms. Rebecca Desilets, Student Governor, rights but also responsibilities. OF GEORGIA Uxbridge High School. It’s quite remarkable I know that this room is filled with people IN THE HOUSE OF REPRESENTATIVES who are interested. We care about capital to see so many of us here in this historical Tuesday, April 13, 1999 chamber. I use the word remarkable because punishment, health care, and education. We we are here as a result of an interest in gov- may be somewhat cynical but this doesn’t Mr. ISAKSON. Mr. Speaker, I am honored ernment. We won our elections in our respec- stop us from knowing what is at stake in to stand before the House of Representatives tive high schools. We took the risk and Kosovo. today and acknowledge the tremendous con- threw our hats into the ring. This is remark- We are the voters who will decide the tributions of the women of the sixth congres- able. At a time when the political talking issues of the 21st Century. Some of us will be sional district of Georgia to our state and na- heads have focused their attention on scan- the policy makers of the new millenium. Let dal and investigation, when TV news cov- us send the message, as we are in a small tion. In particular I want to acknowledge the erage devotes more time to a stain on a dress way just by being here, that cynicism will contributions of women in business. than to the President’s many attempts to not keep us from our responsibilities as citi- The growth and economic prosperity of discuss Kosovo, it becomes easy to turn off, zens. In fact, let us be the ones that replace Georgia's economy has been paralleled by the to become cynical about government and cynicism with healthy skepticism. Jay Leno growth of Women-Owned Businesses and En- politics. may make us laugh, he will not turn us off. terprises. Their contributions have provided A cynicism has infiltrated our view of the The Drudge Report can contain sensational quality jobs, innovative services, and new political process. The very word ‘‘politics’’ gossip, but it won’t keep us away from the products for Georgia. conveys a negative connotation. Who hasn’t polls. There may be scandal and corruption I am very pleased to inform you that Geor- heard the seemingly endless jokes of the late but some of us will still consider politics as gia is now the second fastest growing state in night show hosts? Is nothing sacred or off honorable and public service a priviledge. limits? No wonder there is such distrust of America in terms of women business owners. the American political system. No wonder f For just a moment I would like to tell you there is apathy among the citizens of this about a few of these outstanding women. TRIBUTE TO THE PUEBLO nation. Carolyn Stradley, the founder and owner of In preparation for Student Government PACHYDERM CLUB C and S Paving in Marietta, Georgia is a true Day, I conducted a survey of my peers. This success story. Orphaned as a child and a was a random sampling of the Juniors and HON. BOB SCHAFFER school dropout as a teenager, Carolyn found- Seniors at my high school. It is pretty safe ed her business with a shovel and determina- to say that although my survey may not be OF COLORADO tion. Today she sits on the National Women's 100% scientific, it is accurate enough to be a IN THE HOUSE OF REPRESENTATIVES reflection of what you would find if repeated Business Council, and is one of Georgia's at your high school. I was trying to get a Tuesday, April 13, 1999 leading contractors. handle on how cynical our age group has be- Mr. SCHAFFER. Mr. Speaker, today I rise Jane Carithers, along with her husband come. The results were depressing to say the to pay tribute to the Pueblo Pachyderm Club Larry, owns and operates the successful least. Let me give some of the findings. 75% of Pueblo, Colorado for its outstanding leader- Carithers Florist in Marietta, Georgia. Jane is of the respondents blamed their distrust of ship and years of exemplary service to the Georgia's leading florist and an innovator in government on political parties, on lack of her field. She initiated the use of flowers and bipartisanship. 60% stated that the political local community. This patriotic association brings together floral arrangements for business promotion, of- scandals of late had added to their nega- fice interiors, and community benefits. Even tivity. In the comment area that I provided common citizens to discuss and consider a there were some interesting opinions and ob- wide spectrum of political topics both national while reaching the heights of her profession, servations made. The word ‘‘corruption’’ ap- and local in scope. she still commits time and resources to many community events and programs. peared over and over again as an explanation Colorado Governor Bill Owens last month for the pessimism toward government. Per- Jackie Ward, founder of Computer Genera- proclaimed April 20, 1999 Pueblo Pachyderm haps even more significantly, many students tions, is one of North America's leading devel- Day in the State of Colorado. In honor of this attributed their distrust to the media. Spe- opers of computer technology and services to recognition, I hereby submit for the RECORD a cifically, the press was blamed for focusing corporate America. Jackie has created jobs for on the worst case scenarios of political blun- copy of the Governor's declaration. thousands of men and women in Georgia and der and bad behavior. One responder said STATE OF COLORADO, HONORARY PROCLAMA- the United States. While building her business that politicians were more concerned with TION—PUEBLO PACHYDERM DAY APRIL 20, she has also worked to bring business to the ‘‘power prize’’ than with the common 1999 good, the good of the American people. Poli- Georgia by serving as the first woman Presi- ticians are viewed by many as motiviated by Whereas, the organization represents a dent in the history of the Atlanta Chamber of self-interest rather than the good of the peo- unique concept for political clubs by being Commerce. ple they represent. patterned after the weekly meeting type So many women in so many ways are What is the cause of this cynicism? Of luncheon clubs, with programs centered growing Georgia's economy. Women in real around political and governmental affairs; course, some of it comes from politicians and estate like Pat DiGeorge, Mitzi Jaznicki, Mary the political party system. Our forefathers and Whereas, the Pueblo Pachyderm Club pro- Ann Anziano, Gail Hurst, Sandra Eades, Shir- were right to have a fear of party politics, of ley Hardman, and Annie Parker. Women in faction. It is also a result of an unrestrained motes the development of future political press and the race for great ratings. leaders and citizen participation as embodied homebuilding like Kay Cantrell, and in new It is up to us to reduce the effects of cyni- in their motto, ‘‘Free Government Requires home marketing like Bea McDowell. Women in cism. However, we can’t nor should we elimi- Active Citizens,’’ and is open to both male commercial planning and design like Bianca nate it. A healthy skepticism is a good and female members; and Quantrell, and women in economic develop- thing, no doubt. But how can we make sure Whereas, the Pachyderm Clubs promote ment like Annie Hunt Burrus. that voters don’t get so turned off that they better government through club programs I could acknowledge so many more for all stay away from the polls, that they simply and meetings open to the public, providing they have done and contributed to Georgia. I do not participate in this democracy? scholarships for political science students, am very pleased that the Congressional Cau- As you probably know, last November’s sponsoring campaign workshops and encour- election had one of the lowest turnouts ever. aging awareness of political affairs; cus for Women's issues has chosen to ac- Sure we can rationalize and blame it on the Now, Therefore, I, Bill Owens, Governor of knowledge the contribution of women, and I candidates. You know those people who say the State of Colorado, do hereby proclaim am pleased to recognize the tremendous con- ‘‘I didn’t vote because I didn’t like either April 20, 1999, as Pueblo Pachyderm Day in tribution of women in business throughout the candidate’’; or the oldest excuse ‘‘I didn’t the State of Colorado. sixth district of Georgia. E626 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 SIKH MARCH FOR BAISAKHI Khalistan,’’ ‘‘Long Live Khalistan,’’ and said. ‘‘Under Indian rule, the Sikhs are the SUPPORTS FREE KAHLISTAN ‘‘Raj Karega Khalsa.’’ There was a float victims of genocide,’’ he said. bearing a replica of the Golden Temple in Since 1984, the Indian government has Amritsar, the holiest of Sikh shrines, and murdered more than 250,000 Sikhs. Tens of HON. DAN BURTON another promoting ‘‘Khalistan—the Sikh Na- thousands more languish in Indian jails OF INDIANA tion on the Move. without charge or trial. Some of the have IN THE HOUSE OF REPRESENTATIVES Speakers included dignitaries from Punjab, been there since 1984. India has also mur- Khalistan like Justice Ajit Singh Bains, Tuesday, April 13, 1999 dered than 200,000 Christians in Nagaland chairman of the Punjab Human Rights Orga- since 1947, over 60,000 Muslims in Kashmir Mr. BURTON of Indiana. Mr. Speaker, it nization (PHRO), and retired General since 1988, and tens of thousands of Assam- was my pleasure to attend the Khalsa March Narinder Singh, as well as U.S. Congress Dan ese, Manipuris, Tamils, Dalits (‘‘black un- this past Saturday. The March celebrated the Burton (R-Ind.), Dr. Walter Landry, Execu- touchables,’’ the aboriginal people of the 300th anniversary of the Sikh Nation. Over tive Director of the Think-Tank for National subcontinent), and others. Self-Determination, representatives of Sikh ’’The atrocities clearly show that for 40,000 people from all over America attended women and youth, and others. Sikhs, India is not a democracy,’’ Said Dr. this special event. I thank my friend Dr. Gurmit Justice Bains discussed the genocide and Aulakh. ‘‘Every day we pray ‘Raj Kare Ga Singh Aulakh, President of the Council of human-rights violations that the Indian gov- Khalsa,’ the Khalsa shall rule ,’’ he said. ‘‘It Khalistan, for inviting me to this auspicious oc- ernment has committed against the Sikh Na- is time to keep our promise to the Guru, live casion. tion since 1984. He said that there is no rule up to our heritage, and unite to liberate There are 22 million Sikhs in the world and of law in Punjab. He pointed out the Indian Khalistan,’’ he said. government’s policy of mass cremations of nearly 500,000 here in the United States. f They have enriched American life in almost Sikhs, which the Indian supreme Court called ‘‘worse then a genocide.’’ ‘‘MY SERVICE TO AMERICA’’ every walk of life, including law, farming, medi- General Narinder Singh spoke of the sov- cine and many other. I was interested in learn- ereignty of the Sikh Nation. He noted that ing that a Sikh named Dalip Singh Saund Guru Gobind Singh gave the Sikh Nation HON. EARL POMEROY even served in the U.S. Congress. I would like sovereignty and that this sovereignty is part OF NORTH DAKOTA to take this opportunity to salute their contribu- of the Khalsa birthright. He said that there IN THE HOUSE OF REPRESENTATIVES is no reason why the Khalsa Panth should tions to this country. Tuesday, April 13, 1999 Mr. Speaker, the March was truly a suc- not have sovereignty. Congressman Burton offered his continued cess. There was a tremendous amount of ex- Mr. POMEROY. Mr. Speaker, today I would support for the Sikh cause. He spoke against like to recognize an impressive young North citement in the air, as they celebrated their the Indian government’s atrocities against heritage of freedom and showed their support Sikhs, Christians, Muslims, and other mi- Dakotan. Margretta Hanson of Blanchard is for regaining their lost sovereignty in an inde- norities. He urged that the United States the winner of the 1999 Veterans of Foreign pendent homeland they call khalistan. Their stop supporting the Indian government. He Wars' Voice of Democracy Broadcast struggle against the oppression that the Indian said that Sikhs should have their freedom Scriptwriting Contest. Miss Hanson's essay is government inflicts on them should be sup- and that the United States should support it. based on the theme ``My Service To America.'' ported by every American and by those who Many other Members of Congress sent their I am very pleased to see such wonderful greetings, including House Minority Leader support freedom around the globe. patriotism and values coming from North Da- David Bonior (D-Mich.), Congressman Nick kota's youth. It is my pleasure to submit Miss Mr. Speaker, the Council of Khalistan has Rahall (D-WV), and others. issued a press release about the March. I Mayor Anthony Williams of Washington, Hanson's essay for inclusion in the CONGRES- would like to place this press release into the D.C. sent a message of congratulations. He SIONAL RECORD. RECORD for the information of my colleagues. wrote, ‘‘It is my distinct pleasure to extend ‘‘MY SERVICE TO AMERICA’’ warm greetings and congratulations to the [From the Council of Khalistan, April 12, 1998–99 VFW VOICE OF DEMOCRACY SCHOLARSHIP members, guests and friends of the Council 1999] COMPETITION of Khalistan as you celebrate your 300th an- KHALSA MARCH VERY SUCCESSFUL—OVER niversary of the initiation of the Khalsa NORTH DAKOTA WINNER MARGRETTA HANSON 40,000 SIKHS COME TO WASHINGTON, DC TO Panth. This is a significant milestone in the ‘‘Be all that you can be,’’ is a popular slo- CELEBRATE 300TH ANNIVERSARY OF KHALSA history of the world’s religions as you cele- gan of the United States Army. By joining PANTH brate Vaisaakhee Day.’’ Mayor Williams the armed forces, one is showing true patri- WASHINGTON, DC, APRIL 12.—Over 40,000 added that ‘‘you are to be congratulated for otism and devotion to the protection and Sikhs, more than twice as many as expected, your efforts to provide spiritual enhance- betterment of our great nation, the United came to Washington, D.C. on Saturday, April ment to the principles of peace, prosperity, States of America. To put one’s life on the 10 to participate in Khalsa March 1999, cele- dignity, integrity, human rights and justice line by defending the freedoms of the people brating the 300th anniversary of the day that for all.’’ of this country is a noble deed, but I feel Guru Gobind Singh baptized the Sikh Na- Dr. Paramjit Singh Ajrawat, the Secretary that this is not the only way that one can tion. It was the first time that so many Sikh of the march and Master of Ceremonies at give service to America. My service to Amer- gathered in the Nation’s Capital. A sea of the Lincoln Memorial, reminded the audi- ica is to ‘‘be all that I can be’’ as an Amer- saffron turbans and scarves could be seen ence that Guru Gobind Singh created the ican citizen. We don’t have to risk our lives around the Reflecting Pool. There are 22 mil- Khalsa and recognized the whole human race to make a difference. By simply smiling as lion Sikhs world wide and about 500,000 here as equal, including gender equality. He noted you pass someone on the street or in the in the United States. that Abraham Lincoln also worked to end hallway, you’re bringing joy into the lives of The mood of attendees was jubilant and ex- slavery. others. Theodore Roosevelt once said, ‘‘Do cited as they celebrated the Sikh heritage. Attendees passed resolutions to reiterate what you can, with what you have, where The celebration began in front of the Lincoln their support for a free Khalistan, the Sikh you are.’’ I want to make the most of the tal- Memorial, which is a symbol of freedom, and homeland that was declared independent on ents and opportunities that I have been the participants marched to the U.S. Capitol. October 7, 1987; to honor Sikh martyrs; to blessed with. The stage displayed pictures of Guru Gobind ask the Indian government to release the Some people say that the future of the Singh Baptizing the Panj Pyaras (the Five tens of thousands of Sikh political prisoners United States is looking glum. They fear Beloved Ones), depictions of Gurdwara it is holding; and to demand that the Akal that our youth are committing more crimes, Kesgarh Sahib, the birthplace of the Sikh Takht, the seat of the Sikh religion, be freed they fear that our youth are abusing more il- Nation, the Golden Temple in Amritsar, the from the Badal government, asking the legal substances, they fear that our youth holiest Sikh shrine, other major events in Khalsa Panth to boycott and oppose the are showing less respect, they fear that our Sikh history, and banners with slogans like Badal government; asking the Khalsa Panth youth are becoming less motivated, and they ‘‘Indian Free Khalistan’’, ‘‘Long Live to boycott and oppose the Badal government; fear that our youth are lacking ethical mor- Khalistan’’, etc. and to declare there full support for als and values. What can I do to change the ‘‘Guru Gobind Singh gave the Sikh Nation Jathedar Bhai Ranjit Singh as the genuine destiny of my generation? Benjamin Frank- a heritage of freedom,’’ said Dr. Gurmit Jathedar of the Akal Takht. lin wrote in Poor Richard’s Almanac, ‘‘A Singh Aulakh, the coordinator of the march. ‘‘Sikhs are religiously, culturally, and lin- good example is the best sermon of all.’’ ‘‘Today we had a joyous celebration of that guistically distinct from Hindu India or any Through my service to America, I am heritage,’’ he said. ’’Now we must dedicate other nation,’’ said Dr. Aulakh. ‘‘On this ‘‘preaching’’ to my peers through the posi- ourselves to freeing our homeland, once-in-a-lifetime, milestone anniversary, tive choices I make in my life. Joined with Khalistan.’’ let us dedicate ourselves to reclaiming our the efforts of other young men and women of Participants in the march celebrated with lost sovereignty,’’ he said. my generation who are also striving to make family and friends and raised slogans. They ‘‘Nations and religions that do not have positive choices in their personal lives, my carried banners that said ‘‘India Free political power do not survive,’’ Dr. Aulakh efforts will make a difference. CONGRESSIONAL RECORD — Extensions of Remarks E627 I have been a Girl Scout for 11 years. In Mr. Speaker, the need for additional federal amendment would have been a positive addi- Girl Scouts, we promise, district judgeships in Florida is reaching a cri- tion to this legislation, I do not feel it is nec- ‘‘On my honor, I will try: sis point. For example, the Middle District of essary for my support. H.R. 4, by remaining To serve God and my country, To help people at all times, Florida has one of the heaviest caseloads per silent on how, when, and where a NMD sys- And to live by the Girl Scout Law.’’ judge in the nationÐranking in the top ten for tem will develop allows the Administration to A large part of being a Girl Scout is trying civil filings, drug cases, pending cases and negotiate our compliance with our treaties and to help other people by following our prom- total case filings. for technology to advance so that an effective ise and law. I have held true to my promise The Middle District as well as the Southern missile defense system can be deployed. by giving my time and talents for the better- District both have High Intensity Drug Traf- f ment of my community and church. By in- ficking Areas. Almost half of the criminal case- vesting my time in community service and load in the Middle District is drug-relatedÐre- TRIBUTE TO EVELYN AND ALBERT church activities, I am not only bettering flecting the use of Florida as a conduit in drug DEDENBACH my community, but I am also setting a posi- trafficking and vigorous law enforcement ef- tive example for others. I strongly believe that the best leadership forts to combat it. The Middle District has HON. DAVID E. BONIOR is leadership by example. The impact of one been 50 percent higher in the number of crimi- OF MICHIGAN individual who sets a good example is amaz- nal defendants per judge than the national av- IN THE HOUSE OF REPRESENTATIVES ing. It is important to me that I do what I erage. The Southern District has conducted Tuesday, April 13, 1999 can to better myself and the world around more criminal trials and had more criminal me by making positive choices. One person cases pending than most other district courts. Mr. BONIOR. Mr. Speaker, I am honored to who develops a strong set of values and up- Our Federal District Courts are crucial in the have the opportunity to recognize the achieve- holds themself to high moral standards can fight against drug trafficking, terrorism, orga- ments of a very special couple, Mr. and Mrs. make a positive influence on the lives of oth- Albert Dedenbach. This evening, April 14th, ers. The power of a single individual who nized crime and fraudÐwe cannot allow them tries to be the best person he or she possibly to operate at a disadvantage. We must re- they are being honored as two of the Clinton can as they put their talents to work for the spond to the crises facing the federal district Township Goodfellows of the Year recipients betterment of themself, their work, and oth- courts and fulfill our congressional responsi- for 1997±1998 by community members and ers is very impressive. By making positive bility. I urge my colleagues to support this leg- friends. choices in my own life, I am serving as a islation. The members of the Clinton Township role-model for everyone around me. My serv- f Goodfellows have contributed their time and ice to America is setting a good example for resources to the betterment of the community others in the choices that I have made and DECLARATION OF POLICY OF THE for many years. Their goal is to aid the public the choices I will make in the future. UNITED STATES CONCERNING in ways that other charities and the govern- I am working towards the ultimate goal of NATIONAL MISSILE DEFENSE being all that I can be by working hard to- ment could not. For the past nine years, the wards my goals, showing respect towards DEPLOYMENT Goodfellows knew that they could count on Al others, and abstaining from destructive be- and Evelyn to be there volunteering their time haviors. These choices, among others, are SPEECH OF and talents to achieve these goals. permitting me to work towards becoming all HON. DEBBIE STABENOW The Dedenbachs have been married for 58 that I can be. OF MICHIGAN years and have four children and six grand- I have challenged myself to be all that I children. Al served in the Air Force during can be. My service to America is not one of IN THE HOUSE OF REPRESENTATIVES WWII and when the war ended, began work- enlistment in the armed forces, but one that Thursday, March 18, 1999 I hope will be beneficial to myself, my com- ing in the engineering field while Evelyn was munity, and this great nation. Ms. STABENOW. Mr. Speaker, I would like busy taking care of a growing family. Volun- to take this opportunity to discuss my support f teering is second nature to Evelyn. She has of H.R. 4, the Missile Defense bill. H.R. 4, de- served in the local schools as a library lunch FEDERAL JUDGES FOR FLORIDA clares that it is the policy of the United States aide, read to the kindergarten children and ACT to deploy a national missile defense system. was active with the Girl Scouts organization. The importance of this legislation can be When Al retired in 1981, they joined the senior HON. BILL McCOLLUM found in its absence to declare the type of group in Clinton Township and enjoy sharing OF FLORIDA system to be created, the date of deployment many social activities together. IN THE HOUSE OF REPRESENTATIVES and the location of the eventual system. One of their greatest joys is working and I believe that it would be dangerous to rush helping the Goodfellows with charitable Tuesday, April 13, 1999 into deployment of a National Missile Defense projects. Al and Evelyn have given to their Mr. MCCOLLUM. Mr. Speaker, today I am (NMD) system without the development of ap- community with spirit and dedication through- introducing the Federal Judges for Florida Act propriate technology. We must not stake out the years. I would like to congratulate Mr. that will provide seven additional federal dis- America's national security on a system which and Mrs. Dedenbach as they celebrate this trict court judgeships in Florida. has failed 14 out of 18 tests. This legislation auspicious occasion with family and friends. The Federal Judges for Florida Act will pro- does not mandate a date of deployment, f vide five new judgeships in the Middle District which allows technology to advance so that of Florida and two new judgeships in the when a successful NMD system is developed TRIBUTE TO THE LATE LANCE Southern District of Florida. These new judge- it can be deployed. CPL. BOBBY J. LAWRENCE ships are based on the recommendations of Additionally, I feel that compliance with the the Judicial Conference of the United States. Anti-Ballistic Missile Treaty and Strategic Arms HON. DAVE CAMP Although the Judicial Conference has repeat- Reduction Treaty (START) II are far more im- OF MICHIGAN edly recommended additional federal district portant in our near future than deploying a lim- IN THE HOUSE OF REPRESENTATIVES judgeships for Florida, a new federal judgeship ited national missile defense. And H.R. 4, has not been created in the state since 1990. does not threaten U.S. compliance by man- Tuesday, April 13, 1999 The Middle District stretches 400 miles from dating the type of system or the number of Mr. CAMP. Mr. Speaker, I rise today to Jacksonville to Naples and is broken up into interceptors necessary. I believe it is possible commend the heroism of a young United five divisions: Jacksonville, Ocala, Orlando, for a national missile defense system to com- States Marine from my district whose selfless Tampa and Ft. Myers. It encompasses three plement deterrence, but only through compli- actions saved the life of a fellow Marine and major metropolitan areas and 35 counties. The ance with the treaties already in place. embody the values of our U.S. Armed Forces. Southern District of Florida includes Ft. Lau- I am disappointed that the rule prohibited an Lance Cpl. Bobby J. Lawrence of Evart, derdale and Miami. These two federal judicial amendment by my colleague Mr. ALLEN, which Michigan, died tragically last Friday at Camp districts cover about 80 percent of the state would have specifically addressed the issues Pendleton in California. population. The population of Florida is ex- of effectiveness and treaty compliance when He and Lance Cpl. James N. Jones Jr. of pected to continue to increase at a rapid pace, deploying a NMD system. For this reason, I Pueblo, Colorado, were riding in a 12-ton truck with over 20 million residents projected in will oppose the rule and support a motion to when Lance Cpl. Lawrence realized the 2025. Since 1990, the Florida population has recommit the bill with instructions to include brakes had failed. To avoid plunging over a grown by over 15 percent. this amendment. While I believe Mr. ALLEN's cliff after the emergency brakes also failed, E628 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 Lance Cpl. Lawrence jerked the steering stood up USASSDC's Theater Missile Defense others in the department and on Capitol Hill. wheel and intentionally tipped his truck. It (TMD) cell, and COL Prouty became the Through two full Planning, Programming, and overturned and Bobby Lawrence, a week Army's focal point for a wide variety of TMD Budgeting System (PPBS) cycles, and in de- away from his 21st birthday, was tragically initiatives. Once again, COL Jim Prouty was fense of two Army budget submissions, the killed when the truck overturned. But his pas- equal to the task, overseeing the integration of Chief of Staff, the Vice Chief of Staff, and/or senger was saved. delivery of the TMD Force Projection Tactical the Assistant Vice Chief of Staff were invari- Lance Cpl. Lawrence will be flown back to Operations Center (TOC), a major new ably present at the decisive place and time, Evart for burial. His noble actions will not re- warfighting asset available to support Joint with the compelling argument for Army re- scind his loss, nor can they ever fully alleviate Land Force commanders worldwide. At the quirements and resources. These opportuni- the pain of the family and friends who must same time, COL Prouty was instrumental in di- ties were more often than not developed be- bury this young Marine. recting the command's highly successful par- hind the scenes, via a broad, but comprehen- Mr. Speaker, I know that each Member of ticipation in support of the Commission on sive staff effort with COL Prouty at the helm. the U.S. House of Representatives joins me Roles and Missions. Perhaps of even greater importance, COL and the residents of the 4th Congressional As Commander, Test and Experimentation Prouty's insight, instincts, and mastery of the District in offering Lance Cpl. Lawrence's Command (TEXCOM) Experimentation Cen- subject matter allowed him to resolve innumer- loved ones our prayers, our thoughts and our ter, COL Prouty was responsible for con- able requirements and resource issues, in a gratitude. May his soul rest in peace and may ducting and supporting a wide range of inde- manner favorable to Army objectives, without his bravery be forever remembered in the pendent operational tests and experiments requiring the dedicated attention of the senior hearts of those for whom he served. using state-of-the-art, real time casualty as- leadership. f sessment instrumentation, data reduction, and COL Jim Prouty's team-building and mana- analysis. He was also responsible to lead, gerial skills have never been more fully vali- CELEBRATING THE CAREER OF train, and care for an organic Armored/Mecha- dated. The office of the AVCSA is a model of COLONEL JAMES R. PROUTY nized Infantry Battalion Task Force of over efficiencyÐlean, professional, effective, and 350 soldiers. As in previous assignments, his highly-credible. This success is singularly at- HON. BERNARD SANDERS initial emphasis was on training and per- tributable to the leadership talent and manage- OF VERMONT forming to standard. As a result, his soldiers rial savvy of COL Jim Prouty. As the role of IN THE HOUSE OF REPRESENTATIVES achieved record success on the gunnery the AVCSA continued to evolve, COL Prouty ranges, and the major weapons systems were Tuesday, April 13, 1999 ensured that the office staff remained one step maintained at unprecedented operational read- ahead of the issues, and cultivated the profes- Mr. SANDERS. Mr. Speaker, I submit the iness rates. More importantly, every oper- sional working relationships necessary to en- following for the RECORD. ational test and experiment was carefully sure the role of the AVCSA on the Army Staff Colonel James R. Prouty is recognized for planned, coordinated, and executed on time, was well understood and fully integrated. He exceptionally distinguished service to the under budget, yielding results which were both sets high standards in all aspects of staff per- United States Army and to the United States analytically sound and compelling. The highly formance, and inspires subordinates to of America during the period July 6, 1972 to successful operational test of the Battlefield achieve them. Even under the most difficult May 31, 1999. Throughout a distinguished Combat Identification System (BCIS) is a tes- circumstances, morale was invariably high, twenty-seven year military career, Colonel tament to COL Prouty's leadership, superb and the staff never missed a beat. Prouty served in a series of increasingly de- knowledge of training, and understanding of COL Jim Prouty served with uncommon dis- manding positions that immeasurably contrib- how to operationalize emerging technology. tinction in each of these critical positions dur- uted to the security of the nation, culminating The latter months of COL Prouty's command ing these last ten years. His outstanding per- as the Executive Officer to the Assistant Vice were once again dedicated to the mission of formance in each position contributed exten- Chief of Staff of the Army. inactivationÐand taking care of troops. In rec- sively to the success, not just of his unit, but A brief summary of his accomplishments ognizing the professional manner in which to the Army. The impact of COL Prouty's pro- over the last decade follows. COL Prouty inactivated the command, MG fessionalism, selfless commitment, and ac- As Commander of the 2d Battalion, 5th Air Lehowicz remarked that ``he turned in equip- complishments will endure well beyond his re- Defense Artillery (Vulcan/Stinger), 2d Armored ment and facilities (valued at over $100M) in tirement. His level of responsibility, particularly Division, he was responsible for leading, train- such an outstanding condition that it defied the in his final position, was far above that of his ing, maintaining, and caring for approximately imagination.'' peers, and his performance was on a par with 600 soldiers and their associated equipment Since July 1997, COL Prouty has served as most of the general officers I routinely work (45 track and 175 wheeled vehicles). MG Mal- the Executive Officer to Assistant Vice Chief of with. Given these factors, it is most appro- lory, the Division Commander, remarked that Staff of the Army (AVCSA). It is in this role priate that COL Prouty's extraordinary service ``his battalion set the training standard for the that COL Prouty's unique talents and abilities to the United States Army and the United division because of Jim's leadership.'' When have had their greatest impact on the Army. States of America be recognized by the 106th war came, that uncompromising investment in While his duties are broadly defined, as in his Congress. training returned valuable dividends for the previous assignments, it is in the details where f 125 highly-motivated and professional soldiers COL Prouty has left an indelible mark on the he provided to Desert Shield/Desert Storm. future of our Army. GENERAL JOHNNIE E. WILSON As Operations Officer, and later Chief of His ability to energize a diverse body of Staff, for the United States Army Space and senior executives and general officers, from HON. SOLOMON P. ORTIZ Strategic Defense Command (USASSDC), across the Army Staff, with widely different in- OF TEXAS COL Prouty was responsible for planning and terests, toward a common purpose, is truly re- IN THE HOUSE OF REPRESENTATIVES resourcing all current, future, and contingency markable. He succeeds because he invests operations; determining, analyzing, and inte- the time, energy, and intellect necessary to Tuesday, April 13, 1999 grating requirements for Army Space Systems; understand the most complex issues from the Mr. ORTIZ. Mr. Speaker, today I pay tribute and coordinating those requirements with the perspectives of all stakeholders; he possesses to General Johnnie Edward Wilson, who, on Army Staff, the Joint Staff, and US Space the wisdom, experience, and judgment to find April 26, is retiring from the United States Command. Leveraging his broad warfighting the common ground; and he employs the fine- Army after more than 37 years on active duty talents, COL Prouty initially focused his direc- ly-honed leadership skills to motivate all to and has served this country with honor and torate's efforts on incorporating space consid- positive action. These skills were particularly dignity. General Wilson is an exceptional lead- erations into Army doctrine and training evident in directing the AVCSA's efforts to er, a ``soldier's soldier.'' events. From these efforts, he developed and transition two incoming VCSAs and develop a Having started his career as a private, he prioritized requirements for Army Space Sys- workable strategy to fully integrate the Army's understands soldiering, leadership, and self- tems, published in the first Army Space Mod- active and reserve componentsÐlater detailed less service. He is known on Capitol Hill for ernization Plan, supporting commanders in the CSA White Paper, One Team, One his dedication and integrity. As the Army's across all Battlefield Operating Systems. LTG Fight, One Future. senior logistician for the past 3 years, he has Lionetti described him as ``smart, innovative, Immediately upon assuming his duties, he tackled the tough issues in technology, acqui- and visionary; he made improvements of enor- developed the trust and confidence of every sition and logistics while consistently focused mous significance.'' Later, his directorate senior leader on the Army Staff, and countless on proper care for his personnel. Thanks to CONGRESSIONAL RECORD — Extensions of Remarks E629 the efforts of patriots like General Wilson, the General Wilson is married to the former A TRIBUTE TO JUDGE A. LEON United States Army enters the new millennium Helen McGhee of Elyria, Ohio, and they have HIGGINBOTHAM as a strong, proud fighting force. This out- three children: Johnnie E. Jr., Charlene, and standing American deserves the praise and Scott, and five grandchildren. Please join me HON. WILLIAM (BILL) CLAY thanks of a grateful nation. in commending the service of General Johnnie OF MISSOURI Born on February 4, 1944, General Wilson Wilson this month upon the occasion of his re- IN THE HOUSE OF REPRESENTATIVES was raised in Lorain, Ohio, and entered the tirement. Army in August 1961 as an enlisted soldier, Tuesday, April 13, 1999 attaining the rank of staff sergeant before at- f Mr. CLAY Mr. Speaker, It is my honor to tending Officer Candidate School (OCS). After rise in tribute to the late A. Leon completing OSC in 1967, he was commis- HOUSE CONCURRENT Higginbotham, Jr. He was a great American sioned a second lieutenant in the Ordnance RESOLUTION—INTRODUCTION and a great friend. Higginbotham was a man Corps. He was awarded a bachelor of science who excelled in many disciplines. He was a degree in logistics management from the Flor- scholar, a writer, a lawyer, a judge and espe- ida Institute of Technology. His military edu- HON. WILLIAM F. GOODLING cially a humanitarian. cation includes completion of the Ordnance Leon Higginbotham studied engineering a OF PENNSYLVANIA Officer Basic and Advanced Course, the Army Purdue University, continued his education at Command and General Staff College, and the IN THE HOUSE OF REPRESENTATIVES Antioch College and received a LL.B. from Industrial College of the Armed Forces. Yale University in 1952. Eighteen years later, General Wilson held a wide variety of impor- Tuesday, April 13, 1999 he became the first black elected trustee of tant command and staff positions culminating Mr. GOODLING. Mr. Speaker, I come to the Yale after defeating five other distinguished in his current assignment as the commanding Floor this afternoon to introduce a House Con- alumni in a nationwide ballot In 1963, President Kennedy nominated A. general, U.S. Army Material Command. Other current Resolution to fully fund the Individuals Leon Higginbotham, Jr. for the U.S District key assignments include: deputy chief of staff with Disabilities Education Act (IDEA). The co- Court of Eastern Pennsylvania. However, Sen- for logistics, Department of the Army, Pen- sponsors and I believe that the federal govern- ator James Eastland of Mississippi blocked his tagon; chief of staff, U.S. Army Material Com- ment cannot continue to ignore the commit- confirmation by the Senate. After Kennedys mand; commanding general, Ordnance Center ment it made over 24 years ago to children assassination, President Johnson nominated and School, Aberdeen Proving Ground, Mary- with disabilities. land; deputy commanding general, 21st The- Higginbotham, and in 1964 appointed him to a ater Army Area Command, U.S. Army Europe In 1975, Congress passed the Education for seat on the U.S. District Court of Eastern and 7th Army; commander, 13th Support All Handicapped Children Act, commonly Pennsylvania. In 1977, Judge Higginbotham Command, Fort Hood, Texas, and, com- known as P.L. 94±142. The Act established was elevated to the 3rd US Circuit Court of mander, Division Support Command, 1st Ar- the federal commitment to provide funding at Appeals. He served as the Chief Judge of the mored Division, U.S. Army, Europe. 40% of the average per pupil expenditure to Appeals Court from 1990 to 1993. His cele- General Wilson served with distinction at assist with the excess costs of educating stu- brated career was filled with judicial accom- every level of command. He commanded dents with disabilities. plishments. He was the author of more than three times at the company levelÐa mainte- Since 1995, upon Republican insistence, 600 published opinions and books, including nance company in the 82nd Airborne Division funding for IDEA has risen over 85%. With this ``In the Matter of Race: Race and the Amer- as a first lieutenant, followed by command of increase in funding, IDEA is now funded at ican Legal Process'' and ``Shades of Free- a supply and services company in Vietnam 12% of the average per pupil expenditureÐ dom.'' with the 173rd Airborne Brigade, and a main- much higher than the 7% of 5 years ago. We I first met Judge Higginbotham when he tenance company with the 1st Armored Divi- must continue to increase funding to reach the was supporting Senator John F. Kennedy in sion in Europe. At the lieutenant colonel level, 40% of the average pupil expenditure funding his campaign for President. In the past twenty General Wilson commanded the 709th mainte- level mandated in law. Without these federal years we developed a closer friendship, ex- nance Battalion, 9th Infantry Division, Fort IDEA funds, local school districts must cover changing telephone calls and letters. I admired Lewis, Washington, which converted and be- the unpaid federal share. and respected the Judge for his intellectual came the Army's first Main Support Battalion. prowess and his untiring commitment to civil President Clinton proposes to level fund General Wilson commanded twice at the colo- rights. IDEA for FY2000. Considering that the num- nel level, serving as the Division Support At the time of his death last December, ber of children with disabilities is projected to Command commander of the 1st Armored Di- Judge Higginbotham was a retired Chief increase by 123,000 from 1999 to 2000, the vision followed by command of the 13th Sup- Judge Emeritus of the United States Court of President's budget request actually cuts fund- port Command at Fort Hood, Texas. Appeals, the Public Service Professor of Juris- General Wilson next served as the deputy ing for children with disabilities from $702 per prudence at the John F. Kennedy School of commanding general, 21st Theater Army Area child in FY1999 to $688 per child in FY2000. Government at Harvard, and Counsel to the Command, the Army's largest and most di- Congress must ensure that the Federal gov- law firm of Paul, Weiss, Rifkind, Wharton & verse logistics unit. Based on his wide experi- ernment lives up to the promises it made to Garrison in New York. During his life, Judge ence with leading soldiers, General Wilson the students, parents, and schools over two Higginbotham received numerous honors in- was selected to command the Ordnance Cen- decades ago. We must fully fund IDEA before cluding the Presidential Medal of Freedom the ter and School responsible for training thou- Washington creates new education programs. National Human Relations Award of the Na- sands of soldiers, NCOs and officer every Once the Federal government begins to pay tional Conference of Christians and Jews, the year. Following this successful assignment, its fair share under IDEA, local funds will be National Urban Award for outstanding con- General Wilson served as the chief of staff, freed up, allowing local schools to hire and tributions towards the goal of equal oppor- AMC, where he was responsible for resource train high-quality teachers, reduce class size, tunity, the 81st NAACP Spingarn Medal for the and personnel management for a workforce build and renovate classrooms, and invest in highest and noblest achievement by an Afri- with over 80,000 military and civilian mem- technology. can-American, and the 1994 recipient of the bers. From 1964 to 1996, General Wilson Congressional Black Caucus' Leland Humani- served as the deputy chief of staff for logistics, The resolution I introduce today urges Con- tarian Award. Department of the Army, where he was re- gress to fully fund IDEA while maintaining its In 1996, Higginbotham became an advisor sponsible for worldwide logistics. commitment to existing federal education pro- to Texaco, Inc. after the company agreed to a General Wilson's awards and decorations grams. We can both ensure that children with $176 million settlement of a race-discrimina- include the Distinguished Service Medal (with disabilities receive a free and appropriate pub- tion case. There he initiated a formal evalua- Oak Leaf Cluster), Legion of Merit (with Oak lic education and ensure that all children have tion of the company's human resource policies Leaf Cluster), Bronze Star Medal (with two the best education possible if we just provide and diversity practices in an effort to make Oak Leaf Clusters), Meritorious Service Medal fair federal funding for special education. Texaco an industry model for its hiring and (with two Oak Leaf Clusters), Army Com- I urge everyone to support this important promotion of black employees. In an interview mendation Medal, Good Conduct Medal, Spe- resolution. Congress must fulfill its commit- that year with the St. Louis Post-Diatch, Judge cial Forces Tab, Master Parachutist Badge, ment to assist States and localities with edu- Higginbotham was described as seeing ``the and the Army Staff Identification Badge. cating children with disabilities. future of race relations with an equal mixture E630 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 of optimism and pessimism.'' Leon You can become an exemplar of fairness because of Brown v. Board of Education and Higginbotham knew and understood the ter- and the rational interpretation of the Con- who stood in the way of almost every meas- rible history of racial discrimination in the jus- stitution, or you can become an archetype of ure ensure gender and racial advancement. inequality and the retrogressive evaluation Of the fifty-two Senators who vote in favor tice system. He knew that this history could of human rights. The choice as to whether of your confirmation some thirteen hailed never be forgotten if black Americans ever you will build a decisional record of true from nine Southern states. Some may have hope to achieve equal justice under law. For greatness or of mere mediocrity is yours. voted for you because they agreed with this reason, Judge Higginbotham shared my Black Ivy League alumni [Higginbotham President Bush’s assessment that you were dismay when former President George Bush and Thomas finished Yale] in particular ‘‘the best person for the position.’’ But, can- presented Clarence Thomas as his choice to should never be too impressed by the edu- didly, Justice Thomas, I do not believe that replace justice Thurgood Marshall as Asso- cational pedigrees of Supreme Court Jus- you were indeed the most competent person ciate Supreme Court Justice. On that day, tices. The most wretched decision ever ren- to be on the Supreme Court. Charles Bowser, dered against black people in the past cen- a distinguished African-American Philadel- independent-minded women were appalled, tury was Plessy v. Ferguson. It was written phia lawyer said: ‘‘I’d be willing to bet that knowledgeable black Americans were out- in 1896 by Justice Henry Billings Brown who not one of the Senators who voted to confirm raged and advocates for the poor abandoned attended both Yale and Harvard law schools. Clarence Thomas would hire him as their their hopes. Then, the disastrous day came The opinion was joined by Justice George lawyer.’’ when the U.S. Senate confirmed Clarence Shiras, a graduate of Yale Law School, as Later, Judge Higginbotham questioned the Thomas' appointment and the waves of de- well as by Chief Justice Melville Fuller and decision of the Judicial Council of the National spair washed over millions who had fought, Justice Horace Gray, both alumni of Harvard Bar Association which had invited Supreme sacrificed, and suffered to overcome centuries Law School. If those four Ivy League alumni on the Su- Court Justice Clarence Thomas to address its of discrimination and to achieve respect and preme Court in 1896 had been as faithful in annual convention. In that letter, which ap- quality. In Black America, six months after their interpretation of the Constitution as peared in the September 1988 edition of Thomas' appointment the attitude and senti- Justice John Harlan, a graduate of Transyl- Emerge magazine, Higginbotham explained ment toward him as a person was reflected in vania, a small law school in Kentucky, then why he was ``shocked'' to learn of Thomas' in- the words of Judge Higginbotham who wrote: the venal precedent of Plessy v. Ferguson, vitation: Suppose someone wanted to steal back which established the federal ‘‘separate but I will not take a position as to whether he past achievements, reign in the present gains equal’’ doctrine and legitimized the worst should be disinvited, and leave that signifi- and cutoff future expectations among Afri- forms of race discrimination, would not have cant responsibility to the judgment of the can-Americans about participation in the been the law of our nation for sixty years. Executive Committee. I am not one who be- Judicial process. that person would have The separate but equal doctrine; also known lieves there is, or should be, a monolithic found it difficult to devise a better plan than as Jim Crow, created the foundations of sep- view within the African-American commu- nominating Clarence Thomas to the Su- arate and unequal allocation of resources, nity on all issues; but, I do think there are preme Court which decreasing the number of and oppression of the human rights of certain undisputable common denominators African-Americans on the federal bench. blacks. as to what constitutes progress or regress. Mr. Speaker. Judge Higginbotham was de- The tragedy with Plessy v. Ferguson is not Within that context and from the perspec- voted to educating this nation about the perils that the Justices had the ‘‘wrong’’ edu- tive of almost every constitutional law cation, or that they attended the ‘‘wrong’’ of one black man, Clarence Thomas, being scholar, there is no doubt that Justice law schools. The tragedy is that the Justices Thomas had done more to turn back the misconstrued as a respectable replacement had the wrong values, and that these values clock of racial progress than has perhaps any for Thurgood Marshall who was a bonafide poisoned this society for decades. other African-American public official in the representative of the hopes, dreams and aspi- I have read almost every article you have history of this country. published, every speech you have given, and rations of black Americans. In this under- Higginbotham continued, mentioning those taking, Judge Leon Higginbotham wrote to virtually every public comment you have made during the past decade. Until your con- ruling in which Thomas overlooked history to Clarence Thomas upon His confirmation to the undermine the progress of black Americans in Supreme Court. Higginbotham documented firmation hearing, I could not find one shred of evidence suggesting an insightful under- the civil rights struggle and wrote: the legal struggles that had abolished impedi- standing on your part on how the evolution- In view of his harsh conservative record, ments to the freedom of black people and ary movement of the Constitution and the please explain to me why you invited Justice enunciated the underlying personal values and work of civil rights organizations have bene- Thomas, who has voted consistently against courage which guided those who led these fited you. . . . the interest of African Americans, minori- battles. In this letter, Higginbotham challenged While you were a presidential appointee ties and women. Thomas to recall, to understand and to emu- for eight years, as Chairman of the Equal Mr. Speaker, a few years ago, Judge Employment Opportunity Commission and late the lives of those great gladiators who Higginbotham underwent open heart surgery. changed the course of history. In this open let- as an Assistant Secretary at the Department of Education, you made what I would regard After his recovery he wrote to his many friends ter, Higginbotham cited the damage done to as unwarranted criticisms of civil rights or- thanking them for their expressions of concern the cause of black America and the crisis in ganizations of the Warren Court, and even of and prayers. In his note, the judge quoted race relations spurred by Judge Thomas' con- Justice Thurgood Marshall. Perhaps these what a renown heart specialist had said: firmation. Excerpts from this letter provide the criticisms were motivated by what you per- During the last twenty years, I have talked details of his message: ceived to be your political duty to the to many dying patients. I have never met At first I thought that I should write you Reagan and Bush administrations. Now that one who wished that s/he had spent more privately—the way one normally corresponds you have assumed what should be the non- time at the office, but I have met thousands with a colleague or friend. I still feel ambiv- partisan role of a Supreme Court Justice, I who regretted that they did not spend more alent about making this letter public, but I hope you will take time out to carefully time enjoying their family and pursuing less do so because your appointment is pro- evaluate some these unjustified attacks. stressful options. foundly important to this country and the But your comments troubled me then and trouble me still because they convey a stunt- Judge Higginbotham did reduce his volumi- world, and because all Americans need to un- nous schedule of activities, but fortunately he derstand the issues you will face on the Su- ed knowledge of history and an unformed ju- preme Court. In short, Justice Thomas, I dicial philosophy. . . . You are no longer remained a powerful voice which helped to write this letter as a public record so that privileged to offer flashy one-liners to de- shape attitudes and influence opinions about this generation can understand the chal- light the conservative establishment. Now race and racism in this country. His contribu- lenges you face as an Associate Justice to what you write must inform, not entertain. tions to the civil rights movement will be for- the Supreme Court, and the next generation Now your statements and your votes can ever cherished. can evaluate the choices you have made or shape the destiny of the entire nation. f will make. . . During the last ten years, you have often By elevating you to the Supreme Court, described yourself as a black conservative. I THE CORRECT APPROACH TO President Bush has suddenly vested in you must confess that, other than their own self- GLOBALIZATION the option to preserve or dilute the gains advancement, I am at a loss to understand this country has made in the struggle for what is it that the so-called black conserv- equality. This is a grave responsibility in- atives are so anxious to conserve. Now that HON. BARNEY FRANK deed. . . . And while much has been said you no longer have to be outspoken on their OF MASSACHUSETTS about your admirable determination to over- behalf, perhaps you will recognize that in the IN THE HOUSE OF REPRESENTATIVES come terrible obstacles, it is also important past it was the white ‘‘conservatives’’ who Tuesday, April 13, 1999 to remember how you arrived where you are screamed ‘‘Segregation now, Segregation now, because you did not get there by your- forever!’’ It was primarily the conservative Mr. FRANK of Massachusetts. Mr. Speaker, self. who attacked the Warren Court relentlessly no issue facing us is more important than how CONGRESSIONAL RECORD — Extensions of Remarks E631 we respond to the question of adapting to the crisis; it is the cause of it. After two decades, consumers—workers who capture a fair share new global economy. Until fairly recently, the the results are very clear. The global casino of the profits that they produce. The strug- accepted wisdom was that all governments of capital and currency speculation has gen- gle to do just that is taking place in offices erated booms and busts of increasing sever- and shop floors across the world. As Presi- had to do was to allow capital to find its most ity and frequency, as World Bank economist dent Clinton has said, global rules are cru- profitable niche, and we would all reap the Joseph Stiglitz has warned. And it has pro- cial if we are to keep the global market from benefits. Increasingly people understand that duced slower growth and greater inequality becoming a race to the bottom. this is an incomplete approach to governance in countries large and small, developed and Finally, this debate can no longer be con- and an inadequate response to the social eco- developing—as governments scramble to pro- tained in closed rooms in luxurious hotels. It nomic and political problems posed by the tect themselves from the global storms. is already being waged on the streets, the new global economy. In the interest of fos- In its current form, globalization cannot shop floors and the computer screens across be sustained. Democratic societies will not tering discussion of this important set of the world. As the cloistered negotiators of support it. Authoritarian leaders will fear to the Multilateral Agreement on Investment issues, I ask unanimous consent to insert into impose it. The so-called Washington con- discovered, trade and investment agreements the RECORD at this point three commentaries sensus is no longer the consensus even in must gain public support if they are to go on this issue which while diverse in the per- Washington. forward at all. Open covenants, openly ar- spective from which they are made, share a Over the last year and one-half, workers, rived at is not simply a slogan—it is a grow- common understanding of the general direc- environmentalists, consumers—reflecting ing reality. the opinion of the vast majority of Ameri- We are entering a new era. We will either tion in which we should be going, and are also cans—came together to block the president’s distinguished by a strong intelligence. build a new internationalism that empowers request for fast track trade authority not workers, protects consumers and the envi- First, I insert a speech given by John once, but twice. ronment, and fosters sustainable growth—or Sweeney, President of the AFL±CIO, at We insisted that enforceable worker rights we will witness a harsh reaction as desperate Davos. John Sweeney's thoughtful leadership and environmental protections be central to peoples demand protection. in trying to find a way to reconcile the any new round of trade negotiations. I urge of all you to join us in our effort to strengths of the market with policies that offset And we were right. Now US Treasury Sec- bend the forces of globalization so they help retary Robert Rubin calls for a new ‘‘archi- workers everywhere build a better future. the negative effects of a pure market ap- tecture’’ to limit instability. President Clin- proach is a genuine asset for the United ton pushes new initiatives on child labor, on MR. MARX, MEET MR. FRIEDMAN States in our efforts to deal with this matter. core labor rights, and on the environment. (By E.J. Dionne Jr.) Second, I insert an article by Bruce Freed America‘s voice, I suggest to you, will either sound a new note in any future round of PARIS—A characteristic of politics in most who has been writing very thoughtfully in com- of the well-off democracies is that we know mentary aimed at the enlightened leadership trade negotiations, or it will be muted in spite of itself. far better what we don’t want than what we of the business community. do. Third, I insert a very thoughtful article by When you are in a hole, the first thing to do is to stop digging. If the newly sobered The trends in most democratic countries one of the most thoughtful of our contem- global community has stopped digging, we‘re are toward moderate governments and away porary journalists, E.J. Dionne, on the theo- still left in the hole. Working people across from pure free-market parties. Electorates retical aspects of this broader question. the world understand that if nothing is done, don’t fully trust the global economy and want protection from its fluctuations. But to REMARKS BY JOHN SWEENEY, PRESIDENT OF corporate globalization will continue, un- checked and uncontrolled. We need to go a win elections, parties of the left promising THE AFL–CIO, 1999 ANNUAL MEETING those protections have to prove they’re com- WORLD, ECONOMIC FORUM, DAVOS, SWITZER- different way. Calls for greater transparency, better ac- fortable with the market and accept its dis- LAND, JANUARY 30, 1999 counting and more generous safety nets are ciplines. It is a delight to be here once more, and to satisfying, but not sufficient. The essential France’s Socialist Prime Minister Lionel have this opportunity to share with you building blocks of a new internationalism Jospin caught the mood when he declared some of the perspectives of the 40 million can be seen in the struggles of workers and that he favored a ‘‘market economy’’ but op- working men and women in households rep- citizens across the world. posed a ‘‘market society.’’ We want cap- resented by the AFL–CIO. People are demanding protection from the italism, but want it tempered by other val- We’ve been asked to talk about how to havoc caused by currency and capital specu- ues—equity, community and compassion, for ‘‘manage the social impact of globalization.’’ lation. If this is not done at a global level, it starters. But let us not think of globalization as a will be done at a national level—as we’ve If you want to know how much has natural phenomenon with regrettable social seen from Hong Kong to Malaysia to Chile. changed, consider these comments from Rob- side effects. The forces of globalization now While curbing speculators, we must get the ert Hue, the national secretary of the once wracking the world are the creation of man, global economy going again. Recent efforts hard-line French Communist Party. ‘‘The not of God. Our task is not to make societies to lower interest rates in Europe and the Communists are not adversaries of the mar- safe for globalization, but to make the global United States, and to pump up demand in ket,’’ he declared last week. ‘‘The Com- system safe for decent societies. Japan should be seen only as first steps. munists have broken with the statist vision This is not a quibble about words. As we In this crisis, as the IMF recently admit- of things.’’ Imagine: Karl Marx dining with meet, about a third of the world’s economy ted, enforcing austerity on indebted coun- Milton Friedman. is in recession. 100 million people who tries only makes things worse. The Fund and The social philosopher Anthony Giddens thought they were part of a growing middle the Bank should help restructure debt and explains this transformation in ‘‘The Third class have been brutally thrust back into stimulate growth. And as the growing Jubi- Way,’’ his important recent book. ‘‘No one poverty. And, as recent events in Brazil have lee 2000 movement has called for, industrial any longer has any alternatives to cap- shown, the crisis is far from over. nations should move to relieve the debt bur- italism—the arguments that remain concern Global deflation is now the nightmare of dens on the poorest nations, while increasing how far, and in what ways, capitalism should central bankers. Too many goods, too much investment in sustainable energy, education be governed and regulated.’’ productive capacity chasing too few con- and health care. ‘‘These arguments are certainly signifi- sumers with too little money. In the crisis, At the same time, we need to create the cant,’’ he continues, ‘‘but they fall short of the US is the buyer of last resort. But US conditions for sustainable growth. the more fundamental disagreements of the consumers are already spending more than That is why it is vital to empower work- past.’’ That may explain some of the listless- they make. US manufacturers are in reces- ers—to enforce core worker rights in the ness of contemporary politics. Utopias and sion. In recent months, 10,000 steelworkers global market—the right to organize and to searing critiques of the status quo are excit- have lost their jobs to a flood of imports, bargain collectively to improve one’s lot, the ing. But why should progressive parties pre- their families disrupted, their communities prohibitions against child labor and forced tend to have answers they don’t, or attempt devastated. The US trade deficit is headed to labor, the elimination of discrimination. to build systems that can’t work? unsustainable new heights. Empowering workers strengthens democ- The Third Way idea is seductive because it The terrible human costs can have one racy. It is also vital to sustaining prosperity, seems to represent realism with a heart. But good effect. They can sober the debate about to making markets work. Giddens—the director of the London School the global economy. For two decades, con- When the famed US labor leader, Walter of Economics who’s thought of as British servative governments have been on a binge, Reuther, visited Japan in the 1960s, he saw Prime Minister Tony Blair’s favorite social dismantling controls over capital, cur- that Japanese autoworkers were riding bicy- philosopher—tries to show that the Third rencies, and corporations. Now we awake the cles to work. ‘‘You can’t build an automobile Way is more than a marketing slogan. morning after, our heads aching, our hearts economy on bicycle wages,’’ he warned the The core problem with contemporary con- burdened by the destruction that we see Japanese. But of course they could, by ex- servatism, he says, is an inconsistency at the around us. porting their automobiles to the United heart of its creed. Its ‘‘devotion to the free Globalization—in the extreme, corporate States. market on the one hand, and to the tradi- dominated, de-regulated form we have wit- No limits of that export-led growth model tional family and nation on the other, is self- nessed—is not the scapegoat of the current are apparent. A vibrant economy requires contradictory.’’ E632 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 Why? ‘‘Individualism and choice are sup- The implications of fast track’s absence A TRIBUTE TO THE LATE JOE posed to stop abruptly at the boundaries of are beginning to be seen. This is the case in DI MAGGIO the family and national identity, where tra- Latin America, a key market for U.S. ex- dition must stand intact. But nothing is ports. By not being able to move forward more dissolving of tradition than the ‘perma- with a Latin American free-trade agreement, HON. PETER DEUTSCH nent revolution’ of market forces.’’ the United States runs the risk of being cut OF FLORIDA Giddens is perceptive on the thorny ques- out as the European Union forges closer IN THE HOUSE OF REPRESENTATIVES tion of risk vs. security. The standard ac- trading ties with Mercosur, the powerful count is that if government provides too Tuesday, April 13, 1999 southern cone trade group. much security, no one will want to take Mr. DEUTSCH. Mr. Speaker, last month the risks. But Giddens is alive to the need for Winning fast track, however, will require a Nation lost a true American hero. I am deeply certain social protections if what you desire fundamental change in the way business saddened that Joe DiMaggio, ``the Yankee is a risk-taking society. deals with Capitol Hill and how it ap- Clipper,'' passed away at the age of 84 in his To encourage citizens to be ‘‘responsible proaches the politics of trade. ‘‘You’ve got a risk-takers,’’ he writes, ‘‘people need protec- lot of folks stuck in a rut now,’’ said Dunn. hometown of Hollywood, Florida, on March 8, tions when things go wrong’’ and ‘‘also the The problem business faces is that the Re- 1999. We mourn the loss of a man whose leg- material and moral capabilities to move publican-anchored coalition it is looking to acy will be remembered for years to come. In- through major periods of transition in their to pass fast track hasn’t worked effectively deed, Joe DiMaggio has a long and storied list lives.’’ That’s the reason every party in since the passage of the North American of athletic accomplishments, but he is also re- every country is talking about education. Free Trade Agreement almost six years ago. The upshot is we shouldn’t dismantle the membered for his service to the South Florida welfare state, but rather reconstruct it into How does business get out of this rut and community and the Nation. Joe DiMaggio is a a ‘‘social investment state’’ to provide ‘‘re- turn the fight for fast track into a winning man who achieved greatness, and it was also sources for risk-taking.’’ Gidden’s welfare game? Last December, this column suggested the way in which he carried himself that was state would also cooperate extensively with a counterintuitive trade strategy that truly great. community institutions that are inde- looked center-left to offset growing Repub- Voted the ``Greatest Living All-Time Base- pendent of government. lican isolationism. Now is the time to apply ball Player'' by the Baseball Writers Associa- As for the global economy, Giddens sees its it. With Congress so closely balanced, busi- tion in 1969, Joe DiMaggio's impact was felt in expansion as removing more and more activ- ness can’t afford to ignore the Democrats, ity from the regulatory reach of individual the Major Leagues soon after his rookie sea- including liberals, labor and the environ- son in 1936. After winning only one World Se- nations. In what he calls ‘‘depoliticized glob- mentalists. al space,’’ there are no rules establishing ries in the seven years prior to his joining the ‘‘rights and obligations.’’ Figuring out what Rep. Cal Dooley (Calif.), a staunch free- team, the New York Yankees won four straight those are and whether they can be enforced trade and leading pro-business Democrat, world championships. By the time he retired in across national boundaries is one of the cen- recognizes this as he pushes for a serious dia- 1951, Joltin' Joe DiMaggio's role in the domi- logue between business and labor and the en- tral political problems of our time. nance of the New York Yankees was undeni- The strongest critique of the Third Way is vironmentalists. Those groups have been fast that its careful balancing act sounds too track’s toughest opponents. ‘‘The message able: his leadership brought a total of ten pen- good to be true. Center-left parties trying to I’ve been delivering to business is that you nants and nine world series to New York in calibrate market efficiencies against con- have to be providing the leadership and iden- the span of 13 major league seasons. Over cerns for social justice are not working in tifying the policies that address the environ- his career, Joe DiMaggio would win three some sanitized laboratory. In the politics of mental and labor issues that can broaden the MVP awards, become the only major league democracies, interests and passions inter- base of support for fast track.’’ Dooley told player in major league history who has more vene. me. than 300 home runs and fewer than 400 That was brought home in the recent bat- tle between Germany’s Social Democratic Key business groups have started doing strikeouts, and be inducted into the Baseball chancellor, the centrist Gerhard Schroeder, this but it needs to be done seriously in Hall of Fame in 1955. and his left-wing finance minister, Oskar La- order to construct a new coalition. That coa- Career statistics aside, Joe DiMaggio had fontaine. Lafontaine resigned, protesting lition can be made up of Democrats and envi- perhaps one of the most remarkable years that ‘‘the heart isn’t traded on the stock ronmental, labor and internationalist Repub- ever when he won the Most Valuable Player market yet.’’ But where Lafontaine saw a so- licans. House Banking Committee Chairman award in 1941. That year, like Sammy Sosa cially minded heart beating, German busi- Jim Leach (R-Iowa) suggested this approach and Mark McGwire did during the summer of a year ago as a way to break the deadlock ness saw a statist cancer growing. 1998, Joe DiMaggio and Ted Williams cap- The Paris daily Le Monde noted archly over funding for the International Monetary that it was pure ‘‘coincidence’’ that at the Fund. Rep. Barney Frank (D-Mass.) has tivated the entire Nation with two spectacular moment Lafontaine quit, Anthony Giddens urged business and liberals to find ways to individual performances. While Ted Williams was visiting Bonn to unveil the German edi- deal with each other on trade and other ele- would hit .406, DiMaggio would take center tion of ‘‘The Third Way’’—of which Schroe- ments of their agendas. stage while hitting safely in 56 straight der is a public fan. Where do corporate CEOs fit into this new gamesÐan amazing record which stands ‘‘The Third Way’’ is worth finding, and strategy? In several ways. First, they need to today. Giddens makes an honorable effort to draw pledge their unwavering commitment to the Though one could talk about Joe us a map. But as the struggles of the new DiMaggio's greatness based on baseball sta- German government show, the road there is effort—from start to finish—just as they do still under construction. with company initiatives. tistics alone, we must not forget the service Next, they need to shape the public’s per- that Joe DiMaggio performed for our nation during times of war. In 1943, Joltin' Joe BUSINESS MUST TAKE LEAD TO WIN FAST ception of fast track as critical to the na- TRACK tion’s economic growth and their personal swapped his Yankee paycheck for a $50-a- Steel tops Congress’ trade agenda. But just well-being. This can only be done by leader- month private's salary as he left baseball to beneath the surface remains fast track, the ship outside Washington that can soften the serve as physical trainer for Army Air Force missing critical link in long-term U.S. trade partisanship that hurt fast track previously. cadets. Finishing his term of service three policy. CEOs can do this, Dunn said, by ‘‘articu- years later, Joe DiMaggio had risen to the Twice in the past two years, Congress re- lating much more in public and much more rank of sergeant and, in 1974, he was award- fused to give broadened authority to the with their employees the benefits and impor- tance of free trade.’’ ed the Silver Helmet award from AMVETS president to negotiate trade agreements. (American Veterans of World War II, Korea, With a third try being readied, the challenge Lastly, they need to provide the ongoing for the corporate community is to provide and Vietnam). Only three years after receiving leadership of the fast-track, campaign. Usu- this award, he would be further honored in a the leadership that will finally achieve it. ally, this is done by the White House with The push needs to come soon. As the support of outside groups. However, long- way that few are: he was awarded the Presi- globalization quickens, opportunities for term, proactive leadership has not been the dential Medal of Freedom by President Carter. U.S. companies to sell their products in- forte of this White House as demonstrated by Mr. Speaker, Joe DiMaggio lived much of crease. However, access to foreign markets the last minute, ad hoc—and unsuccessful— his life in private. Though he also performed must be guaranteed, a process fast track campaign it mounted for fast track in 1997. much philanthropy work in private, he was would facilitate. ‘‘If we don’t get [fast track] this year, we’re not going to get it until well Business needs to be pragmatic and go very public about his affiliation with the Memo- after the presidential election,’’ Rep. Jen- where the votes are if it is to win fast track. rial Hospital which lies within my Congres- nifer Dunn (R-Wash.), a member of the Ways By doing that, business leaders will have a sional District in Hollywood, Florida. In 1992, and Means Trade Subcommittee, said in an real shot at achieving a U.S. trade policy the new children's wing of Memorial Hospital interview. that is truly global. was christened the ``Joe DiMaggio Children's CONGRESSIONAL RECORD — Extensions of Remarks E633 Hospital, at Memorial Regional Hospital'' in where he signs himself as ‘‘President,’’ he de- Prosecutor Craig Rooten said Tuesday that recognition of his extensive support. Since scribes his group as working for the ‘‘strug- Colbert wanted the case to go to trial, but 1992, DiMaggio helped raise more than $4 gle of our white race’’ and complained of understood the guilty pleas ensured jail time ‘‘thousands of organizations working for the for his attackers. million for the care of sick children there. For interest of minorities.’’ ‘‘There were a lot of people involved and his charitable work, we all own the late Joe ‘‘How many groups stand up for the cul- there was a lot of alcohol involved, making DiMaggio a debt of gratitude. I assure you that tural values and ideals of the white major- it a difficult case to sort out,’’ Rooten said. Hollywood and the surrounding areas will miss ity?’’ he asked. ‘‘We of the Confederate Colbert, of Forestville, MD, was one of just him greatly. Knights of America are unapologetically a few blacks who attended a party last May In summary, there was something special committed to the interest, ideas and cultural at the home of Tim Bullard, a fellow Camp about Joe DiMaggio. He was unpretentious value of the White Aryan race.’’ Pendleton Marine. At least 100 people packed Prosecutors said other physical evidence the small house at Santee, a rural commu- and proud, a man who carried himself with the includes a lighter engraved with Knight’s nity 20 miles northeast of San Diego. utmost class and dignity. Joltin' Joe DiMaggio prison nickname ‘‘Possum’’ and a Klu Klux When a fight broke out in the front yard, was truly a hero in an era when America was Klan symbol of interlocking three K’s found there were no streetlights to illuminate coming out of the Great Depression, and era along the bloody route. Byrd’s blood also was what was happening and most of the people when America needed someone to turn to for found on King’s shoes, Gray said. were drunk, Rooten said. Police interviewed inspiration. It is with great sorrow that I praise Tattoos over more than 65 percent of his about 50 people over four months before body include a black man hanging from a him today, and hope that in some small way making any arrests since few stories were tree, nazi swastikas and a Woody Wood- alike. this statement can thank him for all his great- pecker cartoon character wearing a Klan One common denominator was that the ness, for his accomplishments both on the robe and hood. attackers punched and kicked Colbert while baseball field and off it as well. Defense attorney Haden ‘‘Sonny’’ Cribbs, shouting racial slurs and ‘‘white power,’’ f who declined an immediate opening Rooten said. statment, objected to the introduction of the Colbert’s memory of the attack was that a EXPOSING RACISM written material and photos of King’s tat- fellow Marine went outside to help a woman toos, saying such items were protected by who was hit by a ‘‘skinhead.’’ When he heard the Constitution as freedom of expression. the commotion, he went outside to see what HON. BENNIE G. THOMPSON State District Judge Joe Bob Golden over- was happening. OF MISSISSIPPI ruled the objections. ‘‘Out of the corner of my eye I saw a guy IN THE HOUSE OF REPRESENTATIVES Prosecutors began testimony by laying out coming toward me with brass knuckles,’’ Tuesday, April 13, 1999 the crime scene, with Sheriff Billy Rowles Colbert told The San Diego Union-Tribune. telling how he first thought he had a routine ‘‘I felt it on my neck. . . . He came up behind Mr. THOMPSON of Mississippi. Mr. Speak- hit-and-run accident. But he said he was puz- me and broke my neck. I fell flat on my er, in my continuing efforts to document and zled by the lack of parallel tire tracks that face.’’ expose racism in America, I submit the fol- should have followed the trail of blood typi- At a hearing last month, Judge Frederick lowing articles into the CONGRESSIONAL cally left by someone dragged under a vehi- Link asked Lawson if he beat Colbert be- cle. cause he was black and he tearfully said: RECORD. When investigators found the lighter, ‘‘That is correct.’’ PROSECUTOR: BLACK MAN’S MURDER INTENDED ‘‘That’s when we started having some bad Lawson’s admission means he faces two to TO DRAW ATTENTION TO NEW HATE GROUP thoughts,’’ the sheriff added. ‘‘I knew some- 11 years in prison. The others face five years (By Michael Graczyk) body had been murdered because he had been probation with one year in jail. They will re- black.’’ ceive credit for jail time already served. JASPER, TX (AP).—The heinous dragging Other items from the crime scene included death of a black man last year was part of a Solis has been free on $250,000 bond for a few tools with the name ‘‘Berry’’ scratched into plan to draw attention to a new white su- months, but the others have been jailed since the surface. Authorities knew Berry was a premacist group being organized by his ac- their arrest in September. mechanic and arrested him on outstanding The parents of some of the attackers re- cused white killer, John William King, pros- traffic warrants. When he gave an affidavit cently went on a radio talk show, saying ecutors say. that included information identifying King their sons were coerced into confessing that ‘‘I do believe he was trying to form his own as having the nickname ‘‘Possum,’’ ‘‘I know the crime was racially motivated, and it personal hate group in Jasper, Texas,’’ Jas- this country boy’s in trouble,’’ Rowles testi- really was just a drunk brawl. A witness per County District Attorney Guy James fied. called in to say that such hatred isn’t cre- Gray said Tuesday after the first full day of In love letters he sent from prison to ated by alcohol, it only enhances it. testimony. ‘‘I believe we’ll be able to estab- Michele Chapman, a Jasper woman described Colbert spent several months at a Vet- lish that this killing was to promote his own by King as ‘‘my precious Aryan Princess,’’ eran’s Administration hospital in Long personal agenda.’’ King used obscenities and vulgarities when Beach before moving to a Virginia hospital King, 24, an unemployed laborer and ex- referring to blacks and Mexicans. He bragged closer to his family’s Maryland home. He convict, faces life in prison or death by injec- about what he said was $3,000 worth of tattoo was recently moved to a home modified for tion if convicted of the June 7 murder of work he received for free all over his body his wheelchair, Rooten said. James Byrd Jr. from an inmate tattoo artist. The 49-year-old East Texas man was ‘‘White is right!!!’’ he wrote in one letter, SETTLEMENT REACHED IN CALIFORNIA RACE- chained to the back of a pickup truck and signing it off: ‘‘. . . Take care and stay white BASED ADMISSIONS CASE dragged for three miles before his body, and beautiful.’’ minus a head, neck and arm, was left Prosecutors also showed jurors photo- (By Bob Egelko) dumped on a road across from a black church graphs of Byrd’s remains and introduced into SAN FRANCISCO (AP)—City schools and the and cemetery. evidence tattered remnants of Byrd’s cloth- NAACP reached a last-minute settlement Gray, who said DNA evidence would be in- ing. Several members of Byrd’s family began over race-based admissions on the same day troduced today, has said he hopes to wrap up sobbing as the clothing was revealed. a federal trial was to begin deciding the con- his side of the case by the end of the week. stitutionality of San Francisco’s school de- Two other men, Lawrence Russell Brewer, segregation program. 31, and Shawn Allen Berry, 23, are to be tried BLACK MARINE BEATEN, PARALYZED BY WHITE The program bars any school from having later on the same charges. MEN TO FACE ATTACKERS more than 45 percent of any one racial or In his opening statement Tuesday to the (By Michelle Williams) ethnic group, a practice the families of three jury of 11 whites and one black, Gray said SAN DIEGO (AP)—Sitting in a wheelchair Chinese-American students alleged kept the physical evidence, racist tattoos all over with only the slightest movement in his left youngsters out of their preferred schools. King’s body and letters written by King hand, Lance Cpl. Carlos Colbert still has his U.S. District Judge William Orrick ordered would tie him to Byrd’s murder. voice to describe how five men savagely details of Tuesday’s agreement between the Correspondence seized by authorities from changed his life at a Memorial Day party. school district and the National Association King’s Jasper apartment the day after Byrd’s The black Marine, who is paralyzed, today for the Advancement of Colored People kept death and entered into evidence late Tuesday was to face the white men who drunkenly confidential until a hearing today. included 22 pages of handwritten by-laws and beat him, broke his neck and left him mo- But participant’s comments indicated that a code of ethics for what King called the tionless on the ground in what prosecutors court-ordered limits on racial and ethnic ‘‘Confederate Knights of America Texas say was a racist attack. groups at each school in the 63,000-student Rebel Soldiers.’’ Colbert was to tell them how his life has district would be repealed. ‘‘Dear Student,’’ King wrote. ‘‘Welcome to changed. He is 21. Jessee Lawson, 20; Trenton Daniel Girard, lawyer for the three Chi- the Aryan Institute for Higher Learning . .. Solis, 18; Robert Rio, 23; Jed Jones, 21; and nese-American students and their parents, Welcome to the dream.’’ Steven Newark III, 18, pleaded guilty last who filed the lawsuit in 1994, said the agree- In one of the documents, he labels himself month to felony assault and avoided poten- ment is ‘‘a balanced resolution’’ that ‘‘Captain’’ of the organization. In another, tial life sentences at today’s hearing. achieves the plaintiffs’ objectives. E634 CONGRESSIONAL RECORD — Extensions of Remarks April 13, 1999 ‘‘This is definitely worth the fight,’’ said yer Peter Cohn. He said the agreement would tion to affirmative action, immigration and Charlene Loen, whose 14-year-old son, Pat- ‘‘continue to protect the educational rights school busing. rick Wong, was denied admission to elite of all children.’’ ‘‘But its chief interest remains race,’’ the Lowell High School in 1994 because the center says in its report. school then required higher test scorers from [From the USA Today, February 23, 1999] When the involvement of Lott and Barr be- Chinese American than other ethnic groups. came public last year, both men disavowed That policy has been changed, but the NEW AVENUES AIDING HATE GROUP NUMBERS the council’s views. court order still has the effect of curbing (By Laura Parker) Lowell’s Chinese-American enrollment, the The number of hate groups operating in The number Ku Klux Klan organizations is largest of any group. Wong, 18, now attends the United States increased again last year, also up from 127 chapters in 1997 to 163 chap- the University of California, Irvine. spurred by the Internet, white power rock- ters, and the number of Internet groups The 1993 order, which resolved a 1978 dis- ’n’-roll music and the efforts of fringe groups ballooned from 163 in 1997 to 254 last year, crimination suit by the NAACP contained a to attract mainstream followers, according the report says. 45 percent ceiling on any racial or ethnic to a report by the Southern Poverty Law Racist rock-’n’-roll music, by bands with group at a school. The limit is 40 percent at Center in Montgomery, Ala. names such as White Terror, is also widely alternative or ‘‘magnet’’ schools. Those in- For the first time, the Council of Conserv- available on the Internet. clude Lowell, which has an entrance exam ative Citizens, which has drawn Senate Ma- ‘‘The organized hate movement in this and counts U.S. Supreme Court Justice Ste- jority Leader Trent Lott and Rep. Bob Barr, country is quite clearly growing and has phen Breyer and the late Gov. Pat Brown R-Ga., as speakers at meetings, was listed as been for several years,’’ says Mark Potok, among its alumni. a hate group in the law center’s annual sur- the law center’s spokesman. A draft settlement would prohibit assign- vey of hate and paramilitary groups. ing students abased on race or ethnicity but The report, to be issued Tuesday, says But it is difficult to measure whether the would let the district consider their socio- there were 537 hate groups operating in 1998, rise in hate groups translates into a rise in economic status, and Patrick Manshardt, a up from 474 groups in 1997. That includes the hate crimes. The FBI has been unable to say lawyer for the state of Board of Education 33 chapters of the Council of Conservative whether more hate crimes are being com- who saw the draft but was not part of the ne- Citizens, which claims 15,000 dues-paying mitted or more are merely being reported. gotiations. members. The increase in hate groups also coincides The settlement comes at a time of increas- The council was listed as hate group after with a robust economy. Normally, such ac- ing judicial hostility to race-based admis- the law center published an expose´ about the tivity declines in economic good times. But sions. In November, a federal appeals court group last year. The CCC, according to the Potok says the booming economy is not struck down race as an admissions factor at law center, has its roots in the old White making everyone rich, particularly blue-col- the prestigious Boston Latin School, a ruling Citizens Councils, organized to combat the lar workers. Laborers who once made good the school board decided not to appeal. 1954 Supreme Court ruling outlawing ‘‘sepa- wages in heavy industry find themselves in The San Francisco settlement will not end rate but equal’’ schools. The organization lower paying service-sector jobs, he says, and desegregation efforts, insisted NAACP law- has pushed national issues such as opposi- some are attracted to racist groups. Tuesday, April 13, 1999 Daily Digest Senate No. 176 regarding Medicare reform (adopted March Chamber Action 25, 1999), and (2) section 209 of the Senate passed Routine Proceedings, pages S3613–S3665 resolution regarding the use of non-budget surpluses Measures Introduced: Twenty-three bills and two for a prescription drug benefit. Pages S3621, S3627 resolutions were introduced, as follows: S. 768–790, By 66 yeas to 33 nays (Vote No. 85), Dodd mo- S.J. Res. 18, and S. Con. Res. 25. Pages S3633±34 tion to instruct conferees to include in the con- ference report the Dodd/Jeffords Modified Amend- Measures Reported: ment No. 160 to provide for an increase in the man- Special Report on Legislative Activities of the datory spending in the Child Care and Development Committee on Labor and Human Resources during Block Grant (adopted on March 25, 1999). the 105th Congress. (S. Rept. No. 106–40) Special Report of the Committee on Rules and Pages S3621±24, S3628 Administration United States Senate during the Dorgan motion to instruct conferees to include in 105th Congress. (S. Rept. No. 106–41) the conference report provisions that would provide Report to accompany S. 247, to amend title 17, additional funding for income assistance for family United States Code, to reform the copyright law farmers above the level provided in the Senate passed with respect to satellite retransmissions of broadcast resolution. Pages S3624±26 Rejected: signals. (S. Rept. No. 106–42) Page S3633 Kennedy motion to instruct conferees to include Measures Passed: in the conference report provisions that would (1) Congressional Award Act Authorization: Senate allow targeted tax relief for low-and middle-income passed S. 380, to reauthorize the Congressional working families, and (2) reserve a sufficient portion Award Act. Page S3660 of projected non-Social Security surpluses to extend Neotropical Migratory Bird Conservation: Senate significantly the solvency of the Medicare Hospital passed S. 148, to require the Secretary of the Interior Insurance Trust fund and modernize and strengthen to establish a program to provide assistance in the the program. (By 54 yeas to 45 nays (Vote No. 84), conservation of neotropical migratory birds. Senate tabled the motion.) Pages S3618±21, S3627±28 Pages S3660±63 Withdrawn: Domenici Amendment No. 252 (to Kennedy mo- Congressional Budget House Message: Senate re- tion to instruct conferees-listed above), to instruct ceived message on House action on H. Con. Res. 68, conferees to include in the conference report (1) establishing the congressional budget for the United Roth/Breaux Modified Amendment No. 176 regard- States Government for fiscal year 2000 and setting ing Medicare reform (adopted March 25, 1999), and forth appropriate budgetary levels for each of fiscal (2) section 209 of the Senate passed resolution re- years 2001 through 2009, taking the following ac- garding the use of non-budget surpluses for a pre- tion: Pages S3615±28 scription drug benefit. Page S3621 Adopted: The Chair was authorized to appoint the following By a unanimous vote of 98 yeas (Vote No. 82), conferees on the part of the Senate: Senators Domen- Lautenberg motion to instruct conferees to include ici, Grassley, Nickles, Gramm, Gorton, Lautenberg, in the conference report provisions that would re- Conrad, Boxer, and Murray. Page S3628 serve all Social Security surpluses only for Social Se- curity, and not for other programs (including other Appointments: retirement programs) or tax cuts. Senate National Security Working Group: The Pages S3615±18, S3626±27 Chair, on behalf of the Democratic Leader, pursuant By 57 yeas to 42 nays (Vote No. 83), Domenici to the provisions of S. Res. 105, adopted April 13, motion to instruct conferees to include in the con- 1989, as amended by Public Law 105–275, adopted ference report (1) Roth/Breaux Modified Amendment October 21, 1998, and further amended by S. Res. D372 April 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D373 75 adopted March 25, 1999, appointed the fol- DEATHS FROM PSYCHIATRIC FACILITY lowing Senators to serve as members of the Senate RESTRAINTS National Security Working Group: Senators Byrd Committee on Appropriations: Subcommittee on Labor, (Minority Administrative Co-Chairman), Levin (Mi- Health and Human Services, and Education con- nority Co-Chairman), Biden (Minority Co-Chair- cluded hearings to examine deaths caused from re- man), Kennedy, Kerrey, Moynihan, Sarbanes, Kerry, straints used in psychiatric facilities, and proposed and Durbin. Page S3663 legislation to extend existing nursing home stand- President’s Export Council: The Chair, pursuant ards on the use of restraints on mental health pa- to the provisions of Executive Order No. 12131, ap- tients and add a reporting requirement for deaths pointed the following Members of the Senate to the and serious injuries, after receiving testimony from President’s Export Council: Senators Burns, Ashcroft, Senators Lieberman and Dodd; Wanda K. Mohr, Enzi, Baucus, and Johnson. Page S3663 University of Pennsylvania School of Nursing, on be- Nominations Confirmed: Senate confirmed the fol- half of the National Alliance for the Mentally Ill, lowing nominations: and Joseph A. Rogers, Mental Health Association of A routine list in the Foreign Service. Southeastern Pennsylvania, on behalf of the National Pages S3660, S3665 Mental Health Association, both of Philadelphia; Dennis O’Leary, Joint Commission on Accreditation Nominations Received: Senate received the fol- of Healthcare Organizations, Oakbrook Terrace, Illi- lowing nominations: nois; Thomas R. Harmon, New York State Commis- Robert J. Einhorn, of the District of Columbia, to be an Assistant Secretary of State (Non-proliferation). sion on Quality of Care for the Mentally Disabled, 1 Air Force nomination in the rank of general. Albany; and Catherine ‘‘Jean’’ Allen, Greensboro, North Carolina. Page S3665 Messages From the House: Page S3633 AUTHORIZATION—DEFENSE Measures Referred: Page S3633 Committee on Armed Services: Committee concluded hearings on proposed legislation authorizing funds Measures Placed on Calendar: Page S3633 for fiscal year 2000 for the Department of Defense, Statements on Introduced Bills: Pages S3634±52 focusing on the military strategy and operational re- Additional Cosponsors: Pages S3652±54 quirements of the unified commands and future years defense program, and issues regarding the cur- Amendments Submitted: Page S3655 rent situation in Kosovo, after receiving testimony Notices of Hearings: Page S3655 from Gen. Anthony C. Zinni, USMC, Commander- Authority for Committees: Pages S3655±56 in-Chief, U.S. Central Command; Gen. Charles E. Wilhelm, USMC, Commander-in-Chief, U.S. South- Additional Statements: Pages S3656±60 ern Command; and Adm. Charles S. Abbot, USN, Adjournment: Senate convened at 11:30 a.m., and Deputy Commander-in-Chief, U.S. European Com- adjourned at 6:21 p.m., until 11:30 a.m., on mand. Wednesday, April 14, 1999. (For Senate’s program, see the remarks of the Acting Majority Leader in to- SUBMARINE WARFARE day’s Record on page S3663.) Committee on Armed Services: Subcommittee on Seapower concluded open and closed hearings on Committee Meetings submarine warfare in the 21st Century, after receiv- ing testimony from Rear Adm. Lowell E. Jacoby, (Committees not listed did not meet) USN, Director of Naval Intelligence; Adm. Edmund P. Giambastiani, Jr., USN, Commander, Submarine APPROPRIATIONS—ENERGY Force Atlantic Fleet; and Rear Adm. Malcolm I. Committee on Appropriations: Subcommittee on Energy Fages, USN, Director, Submarine Warfare. and Water Development concluded hearings on pro- posed budget estimates for fiscal year 2000 for the AUTHORIZATION—DEFENSE Department of Energy, in behalf of funds for their Committee on Armed Services: Subcommittee on Readi- respective activities, after receiving testimony from ness and Management Support concluded hearings Martha Krebs, Director, Office of Science, Dan W. on proposed legislation authorizing funds for fiscal Reicher, Assistant Secretary for Energy Efficiency year 2000 for the Department of Defense, focusing and Renewable Energy, and William D. Magwood, on land withdrawals and environmental programs, IV, Director, Office of Nuclear Energy, Science and and the future years defense program, after receiving Technology, all of the Department of Energy. testimony from Sherri W. Goodman, Deputy Under D374 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 1999 Secretary of Defense for Environmental Security; Plant of Delta Mills Marketing Company, Maiden, Elsie Munsell, Deputy Assistant Secretary of the North Carolina. Navy for Environment and Safety; Raymond J. Fatz, ANTITRUST MERGER REVIEW ACT Deputy Assistant Secretary of the Army for Environ- ment, Safety and Occupational Health; Thomas W. Committee on the Judiciary: Subcommittee on Anti- McCall, Jr., Deputy Assistant Secretary of the Air trust, Business Rights, and Competition concluded Force for Environment, Safety and Occupational hearings on S. 467, to restate and improve section Health; Sylvia V. Baca, Acting Assistant Secretary 7A of the Clayton Act, which would impose time for Land and Minerals Management, and Donald J. limits on the Federal Communications Commission Barry, Assistant Secretary for Fish and Wildlife and review of mergers, after receiving testimony from Parks, both of the Department of the Interior; Maj. Ronald J. Binz, Competition Policy Institute, H. Gen. Dennis D. Cavin, USA, Commanding General, Russell Frisby, Jr., Competitive Telecommunications Fort Bliss, Texas; Rear Adm. Timothy R. Beard, Association, and Roy M. Neel, United States Tele- USN, Commander, Naval Strike and Air Warfare phone Association, all of Washington, D.C.; and Center, Fallon Naval Air Station; Maj. Gen. Robert Richard Weening, Cumulus Media, Inc., Milwaukee, Magnus, USMC, Commanding General, Marine Wisconsin. Corps Combat West; Brig. Gen. John L. Barry, OSHA REFORM: SAFE ACT USAF, Commander, 56th Fighter Wing, Luke Air Force Base, Arizona; and Col. Anthony M. Coroalles, Committee on Health, Education, Labor, and Pensions: USA, Alaska Garrison Commander. Subcommittee on Employment, Safety and Training concluded hearings on S. 385, to amend the Occupa- INTERNET ACCESS tional Safety and Health Act of 1970 to further im- Committee on Commerce, Science, and Transportation: prove the safety and health of working environments, Committee held hearings to examine how to facili- and other related OSHA reform issues, after receiv- tate the deployment of faster, high-speed Internet ac- ing testimony from Ron Hayes, Fight Project, cess services and how to ensure that these benefits Fairhope, Alabama; Joanne Royce, Government Ac- are extended to all American consumers, and on pro- countability Project, Washington, D.C.; William F. posed legislation to prevent the Federal Communica- Alcarese, Baltimore, Maryland; and Charles LeCroy, tions Commission from regulating or taxing Internet Tallahassee, Florida. services, receiving testimony from Charles M. Brew- VETERANS HEALTH ADMINISTRATION er, MindSpring Enterprises, Inc., and James O. Rob- FORCE REDUCTION bins, Cox Communications, Inc., both of Atlanta, Georgia; Steve Case, America Online, Inc., Dulles, Committee on Veterans’ Affairs: Committee concluded Virginia; William L. Schrader, PSINet, Inc., Hern- hearings on the reduction in force in the Veterans don, Virginia; and Solomon D. Trujillo, U S West Health Administration of the Department of Veteran Communications, Inc., Denver, Colorado. Affairs, after receiving testimony from Kenneth W. Hearings recessed subject to call. Kizer, Under Secretary of Veterans Affairs for Health. CHINA APPLICATION TO WTO MEDICARE MANAGED CARE MARKETING Committee on Finance: Committee held hearings on issues related to China’s application for accession to Special Committee on Aging: Committee concluded the World Trade Organization, focusing on agri- hearings to examine the reliability of Medicare man- culture, industrial goods, services, protocol, pacific aged care plan information and the adequacy of the security, and human rights, receiving testimony from Health Care Financing Administration’s review of Charlene Barshefsky, United States Trade Represent- that information, and whether the Medicare man- ative. aged care appeals process adequately protects bene- Hearings recessed subject to call. ficiaries’ rights, after receiving testimony from Wil- liam J. Scanlon, Director, Health Financing and NAFTA REVIEW Public Health Issues, Health, Education, and Committee on Foreign Relations: Committee concluded Human Services Division, General Accounting Of- hearings on a five year review of the effects of the fice; Carol Cronin, Director, Center for Beneficiary North American Free Trade Agreement on United Services, Health Care Financing Administration, De- States jobs, wage rates, and industry, after receiving partment of Health and Human Services; Julie testimony from Richard W. Fisher, Deputy U.S. Schoen, Health Insurance Advocacy Program of Or- Trade Representative; Charles W. McMillion, MBG ange County, Santa Ana, California, on behalf of the Information Services, and Patrick J. Buchanan, both California Health Advocates; Chris Mulholland, III, of Washington, D.C.; and Vontella Dabbs, Catawba Marietta, Georgia, former Manager, Managed Care April 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D375 Branch Manager (Atlanta Regional Office), Health Beavercreek, Ohio; and Lois D. Watts, Laguna Hills, Care Financing Administration, Department of California. Health and Human Services; William L. Stringer, h House of Representatives H. Res. 139, providing for consideration of H.J. Chamber Action Res. 37, proposing an amendment to the Constitu- Bills Introduced: 21 public bills, H.R. 1376–1396; tion of the United States with respect to tax limita- and 1 resolution, H. Con. Res. 84, were introduced. tions (H. Rept. 106–94). Pages H1936±68, H1970 Pages H1970±72 Speaker Pro Tempore: Read a letter from the Reports Filed: Reports were filed today as follows: Speaker wherein he designated Representative Mica H.R. 208, to amend title 5, United States Code, to act as Speaker Pro Tempore for today. Page H1869 to allow for the contribution of certain rollover dis- Recess: The House recessed at 10:11 a.m. and re- tributions to accounts in the Thrift Savings Plan, to convened at 11:00 a.m. Page H1874 eliminate certain waiting-period requirements for participating in the Thrift Savings Plan, amended Suspensions: The House agreed to suspend the rules (H. Rept. 106–87); and pass the following measures: H.R. 928, to require that the 2000 decennial cen- Registration and Protection of Trademarks: sus include either a general or targeted follow up H.R. 769, to amend the Trademark Act of 1946 to mailing of census questionnaires, whichever, in the provide for the registration and protection of trade- judgment of the secretary of Commerce, will be marks used in commerce, in order to carry out provi- more effective in securing the return of census infor- sions of certain international conventions; mation from the greatest number of households pos- Pages H1876±78 sible (H. Rept. 106–88); Technical Corrections to Copyright Act: H.R. H.R. 1009, to authorize the awarding of grants to 1189, amended, to make technical corrections in cities, counties, tribal organizations, and certain title 17, United States Code; Pages H1878±79 other entities for the purpose of improving public Democratic Elections in the Republic of El Sal- participation in the 2000 decennial census (H. Rept. vador: H. Res. 110, congratulating the Government 106–89); and the people of the Republic of El Salvador on H.R. 1376, to extend the tax benefits available successfully completing free and democratic elections with respect to services performed in a combat zone on March 7, 1999; Pages H1881±83 to services performed in the Federal Republic of Yugoslavia (Serbia/Montenegro) and certain other National Medal for Public Safety Officers: H.R. areas, amended (H. Rept. 106–90); 46, to provide for a national medal for public safety Conference Report on H. Con. Res. 68, estab- officers who act with extraordinary valor above and lishing the congressional budget for the United beyond the call of duty (passed by a yea and nay States Government for fiscal year 2000 and setting vote of 412 yeas with 2 nays, Roll No. 81); and forth appropriate budgetary levels for each of fiscal Pages H1879±81, H1896 years 2001 through 2009 (H. Rept. 106–91); Elections in the State of Qatar: H. Con. Res. 35, H. Res. 137, waiving points of order against con- congratulating the State of Qatar and its citizens for sideration of the conference report to accompany H. their commitment to democratic ideals and women’s Con. Res. 68, establishing the congressional budget suffrage on the occasion of Qatar’s historic elections for the United States Government for fiscal year of a central municipal council on March 8, 1999 2000 and setting forth appropriate budgetary levels (passed by a yea and nay vote of 418 yeas with none for each of fiscal years 2001 through 2009 (H. Rept. voting ‘‘nay,’’ Roll No. 82). Pages H1883±85, H1896±97 106–92); Microenterprise Program in Developing Coun- H. Res. 138, providing for consideration of H.R. tries: The House passed H.R. 1143, to establish a 472, to amend title 13, United States Code, to re- program to provide assistance for programs of credit quire the use of postcensus local review as part of and other financial services for microenterprises in each decennial census (H. Rept. 106–93; and developing countries by a voice vote. Pages H1888±96 D376 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 1999 Agreed to the Smith of New Jersey amendment Year 2000: Testing, Credit Risk, Contingency Plan- that makes several technical changes including lim- ning and Liquidity, and Customer Confidence. Testi- iting the principal amount of loans made to any sin- mony was heard from Edward W. Kelley, Jr., mem- gle borrower to a maximum of $30 million; pro- ber, Board of Governors, Federal Reserve System; hibits the payment for any loss arising out of fraud from the following officials of the Department of the or misrepresentation for which the party seeking Treasury: John D. Hawke, Jr., Comptroller of the payment is responsible; and makes available up to $5 Currency; and Ellen Seidman, Director, Office of million for functions including subsidy cost and Thrift Supervision; Donna Tanoue, Chairman, FDIC; other expenses. Pages H1895±96 Norman D’Amours, Chairman, National Credit H. Res. 136, the rule that provided for consider- Union Administration; John P. Burke, Banking ation of the bill was agreed to by a voice vote. Commissioner, Department of Banking, State of Pages H1885±88 Connecticut; and public witnesses. Recess: The House recessed at 12:47 p.m. and re- OVERSIGHT—REGULATORY convened at 1:37 p.m. Page H1896 CLASSIFICATION OF LOW-POWER TV Recess: The House recessed at 7:56 p.m. and recon- LICENSEES vened at 12:18 a.m. Page H1936 Committee on Commerce: Subcommittee on Tele- Recess: The House recessed at 12:19 a.m. and re- communications, Trade, and Consumer Protection convened at 01:02 a.m. Page H1968 held an oversight hearing on Regulatory Classifica- Senate Messages: Messages received from the Senate tion of Low-Power Television Licensees. Testimony appear on pages H1875 and H1919. was heard from the following officials of the Mass Media Bureau, FCC: Roy J. Stewart, Chief; and Amendments: Amendments ordered printed pursu- Keith Larson, Associate Chief, Engineering; and ant to the rule appear on page H1973. public witnesses. Quorum Calls—Votes: Two yea and nay votes de- REWARDING PERFORMANCE IN veloped during the proceedings of the House today COMPENSATION ACT and appear on pages H1896 and H1897. There were no quorum calls. Committee on Education and the Workforce: Sub- committee on Workforce Protections held a hearing Adjournment: The House met at 9:30 a.m. and ad- on Rewarding Performance in Compensation Act. journed at 1:03 a.m. on Wednesday, April 14. Testimony was heard from public witnesses. YEAR 2000—ARE CRITICAL PROGRAMS Committee Meetings READY? INTERIOR APPROPRIATIONS Committee on Government Reform: Subcommittee on Committee on Appropriations: Subcommittee on Interior Government Management, Information, and Tech- continued appropriation hearings, with emphasis on nology and the Subcommittee on Technology of the Natural Resource Programs. Testimony was heard Committee on Science held a joint hearing on ‘‘Are from public witnesses. the Federal Government’s Critical Programs Ready LABOR-HHS-EDUCATION for January 1st, 2000?’’ Testimony was heard from APPROPRIATIONS Deidre Lee, Acting Deputy Director, Management, Committee on Appropriations: Subcommittee on Labor, OMB; Joel Willemssen, Director, Civil Agencies In- Health and Human Services, and Education contin- formation Systems, GAO; Anne Reed, Chief Infor- ued appropriation hearings. Testimony was heard mation Officer, AID, U.S. Information Development from public witnesses. Cooperation Agency; Fernando Burbano, Chief Infor- mation Officer, Department of State; and James VA-HUD-INDEPENDENT AGENCIES Flyzik, Chief Information Officer, Department of the APPROPRIATIONS Treasury. Committee on Appropriations: Subcommittee on VA, DEBT RELIEF FOR AFRICA HUD and Independent Agencies held a hearing on the EPA. Testimony was heard from Carol Browner, Committee on International Relations, Subcommittee on Administrator, EPA. Africa held a hearing on Debt Relief for Africa. Tes- timony was heard from Representative Waters; Wil- FINALIZING BANK PREPAREDNESS FOR liam Schuerch, Deputy Assistant Secretary, Inter- YEAR 2000 national Development, Debt and Environmental Pol- Committee on Banking and Financial Services: Held a icy, Department of the Treasury; and public wit- hearing on Finalizing Bank Preparedness for the nesses. April 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D377 YEAR 2000 READINESS AND CONFERENCE REPORT—CONCURRENT RESPONSIBILITY ACT BUDGET RESOLUTION Committee on the Judiciary: Held a hearing on H.R. Committee on Rules: Granted, by voice vote, a rule 775, Year 2000 Readiness and Responsibility Act. waiving all points of order against the conference re- Testimony was heard from Representatives Davis of port on H. Con. Res. 68, establishing the congres- Virginia, Dreier, Moran of Virginia, Cramer, Dooley sional budget for the United States Government for of California and Sandlin; Walter K. Stapleton, fiscal year 2000 and setting forth appropriate budg- Judge, U.S. Court of Appeals, Third Circuit; and etary levels for each of fiscal years 2001 through public witnesses. 2009, and against its consideration. The rule pro- vides that the conference report shall be considered OVERSIGHT—NATIONAL as read. The rule provides one hour of debate equally ENVIRONMENTAL POLICY AND THE divided and controlled between the chairman and ENVIRONMENTAL QUALITY ranking minority of the Committee on the Budget. IMPROVEMENT ACT Testimony was heard from Chairman Kasich. Committee on Resources: Held an oversight hearing on HAZARDOUS DUTY AREAS—TAX the National Environmental Policy and the Environ- BENEFITS AVAILABLE mental Quality Improvement Act. Testimony was Committee on Ways and Means: Ordered reported H.R. heard from George Frampton, Acting Chair, Council 1376, to extend the tax benefits available with re- on Environmental Quality. spect to services performed in a combat zone to serv- Hearings continue April 21. ices performed in the Federal Republic of Yugoslavia (Serbia/Montenegro) and certain other areas. CONSTITUTIONAL AMENDMENT—TAX LIMITATION 1999 TAX RETURN FILING—IRS BUDGET FOR FISCAL YEAR 2000 Committee on Rules: Granted, by a recorded vote of 7 to 1, a structured rule providing 3 hours of debate Committee on Ways and Means: Subcommittee on on H. J. Res. 37, proposing an amendment to the Oversight held a hearing on the 1999 Tax Return Constitution of the United States with respect to tax Filing Season and the IRS Budget for Fiscal Year limitations. The rule provides for one motion to 2000. Testimony was heard from Charles O. Rossotti, Commissioner, IRS, Department of the amend if offered by the Minority Leader or his des- Treasury; James R. White, Director, Tax Policy and ignee, which shall be considered as read and shall be Administration Issues, General Government Divi- separately debatable for 1 hour equally divided and sion, GAO; and public witnesses. controlled by the proponent and an opponent. Fi- nally, the rule provides for one motion to recommit MISCELLANEOUS BUDGET with or without instructions. Testimony was heard AUTHORIZATIONS from Representatives Scarborough, Barton of Texas Committee on Ways and Means: Subcommittee on and Watt of North Carolina. Trade held a hearing on budget authorizations for fiscal years 2000 and 2001 for the U.S. Customs LOCAL CENSUS QUALITY CHECK ACT Service, U.S. International Trade Commission, Office Committee on Rules: Granted by voice vote a struc- of the U.S. Trade Representative, and other Customs tured rule providing for one hour of debate on H.R. issues. Testimony was heard from Representative 472, Local Census Quality Check Act, as amended, Rodriguez; the following officials of the Department in the House, equally divided and controlled by the of the Treasury: Raymond W. Kelly, Commissioner, chairman and ranking minority member of the Com- U.S. Customs Service; John P. Simpson, Deputy As- mittee on Government Reform. The rule considers sistant Secretary, Regulatory, Tariff, and Trade En- the amendment printed in the Rules Committee re- forcement; and Dennis S. Schindel, Assistant Inspec- port as adopted upon the adoption of the resolution. tor General, Audit; Richard W. Fisher, Deputy U.S. The rule provides for the consideration of the Trade Representative; Lynn M. Bragg, Chairman, amendment numbered one printed in the Congres- U.S. International Trade Commission; the following sional Record, if offered by Representative Maloney officials of the GAO: Norman J. Rabkin, Director, of New York or her designee, which shall be debat- Administration of Justice Issues, General Govern- able for one hour equally divided and controlled be- ment Division; and Randolph C. Hite, Associate Di- tween the proponent and an opponent. Finally, the rector, Governmentwide and Defense Information rule provides for one motion to recommit with or Systems, Accounting and Information Management without instructions. Division; and public witnesses. D378 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 1999 BUDGET: DCI WRAP-UP Subcommittee on Constitution, Federalism, and Prop- Permanent Select Committee on Intelligence: Met in execu- erty Rights, business meeting to consider S.J. Res.14, proposing an amendment to the Constitution of the tive session to hold a hearing on fiscal year 2000 United States authorizing Congress to prohibit the phys- Budget: DCI Wrap-up. Testimony was heard from ical desecration of the flag of the United States, 2 p.m., departmental witnesses. SD–226. f Special Committee on the Year 2000 Technology Problem: to hold hearings on Federal Government Y2K preparedness, COMMITTEE MEETINGS FOR WEDNESDAY, 9:30 a.m., SD–138. APRIL 14, 1999 House (Committee meetings are open unless otherwise indicated) Committee on Agriculture, Subcommittee on Department Senate Operations, Oversight, Nutrition, and Forestry, hearing Committee on Appropriations: Subcommittee on Interior, to review of the U.S. Forest Service’s Forest Inventory and to hold hearings on proposed budget estimates for fiscal Analysis Program, 10:30 a.m., 1300 Longworth. year 2000 for the Bureau of Indian Affairs, Department Committee on Appropriations, Subcommittee on Com- of the Interior, 9:30 a.m., SD–124. merce, Justice, State, and Judiciary, on SEC and on FCC, Subcommittee on Defense, to hold hearings on pro- 10 a.m., and on Administration of Foreign Affairs, 2 posed budget estimates for fiscal year 2000 for the De- p.m., H–309 Capitol. partment of Defense, focusing on ballistic missile defense, Subcommittee on Interior, on Public Witnesses-Energy 11 a.m., SD–192. and Other Programs, 10 a.m., and 1:30 p.m., B–308 Committee on Armed Services: Subcommittee on Strategic, Rayburn. to hold hearings on proposed legislation authorizing Subcommittee on Labor, Health and Human Services, funds for fiscal year 2000 for the Department of Defense, and Educaton, on Public Witnesses, 10 a.m., and 2 p.m., focusing on strategic nuclear forces and policy and the fu- 2358 Rayburn. ture years defense program, 9:30 a.m., SR–222. Subcommittee on VA, HUD and Independent Agen- Subcommittee on Readiness and Management Support, cies, on EPA, 9:30 a.m., and 1:30 p.m., 2359 Rayburn. to hold hearings on the status of financial management Committee on Banking and Financial Services, hearing on within the Department of Defense, 2 p.m., SR–222. The Department of HUD’s Preparedness for the Year Committee on Banking, Housing, and Urban Affairs: Sub- 2000: Testing, Contingency Planning, and Business Part- committee on International Trade and Finance, to hold ner Outreach, 10 a.m., 2128 Rayburn. hearings on the issues relating to the Export Control Committee on Commerce, Subcommittee on Energy and Process, 10 a.m., SD–538. Power, to mark up the following bills: H.R. 45, Nuclear Committee on Commerce, Science, and Transportation: to Waste Policy Act of 1999; H.R. 459, to extend the dead- hold hearings to examine the published scandals plaguing line under the Federal Power Act for FERC Project No. the Olympics, 9:30 a.m., SD–106. 9401, the Mt. Hope Waterpower Project; and a measure Committee on Energy and Natural Resources: to hold closed to authorize appropriations for carrying out pipeline safe- oversight hearings to examine damage to the national se- ty activities under chapter 601 of title 49, United States curity from Chinese espionage at the Department of En- Code, 10 a.m., 2123 Rayburn. ergy nuclear weapons laboratories, 9:30 a.m., SH–219. Committee on Education and the Workforce, hearing on Committee on Finance: to hold oversight hearings on re- structuring and reform of the internal revenue service, 10 Title I of the Elementary and Secondary Education Act: a.m., SD–215. An Overview, 11:30 a.m., 2175 Rayburn. Committee on Foreign Relations: Subcommittee on Near Committee on Government Reform, hearing on Tax Reform Eastern and South Asian Affairs, to hold hearings on in the States, Part 2, of a series on National Problems, issues relating to the continuing crisis in Afghanistan, 10 Local Solution: Federalism at Work, 10 a.m., 2154 Ray- a.m., SD–562. burn. Committee on Governmental Affairs: to resume hearings Committee on International Relations, to mark up the fol- on the future of the Independent Counsel Act, 9:30 a.m., lowing: H.R. 1211, Foreign Relations Authorization Act, SH–216. Fiscal Years 2000 and 2001; the Western Hemisphere Committee on Health, Education, Labor, and Pensions: to Drug Elimination Technical Corrections Act; H. Res. hold hearings on education research, 9:30 a.m., SD–628. 128, condemning the murder of human rights lawyer Committee on Indian Affairs: to hold oversight hearings Rosemary Nelson and calling for the protection of defense on the implementation of welfare reform for Indians, 1:45 attorneys in Northern Ireland; and H. Con. Res. 54, rec- p.m., SR–485. ognizing the historic significance of the first anniversary Select Committee on Intelligence: to hold closed hearings on of the Good Friday Peace Agreement, 10 a.m., 2172 Ray- pending intelligence matters, 2 p.m., SH–219. burn. Committee on the Judiciary: Subcommittee on Immigra- Subcommittee on Asia and the Pacific, hearing to Re- tion, to hold hearings on the Kosovo Refugee Crisis, 9 view U.S.-Taiwan Relations on the 20th Anniversary of a.m., SD–226. the Taiwan Relations Act, 1:30 p.m., 2172 Rayburn. April 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D379

Subcommittee on International Economic Policy and Committee on Resources, hearing on H.R. 1142, Land- Trade, hearing on Should We Reauthorize OPIC? 2 p.m., owners Equal Treatment Act of 1999, 11 a.m., 1324 2200 Rayburn. Longworth. Committee on the Judiciary, Subcommittee on the Con- Committee on Rules, to consider H.R. 1376, to extend stitution, to mark up H.J. Res. 33, proposing an amend- the tax benefits available with respect to services per- ment to the Constitution of the United States authorizing formed in a combat zone to services performed in the the Congress to prohibit the physical desecration of the Federal Republic of Yugoslavia (Serbia/Montenegro) and flag of the United States, 10 a.m., 2237 Rayburn. certain other areas, 3 p.m., H–313 Capitol. Subcommittee on Immigration and Claims, oversight Committee on Science, Subcommittee on Energy and Envi- hearing on law enforcement problems at the border be- ronment, hearing on Fiscal Year 2000 Climate Change tween the United States and Canada, focusing on the Budget Authorization Request, 10 a.m., 2318 Rayburn. issues of drug smuggling, illegal immigration, and ter- rorism, 10 a.m., 2226 Rayburn. D380 CONGRESSIONAL RECORD — DAILY DIGEST April 13, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Wednesday, April 14 10 a.m., Wednesday, April 14

Senate Chamber House Chamber Program for Wednesday: After the recognition of six Program for Wednesday: Consideration of the con- Senators for speeches and the transaction of any morning ference report on H. Con. Res. 68, Congressional Budget business (not to extend beyond 1 p.m.), Senate expects to Resolution (rule waiving all points of order, 1 hour of consider S. 767, Uniformed Services Filing Fairness Act. general debate); and Consideration of H.R. 472, Local Census Quality Con- trol Act (structured rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E630 Radanovich, George, Calif., E618, E620 Gillmor, Paul E., Ohio, E624 Sabo, Martin Olav, Minn., E614, E615, E617 Ballenger, Cass, N.C., E613 Goodling, William F., Pa., E629 Sanders, Bernard, Vt., E628 Bonior, David E., Mich., E624, E627 Isakson, Johnny, Ga., E625 Saxton, Jim, N.J., E618 Burton, Dan, Ind., E626 McCarthy, Carolyn, N.Y., E623 Schaffer, Bob, Colo., E613, E615, E617, E618, E620, Camp, Dave, Mich., E627 McCollum, Bill, Fla., E627 E622, E623, E625 Capps, Lois, Calif., E614, E615, E617 McIntosh, David M., Ind., E619, E624 Stabenow, Debbie, Mich., E627 Castle, Michael N., Del., E623 Maloney, Carolyn B., N.Y., E618, E620 Stark, Fortney Pete, Calif., E614, E616, E617 Clay, William (Bill), Mo., E629 Menendez, Robert, N.J., E622 Thompson, Bennie G., Miss., E633 Clement, Bob, Tenn., E619 Neal, Richard E., Mass., E624 Towns, Edolphus, N.Y., E621 Condit, Gary A., Calif., E623 Ortiz, Solomon P., Tex., E628 Vento, Bruce F., Minn., E614, E616 Costello, Jerry F., Ill., E620 Owens, Major R., N.Y., E619, E621 Woolsey, Lynn C., Calif., E623 Deutsch, Peter, Fla., E632 Packard, Ron, Calif., E622 Doyle, Michael F., Pa., E622 Pomeroy, Earl, N.D., E626

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