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, THURSDAY, APRIL 15, 1999 No. 52 House of Representatives The House met at 10 a.m. nounced that the Senate had passed the Senator from New Jersey (Mr. Reverend Dr. Rodney H. Travis, First without amendment concurrent resolu- LAUTENBERG); Baptist Church, Ellisville, Missouri, of- tions of the House of the following ti- the Senator from Florida (Mr. fered the following prayer: tles: GRAHAM); Our Heavenly Father, we lift up our H. Con. Res. 44. Concurrent resolution au- the Senator from Wisconsin (Mr. hearts in gratitude to You for our great thorizing the use of the Capitol Grounds for FEINGOLD); and the 18th annual National Peace Officers’ Me- Nation. We thank You for the stirring the Senator from Connecticut (Mr. history of our people, for our achieve- morial Service. H. Con. Res. 47. Concurrent resolution au- DODD). ments of the past, and for our great thorizing the use of the Capitol Grounds for The message also announced that leaders who have given so much for our the Greater Washington Soap Box Derby. pursuant to the provisions of Public freedom today. H. Con. Res. 50. Concurrent resolution au- Law 105–244, the Chair, on behalf of the Guide our Nation in the way of truth thorizing the 1999 District of Columbia Spe- Democratic Leader, announces the ap- cial Olympics Law Enforcement Torch Run and peace and let justice roll down like pointment of the Senator from New waters, and righteousness like an ever to be run through the Capitol Grounds. The message also announced that Mexico (Mr. BINGAMAN), to serve as a flowing stream. Help us to always re- member of the Web-Based Education member that blessed is the Nation pursuant to the provisions of Senate Resolution 105, adopted April 13, 1989, Commission, vice Dr. Richard J. whose God is the Lord. Gowen, of South Dakota. We ask Your blessing and guidance as amended by Public Law 105–275, and further amended by Senate Resolution The message also announced that upon the men and women of Congress, pursuant to the provisions of section that they be filled with the love of 75, adopted March 25, 1999, the Chair, on behalf of the Democratic Leader, 3(b) of Public Law 105–341, the Chair, on truth and righteousness and that You behalf of the Majority Leader, an- would direct their deliberation and leg- announces the appointment of the fol- lowing Senators to serve as members of nounces the appointment of the fol- islation. lowing individuals to the Women’s In Jesus’ name we pray. Amen. the Senate National Security Working Group— Progress Commemoration f the Senator from West Virginia (Mr. Commission— THE JOURNAL BYRD), Minority Administrative Co- Elaine L. Chao, of Kentucky; Amy M. Holmes, of Washington, D.C.; The SPEAKER. The Chair has exam- Chairman; the Senator from Michigan (Mr. and ined the Journal of the last day’s pro- LEVIN), Minority Co-Chairman; Patricia C. Lamar, of Mississippi. ceedings and announces to the House the Senator from Delaware (Mr. his approval thereof. The message also announced that BIDEN), Minority Co-Chairman; pursuant to the provisions of Executive Pursuant to clause 1, rule I, the Jour- the Senator from Massachusetts (Mr. nal stands approved. Order No. 12131, the Chair, on behalf of KENNEDY); the Vice President and upon the rec- f the Senator from Nebraska (Mr. ommendation of the Majority Leader, KERREY); PLEDGE OF ALLEGIANCE the Senator from New York (Mr. appoints the following Senators as members of the President’s Export The SPEAKER. Will the gentleman MOYNIHAN); from New Jersey (Mr. HOLT) come for- the Senator from Maryland (Mr. SAR- Council: the Senator from Montana ward and lead the House in the Pledge BANES); (Mr. BURNS); the Senator from Missouri of Allegiance. the Senator from Massachusetts (Mr. (Mr. ASHCROFT); and the Senator from Mr. HOLT led the Pledge of Alle- KERRY); and Wyoming (Mr. ENZI). giance as follows: the Senator from Illinois (Mr. DUR- The message also announced that I pledge allegiance to the Flag of the BIN). pursuant to the provisions of Executive United States of America, and to the Repub- The message also announced that Order No. 12131, the Chair, on behalf of lic for which it stands, one nation under God, pursuant to the provisions of Public the Vice President and upon the rec- indivisible, with liberty and justice for all. Law 94–304, as amended by Public Law ommendation of the Democratic Lead- f 99–7, the Chair, on behalf of the Vice er, appoints the following Senators as President, announces the appointment members of the President’s Export MESSAGE FROM THE SENATE of the following Senators as members Council: the Senator from Montana A message from the Senate by Mr. of the Commission on Security and Co- (Mr. BAUCUS); and the Senator from Lundregan, one of its clerks, an- operation in Europe— South Dakota (Mr. JOHNSON).

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.

H2057

. H2058 CONGRESSIONAL RECORD — HOUSE April 15, 1999

ANNOUNCEMENT BY THE SPEAKER and honestly. They worked long, hard from New Jersey (Mrs. ROUKEMA), The SPEAKER. The Chair will enter- hours on a story that hit all of us in which will be introduced today, so that tain 10 one-minutes per side. Jonesboro and around the country. we can continue to preserve mortgage Will the gentlewoman from Missouri I stand here today to commend the interest deductions in our taxes. Sun, its staff and its publisher, and (Mrs. EMERSON) kindly assume the f their dedication to northeast Arkansas Chair. and to quality journalism. They are MORE MONEY DOWN THE RUSSIAN f what newspapers should be about. SINKHOLE THE POWER TO TAX IS THE f (Mr. STEARNS asked and was given POWER TO DESTROY PRESERVING STILTSVILLE, A permission to address the House for 1 (Mr. GIBBONS asked and was given COMMUNITY OF HOMES IN THE minute and to revise and extend his re- permission to address the House for 1 PRISTINE WATERS OF BISCAYNE marks.) minute and to revise and extend his re- BAY Mr. STEARNS. Madam Speaker, last marks.) (Ms. ROS-LEHTINEN asked and was year the Russians begged the Inter- Mr. GIBBONS. Madam Speaker, it given permission to address the House national Monetary Fund and our Na- was 180 years ago that Daniel Webster for 1 minute and to revise and extend tion for further assistance. We provided said in the case of McCullough v. Mary- her remarks.) up to $4.8 billion that was supposed to land that the power to tax is the power Ms. ROS-LEHTINEN. Madam Speak- go to economic stabilization, but most to destroy. Well, today this Federal er, Miami maintains its ties to our rich of the $4.8 billion disappeared into the Government has been destroying work- cultural and architectural history secret bank accounts of corrupt Rus- ing families all across America with through the preservation of historical sian officials who control Russia. excess taxation. sites, and one of these is Stiltsville, a Robert Novak writes in this week’s I rise today to support H.J. Res. 37, community of homes located in the newspaper, ‘‘The monetary support for the Tax Limitation Amendment, that pristine waters of Biscayne Bay. the country’s currency allowed mem- will put a leash on this Federal Gov- These seven wood frame homes have bers of the Russian power structure to ernment by requiring a two-thirds ma- provided a source of pride and enjoy- convert personal holdings into dollars. jority vote in both Houses to raise ment for locals and visitors alike, but In that way, a substantial amount of taxes. Stiltsville is facing the possibility of the IMF funds ended up in numbered In 1994, as a private citizen, I led an demolition as early as July of this Swiss bank accounts.’’ effort to amend our own State con- year. Now the Russians are begging for an- stitution with very similar language. I A group of dedicated organizations other $5 billion of U.S. taxpayer-backed am proud to say that Nevada voters in throughout the south Florida area loans and the Clinton administration is two consecutive elections overwhelm- have come together in an effort to save holding out the IMF carrot for Russia’s ingly passed that measure, and it has this historic architectural wonder and help in dealing with Serbia. become a Nevada law. By passing this to allow future generations to be able U.S. taxpayers’ money should never law, the citizens in Nevada declared in to enjoy this unique feature of our be risked in these foreign loan mis- a loud and clear voice that they want area’s history. Our goal is twofold, to adventures that go directly into the to put a leash on the way government obtain a declaration for Stiltsville as a pockets of the most corrupt. spending and burdensome taxes are in- national historic site and to stop its f creased. pending demolition. States whose governments have simi- Stiltsville is unique in its cultural IT IS TIME TO ABOLISH OUR TAX larly imposed a supermajority require- and historical significance for our area CODE AND THROW THE IRS OUT ment for tax increases experience and, were it to be demolished, a struc- WITH IT greater economic growth, lower taxes ture with such rich design could never (Mr. TRAFICANT asked and was and a reduced growth in government be replicated. We need to do what we given permission to address the House spending. The Federal Government can to save this piece of our precious for 1 minute and to revise and extend needs to put this same fat-free diet south Florida history. his remarks.) into existence by making it more dif- f Mr. TRAFICANT. Madam Speaker, ficult to raise taxes on America’s hard- TAX DAY our Tax Code penalizes achievement and rewards dependence. It subsidizes working men and women. (Mr. FARR of California asked and illegitimacy. It kills investment. It f was given permission to address the kills jobs. It destroys our exports and House for 1 minute and to revise and TRIBUTE TO THE JONESBORO SUN sales and subsidizes our imports. extend his remarks.) (Mr. BERRY asked and was given Mr. FARR of California. Madam Beam me up, Madam Speaker. In a permission to address the House for 1 Speaker, today is tax day. Everybody nutshell, our Tax Code sucks. It is time minute and to revise and extend his re- knows how much they pay in taxes, but to abolish it and throw the IRS out marks.) let us not forget that we also have this with it and give serious consideration Mr. BERRY. Madam Speaker, I rise great country which has great public to a national retail sales tax. It is time today to pay tribute to the staff and institutions, a great system of high- to tell the IRS, tax this. the publisher, Mr. John Trout, at the ways, parks and museums. Essentially, I yield back the $850 charge of com- Jonesboro Sun. It has been an out- the public infrastructure that is paid pliance for every man, woman and standing newspaper in the First Con- by these taxes is second to none. child in America for this complex Tax gressional District of Arkansas. We are also a country of private Code we have in place. The Jonesboro Sun was recognized property, and today we think about f yesterday as one of two finalists in the homeownership. Why? Because in our Breaking News Reporting category in taxes we are allowed to deduct home- THE BOMBING IN SERBIA MUST the 83rd annual Pulitzer Prizes in Jour- ownership. We need to do a better job, STOP nalism, Letters, Drama and Music. though, with homeownership in Amer- (Mr. PAUL asked and was given per- The Sun was the only small news- ica. We have 67 percent of Americans mission to address the House for 1 paper selected as a finalist in the 1998 now owning homes, but those in the au- minute and to revise and extend his re- competition. Last March, the Sun dience who are between the ages of 25 marks.) showed us how a quality news team can and 29 have to improve that. There is Mr. PAUL. Madam Speaker, the work together and do a great job by no better way to improve it than to be bombing in Serbia must stop imme- covering the tragic shooting at able to deduct the home mortgage from diately. Serbia has never aggressed Westside Middle School. It was a our taxes. against the United States. Serbia is in- breaking story and the staff at the Sun So I urge my colleagues to support volved in a bloody civil war of which was on the scene to cover it accurately the resolution of the gentlewoman we should have no part, and have not April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2059 declared war, as the Constitution re- spend their money than the govern- HOW MUCH LONGER WILL TAXERS quires. That makes this war both im- ment does. So I am pleased today, with AND SPENDERS BLOCK REPUB- moral and illegal. Senator JOHN ASHCROFT and the gen- LICAN EFFORTS TO IMPROVE Not only has the bombing done no tleman from Tennessee (Mr. WAMP) to THE TAX CODE? good, it has made the situation much introduce the Working Americans (Mr. PITTS asked and was given per- worse and the world more dangerous. Wage Restoration Act. mission to address the House for 1 Serb troops are not dying; American minute and to revise and extend his re- troops are not dying, but innocent ci- b 1015 marks.) vilians are being killed by the hundreds Mr. PITTS. Madam Speaker, last This bill will allow American work- on both sides. night was a depressing, demoralizing, ers to deduct their share of Federal There are just too many uncanny ac- and most of all expensive night for mil- payroll taxes. It is unfair to workers cidents. The refugee problem, which lions of Americans. It was a terrible that these payroll taxes are taxed was minimal before the bombing, is night for productive citizens, because twice in the same income. They are now catastrophic as a result. Congress for the producers, those who work and taxed once as a portion of gross income should not fund this war and if we do, pay the taxes, last night was the day of for Federal income tax purposes, and we have become an accomplice and reckoning that had finally come. for the second time for the payroll tax morally responsible for the killing and Americans were skipping their bowl- contribution to the social security the spread of this conflict that will ing night, cancelling bridge parties, trust fund. surely occur if this bombing is not throwing their movie guides into the stopped. By allowing workers to deduct in trash. Last night was a night instead f their income taxes their share of social to do battle with a harmless sounding security contributions, the Working MAKING EDUCATION A PRIORITY form known as the 1040. Families Wage Restoration Act will Of course, for many of us, the old 1040 (Mr. HOLT asked and was given per- eliminate this double taxation, and is the least of our problems. There is mission to address the House for 1 allow workers to keep more of the the Schedule A, Schedule E, Schedule minute and to revise and extend his re- money they earn. Z451MDUM and all the rest. Deductions marks.) and exemptions and special cases and Mr. HOLT. Madam Speaker, over the f three-pronged tests, depending on past 2 weeks I had the opportunity to whether you are right-handed or left- hold a series of town meetings in my URGING BRITISH AIRWAYS TO RE- handed or like chocolate chip cookies, district in central New Jersey. Every- TAIN FACILITIES IN JACKSON it is just too much, even for the ac- where I went I heard the same message, HEIGHTS, QUEENS, NEW YORK countants, even for the IRS. from parents, from teachers, from stu- (Mr. CROWLEY asked and was given How much longer will the taxers and dents. We need to invest in education. spenders continue to defend the special In Plainsboro, educators talked to permission to address the House for 1 minute and to revise and extend his re- interests, the status quo, and block the me about the importance of having efforts of Republicans to pass a lower, teachers who are well trained in aca- marks.) Mr. CROWLEY. Madam Speaker, I simpler, flatter Tax Code? demic subjects like science and math. f In Clinton, I spoke with parents who rise today in support of the Inter- want their children to be taught in national Association of Machinists and PERSONAL INFORMATION PRIVACY small classes, where they can get per- Aerospace Workers employed by Brit- ACT sonal attention from teachers. In Free- ish Airways in Jackson Heights, (Mr. KLECZKA asked and was given hold, I heard from high school students Queens, New York. These workers are permission to address the House for 1 who are concerned about how to pay being subcontracted out of their jobs minute and to revise and extend his re- for college. without fair contract negotiations with marks.) The budget resolution that was their employer, British Airways. Mr. KLECZKA. Madam Speaker, in- passed by the House yesterday does not Over the next 3 years, British Air- formation on the most personal aspects do enough for these New Jerseyans. It ways intends to close its Queens facili- of our lives continues to be spread will not help hire more teachers. It will ties, thereby eliminating 500 jobs in across the landscape. Once taken for not help districts modernize their Jackson Heights, Queens, alone. Brit- granted, our wall of privacy is steadily schools. It takes money away from ish Airways announced their decision crumbling. higher education. in the midst of a contract negotiation, Today I am reintroducing the Per- Madam Speaker, if we are going to and has demanded the right to unlim- sonal Privacy Information Act. This prepare our children for the future, we ited subcontracting, to send jobs over- legislation attempts to restore some have to do better. We have to make seas. control over the use of our personal in- education our top priority. British Airways states they are clos- formation. The bill prevents credit bu- f ing the Jackson Heights facility as a reaus from giving out social security cost-saving measure. I know their prof- numbers, and prohibits the sale of any WORKING AMERICANS KNOW BET- its have been constantly rising in re- information that includes anyone’s so- TER HOW TO SPEND THEIR cent years. As the largest civilian em- cial security number unless they have MONEY THAN THE GOVERNMENT ployer in the Borough of Queens, in the written consent to do so. DOES city of New York, our economy will be A merchant who requires a social se- (Mr. NETHERCUTT asked and was devastated by the closure of this facil- curity number on a check used for a given permission to address the House ity. Yet British Airways will continue purchase or a cable company who de- for 1 minute and to revise and extend to increase their profits and form a val- mands a social security number on an his remarks.) uable alliance with American Airlines application for service will be prohib- Mr. NETHERCUTT. Madam Speaker, under the Open Skies Agreement. ited from doing so. today most taxpayers throughout I am a strong supporter of our work- Further, this bill prohibits any State America will do their civic duty and ers. On April 8, I attended a rally in Department of Motor Vehicles from file their Federal income taxes. For support of the British Airways employ- selling drivers’ photographs or drivers Washington State residents, the aver- ees at the British Consulate. Madam lists containing social security num- age total tax burden will rise from Speaker, I ask Members, all my distin- bers. Lastly, marketers will not be able $10,307 in 1997 to $10,634, making Wash- guished colleagues in the House of Rep- to sell consumer purchasing experi- ington the State with the tenth high- resentatives, to join me in calling on ences or credit transactions without est per capita tax burden in our coun- British Airways to keep jobs in Queens, prior approval. try. in the United States, rather than Madam Speaker, this legislation is I believe this is too much, that work- outsourcing these jobs to other coun- designed to curtail the rampant inva- ing Americans know better how to tries. sion of our privacy. What we buy and H2060 CONGRESSIONAL RECORD — HOUSE April 15, 1999 where we buy it is no one’s business the House for 1 minute and to revise everything we do today is taxed: every- but our own, and the unauthorized use and extend her remarks.) thing we wear or eat, medical expenses, and abuse of our social security num- Mrs. JOHNSON of Connecticut. our homes, our savings, our income. ber must stop. I urge all my colleagues Madam Speaker, April 15 and lights are When we die, the government will to cosponsor and to support this legis- burned late across America as people again take another bite out of every- lation. have completed the agonizing task of thing we have accomplished in our life- f paying their taxes, and believe it or time. not, at a time when taxes are at an all- I have been working to reduce this MEDICARE time high in America, the President astounding tax burden on the Amer- (Mr. BARTLETT of Maryland asked has proposed to increase taxes $172 bil- ican people, and believe we are working and was given permission to address lion on the American people. Believe it in the right direction with the year the House for 1 minute and to revise or not, at a time when surpluses are 2000 budget that we passed yesterday. and extend his remarks.) projected out as far as the eye can see, It was just inconceivable that the Mr. BARTLETT of Maryland. Madam the President has proposed increasing President requested $172 billion tax in- Speaker, normally when I hear people taxes on the American people $172 bil- creases in his budget proposal this talk about March madness, I assume lion. year. It is no secret that working fami- they are talking about the NCAA col- The Republican majority fought and lies are having a hard enough time lege basketball tournament. However, won a balanced budget in order to dis- these days without having to make do this year I am afraid this expression is cipline spending and to prevent tax in- with less. better applied to Democrat party plans creases. We have now created a level of Some of the Members of this Con- to actually expand an entitlement that economic growth unprecedented, and gress stand against the President’s ef- is already going bankrupt. This is this is the opportunity to now lower forts to raise taxes. I am one of those. clearly an example of political mad- the tax burden on our hardworking In a day when we are running a surplus ness. citizens. and beginning to pay down the massive The fact is, Congress worked to- I oppose the President’s tax in- debt, it is the government in Wash- gether with the President last year to creases, and I support disciplining ington that needs to tighten its belt, take the first step toward reforming a spending in order to reduce the tax not the American taxpayer. program that was within 4 years, just 4 burden on our folks. years, Madam Speaker, of going bank- f f rupt. The reforms we passed together on a EDUCATION AND THE FUTURE OF AMERICA’S CHILDREN CELEBRATING THE ACHIEVE- bipartisan basis, although essential, MENTS OF THE MORTGAGE IN- (Ms. VELA´ ZQUEZ asked and was merely postponed Medicare bankruptcy TEREST DEDUCTION until the year 2010. It is around 2010 given permission to address the House that baby boomer bankruptcy is going for 1 minute and to revise and extend (Mr. NEAL of Massachusetts asked to hit big time. If this madness per- her remarks.) and was given permission to address sists, we can kiss talk of budget sur- Ms. VELA´ ZQUEZ. Madam Speaker, the House for 1 minute and to revise pluses good-bye, we can forget about we cannot prepare our children for the and extend his remarks.) proposing any new government pro- future with an educational system Mr. NEAL of Massachusetts. Madam grams, and worst of all, we can forget from the past. We cannot lift our stu- Speaker, today I join with the gentle- about giving the middle class some dents up by sending them to schools woman from New Jersey (Mrs. MARGE long overdue tax relief. It is now April. that are falling down. These are simple ROUKEMA) and the gentleman from This March madness talk of expanding facts which must be addressed, and Pennsylvania (Mr. PHIL ENGLISH), co- Medicare must end. they must be addressed now. chair of the Real Estate Caucus, in f Communities like the ones I rep- celebrating the achievements of the resent in Brooklyn and the Lower East mortgage interest deduction in Amer- GOOD TAX POLICY: THE HOME Side of New York are in need of re- ica. MORTGAGE INTEREST DEDUCTION sources to build and improve schools. Today the gentlewoman from New (Mr. TANNER asked and was given In fact, the Sunset Park Community of Jersey (Mrs. ROUKEMA) is introducing permission to address the House for 1 Brooklyn does not have even a high her resolution opposing any further re- minute and to revise and extend his re- school. strictions on mortgage interest deduc- marks.) The result of the problem can be seen tions. Despite the fact that there is no Mr. TANNER. Madam Speaker, there in dropout rates among minorities current proposal on the table to cut will be a lot of rhetoric today, since it which is 13 percent among blacks and back the homeowners deduction, this is is tax day, about the Tax Code, and 29 percent among Hispanics. Unfortu- an important effort that serves as a de- surely we can do better. It ought to be nately, Republicans want to ignore vice for all of us to pause and remem- simplified. these realities. They want to spend the ber how important this tax incentive is But there is one facet of it that I budget surplus on expensive tax cuts, for the country. think is good public policy. That is the instead of helping our children prepare Currently 67 percent of the house- home mortgage interest deduction. It for the future. They do not want to join holds in America live in homes that are is simple, straightforward, far-reach- Democrats in fixing schools, providing owner-occupied. Even more amazing is ing, and over 24 million Americans ben- technology, and hiring more teachers. the fact that 67 percent of foreign-born efit from the home mortgage interest They want to leave the future of Amer- naturalized citizens who have been in deduction. I believe that whatever hap- ica’s children to chance. this country for at least 6 years also pens with the Tax Code, we ought to f now own their own homes. The great- continue that as a matter of public pol- est growth in home ownership today is A STAND AGAINST THE PRESI- icy, because all of the things that we among minorities and first-time home- DENT’S EFFORTS TO RAISE all know as American citizens that we buyers. TAXES derive from home ownership are a good Madam Speaker, I believe home own- goal for this government. So I would (Mrs. KELLY asked and was given ership remains invaluable in our soci- urge that we continue to support the permission to address the House for 1 ety, both in terms of our economy, but home mortgage interest deduction. minute and to revise and extend her re- also in terms of how we think and or- f marks.) ganize ourselves as a society. I want to Mrs. KELLY. Madam Speaker, I rise lend my support to the efforts of the THE PRESIDENT PROPOSES HUGE today to address the issues that all gentlewoman from New Jersey (Mrs. TAX INCREASES working families have on their minds, ROUKEMA) today, and urge other Mem- (Mrs. JOHNSON of Connecticut asked taxes. Americans pay too much of their bers of the Congress to sign onto this and was given permission to address hard-earned money in taxes. Almost legislation. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2061 TAX DAY b 1030 Committee on Rules, I call up House Resolution 139 and ask for its imme- (Mr. SCHAFFER asked and was given REPUBLICANS HEAR AMERICA’S VOICES ON TAXES diate consideration. permission to address the House for 1 The Clerk read the resolution, as fol- minute and to revise and extend his re- (Mr. ARMEY asked and was given lows: marks.) permission to address the House for 1 H. RES. 139 Mr. SCHAFFER. Madam Speaker, minute and to revise and extend his re- Resolved, That upon adoption of this reso- today is April 15, tax day in America. marks.) lution it shall be in order to consider in the Of course, April 15 is not a day liberals Mr. ARMEY. Madam Speaker, today House the joint resolution (H.J. Res. 37) pro- find too offensive. April 15 is a high is April 15. Millions of Americans will posing an amendment to the Constitution of holy day for all the social engineers, finish their day today at around mid- the United States with respect to tax limita- the central planners, and the big gov- night, parked in front of a post office tions. The joint resolution shall be consid- someplace, trying to make the final in- ered as read for amendment. The previous ernment liberals who worship at the question shall be considered as ordered on altar of bureaucracy. stallment on the over $200 billion they will spend this year just complying the joint resolution and any amendment The fact is, Madam Speaker, for the thereto to final passage without intervening with the Tax Code. motion except: (1) three hours of debate tax takers, April 15 is a day of celebra- Yes, we have this annual 31⁄2 months tion, a time to muse on the possibili- equally divided and controlled by the chair- of torment that results in $200 billion man and ranking minority member of the ties of other peoples’ money. It is worth of our money to comply with a Committee on the Judiciary; (2) one motion happy land day for the Democrats. But Tax Code that extracts from us more to amend, if offered by the Minority Leader for the taxpayers, April 15 is a day of money than what we spend on food, or his designee, which shall be considered as reckoning, a day to see in black and shelter, clothing and transportation read and shall be separately debatable for white just what they get for their tax combined. one hour equally divided and controlled by dollars. That means we will, by midnight to- the proponent and an opponent; and (3) one motion to recommit with or without instruc- Taxpayers and tax takers, few issues night, have completed spending the 5.4 tions. so define the two political parties, and billion man-hours this year on com- Mr. HASTINGS of Washington. signal the root of virtually all political plying with the Tax Code, which is Madam Speaker, for the purposes of de- issues in Congress. With each passing more time than this Nation will spend bate only, I yield the customary 30 year the Democrat party becomes more in the production of every car, truck minutes to the gentleman from Massa- liberal. The number of tax takers ex- and van produced in the United States. chusetts (Mr. MOAKLEY), the distin- pands and the proportion of taxpayers No wonder the American people will guished ranking member from the drops. go to bed tonight and say, ‘‘Give us some relief. We certainly appreciate Committee on Rules, pending which I Republicans would like to change what you did in 1997 when we got an in- yield myself such time as I may con- this trend. Middle class taxpayers de- creased tax break for each of our chil- sume. During consideration of this res- serve some relief. If today is a day dren that shows up in this year’s Tax olution, all time yielded is for the pur- Americans celebrate, the Democrat Code’’. But they will turn their eyes to pose of debate only. party is for them. If today is a day they Washington and say, ‘‘Give us more re- (Mr. HASTINGS of Washington asked resent, the Republicans are on their lief. The tax burden is too much.’’ and was given permission to revise and side. We Republicans will do that again extend his remarks.) this year. They will appreciate that as Mr. HASTINGS of Washington. f we get that bill done, cutting taxes Madam Speaker, H. Res. 139 is a struc- perhaps just a little more, hoping the tured rule providing for consideration HOUSE AND SENATE SHOULD President will sign it. of House Joint Resolution 37, proposing QUICKLY PASS FULL FUNDING But even so, if we do that, the Amer- an amendment to the Constitution of FOR DEPARTMENTS OF COM- ican people will say again next year, the United States with respect to tax MERCE, JUSTICE, AND STATE ‘‘Give us more relief. Give us a Tax limitation. The joint resolution shall Code that is fair, flat, simple and easily be considered as read for amendment. (Mrs. MALONEY of New York asked complied with so that I can spend my This rule provides for 3 hours of de- and was given permission to address Saturdays in March and April playing bate in the House equally divided and the House for 1 minute and to revise with the children rather than fighting controlled by the chairman and rank- and extend her remarks.) with the tax man.’’ ing member of the Committee on the Mrs. MALONEY of New York. Madam That day will come, Mr. and Mrs. Judiciary. Speaker, after the regrettably partisan America. Hang on. We hear your The rule further provides for one mo- fight that we witnessed here yesterday voices. We hope they are heard at the tion to amend if offered by the minor- over the Census, I was tremendously White House as well. ity leader or his designee, which shall be considered as read, and shall be sep- pleased to read in the Washington Post f this morning a statement by the chair- arately debatable for 1 hour equally di- man of the Subcommittee on the Cen- REMOVAL OF NAME OF MEMBER vided and controlled by a proponent sus of the Committee on Government AS COSPONSOR OF HOUSE RESO- and an opponent. Finally, the rule pro- Reform and Oversight, the gentleman LUTION 124 AND H.R. 469 vides for one motion to recommit with from Florida (Mr. DAN MILLER), where Mr. HASTINGS of Washington. or without instructions. he stated that the Republican majority Madam Speaker, I ask unanimous con- Madam Speaker, there is no more ap- was not continuing with their plans to sent to remove my name as a cosponsor propriate day than April 15 for the shut down the government. of H. Res. 124 and H.R. 469. My name House to take up this proposed con- stitutional amendment. When it comes Hopefully the House and Senate will was apparently added in error in place of the gentleman from Florida (Mr. to taxes, this is the day of reckoning move quickly to remove the uncer- for tens of millions of America’s fami- tainty of all government agencies that HASTINGS). The SPEAKER pro tempore (Mrs. lies. Indeed, at this very moment, were funded only to June 15 because of EMERSON). Is there objection to the re- while we conduct this debate here in the Census dispute. Commerce, Justice, quest of the gentleman from Wash- the Capitol, millions of our constitu- State were funded not for a full year, ington? ents are racing frantically against the but only to June 15. There was no objection. clock to complete their taxes, strug- The leadership in both the House and f gling to make sense of an extraor- Senate should move quickly to reas- dinary complex Tax Code that has been sure the American public that the serv- TAX LIMITATION CONSTITUTIONAL amended more than 4,000 times just ices provided by these agencies will AMENDMENT since the 1980s. continue for a full year by passing a Mr. HASTINGS of Washington. H.J. Res. 37, introduced by the gen- full funding resolution. Madam Speaker, by direction of the tleman from Texas (Mr. BARTON), H2062 CONGRESSIONAL RECORD — HOUSE April 15, 1999 starts from this very basic premise: It Madam Speaker, amending the Con- lating. Madam Speaker, the American should be harder, not easier, for gov- stitution of the United States is a very people really deserve more than that. ernment to forcibly take from its citi- serious matter. The constitutional This amendment will nearly destroy zens ever larger shares of the fruits of framers thought constitutional amend- our ability to shore up Medicare and their labor. Why? Because today the ments should not be entered into light- Social Security, which are headed for average American pays more in taxes ly. They believe that the Constitution trouble in the very near future. It will than it does for food, clothing, shelter should not meet their own political lock in corporate welfare and tax or transportation combined. For too agenda, but endure and meet the needs breaks for the very rich at the expense long, the tax burden imposed by gov- of the United States of America for of the middle- and lower-income peo- ernment has been going up, not down. centuries to come. ple. When I was younger, in the 1950s, a But my Republican colleagues do not So, Madam Speaker, this so-called typical family with children sent $1 out seem to share the same sentiment. To- amendment is a gimmick and a bad one of every $50 it earned to the Federal day’s resolution uses the Constitution at that. But do not take just my word; Government in taxes. Today that fig- as a political prop. It puts more impor- look at the Washington Post this ure is $1 out of every $4. Unless things tance on evening news than on gov- morning on the editorial page, head- change, it will soon be $1 out of every erning this country. That, Madam lined ‘‘A Bad Tax Idea in Congress.’’ $3. Speaker, is a shame. Just to read the first paragraph: In fact, Madam Speaker, when I visit For the fourth time in a row, my Re- ‘‘The House is scheduled to vote today high schools in my district in central publican colleagues are bringing to this on the constitutional amendment to Washington and speak to the senior Chamber a sham amendment to the require two-thirds votes for tax in- class, nothing seems to get the stu- Constitution. This year they did not creases. The amendment is expected dents’ attention like reminding them even bother to have this bill heard in once again to fail, as it should. This is that as soon as they start working full the Committee on the Judiciary. Would a show vote at tax time in which the time in 1 to 5 years, depending on my colleagues believe that? Changing sponsors invoke the Constitution as a where they go to college, government the Constitution on the floor of the stage prop to demonstrate their dislike at all levels will take nearly 40 cents House, without even bringing it to the for taxes.’’ out of every dollar they earn. Committee on the Judiciary for their Madam Speaker, I urge my colleague Every single one of them, the best initial approval. Instead, they are to oppose the rule on this sham mo- students and the worst, gets the mes- bringing it right here to the floor of tion. sage. Even those that are not going to the House to coincide with tax day and Madam Speaker, I reserve the go on to higher education or to some make a political point and be done balance of my time. other college are smart enough to un- with it. Mr. HASTINGS of Washington. derstand the frustration of working for Madam Speaker, they do not seem to Madam Speaker, I yield 6 minutes to 60 cents on the dollar. They are also be serious about passing this amend- the gentleman from Florida (Mr. SCAR- smart enough to know that without ment because they did not even con- BOROUGH). some sort of meaningful restraint on sider the very good suggestions by the Mr. SCARBOROUGH. Madam Speak- Congress, taxes will only keep going up gentleman from North Carolina (Mr. er, with due respect to the gentleman on them as they have on their parents WATT) on ways to make this amend- from Massachussetts (Mr. MOAKLEY), and their grandparents. the very distinguished ranking member The proposal of the gentleman from ment actually work. Madam Speaker, this is starting to on the Committee on Rules, whom I Texas (Mr. BARTON), the constitutional look much more like a bad rerun than have a great deal of respect for, I have amendment, would not make it impos- to disagree with several things that he sible to raise taxes. It would simply re- legislating. History shows my Repub- said. quire that those proposing a net tax in- lican colleagues are not even close to First of all, we heard that this is crease, a net tax increase, make a abiding by the rule they are proposing nothing but an idea that would help strong enough case to win the support adding to our Constitution. My colleagues may recall at the be- Republicans gain political benefit. I of two-thirds of the House and two- have got to say this is not about Re- thirds of the Senate. Nor would this ginning of the 104th Congress, they publicans. It is not to benefit Repub- proposal impede the passage of meas- changed the House rules to require a licans. It is not a political prop. This is ures designed to raise some taxes while two-thirds majority for tax increases. lowering others, as long as the com- Then they proceeded to waive that re- something that benefits all of the bined effect of those changes do not re- quirement every time it came up. Last Americans that are across the country sult in an overall tax burden on the Congress, they narrowed the rule to right now scrambling to get their taxes American people. apply only to a very narrow definition done by the end of the deadline today. Madam Speaker, the polls may be of tax increases in order to make sure Of course, he did not mention that somewhat ambiguous on whether the they did not have to follow it. this was about taxes, the ability to public supports tax cuts, but there is Madam Speaker, the amendment my stop big government liberals from rais- absolutely no confusion about where colleagues are proposing today will re- ing taxes. Instead, he called it revenue- they stand on this proposal. An over- quire a supermajority to pass revenue- raising. Let us call it what it is. We are whelming majority of Americans are raising legislation. But the problem talking about increasing taxes. opposed to tax increases, and they with the supermajority, Madam Speak- As far as this being an idea that clearly support the supermajority re- er, it effectively turns control over to a should not be brought up again because quirement of the gentleman from small minority who can stop legisla- it has failed three times before and this Texas (Mr. BARTON). I hope this Con- tion, even legislation that the majority is just rerun legislation, let me say to gress will, too. supports. In other words, one-third plus the distinguished gentleman that Therefore, I strongly encourage my one on either of the House or Senate sometimes it takes the President and colleagues to support both this rule side could effectively hold up the en- some of our friends on the left three or and the proposed constitutional tire country. four times to get it right. amendments that we will be debating This has been a bad idea for a long, Remember, the President vetoed wel- shortly. long time. James Madison in the first fare reform three times. I am glad we Madam Speaker, I reserve the Federalist Papers said that, under a kept bringing it up, because we had an balance of my time. supermajority, the fundamental prin- idea that was right. We finally passed Mr. MOAKLEY. Madam Speaker, I ciple of free government would be re- it over those three vetoes, and the wel- yield myself such time as I may con- versed, there would be, no longer, the fare rolls have dipped to historic lows. sume. majority that would rule. The power Another example is balancing the Madam Speaker, I thank the gen- would be transferred to the minority. budget. I remember the President op- tleman from Washington (Mr. Since this amendment requires 290 posing it at least five or six times in HASTINGS), my dear friend, for yielding votes to pass, today’s bill looks a lot speeches, balancing the budget back in me the customary half-hour. more like show-boating than legis- 1995. In fact, the President said April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2063 balancing the budget would destroy the is that not grand of our Commander-in- WATT), also had an amendment that economy in 7 years. Those were his Chief, to say that maybe 15 years from suggested that courts should not be words. Of course, 4 years later, we find now hard-working middle class Ameri- able to intervene. They should only out that it was a darn good thing we cans may deserve a tax cut. make a declaratory judgment as to kept fighting for it, because the econ- We do not need it in 15 years, we need whether we are in compliance or not, omy is stronger today than ever before. tax relief now. And we do not need to otherwise we will find that the courts I think it is the same thing with this protect the American people from an are deciding whether the tax laws are plan to make it harder for the Presi- onslaught of another decade of unprec- valid or whether or not we were in dent and to make it harder for people edented tax increases, we need to pro- compliance with the law. on the left to raise taxes on working tect them today. And this is an amend- This amendment was not allowed Americans. ment whose time has come. under the rule. The Committee on Now at the end of this decade I be- I do not care if liberals and big gov- Rules did not want to consider im- lieve is a perfect time to pass this very ernment types have opposed this tax- provements to the proposal. So in its important amendment because it has payer protection in the past, just like I present form, the courts will decide been in this decade that this Congress do not care that they opposed welfare whether or not we require a two-thirds and the Presidents at the other end of reform three times before finally pass- vote. This rule allows no amendments, Pennsylvania Avenue in the 1990s have ing it; like I do not care that they op- it limits debate, it provides for the con- raised taxes on Americans more than posed the balanced budget five times sideration of a constitutional amend- in any decade in this country’s history. before passing it. Now is the time to ment for which we held no hearings, b 1045 pass this to protect hard-working mid- and it will mire us in a morass of con- dle class Americans. The American fusion and litigation over the meanings As we go into the 21st century, I can- taxpayer just cannot stand another 10 of its terms. not think of any device that would as- years of tax increases like they have Amending the Constitution is serious sure Americans that are filing taxes had to in the past 10 years. business. It should not be conducted today, and future Americans like my Mr. MOAKLEY. Madam Speaker, I haphazardly and it should not be part boys and like other people’s children yield 4 minutes to the gentleman from of an April 15 charade. I, therefore, and grandchildren, I cannot think of Virginia (Mr. SCOTT). urge my colleagues to vote ‘‘no’’ on the another device taking us into the 21st Mr. SCOTT. Madam Speaker, I thank rule and ‘‘no’’ on H. J. Res. 37. century that will guarantee that this the gentleman for yielding me this Mr. HASTINGS of Washington. Congress will think long and hard be- time, and I rise in opposition to the fore raising taxes on hard-working Madam Speaker, I yield 3 minutes to rule and the constitutional amendment the gentleman from New York (Mr. middle class Americans. it brings to the floor. FOSSELLA). Now, I have to talk about a couple Madam Speaker, as the gentleman (Mr. FOSSELLA asked and was given more things the gentleman brought up. from Massachusetts pointed out, we permission to revise and extend his re- He said that this legislation, this have had no hearings on the current marks.) amendment, actually would hurt Medi- bill. If we had had hearings, the first care, it would hurt Social Security, thing that would have been exposed is Mr. FOSSELLA. Madam Speaker, I and it would lock in tax breaks for the the fact that we can continue raising thank the gentleman for yielding me rich. spending with a simple majority vote, this time, and I rise in support of the Well, I have heard that one before. I but to pay for that additional spending resolution. do not know of anything in this amend- would require two-thirds in both the I think the underlying issue right ment that would guarantee help for tax House and the Senate. now is worthy of a debate, and as the cuts for the rich. Also, the suggestion It also points out we could pass a cor- gentleman from Florida (Mr. SCAR- that somehow stopping Congress from porate loophole with a simple major- BOROUGH) and the gentleman from raising taxes again and again and again ity, but to close the corporate loophole Washington (Mr. HASTINGS) have indi- and again would destroy Social Secu- would take a two-thirds vote in the cated, is there not a better day than rity and Medicare is a nonstarter, un- House and the Senate. tax day? I know right now there are less we are here to say today that the In fact, if we find ourselves in a budg- people across this country, including only way we save Medicare and Social et crunch where we needed to cut or my hometown of Brooklyn and Staten Security is by raising taxes on hard- find additional revenues, it would take Island, who are writing a check to the working middle class Americans. a two-thirds vote to close a corporate Federal Government. They are working Now, as far as the President goes, loophole but only a simple majority to hard all year for the painful experience though, and why the President, the ad- cut Social Security or Medicare. of writing a check. ministration, and conservative news- We did have hearings on this proposal While there are those of us who are papers like The Washington Post, and, last year and we heard from many wit- advocating tax relief for the American boy, I am shocked that the Washington nesses, Democratic and Republican, people, this does not even talk about Post editorial page is against some- who found troubles with many provi- that. We are talking about when a bill thing that actually makes government sions. In fact, former Office of Manage- comes before the House of Representa- smaller, but the reason the President ment and Budget director Jim Miller, tives that would raise taxes, that we may not like this is because, let us face who supported the amendment, said need more than a simple majority to do it, the President’s recent statements that some of the provisions were in so. If a bill comes before the House on tax increases show that he is not a fact, and I quote, silly. now, we need about 218 Members to fan of the hard-working Americans For example, there is a provision pass the legislation. This would raise that are paying taxes. This is what Bill that says it does not apply to provi- that amount to 290. Clinton said on January 20, 1999, while sions that raise revenues by a de mini- Therefore, if we still have 150 Mem- he was up in Buffalo. He said, ‘‘We mis amount. What is de minimis? Well, bers of Congress who believe that a tax could give you the budget surplus back one provision said if it is one-tenth of increase is necessary, the legislation to you in tax cuts and hope you spend 1 percent of the total revenues, that will pass. It is very simple. It is not it right.’’ But we cannot because, in would be de minimis. But in a trillion complicated. And it allows those who the end, the Federal Government dollar budget, one-tenth of 1 percent is believe that the American people are knows how to spend the American peo- a billion dollars. We have heard jokes not overtaxed or believe that they de- ple’s money better than they know, ac- about a billion here and a billion there, serve a tax increase or they believe cording to the President. but we do not want courts to decide that economic growth is best left here He also said, and this was when the whether or not that is de minimis and in Washington and not back home President decided to get feisty, he said whether two-thirds is required. across America, with the freedom and on February 17, 1999, ‘‘Fifteen years The ranking member of the Sub- the liberty and the opportunity for from now, if Congress wants to give committee on the Constitution, the Americans to spend their hard-earned more tax relief, let them do it.’’ Well, gentleman from North Carolina (Mr. money as they see fit, if there are still H2064 CONGRESSIONAL RECORD — HOUSE April 15, 1999 150 Members who believe that a tax in- ing to impress the respective taxing or- Amendment. As you all know, this amendment crease is necessary, they can do so ganizations or anti-taxing organiza- seeks to require a two-thirds majority vote in under this legislation. tions the opportunity to say, ‘‘Look at each House to increase tax revenues by more I know there are those who want to us, we are voting against taxes on than a ``de minimis'' amount, except in times make it very, very complicated and April 15.’’ of war or military conflict which pose a threat talk about esoteric things, but to me, I Well, Madam Speaker, I would ven- to national security. enjoy going back home and asking the ture to say that the American people I first object to this measure because it is average family who are working so have a broader view of what America is completely ambiguous. If we are proposing to hard, some 6 or 7 days a week, both all about. They think it is about good amend the longest standing document of civil husband and wife working, sometimes education. They think it is about sav- liberty and freedom in the Western world, one spouse working just to pay the ing Social Security and Medicare. They surely, we should be absolutely clear about taxes, and asking them if they want think it is about rebuilding the crum- what our intentions are. Already, we see that $1,000 back or $1,500 back of their hard- bling schools, or the universal savings the courts struggle with interpretations of Con- earned money so they can invest in account announced yesterday that al- stitution, and we cannot afford to have a Court education or buy a new car, put it in lows Americans to save money that wrongfully interpret this bill, especially if it is in the house, and see what their response will result in additional funds in retire- a manner which will hamstring the Congress is. The response I get when I ask that ment. They think it is about sup- in its plain course of business. question is an overwhelming ‘‘yes’’. porting the men and women who are Leaving the determination to Congress as to But that is tax relief. This legislation sent off to wars, and particularly the how we will define a ``de minimis'' increase is deals with tax increases. If there are terrible conflict in Kosovo. They do not ultimately as arbitrary and meaningless as not those who are committed to raising want us trampling on the Constitution having a standard at all. The fact of the matter taxes on the American people, they by requiring two-thirds so that one- is that this language will inevitably encourage have the opportunity with this legisla- third of individuals, filled with feeling years of exhaustive litigation about when this tion to vote ‘‘yes’’. and passion, can stop the wheels of constitutional amendment should be invoked. I would urge a ‘‘yes’’ vote on this res- government. Do the authors of this bill intend that poten- olution and a strong ‘‘yes’’ for the The economy is going well. Our tial tax increases be evaluated by changes in American people, the hard-working American citizens are reasonable peo- percentages or by numerical amount? When taxpayers of this country who have ple. Tax relief is one thing, but this un- do changes begin to exceed the ``de minimis'' been the engine of economic growth for bridled feeling about limiting the op- standard included in this bill, is it over an an- years. This will put a limitation on the portunity to engage in the responsibil- nual period, a two-year period or a five-year way Congress spends their hard-earned ities that we have in the United States period? Do fiscal changes that need to be money. Congress as representatives of the peo- done in order to properly administrate our So- Mr. MOAKLEY. Madam Speaker, I ple is another. If we do not like taxes, cial Security and Medicare programs trigger yield 5 minutes to the gentlewoman we should vote against them, but we this amendment? The plain answer is that no- from Texas (Ms. JACKSON-LEE). should not bridle the wheels of govern- body knowsÐnot a comforting thought as we (Ms. JACKSON-LEE of Texas asked ment by requiring a tyrannical minor- move forward on our legislative calendar. and was given permission to revise and ity to hold up the wheels of govern- Furthermore, the one exception in the bill in extend her remarks.) ment. regards to the special circumstances that may Ms. JACKSON-LEE of Texas. Madam I would simply add, Madam Speaker, arise during an armed military conflict are writ- Speaker, I thank the gentleman from that my concern as we go through this ten too narrowly to be effective. Even in this Massachusetts for yielding me this process is that we have not given this drastic case, the tax limitation is only waived time. resolution the process that it should for a maximum of two years. Let me, as a member of the Com- have had. It did not go through the mittee on the Judiciary, raise an ini- Committee on the Judiciary, yet we But most importantly, this constitutional tial concern that if we are to be guided are here on the floor. I would ask my amendment is contrary to the very spirit and by the will of the people, then we have colleagues to consider what they are purpose of the Constitution. This Nation was certainly been misguided in this reso- doing. founded upon principles of majority rule, so lution. The Constitution is a sacred docu- why should we now sacrifice these sacred I rise in opposition to H.J. Res. 37, ment. The amending of the Constitu- principles to encapsulate the level of the Fed- both the rule and the underlying bill, tion or provisions to amend it should eral Government's tax revenues? The whole and ask the question, if this is of such be a sacred process. That is what we purpose of the Connecticut and New Jersey importance, why did it not go through have been entrusted with by the people Compromises that helped to form this great the process for active and deliberative of the United States of America. I Congress over two centuries ago, was to allow debate; going through the House Com- would be concerned that we do great the American people the opportunity to ex- mittee on the Judiciary for a deter- damage to it today. press their will through both locally and broad- mination as to its constitutional I would ask my colleagues who think ly elected representation that had their par- framework? tax relief is good, to put a good tax re- ticular interests at hand. We have noted that, through the Con- lief bill on the table. But if we pass this But how can this process continue to take stitution, we are a government ruled legislation, we will not be able to alter place when 146 members of this body could by the majority. Even in this body, as the Tax Code. We will be stifled by that vote to defeat any new tax measure that is not I stand as part of the minority party, because it may result in a de minimis, a so-called ``de minimis'' change in current tax we recognize that decisions have been or above a de minimis increase in policy? Clearly, any initiative that would seek made by a simple majority vote. That taxes, and therefore we will tell the to give such an enormous amount of power to majority vote may be comprised of American people, ‘‘The heck with you, such a small minority is both imprudent and Democrats and Republicans but it is a we can’t give you Tax Code relief.’’ inappropriate. Surely in a body such as this, simple majority. This is a bad bill, a bad rule, and I where we have few seats between us, we I raise for consideration, Madam ask my colleagues to vote this down. must respect the minority party, and their poli- Speaker, the words of Judge Felix We should encourage all citizens to do ciesÐbut should we allow a minority of as di- Frankfurter: ‘‘Fragile as reason is and what is right on tax day: file their minutive a size as one-third to hold up the limited as law is as the institutional- taxes, get their returns in, get their re- train of progress? I believe the answer is no. ized medium of reason, that’s all we funds back, and realize that this gov- I believe that this bill is a poorly written ex- have standing between us and the tyr- ernment is working on behalf of the pression of a poorly conceived legislative ini- anny of mere will and the cruelty of American people and working through tiative, and I urge all of my colleagues to vote unbridled, undisciplined feeling.’’ its representatives in a fair and just it down, just like we have done over the last Albeit I attribute to my colleagues way. three years. good intent, I believe that this legisla- Ms. JACKSON-LEE of Texas. Madam Mr. HASTINGS of Washington. tion on April 15 is a feel-good piece of Speaker, I rise to day in opposition to H.J. Madam Speaker, how much time is re- legislation. It gives those who are try- Res. 37, the Republican Tax Limitation maining on each side? April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2065 The SPEAKER pro tempore (Mrs. serfs, who were identified as indentured Mr. MOAKLEY. Madam Speaker, I EMERSON). The gentleman from Wash- servants, paid only 30 percent of their yield myself such time as I may con- ington (Mr. HASTINGS) has 17 minutes income to the lord. sume. remaining, and the gentleman from It seems to me this trend of ever-big- Madam Speaker, if my friend from Massachusetts (Mr. MOAKLEY) has 181⁄2 ger government is something we abso- Arizona believes this is not a show boat minutes remaining. lutely must stop. This is not a debate or it is not a stage prop, I wish he Mr. HASTINGS of Washington. about cutting taxes. This is, however, a would get out to the Washington Post Madam Speaker, I yield 5 minutes to debate about making it somewhat and tell the editorial writer. the gentleman from Arizona (Mr. SHAD- harder to raise taxes yet one more Mr. SHADEGG. Madam Speaker, will EGG). time. the gentleman yield? (Mr. SHADEGG asked and was given For the past 40 years, Madam Speak- Mr. MOAKLEY. I yield to the gen- permission to revise and extend his re- er, the size and scope of the Federal tleman from Arizona. marks.) Government and its tax burden has Mr. SHADEGG. Madam Speaker, I grown. Year in and year out, in good listened to my colleague read the b 1100 economies and bad economies, it be- Washington Post editorial this morn- Mr. SHADEGG. Madam Speaker, I comes bigger and bigger and bigger, ing, and I understand that the Wash- thank the gentleman for yielding me and it consumes an ever-increasing ington Post thinks that this is a show this time. share of a family’s income. Indeed, in boat. That is their opinion. They also Madam Speaker, I want to begin by 1980, just a short 19 years ago, the aver- say it is the view of the minority. The thanking the cosponsor of this legisla- age Federal tax burden was about polling data that I have shows it is the tion, the gentleman from Texas (Mr. $2,300. By 1995, it had more than dou- view of 68 percent of Democrats in BARTON). He has been a tireless cham- bled to almost $5,000. America and 75 percent of Republicans. pion for this cause. Now, the original intent of the Mr. MOAKLEY. Madam Speaker, re- But as this body knows, this is a bi- Founders was to place certain checks claiming my time, we have not seen partisan measure, and I also want to and balances under the Constitution. their statement yet. thank the gentleman from Texas (Mr. Sadly, Madam Speaker, those original Madam Speaker, I yield 3 minutes to HALL) and the gentleman from Virginia checks and balances on the Federal the gentleman from Oregon (Mr. (Mr. GOODE) from the other side for Government, many of them have been DEFAZIO.) their support of this effort. eroded over time. The 10th Amendment Mr. DEFAZIO. Madam Speaker, I Just a moment ago I heard one of my has been tremendously weakened. The thank the gentleman for yielding me colleagues on the other side call this a commerce clause of the Constitution this time. ‘‘show boat’’ measure. And just after has been read by the courts to be much Let us just really go to the point that, I heard another one of my col- more broad. here. This is special interest legisla- leagues say, well, this is really not Indeed, this is a debate about placing tion. It has a name. It is the ‘‘foreign about doing the majority will of the some restriction on the power of the corporate freeloader special interest American people. Federal Government, not to do what it tax loophole big contributor protection I want to begin this debate by point- is doing now, not to perform the impor- act.’’ It is simply cloaked in helping ing out that 68 percent of all Ameri- tant functions it is engaged in today, average American families. But what cans approve of adopting this kind of not to continue the programs we have they want to do is lock in place an in- amendment. And as my colleagues identified. It is a debate about whether credibly unfair and complex tax system might expect, that support is stronger or not we ought to make it slightly which favors the privileged and the amongst Republicans than amongst more difficult, not impossible, to raise wealthy. Democrats. Indeed, 75 percent of Re- taxes, to increase the burden on the A few examples: The Government Ac- publicans polled across America favor American people, yet one more time. counting Office says, over the last 6- a constitutional amendment making it And I suggest that the debate is simple year period they have numbers for 70 necessary to have a two-thirds major- and straightforward. percent of the large foreign corpora- ity before we can raise taxes yet one For those who believe there should be tions operating in the United States more time. a broad consensus in this country for that avoided all U.S. taxes despite But, very significantly, I want my yet another tax increase, for an in- their profits. They want to lock that colleagues on the other side of the aisle crease in the burden of the Federal system in place. They want to lock to hear this figure. And it is that 63 Government on the American people, that system in place. percent of all Democrats in America, in this is a simple vote, vote ‘‘yes.’’ For The Intel Corporation got a ruling a recent poll on this issue, favored this those who oppose this and think it that a large part of their income amendment. This is not show-boating. should be easier to raise our taxes, vote should be treated as income in Japan This is substance, and it is doing what ‘‘no.’’ I think the people will judge for tax purposes. Unfortunately, the the American people want. what we do. United States of America has a treaty Today, this year, tax day, the Fed- For our friends who say this calls for with Japan which says it has to be eral Government will take over 20 per- the tyranny of the minority, I would treated as American income. So guess cent of this country’s gross domestic point out to them that this country what? The Intel Corporation paid no product. Of everything we produce, the and our Constitution long ago estab- tax. They did not pay tax on that in- Federal Government will consume over lished the principle that we protect mi- come. 20 percent of it. That is the largest pro- norities and minority rights time and Now, would not average Americans portion of our production consumed by time again in our Constitution and in like to have that kind of a break, that the Federal Government since World our system of government and we kind of a loophole? They want to lock War II. And when combined with the should protect minority rights. that unfair system in place. highest, higher than ever, State and We, as a Nation, do not accept, in- And most recently it has come to local taxes, it means the American deed we reject, the notion of tyranny light that the cruise ship industry op- people are paying taxes at the highest by the majority. And this measure sim- erating in America, 95 percent of their rate ever in the history of this country. ply says we can have tax tyranny by passengers are American, is paying no Indeed, it is now, I hope, well-known the majority if we allow taxes to go up income tax in this country because across America that, sadly, the average and up and up. And it does not repeal they are registered in countries like American pays more for taxes, spends tax. It does not decrease taxes. It sim- Liberia, where theoretically they more today on their tax bill, than they ply says we should not make it easier, would pay taxes if there was a govern- will in the entire year for food for their indeed we should make it marginally ment and if they levied taxes, but there family, clothing for their family, shel- harder, to raise the tax burden on the is not and they do not. ter for their family, and transpor- American people yet one more time. The Republicans want to lock that tation. Indeed, I think it is kind of in- I urge my colleagues to support the system in place with this two-thirds re- teresting that studies show feudal rule and to support H.J. Res. 37. quirement under the cynical guise of H2066 CONGRESSIONAL RECORD — HOUSE April 15, 1999 giving suffering average Americans re- Now, to my constitutional friends that is going to lead us to a place lief. They are in the majority. Why do who say, why should we monkey with where we are going to be not a democ- they not pass legislation to give relief the Constitution, I answer, because we racy but a plutocracy, a government to average Americans? Why do they already have back in 1913 when we run by a handful of people, a dimin- not take up a bill today, tomorrow, amended the Constitution to make the ishing number of people, plutocratic every day and send it to the President? Federal income tax legal. Before that rule. That seems to be the hallmark of They are not doing that. point we could not have a direct tax the Republican majority in the House This is special-interest legislation, like an income tax. It was unconstitu- of Representatives. plain and simple. This is just unbeliev- tional; 100 percent prohibition against We believe in democratic principles. ably cynical, my friends, unbelievably an income tax until 1913. We believe in the right of the majority. cynical. Average Americans are suf- How high has the marginal tax rate We believe in democratic rule and we fering under this system. They are pay- gone since 1913? It has gone up 4,000 believe in majority rule. And that is ing more than their fair share, while percent. 4,000 percent. why our opposition to this rule and to foreign corporations, huge U.S. cor- So this debate today is very simple. this bill is so solid and so firm. porations, and immensely profitable, Do my colleagues understand frac- Let us not deny democracy and move privately held businesses, like the tions? I assume my friends on the toward plutocracy. Let us keep the cruise ship industry, pay not a dime for Democratic side understand fractions. democratic principles upon which this the services they use in this country. Two-thirds is bigger than one-half. We country is based and keep simple ma- And with this two-thirds requirement, would make it more difficult, not im- jority rule in order to pass important that would never change. possible, to raise taxes. measures in this Congress. And beyond that, I guess I have got If they think that is a good thing, Mr. HASTINGS of Washington. to wonder, since they are in the major- call their congressman, say, vote for Madam Speaker, I yield 1 minute to ity, who are they protecting us the tax limitation amendment; help us the gentleman from Florida (Mr. SCAR- against? Are they protecting us against get 290 votes to send it to the Senate; BOROUGH). themselves? They control the House of and then help the Senate get 67 votes Mr. SCARBOROUGH. Madam Speak- Representatives. They will never bring to send it to the States; and then help er, I would just like to say to the pre- a bill to the House to raise taxes on the States get three-fourths of them to vious speaker, the gentleman from New these special interests. But they want pass it and put it in the Constitution so York (Mr. HINCHEY) that we are not to be sure that they lock those loop- that we make it a little bit tougher to suspicious, as he said, of democratic holes, those special protections, those raise taxes. That is what this vote is rule and democratic principles. We are privileges in place for all time for their all about. suspicious of Democrats ruling and of big campaign contributors. The rule that is before us is a good the Democratic Party’s principles, who Vote ‘‘no’’ on this cynical amend- rule. It allows the Democrat minority, over the past 40 years have raised taxes ment. if they wish to, to amend it. We have time and time and time again on the Mr. HASTINGS of Washington. had process debate on this before. It is American people. Madam Speaker, I yield 4 minutes to time to vote it out today and send it to Also, I find it very interesting that the gentleman from Texas (Mr. BAR- the Senate. since the 1950s and 1960s, our friends on TON). Mr. MOAKLEY. Madam Speaker, I the left have been talking about the Mr. BARTON of Texas. Madam yield myself such time as I may con- tyranny of the majority and how we Speaker, I plead guilty. I raise my sume. must protect the American people hand and I plead guilty. I want to To my colleague that just spoke, I against the tyranny of the majority make it more difficult to raise taxes on will tell him, we do understand frac- and the will of the majority, and now the American people. I am sorry, but tions over here. In fact, we have 49 per- all of a sudden they are embracing it as that is the way I feel. cent of the House and we only got 43 tightly as William Rehnquist. Let us just do a little basic math. percent of the seats. So we know how So we are not suspicious of demo- Most of us took fractions back in ele- those fractions work. cratic rule and principle. We are sus- mentary school. At least I did at Trav- Madam Speaker, I yield 2 minutes to picious of what would happen again if is Elementary in Bryan, Texas. Which the gentleman from New York (Mr. the Democrats controlled this Cham- is the bigger fraction, one-half or two- HINCHEY). ber. And that is what we are trying to thirds? When we run the math, we find Mr. HINCHEY. Madam Speaker, it protect American people against, rais- out, at least in Ennis, Texas, and Trav- seems to me that one of the hallmarks ing taxes over and over again like they is Elementary in Bryan, Texas, that of this majority since they have re- did in 1993. two-thirds is the bigger fraction by sumed that responsibility in this House Mr. MOAKLEY. Madam Speaker, I one-sixth. has been a clearer suspicion of demo- yield myself such time as I may con- Now, if we convert that one-sixth in- cratic rule and a denial of democratic sume. crease to 435 Members of the House of principles. If I may once again remind my Re- Representatives, it means it would The first indication of that was in publican colleagues, at the beginning make it more difficult to raise taxes by the campaign of 1994 when we heard so of the 104th Congress, they changed the approximately 70 votes in the House of many of them talk about the need for House rule to require three-fifths of the Representatives. I think that is a good term limits, not trusting the voters to majority for tax increases and then thing, not a bad thing. make judgments about whether or not they waived that requirement each and Now, to my good friend from Oregon people should be elected to office. They every time it came up. If they cannot (Mr. DEFAZIO), if he is still on the wanted people to be restricted to the abide by House rules with the super- House floor, he may have already left, number of terms that they could run. majority, how are they going to abide but if he is still on the House floor, I Now they seem to have had a different by changing the Constitution? hope he understands that by the end of attitude about that. Now that the time Madam Speaker, I yield 2 minutes to the day, American taxpayers will have period has run out, many of them are the gentleman from California (Mr. paid to the U.S. Treasury $828 billion. reconsidering that whole business. STARK). $828 billion. If we add the Social Secu- But now we have something new Mr. STARK. Madam Speaker, I am rity taxes, which are over $300 billion, here, another denial of democracy, de- confused by this. It does tend to imbal- the American taxpayers will have paid nial of majority rule. They want to cre- ance things. over $1 trillion to the U.S. Treasury ate a circumstance whereby it takes I am not so sure that if they had a this year. $1 trillion. That is a thou- two-thirds rather than a simple major- two-thirds majority to cut taxes along sand billion dollars. ity to pass an important measure, a with the two-thirds majority to raise it How much is enough? Why not raise tax measure, in the House of Rep- that I would not go along with them. I the bar? Why not go to two-thirds vote resentatives. am not so sure that if they had a two- in the House and the Senate to raise If we were to begin that process, ob- thirds majority to increase defense taxes instead of the one-half? viously we would start down a road spending, I would not go along with April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2067 them. I am not so sure if they had a tax filing day. What is the statistical preme Court responsibility only for de- two-thirds majority to cut payments to probability that that could happen by termining whether the Congress has children, to cut Medicare, to cut bene- chance? followed its own rules. Do not get us fits for the poor and the disabled that It is not by chance that this matter into a posture of the Congress saying, I would not go along with them. is here today. This is politics and the ‘‘This is a de minimis increase’’ and Because those right-wing, radical Re- desire of my Republican colleagues to then the Supreme Court saying, ‘‘Oh, publicans, with their majority, have make a statement about taxation, no, that’s not de minimis,’’ because no- been doing just that. They have been which is fine, but we ought to be hon- body knows what this language means. cutting money for education. They est about that. If people want to come But do you think we got the oppor- have been cutting money for health to the floor and give a speech about tunity to offer this amendment? We did care. They have been cutting money taxes being too high in this country, not get the opportunity in the Sub- for the impoverished. And all they taxes are too high in this country. But committee on the Constitution, it want to do is give a big tax cut to the this is about amending the Constitu- never came there. We did not get the 2 or 3 percent richest people in the tion of the United States, and I am em- opportunity in the Committee on the country for which they do not have the barrassed that we are here playing po- Judiciary, it never came there. We did votes. litical games with the Constitution of not get the opportunity on the floor of And so they are stacking the deck. It the United States. It embarrasses me. the House because the Committee on is wrong. It is a way, in the case of We ought to take this more seriously. Rules said, ‘‘Oh, no, you might disrupt Medicare, to see that we disband Medi- And if my Republican colleagues our political message if we give you the care, to let it wither on the vine, as were taking this seriously, let me tell opportunity to talk about the merits of their former Speaker, a couple of Members what would have happened. I this bill, to talk about the merits of iterations ago, decided to do. am the ranking member of the Sub- our democracy, to talk about the mer- So what they cannot do within their committee on the Constitution of the its of setting up a conflict between the own party with a simple majority they Committee on the Judiciary in this Congress of the United States and the are trying to do by obfuscation and in- House. I have not seen this constitu- Supreme Court of the United States. direction and misuses of the Constitu- tional amendment come to the Sub- That would interrupt our political mes- tion, create an unbalanced situation committee on the Constitution of this sage, and our political message today where a small radical group of right- House. I am a member of the Com- is that taxes are too high.’’ My political message to you is a con- wing reactionaries can begin to control mittee on the Judiciary in this House. stitutional message. I represent almost the spending in this country to dis- We did not consider this amendment in 600,000 people. Every single Member of advantage the majority. the Committee on the Judiciary. We this body represents almost 600,000 peo- This constitutional amendment, if it did not even have notice that this con- ple. I cannot think of any reason that ever came up, it certainly has gone stitutional amendment to amend the some small group of people would want through no committee hearings, it is most important document that we to elevate their constituency above the serve under was going to be on the reported out of the Republican leader- value of my constituency. That is what House floor until several days ago, ship without any hearings, without any majority rule is about. I do not like to came to the Committee on Rules, never markup, and if it were ever to see the lose votes, but majority rule is the es- went through the Subcommittee on the light of day, it would proceed to de- sence of democracy. stroy the Medicare system, it would de- Constitution, never went through the That is what this debate is about. stroy Social Security, and eventually, I Committee on the Judiciary. What the gentleman from Texas (Mr. Now, if they were serious about the suppose, reach that goal of these rad- BARTON) has said is absolutely correct. ical right-wing Republicans, and that constitutional obligation that we are They want 70 more people above major- is to destroy Federal Government as about to undertake here, one would ity rule to decide when taxes can be we know it today. think that even after it went to the imposed. He is right. That is exactly Committee on Rules, the Committee on b 1115 what this debate is about. But let me Rules would at least make in order the tell you that that undermines in the Mr. MOAKLEY. Madam Speaker, I possibility of amendments that we most profound and basic way the prin- yield the balance of my time to the could consider on the floor of the ciples on which our democracy is gentleman from North Carolina (Mr. House to improve this bill. If it is a founded, one of those primary prin- WATT). good idea, why can we not have a de- ciples being majority rule. The SPEAKER pro tempore (Mrs. bate on potential amendments that If we are going to do it, we at least EMERSON). The gentleman from North would improve the bill? ought to be serious about it. We at Carolina (Mr. WATT) is recognized for We said to them, ‘‘Look, there is least ought to let the Subcommittee on 1 10 ⁄2 minutes. nothing in the United States Constitu- the Constitution consider the bill. We Mr. WATT of North Carolina. Madam tion now that mentions the words de at least ought to let the Committee on Speaker, I thank the gentleman for minimis.’’ There is not a person sitting the Judiciary consider the bill. We at yielding me the time. I have not had 10 on this floor or in the gallery who least ought to have a full and fair de- minutes to talk about anything on the knows what ‘‘de minimis’’ means. And bate on this issue on the floor and floor of the House in so long, I feel like yet we are going to give a Constitution allow the possibility of amendments. I am filibustering if I take 10 minutes. to the Supreme Court of the United This is not about what my colleagues Let me talk about this in a historical States and say to the Supreme Court, would have you believe it is about. framework first and see if we can fig- ‘‘You tell us what a de minimis tax in- This is political fun and games. Let me ure out what is going on here. On April crease is.’’ join my Republican colleagues in say- 15 of 1996, this amendment came to the This is the same group who within ing what everybody agrees to, that House floor. On April 15 of 1997, this the next several weeks will be back taxes are too high. I do not make any amendment came to the House floor. here on the floor trying to amend the apologies for that. We all ought to vote On April 22, I think that was tax filing Constitution because they do not like for it every time we get the oppor- day last year, of 1998, this amendment what the Supreme Court told them tunity to reduce taxes. But that is not came to the House floor. On April 15, about what the First Amendment an argument for a supermajority. That 1999, this amendment is back on the means. So when the Supreme Court is an argument for responsibility and House floor. says what a de minimis tax increase is, majority rule, and we ought not upset Now, the gentleman from Texas (Mr. then they are going to be unhappy the basic fabric of our democracy to BARTON) talked to us about arithmetic about that. accomplish it. and fractions. Let me ask the statis- So we tried to offer an amendment Mr. HASTINGS of Washington. tical probability that a single measure that would get us out of that bind. If Madam Speaker, I yield the balance of which has failed in the House consist- my colleagues are serious about that, my time to the gentleman from Florida ently will show up on the floor of the at least let the Congress decide what a (Mr. GOSS), a member of the Com- House 4 consecutive years on the same de minimis increase is and give the Su- mittee on Rules. H2068 CONGRESSIONAL RECORD — HOUSE April 15, 1999 The SPEAKER pro tempore. The gen- Tuesday morning I heard a news re- prescribed by law, not to increase the inter- tleman from Florida (Mr. GOSS) is rec- port on the radio that stunned me and, nal revenue by more than a de minimis amount. For the purposes of determining ognized for 71⁄2 minutes. I hope, anybody else who heard it. A (Mr. GOSS asked and was given per- professor who has studied the histor- any increase in the internal revenue under mission to revise and extend his re- this section, there shall be excluded any in- ical trends in IRS audits was inter- crease resulting from the lowering of an ef- marks.) viewed about his research, and in his fective rate of any tax. On any vote for Mr. GOSS. Madam Speaker, I thank commentary he said the following, and which the concurrence of two-thirds is re- my very distinguished friend, a mem- I quote: quired under this article, the yeas and nays ber of the Committee on Rules of sen- ‘‘Tax enforcement is the essential of the Members of either House shall be en- ior standing from Washington State, sort of function for the government.’’ tered on the Journal of that House. for yielding me this time, and I rise in I wonder if that gentleman’s history ‘‘SECTION 2. The Congress may waive the support of this very appropriate struc- lessons took him back to Boston Har- requirements of this article when a declara- tured rule. tion of war is in effect. The Congress may bor in something called the tax about also waive this article when the United To the gentleman who just spoke tea, and the gentleman from Boston who is concerned about this being the States is engaged in military conflict which (Mr. MOAKLEY) has properly reminded causes an imminent and serious threat to na- fourth year in a row, I would say unless me that is in his district, and I know tional security and is so declared by a joint this passes today, do not make any he learned the lesson well. Madam resolution, adopted by a majority of the plans for April 15 next year, either. I Speaker, was he there? whole number of each House, which becomes think we can all agree that on a matter How far we have come from the law. Any increase in the internal revenue en- of principle such as this, which in- acted under such a waiver shall be effective model envisaged by our Founding Fa- volves a change to our Constitution, we for not longer than two years.’’. thers. must eagerly seek and accept a more Madam Speaker, I urge my col- The SPEAKER pro tempore. After 3 rigorous debate structure, and the leagues to understand the symbolism hours of debate on the joint resolution, Committee on Rules has tried to pro- of today’s debate, but then, and more it shall be in order to consider one mo- vide for that. importantly, to vote for the substance tion to amend, if offered by the gen- b 1130 of the amendment being proposed to re- tleman from Missouri (Mr. GEPHARDT), or his designee, which shall be consid- In the Committee on Rules on Tues- quire a tougher standard and a greater ered read and debatable for 1 hour, day, proponents of this tax limitation accountability on those in government equally divided and controlled by the constitutional amendment were ac- seeking to raise the taxes that all proponent and an opponent. cused of attempting a symbolic ges- Americans must pay, whether that The gentleman from Florida (Mr. ture. Well, the truth is that symbolism payment is by withholding throughout of considering this measure on this the year or by writing a large check to SCARBOROUGH) and the gentleman from day, Tax Filing Day for working Amer- the government on April 15, or, perish Michigan (Mr. CONYERS) each will con- 1 icans, is extremely important. Every the thought, both. trol 1 ⁄2 hours of debate on the joint year on April 15 many Americans are Mr. MOAKLEY. Madam Speaker, I resolution. reminded in a very personal, up-front yield back the balance of my time. The Chair recognizes the gentleman and direct way of what their govern- Mr. HASTINGS of Washington. from Florida (Mr. SCARBOROUGH). ment costs them. It is on this day that Madam Speaker, I yield back the Mr. SCARBOROUGH. Madam Speak- many families and businesses come balance of my time, and I move the er, I will be controlling the time for face-to-face with the enormity of the previous question on the resolution. the first part of this debate, and I ask Federal tax bite, and so it makes per- The previous question was ordered. unanimous consent that the gentleman fect sense that this Congress would on The resolution was agreed to. from Texas (Mr. BARTON), the sponsor this day focus on a means to decrease A motion to reconsider was laid on of the constitutional amendment, be the tax bite, Madam Speaker. the table. permitted to control the time during But the fact is that too many other Mr. SCARBOROUGH. Madam Speak- the second portion of this debate. Americans view April 15 in a dramati- er, pursuant to House Resolution 139, I The SPEAKER pro tempore. Is there cally different context. As refund call up the joint resolution (H.J. Res. objection to the request of the gen- checks go out from Uncle Sam, mil- 37) proposing an amendment to the tleman from Florida? lions of Americans will not feel the big Constitution of the United States with There was no objection. sting of our overwhelming tax bite, but respect to tax limitations. Mr. SCARBOROUGH. Madam Speak- will be insulated from the real cost of The Clerk read the title of the joint er, I yield myself such time as I may our Federal Government, perhaps for- resolution. consume. getting that they have been paying by The SPEAKER pro tempore (Mrs. Today is a very important day for us to be bringing up this tax limitation withholding all year. EMERSON). Pursuant to House Resolu- Whether writing a big payment check tion 139, the joint resolution is consid- amendment, and is there some political today or not, one thing is very certain. ered read for amendment. symbolism? Certainly. The tax burden placed on all Ameri- The text of House Joint Resolution 37 Madam Speaker, I cannot think of a cans is too great, and it is too con- is as follows: fusing. Most of us cannot even get the day that would be more important to H.J. RES. 37 same conclusion when we follow the bring this up, the day that millions of form. It is in a large part the result of Resolved by the Senate and House of Rep- Americans across the country are resentatives of the United States of America in going to their accountants, going to incremental tax increases that are bur- Congress assembled (two-thirds of each House ied in big bills for which Congress has concurring therein), That the following article their local IRS offices and filing their not been held properly accountable. is proposed as an amendment to the Con- tax returns. They have seen over the The constitutional amendment we con- stitution of the United States, which shall be past decade taxes increase at a larger sider today is an accountability meas- valid to all intents and purposes as part of rate, at a faster rate than at any time ure designed to require a higher stand- the Constitution when ratified by the legis- in this country’s history. In fact, the ard of proof for Congress when tax in- latures of three-fourths of the several States 1993 tax increase that so many Demo- creases are considered. within seven years after the date of its sub- crats I have heard are still proud of That makes sense, Madam Speaker. mission for ratification: today in 1999 was, in fact, the largest After all, the money belongs first to ‘‘ARTICLE — tax increase that the American tax- the people, not first to the government. ‘‘SECTION 1. Any bill, resolution, or other payers have ever been faced with. Of Some folks forget that from time to legislative measure changing the internal course I believe in large part that is time inside the beltway. It seems to me revenue laws shall require for final adoption the one reason why the Republican in each House the concurrence of two-thirds that too many people have forgotten of the Members of that House voting and party was swept to a majority in 1994, that truth, that government does not present, unless that bill, resolution, or other and, as my colleagues know, the com- have some innate right to confiscate legislative measure is determined at the mon wisdom was that somehow left- the earnings of the people it serves. time of adoption, in a reasonable manner wing liberals, big spenders, had learned April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2069 their lessons and that raising taxes are filing taxes today, but Americans Now the framers of the Constitution would no longer be acceptable to an and their children and their grand- wisely rejected the principle of requir- overwhelming majority of the Amer- children that will be filing tax forms in ing a supermajority for basic govern- ican people. the next century. ment functions. James Madison argued But the bottom line is that is not the Madam Speaker, the way we do that at the time of the Constitutional Con- case. In fact, the President’s budget is by passing this supermajority vention that under a supermajority re- and the blueprint of many people on amendment. It is an idea whose time quirement the fundamental principle of the left in this House actually contains has come, and I hope my friends on the free government would be reversed. It tax increases in their proposed budget left can recognize that and can support would no longer be the majority that for the next few years. The nonpartisan this very, very meaningful and impor- would rule; the power would be trans- Tax Foundation has a study that shows tant amendment. ferred to the minority. that over 60 percent of the taxes in the Madam Speaker, I reserve the b 1145 President’s budget will be shouldered balance of my time. The fundamental principle of free by those Americans earning less than Mr. CONYERS. Madam Speaker, I government would be reversed. It yield myself as much time as I may $50,000. The lesson has not been would no longer be the majority that consume. learned. Again, Madam Speaker, I can would rule. The power would be trans- (Mr. CONYERS asked and was given think of nothing that would protect ferred to the minority. the American taxpayer more than this permission to revise and extend his re- In addition, the amendment would amendment that would require a super- marks.) permanently enshrine some $450 billion majority. Mr. CONYERS. Madam Speaker, it of special corporate tax favors in the As my colleagues know, we have needs to be pointed out from the very Constitution, nearly three times as heard arguments from the left today beginning that the Committee on the much as all the means-tested entitle- that somehow this would cripple our Judiciary has not ordered reported H.J. ment programs combined. government, that somehow it would de- Res. 37 proposing an amendment to the Could that be a motive for bringing stroy the economy and that it is un- Constitution of the United States with this measure forward, by a majority constitutional. The fact is that we al- respect to tax limitations. This has not which already violates its own House ready have 10 instances where super- occurred, notwithstanding a commu- rules on the requirement of a three- majorities are required in Congress for nication forwarded by the chairman of fifths majority for these kinds of things to happen. I think this is the the Committee on the Judiciary, the votes? time and this is the place to pass one gentleman from Illinois (Mr. HYDE), to It would be next to impossible to more example of where a super- the chairman of the Committee on change the law to require foreign cor- majority must be passed before tax Rules saying that this has taken place. porations to pay their fair share of burdens are raised on American tax- In addition, I have never been con- taxes on income earned in this country payers. tacted, or written, or telephoned even, or to repeal loopholes which encourage I also have heard time and time about a constitutional amendment United States companies to relocate again in the past hour the fact that we that cannot in due fairness come before overseas. have done this before and it has failed, the Congress without any, any com- In fact, under this amendment, it and, since it has failed, we should not mittee proceedings in the House Com- would take more votes to close a tax do it again. But again I want to remind mittee on the Judiciary. We have never loophole engineered by powerful inter- my friends on the left that our efforts witnessed this before. est groups than to cut Social Security, at welfare reform that have trans- Madam Speaker, I think it is a dis- Medicare and education programs. formed the welfare state failed three grace to the process and borders on leg- So the amendment would also make times before the President finally islative malpractice. This amendment major deficit reduction measures much signed the bill. is an insult to the legislative process harder to pass when they are needed. I also want to remind my friends on and to the principle of democracy Five of the six major deficit reduction the left that opposed a balanced budget itself. The absence, the total absence of acts that have been enacted since 1982, for as long as they did that the Presi- any committee hearings, of any mark- measures which fully allow us to dent opposed that for months after we up, without any prior consultation, balance the budget, include a combina- came to the majority. In fact, he said makes this failure one that ought to tion of revenue increases and program cuts. It includes both increases and that balancing the budget in 7 years send this committee and the vote on this amendment off the floor today on cuts. would destroy the economy. President Reagan signed three of Madam Speaker, we fought the Presi- this important day. When the matter these measures into law and Presidents dent, and we fought the liberals on wel- involved is a constitutional amend- Bush and Clinton signed one each. fare reform, we fought them on ment which would forever limit the None of these five measures received a balancing the budget, and we proved, voting rights of Members, such lack of two-thirds majority in both Houses. So even though it did not pass the first, process is shocking and unconscion- had the proposed constitutional second or third time, we proved that able. amendment been in effect during this our ideas were correct; and I think this Now we all know the real reason the period, substantial budget deficits tax limitation amendment is also the resolution is being rushed to the floor, would still be with us today. thing to do to ensure that the free mar- to provide another symbolic gesture on Finally, I remind my colleagues that ket, the free enterprise system that Income Tax Day and divert attention this amendment is the height of hypoc- has made this country what it is in 1999 from the real issues that matter to vot- risy. Four years ago, the majority will be able to survive into the next ers. The fact that the amendment will changed the House rules so that they century and that the Federal Govern- not pass or has never passed hardly could not increase tax rates without a ment will not be able to remain as op- constitutes a valid reason for waiving three-fifths vote. Does anyone on the pressive as they have been on tax- the Committee on the Judiciary’s his- other side remember this? On six sepa- payers. toric jurisdiction over constitutional rate occasions since then the majority And again, if my colleagues want any amendments. has ignored or waived their own House example of this, they do not need to go The substantive implications of this rules. back 20, 30, 50 years. All they have to amendment are even more problem- Question. If the supermajority re- do is see what has happened in the atic. First and foremost, the amend- quirement has not worked as a House 1990’s: This Congress and this Federal ment undercuts the very cornerstone of rule, why in the world would anyone Government have raised taxes at an democracy, the theory that majority think that it could work any better as alarming rate throughout this decade. rules. By requiring a two-thirds major- a constitutional amendment? I think In fact, Madam Speaker, it has been ity to adopt certain legislation, the the answer is obvious. It would not. unprecedented, and that is why I think, amendment diminishes the vote of House Joint Resolution 37 is strongly as we go into the 21st century, we must every Member of the House and the opposed by the administration. It is op- protect not only those Americans that Senate. posed by a wide variety of groups that H2070 CONGRESSIONAL RECORD — HOUSE April 15, 1999 are concerned about sound fiscal policy sometimes our party asks too much of in 1993; because they did it for the 40 and good government, including the us; sometimes our party asks too much years when they were in the majority. Concord Coalition, Common Cause, of us. A man that loves his country, Madam Speaker, I yield 6 minutes to Citizens for Tax Justice and the AFL- and his Constitution even better, is the the gentleman from Texas (Mr. CIO. gentleman from Illinois (Mr. HYDE), a DELAY), a very strong leader on a very I urge my colleagues to do what we man that is so proud to be there when strong leadership team. have always done. Give this their care- his country needs him to direct this Mr. DELAY. Madam Speaker, I thank ful consideration and vote against this great committee, not for the next elec- the gentleman from Florida (Mr. SCAR- ill-conceived, antidemocratic constitu- tion but for the history that lies ahead BOROUGH) for yielding me this time. tional amendment that is brought be- of us. Madam Speaker, it is amazing to me fore us again on this day. Now this committee is being asked that the name of the Constitution is Madam Speaker, I reserve the by its, for lack of a better word, leader- invoked when it is convenient, and pro- balance of my time. ship, to let us do something for April tecting the Constitution is invoked Mr. SCARBOROUGH. Madam Speak- 15. Let us give a present to the tax- when it is convenient, but for the last er, I yield 11⁄2 minutes to the gentleman payers on April 15. Let us take this 40 or 50 years, members of the minority from Illinois (Mr. HYDE), the chairman great document and tinker with it for have come to this well, and I have seen of the Committee on the Judiciary. April 15. Let us not have hearings. Let them even in my short time of being in (Mr. HYDE asked and was given per- us not have discussions, because we this House and talking about it, the mission to revise and extend his re- know we are not serious. It is only a Constitution is irrelevant. marks.) gimmick, after all. It is good for the It has been said here in this Chamber Mr. HYDE. Madam Speaker, I thank party. It might be good for the next that the Constitution is a living docu- the gentleman from Florida (Mr. SCAR- election. We might hold on to the ma- ment. Therefore, we should read be- BOROUGH) for yielding me this time. tween the lines, that when the Con- Madam Speaker, I do not entirely jority. disagree with the policy concerns that Sometimes my party asks too much stitution gets in the way, we just dis- were expressed by the gentleman from of me, and fortunately we do not have regard it and throw it aside. to make these decisions being in the Now when the majority is trying to Michigan (Mr. CONYERS), but I do want make a statement about the fact that to say in reference to his concerns minority, but I do hope that this great the Constitution has been totally dis- about the process that it is true this is Constitution will not be attacked every regarded over the last 40 or 50 years, we a constitutional amendment, and we time a party thinks that it has a polit- are all willing and able to come down did not have hearings on it this year. ical problem at the polls. They should be able to understand here and protect the Constitution from However, in the past we have had hear- that if they want to change the law, assault. ings after hearings after hearings. This is essentially quite a simple they do not have to have a two-thirds Madam Speaker, it is days like this matter. It does not require a lot of tes- majority. That is the way it works in that never cease to amaze me in serv- timony, although we could probably this country. If we really do not like ing in this House. This day of all days have heard from academicians from the tax system, we do not have to run is when millions of Americans will rush here to San Francisco and back. We to try to change the Constitution. One to the post office, rush to the post of- know what the issue is. We know what has the guts to say, I have a proposal fice, in order to get a postmark on an the policy problems are, and so it was and I am prepared to present it to the envelope so that they can get their an effort to get this up on this most American people and ask them to vote taxes filed on time. While these hardworking taxpayers symbolic of days, the day when tax re- for it. scurry to comply with our cum- turns are to be filed. It is true that realistically we have I do not think anybody who will vote to work with the other party if we are bersome, antiquated Tax Code, we are on this issue is in doubt as to what the going to do it. It is true that no great here on the House Floor today to de- issue is all about and will be lacking reform comes without a bipartisan ef- bate a very modest bill, in my opinion, information because we did not have fort. But that is not on the agenda, is that they would love for us to pass. It hearings. it, because we are looking for the next is designed to make it a little more dif- I will concede that hearings are ap- election. So whether we are talking ficult for Uncle Sam to reach into the propriate. If we hadn’t had so many about tax reform, whether we are talk- pockets of the already overtaxed and hearings in the past on this essentially ing about campaign finance reform, extract even more of their hard-earned uncomplicated matter, why we would whether we are talking about Medi- money. have held hearings. I think everyone care, whether we are talking about So- Listen to just a few of the dramatic understands the issue and so we are cial Security, if we want to do some- statistics. Since this administration trying to get on with it by bringing it thing about it, the only way to do it is took office, Federal tax receipts have to this floor today. in a bipartisan way. They cannot go in risen from 19 percent of the gross do- Mr. CONYERS. Madam Speaker, I the back room and come up with a Re- mestic product to an all-time record of yield such time as he may consume to publican solution no more than we can 21.7 percent. Over this period of time, the gentleman from New York (Mr. with a Democratic solution, and they the Federal tax burden has risen to a RANGEL), the ranking member of the cannot do it with a make-believe April staggering 45 percent per person, 45 Committee on Ways and Means. 15, and it should be April 1, and at- percent per person, from $4,600 in 1992 (Mr. RANGEL asked and was given tempt to change the Constitution. to $6,700 today, according to the Tax permission to revise and extend his re- Sometimes I try to find ways to ra- Foundation. Including State and local marks.) tionalize why we are in the minority, taxes, the average taxpayer shelled out Mr. RANGEL. Madam Speaker, I but if we were in the majority and I over $9,800 last year. thank the gentleman from Michigan was the chairman of a committee and In fact, the average American family (Mr. CONYERS) for yielding me this had the responsibility to protect our today, if they take the cost of govern- time. Constitution and they asked me to do ment, that is, the taxes of State and Madam Speaker, I would like indi- this gimmick, I hope I would have local and Federal Government, and add cate how honored I am to be on the enough courage to say that sometimes to that the cost of regulations imposed floor with the distinguished chairman my party asks too much of me. upon them, over 50 cents out of every of the Committee on the Judiciary that Mr. SCARBOROUGH. Madam Speak- hard-earned dollar that the American has taken our country through a great er, I yield myself 30 seconds. family makes today goes to the govern- struggle with our Constitution. It al- Madam Speaker, to help the gen- ment. No wonder they are squeaking lows us to believe that we can survive tleman from New York (Mr. RANGEL) and yelling and screaming. another 200 years if we just do not tin- with his rationalization on why they Madam Speaker, what really ker with it. are in the minority, they are in the mi- astounds me is that there are actually Now comes the time, whereas the nority because they passed the largest people opposed to this proposal. Re- late President Kennedy once said that tax increase in the history of the world quiring just a two-thirds majority vote April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2071 to raise taxes, I think, is a very com- Mr. BARTON of Texas. I know. We knew how to put it together. That is mon-sense idea. are uncouth in Texas. really what they think. That is a very Raising taxes should not be easy. The Mr. CONYERS. Madam Speaker, I cavalier notion. problem is, this town is still full of peo- yield myself 1 minute. Our Founding Fathers said that ma- ple who mistakenly believe that big Madam Speaker, could I point out to jority rule is the essence of democracy. government is the answer to all of our the distinguished Whip of the House, That is really what this debate is problems, and they fail to recognize the gentleman from Texas (Mr. about. It is about whether we will pro- that the surplus is not, is not, the prop- DELAY), that we have a GAO study tect the rights of individual citizens to erty of the United States Government. that finds the majority of the large have an equal voice in their govern- international corporations paid no U.S. b 1200 ment, or whether we will have some income taxes? supermajority or a small minority that I have a message for those big gov- It could not be that he would want to just frustrates the will of the majority. ernment bureaucrats and others who protect these corporations; that as That is really what this debate is would want tax hikes to be easily ac- American taxpayers struggle to meet about. It is about democracy. complished: It is not their money. their April 15 income tax deadline, that Every single decision in our govern- Madam Speaker, a two-thirds major- a majority of the international cor- ment, with the exception of two, under ity is required for all of our most im- porations doing business in the United the Constitution of the United States, portant decisions in America, whether States could pay no Federal income is reserved for majority decision. it is amending the Constitution or rati- taxes? I would ask, what, Madam Somehow or another my colleagues fying treaties. Is not taking the hard- Speaker, do we do about that, if we who think they are better or would be earned money out of the pockets of the were to unwisely enact this provision? better at shaping a constitutional gov- American family important enough to The international companies paying ernment than our Founding Fathers, require a two-thirds majority? no U.S. income tax have trillions of those same Founding Fathers whose The Federal Government operates dollars of assets and annual sales in Constitution has survived over 200 under this mentality of what is mine is this country, and nothing has been years, my colleagues think they can do mine, and what is yours is mine, too. done about it, even though we have a it better, so they come and say, on tax Well, this has to stop, so Madam three-fifths rule in the House that is day we want to make a political point, Speaker, I urge my colleagues to join always waived. There are no proposals and we want to bring this two-thirds us in support of this tax limitation on the Floor. majority vote requirement before it, amendment. Let us really put a stop to Madam Speaker, I yield such time as not because we think it is going to pass this era of big government and high he may consume to the gentleman but because we want to make a polit- taxes, not just pay it lip service when from North Carolina (Mr. WATT), the ical point. it is convenient. ranking member of the Subcommittee Madam Speaker, I am embarrassed Mr. BARTON of Texas. Madam on the Constitution of the Committee that we would play political games Speaker, will the gentleman yield? on the Judiciary. with the Constitution of the United Mr. DELAY. I yield to the gentleman Mr. WATT of North Carolina. Madam States. We are in serious debate about from Texas. Speaker, I thank the gentleman for a range of issues, some of major mag- Mr. BARTON of Texas. Madam yielding time to me. nitude, some of minor magnitude. Speaker, I want to thank the gen- I want to start by responding to a few I can understand when we play poli- tleman from Texas for supporting the comments that were made by the gen- tics with minor issues, but when we leadership and putting this on the tleman from Texas (Mr. DELAY) in his come to the Floor of the House and we Floor. presentation. wave in front of the American people Secondly, I have in my hand a copy Madam Speaker, one would think the Constitution of the United States of the Constitution of the United that all of this talk about how taxes and treat it like a prop for a political States. I know the gentleman from have gone up and revenues have gone sideshow, and for 4 straight years we Texas has one. up during the President’s tenure, that bring the same constitutional amend- Mr. DELAY. I also carry one in my it was the Democrats who were in the ment which has been defeated four pocket. majority of the House and Senate dur- straight times, bring it to the Floor of Mr. BARTON of Texas. If the gen- ing that period of time. Oh, no. Madam the House on tax filing day, we are tleman will look under Section 9. Speaker, the Republicans were in the playing political games. Mr. DELAY. By the way, I carry this majority during that period of time. We heard the gentleman who fol- to constantly remind me that there So we can come and try to make a lowed me on the debate on the rule on still is such a thing. I keep sending political point today on April 15, but this issue. He got up and told me to be them to their offices, but I do not know the truth of the matter is that this de- prepared for April 15 of the year 2000, what happens to them. bate is not about whether taxes are too because they are going to be back next Mr. BARTON of Texas. Madam high or whether President Clinton in- year with the same constitutional Speaker, if the gentleman will look creased taxes or the Republicans are amendment, not because even a major- under Article I, Section 9, he will see responsible for increasing taxes. That ity of them think it has merit. If they that it says, ‘‘No capitation, or other is really not what this debate is about. had to really live under this system direct, Tax shall be laid, unless in Pro- The debate is about the little docu- they would not support it, because it portion to the Census or Enumeration ment that my colleagues were waving would be their constituencies whose herein before directed to be taken.’’ around and using as a prop in this de- vote would be diminished, just as it That prohibited income tax on people bate. would be my constituencies’ vote until February, 1913. Every once in a while it would be which is diminished. If we look over in Amendment XVI, nice if my colleagues would actually But on April 15 of next year, they are it says, ‘‘The Congress shall have pay some heed to that document. They going to be right back here with the power to lay and collect taxes on in- came in here in 1994, 1995, and said that same political charade. That ought not comes, from whatever source derived, they were the most conservative group to be what we are engaged in here. If without apportionment among the sev- that was ever going to hit this place. they are serious, this amendment eral States, and without regard to any Well, what is the most conservative should have gone through the regular census or enumeration.’’ That is why document that we have in this coun- committee process. It never did. We we need this constitutional amend- try? The Constitution. Yet, during the should have had the opportunity to ment, to put the Constitution back 2-year period after they came to the offer amendments to it that would like it was. majority, over 100 proposed amend- make this bill better. We do not, all be- Mr. DELAY. How dare the gentleman ments to the United States Constitu- cause it would have interrupted the from Texas (Mr. BARTON) actually read tion were filed. They think they know ability of the majority to get this mat- from the Constitution on the Floor of how to put the government together ter to the Floor of the House on April this House? better than our Founding Fathers 15, the same day they brought it to the H2072 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Floor of the House in 1998, 1997, 1996, was a little late for Ms. Mezvinsky, in supporting this amendment on this and will bring it again in the year 2000. who could not apologize. She had lost very serious day, April 15, where Amer- Madam Speaker, this is not about her office. By one vote they were able icans are called forward to pay their substance, this is about trying to gain to achieve a tax increase that then this taxes their government asks of them, some political advantage. We should president has denounced as maybe it not always willingly, but they cer- reject this amendment, and at least if was a bit too ambitious. tainly pay them. we are going to consider it, send it to Let us talk about some of the States Mr. CONYERS. Mr. Speaker, I yield the committee and let us do some seri- that are apparently so backward they myself 2 minutes while the distin- ous work on it so that we can address cannot figure things out. The birth- guished gentleman from Florida (Mr. the flaws that exist in it. place of our President, Arkansas, FOLEY) is on the floor. Mr. SCARBOROUGH. Madam Speak- passed in 1934 a three-quarters major- First, the 1993 vote was far more than er, I yield myself 30 seconds. ity to raise all taxes. a tax increase. It had tax increases and Madam Speaker, I would remind the California, the site of so much new deductions, and many other changes. gentleman, who somehow is confused technology, I have heard repeatedly on Secondly, if one measures State and about who is responsible for tax rates the Floor from Members of California, local revenues, in looking at the States increasing in this decade, that in 1993 then I would ask the delegation from with a supermajority requirement, we the Democrats passed the largest tax California, in 1978 they passed a two- find that five of the seven States with increase in the history of this Repub- thirds requirement of all taxes. What supermajority requirements experi- lic, without a single Republican vote. say those people in California? Are enced lower than average economic I would like to also say again that they backwards? growth as measured by changes in per just because the Democrats and those Then Delaware, 1980, a three-fifths capita personal incomes. Both of these on the extreme left have fought against majority to raise taxes; Florida, 1971, years were business cycle peaks, 1979 this bill for the past 3 or 4 years does three-fifths; Louisiana, two-thirds in and 1989. If economic growth during not mean that it is not a good idea. 1966; hardly trailblazers here, Madam this period is measured by changes in It took us three or four times to get Speaker. They were listening to their gross State product, four of the seven the President to actually agree that constituents. supermajority States had lower than I believe we have a fundamental welfare reform is a good thing. It took average growth. us 6 or 7 months to get the President of problem in America, but I have also Mr. Speaker, I yield 5 minutes to the heard that we have to give more voice the United States to actually agree gentleman from Virginia (Mr. SCOTT). that balancing the budget was a good to the minority so they can participate Mr. SCOTT. Mr. Speaker, I rise in op- idea. Maybe it will take us another in our system of government. I also position to today’s constitutional heard today on this Floor that by initi- year or two to have those on the ex- amendment. If this proposal to amend ating this two-thirds, we would give treme left agree that protecting tax- the Constitution is intended to be any- more power to the minority, so that payers is also a very good thing, but we thing more than an April 15 political should be welcome news in this Cham- are very patient people and we will gimmick, there is great reason for con- ber, so people through simple majority still be here. cern on policy grounds, particularly cannot run ramrod over the constitu- Madam Speaker, I yield 4 minutes to two. ents of this Nation. the gentleman from Florida (Mr. We are talking about debate on social First of all, we have to note what the FOLEY), a good friend who is also a security reform, Medicare reform, and amendment does because it is a recipe champion on the taxpayers and a mem- all these are important topics for the for fiscal disaster. This amendment ber of the Committee on Ways and American public. But I also think it is will allow unlimited new spending Means. a clear recognition when we have these based on a simple majority vote. How- Mr. FOLEY. Madam Speaker, I thank kinds of surplus dollars, before we start ever, to pay for that new spending will the gentleman from Florida for yield- raising taxes, we ought to look at the require a two-thirds vote. ing time to me. A lot has been said about the vote in more prudent way of managing the re- Madam Speaker, so as not to be not 1993. I would point out that our deficit sources we have been given. patriotic, I will not wave the Constitu- at that time was $260 billion, and that tion in the air, I will simply read from b 1215 vote has been responsible for reducing it. I am such an advocate for this be- the deficit down to where we have a Section 9 of the original Constitu- cause I heard our Vice President sug- technical surplus right now. tion, which has been referred to numer- gest the other day he created the Inter- So if we want to allow unlimited ad- ous times today, by the Founding Fa- net. I know one thing he did create, it ditional spending on a simple majority thers, prohibited taxation. It was an was a tax on the Internet. We were not vote, we ought to have the ability to amendment to the Constitution that able to vote on it, but it was initiated pay for it by the same vote, not risk re- allowed this Nation to tax its people. in our phone bills. Now I have to get quiring a supermajority. Yesterday we heard in the debate mail from my constituents every day The other thing is, this thing locks about the Census language, ignore the about this tax on their phone bills that in corporate loopholes. We can pass a Constitution, it suggests enumeration, I did not get to vote on. corporate loophole with a simple ma- but in order to help the minorities we I want a chance to have a two-thirds jority, but to repeal it takes two- would forget the writing of the Con- majority. I want a chance to debate the thirds. We would have either a little stitution and we will now do a statis- issues, because I believe in this Cham- more than one-third of either the tical sampling. ber. Democracy flourishes when all House or the Senate that can protect Madam Speaker, the Constitution is people can participate. the corporate loophole. very clear. The gentleman from Flor- If it is such a good idea, it will be If we passed a corporate loophole ida (Mr. SCARBOROUGH) has raised easy to get a two-thirds majority, it thinking it would just make a small many times the tax vote in 1993, and will be easy to talk about what is nec- amount of difference, but looked up that one Member from Pennsylvania, essary in America, it will be easy to do and saw it was costing billions of dol- whose arm was twisted and was in States like Florida when we have lars, we could not close that loophole if launched down to the Floor to change had to step up to the challenge of deal- just over one-third of either the House her vote in the last seconds of the vote ing with education, of dealing with or the Senate objected. that day, Ms. Mezvinsky from Pennsyl- welfare, of dealing with issues that To offset this corporate largess, we vania, changed her vote from a nay to confront the American public, we are would have to look somewhere else, a yea and passed the tax bill. She was able to do it and able to get a majority, maybe Social Security and Medicare, defeated by her constituents for raising not on a partisan basis, but on a bipar- which we could cut with a simple ma- taxes. tisan basis that increases the oppor- jority. But we would need a two-thirds I remember the comment by the tunity of Floridians. majority to close that loophole. President of the United States, I be- So I join with the gentleman from Mr. Speaker, in addition to the pol- lieve I raised your taxes too much. It Florida (Mr. SCARBOROUGH) and others icy, this amendment in terms of details April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2073 is vague and unworkable. We had no taxes, service fees, old taxes, new rity and Medicare. I have not heard hearings this year on the current bill. taxes, hidden taxes, tobacco taxes, gas anybody rallying around that. But when we did have hearings in 1997, taxes, aviation taxes, tobacco taxes. I support this two-thirds vote, a both Democratic and Republican wit- The American people are literally supermajority. Our Founders in their nesses expressed serious concerns taxed off. It has rather been a political wisdom would have placed this super- about the details of the amendment. process and too easy to tinker with majority on an income tax, but they Former Office of Management and this code, which should be thrown out were not that foolish to impose an in- Budget Director Jim Miller, a tax limi- by the way, and raise taxes. come tax. tation amendment supporter, even But I want to take issue with the In closing, let me let the Congress went so far as to call some of the lan- constitutional scholars. Our Founders know this: There is a woman in Amer- guage ‘‘silly.’’ For example, the lan- never intended an income tax. I could ica who hit the American dream yes- guage before us requires a two-thirds say on the floor that, if they did, they terday. She hit the lottery for $190 mil- majority vote to increase the internal would have put a two-thirds super- lion. That is unbelievable. She will revenue by more than a de minimis majority; and here is why. take home $70 million. She won $190 amount. The only revenue in that Constitu- million lottery, but when everybody is No one in our hearing seemed to have tion was in the form of treaties and done running their fingers through it, a good idea of what constitutes inter- international trade. It carried a two- she will take home $70 million. nal revenue or what exactly would be thirds supermajority. We went from Everybody is all excited about the re- considered a de minimis amount. Who trade and treaty and taxing on prod- funds they get of the money the IRS will get to decide whether a bill in- ucts and imports and threw that out has been holding interest free on our creases the special revenue by more and went to income. That cannot be accounts. Beam me up. We need a con- than a de minimis amount? laid on our Founders. Our Founders stitutional amendment to ensure there Some supporters suggested that one- never intended to tax achievement and will be no more chicanery with the tenth of 1 percent of the total revenues initiative. By God, I do not. easy business of being seduced to find would be de minimis. Out of a trillion- But do my colleagues know, there is more dollars for this government. With that, I thank the gentleman dollar budget, that is $1 billion. Is it a another thing here. Every time we talk from Florida (Mr. SCARBOROUGH) for billion? Is it a half a billion? Two bil- about salient points of differences of the time, and I urge an ‘‘aye’’ vote for lion? Ten billion? opinion, we get into some class war- this constitutional amendment. When we are talking about tax bills, fare: we, they; they, we; old, young; Mr. CONYERS. Mr. Speaker, I yield we are talking about an estimate. Who black, white; man, woman; manage- myself such time as I may consume. gets to estimate? What happens if the ment, labor. Let us get off that. There I would like to remind the previous estimate is wrong? What happens if are many people in my district that are speaker that the AFL-CIO has urged a there is a disagreement over the esti- taxed off. They believe they are taxed vote against the proposed constitu- mate? How many votes does it take to too high. tional amendment that would require a pass the bill? Who has fought more against foreign two-thirds majority in the United These are questions that the Amer- corporations getting away with taxes States House and Senate to increase ican public deserve answers to before than the gentleman from Michigan Federal revenues. Why? Because this and not after we have made a mess (Mr. CONYERS) and JIM TRAFICANT to- amendment would undermine the prin- that cannot be cleaned up. These are gether? But let me say this now to this ciple of majority rule in our Federal questions that could have been ad- Congress: 13 years it took me to change Government by allowing one-third of dressed responsibly in committee, but the burden of proof in the civil tax either the U.S. House or Senate to hold there were no committee hearings this case. The Democrats would not hold a tax bills hostage. year, just today’s April 15 vote. hearing on it. Thirteen years it took to Since many of the terms in this reso- This resolution is an insult to our change the seizure laws so the IRS lution, as previously pointed out, are Constitution. It is a recipe for financial could not come in and seize my con- extremely vague, this proposed con- disaster, and it protects corporate stituents’ home without a good order. stitutional amendment would undoubt- loopholes and, therefore, should be de- Democrats would not have a hearing edly lead to endless litigation in our feated. on the Traficant bill. Democrats would courts. It would also hurt our Nation’s Mr. SCARBOROUGH. Mr. Speaker, I not support Traficant’s position to working families by making it more yield myself 30 seconds just to say the allow our taxpayers who are ripped off difficult to extend the lives of the So- gentleman from Michigan (Mr. CON- to sue the IRS. That is why we are in cial Security and Medicare Trust YERS), the ranking member, had given the damn minority here. Funds. some statistics in States that did not Now let us talk business. We pay In fact, this proposed constitutional prosper in 1979. He said it is because of much too high a level of taxes. We also amendment would also make it more tax limitations in their own States. His pay them in the form of income, which difficult to close tax loopholes, includ- suggestion that tax increases equal in fact kills initiative. We are at the ing the foreign tax credit and the defer- economic prosperity, I find, is about as right time, April 15, talking about the ral of the United States taxes on for- difficult to believe as 1979 is actually a right issue here. eign income which encourage U.S. time of economic prosperity. If that is As far as constitutional amendments companies to move American jobs the case, somebody needs to call are concerned, I think it is absolutely overseas. Jimmy Carter in Plains, Georgia, and necessary, because it is too easy politi- Why, since last April 15, 1998, have let him know that. cally to twist arms in Washington, D.C. not the majority brought forward any Mr. Speaker, I yield 5 minutes to the But as far as constitutional amend- of these bills that would close tax loop- distinguished gentleman from Ohio ments are concerned, I want to applaud holes? It seems to me that the income (Mr. TRAFICANT), the sheriff. everyone who has enough passion to tax was approved by the 16th Amend- (Mr. TRAFICANT asked and was believe they can improve upon Amer- ment to the Constitution in the year given permission to revise and extend ica. If they cannot get enough votes, 1913. It was passed because huge ty- his remarks.) then they do not. coons were earning hundreds of mil- Mr. TRAFICANT. Mr. Speaker, this By the way, I have a constitutional lions of dollars without paying taxes: could have had hearings, but that will amendment before this Congress. I the Rockefellers, the Morgans, the not stop me from voting for this joint heard all the talk about Social Secu- Vanderbilts. Without the 16th Amend- resolution. I do not know how many rity and Medicare. I want the chairman ment, we would have had no way to Democrats will vote for this, but I en- who may be the next chairman of Ways prosecute a World War I, not to men- courage them to do just that. Number and Means to hear it. The Traficant tion a World War II. one, not just because our taxes are too amendment to the Constitution would high. say no more touching the trust fund b 1230 We have income taxes, excise taxes, from Social Security, and Social Secu- So it is important that we put these estate taxes, gift taxes, capital gains rity could be used only for Social Secu- matters in perspective. H2074 CONGRESSIONAL RECORD — HOUSE April 15, 1999 We have an accounting analysis that pointed out, the Founding Fathers did When the current majority first took shows that the Reagan era tax cuts not impose an income tax. They did office in 1994, they were full of an- were for higher income taxpayers. The not believe there should be an income nouncements that they were here to Clinton era help for the working poor tax. Indeed, that was not adopted until carry out the will of the people. They and the targeted tax cuts contained in the 16th Amendment. So the argument were, they said, the embodiment of the the 1997 balanced budget agreement that we should not have this kind of a American public’s will. Well, they have have all helped keep the Federal taxes constitutional amendment, and that run into some rocky times. The public for most Americans lower than they the Founding Fathers rejected it, is has not been nearly as supportive of have been in any time since 1979. simply false. their agenda as they wish. Mr. Speaker, I reserve the balance of Now, what is our idea? Impose a con- And, increasingly, their irritation my time. stitutional amendment that makes it with the public comes through. It Mr. SCARBOROUGH. Mr. Speaker, I slightly harder, a two-thirds majority, reached, of course, a high point last yield 4 minutes to the gentleman from not a simple majority, to raise taxes. year on impeachment. And by the time Arizona (Mr. SHADEGG). This poster shows that 68 percent of all that impeachment came to the floor, (Mr. SHADEGG asked and was given Americans live in States where the we had Republicans talking about their permission to revise and extend his re- same type of limitation has been duty to disregard the public will be- marks.) passed. Indeed, 14 States, from Arizona cause they knew much better than the Mr. SHADEGG. Mr. Speaker, I can- to the State of Washington, listed here, public what should be going on. not help but begin by associating my- have all enacted similar measures, say- Now, this is the logical conclusion of self with the remarks of my colleague, ing, ‘‘No, you should require a super- that. We have had a system in this the gentleman from Ohio (Mr. TRAFI- majority before you raise taxes yet one country called democracy, in which a CANT), from the other side. I thought he more time.’’ It is not a radical idea, it majority of the people vote for Mem- was brilliant, and I hope that our col- is a commonsense idea. bers of Congress. It is not strictly leagues were listening. I was reading a statistic earlier today majoritarian in the Senate, obviously, I have put up here on this poster a that went to the issue of this debate. It because of the two Senators per State, quote from John Randolph. John Ran- pointed out that the IRS sends out 8 but the notion was we would get a ma- dolph served in this body in the late billion pages of forms and instructions jority and the majority would then de- 1800s as a Member of the U.S. House each year, the equivalent of paper cide. and then as a Member of the United made from almost 300,000 trees, and re- Well, the Republicans are here tell- States Senate. And he said what this ceives back enough paperwork to circle ing us today what they told us in De- debate is really all about, and that is the earth 36 times. cember: ‘‘That majority of the Amer- that ‘‘One of the most delicious of I could not help but be struck by the ican people ain’t all it was cracked up privileges is that of spending other peo- fact that what that proves is that, vis- to be. You can’t trust them. You can’t ple’s money.’’ That, Members, is fun- a-vis the IRS, the beavers that we have trust the American people through the damentally what we do here when we just learned about who on the Tidal electoral process to have representa- spend taxpayers’ dollars. When we Basin in the last few weeks have tives who will do the right thing.’’ So enact program after program and tax chewed down one or two trees, maybe let us say when it comes to a policy the increase after tax increase, we indulge three or four trees before they were Republicans do not like, such as taxes, then we will have to have a super- ourselves in that delicious privilege of caught, they are pikers compared to majority. spending other people’s money. the IRS. The IRS in 1 year, not one lit- The gentleman from Arizona said we That is what this debate is about. tle aggressive beaver chewing down now collect more in taxes than we did This debate is about should it be easier four or five of our beautiful cherry in 1950. That is true. There was no to continue to spend ever increasing trees in any given year, the IRS with Medicare program in 1950. Of course, if numbers of other people’s money, ever its 8 billion pages of forms and instruc- tions each year consumes almost it was up to the Republican Party, increasing amounts of other people’s there still would not be. They were op- money. Not our money, not our money 300,000 trees. Maybe the IRS should employ those posed to it. And it is true that because out of our own wallet, but money beavers. we have a Medicare program, that re- taken out of the wallets of the tax- Mr. BARTON of Texas. Mr. Speaker, quires taxes that were not levied in payers of America. Should we make it will the gentleman yield? 1950. easier to do that or slightly harder? Mr. SHADEGG. I yield to the gen- We did not have any serious environ- The answer is that those who oppose tleman from Texas. mental programs in the United States this amendment want it to be easy to Mr. BARTON of Texas. Is there any in 1950. I notice the Charles River has take money out of other people’s wal- truth to the rumor that the beavers are now just been declared open for swim- lets because they enjoy the privilege of actually contract employees of the ming to a great extent. We can give spending other people’s money. But the IRS? people a tax cut, and there is not much sad truth is it is never enough for those Mr. SHADEGG. Mr. Speaker, re- they can do to clean up the rivers or who want to spend other people’s claiming my time, I would say to the clean up the air. money. gentleman, who makes a good point, if So it is true, the billions we spend on In 1950, just a few short years ago, in they are not now, perhaps they should environmental protection, cleaning up my lifetime, the average taxpayer sent be. Superfund sites, cleaning up the air, $1 to Washington for every $50 that Mr. Speaker, I urge my colleagues to cleaning up the water, those take taxes they earned. Today it is $1 for every $4 support this amendment. and they did not exist in 1950. and approaching $1 for every $3. It has Mr. CONYERS. Mr. Speaker, I yield 7 But this is not a substantive argu- become a radical increase in the minutes to the gentleman from Massa- ment, it is a procedural one, and we growth and the size of the Federal Gov- chusetts (Mr. FRANK). should go back again to the funda- ernment and its tax bite so that people Mr. FRANK of Massachusetts. Mr. mental issue here. The Republican in this body can enjoy that privilege of Speaker, I am sorry to interrupt the Party is making it clear today that spending other people’s money. latest episode of ‘‘Leave It To Beaver,’’ they have lost trust with the American Now, what is it that we propose to do but I have never really been a big fan people. Indeed, it became very clear about it? We propose to do something of reruns. during impeachment that if the Amer- that has in fact been called radical on What we are seeing today is the end ican people worked for us instead of this floor today, but is indeed not rad- of a romance, and it is a sad day. This the other way around, the Republicans ical, and that is to put in a rational should not have come on tax day; would have fired them. They were very limitation on the power of this Con- maybe it should have come on Valen- disappointed in the people. gress to increase taxes once again. tine’s Day. The romance that we are And they are institutionalizing And do not be fooled by these con- seeing come to an end is that between today, if they are successful, in the stitutional arguments. As the gen- the Republican Party and their view of Constitution their distrust of the peo- tleman from Ohio (Mr. TRAFICANT) the people. ple: ‘‘Don’t let a majority make these April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2075 important decisions. You can’t trust a a prescription drug program in Medi- we certainly have no fear of it. We fear majority of the voters. You take a ma- care. We don’t want to help people that no more than Democrats fear jority of the voters who elect Members build new schools with Federal money. talking about taxes overall. of the House of representatives; we We’re against any revenues.’’ That is a I have heard discussions about im- don’t like what they are going to do.’’ legitimate decision. But why are they peachment. I even heard the ghost of Now, I have to say, in fairness to the unwilling to let it be decided by major- Newt Gingrich rise from the mist in Republicans, they did not rush to this ity rule? Why this repudiation of the the rules debate and about Medicare. repudiation of the public will. They majority? We have no fear about that. Our fear is were much happier when they could By the way, when it comes to major- that the Democrats, given their will in claim to be the tribunes of the public. ity rule, among the majorities they do the future, will do exactly what Bill The problem was that the public ran not trust, apparently, is the very House Clinton and AL GORE want to do right out on them and they were upset. I no- Committee on the Judiciary, that bul- now in their budget, and that is raise ticed that during impeachment, and I wark of Republican rectitude against taxes on hard-working Americans. think these are very connected, be- an improvident public, because this bill So I do not think the romance is cause it was the dislike of the Amer- did not get voted on in committee. I over. In fact, a poll that was taken last ican public’s decision that came out in am on the Committee on the Judiciary; year shows that 73 percent of Ameri- impeachment that is really the same I am even on this subcommittee. I cans support tax limitation. force that we have today. must have been absent that year be- Mr. Speaker, I yield 21⁄2 minutes to Now, I can say, because I was there in cause we did not have a hearing on it the gentleman from Utah (Mr. CAN- the Committee on the Judiciary, that this year. We did not have a markup in NON), a member of the Committee on the Republican Party did not start out subcommittee. We did not have a the Judiciary. to repudiate the public. In fact, when markup in committee. Mr. CANNON. Mr. Speaker, I was im- the impeachment thing started, they This radical revision of the notion pressed by the point made by the gen- were sure the public was on their side. that a majority should rule, which the tleman from Michigan (Mr. CONYERS), To their horror, they saw the public Republicans used to hold when they that major international corporations moving away, so they tried to make a still thought the majority was backing pay virtually no taxes, and that despite virtue out of necessity by saying how them up, comes to this floor untouched the valiant efforts of the gentleman proud they were to stand up to public by human hands. This comes to us from Michigan and the gentleman from opinion. without a hearing, without a markup, Ohio (Mr. TRAFICANT) and others over Having the Republicans announce without a committee meeting. Not most of the last 40 years of Democrat during impeachment that they were only have the Republicans decided to control of this House. That illustrates pleased to show that they could resist repudiate the notion of majority rule the point that people pay taxes. public opinion would have been a little in representing the public, whom they Mr. Speaker, America is great for bit like Pharaohs’ soldiers, as the Red do not trust on this, they have appar- many reasons. We have a larger popu- Sea closed in on them, announcing that ently forgotten what they said a few lation base than, say, Germany. We it was a wonderful day to go swim- years ago about procedural regularity, have massive natural resources. But ming. This was not something they about committees. This one just comes the key to America being the world’s wanted to happen, but if it was hap- right to the floor. only superpower is not in the numbers pening, they had better make the best Now, I understand why. I understand of our people or in the size of our corn- of it. that there are members of the com- fields but in the creativity of the Now they are taking it one step fur- mittee who have more regard for the American people. Our creativity de- ther. It is one thing to find ourselves majority principle, who would have rives from the way our predecessors embarrassed by the public differing been a little embarrassed by it. But framed the role of government. with us and to announce how wonderful when we try to accomplish a bad idea b 1245 we are because we have stood up to the by a bad procedure, two wrongs do not public, but it is another to write it into make a right. And I hope this effort to They recognize government for what the Constitution of the United States. right the repudiation of the public’s it is, force. Some forces are necessary The Constitution of the United right to make decisions by a majority in order to secure the blessings of lib- States leads us to ask on this funda- into the Constitution is defeated. erty, but the challenge we will always mental public policy question, and here Mr. SCARBOROUGH. Mr. Speaker, I face is balancing government’s access it is, do there need to be some things yield myself 30 seconds, just to thank to force and constraining that force. that are important for the quality of the gentleman from Massachusetts for And nowhere is the coercive force of our life that we do jointly? I do not being concerned about that end of a ro- government more broadly felt than in know how we provide public safety mance. ripping from the laborer a portion of with a tax cut. I do not know how we Actually, fortunately, given the his wages. clean up the air or the water or take choice between the arms they would be We, the Federal Government, are now care of the health of poor children. driven into, with Mr. Clinton and Mr. tearing from our citizens a larger por- There are some things we can only do, GORE and those of the left who are now tion of their earnings than ever before that are important for this country, if proposing a new tax increase, I think in our history, more than during the we do them jointly. over $100 billion in tax increases, 60 struggle for freedom during World War There is, I think, a difference on the percent of those going to Americans II. part of some people in the public. It is making less than $50,000, I am quite My friend, the gentleman from North true if we ask people about government comfortable that that romance will Carolina (Mr. WATT), is embarrassed spending in general, they will be very take us well into the 21st century. apparently by the waiving of the Con- negative. But if we ask them about the Mr. FRANK of Massachusetts. Mr. stitution on April 15. This is the day specific parts of government spending, Speaker, will the gentleman yield? that people feel that pain. Let me just they are often quite positive. Mr. SCARBOROUGH. I yield to the say that when we changed the Con- People, I think, would like to see gentleman from Massachusetts. stitution and allowed for an income more spending in the Medicare pro- Mr. FRANK of Massachusetts. My tax, it was only the most farsighted of gram. They would like to see a pre- only question is why is the gentleman the men involved and women involved scription drug program. If we are going not willing to let the American people in that process who foresaw, over the to do a prescription drug program, that decide that by a majority? promises of everyone, the extent to is going to take taxes. If we are going The gentleman may be right or which we would actually raise taxes in to keep cops on the street, that takes wrong substantively, but why this fear America. taxes. If we are going to clean up the of letting the majority decide by ma- As Americans, as representatives of air and the water, that takes taxes. jority rule? the American people who hold the com- Now, people can say, ‘‘No, we don’t Mr. SCARBOROUGH. Mr. Speaker, I mon dream that makes us Americans, want to see that happen. We don’t want yield myself 30 seconds to respond that we have an obligation to limit the H2076 CONGRESSIONAL RECORD — HOUSE April 15, 1999 force brought against us collectively are some very extensive debates that Since the gentleman from Texas (Mr. by the grasping government bureauc- we can consult that shows the reason BARTON) knows that, he must know racy. That may mean that we in Con- why it did not work, why they had to that there were some other reasons gress must restrain ourselves from at- go to majority rule to be able to make that there were other exceptions made. tempting to have another program to the kind of difficult decisions that this That was not the only one for increases deal with society’s ills. Congress has elected to make. in Medicare. For increases in Medicare, But let me remind my colleagues Now, thirdly, it seems to me that we had to again waive that rule. So let that compassion does not always mean there are a number of things that this us bring this thing to a fuller conclu- intervention. If we just do not spend Congress is going to have to do in the sion than that. the surplus, we will either continue to near future. One is to make the kinds Mr. SCARBOROUGH. Mr. Speaker, I grow the economy at phenomenal of difficult decisions that will be neces- yield 2 minutes to the gentleman from rates, bidding up salaries in the proc- sitated to ensure that our retirement Wisconsin (Mr. GREEN). ess, or interest rates will fall. I believe security programs are sustainable. Mr. GREEN of Wisconsin. Mr. Speak- that no bureaucrat will ever come up They may, in fact, include raising some er, I would like to inject some Mid- with a program as compassionate as a additional revenue in order to be fair western common sense into this de- 4 percent interest rate. and to be sustainably financed into the bate. The taxpayers of our Nation do So I believe that we should not ex- long term. I do not know that. But I do not care which party deserves greater pand government, and I also believe know that we will never get two-thirds blame for tax increases. For them, this that we should constrain our ability to of this House to make those kinds of issue is not about conservatives versus tax. Therefore, I support and I ask my votes no matter how compelling the ar- liberals or Republicans versus Demo- colleagues for their support of this tax guments are in favor of those votes. crats. For them, it is not about parties; limitation amendment. There are other areas in which I it is about pocketbooks. Mr. CONYERS. Mr. Speaker, may I think that we certainly should get two- Survey after survey shows that inquire of the Chair the time remain- thirds. Corporate welfare, some of the Americans support the proposal before ing on both sides? loopholes that are used to abuse. His- us. Why? Because they know that if we The SPEAKER pro tempore (Mr. tory tells us this does not work. We do not take steps to protect them against tax increases now when we BOEHNER). The gentleman from Michi- know that these tax issues are the have an operating budget surplus, then gan (Mr. CONYERS) has 54 minutes re- most difficult issues. They take leader- we never will. They know that if we do maining, and the gentleman from Flor- ship and they take courage and they not act now when our tax burden is ida (Mr. SCARBOROUGH) has 60 minutes take majority rule. remaining. Almost all of these difficult issues higher than it has been anytime since World War II, then we never will. And Mr. CONYERS. Mr. Speaker, I yield have only passed by a slim majority no they know that if we do not act now 31⁄2 minutes to the distinguished and matter how compelling, as I say, are when 56 percent of Americans find the able gentleman from Virginia (Mr. the arguments. We need to enable Tax Code so confusing, complicated, MORAN). doing the right thing for this country, and complex, that they turn to outside Mr. MORAN of Virginia. Mr. Speak- and doing the right thing is not the er, I thank the distinguished and able experts for help, then we never will. easy thing. Let us defeat this bill. Working families know that this is ranking member of the Committee on Mr. SCARBOROUGH. Mr. Speaker, I precisely the time, the year, and, yes, the Judiciary for yielding time. yield 1 minute to the gentleman from Mr. Speaker, this provision should be the date to make this proposal on to Texas (Mr. BARTON). protect their pocketbooks, to protect defeated, for three reasons. One, it is Mr. BARTON of Texas. Mr. Speaker, their future. an exercise in hypocrisy. Secondly, his- if I were a permanent resident at my Now, a little earlier I heard so many tory has shown that it does not work. apartment in Arlington, the gentleman arguments against the concept of a And thirdly, it may mitigate against from Virginia (Mr. MORAN) would be three-fifths vote, a supermajority re- this Congress making the kind of very my congressman. I get all his mailings. quirement, saying that it does injus- difficult decisions that may be neces- And he does an excellent job, so I want tice to the Constitution. But, of course, sitated in the near future. to commend him on this. the greater injustice is the one done to I say that it is an exercise in hypoc- I want to comment about having to our working families every year around risy because, in January of 1995, in the waive the rule that we pass. My col- this time. Contract with America, the new Re- league correctly pointed out that when Now, this is not news. That is why publican majority included this as a it was waived, it was waived because State after State has passed a law like rule that would guide the House, and it we were trying to cut the capital gains. the one before us. Some of these States passed in the House. But every single And the way the capital gains code is have had their supermajority require- time that we have had a tax bill, pri- structured, we actually have to in- ments, their tax limitation provisions marily a tax cut bill, but a bill that crease the rate in order to lower the for years. And the evidence shows had provisions that actually increased net effect of the total tax. So we have clearly, unmistakably that these provi- taxes, the Committee on Rules had to protected that in the tax limitation sions work. And, of course, that is the waive this very rule. So every time amendment because of the de minimis most important thing to remember. that we have had a tax bill, the Com- requirement, and we have a specific And the critics of this amendment mittee on Rules included in the rule a section in there about capital gains. know it very well. Make no mistake, waiver of this very provision. So I just wanted to point that out. I they do not oppose this plan because it So for us now to consider this and know the gentleman may not have will not work. They oppose it because even to consider voting for it in light known that. it will work, it will prevent taxes from of our past experience, it seems to me, Mr. MORAN of Virginia. Mr. Speak- growing faster than our ability to pay, is an exercise in hypocrisy. We know it er, will the gentleman yield? and it will limit the growth of govern- will not work. And yet the same Re- Mr. BARTON of Texas. I yield to the ment. publican majority that voted this as a gentleman from Virginia. I urge support for this constitutional rule voted for each individual rule that Mr. MORAN of Virginia. I do know amendment. waived this rule as it would apply to that. In fact, I spoke to that when the Mr. CONYERS. Mr. Speaker, I yield 5 any subsequent tax bill. tax bill came up to that very provision. minutes to the gentleman from Mary- Secondly, my recollection is that the It was the Matsui provision, as I recall, land (Mr. CARDIN) a senior member of Articles of Confederation actually had on capital gains. We had to change that the Committee on Ways and Means. this as a requirement as well, a super- because it applied to small capitalized Mr. CARDIN. Mr. Speaker, let me majority for any tax increase, and it companies. But in the next tax cut bill, thank my friend from Michigan (Mr. did not work. Minority rule meant that there was a Medicare revenue increase CONYERS) for yielding me this time and our young country was not able to where we also had to waive the rule. congratulate him on the work that he function effectively. They went back Mr. CONYERS. Mr. Speaker, I yield has done in the Committee on the Judi- and they had to change it. And there myself 15 seconds. ciary. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2077 Mr. Speaker, I rise in opposition to are trying to do something about their Mr. SCARBOROUGH. Mr. Speaker, I this constitutional amendment. It re- frustration with paying taxes. yield 2 minutes to the gentleman from minds me of the debate that we had on We have the tools. As we had the Utah (Mr. COOK). another constitutional change that tools to deal with the balanced budget, Mr. COOK. Mr. Speaker, I thank the would have provided for a balanced we have the tools to deal with tax re- gentleman from Florida for yielding Federal budget. During that debate, form. Why are we not spending today me this time. Mr. Speaker, I rise in many of us pointed out that the Con- debating what type of a tax structure strong support of the tax limitation stitution is not the problem, that we we should have for this Nation? Why amendment to the Constitution. I wish have all the tools here in this body have you not brought out in 4 years a to commend the gentleman from Texas where we can do what is right, we can bill that would reform our tax struc- (Mr. BARTON) for his continuing vigi- pass the necessary laws to make the ture? Then we could have the debate lance on this important amendment. necessary corrections. that the American people would like us The need for this amendment is obvi- In 1993, we acted, we acted on the im- to have. Let us stop blaming the Con- ous. Not since World War II has the tax balance in our Federal budget. We stitution of the United States. It is our burden on American workers been so passed a new economic program for responsibility, and let us use our time high. The Federal Government already this Nation; and as a result of the ac- to have a constructive debate. has a lot more money than it needs. tion that we took in 1993, we are enjoy- Mr. SCARBOROUGH. Mr. Speaker, I Some people in Washington still do not ing a balanced Federal budget, we are yield 2 minutes to the gentleman from think that is enough. I am not one of enjoying economic prosperity, we are California (Mr. BILBRAY). those people. Americans work hard for able to have more rational budget de- Mr. BILBRAY. Mr. Speaker, today is their money and they deserve to keep bates now in these halls. April 15. I would like to take this time more of it. But, Mr. Speaker, it is interesting to congratulate my tax accountant, my It comes down to a simple matter of that if this constitutional change wife Karen, who has gone through the trust. I trust the American people to use their money directly, as they see would have been in the Constitution in last few months having to confront fit, rather than having a government 1993, we would not have been able to taxpayer after taxpayer. I have to making even more of those decisions put this Nation back on a path of a apologize to Karen, her staff and every for people. Changing the Constitution balanced Federal budget, for it was a tax consultant in America, and yes, to make it more difficult to raise taxes controversial bill. It passed by only one every taxpayer in America that we to fund new spending programs and in- vote in this body or in the other body. have put them through what we have crease additional pet projects is abso- We were able to do that because democ- done in the last few months. lutely necessary and appropriate to racy worked, majority worked, and we Now, I keep hearing from Members of Congress about how the taxes only af- make that more difficult. could benefit as a result of that action. Do not fall for the sky-is-falling ar- The Constitution is not the problem fect the rich and how the rich need to pay more and that every time a tax in- guments from some who say this with our Tax Code. Yes, Americans are amendment would tie the hands of gov- rightly upset with the taxes they have crease goes through, it is only on the rich. Let me tell my colleagues some- ernment in times of war or economic to pay and the way in which we collect downturn. The tax limitation amend- those taxes. We need tax reform. The thing. Those of us who represent the working class people of the United ment directly accommodates such situ- current majority has been talking ations. Consider the source of those ar- about that during the last 4 years, and States and people that work in busi- nesses like my wife, that have no cli- guments. They are made by the very yet we have not had a single moment same people who through their voting ent, not one client who makes over of debate in this body, on this floor, on records show that they think taxes are $100,000 a year, know the great lie that tax reform. actually too low. Bring out what the public really comes out of these chambers and out of Our Nation was founded on the prin- wants. Let us change our Tax Code. We this Capitol about ‘‘The rich are going ciple that ability and hard work should have the power to do that. But instead, to be taxed, but don’t worry, working be rewarded with economic prosperity. one day a year, on April 15 each year, class, you’ll be held harmless.’’ America has moved toward the govern- The fact is, Mr. Speaker, is that our we debate a constitutional change. The ment bearing the fruit of its citizens’ Tax Code needs to have a super- Constitution is not the problem. efforts, and I think we need to reverse majority to control the abuses of the b 1300 that course. Let us pass the tax limita- majority. That is what the Constitu- tion amendment. As my colleague from Virginia point- tion is about, to protect the individual Mr. SCARBOROUGH. Mr. Speaker, I ed out, this will not work. We reserve from the confiscation of their property yield 2 minutes to the gentlewoman supermajorities in the Constitution for by the Congress of the United States. from Illinois (Mrs. BIGGERT). process issues, not to enact substantive It should be an extraordinary issue. In (Mrs. BIGGERT asked and was given legislation. To override a presidential California, where 32 million people live, permission to revise and extend her re- veto, to pass a constitutional amend- the most progressive State of this marks.) ment, to expel a Member, that is what Union, we have had for decades the fact Mrs. BIGGERT. Mr. Speaker, I rise we reserve extraordinary super- that we have addressed the issue; there today in support of House Joint Reso- majority votes for, not policy deter- should be a supermajority before gov- lution 37, the tax limitation amend- minations. ernment goes in and confiscates pri- ment. It is April 15 again and many My friend from Virginia pointed out vate property in the form of taxes. Americans are scrambling to finish that in the 104th Congress, 4 years ago, Now, the people in California, Mr. preparing their tax returns. The mul- the Republican majority put this in Speaker, have the right of initiative. tiple, confusing and ultimately costly our rules. It has not worked. It did not They can sign petitions, get it on the forms remind us of one thing. We are work. Every time that there was an op- ballot and force it on the legislature to taxed too much, not too little. The av- portunity for the rule to prevent con- give them the protection of a super- erage American today pays over 20 per- gressional action, we waived it. As the majority when it comes time to con- cent of his or her income just in Fed- gentleman from Texas pointed out, fiscate their assets in taxes. The people eral taxes. That is up from 5 percent in well, we changed that. Yes, we changed of the United States do not have that 1934 and is the highest since World War it 2 years later. It did not work, so we right under our Constitution. That re- II. changed the rule. sponsibility lies with this body, to ini- We now have surpluses as far as the We could do that when it is a rule. tiate a constitutional amendment to eye can see, hundreds of billions of dol- You cannot do it when it is a constitu- make sure we do not abuse those ac- lars each year. One would think that tional change. You cannot just go back tions like we have in the past. I stand tax cuts would top the President’s and say, ‘‘Oh, we made a mistake, let’s in favor of the constitutional amend- agenda. But this year he has proposed change it.’’ It will not work. We know ment. I apologize to the taxpayers and more than $100 billion in new taxes and that. Yet every April 15 we come to the thank the gentleman from Florida for fees to fund new government spending. floor and tell the American people we this action. I guess old habits die hard. H2078 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Mr. Speaker, the President’s pro- tle easier to make ends meet each Well, it is strange what labels they posed tax increases in an era of budget month. We think you can make better put on themselves, because when you surplus merely emphasize that we need decisions. It is your money, after all. come to the United States Constitu- to limit the government’s ability to This constitutional amendment ties tion, they are about the most tax its citizens. The tax limitation the hands of Washington so we can ultraliberal group I have ever come amendment does this. It would require untie the hands of our families and our across in my life. They view the United a two-thirds supermajority vote in working families. I think Ronald States Constitution a little like the both houses of Congress to raise or cre- Reagan said it best. It is time someone D.C. municipal traffic code. They have ate new taxes. stood up to those in Washington who got an idea out here to amend it, to That tax money is our money and we say, ‘‘Look, here are the keys to the edit it, to change it, to alter it, as if should make it harder for the govern- Treasury, spend all you want of the our Founding Fathers had little or no ment to take it. We pay taxes today hard-earned tax dollars. It is not yours, sense about the future good of this with the knowledge that we must still anyway.’’ This amendment stands up country. work for another month before reach- for families and taxpayers, and I sup- You can mark your calendar now. ing Tax Freedom Day. Last year, Tax port it. Come next April 14 or 15, they will be Freedom Day in Illinois was May 13, Mr. CONYERS. Mr. Speaker, I am de- back here with some other idea to the seventh latest in the country. That lighted to yield 7 minutes to the gen- wreck the Constitution by putting in means that most Illinoisans had to tleman from Texas (Mr. DOGGETT). unworkable provisions, knowing that Mr. DOGGETT. Mr. Speaker, I be- work almost half the year to pay their they are dead, that they are not going lieve it was old Ben Franklin who said, Federal, State and local taxes. We are to be approved in the Congress, but ‘‘In this world nothing is as certain as taxed too much, not too little. that they have some good political death and taxes.’’ He could have well Mr. Speaker, now is the time for the cover that they offer in presenting added, in the present era in our coun- tax limitation amendment. I urge all such a proposed edit of the United try’s life, a third, which is the deter- my colleagues to do the right thing States Constitution. mination, come April 15, of the Repub- this afternoon and vote to give Con- But let us assume for a moment that lican Party to resurrect dead issues. gress the means to restore the fiscal we were to adopt this provision. What We go along in this Congress for discipline that has for so long been would the effect be? Well, I think that months upon months on end and little missing. it would be a great boon for Wash- or nothing happens. Certainly little or Mr. SCARBOROUGH. Mr. Speaker, I ington insiders and Washington lobby- nothing happens about simplifying the yield 2 minutes to the gentleman from ists in doing things the way they have Tax Code, about having genuine re- Texas (Mr. BRADY). always been done here. Because if you Mr. BRADY of Texas. Mr. Speaker, I form. But somewhere, I guess around April can get a special provision of the type thank the gentleman from Florida (Mr. Fool’s Day each year, the Republican that American citizens are so outraged SCARBOROUGH) for his leadership and leadership here in the House, they about Washington, a special pref- that of the gentleman from Texas (Mr. scratch their head and they ponder erence, a special advantage, a special BARTON) on this issue. what simplistic approach to come out tax loophole written into the Tax Code I know we are fortunate to be going with that is already dead, that will not here in Washington by your lobbyist, through very good times right now, but pass, but that will give the American so that the people across America that when I listen to my neighbors and the people the appearance that someone is do not have a lobbyist up here, they families that I represent, we have an on their side on the tax issue? And so have to pay a little more taxes so that awful lot of families that are strug- some years it is abolish the Internal someone who has got a lobbyist and a gling to make ends meet each month. Revenue Service while not replacing it fleet of limousines here in Washington School, clothes, the cost of medicine, with anything; other years like this it can pay a little less, guess what kind of car insurance, college is all so expen- is hike up the amount of votes it will vote it is going to take to eliminate sive, we have so many families, both take to approve a tax change. and reform that system if we are ever parents working as hard as they can, In the meantime, the hardworking going to change it? working harder than they ever have be- American taxpayer who is out there, It is not going to take the same sim- fore, keeping less than they ever have who would like to see a system in place ple majority that got the provision before and really living paycheck to for the collection of the taxes that are stuck in there to advantage some spe- paycheck. necessary to be the strongest and cial interest group. It is going to take, All it takes is one of your kids gets greatest Nation in the world, is out not 51 percent, it is going to take two- sick and that cost is expensive, then there wondering why the Congress does thirds to eliminate that special inter- one of your family members passes not get to work with real tax reform, est provision. That is why I call this away unexpectedly, you have got to with tax simplification, with meaning- amendment, as it is offered by its name figure out a way to travel there. I can ful changes that would make a dif- in fact, by its true name, which is the guarantee you, just when you think ference in what we all do here come ‘‘Tax Loophole Preservation’’ amend- things could not get worse financially, April 15 in paying our taxes. What they ment. That is what it is all about. your car will break down. There must are getting instead is most days, most And some of our colleagues in the Re- be a Federal law that requires that to weeks, most months this Congress publican leadership, I mean, to borrow happen. But it always seems like those doing little or nothing about tax from Will Rogers, they have never met things occur. The worst feeling in the issues, until April 15 comes along and a tax loophole they did not like. They world, whether you are a student or a they resurrect one of these old dead think if you get a tax loophole into parent or a senior, is to lie awake at ideas that they know is going nowhere, this Constitution, it is good. If the night, it is a sick feeling to lie awake in order to give the appearance that President comes along and he proposes at night thinking ‘‘How in heaven’s they are on the side of the American to eliminate some tax loophole, ‘‘Oh, name am I going to make it through taxpayer. my gosh, that’s a revenue raiser.’’ this time?’’ Let me assume for just a minute that It may be a revenue raiser that facili- The opponents of this bill say, we work to put this sorry idea into the tates our ability to provide prescrip- ‘‘Look, if you will send us more of your United States Constitution, and I have tion drugs to our senior citizens that paycheck, just send us more of your to pause just a minute there. The gen- are overburdened with prescription money, and then you can go down to a tleman from Michigan (Mr. CONYERS) drug costs. It may be a tax loophole government office and maybe stand in has so ably pointed this out already. It that closing it will allow us to provide line and fill out these forms. In a points to one of the other really some assistance to working families month or so come back and we’ll let strange contradictions of this place. who may need a child care tax credit. you know if you are eligible so we can When these Republicans came blazing But they see it as a revenue raiser and help you.’’ Our belief is just the oppo- in here with Newt Gingrich back in therefore, by its very nature, a very site. We want you to keep more of what 1995, they professed to be great con- bad and evil thing that ought to have you earn. We think it ought to be a lit- servatives. not half of this Congress plus one but April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2079 two-thirds of the Congress required to Mr. Speaker, I yield 2 minutes to the ican people to sacrifice their income eliminate it. gentleman from Virginia (Mr. GOOD- and their prosperity to make govern- If they pass this amendment, what LATTE). ment more prosperous. Today all we they will be doing is freezing into the Mr. GOODLATTE. Mr. Speaker, I are doing is asking the government to Tax Code all of the various special pro- thank the gentleman for yielding this sacrifice its income to make the Amer- visions, advantages, preferences, loop- time to me, and I say to my friend ican people more prosperous. We have holes that are already there, that from Texas that we have been pushing got to make it harder for Congress to America has been complaining about for tax relief across the board. We have spend the money, the hard-earned and asking this Congress to do some- been pushing to scrap the entire Inter- money, of the American taxpayers. thing about from time on end. nal Revenue Code which would elimi- Mr. Speaker, there are so many good b 1315 nate the vast majority, if not all of the things to do that come up every day so-called loopholes he refers to which What is an example of this kind of that we want to help with, good causes were created overwhelmingly during provision put in place by this very that sound so good when they are pre- his party’s majority rule in this House House? It would have become law had sented. But every little good thing that for more than four decades. I would say not it been brought to public attention. we try to do, in spite of evidence over to the gentleman that we simply want Mr. Speaker, it is one I think this body the years that we cannot do it nearly is very familiar with, though it cer- to correct this problem, and obfusca- as well as individuals and commu- tainly was not one of its prouder mo- tion about it is not the way to cure it. nities, every time we spend money, we Mr. Speaker, I want to thank my col- ments. take that money out of the pockets of As my colleagues know, many of us leagues on both sides of the aisle for the American taxpayers. We have got are concerned with the problems of nic- sponsoring this important legislation to make it harder to spend money. We otine addiction, one of the most serious which I rise today to strongly support. have got to stop making it harder for drug problems we face in this country. Mr. Speaker, in 1913 taxpayers remit- Americans to live their lives the way There has been great public interest in ted an average of about 8 percent of they want, to keep what they earn, to having some legislation to prevent their total income in Federal, State spend it and make decisions in their youth smoking. What proposal did this and local taxes. Today’s average family own lives. Republican leadership offer as a solu- is paying almost 40 percent of their in- Mr. Speaker, all this amendment will tion? A $50 billion tax credit for the to- come on taxes. That amounts to more do will make it a little harder for this bacco industry snuck into a bill under than the typical family spends on food, Congress to spend the money of the a title for small business tax relief, and clothing and housing combined. Not American people. It does not cut one they actually passed that through this since World War II has the tax burden program, it does not give one penny to House. Fortunately some reporters on American workers been so high. the rich, it takes nothing away. All it found out about it being hidden around Mr. Speaker, even with the federal does is force us to make it a little page 317 of the bill, and we were able to budget surplus projected at $4.9 trillion harder to spend the hard-earned money eliminate it. over the next 15 years, many in Con- of the American people. gress and the administration are call- But it is that kind of provision that, I support the amendment, and I hope ing for even higher taxes on American if snuck into the Tax Code, we will not all of my colleagues will join me. families. Mr. Speaker, this is exactly be able to eliminate it except by a two- Mr. WATT of North Carolina. Mr. why we need a tax limitation amend- thirds vote. That would be a serious Speaker, I yield 3 minutes to the gen- ment. This is the surest way to keep mistake for all of us who recognize the tlewoman from Texas (Ms. JACKSON- the hard-earned money of American need for tax simplification, tax reform LEE). and true assistance to working Ameri- families out of the hands of the Wash- ington politicians who want to raise (Ms. JACKSON-LEE of Texas asked cans. and was given permission to revise and Do not approve an amendment that their taxes and spend their money and extend her remarks.) tinkers with our Constitution but keep it in the hands of those who know would actually set back the reform best how it should be spent, the Amer- Ms. JACKSON-LEE of Texas. Mr. movement once we get a Congress in ican taxpayer. Speaker, I thank the gentleman from place that genuinely wants tax reform Mr. SCARBOROUGH. Mr. Speaker, I North Carolina for yielding this time and expresses some concern about it on yield 2 minutes to the gentleman from to me. more than one day of the year. South Carolina (Mr. DEMINT). The previous speaker made an elo- Mr. SCARBOROUGH. Mr. Speaker, I Mr. DEMINT. Mr. Speaker, I want to quent plea on behalf of the American yield myself 45 seconds just to say reassure my colleagues that a lot of people, and I wish today, on April 15, a again any change in the Tax Code re- progress is being made on tax reform, day of course that many of our con- garding these loopholes that they are and in case my colleagues have not had stituents are making their way to the so concerned about, and they should be a chance to keep up this week, we have post office or finding other ways to concerned about the loopholes because passed a budget that protects Social send in their taxes, that we were truly they perfected them over 40 years while Security and Medicare better than the deliberating on, I think, real issues they were in the majority before the President, continues funding for edu- about both the Internal Revenue Serv- gentleman from Texas (Mr. DOGGETT) cation programs and promises to re- ice and taxes. was elected in 1994; all we need is a turn over $800 billion of hard-earned One, I think it is important to note simple majority. dollars to the American taxpayers. So and it is important for America to I will once again say perhaps this is we are making a lot of progress, and know that this resolution that is on in my colleague’s eyes a dead issue. there will be real tax reform. the floor today would damage, inter- Perhaps it has come up before. But as The question is when today when I fere with and maybe keep this body my colleagues know, welfare reform leave this meeting to introduce one tax from seriously looking at a real review was killed three times by the left be- reform proposal, and my colleagues of the Tax Code to avoid some of those fore we passed it, and, of course, the will see several from the leadership loopholes of which enormous sums of balanced budget. The President and over the next couple of weeks, will our money pass the hands of those who many on the left said a balanced budg- colleagues join in the debate to truly really need it and go into the wealthy. et in 1995 would destroy the economy. reform this Tax Code? We will have to At the same time I wish the American Well, we have done it in 4 years instead wait and see. But in the meantime, Mr. constituency would realize that in our of 7. Speaker, all of us need to recognize attempt to save and preserve Social Likewise, hope springs eternal. We do that history has confirmed, and all of Security and Medicare some amount not want this to come up again next us know it, that the temptation to more than de minimis might come year. We believe it should be done this spend money in this Congress is too about in terms of a tax increase, and year, and with the help of many on the great for this body to resist. this resolution will put a dagger in the left who are now born again tax re- We know that over the last 86 years heart of saving Social Security and formers, maybe it will. this government has asked the Amer- saving Medicare. H2080 CONGRESSIONAL RECORD — HOUSE April 15, 1999 I believe the weight of that would be, taxes, they can vote for the tax in- required of them, but it has to be based in fact, more burdensome to our con- crease as well. So colleagues can have on tax fairness. stituents, the demise of Social Secu- it both ways. They can say, ‘‘You know It is so ironic that just yesterday the rity and Medicare, than we could ever what? We ought to make it more dif- House Republicans ran through a $1.74 imagine by bringing into the forefront ficult for the Members of Congress to trillion budget resolution for fiscal a two-thirds supermajority under this raise taxes on the American people, but year 2000 that was absurdly fixated on resolution to allegedly stop tax in- I also want to have the flexibility that huge tax cuts for the rich, does abso- creases. when a tax increase bill comes to the lutely nothing to extend the solvency Mr. Speaker, this is again, as I have floor, I can vote for it.’’ And if they get of Medicare, and assumes deep cuts in previously noted, a feel-good piece of 150, those who want to see and do not key domestic programs. legislation. It was fundamentally believe the American people overtaxed, Today the GAO reports that a major- wrong in the time when the 13 colonies if they get about 150 Members under ity of the largest international cor- were there under the Articles of Con- this legislation who believe the Amer- porations doing business in the United federation in the 1780’s when they ican people deserve higher taxes, then States continue to pay no Federal in- wanted nine of the colonies to vote on do my colleagues know what? They can come tax, and today, with this resolu- something. The government did not rally, and they can get 150 Members, or tion, our Republican colleagues want work then, and our Founding Fathers 160, 170, whatever that is, and they can to make sure that that does not change in their wisdom designed the Constitu- raise taxes. and to make sure that it is more dif- tion and the House of Representatives So my colleagues can have it both ficult to close any tax loopholes. and the U.S. Senate on many of these ways if they are on the fence, and if 40 Our Founding Fathers considered issues on a simple majority. But yet Members of this body who did not vote this, as has been mentioned by my col- today we want to put a knife in the for this last year vote today, guess leagues. They considered and rejected Constitution, a dagger in some of the what? We will make it more difficult, this supermajority, this two-thirds re- major programs that this country has something the American people expect quirement, because of the majority come to appreciate, the preservation of and deserve, the Congress to raise rule that they were wedded to and their national archives and monuments taxes. which has served our country so well. and parks; as I said, education, build- If my colleagues do not believe that Sometimes I think that the attempts ing new schools, insuring a secure and the American people are overtaxed, if of my colleagues to protect the assets a, if my colleagues will, strong mili- they do not want to make it more dif- of the very wealthy in our country are tary, dealing with the terrible humani- ficult for the Congress to raise taxes, subscribing to the Leona Helmsley tarian crisis in Kosovar, requiring ap- then they should oppose this legisla- quote, ‘‘Taxes are for little people.’’ propriations. And yet what we are say- tion, and they should go back home Well, I want to spend a moment talk- ing is that we want to deny this House and explain to the people they rep- ing about the real little people of of Representatives to do what it should resent: ‘‘You know what? We want to America. or do what it does best, to deliberate have as much flexibility as possible to The real little people of America are on behalf of the American people in a raise money.’’ children, the very destiny of our civili- representative manner with the right On Tax Day, when so many people zation, who continue to suffer the in- to deliberate and debate with a simple that I represent in Brooklyn and Stat- sult and injury of Republican budgets. majority under the Constitution. en Island are writing checks to the The latest Republican budget, to take I finally say, Mr. Speaker, it seems Federal Government after working the most egregious example, has privi- to me a tragedy when we have proce- hard all year? I do not think so. leged tax relief for the prosperous over dures in this House and we do not fol- Mr. Speaker, I urge strong support Head Start funding for children. low them. This legislation did not go to for the resolution. Is it fair to deny a child a proper start in life? Will that child grow up to the Committee on the Judiciary, and I b 1330 think this legislation should go no- comply voluntarily with this Tax Code, where, and we should vote on behalf of Mr. WATT of North Carolina. Mr. if that is our issue? Crucial to Amer- the American people and defeat this Speaker, I yield 3 minutes to the gen- ica’s children is the economic security legislation. tlewoman from California (Ms. PELOSI). of their families. That includes the Mr. BARTON of Texas. Mr. Speaker, Ms. PELOSI. Mr. Speaker, I thank pension security of their grandparents, I yield 2 minutes to the gentleman the gentleman from North Carolina and that means a living wage for all from New York (Mr. FOSSELLA). (Mr. WATT) for yielding me this time. working adults, and saving Social Se- (Mr. FOSSELLA asked and was given Mr. Speaker, I rise in opposition to curity, which the Democratic budget permission to revise and extend his re- this resolution that is on the floor now. did a better job at, in addition to ex- marks.) Here we are once again. Americans are tending Medicare. Mr. FOSSELLA. Mr. Speaker, I also participating in the annual rite of In addition to that, access to quality like to compliment and thank the gen- spring; of course, that is tax day, April health care and high-quality education tleman from Texas (Mr. BARTON) for 15. If one thinks it is a painful day for to large segments of the American pop- yielding me this time and also on his them, think of my family. It is my hus- ulation are values that the American hard and, I think, great efforts to get band’s birthday and he has to spend people have. Our budget, how we take this tax limitation amendment passed. this day doing the painful task of pay- in revenue, how we spend it, should be I just want to say a couple of things. ing taxes. a statement of our values. It should be One is on substance, and one is on proc- We all can take legitimate pride in based on fairness and it should prepare ess. the democratic pageantry of voluntary us for the future. On the substance of the matter, I compliance. Tax compliance, like voter I think the budget yesterday and this think this is a great debate. For those turnout, is a sensitive measure of civic resolution today do neither, and that is who believe that the American people health and it is based on an American why I urge my colleagues to vote no. are overtaxed, they have an oppor- sense of fairness. That is the main rea- Mr. BARTON of Texas. Mr. Speaker, tunity to stand up for the American son I oppose this resolution, which has I yield 21⁄2 minutes to the distinguished people, the American taxpayer, and become part of the rite of spring, an at- gentleman from Florida (Mr. STEARNS), they can vote ‘‘yes’’ on this tax limita- tempt largely on the part of our Repub- a cosponsor of the amendment. tion amendment which would simply lican colleagues to grandstand the tax Mr. STEARNS. Mr. Speaker, I would make it more difficult for the Congress issue. say to the gentlewoman from Cali- to raise taxes like so many States Certainly we would all love to live in fornia (Ms. PELOSI), happy birthday to across this country. a world where we did not have to have her husband who is working all day With respect to process, colleagues any responsibility and pay any taxes, today for the Federal Government, be- can be consistent to vote for the tax but that is not the world that we live cause he will continue to work all the limitation amendment, and, if they so in. Certainly we want our people to pay way until the end of May to pay for all desire, when the vote comes to raise the least amount of tax that should be of his taxes that he has to pay. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2081 Ms. PELOSI. At least. ican people that whenever they turn spond to the majority leader, although Mr. STEARNS. At least. So I think their eyes towards Washington, they I am tempted not even to flatter it. that this is a fair example of why we will always find that in this town there Mr. Speaker, this is a debate about need to have this tax limitation is always a certain class of people that amending the Constitution. We can amendment. have this compelling need to raise pretend that it is a debate about Benjamin Franklin did say, as the their taxes and take more of their whether we raise taxes or not, but I gentleman from Texas said, that in the money. want to remind all my colleagues that end it is all death and taxes; but the We have watched this debate today. the Republicans have been in control of problem is, he goes on to say that this We have seen a provision brought be- this Congress for the last 4 years. They is a dead idea. Arizona, Arkansas, Cali- fore this body by the gentleman from cannot get a majority to cut taxes, fornia, Colorado, they have passed this; Texas (Mr. BARTON) that says that much less a two-thirds majority to do Delaware, Florida, Louisiana, Mis- class of people ought to be restrained, anything. So we can come to the floor sissippi, Missouri, Montana, Nevada, restrained by the simple requirement of the House and harangue the Presi- Oklahoma, Oregon, South Dakota and that it takes a two-thirds majority to dent for doing this or doing that all we Washington. So these are States that raise the taxes. want, but remember, both the United believe in this concept, and I think it is It seems fairly obvious that almost States House and the United States a time that has come to this House, every person that has risen to speak on Senate are controlled by a majority of just like the balanced budget amend- behalf of that restraint has come from the Republicans, and if they want to do ment and like welfare reform. this side of the aisle and virtually ev- something constructive about it, then I remember this side of the aisle say- erybody who has spoken opposing that do it. Do not come down and go ing, oh, no, we cannot have welfare re- restraint has come from that side of through a political charade on tax day. form. We cannot have immigration re- the aisle. So it seems fairly obvious to Mr. Speaker, I reserve the balance of form. We cannot have balanced budget me, I would say to Mr. and Mrs. Amer- my time. reform. ica, when they turn their eyes towards Mr. BARTON of Texas. Mr. Speaker, When we look at our Constitution, Washington and they want to know I yield 1 minute to the gentleman from we have had lots of amendments to try who is it in this town that insists on Virginia (Mr. BLILEY), the distin- and improve it. In this case, a simple having an easier time taking their guished chairman of the Committee on two-thirds vote by both the House and money, look to the Democratic side of Commerce, who represents with dis- Senate for taxes is extremely impor- the aisle. They are the ones making tinction the Seventh District of Vir- tant, because most Americans today the argument. ginia. are paying almost 40 percent of their Democrats, for years, when we had Mr. BLILEY. Mr. Speaker, I rise income for taxes. In 1941, Federal taxes budget deficits, said, well, the solution today in support of amending the Con- were 6.7 percent of the gross domestic is raise taxes. Today we have budget stitution to require a super two-thirds product. During the 1960s, Federal surpluses; the solution is, raise taxes. majority of both Houses of Congress to taxes approached as much as 20 per- Yes, President Clinton and Vice Presi- increase Federal taxes. cent. dent Gore, in this surplus budget, pro- I want to applaud the gentleman So we need to set in place a system pose over 80 different tax increases re- from Texas (Mr. BARTON), the chairman that we cannot have taxes without a sulting in $52 billion worth of tax in- of the Subcommittee on Energy and supermajority, and of course, in the creases. Power of the Committee on Commerce, Constitution we had this supermajority Now, when we Republicans say, let us for bringing this measure to the floor standard for amending the Constitu- cut taxes, their counter is, oh, yes, the on this day, the day when most Ameri- tion, impeaching the President, ratify- Republicans want to give a tax break cans are painfully aware of how expen- ing international treaties. So why not to their rich friends. Well, we do not sive government is. have the same standard when deciding believe that is true, but I can say what Today we will pay more in taxes than to take money, literally money, from is true. When the President and the at any time since 1944, when we were in the American people out of their pock- Vice President raise taxes, they are the middle of the great World War II. It ets? So I think a supermajority is very raising taxes on whom? The poor. is too easy to raise people’s taxes. That necessary. This chart shows us that clearly. In should be the last resort and not the Although the economy is in good this chart here we show that a clear first resort. So I applaud the gen- shape right now, taxes are still the majority of the taxes go to people that tleman from Texas (Mr. BARTON), and I highest they have been since World earn $50,000 a year or less. urge all my colleagues to support this War II. So here we have the situation: We measure and send it on to the States When I hear this side say that this have this great debate going on. We for ratification. vote is going to allow tax loops for the need to restrain people from raising Mr. Speaker, I rise today in support of wealthy or this bill provides special taxes and, in particular, in this admin- amending the Constitution to require a two- provision for people, I do not know istration, from raising taxes on the thirds super-majority of both Houses of Con- what they are talking about because poor. gress to increase Federal taxes. basically whenever they start talking Why do they fight against it? Why do Today, our nation's tax policy stands at a about tax cuts for the rich they are they avoid this restraint? Well, Mr. crossroads. We can either continue down the talking about increasing big govern- Speaker, I have to say I have studied path preferred by President Clinton and con- ment. It is just a cover for it. these things for a lot of years and I can tinue to increase the tax burden on American So all this amendment basically does say I have identified three groups of families. Or, we can draw a line in the sand is say, let us try to limit this Federal people that have the privilege of tak- and take steps to make it more difficult to Government from taking more money ing and spending other people’s money. raise Federal taxes. out of our pockets. Let us have a super- They are children, thieves and politi- By passing the Tax Limitation Amendment, majority to do so. I hope all of my col- cians, and they all need more adult su- we have the power to make it more difficult for leagues will support it. pervision. That is precisely what the the Federal Government to endlessly reach Mr. BARTON of Texas. Mr. Speaker, gentleman from Texas (Mr. BARTON) of- into Americans' pockets to fund increased it is my distinct privilege and high fers, more adult supervision. spending. honor to yield 23⁄4 minutes to the gen- I would say to Mr. and Mrs. America, The Tax Limitation Amendment will require tleman from Texas (Mr. ARMEY), the if we have a two-thirds majority re- Congress to be more fiscally responsible and majority leader of the House of Rep- quirement to raise their taxes, do they think twice before increasing the tax burden. resentatives, who represents the 26th believe there will be sufficient enough Mr. Speaker, 14 states have already seen District of Texas. adult supervision to protect them from the wisdom of passing tax limitation protec- Mr. ARMEY. Mr. Speaker, I thank those who would practice the politics tions, with more states soon to follow. It is the gentleman from Texas (Mr. BAR- of greed with their money and wrap it time for the Congress to follow their lead. TON) for yielding. in the language of love? The government's ability to dip into one's Mr. Speaker, I do not suppose it will Mr. WATT of North Carolina. Mr. hard earned paycheck should never be al- come as any big surprise to the Amer- Speaker, I yield myself 1 minute to re- lowed by a mere majority. A two-thirds super H2082 CONGRESSIONAL RECORD — HOUSE April 15, 1999 majority will ensure Congress never raises lower than in States without it. This of our generation, this tax limitation taxes to pay for wasteful government spend- simple fact is proof that the intent of amendment. ing. this legislation can and will accom- As I listen to the debate, it seems Americans pay more in taxes than in food, plish its goal if we just pass it today. there are some in this body who feel clothing, and shelter combined. Put simply, The amendment would require a two- that everything that the working peo- this is a travesty. thirds supermajority vote in both ple of America earn belongs to the gov- By passing the Tax Limitation Amendment, chambers of Congress to pass any legis- ernment, and if they are good, we will Congress can send a clear message to the lation that raises taxes by more than a give them back a little of it. We will American peopleÐtax hikes are for emer- minimal amount. This resolution let them keep a little of it. gency situations. Absent war, Congress would cover income taxes, estate and There are others of us that seem to should never be able to raise taxes on the gift taxes, payroll taxes, excise taxes. feel that a person is entitled to the middle class with a mere majority. It would not cover tariffs, user fees, fruits of their labor, and it ought to be I urge my colleagues to support the Tax voluntary premiums, and other items very difficult to take it away. In fact, Limitation Amendment to help protect Amer- which are not part of the Internal Rev- one of the previous speakers said that ican paychecks from future tax increases. enue laws. we do not want to limit this body from Mr. WATT of North Carolina. Mr. The two-thirds standard is reserved doing what it does best, and they are Speaker, I yield 5 minutes to the gen- for the most important decisions, in- right, probably. What we do best is tax tleman from Texas (Mr. HALL). cluding amending the Constitution, people. What we want to do, on this (Mr. HALL of Texas asked and was ratifying international treaties, im- side, at least, and some on that side, is given permission to revise and extend peaching the President, and on and on. to stop doing what we do best in taxing his remarks.) It is time we elevate raising taxes on people. Mr. HALL of Texas. Mr. Speaker, I the American people to this same high We must ask ourselves, what kind of am honored to be here today to rise in standard that it takes to carry out any life are we going to leave to our grand- support of H.J. Res. 37, the tax limita- of these other obligations. children? What will our children point tion amendment. I admire and cer- I have worked hard to push for a to and say, this was our legacy? There tainly appreciate the gentleman from balanced budget amendment and con- are few votes we will make in Congress Texas (Mr. BARTON) and my own col- trol spending and taxing while in Con- that could have such a profound effect league over on the Democratic side, the gress. The tax limitation amendment on our grandchildren. We will balance gentleman from Virginia (Mr. GOODE), makes good sense by restoring dis- the budget this year, we will probably and others, the gentleman from Ari- cipline to our system, which has spun cut taxes over the next several years, zona (Mr. SHADEGG), who have worked out of control. but nothing that we do will prevent fu- so hard on this. Today, April 15, we can tell our con- ture Congresses from easily undoing I thank the Speaker for giving us stituents we will no longer slip tax in- that hard work. April 15 to pursue the passage of this creases through by slim margins, and This vote today is about being right amendment, and that pursuit and that commit ourselves to a direct yes or no and being responsible. It is about leav- determination is offset by the gracious- when their pocketbooks are at stake. ing a better life for our children. It is ness of my colleague, the gentleman I am proud to join the gentleman about making it more difficult to force from North Carolina (Mr. WATT), and from Virginia (Mr. VIRGIL GOODE) as my children and grandchildren to be his innate fairness to allow me to the lead Democrat on this bill. I urge faced with even higher taxes than the speak on his time when he opposes the my colleagues to join me in voting to record taxes we are now forced to pay. amendment. I thank him for that. pass the tax limitation amendment. They should be able to keep more of I want to be simple and to the point In summation, if we ever have a the money that they earn. here if I can. Today is a day that mil- balanced budget amendment, we need Unlike some individuals here in our lions of hardworking Americans have this amendment to stand side by side. Nation’s Capitol, I trust that the filed their tax returns with the Federal Otherwise, a future Congress could American people can decide for them- Government. It is a tough day for a lot balance the budget by simply raising selves better how to spend their own of people. It is also a day that most our taxes with a slim majority vote. money, and think giving too much of it have come to dread because they feel That should not be. to the Federal Government is creating that the government continues to take Mr. BARTON of Texas. Mr. Speaker, enormous difficulty for families all their taxes. We have created a situa- will the gentleman yield? across America. tion in which many Americans do not Mr. HALL of Texas. I yield to the The average working person today feel that their government responds to gentleman from Texas. spends over 40 cents of every dollar their needs, taxes them excessively, Mr. BARTON of Texas. Mr. Speaker, they earn in taxes and government continuing to spend without regard. I want to commend the gentleman fees, if we can figure all of that, almost b from Texas for his leadership. He has half. Mr. Speaker, I urge a vote for our 1345 been an original leader of this since children and grandchildren and all I hope today is the day we can return 1995. His job is more difficult because, Americans, and support for this amend- some of the confidence in the govern- while the Republican leadership sup- ment. ment to the people. The tax limitation ports this amendment, the Democratic Mr. BARTON of Texas. Mr. Speaker, amendment will return confidence by leadership does not, so I want to appre- it is my pleasure to yield 21⁄2 minutes promising that the Congress will no ciate how hard he has worked on it and to the gentleman from the great State longer raise their taxes without careful how successful he has been in getting of Colorado (Mr. TANCREDO). consideration and a two-thirds vote in support on the Democratic side. Mr. TANCREDO. Mr. Speaker, I support. Mr. HALL of Texas. I thank the gen- thank the gentleman from Texas for This would have precluded the pas- tleman from Texas, and I thank the yielding time to me. sage of a lot of bad so-called tax reform gentleman from North Carolina (Mr. During the 1970s, I think there was a acts. There would have to be a strong WATT) for his graciousness in giving trashy novel that was quite popular. I consensus among members of both par- me this time. think the title was, Fear of Flying. I ties, not just one side, to raise taxes, Mr. BARTON of Texas. Mr. Speaker, have thought about it often as I listen making sure it would be a necessity. it is my pleasure to yield 2 minutes to to debate about this, because it seems This is a simple, straightforward the gentleman from the great State of to me another novel could be written proposition that a number of States Colorado (Mr. HEFLEY), who has been by my friends on the Democratic side have already adopted and a number of very patient. of the aisle called Fear of Freedom, others are expected to consider this Mr. HEFLEY. Mr. Speaker, I thank something like that, because it really year, including my home State of the gentleman for yielding time to me. does characterize what I hear from ev- Texas. In States that require a two- Mr. Speaker, once again Congress eryone who stands up at this micro- thirds vote to increase tax rates, finds itself in the midst of one of the phone and talks about what would hap- growth in both spending and taxing is most important debates that we have pen, what a catastrophe would befall April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2083 us, if in fact we were to reduce our Mr. GOODE. Mr. Speaker, first I Today we are talking about how we ability to tax the people and give them want to commend the gentleman from are going to control the tax scene. We greater freedom. Texas (Mr. BARTON) and the gentleman both understand, all on this side under- That is the peculiar nature of this de- from Texas (Mr. HALL) for their leader- stand, that the liberals in this country bate, because that is truly what we are ship on this most important issue. I are all about tax and spend, tax and arguing here, whether or not we are on also want to thank the gentleman from spend. Today accountability and re- the side of greater individual freedom, North Carolina (Mr. WATT) for yielding sponsibility will have another ring to we believe that people should have a part of his time. it. When we talk about limiting taxes more of an opportunity to keep the Mr. Speaker, at this time when such because of a supermajority, we are money that they earn, or if we believe a large portion of our income goes to talking about helping once again inter- the government should have the ability taxes, I firmly believe that we should est rates in this country to go down to tax it away from them, and in a way have no new national tax increases un- even further. that makes it extremely easy, and as less there is a consensus in this body If we will guarantee that we will not we can see over the last 40 or 50 years, and a consensus in the country. raise taxes, I think we would see an- that all kinds of bad things have hap- I was not here in 1993 when we had a other reduction in interest rates, inter- pened in that process. very divisive tax hike in this body and est rates that rob each and every cit- The tax loopholes that my friends on in the country, but if we had had the izen in this country of the money they the left talk about, where did they tax limitation amendment, we would earn, also. come from? When my friends from the not have had a number of recent tax in- Millions, billions, and trillions are Democratic side come up and talk creases over the last decade. not always easy to understand. I want about tax loopholes being a problem, it A vote for the TLA is a vote for con- to say for the American public, to put does remind me a little bit of the child sensus, a vote for the tax limitation it into context for them today, put into that kills his parents and then throws amendment is a vote for bipartisan- other words, 1 million seconds equals 11 ship, because rarely in the history of himself on the mercy of the court be- days, 1 billion seconds equals 32 years, this body or in the history of the U.S. cause he is an orphan. and 1 trillion seconds equals 3,200 Senate have there been two-thirds of The fact is, of course, these are the years. We do not confuse million, bil- problems that were brought to us over one party in control. With the TLA, we would have to have lion, and trillion on this side. 40 years of Democratic rule in this a two-thirds vote in both bodies before The other side talks about tax and body, and on the Senate side. spend. I believe they do not understand In Colorado we had a similar debate. any tax increase would take effect. That would demand consensus and bi- where it comes from. We are going to The same exact kind of thing happened ensure that we limit this taxing and when we started talking about an at- partisanship. I believe the families and businesses in this country support con- spending. We are going to assure that tempt by an actual citizen of the State, sensus and bipartisanship. I firmly be- we talk about accountability and re- he kept putting an initiative on the lieve if we submit this amendment to sponsibility, and it is the Republican ballot called the tax limitation, and it the States, that it would be quickly Party that is standing up today, and is now referred to in Colorado as the adopted and ratified by three-fourths. conservatives across this country, who Taber amendment. Mr. BARTON of Texas. Mr. Speaker, recognize that today, April 15, is the A gentleman by the name of Douglas I yield 3 minutes to the gentleman day the truth should be told once Bruce four or five times with his own from Texas (Mr. SESSIONS). again. I support this bill. money put it in at his own initiative. Mr. SESSIONS. Mr. Speaker, I thank Mr. WATT of North Carolina. Mr. It finally passed. Every time it was de- the gentleman from Texas (Mr. BAR- Speaker, I yield 3 minutes to the gen- bated, exactly the same sort of senti- TON) for yielding time to me, and al- tleman from Massachusetts (Mr. ments were expressed by the people on lowing me an opportunity to stand up NEAL). the other side. once again and to talk about why we (Mr. NEAL of Massachusetts asked What it said is no tax at the State or need this important balanced budget and was given permission to revise and local level can be increased without a limitation amendment. extend his remarks.) majority vote of the people, which is Last year we received 238 votes on b 1400 much more severe, by the way, cer- the Floor of the House of Representa- tainly than a majority or two-thirds tives. I believe that the importance of Mr. NEAL of Massachusetts. Mr. vote of the legislature. We are talking this vote means that we are talking Speaker, I thank the gentleman from about a majority of hundreds of thou- about the future of our country. I North Carolina for yielding me this sands of people who have to vote on think what we are talking about is ac- time. every tax increase. Exactly the same countability. I believe what we are Mr. Speaker, if the famous TV char- thing was stated, that it would be the talking about is responsibility. acter George Costanza were watching end of the world as we know it. Mr. Just a few short years ago it was Re- this show today, he would say simply, Speaker, it is exactly the same thing publicans who made the case, as we ar- ‘‘This was a show about nothing.’’ that they proposed, that in fact blood gued all across this country, that mil- Nothing. It was a show about nothing would run in the streets, it would be lions, billions, and trillions, which is when the other side demanded the line the end of civilization, everything the amount of money that Congress item veto to cut the budget be applied, would collapse. deals with, was unwisely managed by and then screamed when the President But in fact do Members know what the 40 years of Democrat control. We used it, and they were relieved when has happened? We passed this in 1992. argued that we as conservatives and the courts rejected it. We have never had a more robust econ- Republicans would respect the people It was a show about nothing when omy in the State of Colorado. Jobs in- who earned this money, for in the Fifth the other side demanded a constitu- creased by the thousands, by the tens District of Texas, people deal with tional amendment to balance the budg- of thousands. It has never ever had the thousands of dollars and hundreds of et as the only way to solve our deficit kind of dismal effect that was pro- dollars, not millions, billions, and tril- problems. When it turned out that the jected. Why? Because people kept more lions, so they were looking for someone real way to do it was the way the Con- of their own money and invested it and to come to Congress who would under- stitution intended, all they had to do created jobs. That is exactly what hap- stand that difference. was vote for the President’s budget in pens when we give people control over I believe that is what I have done. I 1993, or for that matter, vote for their own dollars. have brought to Washington, D.C. the George Bush’s budget in 1991. Mr. WATT of North Carolina. Mr. same kind of responsibility and ac- It was a show about nothing when Speaker, I yield 2 minutes to the gen- countability that my colleagues have term limits were used as a campaign tleman from Virginia (Mr. GOODE). brought. Why does this matter? This device, the problem being that many of (Mr. GOODE asked and was given matters because we have been able to the devotees must have meant that it permission to revise and extend his re- control the spending that takes place should apply to somebody else other marks.) here in Washington. than to them. H2084 CONGRESSIONAL RECORD — HOUSE April 15, 1999 This is the latest show here about tion against unnecessary future tax in- revenues through tax increases or, at nothing. What they have got going at creases. the very least, keep the money here this moment is another government- Sincerely, when the tax cuts generated the addi- like gimmick. We will hear today why ARGEO PAUL CELLUCCI, tional revenue. Governor. this is bad legislation. It certainly un- This Congress is already proving 1 dermines majority rule. Mr. Speaker, I yield 2 ⁄2 minutes to that, even with the Republican major- the great gentleman from the State of It hearkens back to the Articles of ity, when we see a surplus, we tend to Indiana (Mr. SOUDER). spend it. We have millions and millions the Confederation which we could not (Mr. SOUDER asked and was given of dollars being spent every day now live under. It is even harsher than permission to revise and extend his re- over in the Balkans. We have many de- House rules that the other side passed marks.) a few years ago, which they also were Mr. SOUDER. Mr. Speaker, the ques- mands on us. We cannot in this society not able to live under. It enshrines cor- tion is: Why are we here particularly succeed without economic growth. porate tax loopholes which the Treas- today in addition to it being tax day? That means lower taxes and stop any ury Department recently pointed out When the Republicans took over Con- tax increases. are expanding at a tremendous pace. gress in January of 1995, the first major Mr. BARTON of Texas. Mr. Speaker, But what offends me the most about legislative vote for me as a Member of it is my pleasure to yield 2 minutes to this is it is inconsistent with our Con- Congress was the first item of the Con- the gentleman from Texas (Mr. PAUL). stitution. The Constitution requires a tract with America. (Mr. PAUL asked and was given per- two-thirds majority in this House in A significant number of Members in mission to revise and extend his re- only three instances: overriding a the class of 1994 were very concerned marks.) President’s veto, submission of a con- because that balanced budget amend- Mr. PAUL. Mr. Speaker, I thank the stitutional amendment to the States, ment had this particular clause taken gentleman from Texas for yielding me and expelling a Member from the out. The protection against tax in- this time. House. creases, that had been part of our Con- I would like to start off by saying This issue at this moment does not tract with America. We at that point that I admire political courage. I have rise to the level of that seriousness. We in our first legislative vote developed been fascinated by the Members from should be doing some real work today our reputation as a bunch of trouble- the other side of the aisle who have on April 15. The other bill on the floor makers in this House. been willing, in the light of day and be- is a serious bipartisan bill. As part of that compromise, we were fore the American people, to stand up Yesterday I introduced a major sim- promised that, on April 15, we would and tell us that they do like it to be plification bill that the Committee on have the opportunity, thanks to the easy to raise taxes, and they object to Ways and Means chairman last year ac- gentleman from Arizona (Mr. SHAD- making it more difficult to raise taxes. cepted, at least in part. I would much EGG), who then worked with the gen- So I admire them for that. rather be talking to my colleagues tleman from Texas (Mr. BARTON) who But we must ask, why are taxes high? today about those issues. had been a champion of this long before Taxes are high because government is But there is one good thing we can we got here, who worked out with the big. We are dealing with only one-half say about this bill today, this proposal gentleman from Texas (Mr. ARMEY), of the equation. As long as the Amer- in front of us. We did not waste any the majority leader, who had always ican people want big government, as time having any hearings on it. So I been a leading tax cutter, that we long as they want a welfare state, and guess it was not quite that serious. No would have the opportunity to point as long as they believe we should police one can argue that we wasted too much this out to the American people on this the world, taxes will remain high. time debating it, because it will be day. This is a token effort to move in the over this afternoon. Although I still voted against that right direction of eliminating taxes. But more than anything else, this balanced budget amendment for this Big government is financed in three constitutional amendment we have be- reason, a balanced budget will not different ways. First, we borrow fore us is a gimmick. The three items work unless we have tax protections, money. Borrowing is legal under the I cited earlier are very clear. Let us because if we can increase taxes, we Constitution, although that was de- end this notion of having government can balance a budget superficially be- bated at the Constitutional Conven- by gimmick and get on with the real cause it will look like we are raising tion, and the Jeffersonians lost. Some- business of this Nation. As George Co- revenue the first year, but in fact it day we should deal with that. We stanza might say, ‘‘It was a show about will continue to contract. should not be able to borrow to finance nothing.’’ The only way really to save Social big government. Mr. BARTON of Texas. Mr. Speaker, Security in this country, the only way Something that we do here in Wash- I yield myself 15 seconds. to really balance the budget in this ington which is also unconstitutional is to inflate the currency to pay for I want to put into the RECORD at this country is by cutting taxes because of point in time a letter from the Com- economic growth, an increasing pie. debt. Last year the Federal Reserve monwealth of Massachusetts, the Exec- The Reaganomics have been proven to bought Treasury debt to the tune of $43 utive Department, signed by the Gov- work once in the 1980s. billion. This helps finance big govern- ernor of the Commonwealth, Governor This time, by combining a govern- ment. This is illegal, unconstitutional, Cellucci. It says, ‘‘On behalf of the ment growth less than the combined and is damaging to our economy. But we are dealing with taxes today. Commonwealth of Massachusetts, I am rate of inflation and the economic Taxes today are at the highest peace- pleased to express my support for the growth of society, we were able to get time level ever, going over 21 percent Tax Limitation Amendment.’’ an annual surplus but only because we of the GDP. The problem is that taxes Mr. Speaker, I include the letter as had the tax cuts with it that stimu- are too high. follows: lated the growth. I commend the gentleman from COMMONWEALTH OF MASSACHUSETTS, The President can submit a balanced Boston, MA, February 4, 1999. budget here, as our majority leader Texas (Mr. BARTON) for bringing this GROVER G. NORQUIST, said a little while ago and the other measure to the floor. I would say this President, Americans for Tax Reform, speakers said, one can present a is a modest approach. Today we can Washington, DC. balanced budget, all one has to do is raise taxes with a 50 percent vote. I and DEAR MR. NORQUIST: On behalf of the Com- raise taxes. others would like to make it 100 per- monwealth of Massachusetts, I am pleased to The fact is this about our President cent. It would be great if we needed 100 express my support for the Tax Limitation and, in particular, the Vice President: percent of the people to vote to raise Amendment (TLA). taxes. I see this as a modest com- During the current time of economic pros- Vice President AL GORE did not invent perity, we must wisely prepare for the often the Internet. Vice President AL GORE promise and one of moderation. So I unpredictable tides of our national economy. invented the Internet tax. would say that I strongly endorse this The passage of the TLA will safeguard the That is the approach of this adminis- move to make it more difficult in a needs of our taxpayers and provide protec- tration. Their approach is how to raise very modest way. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2085 Mr. WATT of North Carolina. Mr. That is what this debate is about. lican in the House or Senate voted for Speaker, I yield myself 1 minute just That is what the next century is about. that. It raised taxes on 1 percent of the for the purpose of asking the gen- Every year we need to have this de- American people. It drove down inter- tleman from Texas (Mr. PAUL) a ques- bate. Every year we are going to get est rates. It improved our economy to tion. more votes than we did the year before an extent that we could then have only I take it that the gentleman believes because they are running out of ex- imagined. that government is too big and that is cuses of how to grow the government In fact, if the President had said in a function of both what it takes in and and explain the Tax Code in some un- 1993, if the President had said, ‘‘I have what goes out, what it spends out. derstandable way. a plan that will lead this country to So would it be fair to say that the I regret we are denying the Demo- greater prosperity than it has ever gentleman would support a constitu- cratic Party the ability to fix the Tax been known before, and here is the tional amendment requiring a two- Code for a few hours, but it is great to package that will do it,’’ no one would thirds vote for expenditures, too? have this debate. When this debate is have believed President Clinton in 1993 Mr. PAUL. Mr. Speaker, if the gen- over, I welcome their efforts to help us if he had said what his plan would ac- tleman will yield, that sounds like a simplify the Tax Code. I am sorry we complish and has accomplished over pretty good idea. took a day out of their efforts to the last 6 years. Mr. WATT of North Carolina. Mr. change the Tax Code. We have a level of prosperity that is Speaker, I thought that might be the Mr. WATT of North Carolina. Mr. unmatched in American history, and it case. Speaker, I yield 5 minutes to the gen- is due to the fact that we bit the bullet Mr. Speaker, I reserve the balance of tleman from Maine (Mr. ALLEN). and made a tough decision then. my time. Mr. ALLEN. Mr. Speaker, I thank Now, what this rule proposes is that Mr. BARTON of Texas. Mr. Speaker, the gentleman from North Carolina for it is okay for this House to have 51 per- I yield 2 minutes to the gentleman yielding me this time. cent vote to go to war, but we need a from South Carolina (Mr. GRAHAM), one It is April 15. In April, the Repub- two-thirds to close a tax loophole. of the great congressmen from the Pal- lican constitutional amendment of the b metto State. month is always the same. Let us try 1415 Mr. GRAHAM. Mr. Speaker, I appre- once again to pass a constitutional We would need 51 percent to do some- ciate the opportunity to speak on this. amendment that would require a two- thing about Social Security and Medi- There has been a lot of humor passed thirds majority to raise taxes in any care that might involve some increase about between both sides of the aisle. amount. So here we go again. They in revenues, but we would need two- That is good. We ought to be able to have lost before over and over again, thirds to close a tax loophole. debate things and have a smile on our but let us try again. This is a bill, a constitutional face. The previous Speaker said, ‘‘Why are amendment, that basically says we There are a lot of people not smiling taxes high?’’ We have got government want to make sure that we can cut today because they are having to pay that is too big. On the other hand, they taxes for the wealthy, but we prevent taxes. This is the worst day in the are always tax talking, always talking this Congress from doing anything else world to be a Democrat because they about taking the people’s money. Well, of significance without a two-thirds have to come up here and tell every- the people’s money goes for defense. It majority if it requires some increase in body this Tax Code is a little bit off, goes for Social Security. It goes for revenues. and we would fix it if we could get on health care. It goes for education. Now, there have been a number of with fixing it. James Madison would be turning statements made about the States, but Somebody said, ‘‘This is a show over in his grave today because there the States are not responsible for Medi- about nothing.’’ Well, they have got to are only three reasons in which the care, the States are not responsible for remember this: Their show got can- Constitution requires a supermajority Social Security, the States are not re- celled. The tax-and-spend show got vote. They are all procedural matters: sponsible for national defense. And if cancelled by the American people. If the removal of a Member of the House, we go into a recession, the people of they all do not get with the program, the passage of a constitutional amend- this country will not be looking to the they you are never going to get back ment, and overriding a presidential States to pull us out of it again. on TV. veto. This bill is not needed. It is not need- People are tired of 1,000 reasons not James Madison realized the impor- ed. We have lived with this arrange- to be responsible up here. There will be tance of majority rule. What this ment where we have majority rule on 10,000 reasons offered today why we amendment attempts to do is empower substantive matters for 200 years. The cannot put some discipline in Congress one-third of this House plus one to next 200 years will be better if we have to tax the American people. block measures that would be good for majority rule on substantive matters States have done this amendment. the American people. It would do so in and we do not try to empower a minor- Those States that have passed the tax perpetuity. ity of one-third plus one to make the limitation amendment requiring a two- We do not know what this place will decisions in this House of Representa- thirds vote have taken less of the peo- be like or what issues we will have to tives. ple’s money. The day we pass this deal with 50 years from now. We will Mr. BARTON of Texas. Mr. Speaker, amendment up here is the day we take not be here, but other people will, and I yield 1 minute to the gentleman from less of the American people’s money. they may decide that it is more impor- Georgia (Mr. ISAKSON), the newest But there will never be a better issue tant to improve education or improve Member of the House but one of the to define the parties than this issue. health care and have some increase in most effective Members. Four years in a row we have had a vote taxes perhaps on the wealthy, and we, (Mr. ISAKSON asked and was given on this. Every year, we have got a ma- today, the majority would take away permission to revise and extend his re- jority. But our friends on the left are that opportunity. marks.) never going to let go of the ability to We look back. Let us look back at Mr. ISAKSON. Mr. Speaker, I com- take one’s money easily until the the last few years. Since 1982, there mend the gentleman from Texas (Mr. American people get more involved in have been six major deficit reduction BARTON) for the introduction of this this debate. acts that have been enacted, six major amendment. But the day we lose control of this laws since 1982. Five of those six have I have listened with interest to the House, if that ever happens, one thing included a combination of revenue in- constitutional references, so I would is for sure, we will never have this creases and program cuts, five of the make just a few points. It is correct amendment talked about ever again. six. President Reagan signed three of that there are only three places in the There will never be another proposal as them. George Bush signed one of them. Constitution where a two-thirds vote is long as the other side is in charge to President Clinton signed one of them. required, but one of those is to amend limit the ability of the Federal Govern- They included revenue increases. the Constitution. ment to take one’s money in some rea- Let us take the one that President Our Founding Fathers knew they sonable way. Clinton signed in 1993. Not one Repub- could not contemplate everything that H2086 CONGRESSIONAL RECORD — HOUSE April 15, 1999 would happen, but they knew a legisla- COMMONWEALTH OF PENNSYLVANIA, crease spending. This year President tive body needed to be prepared to deal OFFICE OF THE GOVERNOR, Clinton has proposed to raise taxes by with it. That is why they had a con- Harrisburg, January 15, 1999. $174 billion over the next 10 years. Mr. GROVER G. NORQUIST, stitutional amendment privilege. That This Tax Limitation Amendment will President, Americans for Tax Reform, provide a safeguard for taxpayers and is why we have an income tax today, Washington, DC. because a Congress saw fit to impose DEAR MR. NORQUIST: I am very pleased to force the Congress and the President to one, not our Founding Fathers, and it add my name to the list of Governors endors- reduce spending and return the surplus reached a supermajority to do so. ing the Tax Limitation Amendments: to the to its rightful owner, the American Constitution to require a supermajority vote taxpayers. Americans are overtaxed Our Founding Fathers did not con- of the Congress to increase all federal taxes. and the government is too big. This template limiting the President of the The TLA will better protect taxpayers and Tax Limitation Amendment will solve restrain government spending and taxation. United States in his terms of service, both of these problems. but following the Roosevelt adminis- I have proposed a supermajority require- ment for the Commonwealth of Pennsyl- Mr. Speaker, when the Democrats con- tration this Congress and the people vania. My Taxpayer Protection Amendment trolled Congress during 1982 to 1993, they decided a limitation was appropriate. is a guarantee to Pennsylvania families and voted to increase taxes on hard working I would submit to my colleagues that employers that their taxes will not increase Americans by $666 billion. This new revenue absent a broader consensus in the legisla- was not put toward the debt or used to elimi- Madison does not roll over in his grave ture. We need to make it harder for govern- nor does Jefferson. In fact, they prob- ment to take more of the hard-earned dollars nate the deficit. Instead, it was used to in- ably stand with pride that the docu- of our citizens. crease the size and scope of Government. ment they created let us respond, in a Sincerely, And history has shown us that every time time far different from theirs, to what TOM RIDGE, Congress increases taxes, they also increase is truly in America a very valid ques- Governor. spending. tion, because they did not contemplate Mr. BARTON of Texas. Mr. Speaker, This year, President Clinton proposes to that the citizens of the United States I yield 1 minute to the gentleman from raise taxes by $174 billion over the next 10 of America would pay marginal rates the Arizona (Mr. J.D. HAYWORTH). years. What this tax limitation amendment will do is equal to 40.6 percent of their income. Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from Texas for provide a safeguard for taxpayers and force Mr. BARTON of Texas. Mr. Speaker, yielding me this time, and I rise in Congress and the President to reduce spend- I yield 1 minute to the gentleman from strong support of this amendment. ing and return the surplus to its rightful Pennsylvania (Mr. TOOMEY). It is important for this House to ownerÐthe American taxpayer. Mr. TOOMEY. Mr. Speaker, I rise in note, and for those who are citizens of Not only will they get a smaller, more effi- strong support as a proud cosponsor of this constitutional Republic to note, cient Government, but also protection from this amendment, and I am proud to that what we are talking about today higher taxes. is other people’s money. The money The President and everybody else who is submit for the RECORD a letter from spent in our Treasury is not the money against this amendment is simply admitting the great governor of my great State, of the government; it belongs to the they can't control their spending habit, and Tom Ridge, who like so many other people. And yet what we have found they still want the option of heaping the bur- governors across this country endorses over the years is that it has been easy den onto the American people. this amendment. time and again for those in this body But, at a time when taxes surpass the I find it ironic that some of my to raise taxes. amount that families pay for food, clothing and Democratic colleagues find this amend- Indeed, Mr. Speaker, I have every shelter combined, something must be done. ment such a grave assault on the prin- confidence that one of the reasons I am Americans are overtaxed and the Govern- ciple of majority rule, yet this very now here in this Chamber, representing ment is too big. The tax limitation amendment amendment will not succeed unless it the good people of the Sixth Congres- will solve both of these problems. garners a supermajority in this House. sional District, is that they would not It is time for Congress to quit taking money stand idly by when a previous House from the hard working families of America. Now, I have heard no opposition to levied on the American people the larg- They deserve to keep what they earn. The the constitutional requirement for a est tax increase in the history of the money is not ours, we did not earn it and we supermajority to amend the Constitu- world, to quote the senior Senator should not waste it. Help America's familiesÐ tion, nor have I heard any objection to from New York, who happens to be a pass this amendment. the supermajorities required by our Member of the Democratic party. Mr. BARTON of Texas. Mr. Speaker, Constitution to ratify a treaty or con- So this amendment simply says when I yield such time as he may consume to vict on articles of impeachment. It is we are going to raise taxes, we will the gentleman from Kansas, (Mr. clear to me the opponents of this make it more difficult. We will require RYUN), the former world record holder amendment do not oppose all super- a supermajority. As my colleague from in the mile. majority requirements. Rather, they Pennsylvania noted, it will take a Mr. RYUN of Kansas. Mr. Speaker, I simply oppose those which get in their supermajority to pass this amendment. rise in support of the taxation amend- way. And as American taxpayers know, this ment. By 1950, Americans worked until April 3rd in And of what does this amendment get is the right thing to do. I urge passage of the amendment. order to pay for the spending of government. in the way? It gets in the way of future Mr. BARTON of Texas. Mr. Speaker, This year, Americans will have to work until easy tax increases. This amendment I yield 1 minute to the gentleman from May 11th before they are able to take home merely says it will require a broader Texas (Mr. SAM JOHNSON), a distin- money for their families. Mr. Speaker, that's consensus of this Congress before we guished war veteran and member of the 130 days since January 1 of this year. From take even more money from the Amer- Committee on Ways and Means. New Year's Day to Mother's Day, working ican workers than we take already. (Mr. SAM JOHNSON of Texas asked families are working for the government, not There are many issues on which we and was given permission to revise and themselves. require more than a simple majority, extend his remarks.) The average hard working American house- we require a broader consensus than Mr. SAM JOHNSON of Texas. Mr. hold pays nearly $10,000 in federal taxes just 50 percent plus one, and taking Speaker, when the Democrats con- alone. still more of the fruits of American trolled Congress during 1982 to 1993, This year, those taxes, paid for by hard labor should also require a broader con- they voted to increase taxes on hard- working Americans will amount to nearly 21% working Americans by $666 billion. The sensus of Congress. I urge my col- of our gross domestic product. new revenue was not used to put to- leagues to stand up for the American Mr. Speaker, our taxes are too high. ward the debt or used to eliminate the We have a chance today, the day our taxes taxpayers and support this amend- deficit; it was used to increase the size are due, to make a statement to the American ment. and scope of government. people. Mr. Speaker, I submit the letter I re- History has shown us that every time By our vote today, we can tell the American ferred to earlier for the RECORD: Congress increases taxes they also in- people that the money they worked so hard to April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2087 earn is theirs, not ours. We can tell them that fer it remain very easy for Congress to enough government? Can we not fund they best know how to spend their money, not take their dollars that they work so defense, Medicaid and Social Security us. hard for. Well, if that is true, what with $1.815 trillion? You bet we can. Mr. Speaker, we have already spent our about the reasoning for objecting to Our government is large enough. It children and grandchildren $5.5 trillion into the resolution? What are my colleagues takes enough of our income. debt. We've already spent their tax dollars be- afraid of; to give the American people Our Tax Code is complex. It is not fore they have a chance to earn them. We an opportunity to say no? flat. Every year the taxpayers of Amer- must stop this tax and spend mentality that It ought to be very hard for us to ica have a tax increase unless we cut has dominated the last quarter of a century. take the taxpayers’ hard-earned taxes. Every year they pay a bigger Yesterday we passed a balanced budget to money. We do not spend it well, any- percentage. And so if we do nothing in stop easy spending. Today, we have the op- way. The taxpayer cannot keep us from the next 10 years, Americans will pay a portunity to stop the easy tax increase. spending it, so we should at least make whole lot more in taxes. By requiring a two-thirds super-majority vote it harder for us to collect it. It is not about nothing, it is about in both houses of Congress we ensure true Three-quarters of our states would have to controlling the uncontrolled growth of accountability, true consensus, and true bipar- approve the Amendment before it became the Federal Government. Congress his- tisanship on the need for any tax increase. law. Are you afraid that in reality, there aren't torically has not made the tough deci- Mr. Speaker, I encourage my colleagues on even a dozen states that would agree with sions to cut wasteful programs that no both sides of the aisle to vote for the Tax Limi- you? longer are needed. It has been easier to tation Amendment. Or maybe you believe the American people raise taxes, and it should not be. Mr. BARTON of Texas. Mr. Speaker, and the states just aren't knowledgeable This amendment will not make it I yield 2 minutes to the gentleman enough to make the right decisionÐat least, easier, it will force Congress to do its from Georgia (Mr. NORWOOD), whose the right decision according to you, and the in- job and allocate $1.815 trillion because State is the home of the Master’s Golf side-the-beltway crowd. that is enough Federal Government. Tournament. My friends, that kind of thinking is why we Mr. BARTON of Texas. Mr. Speaker, (Mr. NORWOOD asked and was given went to war with Great Britain to win our inde- may I inquire as to the amount of time permission to revise and extend his re- pendence. we have? marks.) This city, this Congress, the President, the The SPEAKER pro tempore. The gen- Mr. NORWOOD. Mr. Speaker, I thank Supreme CourtÐnone of these determine the tleman from Texas (Mr. BARTON) has 15 the gentleman for bringing this up. Constitution. The people do. We serve themÐ minutes remaining, and the gentleman I rise today with our colleagues to they don't serve us. from North Carolina (Mr. WATT) has support H.J.Res. 37, the Tax Limitation They decide the lawÐand you seek to take 161⁄2 minutes remaining. Amendment. The resolution asks sim- their right to self-government away. If not, Mr. BARTON of Texas. Mr. Speaker, ply for a two-thirds supermajority in what are you afraid of? I yield 1 minute to the gentleman from both Houses to approve any Federal in- Maybe it's the fact that the American people Arizona (Mr. SALMON). come tax. have different ideas about how to run this (Mr. SALMON asked and was given Now, I could not help but observe countryÐand where I come from, the people permission to revise and extend his re- what the gentleman from Maine said. still rule. marks.) He said James Madison would be roll- The American public demands account- Mr. SALMON. Mr. Speaker, every ing over in his grave today because we ability and fiscal responsibility on the part of its year we debate a constitutional amend- might be amending the Constitution. I elected officials when considering tax in- ment to limit Congress’ ability to can tell my colleague what would cause creases. spend other people’s money, and every James Madison to roll over in his grave For this reason, nearly two dozen states year the tax-and-spend caucus comes today, and that would be if he had to have either already enacted or are considering down to the floor to tell us such an file a 1040 form that he could not have tax limitation protection. amendment is unnecessary and that it had any idea that we would have ever These standards of limitation have resulted is dangerous. gotten to. in the slowing down of taxing and spending Dangerous for whom? Working fami- The gentleman from Massachusetts growth. lies that are requiring two incomes to stood up and said this is about nothing. Meanwhile, the job rates in these states pay for their taxes? Overtaxed single Well, I beg his pardon, it is about some- have grown, and their residents have more mothers who cannot afford to feed and thing. It is about taking the livelihood money to add to the economy. clothe their children? How about fam- away from hard-working Americans. The American economy is on a roll, fueled ily businesses that must be liquidated We do not ask them on a voluntary by hard work, and need not be slowed down to pay the death taxes? Do these people basis to please send in some taxes; or by future tax increases. A supermajority re- have any reason to fear a constitu- would they not like to help out this quirement to pass any increase, would vali- tional amendment? Of course not. time. We tell them to send in their date the fact that two-thirds of residents in Even more laughable is the notion taxes to this Congress so that we can states that have passed such legislation are in that this amendment is unnecessary. spend it, or we will turn the Justice support of doing so. The American family currently pays Department loose on them and put In furtherance of states' support for these over 25 percent of its income to the them in jail. measures, the governors of New York, Florida, Federal Government in the form of Now, that is a very serious thing that Texas, Pennsylvania, New Jersey and nine taxes. This figure is up from just 2 per- we do to the American people that are other states have given their backing. cent 40 years ago. trying to prepare to have their first I urge my colleagues to listen to the senti- In fact, taxes have been become the home, trying to prepare to send their ments of the American public on tax day 1999. single largest expenditure for the children to school or prepare for their I understand that amending the constitution is American family. More is spent on own retirement. serious business. taxes than housing, food and clothing I have a question for those who would That's why it is left up to the states, instead combined. Yet despite this, opponents oppose this amendment. Why are they of this body. of this amendment want us to believe afraid of the American people and the Let the states and the people decide. They this amendment is unnecessary. Give States? If we pass this resolution in the rule, not us. Support the Tax Limitation me a break. House and Senate, we have not passed Amendment. Of course, the real reason for the tax- the amendment, we will have only al- Mr. BARTON of Texas. Mr. Speaker, and-spend caucus opposing this amend- lowed the States and the people to ulti- I yield 1 minute to the gentleman from ment is because limiting taxes would mately decide this issue. Pennsylvania (Mr. PETERSON). limit their power. If government con- Those of my colleagues that would Mr. PETERSON of Pennsylvania. Mr. fiscates less of the taxpayers’ money, it decry this measure to curtail unneces- Speaker, yes, it is April 15, and Ameri- will be harder to spend money, which is sary future tax increases claim, oh, cans will pay more in taxes than they the sole reason for their existence. this is unfair; that the American peo- have ever paid before this year. In fact, I freely admit I support this amend- ple do not really want it, that they pre- they will pay $1.815 trillion. Is that not ment because I believe the Federal H2088 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Government taxes too much and spends For over 25 years the workers at the IRS The SPEAKER pro tempore. The gen- too much. It would be nice to see simi- Brookhaven Service Center, in Holtsville, tleman may state his inquiry. lar candor on the other side. I urge my Brookhaven Town, Long Island, have done Mr. BARTON of Texas. Mr. Speaker, colleagues to support this amendment. their best to mentor the taxpayers of Eastern we have two additional speakers, my- Mr. BARTON of Texas. Mr. Speaker, Long Island by answering thousands of tax- self and the gentleman from Arizona I yield 1 minute to the gentleman from payers' calls on a toll free line and resolving (Mr. SHADEGG), the original cosponsors, New York (Mr. FORBES). customer complaint cases. In fact, they proc- plus possibly the Speaker of the House. (Mr. FORBES asked and was given ess approximately 16 million individual and We have approximately the same permission to revise and extend his re- business returns from Montauk Point on the amount of time. marks.) East End of Long Island, to Atlantic City on Do I have to use time at this point in Mr. FORBES. Mr. Speaker, I thank the southern shore of New Jersey. time? my friend from Texas, and I appreciate Yet IRS employees are working with a code The SPEAKER pro tempore. One of tremendously his leadership on this that is confiscatory and manifestly unfair. The the two parties engaged in this debate very, very important issue. answer is to tear down the code and limit the will yield time or we will move to the For four decades it has been far too ability of Congress to build it up again. conclusion. easy for Congress to raise taxes. Rais- Mr. Speaker, I urge the passage of ``The Mr. BARTON of Texas. Further par- ing taxes robs senior citizens of their Tax Limitation Constitutional Amendment'' and liamentary inquiry, Mr. Speaker. secured retirement. Raising taxes robs the shield it will provide for Long Islanders and The SPEAKER pro tempore. The gen- families of their security. Raising all Americans against taxation. tleman may state his inquiry. taxes threatens jobs and undermines Mr. BARTON of Texas. Mr. Speaker, Mr. BARTON of Texas. What is the small businesses. I have three additional speakers, if the Speaker’s recommendation as to who This constitutional amendment is Speaker of the House shows up, so we should go now? I will follow whatever vital if we are going to make sure that are basically ready to close. If the gen- the precedence of the House is. But I the politicians cannot raise taxes eas- tleman from North Carolina (Mr. would appreciate it if my good friend ily. It takes a supermajority. That is WATT) or his designee wishes to use from North Carolina (Mr. WATT) would why I rise in support of this most im- some time, we would appreciate it. use some of his time. portant tax limitation constitutional Mr. WATT of North Carolina. Mr. Mr. WATT of North Carolina. Mr. amendment. Speaker, I reserve the balance of my Once again, Mr. Speaker, I thank my Speaker, I reserve the balance of my friend from Texas for his tremendous time, but as opposition it is our right time. The SPEAKER pro tempore. The leadership. God willing, we can get this to close anyway. Chair thinks the gentleman from North passed and bring justice to this propo- The SPEAKER pro tempore (Mr. sition to the American people. BOEHNER). The gentleman from Texas Carolina has made it clear he is reserv- The combined state, federal and local tax (Mr. BARTON) has the right to close. ing the balance of his time. burden is higher now than it has ever been. PARLIAMENTARY INQUIRY Does the gentleman from Texas wish And that is why I sponsored the measure be- Mr. WATT of North Carolina. Par- to yield time? Mr. BARTON of Texas. Mr. Speaker, fore the House todayÐ``The Tax Limitation liamentary inquiry, Mr. Speaker. I yield myself 5 minutes. Constitutional Amendment'' (H.J. Res. 37)Ð The SPEAKER pro tempore. The gen- (Mr. BARTON of Texas asked and preventing taxes from being raised unless two- tleman will state his parliamentary in- was given permission to revise and ex- thirds of the Members of Congress vote for a quiry. tend his remarks.) hike or unless it is needed to protect national Mr. WATT of North Carolina. The Mr. BARTON of Texas. Mr. Speaker, security. gentleman from Texas is not a member The average family of four is bilked to the of the jurisdictional committee, and I want to start off by putting into the tune of $3,300 in federal income tax and $960 the rules, I believe, say that the juris- RECORD the letters from the governors in state and local income tax. dictional committee and the person de- of the States that have endorsed the Excessive Federal taxes work an even fending the right of the jurisdictional Tax Limitation Amendment. greater injustice on Long Island, where we pay committee has the right to close. Time does not permit me to read each letter. But we have a letter from more for real estate, electricity, food, gasoline b 1430 and other necessities than any other area in the Governor of Texas. We have a let- The SPEAKER pro tempore (Mr. the entire country. That is why I have made ter from the Governor of New York. We BOEHNER). By order of the House, the scrapping the current tax code my priority and have a letter from the Governor of gentleman from Texas (Mr. BARTON) sponsored legislation to that end. Florida. We have a letter from the Gov- Until the day we rid ourselves of the current was made manager of the bill and, as ernor of New Jersey. We have a letter code I will continue to fight battles to rectify its such, has the right to close. from the Governor of Connecticut. We worst injustices. For example, I have spon- PARLIAMENTARY INQUIRY have a letter from the Governor of Ari- sored legislation to eliminate the Marriage Mr. WATT of North Carolina. Mr. zona. We have a letter from the Gov- Penalty, the Death Tax and taxes on Social Speaker, parliamentary inquiry. ernor of the Commonwealth of Massa- Security Benefits. The SPEAKER pro tempore. The gen- chusetts. We have a letter from the The government forces the average married tleman may state his inquiry. Governor of the great State of Mis- working couple, living hand-to-mouth, to pay Mr. WATT of North Carolina. Mr. sissippi. We have a letter from the Gov- almost $1,400 more in taxes than single peo- Speaker, I do not see that anything in ernor of Oklahoma. We have a letter ple. The federal gas tax adds 18.4 cents each the rule that brought this matter to from the Governor of Colorado. We time they fill their tank and head to work. the floor mentions the gentleman from have a letter from the Governor of Ar- When they invest what's left of their salary Texas (Mr. BARTON). kansas. We have a letter from the Gov- after income taxes in order to get ahead, the The SPEAKER pro tempore. There ernor of North Dakota. And we have Federal Government forces them to pay an was a unanimous consent agreement previously put into the RECORD a letter additional Capital Gains Tax on any increase entered into earlier in this debate. from the Governor of Pennsylvania. they make from the investment. There was no objection raised. The gen- These governors support tax limita- Upon retirement, they will become entitled tleman from Texas, by unanimous con- tion, for one simple reason, it works. to benefits from the Social Security program sent, was made manager of this piece of There are 14 States that have tax they have invested in over the years, but the legislation on the floor today and, limitation, either constitutional re- government taxes that too. Finally, after dec- therefore, does in fact have the right to quirements or legislative require- ades of working to leave a legacy for their close. ments; and in those 14 States, the Her- children, the Federal Government takes up to Mr. WATT of North Carolina. Mr. itage Foundation did a study several 55 percent of the very same property they've Speaker, I reserve the balance of my years ago and came to the conclusion paid taxes on their entire live. time. that in every State that had it, taxes Mr. Speaker, let's not forget the rank and PARLIAMENTARY INQUIRY were lower. They went up slower. Con- file workers at the Internal Revenue Service Mr. BARTON of Texas. Parliamen- sequently, economic growth was faster are injured by the code as well. tary inquiry, Mr. Speaker. and more people got jobs more quickly. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2089 The original Constitution as passed taxes, and we want to raise the bar in ability to tax without the consent of the in 1787 had a direct prohibition in Arti- the Senate by 17 votes to go from 50 to governed. It is time that taxpayers be pro- cle I, section 9, against direct taxes. We 67. It is basic math. It works. We need tected in Congress as well. referred to that earlier in the debate. to raise the bar. You have my support on this important We will put that into the RECORD at This shows that in the States that issue. the appropriate time. But in February have it, this again is the Heritage Sincerely, BILL OWENS, of 1913, there was a 16th Amendment to Foundation study, it is several years Governor. the Constitution. That amendment old so it is not current through 1997, said that it was constitutional to levy but it shows the percentages of how STATE OF OKLAHOMA, a direct tax, like an income tax, on the each State’s tax rate went up compared Oklahoma City, December 15, 1998. American people. to those States that did not have tax Mr. GROVER C. NORQUIST, Since that time, the marginal tax limitation and the spending. President, Americans for Tax Reform, rate on the American people has gone I encourage every Member of the Washington, DC. from 1 percent to 39.8 percent. That is House to listen to their constituents, DEAR MR. NORQUIST: I am proud to join my an increase of 4,000 percent. When we vote for the Tax Limitation Amend- fellow Governors who are supporting the Tax finish collecting the income taxes this ment later today. Limitation Amendment. Many states, in- evening at midnight, the American Mr. Speaker, I include for the cluding Oklahoma, already have similar re- strictions on the power of the legislative people will have paid in in the past tax RECORD the following governors’ let- branch to arbitrarily increase taxes. The year in income taxes over $800 billion. ters that I referred to: $800 billion. And if we include Social TLA should be adopted at the federal level to STATE OF NORTH DAKOTA, protect the taxpayer and to restrain spend- Security tax and Medicare taxes, that Bismarck, ND, January 19, 1999. ing and taxation. tax burden rises to over $1 trillion on Mr. GROVER G. NORQUIST, Sincerely, the American taxpayers. President Americans for Tax Reform, FRANK KEATING, Enough is enough. To my left, we Washington, DC. Governor. have the items in the Constitution at DEAR MR. NORQUIST: I join with other gov- its passage where a supermajority vote ernors in strongly endorsing your efforts to win passage of the Tax Limitation Amend- STATE OF MISSISSIPPI, was required. Time does not permit me ment. In North Dakota, I used my State to Jackson, MS, January 20, 1999. to go through all of them. But we can the State address to call for a legislative Mr. GROVER G. NORQUIST, see that there are 10 examples for a supermajority to pass any increase in sales President, Americans for Tax Reform, new State to come into the Union it or income tax. The need for such institu- Washington, DC. took a two-thirds vote. To ratify a tionalized fiscal discipline is even greater at DEAR GROVER: I am an ardent proponent of treaty, it took a two-thirds vote. To the federal level. the Tax Limitation Amendment that re- convict a President that had been im- Congratulations on your campaign to pro- quires a two-thirds vote to raise taxes in the tect America’s taxpayers through the Tax United States Congress. Elected officials peached by the House, it took a two- have been entrusted by the people to guard thirds vote. And to amend the Con- Limitation Amendment! I wish you great success on this important project. their tax dollars vigorously in government stitution, it took a two-thirds vote. Sincerely, treasuries. Every decision should be made It is ironic to me that we are on the EDWARD T. SCHAFER, with the knowledge that money spent is de- floor today, having won this debate Governor. rived from the toil and sweat of the citizens. every year we have had it, we had the The growth of government and the in- majority vote; the three previous times STATE OF ARKANSAS, crease in taxes necessitate the Tax Limita- that we brought it up on the House February 11, 1999. tion Amendment. Raising taxes should re- floor, we won every vote. We got a ma- Mr. GROVER G. NORQUIST, quire a supermajority. We have all seen the jority of the Congress, Republicans and President, Americans for Tax Reform, consequences of this restriction’s absence. I some Democrats, to vote for tax limi- Washington, DC. encourage Congress to pass this amendment. tation. But we have not met the con- DEAR GROVER: Raising taxes on hard-work- it is critical to our state and nation that the ing Arkansans should never be done without supermajority requirement is enacted by the stitutional burden of a two-thirds a consensus of the members of Congress and Congress. supermajority. And I am fine with the American people. That’s why I support The State of Mississippi does have a super- that. the Tax Limitation Amendment. majority requirement to raise taxes. How- We are going to win this two-thirds This amendment should make it impos- ever, we also have a requirement that a vote some day. Perhaps today is the sible for a bare majority to raise taxes. The supermajority is necessary to lower taxes. day. But if we do not, we will come current method has led to an intolerable bur- Changing this restriction has been part of back until we do. It only makes sense den on American workers and aided the our legislative agenda many times, including to me, since the original Constitution growth of big government. this year. said we cannot levy an income tax. We It currently requires the same majority to Thank you for the diligent, effective work raise taxes as it does to declare National Ba- had 100 percent prohibition against it of Americans for Tax Reform on behalf of nana Peel Week. That is wrong. Raising our citizens. I look forward to passage of the in 1787. It is only since 1913 that we taxes should require a high enough threshold have allowed an income tax. It makes Tax Limitation Amendment. that elected officials do it only when there is Sincerely, sense to me, if we are going to have a clear and compelling reason. KIRK FORDICE, these direct taxes, we ought to raise With so many special interests demanding Governor. the bar. more and more of our tax dollars, I’m thank- We ought to require a supermajority, ful you are fighting for the American people. THE COMMONWEALTH OF all the Republicans and some Demo- Good luck and God bless. Sincerely yours, MASSACHUSETTS, crats, or all the Democrats and some Boston, MA, February 4, 1999. Republicans, or some of both parties MIKE HUCKABEE, Governor. GROVER G. NORQUIST, and maybe the Independents, to vote President, Americans for Tax Reform, Washington, DC. that there is a consensus in the coun- STATE OF COLORADO, try that taxes need to be raised. Dever, CO, February 4, 1999. DEAR MR. NORQUIST: On behalf of the Com- This is a very simple concept in Mr. GROVER C. NORQUIST, monwealth of Massachusetts, I am pleased to terms of the amendment. Is one-half President, Americans for Tax Reform, express my support for the Tax Limitation larger than two-thirds? If my col- Washington, DC. Amendment (TLA). leagues took fractions back in elemen- DEAR GROVER: It is with pleasure that I During the current time of economic pros- tary school, they can go through the join my fellow Governors in supporting the perity, we must wisely prepare for the often math better than I. One-half equals Tax Limitation Amendment. Our Founding unpredictable tides of our national economy. three-sixths. Two-thirds equals four- Fathers fought for America’s independence The passage of the TLA will safeguard the in part to be free of arbitrary and capricious needs of our taxpayers and provide protec- sixths. Four-sixths is greater than taxes imposed on the citizenry. I believe that tion against unnecessary future tax in- three-sixths by one-sixth. One-sixth is limiting the power of Congress to tax follows creases. an additional 70 votes. in this proud tradition. Sincerely, We want to raise the bar in the House In Colorado, all levels of government— ARGEO PAUL CELLUCCI, by 70 votes to require 291 votes to raise state, county, local—are constrained in their Governor. H2090 CONGRESSIONAL RECORD — HOUSE April 15, 1999

STATE OF ARIZONA, December 30, 1998. sider first eliminating unnecessary govern- taxes and make fiscal integrity the law of Mr. GROVER G. NORQUIST, ment spending before rushing to propose tax the land in New York State. The act of rais- President, Americans For Tax Reform, increases as a way to finance government ing taxes is a destructive act and should Washington, DC. initiatives. A super-majority requirement therefore be a difficult act. To meet that DEAR MR. NORQUIST: I am pleased to add will not mandate tax cuts nor will it prohibit standard, I have proposed a State constitu- my name to your list of Governors, State tax increases, but it will require a broader tional amendment to require approval by a Legislators, Congressmen and women, and consensus among legislators before seeking a two-thirds majority of the Legislature to others who are endorsing a Federal Tax Lim- greater share of taxpayers’ earnings. raise State taxes and also firmly support the itation Amendment. As you know, this The fiscal policies adopted at any level of enactment of Tax Limitation Amendment at amendment would require a two-thirds ma- government influence the economic well- the federal level. jority of Congress to increase all federal being of the surrounding community, state, By putting the people’s money in a safe taxes. I am also pleased that Arizona’s Con- or nation, and requiring a broader consensus place where it cannot be touched, we are gressman John Shadegg and Senator Jon Kyl to raise taxes is practical change that will taking the prudent step of guaranteeing that are key sponsors. likely result in more money circulating in it is returned to the taxpayers. We, in Arizona, have been operating for the private sector, the primary creator of Very truly yours, several years now with a similar amendment jobs and the stimulant for economic growth. GEORGE E. PATAKI, to our State Constitution. Proposition 108 As a Governor who has used the tax code to Governor. was passed by the voters in 1992 and requires stimulate growth and job creation, I call on STATE OF TEXAS, a two-thirds majority of the Arizona Legisla- Congress to enact the Tax Limitation OFFICE OF THE GOVERNOR, ture to increase state revenues, broadly de- Amendment as a sensible safeguard against Austin, TX, April 5, 1999. fined. unnecessary tax increases. Hon. JOE BARTON, Since the passage of Proposition 108 with Sincerely yours, House of Representatives, Rayburn House Office 72% of the popular vote, we have been con- CHRISTINE TODD WHITMAN, Building, Washington, DC tinuously cutting taxes in Arizona. In fact, Governor. DEAR REPRESENTATIVE BARTON: I am cumulative tax cuts enacted since 1992 are STATE OF FLORIDA, pleased that you are continuing your efforts now over $1.3 billion, which is equivalent to OFFICE OF THE GOVERNOR, to pass the Tax Limitation Amendment to over 20% of Arizona’s general operating Tallahassee, FL, March 23, 1999. require a supermajority for the Congress to budget. Meanwhile, state revenues have con- Mr. GROVER G. NORQUIST, increase federal taxes. tinued to grow, we have set aside nearly $400 President, American For Tax Reform, Limited government provides the greatest million in budget stabilization funds, and we Washington, DC. freedom to the American people, and the concluded last fiscal year with a record sur- DEAR GROVER: Tax limitation is important freedom to spend their hard-earned money as plus of over $500 million. at all levels of government. Reflecting my they see fit is a fundamental principle we I am sure you would agree that the govern- strong belief in limited government, I re- share. By requiring a two-thirds Congres- ment closest to the people governs the best cently called for a $1.2 billion tax cut in sional majority to raise taxes, we can assure (and probably the least). Therefore, we must Florida, the largest in state history. Simply that the federal government will not con- hold our President and Congressional leaders put, it’s not our money; it’s the people’s tinue to intrude into the lives of American to a higher standard when they are inclined money. We should protect their savings and taxpayers and into affairs that are properly to raise our taxes. With federal taxes equal income the best we know how. handled by state and local governments. to one-fifth of our total national economic This is a philosophy that I think should be Best wishes in your important endeavors. output, it is time to build a higher barrier to practiced at the federal level as well. There- Sincerely, further federal tax increases. fore, I would be honored to join my fellow GEORGE W. BUSH, Therefore, I strongly support you in your Governors in supporting the Tax Limitation Governor. efforts to secure Congressional passage of Amendment. Thank you again, Grover, for Mr. WATT of North Carolina. Mr. the Tax Limitation Amendment! coming to me with such an important issue. Sincerely, Sincerely, Speaker, I just wanted to inquire JANE DEE HULL, JEB BUSH, whether the gentleman from Texas Governor. Governor. (Mr. BARTON) made a unanimous con- STATE OF NEW YORK, sent request to offer those matters for STATE OF CONNECTICUT, OFFICE OF THE GOVERNOR, the RECORD? EXECUTIVE CHAMBERS, Albany, NY, January 28, 1999. The SPEAKER pro tempore. The gen- Hartford, CT, March 4, 1999. Mr. GROVER G. NORQUIST, tleman did ask unanimous consent to Mr. GROVER G. NORQUIST, President, Americans For Tax Reform, revise and extend his remarks. President, Americans for Tax Reform, Washington, DC. Did the gentleman from Texas want Washington, DC. DEAR MR. NORQUIST, thank you for your re- DEAR MR. NORQUIST: I join with other gov- cent letter requesting support for the Tax to enter the letters that he referred to ernors endorsing your efforts to gain support Limitation Amendment vote. I am proud to into the RECORD? for the Federal Tax Limitation Amendment. concur with Americans For Tax Reform in Mr. BARTON of Texas. I did, Mr. This legislation would require a super- urging Congress to pass the Tax Limitation Speaker, and I thought I had asked for majority to increase all federal taxes. Adop- Amendment. unanimous consent to do that. tion of this amendment would ensure fiscal Our commitment as public servants ought Mr. WATT of North Carolina. Mr. discipline and protect America’s taxpayers. to be to promote efficient government, Speaker, we have no objection. I just I wish you great success on your important which means cutting taxes, first and fore- want to make sure he got them in the project and I look forward to passage of the most. It is a commitment to freedom, since Tax Limitation Amendment. we know that to deny people their economic RECORD. I did not think he ever did. Sincerely, freedom-through excessive taxation or over The SPEAKER pro tempore. Without JOHN G. ROWLAND, regulation—is to deny them their right to objection, the letters referred to will Governor. create opportunities and to pursue their be made part of the RECORD. dreams. There was no objection. STATE OF NEW JERSEY, New York is leading the nation in cutting Mr. WATT of North Carolina. Mr. OFFICE OF THE GOVERNOR, taxes and leading America into a new cen- Speaker, I ask unanimous consent to tury of hope and opportunity. Since I have Trenton, NJ, February 5, 1999. submit for the RECORD a study of the Mr. GROVER G. NORQUIST, been in office, we have cut taxes 36 times, re- Center on Budget and Policy Priorities, President, Americans for Tax Reform, turning more than $19 billion to taxpayers; Washington, DC. created more than 400,000 net new private which responds to the Heritage Foun- DEAR MR. NORQUIST: Please register my sector jobs, bringing the number of private dation’s study referred to by the gen- strong support in calling on Congress to pass sector jobs to its highest level in history; re- tleman from Texas (Mr. BARTON). by April 15, 1999, the bipartisan Tax Limita- duced the number of people on welfare by The SPEAKER pro tempore. Is there tion Amendment to the U.S. Constitution as 608,000, dropping the rolls to the lowest level objection to the request of the gen- drafted by U.S. Senator Jon Kyl, and Rep. since 1968; and led the nation in reducing all tleman from North Carolina? Joe Barton, Rep. Ralph Hall, and Rep. John crimes in 1997, making our communities There was no objection. Shadegg. safer than they have been since 1970. We have The study referred to is as follows: I support a two-thirds vote requirement to shown that we have the courage to bring DO STATES WITH SUPERMAJORITIES HAVE raise taxes both at the federal level and about change for the good of ourselves and SMALLER TAX INCREASES OR FASTER ECO- within the New Jersey Legislature as a our children, and for that we can be proud. means of preventing unwarranted tax in- Four years of tax cuts have created strong- NOMIC GROWTH THAN OTHER STATES? creases from stifling economic growth and er families, a stronger economy and a (By Iris J. Lav and Nicholas Johnson) blighting job creation. A super-majority re- stronger New York. In order to protect tax- The Heritage Foundation contends that quirement will force budget writers to con- payers now and in the future, we must lower states in which a supermajority vote of the April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2091 legislature is required to raise taxes have ex- capita from 1984 to 1993, two other years fall- local governments to raise their taxes. Be- perienced faster economic growth and fewer ing at similar points in the business cycle. cause of these potential shifts, a measure tax increases than other states. A March 1996 The factors affecting state economic that includes both state and local taxes Heritage report looks at the seven states growth are far more complex than pro- should be considered. that have had supermajority requirements in ponents of supermajority requirements typi- An additional shortcoming of the state tax place for a number of years—Arkansas, Cali- cally acknowledge. Such factors include the series Heritage uses is that it excludes many fornia, Delaware, Florida, Louisiana, Mis- interplay of state supermajority require- tax-like ‘‘fees.’’ A more comprehensive meas- sissippi, and South Dakota—and finds that ments typically acknowledge. Such factors ure, state and local revenues, includes rev- five of the seven states experienced slower include the interplay of state resource en- enue sources such as fees and lottery pro- than average growth in tax revenue. It also dowments, labor force skills, location, and ceeds that may be substituted for revenues finds that five of the seven states (but not level of public investment and state services, from taxes. the same five states) experienced faster eco- among others. A far more sophisticated anal- Lastly, the Heritage study measures tax nomic growth than the average state. The ysis would be required to discern any effect burden by calculating the amount of tax rev- Heritage report suggests a causal link be- supermajority requirements might or might enue per resident. Many analysts find it tween supermajority limits, lower taxes, and not have on state tax burdens or state econo- more appropriate to measure taxes as a per- faster economic growth, saying ‘‘. . . there is mies. no escaping the logical relationship between centage of residents’ incomes. Because dif- HERITAGE’S CHOICES OF DATA MAY SKEW fering wage levels in different states affect supermajorities and superior state perform- RESULTS ance.’’ 1 both residents’ incomes and the cost of pro- This simplistic analysis is flawed in a num- In preparing its report, the Heritage Foun- viding government services, measuring taxes ber of ways. It relies on only one among a dation made choices that may have skewed as a percentage of income provides a more number of possible measures of economic the results of its analysis. The questionable meaningful comparison of tax levels and growth. It considers only state-level tax choices include the time periods analyzed, changes in tax burden over time. the measure of state economic growth, and changes rather than changes in total state ALTERNATIVE TIME PERIODS AND MEASURE- and local revenues, despite the capacity of the measure of tax burden. The Heritage report compares state eco- MENTS YIELD RESULTS DIFFERENT FROM THE states to shift costs and responsibilities to HERITAGE RESULTS local governments. And it compares 1980, a nomic growth and changes in taxes from 1980 year in which the economy was turning down to 1992, which are years that represent two Results quite different from those pre- into a mild recession, with 1992, a year at the different points in the ‘‘business cycle.’’ In sented in the Heritage report may be ob- beginning of an economic recovery. If one 1980, the economy turned down from the tained by an analysis that matches up simi- chooses more appropriate data series to peak of an economic expansion into a mild lar points in the business cycle and considers measure revenues and economic growth and recession; in 1992 the economy was beginning a variety of measurements of economic ac- adjusts the time periods to represent similar its upswing from the deep 1990–91 recession. tivity and revenues. Depending on the choice points in the business cycle, conclusions op- State tax policy and state economic growth of time frame and methodology, such com- posite to those Heritage has presented may each are very sensitive to the business cycle, parisons may actually show that super- be drawn. The fact that different analytical and different state economies react dif- majority requirements are associated with choices lead to different results should serve ferently to economic downturns and up- increased taxes and slower economic growth. as a caution that no supportable conclusions swings. An accurate picture of state changes Table 1 compares the economic growth of can be drawn from the type of simplistic requires comparing two years at similar the seven supermajority states relative to analysis Heritage has conducted. points in the business cycle. average growth in all states. Three different Heritage chose Gross State Product (GSP) By some measures, supermajority states measures of growth and two different recent as its measure of state economic growth; have had lower economic growth and more time periods beginning and ending at similar GSP measures the total output of all indus- tax increases than other states. For example: points in the business cycle are considered. tries within a state. A different measure, Five of the seven states with super- Taken together, these measures show no personal income, is more often used to gauge majority requirements experienced lower- clear connection between supermajority re- state economic activity. Personal income than-average economic growth measured by quirements and economic growth. (See ap- measures the total income of state residents, change in per capita personal income be- pendix tables for detailed comparisons.) tween 1979 and 1989, two years at similar including income from out-of-state sources. By most measures, the supermajority points in the business cycle. Personal income per capita measures the Four of the seven supermajority states had economic well-being of an average resident, states split almost down the middle (4–3 or 3– lower-than-average economic growth meas- which may best reflect the goal of state eco- 4)—about half experienced stronger economic ured by change in Gross State Product from nomic policy. growth than the national average, while the 1979 to 1989. Similarly, Heritage chose to consider only other half had weaker growth. Six of the seven states with supermajority taxes levied at the state level. Yet when By one method of measuring economic requirements had higher-than-average state taxes are constrained, state legisla- growth—change in per-capita personal in- growth of state and local revenues as a per- tures may meet their responsibilities for pro- come from 1979 to 1989—only two of the cent of residents’ incomes from 1979 to 1989. viding services by shifting new responsibil- supermajority states outperformed the na- Five of the seven states had higher-than- ities to local governments or by cutting tional economy; the other five had lower eco- average increases in state and local taxes per local aid. Either course of action can lead nomic growth than the average state. TABLE 1.—PORTION OF SUPERMAJORITY STATES WITH STRONGER-THAN-AVERAGE ECONOMIC GROWTH

1979 to 1989 1984 to 1993

Gross State Product ...... 3 of 7 ...... Not available. Personal Income ...... 3 of 7 ...... 4 of 7. Personal Income Per Capita ...... 2 of 7 ...... 4 of 7. Source: Center on Budget and Policy Priorities. Based on data from Bureau of Economic Analysis, with population adjustments from the Bureau of the Census.

Similar results may be found with respect In only one of the supermajority states did Fewer than half the supermajority states to levels of revenue increases. Table 2 shows state and local revenue as a percentage of showed lower-than-average growth in state revenue increases in the supermajority personal income rise less rapidly than in the and local taxes between 1984 and 1993, meas- states using broader measures of state and average state from 1979 to 1989. In the other ured either as taxes per capita or taxes as a local taxes and revenues over the two time six supermajority states, the growth of state percentage of residents’ incomes. periods. The picture that emerges is decid- and local revenue as a percent of personal in- edly mixed. come was higher than in the average state. TABLE 2.—PORTION OF SUPERMAJORITY STATES WITH TAX INCREASES LOWER THAN THE NATIONAL AVERAGE

1979 to 1989 1984 to 1993 State and local own-source State and local own-source State and local taxes revenue State and local taxes revenue

Tax per capita ...... 5 of 7 ...... 5 of 7 ...... 2 of 7 ...... 5 of 7.

1 Daniel J. Mitchell, ‘‘Why a Supermajority Would Protect Taxpayers,’’ The Heritage Foundation, March 29, 1996. H2092 CONGRESSIONAL RECORD — HOUSE April 15, 1999 TABLE 2.—PORTION OF SUPERMAJORITY STATES WITH TAX INCREASES LOWER THAN THE NATIONAL AVERAGE—Continued

1979 to 1989 1984 to 1993 State and local own-source State and local own-source State and local taxes revenue State and local taxes revenue

Taxes as a percent of income ...... 4 of 7 ...... 1 of 7 ...... 3 of 7 ...... 4 of 7. Source: Center on Budget and Policy Priorities. Based on data from Bureau of the Census, with income adjustments from the Bureau of Economic Analysis.

TRENDS DO NOT PROVE CAUSATION cisions in those states. Other factors, such as the analysis presented above would be re- Even if tables 1 and 2 presented clearer regional economic variations or changes in quired to conclude that supermajority re- trends among the seven supermajority political power, are much more likely to af- quirements have had any substantial effect states, it would not be correct to conclude fect state economic performance and govern- either on state tax burdens or on state that supermajority requirements were a fac- ment finances. A far more sophisticated economies. tor in the economic growth or in the tax de- analysis than either the Heritage study or APPENDIX Table A–1.—Economic growth in states that required supermajorities to raise taxes

Change in Change in personal income Change in personal income per gross state capita product 1979 to 1989 1984 to 1993 1979 to 1989 1979 to 1989 1984 to 1993

Arkansas ...... 96% 99% 72% 92% 64% California ...... 143% 142% 79% 93% 49% Delaware ...... 165% 128% 87% 106% 64% Florida ...... 175% 184% 96% 112% 58% Louisiana ...... 63% 86% 45% 81% 48% Mississippi ...... 82% 100% 69% 94% 65% South Dakota ...... 77% 83% 80% 81% 75% U.S. Average ...... 112% 121% 76% 101% 61%

Number of supermajority states with economic growth above average ...... 3 3 4 2 4 See notes at end of appendix.

TABLE A–2.—CHANGES IN STATE AND LOCAL GOVERNMENT TAXES AND REVENUE PER CAPITA IN STATES THAT REQUIRED SUPERMAJORITIES TO RAISE TAXES

1979 to 1989 1984 to 1993 State and State and State and local own- State and local own- local taxes source revenue local taxes source revenue

Arkansas ...... 114% 122% 81% 79% California ...... 101% 123% 62% 70% Delaware ...... 103% 140% 66% 68% Florida ...... 126% 155% 91% 97% Louisiana ...... 87% 119% 49% 56% Mississippi ...... 96% 117% 75% 73% South Dakota ...... 83% 97% 68% 46% U.S. Average ...... 108% 124% 645% 73%

Number of supermajority states with tax or revenue growth below average ...... 5 5 2 5 See notes at end of appendix.

TABLE A–3.—CHANGES IN STATE AND LOCAL TAXES AS PERCENT OF PERSONAL INCOME IN STATES THAT REQUIRED SUPERMAJORITIES TO RAISE TAXES.

1979 to 1989 1984 to 1993 State and State and State and local own- State and local own- local taxes source revenue local taxes source revenue

Arkansas ...... 11% 15% 10% 9% California ...... 4% 16% 9% 14% Delaware ...... ¥1% 17% 2% 2% Florida ...... 7% 20% 21% 24% Louisiana ...... 3% 21% 0% 5% Mississippi ...... 1% 12% 6% 5% South Dakota ...... 2% 9% ¥4% ¥17% U.S. Average ...... 3% 11% 3% 8%

Number of supermajority states with tax or revenue growth below average ...... 4 1 3 4 Notes.—Gross State Product not available for years after 1992. In cases where the state average equalled the national average, the change was computed to additional decimal places to find the correct comparison. U.S. average ex- cludes Alaska and the District of Columbia, whose revenue systems are significantly different from those of other states. All data are for fiscal years except Gross State Product. Sources: U.S. Bureau of Economic Analysis, U.S. Census Bureau. Center on Budget and Policy Priorities.

Mr. WATT of North Carolina. Mr. majority rule. It is not about taxes or average economic growth measured by Speaker, I yield myself 3 minutes. no taxes. change in per capita personal income Mr. Speaker, we have heard a ref- None of us look forward to voting for between 1979 and 1989. Four of the erence by the gentleman from Texas a tax increase. All of us should be held seven supermajority States had lower (Mr. BARTON) to how well the States accountable if we are irresponsible in than average economic growth meas- which have supermajority tax require- voting for tax increases, and we are ured by change in gross State product ments are doing based on a Heritage subject to account for that every 2 from 1979 to 1989. Foundation study that was done. years when we run for office. But I Six of the seven States with super- think it would be a mistake for the majority requirements had higher than Well, we have a different study. I do public to be left with the mistaken no- average growth of State and local reve- not really want this to get into a de- tion that all States that have super- nues as a percent of residents’ income bate about whether taxes are good or majority requirements somehow have from 1979 to 1989, suggesting that if we bad. I think taxes are good sometimes passed a magic bullet and they are did this at the Federal level, we would and they are bad sometimes. They can doing well. be simply passing the buck on for high- be beneficial; they can be detrimental. The actual study indicates that five er taxes at the lower level, which is al- I really think this debate is about of the seven States with supermajority ready a problem that all of us recog- the essence of our democracy, which is requirements experienced lower than nize. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2093 Five of the seven States had higher and go on record in support of tax re- Mr. WATT of North Carolina. Let me than average increases in State and lief for the American people. reclaim my time, unless he is asking local taxes per capita from 1984 to 1993, Mr. WATT of North Carolina. Mr. me to yield to tell us differently. Is the again suggesting that if we do not ac- Speaker, I yield myself the balance of word in the Constitution? cept the responsibilities for what we my time. Mr. BARTON of Texas. No, but there are doing at the Federal level and peo- Mr. Speaker, I want to spend a is no prohibition against the word ple demand government services, they minute or two just talking about what being in the Constitution. will have to be delivered at the local this bill provides for and putting this Mr. WATT of North Carolina. Let me level and taxes will be lower there. in context. But first of all let me re- get to the point I want to make. ‘‘De Now, I am not getting into a debate mind my colleagues of the history minimis’’ is probably no worse than about whether taxes are good or bad. again. It is the fourth year on or about ‘‘reasonable cause’’ or other general This is not about that. But we should tax filing day that my colleagues have terms that are used in the Constitu- be clear that this Heritage Foundation brought this same amendment to the tion. That is not my point. study, which suggests that just because floor of the House. It has failed on each My point is that we have gone they have a supermajority they have prior occasion. They know it will fail through 200-plus years of litigation de- done something magnanimous for the again today. And this amendment is termining what those words that are in State or for the Nation is just absolute not here as a serious legislative under- the Constitution mean, and now we are baloney. taking; it is here to make a political about to set off 200 more years of liti- Mr. Speaker, I reserve the balance of point. gation about what the term ‘‘de mini- my time. If it were here to make a serious leg- mis’’ means. Mr. BARTON of Texas. Mr. Speaker, islative point, as opposed to going Mr. BARTON of Texas. Will the gen- it is my distinct pleasure and high through a political charade, this bill tleman yield further? honor to yield 3 minutes to the honor- would have gone through the appro- Mr. WATT of North Carolina. Let me able gentleman from Illinois (Mr. priate committees, one of which would get through it. We can engage in a dia- HASTERT), the distinguished Speaker of have been the Subcommittee on the logue. The gentleman has got plenty of the House of Representatives. Constitution of the Committee on the time to engage in it if he wants to on (Mr. HASTERT asked and was given Judiciary. I cannot imagine bringing a his side. permission to revise and extend his re- proposed constitutional amendment, Mr. BARTON of Texas. The gen- marks.) an amendment to the most sacred doc- tleman has more time than I do now. Mr. HASTERT. Mr. Speaker, I thank ument in government that we have, Mr. WATT of North Carolina. If we the gentleman from Texas for yielding without going through the Sub- want to set up a judicial process where me this time. committee on the Constitution and we spend 200 years defining what the Mr. Speaker, I rise in support of the going through the Committee on the word ‘‘de minimis’’ means and have the constitutional amendment today. I Judiciary. courts do it, that is what this bill is commend my colleague from Texas Now, the reason that we did not go going to do. (Mr. BARTON) for his long-time effort. I that route, or the majority did not go But even more important is, we are think that as long as we have known that route is because this is not a seri- setting up a direct conflict between the each other he has been working on this ous legislative undertaking. If it were a Congress’ definition of de minimis and issue, and he has exemplified the old serious legislative undertaking, they the court’s definition of de minimis. phrase ‘‘If at first you don’t succeed, would have made in order proposed Because when we say the measure is try, try again.’’ But when we try and amendments to this constitutional going to be measured, determined at try again, it is for a noble effort. amendment because they know that it the time of the adoption of the bill, we We must continue to try again to has serious, serious substantive defi- are trying to give the Congress the au- pass this constitutional amendment, as ciencies. I want to talk about those de- thority to make its decision about we must continue to try to provide tax ficiencies so that everybody knows what the word ‘‘de minimis’’ means. relief for the American people. what we are talking about. I want to But we cannot do that. So basically Make no mistake about it, working read from section 1 of the bill: what we have done is set up a direct Americans are taxed too much. They ‘‘Any bill, resolution or other legisla- conflict between the legislative branch are taxed at a higher rate than since tive measure changing the internal of the government and the judicial the Second World War. They are taxed revenue laws shall require for final branch of the government. That is ex- when they eat. They are taxed when adoption in each House the concur- actly what we have done. they drink. They are taxed when they rence of two-thirds of the Members of Now, I recognize that. I recognized drive. They are taxed when they work. that House voting and present, unless that the first time we debated this bill And they are taxed even when they die. that bill, resolution, or other legisla- in committee. I recognized it before If we go back a little over a decade tive measure is determined at the time the Committee on Rules 2 days ago. I ago, we celebrated the anniversary of of adoption, in a reasonable manner went to the Committee on Rules and I the Constitution of this country. And prescribed by law, not to increase the said, would you allow me to bring to right before that, I remember, as I was internal revenue’’—not change the rev- the floor an amendment which would teaching history in a small high school enue law, but increase the internal rev- improve this legislation, which would in Illinois, we were studying the Revo- enue—‘‘by more than a de minimis make it clear that the sole authority lution. This country fought a revolu- amount.’’ that the Supreme Court will have is to tion over taxes. It was the vision of our Now, let me point out three serious determine whether the Congress has forefathers that the people in this problems with the language there. followed its own rules in making this country should have economic liberty, First of all, this will be the first time determination so that we could avoid they should have economic choice, not ever in the history of this country, if this conflict between the legislative government choosing how to spend this amendment passed, that the word branch and the executive branch? their money, but individuals choosing ‘‘de minimis’’ is used in the Constitu- Mr. BARTON of Texas. Mr. Speaker, how to spend the money that they tion. The word does not exist. It prob- will the gentleman yield on that point? earn. ably was not even a word that was in I am going to compliment the gen- the vocabulary at the time the Found- tleman if he will yield. b 1445 ing Fathers were writing the original Mr. WATT of North Carolina. I appre- Higher taxes mean bigger govern- Constitution. ciate it. Is he going to accept my ment. If we are going to restore Mr. BARTON of Texas. Mr. Speaker, amendment under unanimous consent? balance to our society where individ- will the gentleman yield? Mr. BARTON of Texas. Mr. Speaker, uals and local communities have more Mr. WATT of North Carolina. I yield will the gentleman yield? power, we need to make the Federal to the gentleman from Texas. Mr. WATT of North Carolina. I will Government smaller and smarter. Sup- Mr. BARTON of Texas. ‘‘De minimis’’ yield to the gentleman, so maybe we port this constitutional amendment is a Latin word. will get a unanimous consent request. H2094 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Mr. BARTON of Texas. I want to war on Kosovo, as he should under the Now let me talk about how they say compliment the gentleman for his ef- Constitution—the gentleman from it is not serious. They say it is not seri- fort. We have given it to our constitu- California (Mr. CAMPBELL) and I agree ous because it is a gimmick because it tional experts. If the gentleman will on that—it would not require a two- is brought forth on April 15. The date is work with me, if we are not successful thirds vote. And somehow or another irrelevant. Would it be a gimmick if it today, we very well could do that. Of this majority wants to elevate the were brought forward on Election Day? course, the gentleman would have to questions about taxation to some high- Would it be a gimmick if it were vote with us at some point in time on er pedestal even than a declaration of brought forth on the birthday of the the amendment. war. And so really what you are talk- gentleman from Texas (Mr. BARTON) or Mr. WATT of North Carolina. I appre- ing about is giving one-third of the my birthday? Would it be a gimmick if ciate the gentleman offering to work people in this House the ability to it were brought forth on January 1? It with me and, of course, if this bill had bring the process to a halt. makes it a gimmick because it is gone through the committee, we could I will tell you what that does to my brought forth on April 15? I do not have done the work in a serious legisla- constituency. If I am in the two-thirds think so. I think it is a substantive tive manner and we could have treated or not in the one-third, and I want to provision which is appropriate to be this bill as a serious bill. But it is quite get something done, what you have brought forward on a time when Amer- obvious that this is not what this is said to my constituency is, you are less icans are focused on the tax burden in about. It is about political theater on important than that one-third minor- America. the 15th of April. ity over there, because they are con- The opponents say: ‘‘Well, it’s a gim- We have got to play political theater trolling the agenda. That is not my mick, and it’s not serious because it so that we can tell the American peo- definition of democracy, my col- has failed before.’’ That is one of the ple how terrible it is that we have leagues. We can talk all day today most stunning arguments I have ever taxes. That is what this bill is about about how this is about taxation and heard on the floor of this House. People today. If it were not about that, we whether we are paying too much in in this room benefit today from would have considered this amend- taxes. I have conceded that. I mean, I changes that were fought for in this ment. do not like to pay taxes any more than country over years. The Constitution We even offered an amendment last anybody else. And my constituents do itself says it can, in fact, be amended year that would have taken out the not like it any more than anybody by a supermajority, and thank God we term ‘‘de minimis.’’ If you do not want else’s. But I will tell you that every have in fact on many occasions amend- to raise taxes, and you want a two- American citizen is entitled to the ed it, and that is most appropriate, and thirds requirement, you at least would same representation in this body. And none of those amendments have passed not get into 200 years of litigation ar- any time you create a supermajority on the first try. So of course it has re- guing about what de minimis means if and thereby create a super-super- quired multiple tries, and we will try you just said it required a two-thirds minority that can control the agenda again if it fails today. vote to raise taxes. I mean, that would of this House and the agenda of this The opponents say: ‘‘Well, if it was be clear. At least we would not have to country, you have deprived American serious, they would have taken it to look in a Latin dictionary to figure out citizens of their equal representation committee.’’ In point of fact they know what we are talking about and ask the in the process. full good and well that it has been Supreme Court to tell us what we are So it is tax day. You can talk and taken to committee. It has been taken talking about. At least that would be make it sound like this is about tax- to committee more than once in the clear. ation, but it is about basic fairness. It past. Indeed this exact language was Mr. BARTON of Texas. I will agree to is about democracy. It is about who taken to committee last year. It went that. has the authority to rule. And in my through subcommittee and full com- Mr. WATT of North Carolina. We democracy, that is 50 percent of the mittee and was heard, and the amend- even offered to take that out of the representatives and 50 percent of the ment which the ranking member on bill. You would think that people who people plus one. the other side has proposed, which in- were seriously interested in passing a b 1500 deed might be a thoughtful amend- constitutional amendment that limited Mr. BARTON of Texas. Mr. Speaker, ment, limiting the rule of the courts, the ability to raise taxes would have I yield the balance of my time to the was not proffered when it went before jumped at that, they would have said, gentleman from Arizona (Mr. SHAD- committee last year; it was not prof- ‘‘Yeah, that’s absolutely consistent EGG), the distinguished cosponsor of fered until it came to the Committee with what we are trying to do.’’ But the amendment who has worked long on Rules this year. they have not demonstrated any degree and hard with me. Now I want to turn to another argu- of seriousness about this issue. The SPEAKER pro tempore. The gen- ment. My colleague the other side, the Everybody has talked about the gen- tleman from Arizona is recognized for 6 ranking member, has talked about de tleman from Texas’ two-thirds and minutes. minimis and how this is a great legal three-fourths, his equations. I want ev- (Mr. SHADEGG asked and was given flaw in this measure, and yet through- erybody to stay with me now, because permission to revise and extend his re- out this debate today we have heard when you require a two-thirds majority marks.) that this is a terrible provision because vote to do something, what you are Mr. SHADEGG. Mr. Speaker, I thank it would freeze in stone forever and saying is, if one-third objects, you can- the gentleman from Texas for yielding ever our current Tax Code. That argu- not do it. So everybody has talked this time to me. ment is not genuine, it is not honest, about this powerful supermajority. Mr. Speaker, let me begin by re- because the opponents of this legisla- What my colleagues need to under- sponding to a series of the arguments tion know fully well that it is crafted stand is that we are setting up, not a that have been made on the other side, carefully to allow tax neutral tax re- powerful supermajority, what we are and I suppose the one that I am tempt- form. Indeed the word that the gen- doing is setting up a powerful super- ed to respond to first is the one we tleman questions, ‘‘de minimis,’’ is an minority which will control the proc- heard repeatedly on the other side, attempt to say: ‘‘Look, our goal is to ess. It will be one-third of the people in that this is not a serious debate or a se- make sure that if you want to make this House who will be in control of it. rious initiative. I have put 5 years into tax neutral tax reform; that is, tax re- It will not be the two-thirds. It will not my fight for this legislation, I have form that does not increase the tax even be the majority rule. And if that worked shoulder to shoulder with the burden on the American people, you is not countermajoritarian, if that is gentleman from Texas (Mr. BARTON), may do so with a simple majority not counterdemocratic, I do not know and let me assure my colleagues on be- vote.’’ Nothing in this measure would what is. half of the taxpayers of America this is inhibit the ability to do tax neutral tax We do not require a two-thirds ma- deadly serious. Indeed I think it is vi- reform. jority to declare war. If the President tally important to the survival of the Now let us talk about the Heritage came over here and said, please declare Nation. Foundation study. We have a duel of April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2095 studies. They have their study, we have before we increase it to 25, or 30, or 35, Mr. WATTS of Oklahoma. Mr. Speaker, I our study. Let me just recite the facts or 40 percent, or 50 or 60 percent, we rise in support of the tax limitation amend- of the Heritage Foundation study be- ought to have a broad consensus. ment. Never before has the need for this cause I think it is very important. It I urge my colleagues to support H. amendment been more obvious. Let me touch proves that tax limitation works. As a Con. Res. 37. We need a tax limitation on a few well-known numbers. The typical matter of fact, looking at the States amendment. American family pays 38 percent of its income where it is enacted, tax limitation, in Mr. LEVIN. Mr. Speaker, well, here we are in taxes. This is more than it pays for food, those States taxes go up at a slower again. For the 4th year in a rowÐthe majority clothing or shelter. Not since World War II has rate, only 102 percent. Mr. Speaker, 102 will take the House through the motions of at- the tax burden on American workers been so percent is quite a bit, but only 102 per- tempting to pass a Constitutional Amendment high. At the start of this century, Federal, cent over 12 years versus States which requiring two-thirds supermajority of the House State, and local taxes combined comprised have no tax limitation; they have gone and Senate in order to pass a tax cut. only 8 percent of Americans' income. At the up by 112 percent. Spending? Spending Today is the Republican equivalent of start of this century, Federal, State, and local and tax limitations, gone up. It has Ground Hog Day. Each year at this time the taxes combined comprised onoy 8 percent of gone up by 132 percent, but not by as Republican leadership comes out of its hole, Americans' income. much as spending in States without sees its shadow, and dusts off this proposed Despite the fact taxes are at a peace-time tax limitation. In those States it has Constitutional Amendment that essentially high, the Clinton-Gore administration's new gone up by 141 percent. says, ``stop us before we tax again!'' budgetÐwhich the House and Senate soundly I said the majority is taking us through the Fundamentally and most impor- rejectedÐcalled for $175 billion in new taxes motions because this is the same bill they've tantly for my colleagues on the minor- and fees. ity side, the job base grows more rap- brought to the Floor in 1996, 1997 and 1998. With the Federal budget surplus projected at idly in those States with tax limita- Each time, the bill goes down to defeat. The $4.9 trillion over the next 15 years, I can't majority knows it won't pass again today, but tion. As the gentleman from Ohio (Mr. imagine why anyone would want to raise our they can't help themselves. TRAFICANT) from the other side pointed taxes, but the administration does. The irony here is that there is actually broad out, if in fact there was no constitu- The temptation to raise a tax here and raise support on both sides of the aisle for cutting tional authority for an income tax a tax there even in years of surplus and pros- taxes, not raising them. There is some dif- when our Constitution was adopted perity is just too much. They can't resist. This ference of opinion on who's taxes should be House is the first line resistance to further sky- and, as my friend, Mr. TRAFICANT from cut. I would argue that the lion's share of any rocketing of taxes that have soared sharply the minority, pointed out, he believes tax relief should be targeted to working Amer- that pretty well establishes looking at ican families and not the very rich. The other this past century. We must hold the line. We the tax structure then, then it would key debate concerns Social Security and must help our successors hold the line. We have required a two-thirds majority Medicare. In my view, it is simply irresponsible owe it to working American families, the single and the Founders would have supported to move ahead with a $778 billion tax cut be- moms and dads, struggling under a tax bur- a two-thirds majority for future tax in- fore taking action to assure the long-term fi- den that has nearly quadrupled in this century creases. nancial health of Social Security and Medi- to hold the line on taxes. Not just today, when But let us talk beyond the studies; care. The budget surplus gives us a unique the concept of a tax increase is ludicrous, but let us talk about experience. In my opportunity to address these programs. We for years to come. State of Arizona, when we adopted this should save the entire surplus until we've The most meaningful way we can do that is in 1992, our economy had been strug- taken care of Social Security and Medicare. by passing the Tax Limitation Amendment gling. Since then it has boomed. We I urge the House to reject this ill-conceived today. This amendment does not prohibit tax have created more jobs than we have effort to tamper with the Constitution. Instead increases in some future years should an ur- helped more people. of wasting more time debating bills that all of gent need arise. Though, after 5 years of com- Now the last argument and perhaps us know will never pass, we should roll up our mon-sense Republican leadership, our budget the most telling argument proffered by sleeves and get to work on saving Social Se- and revenues are in such great shape that it's the other side is that this will create a curity and Medicare. Then we can take up tax hard to imagine such a day. rule of tyranny by the minority. Again, relief for working American families. But the amendment does require that the that argument is a fraud. We do not Mrs. FOWLER. Mr. Speaker, today I rise in need be so clear and so compelling that two- have, and my colleagues on the other support of the Tax Limitation Amendment that thirds of each House must vote for the tax in- side understand this and agree with it, Representative BARTON has introduced. This crease. This amendment is simple, practical we do not have the rule of simple ma- amendment protects every American citizen. It and urgently needed. It is an outrage to have jority in this country. We do not in protects them by making it more difficult for working families struggling under an already this Nation allow majorities to run Congress to increase taxes on their hard weighty burden to be weighted down further roughshod over minorities. Throughout earned moneyÐand, indeed, it is there money by an unnecessary tax increase that passes our Constitution 10 different places re- that Congress is charged with allocating and by a handful of votes in a last-minute partisan quire super majorities, but throughout protecting. It should not be easy for Congress push. We saw that in 1992. We have seen all of the rule in law in this Nation we to pass a tax increase that will drastically af- since how unnecessary that tax increase was. prohibit majorities from imposing fect American families. Americans work hard But we are still fighting to roll that tax increase their will unfairly on minorities. Our for the money that they earn. It is not easy to back. Constitution protects minorities, as be a working mother or father. It is not easy As high as people's taxes get, and as big as well it should, and that is what this to be the head of a household working two the Government gets, the truth is that some measure says. jobs to make ends meet. It is not easy for people in Washington never think that it's But it is interesting. They say do not families to watch up to 40 percent of their enough. They believe that Government has enact a supermajority requirement for hard-earned money taken out of their pay- the right to take as much of a working Ameri- tax increases, and what they imply is checks and sent to the Federal, State and can's money as it wants to take and to spend that we will require a supermajority to Local governments. And it should not be easy it however it wants to spend it. ever adopt any tax. But this is not for Congress to increase the tax burden on I don't share that attitude. The American being offered any point in time when Americans. people work hard for their money. They de- there are no taxes in America, it is not The Tax Limitation Amendment is a com- serve to keep more of itÐnot less. I believe being offered at a time when we will re- mon sense piece of legislation. There are 14 the tax burden on working Americans should peal every tax and say we will only states, including the state of Florida, which I only be increased when the need is so urgent, pass any new taxes. We will have no represent, that have enacted legislation similar clear and compelling that two-thirds of the tax in America without a super- to the proposed amendment which would re- House and Senate will vote for such an in- majority to impose any taxes. quire a two-thirds majority vote to raise taxes. crease. An increase under any other cir- That is not the situation. What this Congress should not automatically look to tax cumstances is an affront and outrage to the measure says is we have a very heavy hikes to raise revenue for government oper- American people. tax burden today. It consumes 20 per- ations. Just as American taxpayers must show Mr. PACKARD. Mr. Speaker, I would like to cent of the gross domestic product, and restraint in their spending in order to live with- stand in support of H.J. Res. 37, which will before we raise it yet one more time, in their means, Congress must do the same. make it more difficult to raise taxes. It is time H2096 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Congress puts a stop to the raid on the pocket tually impossible to eliminate corporate sub- crease. This supermajority vote requirement books of American citizens. sidies and other loopholes in the tax system. would mean that only true national emer- H.J. Res. 37 will require a two-thirds super- The proponents of the resolution are content gencies would be an excuse for raising even majority vote in the House and Senate for any to live with those consequences. Two years higher the tax burden on all Americans. net tax increase. This is not a new concept. ago, they rejected a series of amendments in Now that the Republican-inspired Balanced Fourteen states already require a super- committee that would have addressed at least Budget Act of 1997 has led to the prospect of majority in their state legislatures to raise the some of those concerns. This year, in their increasing budget surpluses in the years tax burden on their citizens. It's a simple haste, they didn't even bother with the com- ahead, it is time to return tax dollarsÐin ex- equation, when taxes are limited, big govern- mittee, but have brought the resolution directly cess of Social Security receiptsÐto the tax- ment spending remains low and economies to the floor. payers who are responsible for the present tax flourish. The proponents of the resolution also seem overpayment. Every year around Tax Day my Mr. Speaker, Americans already send an determined to repeat their past mistakes. I desk is covered with letters and phone mes- average of 38 percent of their income back to was not a member of Congress when the cur- sages from constituents who want tax reliefÐ the government in taxes. This is more than rent majority took control in 1995, but I under- in the form of lower taxes and a simplified tax families pay for food, clothing, and shelter stand the House adopted a rule at that time code. Since my first election to Congress, I combined! Last year, federal taxes consumed requiring a three-fifths majority to raise taxes. have eagerly worked with my colleagues to 20.5 percent of GNP. This number will only Unfortunately, having created this rule, the enact tax relief for individuals and small busi- keep increasing unless we put a stop to it. majority found it impossible to govern in ac- nesses. While our country is experiencing a pro- cordance with it, and it was repeatedly waived Conversely, I have supported initiativesÐ jected budget surplus of over $4 trillion for the or ignored. like the Tax Limitation Constitutional Amend- next 15 years, the President wants to waste Today that same majority invites us to graft mentÐto insure that Federal taxes are not in- this surplus and continue to raise taxes by this failed motion onto the Constitution of the creased. The last thing our citizens and econ- $108 billion. this spending mentality explains United StatesÐwhere it cannot be waived or omy need is another round of tax increases why federal income taxes have grown by more ignored. This is an invitation that we should like $108 billion which President Clinton pro- than 70 percent during the Clinton-Gore ad- and must decline. posed in his fiscal year 2000 budget. ministration. Any surplus is nothing more than Mr. GARY MILLER of California. Mr. Speak- It is urgent that we lock into place the dis- an overpayment to Washington by America's er, I rise to speak in support of House Joint cipline we need to maintain a balanced Fed- taxpayers and we should give it back. Resolution 37, the ``Tax Limitation Amend- eral budget and the opportunity for tax relief Mr. Speaker, I'm tired of Washington dip- ment.'' The question isÐHow hard should it for our citizens. I call on my colleagues to join ping their hands into the pocket of American be for government to take someone else's me in guaranteeing the American people that taxpayers. This legislation will keep the hard- hard-earned money? We know it is very easy we will block the pro-tax crowd in Washington, earned money of American citizens out of the for government to spend the money it has D.C., through this amendment. Please vote for hands of Washington politicians who want to taken, but how hard should it be to take an H.J. Res. 37. continue to raise taxes for big government American worker's money? Ms. JACKSON-LEE of Texas. Mr. Speaker, programs. I think it should be very difficult. We should I rise today in opposition to the validation of Mr. DELAHUNT. Mr. Speaker, I rise in op- be absolutely sure before allowing the govern- this conference report, which includes in it the position to the resolution. ment to take money someone else has earned details of the Budget Resolution passed just a The framers of our Constitution recognized by their hard work and sweat. I do not know few weeks ago by the Republicans. that certain key questionsÐsuch as treaty rati- if a two-thirds vote of Congress should be At that time I spoke vigorously against the fication, conviction in impeachment trials, or enough to take an American worker's money, Budget Resolution because I felt it short- expulsion of a member on CongressÐdemand but I strongly support it as a minimum require- changed the American people. Also at that more than the customary majority. ment. time, I spoke in favor of the Democratic Budg- But with regard to the normal operations of Just look at the growth of Federal taxes: et, offered by Ranking Member SPRATT be- the government, they providedÐin all casesÐ Families paid just 5 percent of income in Fed- cause it was a responsible budget done right. for a simple majority vote. eral taxes in 1934. Today, the average family Thereafter, when this resolution once again They made no exception for taxation. Pause pays over 20 percent of its income in Federal came before us as it was sent to conference, and reflect: they made no exception even for taxes; That is the highest peacetime rate ever I supported Ranking Member SPRATT's motion declarations of war. and the highest overall rate since WW II; 18 to instruct the conferees to hold off on their What the framers feared was that a super- of the last 19 Democrat controlled Congresses submission of the report until we had passed majority requirement would give special inter- passed tax hikes, including the $241 billion legislation addressing the concerns of our ests a veto over the political process. hike in 1993; Just during the Clinton Adminis- party, and of most AmericansÐin this case, As James Madison wrote, ``It would be no tration taxes have grown by over 54 percent, preserving and extending the life of Social Se- longer the majority that would rule: the power from $1.154 trillion in 1993 to $1.784 trillion in curity and Medicare. I go over this litany of de- would be transferred to the minority. . . . [A]n 1999; State and local income taxes are in- tails not to open old wounds, but rather to interested minority might take advantage of it creasing at the same time so that Federal, demonstrate and testify to the American peo- to screen themselves from equitable sacrifices State, and local taxation is a record 32 per- ple that the Republicans have had multiple op- to the general weal, or, in particular emer- cent of national income. portunities to save Social Security and Medi- gencies, to extort unreasonable indulgences.'' The Founding Fathers created a Republic, careÐand each time they turned away. Madison could have been describing the instead of a pure Democracy, to protect citi- As I vote to strike down this report, I do so very amendment before us today. It would zens' basic rights from the ``Tyranny of the only with the well-being of our constituents in give a veto over revenue bills to a minority of Majority.'' I believe it is a basic right to keep mind. I know that we should be approving a members of either House. It would enable what you have earned, and I believe it should budget that protects the Social Security and Members of Congress representing one-third take more than 51 percent of Congress to Medicare Trust funds by putting money back of the populationÐor Senators chosen by one- take money from 100 percent of Americans. I into those accounts. It should be a budget that tenth of the populationÐto block tax measures encourage each of my colleagues to support will maintain our current Social Security and supported by the vast majority of Americans. the ``Tax Limitation Amendment.'' Medicare benefits, and extend their lives until It would give those minorities enormous lever- Mr. BALLENGER. Mr. Speaker, I rise today decades from now, so that all Americans will age in an emergency to extract concessions in to express my support for the Tax Limitation be able to take advantage of them. This is es- exchange for their support. Constitutional Amendment. pecially true for women, because due to their The resolution pays lip service to this con- I applaud my colleaguesÐRepresentatives longer life expectancy, they must rely on So- cern by allowing the two-thirds requirement to BARTON, SHADEGG, GOODE, and RALPH HALLÐ cial Security and Medicare longer than must be waived in the event of war. Yet what about for their perseverance in offering this important most men. other perilous circumstances? Such as hurri- bipartisan legislation once again. The Tax Lim- I know that we should be appropriating the canes, floods, terrorist attacks or other local- itation Constitutional Amendment (House Joint proper resources to modernize, and some ized disasters? A severe economic crisis or a Resolution 37) would amend the Constitution would say revitalize, our public schools. This breakdown in the financial system itself? For to require a two-thirds majority vote in both budget does the opposite; in fact, it reduces these emergencies, the resolution makes no houses of Congress for passage of legislation our domestic spending on programs that pro- exception. Furthermore, it would make it vir- that would result in any significant tax in- tect the interest of our children. This budget April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2097 jeopardizes the well being of successful pro- expired, and there being no amendment Sanford Smith (TX) Traficant Saxton Souder Upton grams by taking $425 million from WIC, and offered, pursuant to House Resolution Scarborough Spence Walden $501 million from Head Start. Nevertheless, in 139, the previous question is ordered on Schaffer Stearns Wamp this budget most of that moneyÐ$800 million the joint resolution. Sensenbrenner Stump Watkins of itÐgoes instead to tax cuts for the wealthy. The question is on the engrossment Sessions Sununu Watts (OK) Shadegg Sweeney Weldon (FL) I know that what we should be doing at this and third reading of the joint resolu- Shays Talent Weldon (PA) time is authorizing a budget that will protect tion. Sherman Tancredo Weller America's families. It should be a budget that The joint resolution was ordered to Sherwood Tauzin Whitfield fully funds the Summer Youth Employment Shimkus Taylor (MS) Wicker be engrossed and read a third time, and Shows Taylor (NC) Wilson Program, which is cut by over $90 million. It was read the third time. Simpson Terry Wolf could be a budget that saves the Community The SPEAKER pro tempore. The Skeen Thornberry Young (AK) Development Block Grant Program the indig- question is on passage of the joint reso- Skelton Thune Young (FL) nity of a $50 million cut. Smith (MI) Tiahrt lution. Smith (NJ) Toomey This budget could be more, it could address The question was taken; and the NAYS—199 the needs of our veterans. We could have and Speaker pro tempore announced that should have passed the Spratt Amendment, the ayes appeared to have it. Abercrombie Hill (MT) Nadler which would have added an additional $9 bil- Ackerman Hilliard Napolitano Mr. WATT of North Carolina. Mr. lion for veterans programs. We should be vot- Allen Hinchey Neal Speaker, I object to the vote on the Baird Hinojosa Oberstar ing to pass a budget that fully funds LIHEAP, ground that a quorum is not present Baldacci Hoeffel Obey which provides for necessary heating and Baldwin Holden Olver and make the point of order that a cooling for low-income families in times of ex- Barrett (WI) Holt Ortiz quorum is not present. Bateman Hooley Owens treme weather. LIHEAP literally saved lives in The SPEAKER pro tempore. Evi- Becerra Hostettler Pascrell my district last summer, and I intend to do Bentsen Houghton Pastor what I can to ensure that it is fully funded dently a quorum is not present. Bereuter Hoyer Payne every year that I serve in Congress. The Sergeant at Arms will notify ab- Berkley Hyde Pelosi sent Members. Berman Inslee Peterson (MN) I had hoped that during conference, that we Blagojevich Jackson (IL) Phelps would have seen drastic improvements in this The vote was taken by electronic de- Blumenauer Jackson-Lee Pickett resolution, improvements that could have been vice, and there were—yeas 229, nays Boehlert (TX) Pomeroy done in a bipartisan and responsible manner. 199, not voting 6, as follows: Bonior Jefferson Porter Borski Johnson (CT) Price (NC) I had hoped that my colleagues across the [Roll No. 90] Boucher Johnson, E. B. Rahall aisle could be more persuaded by the dedica- YEAS—229 Boyd Jones (OH) Rangel Brady (PA) Kanjorski Reyes tion of Congressmen SPRATT and Aderholt Ehrlich Largent Brown (FL) Kaptur Rivers Andrews Emerson Latham MCDERMOTT. I desperately wanted to take Brown (OH) Kennedy Rodriguez Archer English LaTourette home to my district a budget that respected Campbell Kildee Rothman Armey Etheridge Lazio Capps Kilpatrick Roybal-Allard our children, our families, our veterans, and Bachus Everett Leach Capuano Kind (WI) Rush our elderlyÐand I still hope to do so. Baker Ewing Lewis (KY) Cardin Kleczka Sabo Ballenger Fletcher LoBiondo Therefore, I urge my colleagues to vote Carson Klink Sanders Barcia Foley Lucas (KY) against this conference report, and instead Clay Kucinich Sawyer Barr Forbes Lucas (OK) Clayton LaFalce Schakowsky work with us to forge a new budget that will Barrett (NE) Fossella Maloney (CT) Clement Lampson Scott grow America into the 21st century. Bartlett Fowler Manzullo Clyburn Lantos Serrano Barton Franks (NJ) McCarthy (NY) Mr. BEREUTER. Mr. Speaker, this Member Conyers Larson Shaw Bass Frelinghuysen McCollum rises in principled opposition to House Joint Costello Lee Sisisky Berry Gallegly McCrery Coyne Levin Slaughter Resolution 37, the so-called tax limitation Biggert Ganske McHugh Crowley Lewis (CA) Smith (WA) amendment. Certainly it would be more politi- Bilbray Gekas McInnis Cummings Lewis (GA) Snyder Bilirakis Gibbons McIntosh cally expedient to simply go along and vote in Danner Linder Spratt Bishop Gilchrest McIntyre support of a constitutional amendment requir- Davis (FL) Lipinski Stabenow Bliley Gillmor McKeon Davis (IL) Lofgren Stark ing two-thirds approval by Congress for any Blunt Gilman Metcalf DeFazio Lowey Stenholm tax increases. However, as a matter of prin- Boehner Goode Mica DeGette Luther Strickland Bonilla Goodlatte Miller (FL) ciple and conscience, this Member cannot do Delahunt Maloney (NY) Stupak Bono Goodling Miller, Gary that. DeLauro Markey Tanner Boswell Gordon Moran (KS) Deutsch Martinez Tauscher As this Member stated when a similar Brady (TX) Goss Myrick Dingell Mascara Thomas amendment was considered by the House in Bryant Graham Nethercutt Dixon Matsui Thompson (CA) Burr Granger Ney the past, there is a great burden of proof to Doggett McCarthy (MO) Thompson (MS) Burton Green (TX) Northup deviate from the basic principle of our democ- Dooley McDermott Thurman Buyer Green (WI) Norwood Doyle McGovern Tierney racyÐthe principle of majority rule. Unfortu- Callahan Greenwood Nussle Dreier McKinney Towns Calvert Gutknecht Ose nately, this Member does not believe the pro- Edwards McNulty Turner Camp Hall (TX) Oxley posed amendment to the U.S. Constitution is Engel Meehan Udall (CO) Canady Hansen Packard consistent or complementary to this important Eshoo Meek (FL) Udall (NM) Cannon Hastert Pallone Evans Meeks (NY) Velazquez principle. Castle Hastings (WA) Paul Farr Menendez Vento There should be no question of this Mem- Chabot Hayes Pease Fattah Millender- Visclosky Chambliss Hayworth Peterson (PA) ber's continued and enthusiastic support for a Filner McDonald Walsh Chenoweth Hefley Petri balanced budget and a constitutional amend- Ford Miller, George Waters Coble Herger Pickering Frank (MA) Minge Watt (NC) ment requiring such a balanced budget. In my Coburn Hilleary Pitts Frost Mink Weiner Collins Hobson Pombo judgment, tax increases should not be em- Gejdenson Moakley Wexler Combest Hoekstra Portman ployed to achieve a balanced budget; Gephardt Mollohan Weygand Condit Horn Pryce (OH) Gonzalez Moore Wise balanced budgets should be achieved by eco- Cook Hulshof Quinn Gutierrez Moran (VA) Woolsey nomic growth and, as appropriate, tax cuts. Cooksey Hunter Radanovich Hall (OH) Morella Wu Cox Hutchinson Ramstad That is why this Member in the past has sup- Hill (IN) Murtha Wynn ported the inclusion of a supermajority require- Cramer Isakson Regula Crane Istook Reynolds NOT VOTING—6 ment for tax increases in the rules of the Cubin Jenkins Riley Brown (CA) Hastings (FL) Shuster House. However, to go beyond that and Cunningham John Roemer Dicks Ros-Lehtinen Waxman amend the Constitution is, in this Member's Davis (VA) Johnson, Sam Rogan opinion, inappropriate and, therefore, the rea- Deal Jones (NC) Rogers DeLay Kasich Rohrabacher b 1528 son why this Member will vote against House DeMint Kelly Roukema Joint Resolution 37. Diaz-Balart King (NY) Royce So (two-thirds not having voted in Mr. Speaker, I yield back the balance Dickey Kingston Ryan (WI) favor thereof), the joint resolution was Doolittle Knollenberg Ryun (KS) not passed. of my time. Duncan Kolbe Salmon The SPEAKER pro tempore (Mr. Dunn Kuykendall Sanchez The result of the vote was announced BOEHNER). All time for debate having Ehlers LaHood Sandlin as above recorded. H2098 CONGRESSIONAL RECORD — HOUSE April 15, 1999 A motion to reconsider was laid on SECTION 1. AVAILABILITY OF CERTAIN TAX BEN- (3) Section 692 (relating to income taxes of the table. EFITS FOR SERVICES AS PART OF members of Armed Forces on death). Stated for: OPERATION ALLIED FORCE. (4) Section 2201 (relating to members of the (a) GENERAL RULE.—For purposes of the Mr. LINDER. Mr. Speaker, on rollcall No. Armed Forces dying in combat zone or by following provisions of the Internal Revenue reason of combat-zone-incurred wounds, 90, I inadvertently pressed the ``nay'' button. I Code of 1986, a qualified hazardous duty area obviously meant to vote ``aye'' to require a etc.). shall be treated in the same manner as if it (5) Section 3401(a)(1) (defining wages relat- were a combat zone (as determined under two-third vote by the Congress to raise taxes. ing to combat pay for members of the Armed section 112 of such Code): Mr. SHUSTER. Mr. Speaker, I regret that Forces). (1) Section 2(a)(3) (relating to special rule due to responsibilities in my congressional dis- (6) Section 4253(d) (relating to the taxation where deceased spouse was in missing sta- trict that today I was unable to vote on H.J. of phone service originating from a combat tus). Res. 37, the Tax Limitation Amendment. If I zone from members of the Armed Forces). (2) Section 112 (relating to the exclusion of were able to vote today I would have cast my (7) Section 6013(f)(1) (relating to joint re- certain combat pay of members of the Armed turn where individual is in missing status). vote in support of H.J. Res. 37. As a cospon- Forces). (8) Section 7508 (relating to time for per- sor of the Tax Limitation Amendment, I strong- (3) Section 692 (relating to income taxes of forming certain acts postponed by reason of ly support its attempt to make it more difficult members of Armed Forces on death). service in combat zone). for Congress to raise taxes. We in Washington (4) Section 2201 (relating to members of the (b) QUALIFIED HAZARDOUS DUTY AREA.—For should be working to cut taxes, not raise Armed Forces dying in combat zone or by purposes of this section, the term ‘‘qualified them, and passage of the Tax Limitation reason of combat-zone-incurred wounds, hazardous duty area’’ means any area of the Amendment is a step in the right direction in etc.). Federal Republic of Yugoslavia (Serbia/Mon- our efforts to allow more Americans to keep (5) Section 3401(a)(1) (defining wages relat- tenegro), Albania, the Adriatic Sea, and the more of their own hard-earned money. In con- ing to combat pay for members of the Armed northern Ionian Sea (above the 39th parallel) clusion, I wholeheartedly support H.J. Res. 37 Forces). during the period (which includes the date of (6) Section 4253(d) (relating to the taxation and urge its passage. the enactment of this Act) that any member of phone service originating from a combat of the Armed Forces of the United States is f zone from members of the Armed Forces). entitled to special pay under section 310 of EXTENSION OF TAX BENEFITS (7) Section 6013(f)(1) (relating to joint re- title 37, United States Code (relating to spe- turn where individual is in missing status). cial pay: duty subject to hostile fire or im- AVAILABLE WITH RESPECT TO (8) Section 7508 (relating to time for per- SERVICES PERFORMED IN THE minent danger) for services performed in forming certain acts postponed by reason of such area. FEDERAL REPUBLIC OF YUGO- service in combat zone). (c) SPECIAL RULE FOR SECTION 7508.—Solely SLAVIA AND CERTAIN OTHER (b) QUALIFIED HAZARDOUS DUTY AREA.—For for purposes of applying section 7508 of the AREAS purposes of this section, the term ‘‘qualified Internal Revenue Code of 1986, in the case of hazardous duty area’’ means any area of the an individual who is performing services as Mr. ARCHER. Mr. Speaker, I ask Federal Republic of Yugoslavia (Serbia/Mon- unanimous consent that it be on order part of Operation Allied Force outside the tenegro), Albania, the Adriatic Sea, and the United States while deployed away from at any time on Thursday, April 15, 1999, northern Ionian Sea during the period (which such individual’s permanent duty station, without intervention of any point of includes the date of the enactment of this the term ‘‘qualified hazardous duty area’’ in- order to consider in the House the bill Act) that any member of the Armed Forces cludes, during the period for which the enti- (H.R. 1376) to extend the tax benefits of the United States is entitled to special tlement referred to in subsection (b) is in ef- available with respect to services per- pay under section 310 of title 37, United fect, any area in which such services are per- formed in a combat zone to services States Code (relating to special pay: duty formed. subject to hostile fire or imminent danger) (d) EFFECTIVE DATES.— performed in the Federal Republic of for services performed in such area. Yugoslavia (Serbia/Montenegro) and (1) IN GENERAL.—Except as provided in (c) SPECIAL RULE FOR SECTION 7508.—Solely paragraph (2), this section shall take effect certain other areas, and for other pur- for purposes of applying section 7508 of the on March 24, 1999. poses; second, that the bill be consid- Internal Revenue Code of 1986, in the case of (2) WITHHOLDING.—Subsection (a)(5) shall ered as read for amendment; third, that an individual who is performing services as apply to remuneration paid after the date of the amendment recommended by the part of Operation Allied Force outside the the enactment of this Act. United States while deployed away from Committee on Ways and Means now The SPEAKER pro tempore. The gen- printed in the bill be considered as such individual’s permanent duty station, the term ‘‘qualified hazardous duty area’’ in- tleman from Texas (Mr. ARCHER) and adopted; and fourth, that the previous cludes, during the period for which the enti- the gentleman from New York (Mr. question be considered as ordered on tlement referred to in subsection (b) is in ef- RANGEL) each will control 30 minutes. the bill, as amended, to final passage fect, any area in which such services are per- The Chair recognizes the gentleman without intervening motion, except, formed. from Texas (Mr. ARCHER) (d) EFFECTIVE DATES.— one, 1 hour of debate on the bill, as GENERAL LEAVE (1) IN GENERAL.—Except as provided in amended, equally divided and con- Mr. ARCHER. Mr. Speaker, I ask trolled by the chairman and ranking paragraph (2), this section shall take effect on March 24, 1999. unanimous consent that all Members minority member of the Committee on may have 5 legislative days within Ways and Means; and second, one mo- (2) WITHHOLDING.—Subsection (a)(5) shall apply to remuneration paid after the date of which to revise and extend their re- tion to recommit, with or without in- the enactment of this Act. marks and include extraneous matter structions; and fifth, that House Reso- The SPEAKER pro tempore. Pursu- on H.R. 1376. lution 140 be laid upon the table. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there ant to the order of the House of today, the amendment printed in the bill is objection to the request of the gen- objection to the request of the gen- tleman from Texas? tleman from Texas? adopted. The text of H.R. 1376, as amended, is There was no objection. There was no objection. Mr. ARCHER. Mr. Speaker, I yield Mr. ARCHER. Mr. Speaker, pursuant as follows: myself such time as I may consume. to the previous order of the House, I Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Mr. Speaker, I am proud to bring be- call up the bill (H.R. 1376) to extend the Congress assembled, fore the House today H.R. 1376, a bill to tax benefits available with respect to SECTION 1. AVAILABILITY OF CERTAIN TAX BEN- extend combat zone tax benefits to services performed in the Federal Re- EFITS FOR SERVICES AS PART OF U.S. troops serving in Operation Allied public of Yugoslavia (Serbia/Monte- OPERATION ALLIED FORCE. Force. H.R. 1376 will provide well-de- negro) and certain other areas, and for (a) GENERAL RULE.—For purposes of the served tax relief to those troops, in- other purposes, and ask for its imme- following provisions of the Internal Revenue cluding, first, tax-free treatment of diate consideration in the House. Code of 1986, a qualified hazardous duty area The Clerk read the title of the bill. shall be treated in the same manner as if it salaries earned while in the combat were a combat zone (as determined under zone; second, a 180-day tax and filing The SPEAKER pro tempore. The bill section 112 of such Code): is considered as read for amendment. suspension for our troops and those (1) Section 2(a)(3) (relating to special rule supporting them, the 180 days would be The text of H.R. 1376 is as follows: where deceased spouse was in missing sta- H.R. 1376 tus). marked from the date the mission has Be it enacted by the Senate and House of Rep- (2) Section 112 (relating to the exclusion of ended; and third, an exemption from resentatives of the United States of America in certain combat pay of members of the Armed the telephone excise tax for calls made Congress assembled, Forces). by our troops from the combat zone. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2099 Mr. Speaker, our men and women I am glad that President Clinton serving in the combat zone, but also to serving in Kosovo should be focused en- agrees. Nineteen days after committing those armed service personnel who are tirely on keeping themselves safe from our troops to the Kosovo area and 4 part of Operation Allied Force and who harm and achieving their mission. Cer- days after I announced our markup, have been relocated overseas. tainly the last thing they and their the President on Monday voiced sup- Since the President has now signed families need to worry about right now port for the main items in this bill, and the executive order, the revenue costs is dealing with the IRS. said he would issue an executive order associated with the bill are estimated They also deserve the favorable tax to achieve them. I understand that the to be negligible. treatment that we provide for military President has now signed that order. personnel serving in combat areas, be- However, our bill goes further than I include for the RECORD the revised cause the vivid footage and photo- the President’s executive order. As I revenue table. graphs from Yugoslavia clearly show mentioned, our bill gives the tax and The document referred to is as fol- that this is indeed a combat zone. filing suspension not only to those lows: ESTIMATED BUDGET EFFECTS OF H.R. 1376, RELATING TO TAX RELIEF FOR PERSONNEL IN YUGOSLAVIA, ALBANIA, THE ADRIATIC SEA, AND THE NORTHERN IONIAN SEA, AS APPROVED BY THE COMMITTEE ON WAYS AND MEANS ON APRIL 13, 1999 [Estimate Includes the Effect of the Executive Order Signed by the President on April 13, 1999, Declaring These Areas a Combat Zone—Fiscal Years 1999–2009 by millions of dollars]

Provision Effective 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 1999–2004 1999–2009

1. Designate ‘‘qualified hazardous duty area’’ to include Yugoslavia, Albania, the Adriatic Sea, and the Northern Ionian Sea ...... 3/24/99 NO REVENUE EFFECT 2. Provide section 7508 suspensions to certain military personnel outside of hazardous duty area 3/24/99 NEGLIGIBLE REVENUE EFFECT Net total ...... NEGLIGIBLE REVENUE EFFECT Note: Details may not add to totals due to rounding. Prepared by Joint Committee on Taxation.

Mr. Speaker, as long as our troops this legislation. I am confident we will repeat Mr. BUYER. Mr. Speaker, I thank are under fire, they certainly do not this bipartisan effort today. the chairman for bringing this legisla- need to be doing battle with the IRS, I am proud to be associated with this effort tion up, and also thank the President as well. I welcome the bipartisan sup- to provide American soldiers, sailors, airmen, for following the chairman’s lead on port for this bill, and look forward to and marines involved in Allied Force Oper- the legislation. its prompt passage. ation in the Kosovo area with much needed Mr. Speaker, I rise in support of H.R. Mr. Speaker, I reserve the balance of tax relief. 1376, the bill to extend tax benefits to my time. I stand here today as a former soldier who our brave American military personnel Mr. RANGEL. Mr. Speaker, I yield engaged in combat during the Korean war. serving in support operations in Yugo- myself such time as I may consume. Because of this experience, I can unequivo- slavia. Historically this benefit has Mr. Speaker, I am glad to join my cally state that deadlines for filing tax returns been applied to designated combat chairman in this bipartisan legislation and paying any taxes due are the last thing on zones. to show support for our American sol- the minds of our service men and women en- Let me be very clear. I recently ac- diers, our sailors, our airmen and ma- gaged in this operation. companied Secretary of Defense Cohen rines involved in this Allied Force op- This legislation would help eliminate stress to his recent trip to headquarters eration in the Kosovo area with this of complying with the impending deadlines Aviano and Ramstein air bases in Italy much needed tax relief. and the consequences of non-compliance not and in Germany. I came away from This legislation would at least re- only for our service men and women but also that trip with a couple of very stark lieve the stress of complying with com- for their families. realities. peting deadlines, and the consequences, Our service men and women continue to One, Europe is at war, and the Amer- of course, of noncompliance for our step up to the plate when duty demands it. ican service personnel are in it. Amer- servicemen, women, and their families. They perform their duties with enormous skill ican brave men and women are engaged We will continue to support their ef- and bravery. We can do likewise by expediting in combat. They do not need the bur- forts wherever our Armed Forces peo- the passage of this bill and quickly delivering dens of the administrative and bureau- ple are, and as the chairman has point- these benefits to our service men and women cratic Tax Code while serving on the ed out, President Clinton on April 12 and their families. battlefield, even though that battle- announced his intention to issue an ex- On Monday, April 12, 1999, President Clin- field is through the air power only at ecutive order designating this entire ton announced his intention to issue an Exec- this time. combat area as a combat zone, and we utive Order designating the Kosovo area of Currently these benefits are applica- both agree that is a first good step. operations as a ``combat Zone''. That action is ble to members of the military serving The bill also will extend certain tax a good first step. in Bosnia. However, the geocoordinates benefits to military personnel not di- I am pleased that the bill also would extend that have been applied for operations rectly engaged in combat but who oth- certain tax benefits to military personnel not in Bosnia do not apply to Serbia, Mon- erwise engage in this operation. In ad- directly engaged in combat, but who are other- tenegro, Albania and the Adriatic dition, certain support personnel, such wise engaged in this operation. In addition, Ocean and Indian Ocean. as staff of the Red Cross who support certain support personnel such as staff of the Although this legislation is included military personnel in the combat zone, Red Cross who support military personnel in in a tax relief package, in reality it is would receive some tax benefits. These the combat zone would receive some tax ben- a quality of life issue. As chairman of provisions acknowledge this effort re- efits. These provisions acknowledge that this the committee concerned with per- quires the participation of all to make effort requires the participation of all these in- sonnel, I view it with that sense. Con- it successful. dividuals to make it a success. gress must pass the provision to pro- I am glad that we have come to- My personnel experience as a member of vide the necessary peace of mind that gether on this, and I do hope that this the armed forces and my desire to keep our servicemembers serving in the Yugo- will be the first of several pieces of leg- military strong with the best America has to slavia area operations and their fami- islation that the chairman and I will be offer will make the passage of this legislation lies need in order to concentrate on bringing to the Floor in a bipartisan especially gratifying for me. their assigned combat mission. way. Mr. Speaker, I reserve the balance of The passage of the quality of life and Mr. Speaker, the legislation before us today my time. tax relief package on tax day will send is an example of the good we can accomplish Mr. ARCHER. Mr. Speaker, I yield 2 a critically important message to our when we come together in a bipartisan man- minutes to the gentleman from Indiana brave military men and women that ner and work toward a common goal. (Mr. BUYER), who has so actively pur- members of the military and the Amer- I am especially pleased that the Members of sued an interest in our troops and how ican people do care and appreciate the Committee on Ways and means came to- they are taken care of and how they their sacrifice and service under obvi- gether in a very bipartisan manner to advance are supported. ous risk. H2100 CONGRESSIONAL RECORD — HOUSE April 15, 1999 I have one question for the chairman. I might also add that recently I had I commend the Chairman and ranking mem- Mr. Speaker, since this is an allied the opportunity to visit with our men ber of the Ways and Means Committee for air power operation in which there are and women in Aviano Air Base, and their timely action on this important legislation. many bases from which these planes also the air base in Ramstein, Ger- As we are all aware today is April 15Ðthe come, if an individual is on a strategic many. I came away with the impres- dreaded tax filing day. However, the troops bomber or providing tactical or stra- sion that these are outstanding young serving in the Yugoslavian region should not tegic air fueling missions and finds Americans. They are working hard, be burdened with the additional worry of filing themselves within the combat zone of long hours. They are very, very profes- their taxes today. the theater of operations, would they sional in their duty. I am proud of Our troops are risking their lives to protect be covered under this legislation? what they are doing to ensure the suc- the interests of democracy and human rights Mr. ARCHER. Mr. Speaker, I yield cess of this effort. in Kosovo. They are bravely and tirelessly myself such time as I may consume. We also have men flying out of Knob working to counter an ethnic cleansing of cata- Mr. Speaker, it is the intention of Noster, Missouri, Whiteman Air Force strophic proportions. the committee to cover those people Base on a very regular basis, a 31-hour The legislation before us has three impor- who are in the combat zone. My under- round trip to and from the combat tant features to help the troops. standing is that if they are in there for zone, unloading their bombs and their First, H.R. 1376 says that the troops serving one part of a day, that they would be precision bombs from the B–2s and then in the region qualify for hazardous duty pay covered. returning back to the Whiteman Air and are exempted from all federal income Mr. BUYER. Mr. Speaker, will the Force Base in Missouri. taxes during their time of service in the com- gentleman yield? Mr. Speaker, I wish to ask the rank- bat zone. Mr. ARCHER. I yield to the gen- ing member a question. Second, H.R. 1376 gives the troops serving tleman from Indiana. In light of the fact that the pilots of in the combat zone and all personnel serving Mr. BUYER. So if we have a B–1 the B–2 bombers that fly out of White- in a support role a tax-filing extension of 180 bomber, a B–2, a B–52, an air fueling man Air Force Base, Missouri, enter days after their service with the current oper- mission from the United States that the combat zone, unload their bombs, ations ends. goes over and they come back, if they and return without stopping, is it the Third, the troops serving in the combat zone find themselves in the combat zone, intent of this legislation that they be would be exempt from the 3 percent phone they are covered by the gentleman’s covered? excise tax on all telephone calls. legislation? Mr. RANGEL. Mr. Speaker, will the Mr. Speaker, I urge the House to pass this Mr. ARCHER. If they are in the com- gentleman yield? important legislation to help our brave service- bat zone. Mr. SKELTON. I yield to the gen- men and women. Easing their tax burden is Mr. BUYER. That is very appro- tleman from New York. the least we can do to show our appreciation priate. Mr. RANGEL. There is no question for their sacrifice and dedication. Mr. ARCHER. I would add, for the about that, and the chairman has Ms. JACKSON-LEE of Texas. Mr. Speaker, gentleman, because I know others will shared that view. I rise in support of H.R. 1376. This bill will ex- be concerned about this, that we have Mr. SKELTON. I thank the gen- tend tax benefits to U.S. military personnel not extended this to any personnel that tleman so much. serving in the NATO campaign against Yugo- stayed domestically located in the Mr. GARY MILLER of California. Mr. Speak- slavia. Mr. Speaker; the men and women serving United States of America because we, er, I rise to speak in favor of H.R. 1376. Our American soldiers are far away from home, our nation in conjunction with the NATO oper- in this legislation, do not intend to ations in Yugoslavia should know they have change the rules under which we have fighting for our interests. They are giving up time with their families, birthdays, anniver- our full support. The endeavors in which they operated on all previous engagements. have been engaged serve a higher purpose. As a result, although they may be in- saries, holidays and other special days. If they For Mr. Speaker, I know of no one who wants have to give up all the ``good'' days, the least volved in the operation, if they never to see the continuation of conflict in Europe. we can do is postpone one ``bad'' day for leave the United States of America, The United States and its NATO allies cannot them. then they would not be covered under walk away from these ethnic, religious, and ra- American soldiers in combat zones should this legislation. cial atrocities. NATO's efforts and those of our not have to worry about tax day. H.R. 1376 Mr. BUYER. I thank the chairman men and women in the Yugoslavian region are gives our soldiers in combat, or in hazardous for his legislation. dedicated towards a noble cause of trying to Mr. ARCHER. Mr. Speaker, I reserve duty areas, tax benefits. They will not have to get the world to live on human terms. the balance of my time. pay taxes on hazardous duty combat pay. The forces are working to save innocent Mr. RANGEL. Mr. Speaker, I yield 3 They will not have to file tax returns until 180 lives, to protect the peace and freedom and minutes to the gentleman from Mis- days after they come back. God forbid this stability of Europe. These forces will put an souri (Mr. SKELTON). should happen, but if one of our soldiers dies, end to Milosevic's notion that it is okay to up- Mr. SKELTON. Mr. Speaker, I appre- their survivors will not have to pay estate root, destroy and murder people simply be- ciate the gentleman yielding time to taxes or the soldier's income taxes. They will cause he does not like their ethnic background me. not have to pay income taxes on income or religion. I and the other Members of this As the ranking member of the Com- earned in a combat zone. They will not have body, are profoundly grateful for the sacrifices mittee on Armed Services, Mr. Speak- to pay the 3 percent federal phone tax, which of the young men and women called to serve er, I recognize the dedication of our none of us should have to pay. this nation. Let me also pause to thank the men and women in uniform and the We all worry about todayÐtax day. We all families and loved ones of our service mem- personal sacrifices that they make to dread filling out or taxes and seeing how bers, we should not take for granted the sac- protect our national security and to much of our hard earned money goes out of rifice that they make on a daily basis. ensure international stability. our pockets and to the government. Our sol- I am committed to support you in any way American servicemen and women diers have enough to worry about without hav- that I can. I was pleased to see that President serving in the Yugoslav area are engag- ing to worry about taxes. Clinton early this week issued an executive ing in difficult and dangerous missions When I think of Staff Sergeant Andrew Ra- order making tax-free most or all of the pay as good and loyal Americans. It is our mirez, Staff Sergeant Christopher Stone and received by U.S. Military personnel in Yugo- duty to show our appreciation for their Specialist Steven Gonzalez, who are now pris- slavia combat zone. President Clinton's execu- unselfish actions by removing some of oners of war being held in a hostile European tive order also extended suspended for U.S. the financial burdens of combat serv- country, it puts this all in perspective. It is ab- civilians in the war zone. ice. surd to think of those three sitting there having H.R. 1376 will extend tax benefits to U.S. As we did for the troops serving in to worry about tax day. military personnel serving in the NATO cam- the Persian Gulf, we must take meas- Please support H.R. 1376ÐIt is the least we paign. U.S. troops receiving ``hazardous duty'' ures to exempt the hazardous pay of can do. pay, a salary bonus for serving in a hostile U.S. troops and U.S. service personnel Mr. KLECZKA. Mr. Speaker, I rise today in area, would not have to pay income tax on serving in Yugoslavia and that area support of H.R. 1376, legislation to provide tax any pay earned while in the Yugoslavia com- from income tax. I urge Members’ sup- relief for military personnel serving in Yugo- bat zone. In addition, the troops would be ex- port for this legislation. slavia. empt from filing income tax, from filing income April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2101 tax returns during their ``hazardous duty'' serv- Ehlers Kolbe Portman Watt (NC) Wexler Wolf Ehrlich Kucinich Price (NC) Watts (OK) Weygand Woolsey ice, and would not have to file final returns Emerson Kuykendall Pryce (OH) Weiner Whitfield Wu until 180 days after such service ends. Engel LaFalce Quinn Weldon (FL) Wicker Wynn This measure should enjoy bipartisan sup- English LaHood Radanovich Weldon (PA) Wilson Young (AK) port because our troops should not have to Eshoo Lampson Rahall Weller Wise Young (FL) Etheridge Lantos Ramstad worry about their taxes. I urge my colleagues Evans Largent Rangel NOT VOTING—10 to support our troops in their current mission Everett Larson Regula Brown (CA) Istook Sweeney by supporting this bill. I support this mission, Ewing Latham Reyes Dicks Moakley Waxman our troops, and pray that they are successful Farr LaTourette Reynolds Hastings (FL) Ros-Lehtinen Fattah Lazio Riley Hastings (WA) Shuster in their efforts to restore peace and stability to Filner Leach Rivers Europe. Fletcher Lee Rodriguez b 1612 Mr. RANGEL. Mr. Speaker, I have no Foley Levin Roemer So the bill was passed. further requests for time, and I yield Forbes Lewis (CA) Rogan Ford Lewis (GA) Rogers The result of the vote was announced back the balance of my time. Fossella Lewis (KY) Rohrabacher as above recorded. Mr. ARCHER. Mr. Speaker, I have no Fowler Linder Rothman A motion to reconsider was laid on further requests for time, and I yield Frank (MA) Lipinski Roukema the table. back the balance of my time. Franks (NJ) LoBiondo Roybal-Allard Frelinghuysen Lofgren Royce Stated for: Frost Lowey Rush Mr. SWEENEY. Mr. Speaker, I missed roll- b 1545 Gallegly Lucas (KY) Ryan (WI) Ganske Lucas (OK) Ryun (KS) call No. 91. My daughter is a finalist in ``Writ- The SPEAKER pro tempore (Mr. Gejdenson Luther Sabo ing Olympics'' and I will be attending her con- SHIMKUS). All time has expired. Gekas Maloney (CT) Salmon test. Had I been present, I would have voted Pursuant to the order of the House of Gephardt Maloney (NY) Sanchez ``yes.'' today, the previous question is ordered Gibbons Manzullo Sanders Gilchrest Markey Sandlin Mr. ISTOOK. Mr. Speaker, I was unavoid- on the bill, as amended. Gillmor Martinez Sanford ably detained in committee and missed rollcall The question is on engrossment and Gilman Mascara Sawyer vote No. 91, which was on H.R. 1376, a bill third reading of the bill. Gonzalez Matsui Saxton to provide tax benefits to American military The bill was ordered to be engrossed Goode McCarthy (MO) Scarborough Goodlatte McCarthy (NY) Schaffer personnel in Yugoslavia, had I been present, and read a third time, and was read the Goodling McCollum Schakowsky I would have voted ``aye.'' third time. Gordon McCrery Scott Mr. SHUSTER. Mr. Speaker, I regret that The SPEAKER pro tempore. The Goss McDermott Sensenbrenner Graham McGovern Serrano due to responsibilities in my congressional dis- question is on the passage of the bill. Granger McHugh Sessions trict that today I was unable to vote on H.R. The question was taken; and the Green (TX) McInnis Shadegg 1376, ``Tax Benefits to American Military per- Speaker pro tempore announced that Green (WI) McIntosh Shaw sonnel in Yugoslavia.'' If I were able to vote the ayes appeared to have it. Greenwood McIntyre Shays Gutierrez McKeon Sherman on H.R. 1376 I would have voted in favor of Mr. ARCHER. Mr. Speaker, I object Gutknecht McKinney Sherwood this important bill. This bill which provides tax to the vote on the ground that a Hall (OH) McNulty Shimkus relief to our brave servicemen and service- quorum is not present and make the Hall (TX) Meehan Shows women is the least we can do for our soldiers point of order that a quorum is not Hansen Meek (FL) Simpson Hastert Meeks (NY) Sisisky who are putting their lives on the line in serv- present. Hayes Menendez Skeen ice of our country. It is my hope and belief that The SPEAKER pro tempore. Evi- Hayworth Metcalf Skelton this bill will be approved quickly by the Con- dently a quorum is not present. Hefley Mica Slaughter Herger Millender- Smith (MI) gress and signed by the President so that we The Sergeant at Arms will notify ab- Hill (IN) McDonald Smith (NJ) can give a little back to the men and women sent Members. Hill (MT) Miller (FL) Smith (TX) who are giving our nation so much. The vote was taken by electronic de- Hilleary Miller, Gary Smith (WA) vice, and there were—yeas 424, nays 0, Hilliard Miller, George Snyder f Hinchey Minge Souder not voting 10, as follows: Hinojosa Mink Spence PERSONAL EXPLANATION [Roll No. 91] Hobson Mollohan Spratt Hoeffel Moore Stabenow YEAS—424 Ms. ROS-LEHTINEN. Mr. Speaker, I was Hoekstra Moran (KS) Stark unavoidably detained and wish to be recorded Abercrombie Bonilla Condit Holden Moran (VA) Stearns Ackerman Bonior Conyers Holt Morella Stenholm as a ``yes'' vote on final passage of H.J. Res. Aderholt Bono Cook Hooley Murtha Strickland 37 (rollcall 90) and H.R. 1376 (rollcall 91). Allen Borski Cooksey Horn Myrick Stump Andrews Boswell Costello Hostettler Nadler Stupak f Archer Boucher Cox Houghton Napolitano Sununu Armey Boyd Coyne Hoyer Neal Talent PERMITTING USE OF ROTUNDA OF Bachus Brady (PA) Cramer Hulshof Nethercutt Tancredo CAPITOL FOR CEREMONY IN Baird Brady (TX) Crane Hunter Ney Tanner Baker Brown (FL) Crowley Hutchinson Northup Tauscher HONOR OF FIFTIETH ANNIVER- Baldacci Brown (OH) Cubin Hyde Norwood Tauzin SARY OF NATO, AND WEL- Baldwin Bryant Cummings Inslee Nussle Taylor (MS) COMING REPUBLIC OF POLAND, Ballenger Burr Cunningham Isakson Oberstar Taylor (NC) REPUBLIC OF HUNGARY, AND Barcia Burton Danner Jackson (IL) Obey Terry Barr Buyer Davis (FL) Jackson-Lee Olver Thomas THE CZECH REPUBLIC INTO Barrett (NE) Callahan Davis (IL) (TX) Ortiz Thompson (CA) NATO Barrett (WI) Calvert Davis (VA) Jefferson Ose Thompson (MS) Bartlett Camp Deal Jenkins Owens Thornberry Mr. THOMAS. Mr. Speaker, I ask Barton Campbell DeFazio John Oxley Thune unanimous consent that the Com- Bass Canady DeGette Johnson (CT) Packard Thurman mittee on House Administration be dis- Bateman Cannon Delahunt Johnson, E. B. Pallone Tiahrt Becerra Capps DeLauro Johnson, Sam Pascrell Tierney charged from further consideration of Bentsen Capuano DeLay Jones (NC) Pastor Toomey the concurrent resolution (H. Con. Res. Bereuter Cardin DeMint Jones (OH) Paul Towns 81) permitting the use of the rotunda of Berkley Carson Deutsch Kanjorski Payne Traficant the Capitol for a ceremony in honor of Berman Castle Diaz-Balart Kaptur Pease Turner Berry Chabot Dickey Kasich Pelosi Udall (CO) the Fiftieth Anniversary of the North Biggert Chambliss Dingell Kelly Peterson (MN) Udall (NM) Atlantic Treaty Organization (NATO) Bilbray Chenoweth Dixon Kennedy Peterson (PA) Upton and welcoming the three newest mem- Bilirakis Clay Doggett Kildee Petri Velazquez Bishop Clayton Dooley Kilpatrick Phelps Vento bers of NATO, the Republic of Poland, Blagojevich Clement Doolittle Kind (WI) Pickering Visclosky the Republic of Hungary, and the Czech Bliley Clyburn Doyle King (NY) Pickett Walden Republic, into NATO, and ask for its Blumenauer Coble Dreier Kingston Pitts Walsh immediate consideration in the House. Blunt Coburn Duncan Kleczka Pombo Wamp Boehlert Collins Dunn Klink Pomeroy Waters The Clerk read the title of the con- Boehner Combest Edwards Knollenberg Porter Watkins current resolution. H2102 CONGRESSIONAL RECORD — HOUSE April 15, 1999 The SPEAKER pro tempore (Mr. United States Capitol is authorized to be A motion to reconsider was laid on SHIMKUS). Is there objection to the re- used on April 23, 1999, for a ceremony in the table. quest of the gentleman from Cali- honor of the Fiftieth Anniversary of the f fornia? North Atlantic Treaty Organization (NATO) and welcoming the three newest members of Mr. HOYER. Mr. Speaker, reserving EXPRESSING SENSE OF CONGRESS NATO, the Republic of Poland, the Republic THAT GOVERNMENT OF FED- the right to object, and I will not ob- of Hungary, and the Czech Republic, into ject, but under my reservation I would ERAL REPUBLIC OF YUGOSLAVIA NATO. Physical preparations for the cere- AND PRESIDENT MILOSEVIC RE- be pleased to allow the chairman of the mony shall be carried out in accordance with LEASE UNITED STATES SERV- Committee on House Administration, such conditions as the Architect of the Cap- the gentleman from California (Mr. itol may prescribe. ICEMEN AND ABIDE BY GENEVA CONVENTION THOMAS), the opportunity to explain The concurrent resolution was agreed the resolution. to. Mr. GILMAN. Mr. Speaker, I ask Mr. THOMAS. Mr. Speaker, will the A motion to reconsider was laid on unanimous consent that the Com- gentleman yield? the table. mittee on International Relations and Mr. HOYER. I yield to the gentleman f the Committee on Armed Services be from California. discharged from further consideration Mr. THOMAS. Mr. Speaker, I thank RECOGNIZING AND HONORING of the concurrent resolution (H. Con. the gentleman for yielding. CREWMEMBERS OF U.S.S. ‘‘ALA- Res. 83) expressing the sense of the As was indicated, this is the use of BAMA’’ AND U.S.S. ALABAMA Congress that the Government of the the rotunda for the celebration of the CREWMEN’S ASSOCIATION Federal Republic of Yugoslavia and its fiftieth anniversary of NATO, and it is Mr. CALLAHAN. Mr. Speaker, I ask President Slobodan Milosevic release an especially important fiftieth anni- unanimous consent that the Com- the three illegally detained United versary because of the beginning of the mittee on Armed Services be dis- States servicemen and abide by the Ge- expansion of NATO across what we charged from further consideration of neva Convention protocols regarding used to know historically as the Iron the resolution (H. Res. 123) recognizing the treatment of both prisoners of war Curtain. and honoring the crewmembers of the and innocent civilians, and ask for its U.S.S. Alabama (BB–60) and the U.S.S. b 1615 immediate consideration in the House. Alabama Crewmen’s Association, and The Clerk read the title of the con- It is, in fact, probably the best evi- ask for its immediate consideration in current resolution. dence we have seen of the reunification the House. The SPEAKER pro tempore. Is there of Europe with the admission of the The Clerk read the title of the resolu- objection to the request of the gen- Republic of Poland and the Republic of tion. tleman from New York? Hungary and the Czech Republic. The SPEAKER pro tempore. Is there Mrs. NAPOLITANO. Mr. Speaker, re- Mr. HOYER. Mr. Speaker, further re- objection to the request of the gen- serving the right to object, and I will serving the right to object, I of course tleman from Alabama? not object, I yield to the gentleman agree with the characterization of this There was no objection. from New York (Mr. GILMAN) for an ex- resolution and would add, under my The Clerk read the resolution, as fol- planation of the concurrent resolution. reservation, my own remarks that it is lows: Mr. GILMAN. Mr. Speaker, I thank certainly appropriate that this House H. RES. 123 the gentlewoman for yielding. recognize and allow the recognition of Whereas the U.S.S. ALABAMA (BB–60) was Mr. Speaker, this resolution ex- NATO in the Rotunda. a South Dakota class battleship that served presses the sense of the Congress that NATO is one of the, perhaps, if not first in the North Atlantic and then in the the Government of the Federal Repub- the most successful alliance in the his- Pacific Fleet during World War II; lic of Yugoslavia and its President, tory of the world in terms of maintain- Whereas in the course of World War II, the Slobodan Milosevic, should release the ing and keeping peace. There is cer- crewmembers of the U.S.S. ALABAMA di- three U.S. servicemen now in his cus- tainly none that excel it. And I am rectly shot down 22 enemy aircraft; tody. This certainly is an issue of the pleased to join with the gentleman Whereas the crewmembers of the U.S.S. ALABAMA earned the American Service highest national concern, and our from California (Mr. THOMAS) in the Medal, the European-African-Middle Eastern thoughts and prayers are with these support of this resolution. Medal, the Asiatic-Pacific Campaign Medal brave individuals and their families. Mr. Speaker, I withdraw my reserva- with 9 Battle Stars, the Philippine Republic I want to commend the gentlewoman tion of objection. Presidential Unit Citation, the Philippine from California (Mrs. NAPOLITANO) for The SPEAKER pro tempore. Is there Liberation Ribbon, the World War II Victory bringing this measure forward at this objection to the request of the gen- Medal, and the Navy Occupation Service time. This resolution duly states that tleman from California? Medal; the Yugoslav authorities are respon- Mr. GILMAN. Mr. Speaker, reserving Whereas the crewmembers of the U.S.S. ALABAMA were a courageous group, braving sible under the Geneva Convention for the right to object, but I will not ob- both the Arctic chill and the Pacific heat to the treatment of Staff Sergeant Chris- ject, I welcome this measure. Next help defend the Nation against enemy op- topher Stone of Smith’s Creek, Michi- week we will be privileged to host in pression; gan; Staff Sergeant Andrew A. Ramirez Washington the 50th anniversary of our Whereas many former crewmembers of the of Los Angeles, California; and Spe- North Atlantic Treaty Organization. U.S.S. ALABAMA belong to the U.S.S. ALA- cialist Steven M. Gonzales of Hunts- The Congress is honored to be able to BAMA Crewmen’s Association; ville, Texas. play a part in these festivities. Whereas each year former crewmembers Frankly, it is outrageous that The resolution will enable us to uti- participate in an annual reunion to celebrate Milosevic and his henchmen are toying their shared service, memories, and friend- lize the Rotunda to hold an appropriate ship; and with these soldiers, exploiting them for ceremony in connection with this very Whereas more than 100 former crew- their own purposes and at the same important 50th anniversary commemo- members, along with family and friends, are time refusing to honor their commit- ration. I urge my colleagues to support expected to participate in the next reunion, ment under the Geneva Convention to the resolution. which will be held from April 15 to 18, 1999, permit access of the International Mr. Speaker, I withdraw my reserva- aboard the U.S.S. ALABAMA at Battleship Committee of the Red Cross to verify tion of objection. Memorial Park in Mobile, Alabama: Now, that these men are not being mis- Is there objection to the request of therefore, be it treated. the gentleman from California? Resolved, That the House of Representa- tives recognizes and honors the crew- The only photos that we have seen of There was no objection. members of the U.S.S. ALABAMA (BB–60) these men since their abduction indi- The Clerk read the concurrent reso- and the U.S.S. ALABAMA Crewmen’s Asso- cate that we indeed have cause to be lution, as follows: ciation for their valuable contributions to highly concerned with regard to their H. CON. RES. 81 victory and peace in World War II and to the well-being. The fact that our service- Resolved by the House of Representatives (the security and prosperity of the Nation. men were engaged in a peaceful activ- Senate concurring), That the rotunda of the The resolution was agreed to. ity, ensuring the stability of the region April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2103 and helping to prevent the spread of United States Congress, but of the Government and its president Slobodan the conflict, only heightens our out- American people that we support our Milosevic for the unconditional release of rage over the exploitation of their cap- three brave young men being held pris- the 3 detained United States servicemen and, tivity by the Yugoslav authorities. oner in Yugoslavia: U.S. Army Staff in the interim, demand their health and safe- ty, and that the International Committee of I hope that we will, through this res- Sergeant Andrew Ramirez, Staff Ser- the Red Cross be allowed to visit the service- olution, signal our strong support for geant Christopher Stone, and Spe- men and verify their condition without su- our military personnel, for their fami- cialist Steven M. Gonzales. pervision; lies, and also send the message to the Their patriotism, their bravery, and (3) the United States Government should Yugoslav Government and its leaders their service to our country is both condemn any move on the part of the Gov- that we are going to hold them strictly humbling and inspiring. These coura- ernment of the Federal Republic of Yugo- accountable for their swift and safe re- geous men went to Europe prepared to slavia to put the three detained United turn. make the ultimate sacrifice for the States servicemen on trial—an act expressly Accordingly, I urge my colleagues to noble causes of peace and freedom. Now forbidden by the Geneva Convention; that their own freedom is at stake, the (4) the United States Government should unanimously support H. Con. Res. 83. hold the Government of the Federal Republic Mrs. NAPOLITANO. Mr. Speaker, United States, its Congress, and the of Yugoslavia and its President Slobodan under my reservation of objection, I American people stand firmly in soli- Milosevic personally responsible for the wel- yield to the gentleman from Michigan darity with them and their families in fare of the 3 detained United States service- (Mr. BONIOR). calling for their release. men; Mr. BONIOR. Mr. Speaker, I thank I thank all my colleagues for joining (5) the United States Government should the gentlewoman for yielding. me in supporting these brave soldiers continue to condemn the atrocities com- I just wanted to take the floor, Mr. of ours and praying for their speedy re- mitted by the Yugoslav Army or para- Speaker, to express my appreciation to turn to freedom. And God bless all our military forces against civilians in Kosovo, particularly crimes associated with ‘‘ethnic the Speaker, the gentleman from Illi- servicemen throughout the world. Mr. Speaker, I withdraw my reserva- cleansing’’; and nois (Mr. HASTERT), for bringing this (6) the United States Government should resolution to the floor in a timely fash- tion of objection. support the prosecution under the Geneva ion and for being cooperative on this. I The SPEAKER pro tempore. Is there Convention of all commanders of the Yugo- think he does the House proud in the objection to the gentleman from New slav Army or paramilitary forces taking part way he has acted on this piece of legis- York? in acts of ethnic cleaning against civilians. There was no objection. lation, and I wanted him to know that AMENDMENT IN THE NATURE OF A SUBSTITUTE The Clerk read the concurrent reso- OFFERED BY MR. GILMAN we thank him on this side of the aisle lution, as follows: for his courtesies and for the expedi- Mr. GILMAN. Mr. Speaker, I offer an H. CON. RES. 83 tious manner in which he has handled amendment in the nature of a sub- this. Whereas United States Army Staff Sgt. stitute. Andrew A. Ramirez, 24, of Los Angeles; Staff The Clerk read as follows: I also want to thank the gentleman Sgt. Christopher J. Stone, 25, of Smiths from Missouri (Mr. GEPHARDT), as well Amendment in the nature of a substitute Creek, Michigan and San Antonio Texas, and offered by Mr. GILMAN: as my colleague from California (Mrs. Spc. Steven M. Gonzales, 21, of Huntsville, Strike all after the resolving clause and in- NAPOLITANO) who has offered this reso- Texas were abducted from Macedonian terri- sert the following: lution and for her leadership, the gen- tory by Serb forces on March 31, 1999, while That— tleman from Connecticut (Mr. GEJDEN- patrolling the Kumanovo area 3 miles from (1) the United States Government should SON), my friend the gentleman from the southern Yugoslavia border; commend the 3 detained United States sol- Whereas these 3 honorable United States New York (Mr. GILMAN), the gentleman diers for their patriotism, bravery, service, soldiers, serving in noncombatant status, are and duty to their country; from Missouri (Mr. SKELTON), the gen- now in the custody of the Government of the tleman from South Carolina (Mr. (2) the United States Government should Federal Republic of Yugoslavia and its Presi- continue to forcefully press the Yugoslav SPENCE) and all of the others who made dent Slobodan Milosevic; Government and its president Slobodan this possible. Whereas the Geneva Convention, the 1949 Milosevic for the unconditional release of With this resolution, the House reaf- treaty setting forth international protocols the 3 detained United States servicemen and, firms its deep commitment and con- for the treatment of both civilians and mili- in the interim, to guarantee their health and cern for our soldiers in captivity: tary personnel during armed conflicts and safety, and permit the International Com- Christopher Stone, Steven Gonzales, declared wars, stipulates that prisoners of mittee of the Red Cross to visit the service- and Andrew Ramirez. war must at all times be humanely treated, men and verify their condition without su- provided any necessary medical assistance, And as the gentleman from New York pervision, and that all other provisions of protected against acts of violence or intimi- the Geneva Conventions be fully respected; (Mr. GILMAN) so correctly stated just a dation and against insults and public curi- (3) the United States Government should second ago, we insist that Slobodan osity and evacuated from any area of danger; condemn any move on the part of the Gov- Milosevic and the Yugoslavs follow the Whereas the Geneva Convention also pro- ernment of the Federal Republic of Yugo- Geneva Convention with respect to hibits putting prisoners of war on trial for slavia to put the three detained United these three soldiers and that they be engaging in ordinary acts of warfare for States servicemen on trial or subject them allowed to be visited by the Red Cross which the capturing country’s own soldiers to public display; and and they be treated humanely while would not be charged; (4) the United States Government should Whereas under the Geneva Convention, the hold the Government of the Federal Republic they are captive. These brave men are International Committee of the Red Cross in our thoughts, and we join Americans of Yugoslavia and its President Slobodan (ICRC) has the right to nonsupervised visits Milosevic directly responsible for the welfare everywhere in praying for their swift of prisoners to ensure they are being treated of the 3 detained United States servicemen. and safe return. well; Mr. GILMAN (during the reading). Again, I want to congratulate my Whereas the Yugoslav Government has as Mr. Speaker, I ask unanimous consent colleague from California (Mrs. yet not responded to the ICRC’s requests; that the amendment be considered as NAPOLITANO) for her leadership on this and read and printed in the RECORD. issue. Whereas sanctions can be applied to sig- natories of the Geneva Convention for failing The SPEAKER pro tempore. Is there Mrs. NAPOLITANO. Mr. Speaker, to abide by the convention: Now, therefore, objection to the request of the gen- further reserving the right to object, I be it: tleman from New York? thank the gentleman from New York Resolved by the House of Representatives (the There was no objection. (Mr. GILMAN) and the gentleman from Senate concurring), That— The SPEAKER pro tempore. The Illinois (Mr. HASTERT) and everybody (1) the United States Government should question is on the amendment in the involved. It was a joint effort. It was commend the 3 detained United States sol- nature of a substitute offered by the not just my doing. So I thank the gen- diers for their exemplary service, bravery, duty to their country, and part in helping to gentleman from New York (Mr. GIL- tleman from New York (Mr. GILMAN) ensure a peaceful multiethnic democratic MAN). for his support and really fast-tracking Kosovo on the basis of the Rambouillet Ac- The amendment in the nature of a it. cords; substitute was agreed to. House Concurrent Resolution 83 ex- (2) the United States Government should The concurrent resolution was agreed presses the sentiment not only of the continue to forcefully press the Yugoslav to. H2104 CONGRESSIONAL RECORD — HOUSE April 15, 1999 AMENDMENT TO THE PREAMBLE OFFERED BY House adjourns today, it adjourn to lars, a deficit that increases with in- MR. GILMAN meet at 2 p.m. on Monday next. creased demand on welfare and other Mr. GILMAN. Mr. Speaker, I offer an The SPEAKER pro tempore. Is there Federal programs that our children amendment to the preamble. objection to the request of the gen- need for those of us living up to our re- The Clerk read as follows: tleman from Washington? sponsibilities. Amendment to the preamble offered by Mr. There was no objection. This is simply unfair. And most of GILMAN: f all, it is unfair and outright cruel for Strike the preamble and insert the fol- the children involved. When a parent lowing: HOUR OF MEETING ON TUESDAY, Whereas United States Army Staff Sgt. fails to pay child support, children hear Andrew A. Ramirez, 24, of Los Angeles; Staff APRIL 20, 1999 a clear message. The message is that Sgt. Christopher J. Stone, 25, of Smiths Mr. NETHERCUTT. Mr. Speaker, I they do not matter. Creek, Michigan and San Antonio Texas, and ask unanimous consent that when the The gentleman from Illinois (Mr. Spc. Steven M. Gonzales, 21, of Huntsville, House adjourns on Monday, April 19, HYDE) and I believe that it is time to Texas were captured on March 31, 1999, while 1999, it adjourn to meet at 12:30 p.m. on show these children that they do mat- patrolling the Kumanovo area; Tuesday, April 20, for morning hour de- ter, it is time for us as a Nation to care Whereas these 3 honorable United States as much about our children as we do soldiers are now in the custody of the Gov- bates. The SPEAKER pro tempore. Is there about the IRS. That is why today we ernment of the Federal Republic of Yugo- unveiled legislation to put the Federal slavia and its President Slobodan Milosevic; objection to the request of the gen- Whereas the Geneva Conventions, the 1949 tleman from Washington? Government in charge of collecting treaties setting forth international require- There was no objection. child support. ments for the treatment of both civilians As many people know, I have a very f and military personnel during armed con- special interest in reforming child sup- flicts, stipulates that prisoners of war must DISPENSING WITH CALENDAR port collection. I know firsthand about at all times be humanely treated, provided WEDNESDAY BUSINESS ON the difficulty of not receiving child any necessary medical assistance, protected WEDNESDAY NEXT support because 30 years ago I was left against acts of violence or intimidation and to fend for my three children, 1, 3, and against insults and public curiosity and Mr. NETHERCUTT. Mr. Speaker, I 5 years old, when their father did not evacuated from any area of danger; ask unanimous consent that the busi- pay 1 cent of child support. Whereas the Third Geneva Convention also ness in order under the Calendar prohibits putting prisoners of war on trial Wednesday rule be dispensed with on b 1630 for engaging in ordinary acts of warfare for Wednesday next. With no means to collect child sup- which the capturing country’s own soldiers would not be charged; The SPEAKER pro tempore. Is there port, even though I was employed, I Whereas under the Geneva Conventions, objection to the request of the gen- went on welfare to make ends meet. the International Committee of the Red tleman from Washington? Had we received the child support that Cross (ICRC) has the right to nonsupervised There was no objection. was due us, we would not have been on visits of prisoners to ensure they are being f welfare. treated well; The legislation that the gentleman Whereas the Yugoslav Government has as SPECIAL ORDERS from Illinois (Mr. HYDE) and I are in- yet not responded to the ICRC’s requests; The SPEAKER pro tempore. Under troducing today, the Compassion for and Children and Child Support Enforce- Whereas sanctions can be applied to par- the Speaker’s announced policy of Jan- ties to the Geneva Conventions for failing to uary 6, 1999, and under a previous order ment Act, makes paying child support abide by the conventions: Now, therefore, be of the House, the following Members as important as paying taxes, and it it: will be recognized for 5 minutes each. makes sure that deadbeat parents Mr. GILMAN (during the reading). f know it. Simply put, our bill will fed- eralize child support collection and dis- Mr. Speaker, I ask unanimous consent The SPEAKER pro tempore. Under a that the amendment be considered as bursement. Court-ordered support pay- previous order of the House, the gentle- ments would simply be withheld from read and printed in the RECORD. woman from the District of Columbia The SPEAKER pro tempore. Is there an employee’s pay, just like other pay- (Ms. NORTON) is recognized for 5 min- objection to the request of the gen- roll deductions. It is easy, it is effi- utes. cient, and it will work better than the tleman from New York? (Ms. NORTON addressed the House. There was no objection. fragmented State-by-State system now Her remarks will appear hereafter in The SPEAKER pro tempore. The in place. After billions of dollars of the Extensions of Remarks.) question is on the amendment to the Federal assistance, States still collect preamble offered by the gentleman f only 22 percent of what children are from New York (Mr. GILMAN). CHILD SUPPORT COLLECTION owed. Now, to be fair, that is an increase, The amendment to the preamble was REFORM agreed to. because 2 years ago child support col- TITLE AMENDMENT OFFERED BY MR. GILMAN The SPEAKER pro tempore. Under a lection rates were only 20 percent. But Mr. GILMAN. Mr. Speaker, I offer an previous order of the House, the gentle- if we wait for collection to go up 2 per- amendment to the title. woman from California (Ms. WOOLSEY) cent each year, custodial parents will The Clerk read as follows: is recognized for 5 minutes. be collecting Social Security before Title amendment offered by Mr. GILMAN: Ms. WOOLSEY. Mr. Speaker, it is tax they collect child support. Our kids Amend the title so as to read: ‘‘Concurrent day in America. On April 15 each year, cannot afford to wait that long. resolution expressing the sense of the Con- each of us has dutifully fulfilled our In my home State of California, our gress that the Government of the Federal duty. We have filled out forms, written children will have an even longer wait Republic of Yugoslavia and its President checks, and stood or are standing in under the current system. California is Slobodan Milosevic release the three de- long lines at the post office. We do this one of nine States without a State- tained United States servicemen and abide by the Geneva Conventions regarding the because it is our obligation and be- wide tracking system up and running. treatment of both prisoners of war and civil- cause it is the law. California has wasted $200 million to ians.’’. Well, many parents have another ob- build a system which has never gotten The title amendment was agreed to. ligation under the law, and that is to off the ground. Without a system in A motion to reconsider was laid on pay support for their children. But four place, our State could face $400 million the table. out of five noncustodial parents simply in fines by the year 2002 for failing to f do not pay, and they are getting away meet Federal deadlines. scot-free. This failure is a shame. It is a dis- ADJOURNMENT TO MONDAY, Mr. Speaker, such irresponsibility aster for California’s children. But be- APRIL 19, 1999 not only hurts their own children but yond that, it demonstrates the most Mr. NETHERCUTT. Mr. Speaker, I drains the Federal budget and causes fundamental flaw in the current sys- ask unanimous consent that when the the deficit that we fill with our tax dol- tem. A chain is only as strong as its April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2105 weakest link. One county, one State Gigot wrote: ‘It’s as if liberals feel bet- Once again uniformed leaders are being not quite up to par, and a deadbeat par- ter waging war when U.S. interests ordered to make war and peace simul- ent has an instant safe haven to avoid aren’t at stake.’ taneously.’’ child support collection. ‘‘The Kosovo peace war is all about As the late Army Gen. Creighton Abrams, With our legislation, deadbeat par- good intentions and grand social objec- Vietnam-era Chief of Staff used to say, ``Fight- ents will have nowhere to hide. Cross a tives. President Clinton said so in a ing in the name of peace is like seeking virtue county line or a State border, and we speech before a public employees’ in a bordello.'' still have a hold on the paycheck. I union on March 23, rambling on about It is time to start over, before a bad situation know it will surprise our fellow citi- a vision of ‘diversity, community, be- gets worse. The deployment of land troops for zens who are standing in line at the longing, and wanting our neighbors to combatÐdaintily described by Mrs. Albright as post office to send their tax returns in do well,’ the President rhapsodized, a ``nonpermissive environment''Ðwill not bring as we speak, but the IRS has an 84 per- ‘This is why I devoted so much time,’ peace to a Kosovo that no longer exists. Why cent success rate. We can and must quoting the President, ‘to that initia- not follow the president's lead, and do some- harness that success for our children. tive on race and why I keep fighting for thing to make everyone feel better about the f passage of the Hate Crimes legislation, situation? the Employment Nondiscrimination, There are lots of creative ways to achieve EXCHANGE OF SPECIAL ORDER gay rights legislation, all these things, the president's stated goalsÐdiversity, com- Mr. DELAY. Mr. Speaker, I ask unan- because I am telling you look all over munity and belongingÐwithout passing bad imous consent to take the 5 minute the world—that’s what Kosovo is legislation or needlessly putting combat sol- special order of the gentleman from In- about. People are still killing each diers at risk. For starters, Mr. Clinton's Holly- diana (Mr. BURTON). other out of primitive urges because wood friends could stage a remake of that The SPEAKER pro tempore (Mr. they think what is different about memorable soft-drink commercialÐthe one SHIMKUS). Is there objection to the re- them is more important than what featuring a hillside of children folk-singing quest of the gentleman from Texas? they have in common,’’’ close quote. about apple trees, honey bees, and buying the There was no objection. ‘‘Mr. Clinton conceded that the peo- world a Coke. f ple of Yugoslavia had been battling off With help, Balkan refugees could participate and on for hundreds of years, but exult- PEACE HAWKS—WITH EYES ON in the production. Perhaps the International ing in his own enlightened insight, Mr. THE GROUND Monetary Fund could take the $5 billion loan Clinton said, ‘It is an insult to them to that Russian Prime Minister Yevgeny The SPEAKER pro tempore. Under a say that somehow they were intrinsi- Primakov recently passed up, and divert it to previous order of the House, the gen- cally made to murder one another.’ Albania and other neighboring countries that tleman from Texas (Mr. DELAY) is rec- ‘‘Deriding those who would say, are willing to provide clean clothes, food, and ognized for 5 minutes. ‘They’re just that way’ to excuse vio- safe, temporary housing. Mr. DELAY. Mr. Speaker, I came lence in Northern Ireland or mis- Forget the usual presidential photo-ops with down to take this 5-minute special behavior among children, the President deployed soldiers in fatigues. Let Bill Clinton order because I read in the Washington added, ‘Well, if every parent said that, risk his own neck for a change. To burnish his Times this morning an excellent arti- the jails would be five times as big as legacy, he could fly into Belgrade on an cle by Elaine Donnelly that so aptly they are. That’s not true. I just don’t Apache helicopter, and play the saxophone at puts where we are today and puts believe that. And I know what hap- one of those rock concerts. Even with bullet- things in perspective as it relates to pened in Bosnia, where we found the proof glass, it would make a great picture for Kosovo, that I wanted to come down to unity and the will to stand up against the history booksÐjust like the ones of John the floor and read it on the floor be- the aggression, and we helped to end F. Kennedy in Berlin and Ronald Reagan at cause it puts so well what I had been the war. And later, to make sure the the Wall. thinking. It goes like this, and I quote: peace would last, we agreed to send Then the belligerent Balkan leaders could ‘‘As President Clinton continues the troops in with our allies. And I think it be flown back to the White House for some bombing campaign over Kosovo, confu- was a good investment.’ friendly attitude adjustment. They could even sion abounds. Former ‘doves’ are cheer- ‘‘So there you have it—victory, as de- shake hands in front of a beaming president, ing but traditional ‘hawks’ appalled by fined by Bill Clinton. Like a parent dis- arms outstretched in a striking freeze frame Mr. Clinton’s command blunders, don’t ciplining an unruly child, our peace- that would make everyone feel good. So all to- know what to say. Concerned Ameri- war commander in chief is saying to gether now . . . let's join hands, light a can- cans want to support the troops, but Kosovo, ‘Can’t you just get along?’ dle, and sing ``Kumbaya.'' We can win the they are flummoxed by a President NATO is supposed to continue the peace war in Kosovo. Just keep our soldiers who is misusing authority over them. bombing, in order to pacify warring out of it. ‘‘To make sense of what is hap- factions in Serbia and Kosovo. The ul- f pening, it helps to recognize Mr. Clin- timate goal is to duplicate the edgy si- ton is not conducting a serious, tradi- lence of Bosnia, and enforce it with TAX DEDUCTION FAIRNESS ACT tional war. If he were, the first wave of NATO peacekeepers for years, perhaps OF 1999 NATO planes would have reduced the for decades. This is the ‘it’ we are ‘in’, The SPEAKER pro tempore. Under a palace of Slobodan Milosevic, Rem- and there is no way Americans can previous order of the House, the gen- brandt painting and all, to smoking win. tleman from Washington (Mr. BAIRD) is smithereens. ‘‘The entire operation was conceived recognized for 5 minutes. ‘‘The Kosovo operation is different and launched by Secretary of State Mr. BAIRD. Mr. Speaker, I rise today and oxymoronic. It is a ‘peace war’ Madeleine Albright, who once said to to introduce legislation that will help waged by ‘peace hawks’ pursuing a General Colin Powell, then chairman of restore tax fairness to millions of peo- dovish social agenda. Peace hawks are the Joint Chiefs of Staff, ‘What’s the ple in my home State of Washington global idealists and former anti-war ac- point of having this superb military and in other States throughout this tivists, including the youthful Bill that you’re always talking about if we great Nation. The problem, Mr. Speak- Clinton, who used to ‘loathe’ the mili- can’t use it?’ General Powell wrote in er, is the lack of a deduction for sales tary because it uses lethal force. Now his autobiography that Mrs. Albright’s taxes in the current tax code. Although that he is commander in chief, Mr. outburst, made during a briefing on the government allows tax deductions Clinton can use the troops for more Bosnia, almost gave him an aneurysm. for a number of things, State and local virtuous purposes. The general tried to explain that income taxes, property taxes, self-em- ‘‘‘Doing good’ on a worldwide scale ‘American GIs are not toy soldiers to ployment taxes and others, one cat- appeals to peace hawks, who are moti- be moved around on some sort of global egory is noticeably missing and that is vated by altruism, not patriotism. The gameboard.’ sales tax. Today and every year at this sight of uniformed peacekeepers dis- ‘‘But Mrs. Albright is finally getting time, taxpayers send their tax returns tributing food in faraway places makes her way, despite reported warnings to the IRS. It is a ritual that all Amer- their hearts sing. As columnist Paul from the current Joint Chiefs of Staff. icans have become accustomed to. It is H2106 CONGRESSIONAL RECORD — HOUSE April 15, 1999 often frustrating. But we do it because contrary, we are in the top quarter of who happen to live in one State with we have to uphold our duties as a cit- States in the amount of our personal an income tax while penalizing resi- izen. But that ritual brings added frus- income that goes to taxes. But thanks dents in States with sales taxes. tration for taxpayers in my State. A to the change in the tax code in 1986 That is why today I am introducing taxpayer in my State who has identical when lawmakers decided to remove the legislation to correct this inequity. My income and expenses to someone in an- deduction for sales taxes, people in bill, the Tax Deduction Fairness Act of other State should be able to deduct Washington State were shortchanged. 1999, would reinstate the sales tax de- the amount they pay in State income Let me ask this simple question. duction and direct the IRS to develop tax, but that is not the case in Wash- Should residents of Washington have to tables of average sales tax liabilities ington. We have no income tax, and we pay hundreds more to the Federal for taxpayers in every State. It would are not allowed to deduct our State treasury than those who live in other then give the taxpayer an option, to sales taxes. States, including States right across deduct either the State income tax or Folks in my State have the same the river? Does it make sense for the their State sales taxes paid in the pre- amount of Federal income taxes with- Federal Government to dictate to vious year. held from their paychecks, but when it States how they should structure their Frankly, this is nothing new. Before comes time to itemize their returns, tax system? I would assert that the an- 1986, taxpayers were allowed to use they can only deduct nothing, because swer is clearly no. Federal taxes should simple tables to deduct their sales tax. they have no income tax and they are be levied on all of our Nation’s citizens Mr. Speaker, I enter into the RECORD not allowed to deduct their sales tax. It in a fair and equitable manner, not in a sample of the form that was used in is not that we pay less in taxes. On the a way that gives preference to some 1986. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2107 H2108 CONGRESSIONAL RECORD — HOUSE April 15, 1999 April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2109 Critics might suggest this would the bill I am introducing today does that line will save our taxpayers hun- make the tax code more complex. I am not complicate the tax code. It adds dreds of dollars every year. For clarity, the last to want to make the tax code one very simple line to one simple form I will submit that Schedule A for the more complex and in fact I will work already filled out by a taxpayer RECORD as well. vigorously to simplify that code. But itemizing his or her deductions. Adding H2110 CONGRESSIONAL RECORD — HOUSE April 15, 1999 April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2111 H2112 CONGRESSIONAL RECORD — HOUSE April 15, 1999 If you look simply at line 5 of Sched- When the United States fought the committed. We have heavily taxed our ule A, you see where people who pay in- 1991 Persian Gulf War, we had about 3.2 available airlift. It is all tied up with come taxes to their State can deduct million soldiers in the active and re- supporting our forces and the refugees that, and you will see there is no line serve components. Ten years later, in Kosovo. There is no carrier battle for Washington State taxpayers or tax- today, we have 900,000 fewer men and group providing coverage in Northeast payers in similar States to deduct their women in uniform. Asia because of the need to support the sales tax. b 1645 Balkan mission. We have nearly ex- This is not a complicated bill. It is a pended all available air launched cruise The Army, which has been tasked very simple bill, it is a fair bill and I missiles, and both the Air Force and with the responsibility of maintaining would urge my colleagues to support it. the Navy have submitted emergency the majority of our overseas presence, We have an obligation to treat citizens requests to replenish depleted stores. fairly at the Federal level. That is why has seen its active duty end strength fall by some 40 percent since 1991. Now it looks like the President is I am here, to fight for simple fairness. going to be calling up the Reserves to This is the second time I have stood Today we maintain as a matter of na- support this mission, the first call-up here in this well in less than a month tional strategy 100,000 troops in Asia since the Persian Gulf War. Can we sus- to sponsor legislation that will protect and another 100,000 troops in Europe. our citizens from being subjected to We now have more than 20,000 per- tain this pace? It is very questionable. unfair taxation. I will come back to the sonnel actively engaged in Operation We must fund it if we are going to sus- well of this House again and again Allied Force, and nearly 40,000 per- tain it. until we achieve that standard. sonnel are engaged in an astonishing 20 The services have presented the National I hope that my colleagues will see other operations around the world Security Appropriations Subcommittee a list of the wisdom of this fair proposal and today, and the situation today varies unfunded requirements that amounts to over that we can take swift action to re- only slightly from the breakneck oper- $7 million a year, and these funds are needed store this common-sense option. I in- ational pace since the Persian Gulf just to meet the military's most critical needs, vite them to join me in this effort for War. A recent Congressional Research not considering any of the shortfalls that have the simple reason that it is the right Service report counts 28 different con- emerged in the last few weeks. This is a seri- thing to do. tingency operations from 1991 until ous situation and supplemental funding should f now at a cost of nearly $18 billion. The include not just the costs of the operation, but ON NATIONAL SECURITY President has committed our resources also the critical funds that the military needs to step back from the brink to which it has been The SPEAKER pro tempore. Under a to these operations. The Air Mobility Command Base in pushed. We must reverse continued deteriora- previous order of the House, the gen- tion of our Armed Forces. tleman from Washington (Mr. my hometown of Spokane at Fairchild is an example of this extraordinary in- NETHERCUTT) is recognized for 5 min- f utes. tensive operational tempo. Fairchild is Mr. NETHERCUTT. Mr. Speaker, I kept very busy supporting KC–135 aer- rise this afternoon out of concern for ial refueling tankers from 16 different FEDERAL EMPLOYEES GROUP the State of America’s national secu- locations around the world. Ninety- LONG-TERM CARE INSURANCE rity. I do not want to speak directly to seven percent of the total crew force ACT OF 1999 the ongoing operations in Kosovo from the 92nd Airlift Wing is deployed The SPEAKER pro tempore (Mr. today, although I am deeply troubled today. SHIMKUS). Under a previous order of the by the enormous uncertainties that We are trying to maintain this level House, the gentleman from Maryland of international presence with increas- seem to be the consequence of a poorly (Mr. CUMMINGS) is recognized for 5 min- planned policy. Instead, I want to ad- ingly ancient equipment. The KC–135’s utes. based at Fairchild have an average age dress the consequences of Kosovo on Mr. CUMMINGS. Mr. Speaker, the of 37 years. There is no planning for re- the U.S. military presence worldwide. I provision of long-term care insurance placement largely because there are no believe we are facing a period of unac- coverage to Federal employees is an funds available. The B–52s, which were ceptable risk. important priority for me as ranking Our armed forces are spread across also once based at Fairchild, are slight- member of the Subcommittee on Civil the globe, from South Korea to Latin ly older, yet the Air Force intends to Service. On January 6, I introduced America. We are engaged in areas that keep them in the inventory until 2040. H.R. 110, the Federal Employees Group are clearly essential to American secu- No replacement is in sight, another Long-Term Care Insurance Act of 1999. rity and in areas that are clearly tan- victim of dramatically smaller defense My bill is one of four elements of the gential to our security. We are engaged budgets. Despite the intensive oper- comprehensive long-term care package in what are essentially two air wars on ational pace, defense spending has fall- proposed earlier this year by President two continents at the same time to en 30 percent from Fiscal Year 1991 lev- Clinton. which we are asking combat engineers els and 40 percent from Fiscal Year 1985 to devote themselves to building roads levels. H.R. 110 would authorize the Office of and bridges. We are deterring invasion As we overcommit our forces to tan- Personnel Management to purchase a and we are garrisoning in support of gential operations around the globe, policy or policies from one or more peace agreements. the risk increases. Troops deployed in qualified private sector contractors to What we must consider is whether we Haiti cannot immediately support mis- make long-term care insurance avail- are doing too much and we spread too sions in Korea, and troops trained to able to Federal employees, retirees and thin. Historically we have been warned keep the peace in Bosnia are not com- eligible family members at group rates. of the dangers of ‘‘imperial over- bat ready if they are called upon to de- Coverage would be paid for entirely by stretch.’’ Unfortunately, I have fears fend Kuwait. those who elect it. that we are reaching such a point A rubber band can only be stretched The Clinton administration and I today. I do not want to call for re- so far before it breaks, and I fear we support modifying H.R. 110 to extend trenchment or retreat, but we must are nearing that point. Mr. Milosevic long-term care coverage to employees ask if we have gone too far and if we called the Clinton administration’s of the United States Postal Service, ac- have asked too much of the armed bluff in Kosovo, and 3 weeks ago Amer- tive duty military personnel, military forces. If we have, it is the job of Con- ican forces were pitched into a war we retirees and their families. I believe gress and the administration to work had not planned for and lacked the re- that extending coverage to Postal em- together to identify solutions. sources to immediately support. What ployees and military personnel would In 1997, the Quadrennial Defense Re- would formerly have been considered a make the risk larger and more diverse view reaffirmed the requirement that lesser contingency has now tied down a and would help keep costs down. the U.S. must be prepared to fight two significant number of our conventional All participants other than active nearly simultaneously major theater combat power. employees and active duty military wars while also staying ready for lesser General Clark’s recent request for re- personnel would be fully underwritten, contingencies. I have argued in Con- inforcements is for a total of 800 planes as is standard practice with products of gress that the available funding for the in the region, tying up nearly seven this kind. Coverage made available to Department of Defense has been inad- combat air wings out of a total of 20 in individuals would be guaranteed renew- equate to meet those requirements. Europe. Our most important assets are able and could not be canceled except April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2113 for nonpayment of premiums. Though term care. Finally, 58 percent of ple in town meetings over the recess each participant would be responsible boomers support the idea of offering and that when he asked how many fa- for paying the full amount of their pre- quality long-term care insurance to vored ground troops in Kosovo, only 10 miums based on age at time of enroll- Federal employees to set a national ex- people raised their hands. ment, group rates will save an esti- ample to encourage businesses to offer Last Thursday morning this same mated 15 to 20 percent off the costs of this benefit to their employees. question was asked on the leading talk individual long-term insurance care I believe that H.R. 110 will help to radio show in Knoxville. Only one call policies. raise the general public’s awareness of came in in favor of ground troops, yet OPM will be responsible for the ad- the need for long-term care insurance the national media has this drumbeat ministrative costs of the program, and underscore the limitations associ- going for a bigger, longer, more expen- which is estimated to be only $15 mil- ated with the reliance on Medicaid for sive war. Heaven help us if part of this lion over a 5-year period. This would one’s long-term care needs. is about ratings, or so some of our lead- include developing and implementing a f ers can prove how powerful they are, or program to educate employees about to leave some great legacy as world SENDING GROUND TROOPS TO long-term care insurance. Extending statesman. OPM’s market efforts to postal em- KOSOVO WOULD COMPOUND A I believe this is going to go down as ployees, active duty military personnel HUGE FOREIGN POLICY ERROR one of the great miscalculations in and retirees would, however, increase The SPEAKER pro tempore. Under a American history and certainly one of first year administrative costs above previous order of the House, the gen- the most expensive. We have turned what is included in this estimate. tleman from Tennessee (Mr. DUNCAN) is NATO from a purely defensive organi- To date, the Subcommittee on Civil recognized for 5 minutes. zation into an aggressor force for the Service has held three hearings on of- Mr. DUNCAN. Mr. Speaker, last first time in history, and one that has fering long-term care insurance as a night on the CNN national news the an- attacked a sovereign nation for the benefit option for Federal employees. chor woman said that Congress did not first time in history. We have heard the testimony of people question the costs of the Kosovo-Serbia With our bombings in Iraq, Afghani- who have had to bear the tremendous bombings, implying total support. That stan, the Sudan and now Serbia and costs of providing long-term care for a very morning, however, the Congres- Kosovo, we are bombing nations which loved one. We have heard testimony sional Quarterly had a headline that have not threatened us in any way, from the Office of Personnel Manage- said, ‘‘Congress Eyes Cost of U.S. Role which have not jeopardized our na- ment on long-term care insurance car- in Kosovo.’’ tional security and where we have no riers, about the best approach for im- There probably is no question that vital U.S. interests, and we are quickly plementing a long-term care program this money will be approved. However, turning people who would like to be for Federal employees. it is simply wrong to imply that no our friends into bitter enemies of the At the subcommittee’s most recent Members of Congress question these United States. We have taken a bad sit- hearing in Jacksonville, Florida, which costs. uation and made it many times worse was held just a week ago, I heard from We are now being told that we will by our bombings and have created a witnesses who testified how important soon be asked to approve $4 billion for huge refugee crisis in the process, and it is for Americans to invest in long- the costs of our air war. One estimate all of this was done by the President term care insurance, particularly is that ground troops and reconstruc- apparently against the advice of his women. A study last week found that tion costs could soon total $10 billion. top military advisers and against the women are more vulnerable to the fi- This is money that will have to be advice of the head of the CIA. nancial and emotional strains associ- taken from other programs and from The Christian Science Monitor, the ated with long-term care. Women live American taxpayers, and if we have to National Journal and many other lead- longer, generally earn less than men, stay in there to preserve the peace for ing publications and columnists have save less for their retirement, receive many years to come, the costs could pointed out that there are at least 30 or lower Social Security payments, and just become unbelievable. Many Mem- 40 other conflicts, small wars, going on are often caregivers when a family bers of Congress feel it was a horrible all over this world right now, several member becomes ill or infirm. mistake to get into this mess in the far worse than Kosovo before we start- The American Health Care Associa- first place and that our bombings have ed bombing. Our policy should have tion commissioned a national tele- made a bad situation many times been, Mr. Speaker, and should be now: phone survey of 800 adult Americans worse than if we had simply offered hu- humanitarian aid, yes; bombings and between the ages of 34 and 52 years of manitarian aid. ground troops, no. age, baby boomers, in September of CNN and much of our liberal national The U.S. was doing 68 percent of the 1998. As it pertains to women, the media may want a much bigger role. bombing before General Clark re- study found the following: The American people want out of quested 300 more planes. If the major- Among baby boomers, men save on there, the sooner the better. ity in Congress wants to send ground the average of one-third more than Yesterday a Democratic Member of troops in and, I think, ignore their con- women save for their retirement. More the House sat down next to me and stituents in the process, then let the than one-third of all boomer women ex- said, ‘‘I don’t know who these people Europeans lead for once. We do not pect to be a caregiver for a family are polling. Everyone in my district is have to carry the entire burden. Those member. Female boomer caregivers are strongly opposed to this war.’’ who wanted to expand NATO member- almost twice as likely to expect to pro- In just the past couple of days, Mr. ship a few months ago to bring in Po- vide care for a parent or in-law as they Speaker, I have had similar comments land and Czechoslovakia and Hungary are to provide it for their husband. Half made to me from both Democratic and should call on those countries to sup- of the women in the study said that Republican Members of the House from ply troops. They have done nothing so they had to reduce the number of hours Missouri, Virginia, New York, Ken- far, and it is obvious that NATO would they worked and give up space in their tucky, Arizona, Maryland, Alabama, not be doing all of this or any of this homes to provide this care. In addition, California, North Carolina and Florida. were it not for U.S. insistence. sizeable percentages said that they had I have not been seeking these com- One of our leading columnists, Mr. to hire nursing help, incur large ex- ments. I have been taking no formal Speaker, wrote a couple of days ago penses, and quit their jobs or take a survey. But Members of the House have these words: leave of absence as a result of their been telling me that their constituents ‘‘Three weeks into Bill Clinton’s caregiving responsibilities. are almost totally opposed to this war Balkan adventure, and America risks a More than 7 in 10 female boomers say in Serbia and Kosovo. debacle. The human rights crisis in that they are concerned about saving Our colleague, the gentleman from Kosovo has exploded into a catas- enough for retirement, while nearly Iowa (Mr. GANSKE) was on the C-Span trophe. Slobodan Milosevic is being two-thirds say they are concerned Washington Journal yesterday morn- rallied around like some Serbian about saving enough to pay for long- ing. He said he had had over 1,000 peo- Churchill, Montenegro and Macedonia H2114 CONGRESSIONAL RECORD — HOUSE April 15, 1999 are destabilized, Russia is being swept then the alliance will have to put in a large Only a fanatic redoubles his energy when he by anti-American jingoism, and U.S. ground force or, at a minimum, mount a cred- has lost sight of his goal. troops may have to go marching into ible threat to do so. A conventional war in the After the Gallipolli disaster, Churchill the big muddy. Such are the fruits of mountains of Albania and Kosovo will quickly went; after Suez, Eden went; after the Bay of Utopian crusades for global democ- Pigs, Allen Dulles departed the CIA. Surely, degenerate into a quagmire. On the other this is a wiser, more honorable, course than racy.’’ hand, the United States and NATO cannot re- a ground war in Kosovo. Mr. Speaker, several times over the last few treat without suffering a national and inter- Moreover, Americans will not support days I have heard reports on national net- national humiliation. * * * the only alternative ‘‘whatever is necessary to win.’’ We are not works saying that Members of Congress were is to revive international diplomacy.'' going to turn Belgrade into Hamburg. As one getting ``antsy'' about not committing ground Mr. Hyland is correct, but unfortunately I am recalls the horror at Nixon’s ‘‘Christmas troops to Kosovo. The implication is that all of afraid that ground troops in Kosovo would be Bombing’’ that freed our POWs at a cost of the Members of Congress want ground troops much worse than a quagmire. Former Sec- 1,400 dead in Hanoi, all but surgical bombing in there immediately. retary of State Lawrence Eagleberger was is out. I believe it was a terrible mistake to start quoted on a national network last week as And if we send in the troops, what do we ‘‘win’’? The right to say that NATO defeated bombing in the first place, and it certainly saying that the Bush administration had close- Serbia? The right to occupy Kosovo? would be compounding a huge error to place ly analyzed the situation in the Balkans in the If, after we take Kosovo, the Serbs conduct many thousands of ground troops in there early 1990s and had decided it was a a guerrilla war against our troops, and the now. ``swamp'' into which we should not go. KLA begins a war of liberation to kick As many columnists have pointed out, the NATO was established as a purely defen- NATO out, annex western Macedonia and NATO bombings have made this situation sive organization, not an aggressor force. With unite with Tirana, our ‘‘victory’’ will have much worse than it ever would have been if the decreased threat from the former Soviet produced the very disaster we wish to avoid. we had simply stayed out. The very liberal Union, was NATO simply searching for a mis- ‘‘It is unworthy of a great state to dispute Washington Post Columnist, Richard Cohen, sion? Were some national officials simply try- over something that does not concern its wrote, ``I believe, though, that the NATO own interests,’’ and Bismarck, who called ing to prove that they are world statesmen or the entire Balkans ‘‘not worth the bones of a bombings have escalated and accelerated the trying to leave a legacy? single Pomeranian grenadier.’’ When did process. For some Kosovars, NATO has The United States has done 68 percent of that peninsula become so critical to the made things worse.'' the bombing thus far. This whole episode, United States that we would go to war over Pat M. Holt, a foreign affairs expert writing counting reconstruction and resettlement costs whose flag flew over Pristina? in the Christian Science Monitor, wrote, ``The after we bring Milosevic down, will cost us ‘‘Arm the Kosovars!’’ urge other armchair first few days of bombing have led to more many billions. strategists. But do we really want another atrocities and to more refugees. It will be in- IIf there have to be ground troops, let the Afghanistan—in the underbelly of Europe? creasing the instability which the bombing was Europeans take the lead. Do not commit What a mess the interventionists have supposed to prevent.'' United States ground troops. Let the Euro- made of it. Because the NATO expansionists Philip Gourevitch, writing in the April 12 could not keep their hands off the alliance, peans do something. The U.S. has done too they have shattered the myth of its invinci- New Yorker Magazine, said: ``Yet so far the air much already. Humanitarian aid, yes; bombs bility and may have called into being a Mos- war against Yugoslavia has accomplished ex- and ground troops, no. cow-Minsk-Beijing-Belgrade-Baghdad axis. actly what the American-led alliance flew into [From the Washington Post, Feb. 13, 1999] But maybe the foreign policy establish- combat to prevent: Our bombs unified the THE MESS THEY’VE MADE ment needed a second Cold War, as anything is preferable to irrelevance. Serbs in Yugoslavia, as never before, behind (By Patrick J. Buchanan) the defiance of Milosevic; they spurred to a Out of this disaster, what lessons may be Three weeks into Bill Clinton’s Balkan ad- learned? frenzy the `cleansing' of Kosovo's ethnic Alba- venture and America risks a debacle. The First, America cannot police the planet on nians by Milosevic's forces; they increased the human rights crisis in Kosovo has exploded a defense budget of 3 percent of GDP. Our likelihood of the conflict's spilling over into into a catastrophe. Slobodan Milosevic is dearth of air-launched cruise missiles, the Yugoslavia's south-Balkan neighbors; and they being rallied around like some Serbian need to shift carriers from the gulf, the delay Churchill. Montenegro and Macedonia are hardened the hearts of much of the non-West- in deploying the Apaches, the calling up of destabilized; Russia is being swept by anti- ern World against usÐnot least in Russia, the reserves—all point to a military that is American jingoism; and U.S. troops may where passionate anti-Americanism is increas- dangerously inadequate to the global tasks have to go marching into the Big Muddy. ing the prospects for the right-wing nationalists we have added since the Cold War. Such are the fruits of Utopian crusades for Unless America is prepared to restore Ron- of the Communist Party to win control of the global democracy. ald Reagan’s Army, Navy and Air Force, we Kremlin and its nuclear arsenal in coming The great lesson of Vietnam was: Before cannot stop a rearmed Russia in East Eu- elections.'' you commit the army, commit the nation. rope, police the Balkans, roll back a second Many conservative analysts have been very Clinton and Madeleine Albright launched a Iraqi attack on Kuwait, contain North Korea critical. Thomas Sowell wrote: ``Already our war against Yugoslavia with the support of and prevent another of Beijing’s bullying as- military actions are being justified by the argu- neither. Yet this debacle is not their doing alone. It saults on Taipei. Should one or two of these ment that we are in there now and cannot pull emergencies occur at once, we will be sud- out without a devastating loss of credibility and is a product of the hubris of a foreign policy elite that has for too long imbibed of its own denly face to face with foreign policy bank- influence in NATO and around the world. In moonshine about America being the ‘‘world’s ruptcy. other words, we cannot get out because we last superpower’’ and ‘‘indispensable na- America must retrench and rearm. have gotten in. That kind of argument will be tion.’’ Even as we slashed our defenses to the What the United States needs today in the heard more and more if we get in deeper. smallest fraction of GDP since before Pearl Balkans is a least-bad peace, patrolled by ``Is the Vietnam War so long ago that no Harbor, the rhetoric has remained Europeans, where Serbs rule Serbs, Croats one remembers? We eventually pulled out of triumphalist, and the commitments have Croats and Albanians Albanians. And if, in Vietnam,'' Mr. Sowell wrote, ``under humiliating kept on coming. the negotiations to end this tragedy, Bel- Responsibility must be shared by Congress, grade cries, ‘‘No American troops in conditions with a tarnished reputation around Kosovo!’’ let us insist upon it, and bring our the world and with internal divisiveness and for Clinton’s intent to launch this Balkan war was long apparent. Yet Congress failed soldiers home from Europe, as Ike told JFK bitterness that took years to heal. Bad as this either to authorize war or deny the president to do nearly 40 years ago. was, we could have pulled out earlier with no the right to attack. worse consequences and with thousands With Milosevic still defying NATO, we are f more Americans coming back alive.'' admonished that ‘‘failure is not an option.’’ the United States must do ‘‘whatever is nec- Mr. Sowell asks, ``Why are we in the b 1700 Balkans in the first place? There seems to be essary to win.’’ Otherwise, NATO’s credi- no clear-cut answer.'' bility will be destroyed. The SPEAKER pro tempore (Mr. William Hyland, a former editor of Foreign But this is mindlessness. If the war was a SHIMKUS). Under a previous order of the folly to begin with, surely, the answer is to House, the gentleman from New Jersey Affairs Magazine, writing in the Washington cut our losses and let the idiot-adventurers Post said, ``The President has put the country who urged the attack resign to write their (Mr. HOLT) is recognized for 5 minutes. in a virtually impossible position. We cannot memoirs, rather than send 100,000 U.S. troops (Mr. HOLT addressed the House. His escalate without grave risks. If the President crashing into the Balkans to save the faces remarks will appear hereafter in the and NATO truly want to halt ethnic cleansing, and careers of our blundering strategists. Extensions of Remarks.) April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2115 EMPLOYEE OWNERSHIP ACT OF and there are many corporations who the United States knew, in no uncer- 1999, LEGISLATION AS SIGNIFI- will not participate in this or employ- tain terms, that Serbia would never CANT TO THE AMERICAN PEO- ees who will not be part of this, but if, give up Kosovo itself. Any history stu- PLE AS THE HOMEOWNER’S for example, an employer or anyone dent would know that. MORTGAGE DEDUCTION else who owns stock in a company, We have spent $16 billion in Bosnia to The SPEAKER pro tempore. Under a which is establishing an employee date; Somalia cost us billions of dol- previous order of the House, the gen- trust, if they sell their stock or, let us lars; Haiti cost us billions; $4 billion tleman from California (Mr. ROHR- say, they give their stock to an em- times the four strikes in Iraq, the ABACHER) is recognized for 5 minutes. ployee trust as part of a bequeathal sit- Sudan, Afghanistan. Our troops are de- Mr. ROHRABACHER. Mr. Speaker, uation, where someone is leaving that ploying 300 percent above the highest today I am submitting to Congress in their will to the employee trust, level in Vietnam but yet we are doing what I believe will be an historic piece then it decreases the inheritance liabil- it with about half the force. Enlisted of legislation. It is entitled The Em- ity on their estate by a one-to-one retention in our own military is below ployee Ownership Act of 1999. This leg- ratio. 23 percent; pilots, 30 percent. islation, I predict, will be as significant So if someone left a million dollars The Joint Chiefs of Staff said we are to the American people as the home- in their will to an employee trust of $150 billion short. We cannot buy spare owner’s mortgage deduction, which has stock in that company, well, then the parts. We do not even have basic bul- ensured the widespread ownership of inheritance liability to their heirs lets. Top gun, 14 of 23 aircraft are homes throughout the United States of would be reduced by that one million down; 18 for engines; 137, parts. America. dollars. Kosovo, and this is according to Gen- In fact, 60 percent of the American The goal of this, of course, is to ex- eral Clark, I was with General Clark people own their own homes, and this pand employee ownership. In the end, if just days ago and I said I want to know can be traced to the fact that we have we have established these employee how many sorties the United States is written our tax law in a way that en- owned and controlled companies, they flying. Mr. Speaker, General Clark courages widespread ownership of hous- will, by my legislation, not pay cor- said, and this is accurate to the sortie, ing and homes in the United States. porate income tax. This will provide a 75 percent of all strikes in Kosovo are The goal of my bill is that after 10 major incentive for Wall Street to being flown by the United States. That years, 30 percent of all of America’s work with the working people of this does not include the B–2s, the tankers, major corporations will be owned and country to empower them in a way the support aircraft like C–17s and C– controlled by their own employees. that they will be able to control their 130s. That brings it up to 82 percent. Now, I know that sounds a bit radical. own economic destiny as never before. We are dropping 90 percent of all the That sounds like a big change, but we This would be the equivalent of the weapons, so we are paying for over 90 have had a great deal of employee own- Homestead Act. Many people forget percent. That does not even include our ership expansion over these last 20 that the Republican Party was the ships. That does not include our man- years. party of the Homestead Act. In 1862 power over there. My point is that it This bill, under the guise of ESOPS, when Abraham Lincoln signed the should be the other way around. Employee Stock Ownership Plans, Emancipation Proclamation, that The reason given by General Clark is what I am proposing is an ESOP-plus- same day he signed the Homestead Act, that other nations do not have the plus idea that would increase employee which opened up the idea of ownership stand-off capability that we do so we ownership throughout this country. of property to millions of people. It was are having to fly 90 percent of this This bill will bring about a new cat- essentially an important part of the stuff, 82 percent of it and 90 percent of egory of American business, the Em- American dream. the ordnance. ployee Owned and Controlled Corpora- What we are trying to do now is ex- My point is that the supplemental tion, EOCC. pand upon that, expand on the home that we are going to ask for, if NATO These new corporate structures mortgage deduction, expand on the is a fair share organization, then NATO would be modeled somewhat after Homestead Act, expand on the idea ought to pay the United States be- United Airlines. As we know, the em- that people have a right to own their tween $10 and $20 billion for our supple- ployees at United Airlines bought a own home but they also should have an mental and not come out of our tax- controlling interest in their own cor- incentive in the tax system to own and payers’ dollars. poration and now make many of the control their own company. Thus, they Let me give you another perspective. decisions that affect United Airlines will control their own economic des- Before the bombing in Kosovo, there and thus affect the employees. tiny. This is the ultimate empower- were only 2,000 deaths. Each death is In fact, the legislation I am pro- ment. This will increase productivity. important, but in perspective there posing would establish an employee It will see that there are no strikes be- were only 2,000 deaths attributed in trust that when it owns 50 percent of cause people would be striking against Kosovo that whole year. One-third the shares of a company will be enti- themselves, their own company or at were Serbs and other nationalities be- tled to substantial tax incentives that least they would be more willing to sides the Albanians, but after the will encourage the growth of employee talk out problems within a company. bombing look at the number of deaths. ownership and ensure the success of f We have just killed 70 Albanians in a this new employee owned and con- convoy trying to get out of Kosovo. trolled company. THE KOSOVO CONFLICT, NO END NATO has killed 70 Albanians in an air Some of the tax incentives suggested IN SIGHT strike. Look at the million refugees by my legislation: Number one, if The SPEAKER pro tempore. Under a that these air strikes have caused that someone sells stock in a company to an previous order of the House, the gen- would not be there unless we had employee trust or to the employee who tleman from California (Mr. bombed Kosovo. is part of the trust, that person shall CUNNINGHAM) is recognized for 5 min- The Croatians executed 10,000 Serbs pay no capital gains on the sale of that utes. in 1995 in Croatia. They deported and stock. Thus, someone is given the in- Mr. CUNNINGHAM. Mr. Speaker, I fled over 250,000 Serbs as refugees. In- centive to sell the stock to an em- want to give some perspective on an donesia has killed millions; Turkey, ployee. issue that is, I think, very near and thousands; India with the Sikhs; China, Employees who accept stock as part dear to every American’s heart, as it is thousands with Tibet. Yet, we are in a of their pay during the creation of an in Kosovo today also. mass war where there is less than 2,000 employee owned trust, that if they ac- I would like to give the Speaker a lit- deaths, and over a third of those by the cept it in lieu of their pay, they will tle perspective. First of all, according people we are claiming to bomb. not have to pay income tax on that to Henry Kissinger, and I agree, Ram- The Pentagon, confirmed by Sec- stock. bouillet was a very poor foreign policy. retary Cohen, that the Pentagon did Of course, corporations have a right It was an agreement only between Al- not want to execute just air strikes. not to be a part of an employee trust bania and the United States in which The Pentagon told the President that H2116 CONGRESSIONAL RECORD — HOUSE April 15, 1999 they would not work alone, that they tleman from Washington (Mr. and extremely careful supervision of would exacerbate the problems, cause METCALF) is recognized for 5 minutes. any commercial fishing in spawning refugees, kill a lot of people. The Mr. METCALF. Mr. Speaker, our Pa- rivers; United States would have to pay for a cific Northwest salmon populations No. 4, spawning channels and over- lot of it and unless we put ground have been in decline for decades. Re- wintering sloughs, to give maximum troops in there the goals were not at- cently, nine new populations were list- protection to the presently returning tainable. Yet, the President says no ed as endangered or threatened under wild salmon. ground troops, which I am opposed to the Endangered Species Act. The Fed- We must keep our eyes on the objec- also. eral Government and the States are tive and support those programs that Why is he opposed to it? Because the poised to provide substantial sums of will truly enhance our weakened salm- Germans balked, the Italians balked. money for habitat rehabilitation and on runs. We have neither time nor In World War II, Germany had 700,000 restoration efforts but, beyond that, money for overzealous political cor- troops in Kosovo. The Chechens, with the Federal Government must be a rectness nor the control games that one half the force that Milosevic has, helpful advisor only with the decisions Federal agencies might seek to impose. killed those Germans. General Shelton made thoughtfully and judiciously at We must maximize the survival of just 2 days ago said that this is the the State and local level. We must not offspring of the returning fish each easiest place to defend and the most allow, nor can we afford, another deba- year. As well as natural spawn, we difficult to attack in the world. cle such as occurred on the Columbia must supply fertilized eggs to hatch- We do not belong there, Mr. Speaker. River in recent years. eries for the following enhancement This is Clinton’s war. Clinton ought to Billions of dollars have been spent on purposes: Remote egg boxes, net-pen get out of it. salmon restoration in the Columbia rearing of fish to their optimal size, f River by the Federal Government over and small stream rehabilitation by planting fed fry into every small and OUR POWS, WE WANT THEM SAFE, the last 20 years, with minimal results; largely because it has ignored available medium stream and tributary that SOUND AND RETURNED could provide a route to saltwater for The SPEAKER pro tempore. Under a salmon technology. Now that so many salmon popu- outbound juveniles. In the old days, the previous order of the House, the gentle- small streams produced millions and lations have been listed under ESA, my woman from Texas (Ms. JACKSON-LEE) millions of fish. concern is that the Federal agencies is recognized for 5 minutes. We should encourage Washington Ms. JACKSON-LEE of Texas. Mr. will try to exert control over more and State in its programs that are already Speaker, I wanted to join in supporting more aspects of salmon recovery. Bu- tracking towards these goals. Several H.R. 84, the resolution by the good and reaucracies centered in Washington, tribes are on the cutting edge of salm- kind gentlewoman from California, to D.C., however well intentioned, are in- on rehabilitation, and tend to have acknowledge and applaud the bravery capable of solving the salmon problems land and water areas available for their of the POWs in Kosova. Two of those of the Pacific Northwest. We all pay use. In addition, they have a cultural young men are members of the Texas the price for the mistakes made by the and historic head start moving in this family, Sergeant Stone and Mr. Gon- Federal Government. critical direction. zalez. We offer to that family or those The most prized salmon specious are Bringing the salmon back will not be families, along with the family of Ser- the king, coho and sockeye salmon. We an easy task, but it is an achievable geant Ramirez, our deepest sympathy have correctly focused our attention on goal. We need to make sure that our and recognition of the bravery that them. However, it is more complicated salmon dollars are delivered into the these men have exhibited. than that. I believe we must look at right hands, and that they are spent We say to Mr. Milosevic that we hope the restoration of all five species, in- appropriately. that he is listening very strongly to cluding chum and pink salmon. His- f this resolution that has been offered. torically, vast runs of chum and pink We want them safe and we want them salmon fertilized the rivers with large RESPONSIBLE BUDGETING AND sound and we want them returned. We numbers of decaying bodies of the THE BEST USE OF THE BUDGET also want, as the resolution has indi- adults after spawning. SURPLUS cated, that the Red Cross can go in and b 1715 The SPEAKER pro tempore (Mr. determine that these individuals have SHIMKUS). Under a previous order of the been treated fairly and are safe. Most Thus the newly-hatched chum and House, the gentleman from New Jersey importantly, we acknowledge that they pink fry had an adequate food supply (Mr. HOLT) is recognized for 5 minutes. have been taken wrongly. as they migrated downstream, and Mr. HOLT. Mr. Speaker, last year the I hope that as this House has ex- then the young king and coho fed on House budget resolution was so con- pressed itself in its support for these the myriads of young pinks and chums. troversial that House and Senate Re- young men and the military efforts, The degradation and blocking of publicans never even convened a con- that the families will know that we are spawning habitat has been a major ference. This year the budget resolu- paying attention to the safety of the problem, so habitat restoration and re- tion, as passed by the House, is as unre- POWs and we are also paying attention moval of blockage which obstructs re- alistic as last year’s plan, and even to their needs. turning spawners must be high prior- more irresponsible. Some in Congress, It is with great regret that I have to ities for salmon restoration. because of their fixation on exploding stand on the floor to acknowledge that Again, my fear is that habitat res- tax cuts, have presented unworkable today we have POWs, but it is with toration may be the singular objective appropriations bills, and they do noth- great joy and recognition of our unity of those making the endangered or ing to extend the solvency of social se- that we say collectively today, as the threatened listening, which could curity and Medicare. resolution was passed, we stand behind weaken our rehabilitation effort, and As opposed to the fiscal responsi- those POWs, respecting them, honoring thus subject our area to excessive Fed- bility demonstrated by Democrats, the them and knowing that they will know eral regulations and restrictions. budget passed by the majority party that we will not rest until they are Habitat restoration and protection returns us to the unrealistic fiscal poli- safely returned. are critical elements, but the well-de- cies of the 1980s. Although it claims to f veloped salmon technology presents us shore up social security, to finance a a wide range of additional options, large tax cut, to dramatically increase BILLIONS OF DOLLARS SPENT ON such as: defense spending and keep government SALMON RESTORATION IN CO- No. 1, the use of culvert upgrading, spending down, the truth is much dif- LUMBIA RIVER BY FEDERAL reconfiguration and maintenance; ferent. The majority’s budget, as in the GOVERNMENT, WITH MINIMAL No. 2, predation control, very impor- resolution, simply cannot keep all the RESULTS tant; promises made. The SPEAKER pro tempore. Under a No. 3, careful regulation of all com- Democrats, on the other hand, have previous order of the House, the gen- mercial salmon fishing in saltwater, aimed to produce future economic April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2117 growth through debt reduction and in- generations. Waiting until later only trust fund is already obligated. We vestments, exactly the mix of prior- delays the improvements in quality of have to pay it back, plus interest to ities that a successful business would life. the Treasury, so that the trust fund adopt in good times. The President has proposed that we can pay out the social security benefits Republicans have voted to reserve use the surplus to strengthen social se- that all of us, or all of us hopefully virtually the entire bounty of eco- curity and Medicare, and to extend the some day, that many of us, are due. So nomic growth and fiscal discipline for lives of those programs. I will continue it is not money we can count as a sur- tax cuts that will likely benefit only to work with other Members of Con- plus. To count it that way is to spend those who are already doing very well gress to use the surplus to pay down it twice. When we spend money twice, in the current economy. It is simple. our national debt, to strengthen social we wind up in debt as far as we are. The majority budget resolution may security and Medicare, to encourage in- The second critical point in this is we well burden future generations because vestments in education, and to meet still have an overall debt. That $70 bil- of tax cuts and spending obligations our other long-term needs for environ- lion surplus, mythical though it may made today, and they rely on surplus mental protection and research and de- be, even within the grounds of that projections well into the future. velopment. myth is only a 1-year surplus, with What does this mean for the people f quotations around it. The overall debt we represent? Little will be left for our continues to grow. It is approaching $6 AMERICA NEEDS TO SET BUDGET urgent needs. Our national need to in- trillion. vest in social security and Medicare PRIORITIES AND FOCUS ON PAY- On a yearly basis we pay $215 billion solvency, in education, in research and ING DOWN THE NATIONAL DEBT to service that debt. That is 15 percent development, and in the environment The SPEAKER pro tempore. Under of the budget, 15 percent of our budget, will remain unmet. the Speaker’s announced policy of Jan- and $250 billion that basically goes sim- The budget resolution that was uary 6, 1999, the gentleman from Wash- ply to pay off past excess. It does noth- passed by the House yesterday does not ington (Mr. SMITH) is recognized for 60 ing to meet our obligations at present do enough for Americans when it minutes as the designee of the minor- or in the future, and it should be re- comes to investing in education. It will ity leader. duced. not help hire more teachers, it will not Mr. SMITH of Washington. Mr. Now is the time to do it. We have a help districts modernize their schools. Speaker, yesterday we took the first very strong economy. We have unem- It takes money away from higher edu- step on a long process of passing a ployment at 4.2 percent. We have vir- cation. budget this year, and a very important tually nonexistent inflation, a booming If we are going to prepare our chil- budget it will be as it will lay out pri- stock market, with growth to match. If dren for the future, we have to do bet- orities as we move into the next cen- we cannot begin to pay down that debt ter. We have to make education a pri- tury. It will in fact be the last budget now, we never will. We will never get ority. of the 20th century. As we move for- there if we do not take that step right The problems go beyond education. ward, we need to set our priorities. now. We need to step up to that as a Consider, for a moment, the implica- This will be a long process as we go priority. tions of our budget resolution on the through the summer and into the fall I am concerned, as I look at the de- environment. America’s public lands, in deciding what those priorities bate that we had on the budget resolu- wildlife, fish, and plants are assets that should be in passing a budget. I rise tion, that we are not heading in the belong not just to us but to our chil- today to emphasize the importance of right direction. I basically look at the dren. We must allow for an increase in fiscal discipline, fiscal responsibility, budget resolution of this week that was funding for protecting the environment and paying down our debt as we move passed in the House as a bad news-good and improving our communities. What through that process. I feel that should news situation. will our children say if priceless re- be the number one priority of this body The bad news is, it is not a particu- sources disappear to suburban sprawl? in the budget process and for the fu- larly good budget resolution, and the Will future generations have the oppor- ture, as it is what can best help the debate was even worse, from a fiscally tunity to see ancient forests or wildlife people of this country. responsible and economically accurate in their natural habitat? We still have a significant financial standpoint. But the good news is it bor- Furthermore, we need to do more to problem. The news has gotten better in ders on meaningless. What really is support and encourage research and de- recent years. We have reduced the going to matter is the 13 appropriation velopment. As a scientist, I understand yearly size of the deficit, and we actu- bills that both bodies have to pass be- the importance of increasing funding ally have the possibility of moving to- tween now and October. There is no for both the National Science Founda- wards a surplus. All of that is good way that those 13 appropriation bills tion and for the National Institutes of news, and many people on both sides of are even going to come close to match- Health. Today’s research is at the the aisle and many Congresses through ing what was in that budget resolution. threshold of major scientific advance- the past 6 or 7 years can rightfully I say that is good news because the ment, which can dramatically improve take credit for that, but the job is not budget resolution overpromised in a the quality of life for the American done. I worry a great deal as I listen to number of different areas. Essentially people. the debate and listened to the debate by holding back key specifics, the All of us have seen the benefits, the this past week on the budget resolution budget resolution was able to promise actual benefits and the potential bene- that people have lost sight of that fact. in a number of interesting areas, prom- fits of research. Whether it is new dis- We are talking about surplus politics, ise more spending on defense, although coveries to help fight AIDS and breast and I think we do so prematurely. they added another little trick in there cancer, initiatives to improve our un- To begin with, we still incorrectly, that they promised budget authority derstanding of how ecosystems inter- from an economic standpoint, count but not necessarily outlays. act, or investing in teacher training to the surplus in the social security trust What is the difference between budg- help students get the mathematics and fund as income to the Treasury, and et authority and outlays, we ask? It is science skills they need to succeed in use that surplus to claim an overall the difference between promising to today’s and tomorrow’s society, each surplus when in fact we have an overall spend money and actually spending it. action leads us to the doorstep of deficit. There is a big difference between those breakthroughs in improving the qual- Last year’s numbers make this point two things. ity of life. clearly. We had a $100 billion surplus in Beyond that, the pledges for in- We need to make a stronger commit- the social security trust fund. The rest creased spending in defense, in edu- ment to the future, and increasing of the budget actually ran a $30 billion cation, while at the same time includ- funding for research and development deficit, so presto, we have the $70 bil- ing a massive back end tax cut, and by should be part of that commitment. We lion surplus that everybody has been ‘‘back end’’ I mean it grows in the out simply need to make an investment talking about, it does not really exist, years, in the first 5 years it is not too now. It will benefit all of us and future but that surplus in the social security much, in the second 5 years it is more, H2118 CONGRESSIONAL RECORD — HOUSE April 15, 1999 in the third five years it is even more, many of the majority party who sup- Security trust fund; two, we have an all of that, for all of that to work with- ported their budget to not even really existing debt; three is the coming bills in any sort of fiscally responsible talk about their budget, but rather try on Social Security and Medicare once framework requires cuts in the rest of to focus their attention on proving the baby boom retires, those exploding the budget that nobody is prepared to that the President’s budget that he in- bills that are out there and what we make, and therefore were not spelled troduced 3 months ago was bad. are going to do about them. out in that budget resolution, for some That may well be. In fact, an amend- Nowhere in the budget resolution very good reasons. If they had been ment was offered by a Member of the does it say anything about any sort of spelled out nobody would have voted majority that was supposedly exactly Medicare or Social Security reform to for it and it would not have passed. the President’s budget. It was defeated, deal with those problems. If we do not, So the budget resolution was more or I think, with only two votes voting in that is going to further exacerbate our less a political document, an effort to favor of it. financial situation. try to gain favor in some areas by play- From the time that budget was intro- The level best thing that we can do ing various tricks and smoke and mir- duced, many things have changed, for dealing with those programs, well, rors games with the budget numbers. many other ideas have come up. The there is two things: one, we can reform So it is not going to happen, but we are budget is a dead issue. Yet, that is the two programs, but two, is to not going to have a situation where we are what the majority party spent most of spend the money now. Because the in- going to have to pass a real budget. its time talking about. teresting thing about this chart is both What is going to happen is all of those I would have much preferred them to the President and the Republicans are promises that were made during the have spelled out some of the specifics being somewhat disingenuous in argu- budget resolution debate are going to of their own resolution. I also would ing about how much money they, be very tough to meet, in reality. have much preferred them to be a little quote, unquote, are setting aside for What is going to happen? My fear is bit more honest in their analysis of Social Security. that what is going to happen is exactly that budget. We cannot bind future Congresses in what happened in the 1980s, long before I brought a chart with me which I that way. As future Congresses pass I got to Congress, actually when I was saw frequently on the day that the budgets, they will decide whether or in high school and college and watched budget resolution was debated being not to spend this money on Social Se- with horror as my predecessors in this brought up and put forth by the major- curity, Medicare, or someplace else. It body spent all of our future money. ity party as evidence that their budget will require a year-to-year decision to Basically what happens is an agree- was better for Social Security than the decide what to do with that. ment is reached that goes something President’s was. So to say that we are setting it aside like this: I will take your tax cut if you I bring this chart up mainly for illus- now is somewhat empty rhetoric ex- take my spending increase. That works trative purposes to show how—well, cept for this point: It is arguable that out just fine for that Congress. They dishonest might be too strong a word; the extent to which we are fiscally re- are able to pass out a lot of goodies and we are supposed to not say things like sponsible now, in other words, the ex- make every one happy, but it sets up a that in this honest body—let us say tent to which we do not spend money situation that I, among others, walked how disingenuous the debate was. I will or do not give out tax cuts that further into in the mid 1990s. put that chart up now. inhibit our ability to have revenues for Basically it is like showing up at the This chart shows the commitment on Social Security and Medicare, to the time that the credit card bill comes Social Security. It is interesting. The extent we do that, we will be in a bet- due. It is not a lot of fun and it is not Republicans’ argument throughout the ter position to deal with Social Secu- good for the country, because I under- whole budget was that their budget rity and Medicare in the future. stand the Federal Government has sets aside 100 percent of the Social Se- So the number one biggest test, aside many positive things that it needs to curity Trust Fund or, sorry, 100 percent from all this baloney with the charts, do. It has spending programs in the of the surplus for Social Security, this effort to confuse people by taking areas of education, in the areas of de- whereas the President only sets aside two separate numbers and treating fense, environmental protection, med- 62 percent. them as the same when they are not, ical research. It has tax cuts it can do. The interesting thing is, and they ab- look at the budget and see if it is fis- All of those things are important, solutely had to be aware of this fact, cally responsible. That is the test on but they are not peculiar to this one the 62 percent that they are talking whether or not we are preparing for moment in time. Ten years from now, about, or sorry, the 62 percent that the dealing with the coming increases in 20 years from now, 30 years from now, President was talking about was 62 per- cost and Social Security and Medicare. and beyond, residents of this country cent of the entire surplus, whereas the Again, when we look at the budget are going to have needs in all of those number that the Republicans were re- resolution we passed this week, it areas, needs that they will not be able ferring to in their budget was 100 per- promised $800 billion in tax cuts over 10 to meet if we spend the money now ir- cent of the Social Security surplus. years. Actually, that number balloons responsibly. So basically the President was talk- even further in the next 5 years, over a I am afraid that we are headed in ing about 62 percent of a much larger 15-year period. It also promised mas- that direction by overpromising, by number. In fact, a fascinating fact is sive increases in a number of different talking about the politics of a surplus this 62 percent of that much larger areas of spending. All of that will jeop- and where can we spend the money, number is almost exactly the same as ardize this chart considerably. where should we spend the money, that 100 percent. In other words, there That is what we need to look at as we what tax cuts we should do, way be- is no difference whatsoever. debate the budget in the months ahead. yond what we can actually afford to do, Yet, the majority got up here and ar- Because, as I said, the hard work is yet and not even taking into account the gued repeatedly that their budget was to come. We have basically done the nearly $6 trillion debt that we have run better because it set aside 100 percent smoke and mirrors, twisted the num- up over the course of the last 30 years. instead of 62 percent. It is just exactly bers around to make them look as good that sort of disingenuous use of fact as possible. Now we actually have to b 1730 that colored the debate and got us way pass realistic appropriations bills. That Let us be fiscally responsible and off the topic. That topic ought to be is going to be far, far more difficult start paying that down. fiscal responsibility. than simply passing a piece of rhetoric. Worse than that, the debate, as I If we want to do something about So- I rise today to urge fiscal responsi- watched it, degenerated into a criti- cial Security and Medicare, and that is bility. Balance the budget and pay cism of the Clinton budget and a battle really a third point in addition to the down the debt. That is the best thing over who is, quote, setting aside more two prior points about how our budget we can do for society today and in the for Social Security. situation is not as rosy as it is, those future. There are a couple of problems with being, one, that we still count the Mr. Speaker, I am pleased to yield to this argument. First of all, it allowed money that we borrow from the Social the gentleman from Arkansas (Mr. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2119

BERRY), a colleague who will help in first round around the field, and he In my home, like many of the homes this argument. I appreciate his coming would estimate how much his yield was we represent, Hillsborough County and down. going to be and how much he was going Tampa and Florida where the average Mr. BERRY. Mr. Speaker, I want to to get for it. mortgage is about $115,000, when we thank the gentleman from Washington He would figure up right there on his drop interest rates about 2 points, from (Mr. SMITH) for the opportunity to par- pants leg how much money he was 8 percent to 6 percent, that reduces a ticipate in this effort. going to have. Sometimes he would go monthly mortgage payment by $155. Mr. Speaker, I am reminded of an oc- to town and spend quite a bit of that. I will tell my colleagues that $155 re- casion that actually happened to me. I Then the harvest would not turn out duction in that homeowner’s monthly had been from a farm to town to get quite as good as he expected, and the mortgage payment is better than most some supplies, and I was on my way price maybe would deteriorate, and he of the tax cuts that are being promised back. One of my neighbors was out in would end up in trouble. here in Washington. They can be taken his field, and he was walking back to- The next morning, when he would immediately, and one does not have to ward the road. He waved me down. Out come back to the cafe, he would have call one’s accountant to figure out how in the country, when someone waves at washed those pants, and his money to do it. you, well, you generally stop and at would have all disappeared. That is just one example of the posi- least say hello. I was concerned that he I am afraid, if we take this budget tive impact of paying down the debt, might need a ride someplace or need to with all these projected surpluses that apart from the fact it is the right thing see me about something. So I stopped. we do not really have, it will happen to to do, apart from the fact that it is the He walked over to my truck, and he this country like it happened to my best thing we can do right now for said, ‘‘I just wanted to check.’’ He said, friend. We will wash our pants, and all Medicare and Social Security. ‘‘Do I look like an idiot?’’ I said ‘‘Well, the money will be gone. So I urge my colleagues to take a sir, you are not. You are a distin- So I urge this body to be more con- second look at this $780 billion tax cut guished-looking fellow and certainly do scious of what a workable and realistic that we just passed here, and let us go budget resolution should be and to do not look strange in any way.’’ He said, back and let us do a tax cut, but let us our best to work toward that goal. ‘‘Well, I just wanted to check.’’ He put first things first. Let us pay down Mr. SMITH of Washington. Mr. this massive Federal debt. Let us make said, ‘‘It seems like everybody that Speaker, I thank the gentleman from that our highest priority. It will comes down this road today wants to Arkansas for those well-said words. take advantage of me.’’ Mr. Speaker, I yield to the gentleman produce benefits at home for home- That is kind of the way I view this from Florida (Mr. DAVIS) who is a owners, for students who have student budget. The Congress this week passed member of the Committee on Budget loans, for people who are trying to pay perhaps the most irresponsible budget and has done an outstanding job of back credit card debts, and it is the resolution this country has ever seen. standing up for fiscal responsibility for right thing to do for our children and The Republican leadership’s budget both his constituents and the rest of grandchildren. does nothing to solve our Nation’s the country as a member of that Com- Mr. SMITH of Washington. Mr. most pressing need, the solvency of the mittee on Budget. I appreciate his sup- Speaker, I want to follow up on that Medicare trust fund. The Republican port. last point about keeping the economy leadership’s budget does nothing to pay Mr. DAVIS of Florida. Mr. Speaker, I strong. I came into Congress in 1996. down our national debt. just want to highlight one more time Before that, I served 6 years in the Instead, it devotes any future sur- what we have been talking about to- Washington State senate, so I started pluses that are estimated, and they are night, and that is that there should be there in 1990. projected at close to $800 billion and no greater priority in this Congress I came into the body in the State this is money we do not have, to a tax than paying down the $5.3 trillion Fed- senate during down economic times, cut without making any corresponding eral debt. during a time period when our treasury spending cuts. We are living in a time of uncer- had a $2 billion shortfall; and in the I am in favor of cutting taxes, par- tainty. We have got a difficult situa- State of Washington, $2 billion is a lot ticularly for small business owners. tion. We are going to do our best to of money. But to ignore this country’s $5.3 tril- manage in Kosovo. We have got an in- We had to figure out how to deal with lion national debt, to ignore this coun- credibly healthy economy, but we can- that in terms of cutting spending and try’s future Medicare needs is just not be certain what lies ahead. The raising taxes and basically dealing plain wrong. most prudent thing for us to be doing with covering the debts of government. To make these assumptions that we right now is to make paying down this That is a horrible situation to have are going to have this great wealth to massive Federal debt our highest pri- to deal with as compared to the situa- spend out here and be irresponsible ority. tion that we are in right now with a about it, like we were back in the 1980s, There are three good reasons why we strong economy generating strong rev- and to run the risk of incurring yet ought to do that. First is, it is the enues, so that we can fund programs more debt and to not at the very least right thing to do for our children and and hopefully pay down the debt. have a protection mechanism in there grandchildren. We should not force If we can pay down the debt, if we where these tax cuts do not take place them to inherit this massive debt. can be fiscally responsible in a way where this money does not exist is irre- The second reason is, it will help us that keeps the economy moving for- sponsible. prepare Medicare and Social Security ward, that will have benefits that The American people expect us to for the retirement of the baby boomers, spread all across the country and must come up with a realistic fiscal plan for because those funds that we set aside be a top priority. this country. Let us shelve this un- by virtue of paying down the debt can I want to touch on one other point. workable, unrealistic budget resolution be used as the baby boomers begin to Basically, I figure a lot of people might and get to work on real budget. retire and put more strain on Medicare be tuning in and saying, what is a Again I am reminded of a story that and Social Security. Democrat doing talking about a actually happened. For 30 years, I ate Finally, it is the best thing we can do balanced budget and fiscal responsi- breakfast in the same cafe every morn- here in Congress to assure that this bility? Well, I feel that I am a member ing before I went to my farm with the economy will stay healthy. of the new Democratic Caucus, the new same group of people. Chairman of the Federal Reserve Democratic Coalition that is very in- One of the fellows I usually ate with, Board, Alan Greenspan, testifying be- terested in focusing on issues like fis- and he is no longer with us, but he fore the House Committee on the Budg- cal responsibility and paying down the would come back in that cafe late in et, makes it perfectly clear that, as we debt. Because, though we believe in the afternoon, and he would have taken pay down this Federal debt and the government, we do believe that govern- his ballpoint pen, and he would have Federal Government competes less to ment has a limited role to help in areas figured on his pants leg, in the fall of borrow money in the private sector, it like education and infrastructure and the year, his combine would make the has a direct bearing on interest rates. protecting the environment. We also H2120 CONGRESSIONAL RECORD — HOUSE April 15, 1999 recognize that if we are not fiscally re- the fact that the priority that we budget that was proposed by the Demo- sponsible, we will not be able to do ought to be according to paying down crats. He would take a portion of the that. We will not have the confidence the debt has not been shared on a bi- surplus and reserve that for the Medi- of the voters in the first place that partisan basis to date. We have had care program. And although that is not their tax dollars are being well spent. several years of remarkably good eco- identical, it certainly is a step in the Second of all, as I mentioned earlier, nomic times, about 9 years, and we are right direction, and I want to commend these are not one-time needs. all pleased here in the United States the President for that. I hope that the b 1745 that we have had good economic times. President can work with those of us in It is the economy more than anything Congress to achieve this goal. We are not the only generation that else that has allowed us to come within I would like to make one other com- is ever going to need these things, and just a fraction of a percent of balancing ment, if my colleague from Washington if we spend all the money now, we do a would indulge me, and that is that we grave disservice to the future. the budget here in fiscal year 1999. And I have been very pleased with the the hope is, with the new CBO baseline, have a great deal of emphasis these number of my Democratic colleagues we will indeed balance the budget in days on trying to do right by the men who have made paying down the debt fiscal year 2000 without using Social and women in our armed forces; in and getting a balanced budget the Security. It is historic. their pay scale and in their retirement number one priority in this budget So the question is if we are balancing benefits. I do not disagree that the men process. I think it speaks well for the the budget without using Social Secu- and women in uniform need additional direction of the Democratic party rity, what are we doing to address the compensation so that they are fairly today. problem of the $5.7 trillion national treated in this robust economy that we That, Mr. Speaker, is an excellent debt? What priority do we accord that? have. I realize that we are losing expe- intro for the gentleman from Min- And, Mr. Speaker, I would like to em- rienced military personnel, taking nesota (Mr. DAVID MINGE), who has phasize that I, and I think most Mem- early retirement or not reupping be- been probably the leader in our caucus bers in Congress, feel that paying down cause they can do better in the private on fiscal responsibility and paying the national debt is indeed a top pri- sector. down the debt, and I yield to him at ority. But I would like to emphasize that as this time. Certainly it is refreshing to see us we proceed with this task of trying to Mr. MINGE. Mr. Speaker, I want to take the Social Security Trust Fund do right by the men and women that thank my colleague from Washington out of the budget and quit using that work for the Federal Government, that for this opportunity to speak during to subsidize other programs or the we not overlook the fact that the civil his special order. budget generally. But the fact of the servants similarly find that the private First, I would like to say that I matter is that by taking the Social Se- sector is quite attractive. In fact, I would associate myself with my col- curity Trust Fund off budget, we are have met with folks that work for the league’s comments. I certainly agree only doing what we really should have Farm Service Agency in the rural Mid- with the gentleman wholeheartedly. done years ago. And what we are fail- west, and I am learning that, to the And I would further preface my re- ing to do at this point is to use some of horror of the administrator of that pro- marks by complimenting the Speaker. the surplus that has been projected for gram, we are daily losing highly quali- The Speaker has done a remarkable job the next 5 years and the next 10 years fied experienced personnel to the pri- of keeping his commitment to moving to pay down on this debt. vate sector; people that are saying the budget resolution through on a My colleagues and I in the Blue Dog they are not sure what this agency is timely basis. coalition, and about 135 of us, voted for going to be doing; they are concerned I know that on our side of the aisle a budget 3 weeks ago that would devote that there have been cutbacks in staff- we have had difficulty with this some 50 percent of the surplus to paying ing levels and there may be further years. Last year, with different leader- down on the debt. This budget proposal cutbacks; and the compensation level ship, we never did have a concurrent had bipartisan support, and the new has not kept up with the private sec- budget resolution that passed Con- Democratic coalition was a very im- tor. gress, which was a real failure of lead- portant part of this. Tragically, we So it is easy to pick out one group ership. But this year we do have a con- could not prevail on the majority to in- and say we are going to favor that current budget resolution, and I do clude this commitment to paying down group, but I think it has to be a think the Speaker is to be commended the national debt in the budget that balanced approach. And we should not for the priority he has accorded this was passed here this week. lose sight of the fact that other men task and the fact it was completed on I would like to urge that in the and women working for the Federal a timely basis. It is almost historic. weeks and months ahead that we work Government are in a similar predica- I would also like to compliment the together on a bipartisan basis and de- ment. leadership for staying within the budg- termine if there is a way that we can Now, having said this, I am not urg- et caps. The President also stayed go back to that principle of devoting 50 ing that we go back and somehow do within the budget caps. There has been percent of our surplus that is projected something irresponsible with the budg- a lot of squabbling about whether this to reducing our Nation’s debt. In these et. I am simply saying it is a task of budget or that budget was actually good times, we ought to be making the being fair and proportional. It is a within the budget caps, and of course repairs to our fiscal house. question of equity. And as we proceed there will be a great deal of anguish as There is a saying that when the sun with the appropriations bills, I trust we try to live within the budget caps, is shining, it is time to fix the roof. that we will be fair to all Federal em- but, nonetheless, we have had a re- Well, the sun is shining on the Amer- ployees. markable bipartisan commitment to ican economy these days, and it is time In closing, I would again like to staying within the budget caps. to fix the budget roof, to pay down that thank the gentleman from Washington The next question is how have we ac- debt so that the legacy that we are for his leadership on this and urge that quitted ourselves of our responsibility leaving our children does not include we recognize the importance of paying to deal with this task of providing the this $20,000 per capita debt that each down this vast national debt as a top Committee on Appropriations and the man, woman and child has in the priority and using the budget surpluses other committees in Congress with a United States today as their part of that are anticipated in the years to road map as to how they ought to per- being Americans. come. form their functions vis-a-vis the budg- If we take that $5 trillion and divide Mr. SMITH of Washington. Mr. et for the fiscal year 2000 and for the it by our Nation’s population, it is Speaker, I thank the gentleman from subsequent budget years. I think it is roughly $20,000 that each man, woman Minnesota. here that we begin to really see some and child in this country has as that To conclude this topic, I will just go disagreement in perspective. person’s share of the Nation’s debt. back to where I started from. This is As my colleagues have indicated, Now, President Clinton did not han- going to be a long process. The budget there is some real unhappiness with dle it quite the same way we did in the resolution that we have passed is but April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2121 the first step. Passing the 13 appropria- bill as the first thing that we give The events in Kosovo and the tions bills over the course of the next 6 them. That is not leadership. That is Balkans in the last 3 weeks really to 7 months will be the important step. not what we were elected to do. bring home the importance of having a That is where we will make the deci- Now, I know a good many people say well-funded and adequate and strong sions. the way to get reelected is to bring and capable and technologically supe- And as we approach those decisions, home stuff. Whatever it is, a bridge, a rior defense. And there were a lot of us we have a clear choice. We can do poli- swimming pool, a new school, what- that have been concerned, even before tics as usual. And politics as usual ba- ever, we must bring home something to these events in the Balkans, that we sically means that we over promise and our constituents so that we can show need to put additional money into the play political games to try to make it them that we have made a difference. defense budget. Clearly, the events of look like we can keep more promises In each election what I want to be able the last 3 weeks, the last 21, 22 days, than we possibly can in the hopes that to say that I brought home to the peo- bring home that even more. the people we are making those prom- ple I represent is fiscal responsibility; I am also on the Committee on Vet- ises to will not notice that we have not a balanced budget that is going to keep erans’ Affairs and have been very con- kept them or, better yet, will find our economy strong and keep our com- cerned as a family doctor about, are we somebody else to blame for the fact mitment to future generations. That adequately funding the health needs of they have not been kept. ought to be enough for Members of veterans? I believe there is going to be That is the politics of taking one per- Congress to bring home. some information come out in the next son’s tax cuts, another person’s spend- That is the message I am getting few days about the potential once ing increases, doing a deal, and just from my constituents; be responsible, again, bring home the potential once worrying about the debt later. That be disciplined. Yes, we have needs, but again for hepatitis C and its impact on process is what got us into this mess in there is no reason we cannot meet the VA health care system. the first place. those needs within the parameters of a As we learn more and about hepatitis I understand how powerful that proc- balanced budget and paying down the C, its long latency period, about the in- ess can be. Not a day goes by that I do debt. Make that the top priority. creased risk to Vietnam veterans, not have somebody come into my office Mr. Speaker, with that I would like about the devastation that it can bring and present a very credible case for a to now yield to the gentleman from Ar- on people years after they incurred the need. Whether it is a need for spending kansas (Mr. VIC SNYDER), who has been virus through chronic hepatitis, increases or a need for a particular tax a leader on fiscal responsibility and through loss of their liver, through cut, they make very powerful argu- making sure that we have a fair and death. I had a friend who died a few ments. balanced budget. months ago of hepatitis C, and he had And we must look at each one of Mr. SNYDER. Mr. Speaker, I thank been in good health at age 43 2 weeks those situations and make disciplined the gentleman for allowing me to be before his death. decisions. But we cannot look at each here with him this evening. I appre- And finally, the changing world econ- one of those and simply say, well, gosh, ciate the work the gentleman has done omy. It is too soon to think that be- is this an important program; would we on these issues and the folks that cause we see surpluses as far as the eye like to spend money on it; and, if so, stayed around to talk about the impor- can see that this world economy will we must. We must look at that side of tance of fiscal discipline. never change in a negative direction. the equation, but we must balance it As the gentleman knows, the House Of course we are going to have reces- against the overall needs of a fiscally has adjourned for the week. Most peo- sions. Of course we are going to have responsible budget and not promise ple are in planes heading home, and it recessions in the future, some of which more than we can possibly give out. seems like we had some stalwarts de- may be fairly major. These are the I fear that the old politics of the fending the importance of fiscal dis- kinds of things that we have to be pre- 1980s, of basically winning elections cipline in this country to stick around pared for that are challenges in the fu- one check at a time, whether it is a tax this evening and discuss this issue. ture. cut or a spending increase that makes I want to make a comment briefly, if Agriculture: In Arkansas we had ter- some group happy, is where we are I could. I heard someone on the House rible problems with drought and low headed again. And when I see people floor today talking about how we have prices, and I do not see and I do not talking about the so-called politics of the situation now where we have budg- think many people in Arkansas see never-ending surpluses, I see us drift- et surpluses as far as the eye can see. that improving this next cycle. That is ing into that direction and it worries As far as the eye can see. I think it is going to be a very great challenge for me. very nice to be part of a Congress, in this country, and we are nowhere close Because the other choice is to be fis- my second term, where we can talk to solving that. cally responsible in how we approach about budget surpluses. But as I look Challenges take money. And I sup- the budget and be disciplined, and out at the world today, I also see chal- port tax cuts. I supported the tax cuts place as an overarching priority that lenges as far as the eye can see. in 1997. I supported balancing the budg- shall not be bent that we first balance Mr. Speaker, we better be very, very et in 1997. But before we are too quick the budget and, second, begin paying careful that we not head down the path to give away huge tax cuts, contrary to down the debt. of a lack of fiscal discipline and head the wishes of the American people, we Now, the good news is that because of into the time of not being responsible had better deal with these very, very that strong economy we can do both in how we deal with these surpluses or significant challenges, solve them first, those things and still do some other we will make some mistakes like we be sure that we maintain our budget things. We can increase spending to have in the past. discipline, our fiscal discipline is so im- help our men and women of the armed portant to this country and so impor- b 1800 forces and we can do some tax cuts. tant to the American people, and then But we cannot do everything that ev- So what are some of the challenges? deal with the long-term issue of what erybody has laid out on the table dur- We talked a lot about the importance kinds of tax cuts, in what amounts can ing the course of this budget resolution of dealing with Social Security and we give tax cuts to the American peo- debate. Medicare before we talk about major ple. And if we promise too much and get and large and huge tax cuts. That is And I know every Member of Con- ourselves too far down that road so what the American people want us to gress would like to give tax cuts to the that we feel we cannot go back on do. They want us to deal with the chal- American people if it is fiscally sound. those promises, what will suffer is fis- lenges of Social Security and Medicare. I appreciate the gentleman from cal discipline. And, more specifically, They understand this baby boomer Washington (Mr. SMITH), his work on what will suffer is our children and generation, of which I am a member. this issue. their children and the future genera- When we are fully retired in 15 or 20 Mr. SMITH of Washington. Mr. tions of this country who, once again, years, we will challenge those two sys- Speaker, I yield back the balance of will grow up to be handed a credit card tems. my time. H2122 CONGRESSIONAL RECORD — HOUSE April 15, 1999 CHINESE ESPIONAGE Clinton, when Communist China’s Los Alamos? Why would he say that? The SPEAKER pro tempore. Under Prime Minister Zhu Rongji was here, Mr. Speaker, when they do something the Speaker’s announced policy of Jan- he was asked about China’s theft of in China, as I said before, they either uary 6, 1999, the gentleman from Indi- U.S. nuclear secrets; and Prime Min- shoot them or throw them in jail. ana (Mr. BURTON) is recognized for 60 ister Zhu said, ‘‘I have no knowledge Now, regarding Chinese espionage. In minutes as the designee of the major- whatsoever of any charge of any allega- April of 1996, 27 months before Presi- ity leader. tion of espionage or the theft of nu- dent Clinton accepted President Mr. BURTON of Indiana. Mr. Speak- clear technology, and I do not believe Jiang’s denial, and 3 years before he er, I rise to address the issues of Com- such story.’’ suggested that China’s spying might be munist China’s efforts to steal our And President Clinton responded, the fault of ‘‘big government,’’ the De- most advanced nuclear secrets, their ‘‘China is a big country with a big gov- partment of Energy’s chief of intel- funneling of illegal contributions to ernment, and I can only say that ligence Notra Trulock told National President Clinton’s 1996 reelection America is a big country with a big Security Advisor Sandy Berger, the campaign, and how the Clinton admin- government and occasionally things head of the NSC, that China had stolen istration, either intentionally or happen in this country and in this gov- both W–88 nuclear warhead designs, through incompetence has irreparably ernment that I do not know anything that is the miniature nuclear warhead damaged and compromised the security about.’’ And he was indicating that the that they can put 10 of them on one of every man, woman, and child in the stealing of this technology and the ille- missile, and neutron bomb data; that a United States. gal campaign contributions that were spy might still be passing those secrets Mr. Speaker, last summer during authorized by the leaders of the Com- to China from Los Alamos, our nuclear President Clinton’s trip to China, munist Chinese Government could have research facility. Jiang Zemin, the President of China, happened without their knowledge. Mr. Speaker, according to Energy of- told him that he had no involvement in If that happens in Communist China, ficials who took part in the meeting campaign fund-raising in the United they either shoot them or put them in and read highly classified materials States; and President Clinton took his prison. So it is disingenuous for the used to prepare for it, Sandy Berger word for it. President to say that he believed him was also told how the stolen tech- In that July 2, 1998, press conference, when he knew full well that this was nology could fit into Beijing’s overall President Clinton said, ‘‘They looked taking place. nuclear strategy and how the W–88 into that, and he was obviously cer- In July of 1997, a year before his technology could be used as part of a tain, and I do believe him, that he had meeting with President Jiang and 27 plan to rely on the mobility of truck- not ordered or authorized or approved months before his meeting with Prime launched missiles with small warheads such a thing, and that he could find no Minister Zhu, the administration ac- to better survive a counter-nuclear at- evidence that anybody in governmental knowledges that NSC Director Sandy tack by the United States. authority had done that,’’ giving ille- Berger briefed the President, told him According to the New York Times, gal campaign contributions to the about weaknesses in our nuclear lab- Energy officials said the briefing was a Democratic National Committee or the oratories and about China’s spying. culmination of a 5-month interagency President’s Reelection Committee. So when President Clinton met with study of the W–88 theft and related Why would President Clinton say President Jiang and Prime Minister issues and it was pretty was ‘‘a pretty that, Mr. Speaker? The New York Zhu, he had already been briefed by specific briefing.’’ One American offi- Times reported in May that Johnny NSC Director Berger sometime before cial who was present said that. Sandy Chung was given $300,000 by Ms. Liu about the possibility of spying and es- Berger was even told that investigators Chao-ying, a Chinese aerospace execu- pionage taking place at our nuclear fa- had identified a prime suspect at Los tive who is a lieutenant colonel in the cilities. Alamos in the theft and would shortly People’s Liberation Army in Com- Before the President met with Zhu, munist Army, and her father at one turn their information over to the FBI the L.A. Times reported that Johnny time was the head of the Chinese Peo- for a formal criminal inquiry. Chung had testified under oath that he Why did Sandy Berger, the head of ple’s Liberation Army. In April of 1996, 27 months before was directed to make illegal campaign the NSC, appearing on NBC’s Meet the President Clinton’s meeting with contributions to the President’s reelec- Press last month, say the information President Jiang of China, Sandy tion campaign by General Ji Shengde, he was told about 3 years ago was very Berger, the head of the National Secu- who met with him three times and or- general and very preliminary? Why did rity Council, was briefed that China dered that $300,000 be directed to Chung he say we did not have a suspect in the had stolen W–88 nuclear warhead de- for political contributions, and that theft of the W–88 technology? Why did signs, neutron bomb data, and that a there were other conduits, other people he say that we did not know who, we spy might still be passing secrets to that they were working with to get did not really know how, and we did China at Los Alamos, one of our nu- money into the President’s reelection not really know what? clear research facilities. campaign and to the Democratic Na- We know at the end of the briefing Now, the W–88 nuclear warhead de- tional Committee. that I just talked about, according to sign is a miniaturized nuclear warhead, Now, Johnny Chung was a friend of officials that were present, Notra and you can put as many as 10 of them the President. He was in the White Trulock referred to a report from a on one missile. So you can hit 10 cities House 50 times. He brought other peo- Chinese source which had been pro- with one missile launched from China, ple in, Communist leaders, to meet vided to the Department of Energy by thereby endangering as many as 50 or with the President. And he was one of the FBI in March of 1996, over 3 years 60 million Americans. And the neutron the major conduits of bringing illegal ago. bomb data, that kind of information, campaign contributions into this coun- Mr. Speaker, the Chinese source indi- would allow an enemy of the United try. cated that officials inside China’s in- States, Communist China, to launch a General Ji Shengde was the head of telligence service were boasting about missile at the United States with a the Chinese Communist military intel- how they had just stolen secrets from neutron bomb warhead, and when it ex- ligence, the equivalent of our Defense the United States and had used them plodes, kills everybody in the city but Intelligence Agency in this country; to improve Beijing’s neutron bomb. it does not destroy the infrastructure, and he was the one that was giving the The source further suggested that the roads, the bridges, or the buildings. order to funnel these illegal campaign Chinese agents solved a 1988 design Now, Sandy Berger, the head of the contributions from communist China problem by coming back to the United NSC, would have had to have told the into the President’s reelection cam- States in 1995 to steal more secrets. President about this. Why would Presi- paign and into the Democrat National The source, who in the past has pro- dent Clinton say that he believed Committee. vided reliable information, even de- President Jiang of China? Now, why would President Clinton tailed how the information was trans- Mr. Speaker, on April 8, 1999, at a suggest that maybe the Chinese leader- ferred from the United States to com- joint press conference with President ship did not know about the spying at munist China. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2123 According to one official, the intel- cember of 1998, about 2 years later, cessful espionage operations against ligence about the neutron bomb was when he was moved to a nonclassified the United States, the Committee on hot off the press and it was included in area and took a lie detector test for the Government Reform, which I chair, for the briefing to warn the White House of first time. Why? 2 years has known about and tracked the possibility of continuing Chinese Mr. Speaker, again in 1997, in July, a millions of dollars that were given to espionage. year before his meeting with President the Democrat Party and the Presi- Mr. Speaker, in November of 1996, al- Jiang and 21 months before his meeting dent’s reelection committee that can most 11⁄2 years after first suspecting with Prime Minister Zhu, Sandy be directly traced to Hong Kong, the theft of nuclear secret from Los Al- Berger, the head of the NSC, received a Macao, Indonesia, South America and amos, Charles B. Curtis, the Deputy second detailed briefing about China’s Communist China. Mr. Speaker, long Secretary for Energy, ordered a series spying and soon after told President before President Clinton met with of security measures to be carried out Clinton about weaknesses at the lab- President Jiang and long before he met on a straight timetable during the next oratories and about China’s spying. with Prime Minister Zhu, we knew for several months. None of these meas- Mr. Speaker, in August of 1997, Gary a long time that China’s head of mili- ures were carried out until September Samore, the senior National Security tary intelligence, General Ji Shengde, of 1998, almost 2 years later, and there Council official assigned to the China had been pulling the strings for a mas- was a threat and a strong indication spy case asked, now, get this, asked the sive conglomerate called China Re- that espionage had taken place and our CIA director to seek an alternative sources which U.S. intelligence agen- top secrets were being stolen by the analysis on how China developed its cies have said operates fronts for the smaller warheads. In other words, he communist Chinese. Why did we wait 2 People’s Liberation Army in Hong did not want to talk about them being years? Why did they not implement Kong and worldwide. stolen from Los Alamos through espio- Mr. Speaker, for a long time we have those series of security measures? nage. He wanted to find out an alter- known that China Resources has joint Mr. Speaker, in March of 1997, 4 native analysis from the CIA on how ventures with the Indonesia-based months before President Clinton was they might have gotten this tech- international firm called the Lippo scheduled to visit China, the Energy nology. Immediately after he got this Group. We have also known that the Department’s Acting Secretary for De- briefing from Notra Trulock in August Lippo Group is run by Mochtar and fense Programs, Victor Reis, and the of 1997. Why, when presented with such James Riady. We have known that the Acting Director for Nonproliferation, overwhelming evidence of Chinese espi- ethnic Chinese James Riady is a close Kenneth Baker, prevented Notra onage, did Gary Samore at the Na- friend of the President’s and has fre- Trulock, when he saw further evidence tional Security Council seek to down- quently visited him at the White that the Chinese had other ongoing spy play the significance of the informa- House. He was also instrumental in operations at the weapons lab and he tion, asking the CIA to come up with getting John Huang appointed to a asked to meet with Secretary of En- another explanation about China’s ad- very important position at the Com- ˜ ergy Federico Pena, they kept him vances? Why? merce Department and later at the ˜ from briefing Secretary Pena for 4 Mr. Speaker, in May of 1998, Notra Democrat National Committee. months. Why? Trulock, Energy Department’s director Mr. Speaker, we have known that Mr. Speaker, in April of 1997, when of intelligence, was demoted to acting James Riady’s chief adviser on polit- the FBI requested a wiretap to be put deputy director of intelligence after he ical donations was John Huang, who is on the phone of the conversations of made a third report to the Energy De- a former employee of the Lippo Group Wen Ho Lee, the chief suspect in the partment Inspector General about a and who accepted this job at the Com- theft of America’s W–88 miniaturized steady pattern of suppression of coun- merce Department and then left the warhead technology, the nuclear tech- terintelligence issues. Somebody was Commerce Department to work at the nology, they were turned down by the trying to keep a lid on all this. Democrat National Committee where, Justice Department. Mr. Speaker, in July 1998, the same with the help of James Riady and the Why would the Justice Department month that President Clinton was Lippo Group and Mochtar, he collected turn down this request for electronic meeting with China’s President Jiang, nearly $3 million in illegal campaign technology to be put on this gentle- when the House intelligence committee contributions for the Democrat Party man’s phone when they thought and requested an update on the spy case and the President’s reelection com- highly suspected and even knew that from Notra Trulock, Trulock testified mittee. he was giving top secret nuclear tech- that Acting Energy Secretary Eliza- Mr. Speaker, we have in our posses- nology to the Chinese communists that beth Moler ordered him not to go to sion checks, copies of checks which endangered every man, woman, and the panel for fear that the information represent illegal contributions to the child in this country? would be used to attack President Clin- Democrat Party drawn from accounts Why would the Justice Department ton’s China policy. Why did Elizabeth in the Lippo Bank which is controlled not allow electronic technology and Moler do this? by the Riady family. wiretaps to be put on his phone? Why? Mr. Speaker, the Chinese thefts of It is now being reported that Johnny And who at the Justice Department U.S. nuclear secrets, according to Paul Chung, who gave more than $360,000 to turned down this request? This guy was Redmund, the CIA’s chief spy hunter, the Democrat Party, has told a grand accused of stealing America’s most ad- were, quote, far more damaging to na- jury that some of the money he con- vanced nuclear technology. Why was tional security than Aldrich Ames—he tributed to the Democrat Party came this request turned down? Why? is the spy who is now in jail—and the from China’s head of military intel- In August of 1997, FBI Director Louis spying would turn out to be as bad as ligence, the very same people that Freeh told Energy Department officials the Rosenbergs. Now you recall the wanted this nuclear technology, Gen- that the Bureau did not have enough Rosenbergs were the ones who gave nu- eral Ji Shengde. General Ji is the man evidence to arrest Wen Ho Lee, but clear secrets to the Russians and the in the Chinese military most likely to that Mr. Lee could now be removed Soviet Union back during and after be directing China’s spy operations and from his position without harming World War II. Both of them were exe- most likely to be interested in Amer- their investigation and that DOE was cuted for giving that nuclear tech- ica’s nuclear secrets. to determine whether or not to keep nology to the Soviets so that they Mr. Speaker, it now appears that Lee on since ‘‘the case was not as im- could build their nuclear missiles that General Ji was the mastermind behind portant as what damage he might do or were directed at the United States. China’s efforts to get the Clinton-Gore continue to do by accessing additional And he said, this Mr. Redmund, that team reelected. Johnny Chung has re- information.’’ this spying would turn out to be as bad portedly told a grand jury he was co- ordinating efforts to funnel money into b or worse, or as bad as the Rosenberg 1815 case. You can see how really bad this the campaign, along with others, ac- Why did the Department of Energy is. cording to General Ji. Is it possible keep Lee on with FBI approval, retain- Mr. Speaker, at the same time that that he was working with John Huang ing his security clearances until De- China was conducting its highly suc- and Charlie Trie as well? H2124 CONGRESSIONAL RECORD — HOUSE April 15, 1999 Mr. Speaker, Johnny Chung, John know that he called convicted spy O’Leary to seek a further briefing Huang and Charlie Trie together raised Peter Lee at the Livermore Labora- about espionage at DOE laboratories over $3 million in illegal donations, tories where a neutron bomb was being from U.S. intelligence agencies, did that we know of, that have been linked researched some time ago. How could Fultz say that O’Leary say she did not to the Bank of China. the President say that this was a result seem very interested in the matter? Mr. Speaker, it is important to re- of big government? Why, according to the Washington peat that on July 2, 1998 during Presi- It is impossible that the Chinese Times, did a former contractor for one dent Clinton’s trip to China when he leadership did not know about this spy- of the Department of Energy’s three was asked to comment on his discus- ing. You get shot in China when you do nuclear weapons laboratories recall sions with President Jiang Zemin something like that without telling the that O’Leary, quote, decided in her in- about China’s involvement in campaign leadership. finite wisdom to lessen security at the fund-raising in the United States, Mr. Speaker, on March 7, 1997, Presi- labs? Nuclear technology is being sto- President Clinton said, ‘‘they looked dent Clinton said, ‘‘I don’t believe you len and she lessened security at the into that, and he was obviously cer- can find any evidence of the fact that I labs. The Cold War is over, the con- tain, and I do believe him, that he had had changed government policy solely tractor says that she indicated, and in not ordered or authorized or approved because of a contribution.’’ Mrs. O’Leary’s mind it was not nec- such a thing, the illegal contributions, Mr. Speaker, in February of 1998, 5 essary to have so much money spent on and that he could find no evidence that months before he met President Jiang security. We did away with the people anybody in governmental authority and 14 months before he met Prime in actual security guard forces, secu- had done that.’’ The President said he Minister Zhu, President Clinton ig- rity clearances were deemed virtually believed that. nored strenuous objections from the unnecessary in all but a very few areas, Mr. Speaker, President Clinton at his Department of Justice which was in- former secure areas were opened up, own press conference on March 19, 1998, vestigating the Loral Corporation for and many documents and files were al- in response to the question, ‘‘Can you an unauthorized technology transfer to lowed to be seen which at one time assure us, the American people, that China and granted Loral a waiver for were of a secret or classified nature. under your watch no valuable secrets official transfers of essentially the Why, according to the Washington were lost,’’ and he said, quote: Can I same missile technology to China that Times, did the White House originally tell you there has been no espionage at Loral was being criminally inves- tell the Cox committee that the Presi- the lab since I have been President? I tigated for giving to China without au- dent was not told about Chinese espio- can tell you that no one has reported thorization in 1996. nage until 1998? We know he must have to me they suspect such a thing has oc- Bernard Schwartz, the chairman of known back as far as 1997 or 1996 when curred. Loral Corporation, contributed over his NSC director, Sandy Berger, found Mr. Speaker, on April 8, 1999, at a $1.365 million to various Democratic out about it. joint press conference with President accounts, including the reelection of Why did David Leavy, spokesman for Clinton when China’s Prime Minister the President. the National Security Council, explain Zhu Rongji was asked about China’s Mr. Speaker, in a March interview this discrepancy by saying, ‘‘Well, after theft of nuclear secrets, Zhu said, ‘‘I with CNN’s Wolf Blitzer, when ques- the Cox committee process, we’ve re- have no knowledge whatsoever of any tioned about China’s spying at Los Ala- membered more.’’ charge of any allegation of espionage mos, Vice President Gore said, ‘‘The Mr. Speaker, on April 7, 1998, speak- or the theft of nuclear technology and law enforcement agencies pursued it ing at a U.S. Institute for Peace event, I don’t believe such a story.’’ This is aggressively with our full support.’’ President Clinton implied that anyone the prime minister of China. On March 14, 1999, Sandy Berger as- critical of China was using, quote, cari- President Clinton responded, ‘‘China serted that upon learning of China’s catures and exaggerating the Chinese is a big country with a big government nuclear espionage, the administration, threat. and I can only say that America is a quote, imposed and enforced the strict- Let me share a portion of the Presi- big country with a big government and est controls on China of any country dent’s speech according to the record. occasionally things happen in this gov- except those for which we have embar- ‘‘Now, we hear that China is a coun- ernment that I do not know anything goes, such as Libya, end quote. try to be feared. A growing number of about.’’ Mr. Speaker, if the Vice President people say that it is the next great Mr. Speaker, how could President and NSC Director Sandy Berger are threat to our security and our well- Clinton, who knew at least 1 year be- right, why after showing deceptive an- being. fore meeting with President Jiang and swers in his first lie detector test in ‘‘They claim it is building up its probably as early as April of 1996 about December of 1998 did it take the Clin- military machine for aggression and Chinese spying, and had all this infor- ton administration another 2 months using the profits of our trade to pay for mation about illegal Chinese efforts to to give Mr. Lee a second test? After it. They urge us, therefore, to contain funnel money into the 1996 Clinton- failing that second test, why did it China, to deny it access to our mar- Gore reelection efforts, say, ‘‘I do be- take them another month to get rid of kets, our technology, our investment, lieve’’ President Jiang? It is just al- him? and to bolster the strength of our allies most disingenuous. Why did Elizabeth Moler, who or- in Asia to counter the threat a strong Mr. Speaker, it is inconceivable that dered Notra Trulock not to brief the China will pose in the 21st century. President Clinton did not know about House Intelligence Committee say that What about that scenario? Clearly, if it China’s espionage and China’s fun- she could not recall being told about chooses to do so, China could pursue neling of illegal contributions into this Trulock’s request for a briefing even such a course, pouring much more of reelection campaign when he met with when a memorandum from Mr. Trulock its wealth into military might and into Prime Minister Zhu. concerning the briefing request was traditional great power geopolitics. Mr. Speaker, how could the President found in the safe in her office after she ‘‘This would rob it of much of its fu- who had been briefed by Sandy Berger left her job at the Energy Department? ture prosperity, and it is far from inev- in July of 1997 and probably as early as Mr. Speaker, if what the Vice Presi- itable that China will choose this path. April of 1996 about Chinese spying sug- dent and Sandy Berger say is true, Therefore, I would argue that we gest that maybe China’s spying was the why, within 2 months after becoming should not make it more likely that result of ‘‘big government’’ and that Energy Secretary in January of 1993, China choose this path by acting as if maybe China’s leadership did not know when Keith Fultz, Assistant Comp- that decision has already been made. about their spying at Los Alamos? Wen troller General with the General Ac- ‘‘We have to follow a different course. Ho Lee we know had not only been in- counting Office, briefed Hazel O’Leary We cannot afford caricatures.’’ volved in that spying, at least that is and strongly recommended that the Well, the President knew that they what we believe now, and he has al- Department of Energy improve con- had been stealing nuclear secrets from ready taken some lie detector tests and trols over foreign visitors to DOE our laboratories, our nuclear labora- is still under investigation, we also weapons laboratories and urged tories, neutron bomb technology, W88 April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2125 technology, MRVing technology for China and the threat are using carica- lative program and any special orders warheads and it had been given to tures? heretofore entered, was granted to: them by a person who worked for the Mr. Speaker, over the last 2 years my (The following Members (at the re- laboratory. The President had to know committee has been conducting an in- quest of Mr. BAIRD) to revise and ex- this as far back as early 1997, and yet vestigation into illegal fund-raising in- tend their remarks and include extra- they kept the man on there for over 2 cluding illegal efforts by the Chinese to neous material:) more years and the President said we influence our elections. We have had Ms. NORTON, for 5 minutes, today. do not need to worry about that? 121 people. Nothing like this in the his- Ms. WOOLSEY, for 5 minutes, today. Why is China taking this additional tory of the country: 121 people have ei- Mr. BAIRD, for 5 minutes, today. nuclear technology if they do not real- ther taken the Fifth Amendment or Mr. CUMMINGS, for 5 minutes, today. ly need it, if they do not have any in- fled the country. A number of the most Mr. HOLT, for 5 minutes, today. tentions of using it? Just a couple of important people on this list are now (The following Members (at the re- years ago, they fired some missiles into in Communist China. When my staff quest of Mr. NETHERCUTT) to revise and the Sea of China next to Taiwan. One attempted to travel to China to inter- extend their remarks and include ex- of the leading military people in China view some of these people, the Chinese traneous material:) said that he did not think the United government denied us visas and said Mr. DELAY, for 5 minutes, today. States would worry too much about they would arrest anybody we sent Mr. NETHERCUTT, for 5 minutes, that because if we got involved, we over there to investigate this. today. would be much more concerned about Mr. Speaker, we asked the Bank of Mr. DUNCAN, for 5 minutes, today. Los Angeles than we would about Tai- China to provide us with bank records Mr. METCALF, for 5 minutes, today. wan. that would show the origins of millions Mr. ROHRABACHER, for 5 minutes, b 1830 of dollars in foreign money that was today. The implication was that there funneled into the President’s reelec- (The following Member (at her own might be a threat that they would do tion committee and the Democrat Na- request) to revise and extend her re- something like launching a missile at tional Committee. The Bank of China marks and include extraneous mate- Los Angeles if we stuck our nose into has turned us down flat. The Clinton rial:) the Taiwanese issue. administration has refused to do any- Ms. JACKSON-LEE of Texas, for 5 min- Mr. Speaker, on March 29, 1999, one thing to help us get this important in- utes, today. week before President Clinton’s press formation. (The following Member (at his own conference with Chinese Prime Min- Mr. Speaker, when so many people request) to revise and extend his re- ister Zhu, Newsweek reported that take the Fifth Amendment or flee the marks and include extraneous mate- when the CIA recently showed data ob- country, it is obvious that a lot of laws rial:) have been broken. tained from its sources on China to a Mr. CUNNINGHAM, for 5 minutes, Mr. Speaker, the Clinton administra- team of nuclear weapons experts, they today. tion failure to investigate China’s fun- practically fainted. These are our nu- (The following Member (at his own neling of illegal contributions into the clear weapons experts, and when the request) to revise and extend his re- Clinton-Gore reelection campaign and CIA recently showed that data that marks and include extraneous mate- China’s theft of America’s most ad- was obtained from its sources about rial:) vanced nuclear secrets are absolute China’s stealing of that technology, Mr. ROHRABACHER, for 5 minutes, tragedies. Either intentionally or our nuclear weapons guys almost faint- today ed. through its own incompetence, the Clinton administration has caused ir- The data, much of it written in Chi- f nese and never read, had been stored in reparable damage to America’s na- CIA computers and forgotten until tional security. It has compromised the now. It showed that Chinese scientists security of every man, woman and BILL PRESENTED TO THE were routinely using phrases, descrip- child in this country. PRESIDENT tions and concepts that came straight Mr. Speaker, this has to be inves- Mr. THOMAS, from the Committee out of U.S. weapons laboratories like tigated. The American public has a on House Administration, reported Los Alamos. ‘‘The Chinese penetration right to know what is going on regard- that that committee did on this day is total,’’ said one official close to the ing these illegal campaign contribu- present to the President, for his ap- investigation. ‘‘They are deep, deep tions, and the thefts of our nuclear proval, a bill of the House of the fol- into the lab’s black programs,’’ and technology, and whether or not there is lowing title: black programs are our most sensitive any connection between the two. We H.R. 440. To make technical corrections to nuclear technology security issues, and can no longer accept the compromise the Microloan Program. they are deep, deep into them accord- of this nation’s national security, and ing to our experts. we intend to pursue it as hard as we f Newsweek even reported that China possibly can. But we need the help of may have even recently acquired two the Justice Department, which has ADJOURNMENT U.S. cruise missiles that failed to deto- been stonewalling us, and we need the nate during last fall’s U.S. attack on administration to give us some assist- Mr. BURTON of Indiana. Mr. Speak- terrorist Osama bin Laden and may be ance as well. er, I move that the House do now ad- attempting to copy their sophisticated f journ. guidance and avoidance avionics tech- The motion was agreed to; accord- nology. SPECIAL ORDERS GRANTED ingly (at 6 o’clock and 35 minutes Mr. Speaker, how can the President By unanimous consent, permission to p.m.), the House adjourned until Mon- say that anyone who is critical of address the House, following the legis- day, April 19, 1999, at 2 p.m. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the first quarter of 1999 by Committees of the House of Representatives, as well as a consolidated report of foreign currencies and U.S. dol- lars utilized for speaker-authorized official travel during first quarter of 1999, pursuant to Public Law 95–384, and for mis- cellaneous groups in connection with official foreign travel during the calendar year 1998 are as follows: H2126 CONGRESSIONAL RECORD — HOUSE April 15, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO GREAT BRITAIN, FRANCE, AND BELGIUM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 13 AND FEB. 20, 1999

Date Per Diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency 2 rency 2 rency 2 rency 2

Benjamin Cline ...... 2/14 2/17 Great Britain ...... 365.00 ...... (3) ...... 668.05 1,095.00 2/17 2/18 France ...... 332.00 ...... (3) ...... 1,192 332.00 2/18 2/20 Belgium ...... 291.00 ...... (3) ...... 20,882 582.00 Total ...... 2,409.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BENJAMIN CLINE, Mar. 19, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO MOSCOW AND ST. PETERSBURG, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 12 AND MAR. 16, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Curt Weldon ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Roger Wicker ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Robert Cramer ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. John Hostettler ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Jim Turner ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Ron Lewis ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Roscoe Bartlett ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Hon. Brian Gunderson ...... 3/13 3/16 Russia ...... 1,150.00 ...... (3) ...... 1,150.00 Total ...... 9,200.00 ...... 9,200.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. CURT WELDON, Apr. 8. 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO ALBANIA, MACEDONIA, AND KOSOVO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 13 AND FEB. 18, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Charles E. White ...... 2/13 United States ...... 3 455.00 ...... 2,237.96 ...... 2,692.96 2/14 2/15 Albania ...... 2/15 2/16 Macedonia ...... 2/16 2/17 Kosovo (Serbia) ...... 2/17 2/18 Macedonia ...... 2/18 ...... United States ...... Hon. Frank R. Wolf ...... 2/13 United States ...... 4 470.00 ...... 2,237.96 ...... 2,707.96 2/14 2/15 Albania ...... 2/15 2/16 Macedonia ...... 2/16 2/17 Kosovo (Serbia) ...... 2/17 2/18 Macedonia ...... 2/18 ...... United States ...... Total ...... 925.00 ...... 4,475.92 ...... 5,400.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Figure results from subtracting $245.00 unused per diem returned to State Department from original per diem figure of $700.00. 4 Figure results from subtracting $230.00 unused per diem returned to State Department from original per diem figure of $700.00. FRANK R. WOLF, Mar. 16, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION OF THE NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 13 AND FEB. 21, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 2/13 2/15 Belgium ...... 873.00 ...... ( 3 ) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Tom Bliley ...... 2/13 2/15 Belgium ...... 873.00 ...... ( 3 ) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Herb Bateman ...... 2/13 2/15 Belgium ...... 873.00 ...... ( 3 ) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Ralph Regula ...... 2/13 2/15 Belgium ...... 873.00 ...... 2/15 2/16 France ...... 332.00 ...... Commercial airfare ...... 2,713.64 ...... 3,918.64 Hon. Marge Roukema ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2127 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION OF THE NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 13 AND FEB. 21, 1999—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Michael Bilirakis ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Paul Gillmor ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Roy Blunt ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... Commercial airfare ...... 2,608.64 ...... 4,145.64 Hon. Joel Hefley ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Scott McInnis ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Ron Packard ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. John Tanner ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Hon. Porter Goss ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 332.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,107.00 Susan Olson ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Jo Weber ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Robin Evans ...... 2/13 2/15 Beligum ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Linda Pedigo ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 Ron Lasch ...... 2/13 2/15 Belgium ...... 873.00 ...... (3) ...... 2/15 2/17 France ...... 664.00 ...... 2/17 2/18 Cyprus ...... 200.00 ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 2,439.00 John Walker Roberts ...... 2/16 2/18 Cyprus ...... 200.00 ...... (3) ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 902.00 John Herzberg ...... 2/16 2/18 Cyprus ...... 200.00 ...... (3) ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 902.00 Jason Gross ...... 2/16 2/18 Cyprus ...... 200.00 ...... (3) ...... 2/18 2/18 Greece ...... 124.00 ...... 2/18 2/21 Turkey ...... 578.00 ...... 902.00 Total ...... 44,140.00 ...... 5,322.28 ...... 49,462.28 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. DOUG BEREUTER, Mar. 23, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE BRITISH-AMERICAN PARLIAMENTARIAN GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Parker Brent ...... 11/12 11/17 England ...... 2,307.00 ...... 2,307.00 Delegation expenses: Return of accrued interest from 1994–1997 ...... 8,563.25 ...... 8,563.25 Representational ...... 603.30 ...... 603.30 Miscellaneous ...... 10.88 ...... 10.88 Total ...... 2,307.00 ...... 9,177.43 ...... 11,484.43 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUG BEREUTER, Mar. 5, 1999. H2128 CONGRESSIONAL RECORD — HOUSE April 15, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE CANADA-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1998.

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Amo Houghton ...... 5/14 5/18 USA ...... (3) ...... Hon. Phil Crane ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. William Delahunt ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. Benjamin A. Gilman ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Lee Hamilton ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. John LaFalce ...... 5/14 5/18 USA ...... 900.43 ...... 1,230.43 Commercial airfare ...... 330.00 ...... Hon. Bill Lipinski ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Collin Peterson ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. E. Clay Shaw, Jr...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. Cliff Stearns ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Hon. Fred Upton ...... 5/14 5/18 USA ...... 900.43 ...... (3) ...... 900.43 Carl Ek ...... 5/14 5/18 USA ...... 900.44 ...... (3) ...... 900.44 Allison Kiernan ...... 5/14 5/18 USA ...... 900.44 ...... (3) ...... 900.44 Ken Nelson ...... 5/14 5/18 USA ...... 900.44 ...... (3) ...... 900.44 Frank Record ...... 5/14 5/18 USA ...... 900.44 ...... (3) ...... 900.44 Bob Van Wicklin ...... 5/14 5/18 USA ...... 900.44 ...... (3) ...... 900.44 Delegation Expenses: Miscellaneous ...... 8,202.48 ...... 8,202.48 Representational ...... 38,319.30 ...... 38,319.30 Interest Returned to Treasury ...... 1,738.73 ...... Total ...... 13,506.50 ...... 330.00 ...... 46,521.78 ...... 60,358.28 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. AMO HOUGHTON, Mar. 15, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE U.S. CONGRESS-EUROPEAN COMMUNITY INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Curtis Banks ...... 6/25 6/28 United States ...... 492.70 ...... 492.70 Nancy Bloomer ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Hon. Kevin Brady ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Matt Eggers ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Chaplain James Ford ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Hon. Benjamin Gilman ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 John Holiday ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Hon. Steven Horn ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Hon. Sheila Jackson-Lee ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Shelly Livingston ...... 3/1 3/3 United States ...... 519.54 ...... 457.00 ...... 976.54 David Malech ...... 6/24 6/28 United States ...... 585.84 ...... 585.84 Drake McGraw ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Laura Rush ...... 6/25 6/28 United States ...... 624.87 ...... 230.00 ...... 854.87 Hon. Tom Sawyer ...... 6/25 6/28 United States ...... 417.00 ...... 207.00 ...... 624.00 Linda Solomon ...... 3/1 3/3 United States ...... 367.46 ...... 457.00 ...... 824.46 6/24 6/28 United States ...... 657.44 ...... 230.00 ...... 887.44 Hillel Weinberg ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Kathy Wilkes ...... 6/25 6/28 United States ...... 417.00 ...... 417.00 Delegation expenses: Representational ...... 54,295.24 ...... 54,295.24 Translation ...... 7,326.84 ...... 7,326.84 Miscellaneous ...... 190.90 ...... 190.90 Interest paid back to the U.S. Treasury ...... 8,503.91 ...... 8,503.91 Total ...... 8,251.85 ...... 1,581.00 ...... 70,316.89 ...... 80,149.74 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BEN GILMAN, Mar. 8, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE MEXICO-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jim Kolbe ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Benjamin A. Gilman ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Cass Ballenger ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Joe Barton ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Brian Bilbray ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. William Delahunt ...... 6/19 6/21 Mexico ...... 287.87 ...... (3) ...... 287.87 Hon. David Dreier ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Bob Filner ...... 6/19 6/21 Mexico ...... 282.58 ...... (3) ...... 282.58 Hon. Lee H. Hamilton ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Donald A. Manzullo ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Hon. Silvestre Reyes ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 590.04 Commercial airfare ...... 318.04 ...... Hon. Mark Sanford ...... 6/19 6/21 Mexico ...... 272.00 ...... (3) ...... 272.00 Everett Eissenstat ...... 6/19 6/21 Mexico ...... 175.18 ...... (3) ...... 175.18 Charmaine Houserman ...... 6/19 6/21 Mexico ...... 175.18 ...... (3) ...... 175.18 Shelly Livingston ...... 6/1 6/3 Mexico ...... 328.38 ...... (3) ...... 974.64 Commercial airfare ...... 646.26 ...... John Mackey ...... 6/19 6/21 Mexico ...... 175.18 ...... (3) ...... 175.18 Caleb McCarry ...... 6/19 6/21 Mexico ...... 175.18 ...... (3) ...... 175.18 Denis McDonough ...... 6/19 6/21 Mexico ...... 175.18 ...... (3) ...... 175.18 Delegation expenses: Representational functions ...... 2,344.60 ...... Translation/Interpreting ...... 760.18 ...... Miscellaneous ...... 292.32 ...... April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2129 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE MEXICO-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Return of accrued interest to Treasury ...... 9,201.48 ...... 12,598.58 Total ...... 4,669.91 ...... 964.30 ...... 12,598.58 ...... 18,232.79 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JIM KOLBE, Mar. 8, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE NORTH ATLANTIC ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1, AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 3/27 3/30 Portugal ...... 621.99 ...... (3) ...... 621.99 Hon. Gerald Solomon ...... 3/27 3/30 Portugal ...... 621.99 ...... (3) ...... 621.99 Hon. Tom Bliley ...... 3/27 3/30 Portugal ...... 621.99 ...... (3) ...... 621.99 ...... 11/15 United Kingdom ...... 2,350.28 ...... 2,350.28 Susan Olson ...... 3/27 3/30 Portugal ...... 621.99 ...... 621.99 5/22 ...... Spain ...... 908.96 ...... 908.96 11/8 ...... United Kingdom ...... 2,540.64 ...... 2,540.64 Josephine Weber ...... 5/22 ...... Spain ...... 520.96 ...... 520.96 11/9 ...... United Kingdom ...... 2,756.64 ...... 2,756.64 11/12 ...... United Kingdom ...... 4 40.68 ...... 40.68 Carol Doherty ...... 5/22 ...... Spain ...... 520.96 ...... 520.96 Ronald Lasch ...... 5/22 ...... Spain ...... 908.96 ...... 908.96 Hon. Owen Pickett ...... 11/15 United Kingdom ...... 2,350.28 ...... 2,350.28 Hon. John Tanner ...... 11/15 United Kingdom ...... 2,350.28 ...... 2,350.28 Hon. Robert Wise ...... 11/15 United Kingdom ...... 2,350.28 ...... 2,350.28 Robert King ...... 11/14 United Kingdom ...... 2,948.28 ...... 2,948.28 ...... 11/14 United Kingdom ...... 4 24.00 ...... 24.00 Linda Pedigo ...... 11/14 United Kingdom ...... 2,948.28 ...... 2,948.28 ...... 11/14 ...... 4 53.00 ...... 53.00 Michael Ennis ...... 11/14 United Kingdom ...... 2,948.28 ...... 2,948.28 Delegation expenses: Representational ...... 25,330.65 ...... 25,330.65 Miscellaneous ...... 3,661.98 ...... 3,661.98 Accrued Interest Returned to Treasury ...... 12,846.16 ...... 12,846.16 Total ...... 2,497.96 ...... 26,529.76 ...... 41,838.79 ...... 70,847.31 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Taxi fare. DOUG BEREUTER, Mar. 11, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION OF THE SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

John Finerty ...... 2/7 United States ...... 4,285.73 ...... 4,285.73 2/8 2/17 Russia ...... 1,345.00 ...... 1,345.00 Janice Helwig ...... 1/11 United States ...... 3,718.45 ...... 3,718.45 1/12 3/31 Austria ...... 10,329.91 ...... 10,329.91 Hon. Steny Hoyer ...... 1/13 United States ...... 5,102.39 ...... 5,102.39 1/14 1/16 Austria ...... 380.00 ...... 380.00 Marlene Kaufmann ...... 1/13 United States ...... 5,102.39 ...... 5,102.39 1/14 1/16 Austria ...... 380.00 ...... 380.00 Michael Ochs ...... 1/4 United States ...... 6,408.95 ...... 6,408.95 1/5 1/6 Turkey ...... 211.00 ...... 211.00 1/6 1/9 Kyrgyzstan ...... 680.60 ...... 680.60 1/10 1/16 Kazakstan ...... 1,566.00 ...... 1,566.00 ...... 14,892.51 ...... 24,617.91 ...... 39,510.42 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h CHRIS SMITH, Mar. 30, 1999.

EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on Ag- 1536. A letter from the Chair, Defense Envi- ETC. riculture. ronmental Response Task Force, Under Sec- 1534. A letter from the Secretary of De- retary of Defense, transmitting a report on fense, transmitting the report to Congress Under clause 8 of rule XII, executive the actions of the Defense Environmental for Department of Defense purchases from communications were taken from the Response Task Force for Fiscal Year 1998; to Speaker’s table and referred as follows: foreign entities in fiscal year 1998, pursuant to Public Law 104–201, section 827 (110 Stat. the Committee on Armed Services. 1533. A letter from the Director, Office of 2611); to the Committee on Armed Services. 1537. A letter from the Under Secretary of Regulatory Management and Information, 1535. A letter from the General Counsel, Defense, transmitting a report on the status Environmental Protection Agency, transmit- Department of Defense, transmitting an in- of efforts to prepare a plan for the inventory ting the Agency’s final rule—Clopyralid; Ex- terim report of the Department’s study of tension of Tolerance for Emergency Exemp- the methods of selection of members of the management of in-transit items as required tions [OPP–300837; FRL–6074–5] (RIN: 2070– Armed Forces to serve on courts-martial; to by Section 349 of the Strom Thurmond Na- AB78) received April 6, 1999, pursuant to 5 the Committee on Armed Services. tional Defense Authorization Act for Fiscal H2130 CONGRESSIONAL RECORD — HOUSE April 15, 1999

Year 1999; to the Committee on Armed Serv- April 1, 1997, through June 30, 1998; to the HUNTER, Mr. HAYWORTH, Ms. PRYCE of ices. Committee on Commerce. Ohio, Mr. CUNNINGHAM, Mr. NORWOOD, 1538. A letter from the Under Secretary of 1550. A letter from the Assistant Secretary Mr. RYUN of Kansas, Mr. BARRETT of Defense, transmitting the Department of De- for Legislative Affairs, Department of State, Nebraska, Mr. PETERSON of Pennsyl- fense Nuclear, Biological, and Chemical transmitting the annual report required vania, and Mr. HILLEARY): (NBC) Defense Annual Report to Congress, under the Support for East European Democ- H.R. 1427. A bill to amend the Occupational March 1999; to the Committee on Armed racy Act of 1989, pursuant to 22 U.S.C. 5474; Safety and Health Act of 1970 to further im- Services. to the Committee on International Rela- prove the safety and health of working envi- 1539. A letter from the Director, Office of tions. ronments, and for other purposes; to the Thrift Supervision, transmitting notifica- 1551. A communication from the President Committee on Education and the Workforce. tion of the details of the Office’s 1999 com- of the United States, transmitting a report By Mr. LANTOS: pensation plan; to the Committee on Bank- on the Strategic Concept of NATO; to the H.R. 1428. A bill to amend title 18, United ing and Financial Services. Committee on International Relations. States Code, to strengthen the ban against 1540. A letter from the Chairperson, Na- 1552. A letter from the Chairman, Merit assault weapons by restricting the avail- tional Council on Disability, transmitting Systems Protection Board, transmitting the ability of such weapons and certain of their the Council’s Annual Report for Fiscal Year Twentieth Annual Report on the activities of component parts; to the Committee on the 1998, pursuant to 29 U.S.C. 781(a)(8); to the the Board during Fiscal Year 1998, pursuant Judiciary. Committee on Education and the Workforce. to 5 U.S.C. 1206; to the Committee on Gov- By Mr. JACKSON of Illinois (for him- 1541. A letter from the Director, Office of ernment Reform. self, Mr. FRANK of Massachusetts, Ms. Regulatory Management and Information, 1553. A letter from the Director, Office of PELOSI, Ms. LEE, Mr. LANTOS, Mr. Environmental Protection Agency, transmit- Personnel Management, transmitting the CUMMINGS, Mr. HINCHEY, Mr. CLAY, ting the Agency’s final rule—National Emis- Department’s final rule—Retirement, Ms. SCHAKOWSKY, Mrs. CLAYTON, Mr. sion Standards for Hazardous Air Pollutants Health, and Life Insurance Coverage For Cer- BARRETT of Wisconsin, Mr. BRADY of for Source Categories: Amendment for Haz- tain Employees Of The District Of Columbia Pennsylvania, Ms. JACKSON-LEE of ardous Air Pollutants Emmissions From Under The District Of Columbia Courts And Texas, Mr. RUSH, Mrs. CHRISTENSEN, Magnetic Tape Manufacturing Operations Justice Technical Corrections Act of 1998 Mr. HASTINGS of Florida, Ms. KIL- [FRL–6321–8] (RIN: 2060–AH71) received April (RIN: 3206–AI55) received April 7, 1999, pursu- PATRICK, Mr. THOMPSON of Mis- 6, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee sissippi, Mr. OWENS, Mr. FILNER, Mr. the Committee on Commerce. on Government Reform. HILLIARD, Mr. MEEKS of New York, 1542. A letter from the Director, Office of 1554. A letter from the Director, Office of Ms. NORTON, Mrs. MEEK of Florida, Regulatory Management and Information, Personnel Management, transmitting the Of- Mr. BISHOP, and Ms. EDDIE BERNICE Environmental Protection Agency, transmit- fice’s final rule—Prevailing Rate Systems; JOHNSON of Texas): ting the Agency’s final rule—Approval and Environmental Differential Pay for Working H.R. 1429. A bill to establish a program Promulgation of Implementation Plans; at High Altitudes (RIN: 3206–AI36) received under the Secretary of Housing and Urban State of Missouri [MO 067–1067a; FRL–6315–9] April 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Development to eliminate redlining in the received March 26, 1999, pursuant to 5 U.S.C. to the Committee on Government Reform. insurance business; to the Committee on 801(a)(1)(A); to the Committee on Commerce. 1555. A letter from the Chairman, Federal Banking and Financial Services. 1543. A letter from the Director, Office of Election Commission, transmitting three ur- By Mr. GILMAN (for himself, Mr. Regulatory Management and Information, gent recommendations for legislative action, BOEHLERT, Mr. HOUGHTON, and Mr. Environmental Protection Agency, transmit- pursuant to 2 U.S.C. 437d(d)(2); to the Com- SHOWS): ting the Agency’s final rule—National Emis- mittee on House Administration. H.R. 1430. A bill to amend the Internal Rev- sion Standards for Hazardous Air Pollutants 1556. A letter from the Assistant Secretary enue Code of 1986 to expand alternatives for for Source Category: Pulp and Paper Produc- for Fish and Wildlife and Parks, Department families with children, to establish incen- tion [AD–FRL–6322–8] received April 6, 1999, of the Interior, transmitting the 1998 Section tives to improve the quality and supply of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8 Report on National Natural Landmarks child care, to increase the availablility and mittee on Commerce. that have been damaged or are likely to be affordability of professional development for 1544. A letter from the Director, Office of damaged; to the Committee on Resources. child care providers, to expand youth devel- Regulatory Management and Information, 1557. A letter from the Director, Fish and opment opportunities, to ensure the safety of Environmental Protection Agency, transmit- Wildlife Service, Department of the Interior, children placed in child care centers in Fed- ting the Agency’s final rule—Implementa- transmitting the Department’s final rule— eral facilities, to ensure adequate child care tion Plan and Redesignation Request for the Endangered and Threatened Wildlife and subsidies for low-income working families, Muscogee County, Georgia Lead Nonattain- Plants: Final Rule to List the Flatwoods and for other purposes; to the Committee on ment Area [GA–42–1–9908a; FRL–6321–1] re- Salamander as a Threatened Species (RIN: Ways and Means, and in addition to the Com- ceived April 6, 1999, pursuant to 5 U.S.C. 1018–AE38) received March 26, 1999, pursuant mittees on Government Reform, Banking 801(a)(1)(A); to the Committee on Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on and Financial Services, House Administra- 1545. A letter from the Director, Office of Resources. tion, Education and the Workforce, and the Regulatory Management and Information, 1558. A letter from the Interim Staff Direc- Judiciary, for a period to be subsequently de- Environmental Protection Agency, transmit- tor, United States Sentencing Commission, termined by the Speaker, in each case for ting the Agency’s final rule—Approval and transmitting an annual report of the com- consideration of such provisions as fall with- Promulgation of Implementation Plans: mission’s findings, pursuant to 18 U.S.C. 3552 in the jurisdiction of the committee con- Washington [WA 68–7143–a; FRL–6322–5] re- nt.; to the Committee on the Judiciary. cerned. ceived April 6, 1999, pursuant to 5 U.S.C. 1559. A letter from the Regulations Officer, By Mr. SAXTON: 801(a)(1)(A); to the Committee on Commerce. Department of Transportation, transmitting H.R. 1431. A bill to reauthorize and amend 1546. A letter from the Administrator, En- the Department’s ‘‘Major’’ final rule—Parts the Coastal Barrier Resources Act; to the vironmental Protection Agency, transmit- and Accessories Necessary for Safe Oper- Committee on Resources. ting the Residual Risk Report to Congress; ation; Lighting Devices, Reflectors, And By Mrs. KELLY (for herself, Mr. RO- to the Committee on Commerce. Electrical Equipment [FHWA Docket No. MERO-BARCELO, Mr. COOKSEY, Mr. 1547. A letter from the Director, Office of MC–94–1; FHWA–1997–2222] (RIN: 2125–AD27) SANDERS, Mr. SHOWS, Mr. GARY MIL- Regulatory Management and Information, received March 6, 1999, pursuant to 5 U.S.C. LER of California, Mr. BROWN of Cali- Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Transpor- fornia, Mr. BARR of Georgia, Mr. ting the Agency’s final rule—Approval and tation and Infrastructure. JONES of North Carolina, and Mr. Promulgation of Implementation Plans; 1560. A letter from the Under Secretary of METCALF): State of Iowa [IA 068–1068a; FRL–6322–1] re- Defense, transmitting a report on the ac- H.R. 1432. A bill to amend title 38, United ceived April 6, 1999, pursuant to 5 U.S.C. tions taken to develop an integrated pro- States Code, to require the Secretary of Vet- 801(a)(1)(A); to the Committee on Commerce. gram to prevent and respond to terrorist in- erans Affairs to provide long-term nursing 1548. A letter from the Director, Office of cidents involving weapons of mass destruc- care at public expense to any veteran with a Regulatory Management and Information, tion; to the Committee on Transportation service-connected disability of 50 percent or Environmental Protection Agency, transmit- and Infrastructure. greater; to the Committee on Veterans’ Af- ting the Agency’s final rule—Acid Rain Pro- f fairs. gram, Continuous Emission Monitoring Rule By Mr. BAIRD: Revisions [FRL–6320–8] (RIN: 2060–AG46) PUBLIC BILLS AND RESOLUTIONS H.R. 1433. A bill to amend the Internal Rev- Recevied April 6, 1999, pursuant to 5 U.S.C. Under clause 2 of rule XII, public enue Code of 1986 to allow a deduction for 801(a)(1)(A); to the Committee on Commerce. bills and resolutions of the following State and local sales taxes in lieu of State 1549. A letter from the Secretary of En- and local income taxes; to the Committee on ergy, transmitting the Combined Thirty- titles were introduced and severally re- Ways and Means. Ninth through Forty-Third Quarterly Re- ferred, as follows: By Mr. BALLENGER (for himself, Mr. ports to Congress on the status of Exxon and By Mr. TALENT (for himself, Mr. HALL of Texas, Mr. STENHOLM, and Stripped Well Oil Overcharge Funds covering STENHOLM, Mr. PAUL, Mr. GOODE, Mr. Mr. BOEHNER): April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2131 H.R. 1434. A bill to amend the Occupational H.R. 1443. A bill to provide for the collec- stitution of the United States, to provide for Safety and Health Act of 1970; to the Com- tion of data on traffic stops; to the Com- noninterest bearing loans of the money so mittee on Education and the Workforce. mittee on the Judiciary. created to State and local governments sole- By Mr. METCALF (for himself, Mr. By Mr. DEFAZIO (for himself and Mr. ly for the purpose of funding capital projects; LEACH, and Mr. KANJORSKI): WALDEN of Oregon): to the Committee on Banking and Financial H.R. 1435. A bill to allow depository insti- H.R. 1444. A bill to authorize the Secretary Services, and in addition to the Committee tutions to offer negotiable order of with- of the Army to develop and implement on the Budget, for a period to be subse- drawal accounts to all businesses, to repeal projects for fish screens, fish passage de- quently determined by the Speaker, in each the prohibition on the payment of interest vices, and other similar measures to miti- case for consideration of such provisions as on demand deposits, to require the Board of gate adverse impacts associated with irriga- fall within the jurisdiction of the committee Governors of the Federal Reserve System to tion system water diversions by local gov- concerned. pay interest on certain reserves, and for ernmental entities in the States of Oregon, By Mr. LAMPSON: other purposes; to the Committee on Bank- Washington, Montana, and Idaho; to the H.R. 1453. A bill to amend the Internal Rev- ing and Financial Services. Committee on Transportation and Infra- enue Code of 1986 to restore the deduction for By Mr. BALLENGER (for himself, Mr. structure, and in addition to the Committee 2-earner married couples; to the Committee HALL of Texas, and Mr. STENHOLM): on Resources, for a period to be subsequently on Ways and Means. H.R. 1436. A bill to amend the Occupational determined by the Speaker, in each case for By Mr. LEWIS of Georgia (for himself, Safety and Health Act of 1970; to the Com- consideration of such provisions as fall with- Mr. LEACH, Mr. OBERSTAR, Mr. HORN, mittee on Education and the Workforce. in the jurisdiction of the committee con- Ms. WOOLSEY, Mr. MINGE, Ms. LEE, H.R. 1437. A bill to amend the Occupational cerned. Ms. RIVERS, Mr. DELAHUNT, Mr. Safety and Health Act of 1970; to the Com- By Mr. DELAHUNT (for himself and GEORGE MILLER of California, Ms. mittee on Education and the Workforce. Mr. WATKINS): NORTON, Mr. DEFAZIO, Mr. HINCHEY, H.R. 1438. A bill to amend the Occupational H.R. 1445. A bill to promote research into, Mr. PAYNE, Ms. PELOSI, Mr. CONYERS, Safety and Health Act of 1970; to the Com- and the development of an ultimate cure for, Mr. MARKEY, Mr. ENGEL, Mr. TOWNS, mittee on Education and the Workforce. the disease known as fragile X; to the Com- Ms. BROWN of Florida, Mr. MCGOV- H.R. 1439. A bill to amend the Occupational mittee on Commerce. ERN, Mr. OWENS, Mr. BROWN of Cali- Safety and Health Act of 1970; to the Com- By Mr. DUNCAN: fornia, Mr. FRANK of Massachusetts, mittee on Education and the Workforce. H.R. 1446. A bill to amend the Internal Rev- and Mr. MORAN of Kansas): By Mr. GREENWOOD (for himself, Mr. enue Code of 1986 to allow a tax-free distribu- H.R. 1454. A bill to affirm the religious OSE, Mr. ENGLISH, and Mr. HORN): tion from a qualified retirement plan to the freedom of taxpayers who are conscien- H.R. 1440. A bill to amend the Internal Rev- extent that the distribution is contributed enue Code of 1986 to reduce the 15 and 28 per- tiously opposed to participation in war, to for charitable purposes; to the Committee on provide that the income, estate, or gift tax cent individual income tax rates to 10 and 23 Ways and Means. percent over a 10 year period; to the Com- payments of such taxpayers be used for non- By Mr. FORD (for himself, Mr. RANGEL, military purposes, to create the Religious mittee on Ways and Means. Mr. CUMMINGS, Mrs. THURMAN, Mr. By Mr. BOEHNER (for himself, Mr. Freedom Peace Tax Fund to receive such tax MEEKS of New York, Mr. UNDERWOOD, payments, to improve revenue collection, GOODLING, Mrs. ROUKEMA, Mr. Mr. THOMPSON of Mississippi, and Ms. BALLENGER, Mr. BARRETT of Ne- and for other purposes; to the Committee on MILLENDER-MCDONALD): Ways and Means. braska, Mr. HOEKSTRA, Mr. MCKEON, H.R. 1447. A bill to provide for the coordi- By Mr. MCDERMOTT (for himself, Mr. Mr. CASTLE, Mr. SAM JOHNSON of nated end-to-end testing and disclosure of STARK, and Mr. BERRY): Texas, Mr. TALENT, Mr. GREENWOOD, the readiness of certain Federal and non- H.R. 1455. A bill to amend title XI of the Mr. GRAHAM, Mr. SOUDER, Mr. NOR- Federal computer systems for the year 2000 Social Security Act and the Internal Rev- WOOD, Mr. PAUL, Mr. SCHAFFER, Mr. computer problem; to the Committee on enue Code of 1986 to establish a mechanism UPTON, Mr. DEAL of Georgia, Mr. Science. to promote the provision of Medicare cost- HILLEARY, Mr. SALMON, Mr. By Mr. FRELINGHUYSEN: sharing assistance to eligible low-income TANCREDO, Mr. FLETCHER, Mr. H.R. 1448. A bill to require the Adminis- Medicare beneficiaries; to the Committee on DEMINT, Mr. ISAKSON, Mr. DELAY, trator of the Federal Aviation Administra- Ways and Means, and in addition to the Com- Ms. PRYCE of Ohio, Mr. CUNNINGHAM, tion to redesign expeditiously the airspace mittee on Commerce, for a period to be sub- Mr. KASICH, Mrs. MYRICK, Mr. over the New Jersey/New York metropolitan sequently determined by the Speaker, in LARGENT, Mrs. NORTHUP, Mr. BARTON area, and for other purposes; to the Com- each case for consideration of such provi- of Texas, Mr. NETHERCUTT, Mr. mittee on Transportation and Infrastruc- sions as fall within the jurisdiction of the WELDON of Florida, Mr. HAYWORTH, ture. committee concerned. Mr. SHADEGG, Mr. SUNUNU, Mr. CAL- By Mr. GORDON: VERT, Mr. DICKEY, Mr. HEFLEY, Mr. H.R. 1449. A bill to amend title 18, United By Mr. GEORGE MILLER of Cali- SESSIONS, Mr. WATKINS, Mr. WICKER, States Code, to prohibit sports agents from fornia: Mr. GOODLATTE, Mr. DOOLITTLE, Mr. influencing college athletes; to the Com- H.R. 1456. A bill to improve the National RAMSTAD, Mr. GOSS, Mr. HUTCHINSON, mittee on the Judiciary. Writing Project; to the Committee on Edu- Mr. BARTLETT of Maryland, Mr. By Mr. KLECZKA (for himself, Mr. cation and the Workforce. BRADY of Texas, Mr. GARY MILLER of OBEY, Mr. BARCIA, Mr. SMITH of New By Mr. MINGE (for himself and Mr. California, Mr. SKEEN, Mr. STEARNS, Jersey, and Mr. MURTHA): GILCHREST): Mr. PETERSON of Pennsylvania, Mrs. H.R. 1450. A bill to protect the privacy of H.R. 1457. A bill to amend the Internal Rev- BIGGERT, Mr. BURTON of Indiana, Mr. the individual with respect to the Social Se- enue Code of 1986 to extend the credit for LATHAM, Mr. PITTS, Mr. PICKERING, curity number and other personal informa- producing electricity from certain renewable Mr. KNOLLENBERG, Mr. PORTER, and tion, and for other purposes; to the Com- resources; to the Committee on Ways and Ms. GRANGER): mittee on Ways and Means, and in addition Means. H.R. 1441. A bill to amend section 8(a) of to the Committees on Banking and Financial By Mr. NETHERCUTT (for himself and the National Labor Relations Act; to the Services, and the Judiciary, for a period to Mr. WAMP): Committee on Education and the Workforce. be subsequently determined by the Speaker, H.R. 1458. A bill to amend the Internal Rev- By Mr. CALVERT: in each case for consideration of such provi- enue Code of 1986 to allow a deduction for the H.R. 1442. A bill to amend the Federal sions as fall within the jurisdiction of the old-age, survivors, and disability insurance Property and Administrative Services Act of committee concerned. taxes paid by employees and self-employed 1949 to continue and extend authority for By Mr. LAHOOD (for himself, Mr. individuals, and for other purposes; to the transfers to State and local governments of SHIMKUS, Mr. EVANS, Mr. Committee on Ways and Means. certain property for law enforcement, public BLAGOJEVICH, Mr. PHELPS, Ms. By Mr. PETRI (for himself and Mr. AN- safety, and emergency response purposes; to SCHAKOWSKY, Mr. PORTER, Mr. RUSH, DREWS): the Committee on Government Reform. Mr. MANZULLO, Mr. LIPINSKI, Mr. H.R. 1459. A bill to authorize the Secretary By Mr. CONYERS (for himself, Mr. COSTELLO, Mr. GUTIERREZ, Mr. HYDE, of Labor to establish voluntary protection MENENDEZ, Ms. WATERS, Mr. SCOTT, Mr. WELLER, Mr. EWING, Mr. CRANE, programs; to the Committee on Education Ms. JACKSON-LEE of Texas, Mr. NAD- Mrs. BIGGERT, Mr. JACKSON of Illi- and the Workforce. LER, Mr. BERMAN, Mr. WEINER, Mr. nois, and Mr. DAVIS of Illinois): By Mr. REYES: CUMMINGS, Mr. MEEKS of New York, H.R. 1451. A bill to establish the ABRAHAM H.R. 1460. A bill to amend the Ysleta del Mr. HILLIARD, Mr. FARR of California, LINCOLN Bicentennial Commission; to the Sur Pueblo and Alabama and Coushatta In- Mr. LEWIS of Georgia, Mr. DIXON, Mr. Committee on Government Reform. dian Tribes of Texas Resoration Act to de- HASTINGS of Florida, Mr. BRADY of By Mr. LAHOOD: crease the requisite blood quantum required Pennsylvania, Mr. HINCHEY, Mr. H.R. 1452. A bill to create United States for membership in the Ysleta del Sur Pueblo PAYNE, Mr. CLAY, Mr. BARRETT of money in the form of noninterest bearing tribe; to the Committee on Resources. Wisconsin, Mrs. CLAYTON, and Mrs. credit in accordance with the 1st and 5th By Mr. ROGAN (for himself and Mr. JONES of Ohio): clauses of section 8 of Article I of the Con- ROTHMAN): H2132 CONGRESSIONAL RECORD — HOUSE April 15, 1999

H.R. 1461. A bill to amend title 18, United By Mr. THUNE: WELLER, Mr. PAUL, Mr. SHERMAN, Mr. States Code, to exempt qualified law enforce- H.R. 1469. A bill to amend the Internal Rev- BLUMENAUER, Mr. ROTHman, Mr. ment officers from State laws prohibiting enue Code of 1986 to reestablish the mar- WALSH, Mr. BARRETT of Nebraska, the carrying of concealed firearms; to the keting aspects of farmers’ cooperatives in re- Mr. GORDON, Mr. PASTOR, Mrs. CAPPS, Committee on the Judiciary. lation to adding value to a farmer’s product Mr. BERMAN, Ms. KAPTUR, Mr. OSE, By Mr. ROHRABACHER (for himself, by feeding it to animals and selling the ani- Mr. HILL of Indiana, Mr. BONIOR, Mr. Mr. CAMPBELL, Ms. KAPTUR, Mr. mals and to grant a declaratory judgment FARR of California, Mr. LUCAS of Ken- KUCINICH, Mr. BILBRAY, Mrs. BONO, remedy relating to the status and classifica- tucky, Ms. BERKLEY, Mr. SNYDER, Mr. Mr. BOUCHER, Mr. CALVERT, Mr. tion of farmers’ cooperatives; to the Com- PRICE of North Carolina, Mr. CLY- CONDIT, Mr. COX, Mr. DOOLITTLE, Mr. mittee on Ways and Means. BURN, Mr. NEAL of Massachusetts, DREIER, Mr. DUNCAN, Mr. GALLEGLY, By Mr. VISCLOSKY: Mr. MCCOLLUM, Mr. SHAYS, and Mr. Mr. GILCHREST, Mr. GRAHAM, Mr. H.R. 1470. A bill to reduce corporate wel- DIAZ-BALART): HORN, Mr. HUNTER, Ms. LEE, Ms. fare and promote corporate responsibility; to H. Con. Res. 87. Concurrent resolution ex- MCKINNEY, Mr. METCALF, Mr. GARY the Committee on Ways and Means, and in pressing the sense of the Congress that the MILLER of California, Mr. PAUL, Mr. addition to the Committees on Resources, current Federal income tax deduction for in- PETERSON of Minnesota, Mr. POMBO, Agriculture, Science, Banking and Financial terest paid on debt secured by a first or sec- Mr. RADANOVICH, Mr. ROGAN, Mr. Services, the Budget, and Transportation ond home should not be further restricted; to ROYCE, Mr. SANDERS, Mr. SOUDER, and Infrastructure, for a period to be subse- the Committee on Ways and Means. quently determined by the Speaker, in each Mr. SHADEGG, Mr. TANCREDO, Mr. f WELDON of Florida, Mr. WICKER, and case for consideration of such provisions as Mr. WALSH): fall within the jurisdiction of the committee MEMORIALS concerned. H.R. 1462. A bill to amend the Internal Rev- Under clause 3 of rule XII, memorials enue Code of 1986 to provide incentives for By Ms. WATERS: the ownership and control of corporations by H.R. 1471. A bill to eliminate money laun- were presented and referred as follows: employees; to the Committee on Ways and dering in the private banking system, to re- 19. The SPEAKER presented a memorial of Means. quire the Secretary of the Treasury to warn the Legislature of the State of Nebraska, rel- By Mr. ROTHMAN (for himself and Mr. insured depository institutions of foreign ative to Resolution No. 29 petitioning the HOLT): countries in which there is a concentration Congress of the United States and the execu- H.R. 1463. A bill to require the Adminis- of money laundering activities, to amend the tive branch of the federal government to pro- trator of the Environmental Protection Bank Holding Company Act of 1956 to require hibit federal recoupment of state tobacco Agency to conduct a feasibility study for ap- the Board of Governors of the Federal Re- settlement recoveries; to the Committee on plying airport bubbles as a method of identi- serve System to include money laundering Commerce. fying, assessing, and reducing the adverse activities in the consideration of applica- 20. Also, a memorial of the Senate of the environmental impacts of airport ground and tions under section 3 of such Act, and for State of Pennsylvania, relative to Senate flight operations and improving the overall other purposes; to the Committee on Bank- Resolution No. 48 memorializing the Con- quality of the environment, and for other ing and Financial Services. gress of the United States to enact legisla- purposes; to the Committee on Commerce, By Mr. WELDON of Pennsylvania (for tion clarifying section 1903(a)(3) of the Social and in addition to the Committee on Trans- himself, Mr. WATKINS, Mr. Security Act to protect the states from Fed- portation and Infrastructure, for a period to CHAMBLISS, Mr. LANTOS, Mr. NEAL of eral seizure of any portion of the tobacco be subsequently determined by the Speaker, Massachusetts, Mr. LAFALCE, Mr. settlement funds by the Secretary of Health in each case for consideration of such provi- HINCHEY, Ms. BROWN of Florida, Mr. and Human Services as an overpayment sions as fall within the jurisdiction of the LEWIS of Georgia, Mr. NETHERCUTT, under the Federal Medicaid program; to the committee concerned. Mr. MCNULTY, Mr. CUMMINGS, Mr. Committee on Commerce. By Mr. RYUN of Kansas (for himself, FRANKS of New Jersey, Mr. KOLBE, 21. Also, a memorial of the General Assem- Mr. TIAHRT, Mrs. CUBIN, Mr. BURR of Mr. HOEKSTRA, Mrs. MINK of Hawaii, bly of the State of Nevada, relative to As- North Carolina, Mr. SCHAFFER, Mr. Mr. FROST, Mr. ORTIZ, Mr. COSTELLO, sembly Joint Resolution No. 5 urging the BLILEY, and Mr. BURTON of Indiana): Mr. REYES, Mr. BARRETT of Nebraska, Congress to enact legislation that provides H.R. 1464. A bill to amend the Internal Rev- Mr. KLECZKA, Mr. ISAKSON, Mr. RO- for the payment of lump sums to persons enue Code of 1986 to provide that farm in- MERO-BARCELO, Mrs. CAPPS, Mr. RAN- who became eligible for social security bene- come may be allocated among taxable years; GEL, Mrs. MORELLA, Mr. JEFFERSON, fits after 1981 and before 1992 and have re- to the Committee on Ways and Means. Mr. SHOWS, Ms. JACKSON-LEE of ceived lower benefits as result of the changes By Mr. SALMON: Texas, Mr. DIXON, Mr. BILIRAKIS, Mr. in the computation of benefits enacted by H.R. 1465. A bill to amend the Internal Rev- WEINER, Mr. RUSH, Mr. BALLENGER, enue Code of 1986 to allow a credit for resi- Public Law 95–216, as compensation for the Mr. PASTOR, Mr. FOLEY, Mr. STARK, dential solar energy property; to the Com- reduced benefits they have been paid; to the Mrs. KELLY, Ms. KILPATRICK, Mr. mittee on Ways and Means. Committee on Ways and Means. GONZALEZ, Mr. LAHOOD, Mr. HOEFFEL, By Mr. SANDLIN: f H.R. 1466. A bill to amend the Internal Rev- Mr. BERMAN, Mr. FRELINGHUYSEN, Mr. enue Code of 1986 to repeal estate, gift, and FORBES, Mr. SHERWOOD, Mr. CANADY PRIVATE BILLS AND generation-skipping transfer taxes; to the of Florida, and Mr. CRAMER): RESOLUTIONS H.R. 1472. A bill to allow postal patrons to Committee on Ways and Means. Under clause 3 of rule XII, private By Mr. TAUZIN (for himself, Mr. contribute to funding for diabetes research through the voluntary purchase of certain bills and resolutions of the following TRAFICANT, Mr. BRADY of Texas, Mr. specially issued United States postage titles were introduced and severally re- CALLAHAN, Mr. CAMPBELL, Mrs. stamps; to the Committee on Government ferred, as follows: CHENOWETH, Mr. DEMINT, Mr. HALL of Reform. Texas, Mr. HEFLEY, Mr. HUNTER, Mr. By Mr. REYES: By Mr. BLUMENAUER: LINDER, Mrs. MYRICK, Mr. NORWOOD, H.R. 1473. A bill for the relief of Vince H. Con. Res. 86. Concurrent resolution ex- Mr. PACKARD, Mr. PETERSON of Min- Munoz, Governor of the Tribal Council of the pressing the sense of Congress regarding Fed- nesota, Mr. SCARBOROUGH, Mr. Ysleta del Sur Pueblo and all other enrolled eral decisions, actions, and regulations af- STUMP, and Mr. TANCREDO): members of the Ysleta del Sur Pueblo; to the H.R. 1467. A bill to promote freedom, fair- fecting water; to the Committee on Trans- Committee on the Judiciary. ness, and economic opportunity for families portation and Infrastructure. H. Res. 141. A resolution for the relief of by repealing the income tax, abolishing the By Mrs. ROUKEMA (for herself, Mr. Vince Munoz, Governor of the Tribal Council Internal Revenue Service, and enacting a na- SHOWS, Mr. BACHUS, Mr. UPTON, Mr. of the Ysleta del Sur Pueblo and all other en- tional retail sales tax to be administered pri- NEY, Mr. CAMPBELL, Mr. WHITFIELD, rolled members of the Ysleta del Sur Pueblo; marily by the States; to the Committee on Mr. WOLF, Mrs. THURMAN, Ms. DAN- to the Committee on the Judiciary. Ways and Means, and in addition to the Com- NER, Mr. DOOLEY of California, Mr. f mittee on Rules, for a period to be subse- KUYKENDALL, Mr. LEACH, Mrs. KELLY, quently determined by the Speaker, in each Mrs. MINK of Hawaii, Mr. ADDITIONAL SPONSORS LATOURETTE, Mr. RILEY, Mr. HALL of case for consideration of such provisions as Under clause 7 of rule XII, sponsors fall within the jurisdiction of the committee Ohio, Mr. HOSTETTLER, Mr. MAR- concerned. TINEZ, Mr. MCHUGH, Mr. DIXON, Mrs. were added to public bills and resolu- By Mr. THUNE (for himself, Mr. POM- MORELLA, Mr. FILNER, Mr. BENTSEN, tions as follows: EROY, Mr. MINGE, and Mrs. EMERSON): Mr. BEREUTER, Mr. GARY MILLER of H.R. 2: Mr. GILLMOR and Mr. MCCOLLUM. H.R. 1468. A bill to amend the Agricultural California, Mr. LOBIONDO, Mr. TAN- H.R. 7: Mr. SAM JOHNSON of Texas, Mr. Market Transition Act to eliminate the limi- NER, Mr. ROHRABACHER, Mr. GILLMOR, DEAL of Georgia, Mr. MCKEON, Mr. POMBO, tation on loan rates for marketing assist- Mr. NADLER, Mrs. EMERSON, Mr. Mr. ADERHOLT, Mr. SALMON, Mr. RYAN of ance loans through the 2002 crop year; to the HERGER, Mr. BARRETT of Wisconsin, Wisconsin, Mr. WELDON of Florida, Mr. Committee on Agriculture. Mr. SMITH of Washington, Mr. CRANE, Mr. FOLEY, and Mr. HOSTETTLER. April 15, 1999 CONGRESSIONAL RECORD — HOUSE H2133

H.R. 21: Mrs. EMERSON, Mr. GEKAS, Mr. H.R. 838: Mrs. THURMAN, Mr. PRICE of H.R. 1092: Mr. WELDON of Florida. TALENT, Mr. CLYBURN, Mr. FILNER, Mr. North Carolina, and Mr. BOUCHER. H.R. 1096: Mr. CAPUANO. QUINN, Mr. MINGE, Mr. GARY MILLER of Cali- H.R. 844: Mr. GARY MILLER of California, H.R. 1098: Mr. MALONEY of Connecticut, Mr. fornia, and Mr. WISE. Mr. YOUNG of Alaska, Mr. JEFFERSON, Mr. SCHAFFER, Mr. SHOWS, Mr. ROHRABACHER, H.R. 41: Mr. SHOWS. MCDERMOTT, Mr. BONIOR, Mr. COOK, Ms. Mr. ENGLISH, Mr. CANADY of Florida, and Mr. H.R. 72: Mr. HOLDEN, Mr. CONDIT, and Mr. PRYCE of Ohio, Mr. SCHAFFER, Mr. MILLER of TIAHRT. NEY. Florida, Mrs. FOWLER, Mr. WEXLER, and Mrs. H.R. 1109: Mr. LAFALCE. H.R. 152: Ms. BROWN of Florida. JOHNSON of Connecticut. H.R. 1111: Mr. ANDREWS, Mr. LOBIONDO, and H.R. 165: Mr. BONIOR and Mr. CONYERS. H.R. 845: Mr. WEINER. Mr. COOKSEY. H.R. 175: Mr. BAIRD, Mr. ROTHMAN, Mr. H.R. 860: Mr. BISHOP. H.R. 1122: Mrs. JOHNSON of Connecticut, DOOLEY of California, Mrs. CHENOWETH, Mrs. H.R. 864: Mr. DUNCAN, Mr. GORDON, Mr. Mr. HOUGHTON, Mr. CUNNINGHAM, and Mr. BIGGERT, Mr. BRADY of Pennsylvania, Mr. CHAMBLISS, Mr. DINGELL, Mr. CALVERT, Mr. ENGLISH. LAHOOD, Mr. EVANS, Mr. BROWN of Ohio, Mr. FRANK of Massachusetts, Mr. SCHAFFER, Ms. H.R. 1139: Mr. ABERCROMBIE, Mr. ORTIZ, Mr. THUNE, Mr. WEINER, Mr. GILMAN, LEE, Mr. HORN, Mr. CUNNINGHAM, Mr. FALEOMAVAEGA, Mr. GONZALEZ, Mr. GORDON, Mr. MINGE, Mr. LAMPSON, Mr. KINGSTON, Mr. HOLDEN, Mr. CAPUANO, Mr. DELAHUNT, Ms. Mrs. LOWEY, Mr. MARKEY, Mrs. MCCARTHY of EHLERS, Mr. PRICE of North Carolina, and MCKINNEY, Ms. MILLENDER-MCDONALD, Mr. New York, Mrs. MEEK of Florida, Mrs. MINK Mr. ROGAN. BORSKI, Mr. BLAGOJEVICH, Mr. RANGEL, Mr. of Hawaii, Mr. NADLER, Mr. OLVER, Mr. H.R. 194: Mr. UPTON. GREENWOOD, Mr. CONDIT, Mr. LIPINSKI, Mrs. THOMPSON of Mississippi, and Mr. UNDER- H.R. 210: Mrs. WILSON and Mr. HILLIARD. KELLY, Mr. HOEKSTRA, Mr. BENTSEN, Mr. WOOD. H.R. 216: Mr. SHAYS. EVANS, Mr. WEINER, Mr. THUNE, Ms. PELOSI, H.R. 1145: Mr. SCARBOROUGH. H.R. 218: Mr. HULSHOF, Mrs. CAPPS, Mr. Mr. KANJORSKI, Mr. LAHOOD, Mr. COSTELLO, H.R. 1154: Mr. JEFFERSON and Mr. STEARNS. WHITFIELD, and Mr. LARGENT. Mrs. CHENOWETH, Mr. BRADY of Pennsyl- H.R. 1172: Mr. SHOWS, Mr. PICKERING, Mr. H.R. 242: Mr. SESSIONS, Ms. DEGETTE, Mr. vania, Mrs. BIGGERT, Mr. GILMAN, Mr. MINGE, GONZALEZ, Ms. PRYCE of Ohio, Mr. CARDIN, BEREUTER, Mr. BACHUS, Mr. PAUL, Mr. WAMP, Mr. GEJDENSON, Mr. ORTIZ, Mr. THOMPSON of Mr. FATTAH, Mr. WEINER, Mr. JENKINS, Ms. Mr. HEFLEY, Mr. RILEY, Mr. SCHAFFER, and California, Mr. TIERNEY, Mr. MARKEY, and KAPTUR, Mr. BRADY of Pennsylvania, Mr. Mr. HILL of Montana. Ms. LOFGREN. PITTS, Mr. JEFFERSON, Ms. DEGETTE, Mr. H.R. 318: Mr. BOYD. H.R. 883: Mr. LAHOOD, Mr. BERRY, Mr. FOLEY, and Mr. TERRY. H.R. 351: Mr. PITTS, Mr. SHAYS, and Mr. SHIMKUS, Mr. HULSHOF, Mr. CANADY of Flor- H.R. 1180: Mr. THOMPSON of California, Ms. GUTIERREZ. ida, Mr. GALLEGLY, and Mr. ORTIZ. KILPATRICK, Mr. MCDERMOTT, Mr. MCNULTY, H.R. 360: Mr. FORBES and Ms. MCCARTHY of H.R. 894: Mr. OSE. Ms. SCHAKOWSKY, Mr. OLVER, Mr. RAHALL, Missouri. H.R. 895: Mr. SANDERS, Mr. DELAHUNT, Mr. Ms. PELOSI, Mr. SANDERS, Mr. BENTSEN, Mr. H.R. 362: Mr. WEXLER and Ms. ROYBAL-AL- BALDACCI, Mr. SHERMAN, Mr. LANTOS, Mrs. PRICE of North Carolina, and Mr. BERMAN. LARD. MEEK of Florida, Mrs. MINK of Hawaii, Mr. H.R. 1215: Mr. LANTOS, Mr. MARTINEZ, Ms. H.R. 363: Mr. MCINTYRE, Ms. ROYBAL-AL- MEEHAN, Mr. THOMPSON of Mississippi, Mr. ROYBAL-ALLARD, Mr. RYAN of Wisconsin, Mr. LARD, Mr. MCCOLLUM, Mr. TURNER, and Mr. GEORGE MILLER of California, Ms. DELAURO, CONDIT, Ms. BALDWIN, Mr. WAXMAN, and Mr. BISHOP. Mr. FILNER, Mr. LEWIS of Georgia, Mr. FRANK GREEN of Wisconsin. H.R. 364: Ms. ROYBAL-ALLARD. of Massachusetts, Mr. FROST, Ms. KIL- H.R. 1221: Mr. PASCRELL. H.R. 365: Ms. ROYBAL-ALLARD. PATRICK, Ms. NORTON, Mr. KENNEDY of Rhode H.R. 1222: Mr. GANSKE. H.R. 366: Ms. ROYBAL-ALLARD. Island, Mr. OLVER, Mr. WEXLER, Mr. MCGOV- H.R. 1223: Mr. EWING, Mr. COSTELLO, Mr. H.R. 380: Mr. WELDON of Pennsylvania, Mr. ERN, Mr. WYNN, Ms. BROWN of Florida, Mr. LIPINSKI, Mr. RUSH, Mr. GUTIERREZ, Ms. BALLENGER, Mr. MALONEY of Connecticut, PAYNE, Ms. PRYCE of Ohio, Mr. WEINER, Mr. SCHAKOWSKY, Mr. DAVIS of Illinois, Mr. JACK- Mr. ROEMER, Mr. MCINTYRE, Mr. UPTON, and CUMMINGS, Ms. DEGETTE, Mr. ENGEL, Mr. SON of Illinois, Mrs. BIGGERT, Mr. EVANS, and Mr. SWEENEY. COYNE, Mr. STARK, Mr. WU, Mr. DAVIS of Mr. WELLER. H.R. 383: Mr. HINCHEY, Mr. FILNER, Mr. Florida, Ms. SLAUGHTER, Mr. FOLEY, Mr. H.R. 1237: Mr. KENNEDY of Rhode Island and ENGEL, Mr. ENGLISH, and Mrs. THURMAN. CAPUANO, and Mr. THOMPSON of California. Mr. FORBES. H.R. 407: Mr. SCHAFFER. H.R. 902: Mr. WEINER. H.R. 1244: Mr. LAFALCE and Mr. LAMPSON. H.R. 408: Mr. ENGLISH and Mr. JEFFERSON. H.R. 919: Mr. PAYNE. H.R. 1248: Mr. ALLEN, Ms. KAPTUR, Mrs. H.R. 417: Mr. WEYGAND. H.R. 927: Mr. CRANE, Mr. HULSHOF, and Mr. ROUKEMA, Mr. BOEHLERT, Mr. WATKINS, Mr. H.R. 425: Mr. FRANK of Massachusetts, Mrs. UDALL of Colorado. MALONEY of Connecticut, Mr. FILNER, Mr. MEEK of Florida, Mr. MCDERMOTT, Ms. H.R. 938: Mr. BONIOR. NADLER, Mr. SANDERS, Mr. HASTINGS of Flor- PELOSI, Ms. ESHOO, Mr. CAPUANO, Ms. BROWN H.R. 939: Mr. DAVIS of Illinois. ida, Mr. JEFFERSON, Mr. MARKEY, Mr. KEN- H.R. 957: Mr. CHAMBLISS, Mr. BERRY, Mr. of Florida, and Mr. BLUMENAUER. NEDY of Rhode Island, and Mr. COOKSEY. RYANT HUSTER OSWELL H.R. 464: Mr. REGULA, Mr. HALL of Texas, B , Mr. S , Mr. B , Mr. H.R. 1261: Mr. GOODE. Mr. HINCHEY, Mr. RUSH, Mr. KINGSTON, Mr. FLETCHER, Mr. OLVER, Mr. LEWIS of Georgia, H.R. 1266: Mr. DELAHUNT. DREIER, and Mr. MCCRERY. and Mrs. KELLY. H.R. 1270: Mr. LUTHER and Mr. OBERSTAR. H.R. 959: Mr. ENGLISH, Mr. FATTAH, and Mr. H.R. 469: Mr. KENNEDY of Rhode Island, Ms. H.R. 1275: Mr. SCARBOROUGH. MOAKLEY. BERKLEY, Mr. HASTINGS of Florida, Mr. H.R. 1281: Mr. GARY MILLER of California. H.R. 984: Mr. RAMSTAD, Mr. PAYNE, Mr. FOLEY, and Mr. WEXLER. H.R. 1288: Mr. BRADY of Pennsylvania, Mr. MILLER of Florida, Mr. TOWNS, and Mr. H.R. 486: Mr. BUYER. EVANS, Ms. SLAUGHTER, and Mr. MCINTYRE. OWENS. H.R. 527: Mr. FILNER. H.R. 1289: Mr. MEEHAN, Mr. STARK, and Mr. H.R. 991: Ms. BALDWIN. H.R. 574: Mr. WELDON of Florida. VENTO. H.R. 993: Mrs. MYRICK and Mr. GEKAS. H.R. 580: Mr. ENGLISH. H.R. 1300: Mr. GREENWOOD, Mr. SHOWS, and H.R. 997: Ms. JACKSON-LEE of Texas, Mr. H.R. 601: Mr. WELDON of Florida. Mr. MARTINEZ. FRANKS of New Jersey, Mr. ANDREWS, Mr. H.R. 604: Mr. KENNEDY of Rhode Island and H.R. 1322: Mr. COX, Mrs. BONO, and Mr. GILMAN, Mrs. LOWEY, Mr. BLAGOJEVICH, Mr. Mr. PETRI. HUNTER. WEINER, Mr. PICKET, Mr. KING, and Mrs. ROU- H.R. 607: Mr. RAMSTAD. H.R. 1330: Mr. GREEN of Texas. KEMA. H.R. 672: Mr. HULSHOF and Mr. JOHN. H.R. 1331: Mr. GREEN of Texas, Mr. GON- H.R. 1001: Mr. BARCIA, Mr. TANNER, Mr. H.R. 682: Mr. UDALL of Colorado. ZALEZ, Mr. ANDREWS, Ms. BROWN of Florida, COYNE, Mr. LEWIS of Georgia, and Mr. SCAR- H.R. 693: Mr. NUSSLE. Ms. SLAUGHTER, Mr. BONIOR, Mr. VENTO, and BOROUGH. H.R. 699: Ms. NORTON and Mr. NADLER. Mr. FATTAH. H.R. 1008: Mrs. MINK of Hawaii, Ms. WOOL- H.R. 710: Mr. GORDON, Mr. WICKER, Mr. H.R. 1346: Mr. GREEN of Texas, Mr. WYNN, SEY, Mr. REYES, Mrs. CAPPS, and Mr. GREEN Mr. FALEOMAVAEGA, Mr. RANGEL, Mr. ROTH- WATTS of Oklahoma, Mrs. MYRICK, Mr. LUCAS of Texas. MAN, Mr. HINCHEY, Mr. UNDERWOOD, Mrs. of Oklahoma, Mr. CAMPBELL, Mr. PICKERING, H.R. 1012 Mr. UNDERWOOD, Mr. CHAMBLISS, MEEK of Florida, and Mr. GEORGE MILLER of Mrs. CLAYTON, Mr. ISTOOK, Mr. RADANOVICH, and Mr. CALVERT. California. Mr. CRAMER, Mr. WELLER, Mr. FOLEY, Mr. H.R. 1041: Mr. DEMINT. DUNCAN, Mr. THOMPSON of Mississippi, Mr. H.R. 1053: Ms. WATERS. H.R. 1348: Mr. KENNEDY of Rhode Island, FROST, Mr. DEMINT, Mr. COBURN, and Mr. H.R. 1070: Mr. BISHOP, Mrs. MINK of Hawaii, Mr. ROHRABACHER, Ms. DANNER, Mr. SHOWS, LAMPSON. Mr. FRANK of Massachusetts, Mrs. FOWLER, Mr. BARTLETT of Maryland, Mr. SMITH of H.R. 721: Mr. NETHERCUTT, Mr. RODRIGUEZ, Mr. KENNEDY of Rhode Island, and Mr. KIND. Michigan, Mr. HOEKSTRA, Mr. SAM JOHNSON Mr. GONZALEZ, and Mr. POMBO. H.R. 1071: Mrs. MEEK of Florida. of Texas, Mr. GRAHAM, Mr. HILLEARY, Mr. H.R. 742: Mr. GONZALEZ, Mr. GEORGE MIL- H.R. 1074: Mr. ROYCE, Mr. BARR of Georgia, RILEY, Mr. GIBBONS, Mr. HOSTETTLER, Mr. LER of California, and Mr. WEXLER. Mr. GARY MILLER of California, Mr. STUMP, CHAMBLISS, Mr. WELDON of Pennsylvania, H.R. 750: Mr. ROTHMAN. Mr. WELDON of Florida, and Mr. TIAHRT. Mr. TIAHRT, Mr. PITTS, Mr. GREEN of Texas, H.R. 767: Mr. TERRY. H.R. 1075: Mr. SAWYER. Mr. HUNTER, Mr. TALENT, Mrs. MYRICK, Mr. H.R. 805: Mr. SNYDER. H.R. 1082: Mr. JEFFERSON. CALLAHAN, and Mr. NUSSLE. H.R. 828: Mr. GILLMOR and Mr. GOODLATTE. H.R. 1084: Mr. WELDON of Florida. H.R. 1354: Mr. BAKER, Mr. COMBEST, Mr. H.R. 835: Mr. HINCHEY and Mr. MCCRERY. H.R. 1091: Mr. UNDERWOOD, Mr. MCINNIS, JONES of North Carolina, Mr. MORAN of Kan- H.R. 837: Mr. CLAY. and Mr. FROST. sas, and Mr. BONILLA. H2134 CONGRESSIONAL RECORD — HOUSE April 15, 1999

H.R. 1355: Mr. RUSH. H.R. 469: Mr. HASTINGS of Washington. M. Levin, George E. Brown, Jr., Michael R. H.R. 1357: Mr. SESSIONS. H. Res. 124: Mr. HASTINGS of Washington. McNulty, Anna G. Eshoo, John S. Tanner, H.R. 1363: Mr. WOLF. f Lynn N. Rivers, Eva M. Clayton, Steve R. H.R. 1387: Mr. SKELTON. Rothman, Chaka Fattah, Ted Strickland, H.R. 1395: Mr. GARY MILLER of California. DISCHARGE PETITIONS H.R. 1398: Mr. GARY MILLER of California. Barbara Lee, Gregory W. Meeks, Edward J. H.R. 1402: Mr. CASTLE, Mr. FOSSELLA, Mr. Under clause 2 of rule XV, the fol- Markey, Jerrold Nadler, John D. Dingell, KING, Mr. MCNULTY, Mr. NADLER, Mr. QUINN, lowing discharge petition was filed: Robert Menendez, Ronnie Shows, Anthony D. Mr. LAMPSON, Mr. ENGLISH, Mr. FILNER, Ms. Petition 1, April 14, 1999, by Mr. TURNER Weiner, David D. Phelps, Henry A. Waxman, SLAUGHTER, Mr. SHERWOOD, and Mr. LAZIO. on H. Res. 122, was signed by the following Fortney Pete Stark, Nydia M. Velazquez, H.J. Res. 10: Mrs. EMERSON. Members: Jim Turner, Richard A. Gephardt, David Minge, Charles W. Stenholm, William H.J. Res. 25: Mr. GIBBONS, Mr. SPRATT, and Brian Baird, David E. Bonior, Sam Farr, D. Delahunt, Gary A. Condit, Norman Sisi- Mr. REYES. Grace F. Napolitano, Martin Frost, Thomas H.J. Res. 37: Mr. SIMPSON. sky, Bob Filner, Debbie Stabenow, Norman C. Sawyer, Stephanie Tubbs Jones, Earl H. Con. Res. 22: Mr. COOK. D. Dicks, Sam Gejdenson, Benjamin L. H. Con. Res. 30: Mr. NORWOOD and Mr. Blumenauer, James P. Moran, Ron Kind, Thomas H. Allen, Jim Davis, Bernard Sand- Cardin, Allen Boyd, Ike Skelton, Robert HOSTETTLER. Wexler, Mike McIntyre, Karen McCarthy, H. Con. Res. 36: Ms. KAPTUR and Mr. ers, Albert Russell Wynn, Eddie Bernice Dale E. Kildee, Carrie P. Meek, Thomas M. BONIOR. Johnson, Sanford D. Bishop, Jr., Gary L. H. Con. Res. 54: Mr. SMITH of New Jersey. Ackerman, Ron Klink, Nick Lampson, Barrett, Xavier Becerra, John J. LaFalce, H. Con. Res. 58: Mr. GREEN of Wisconsin Tammy Baldwin, Earl Pomeroy, Bill Luther, Sherrod Brown, Rod R. Blagojevich, William and Mr. TANCREDO. Max Sandlin, Bill Pascrell, Jr., Robert A. O. Lipinski, Luis V. Gutierrez, Dennis J. H. Con. Res. 75: Mr. GARY MILLER of Cali- Borski, Frank Mascara, John Elias Baldacci, Kucinich, Brad Sherman, Robert A. fornia, Mr. NEAL of Massachusetts, Ms. WA- Paul E. Kanjorski, Robert A. Brady, Carolyn Weygand, Leonard L. Boswell, Jose E. TERS, Mr. WATT of North Carolina, Mr. McCarthy, Lloyd Doggett, David E. Price, Serrano, Elijah E. Cummings, Edolphus DIXON, Mr. WEXLER, Mr. BORSKI, Mr. FRANKS Rosa L. DeLauro, Steny H. Hoyer, Ellen O. Towns, James E. Clyburn, Chet Edwards, of New Jersey, Mr. HALL of Texas, Mr. LAN- Tauscher, Joseph Crowley, Martin T. Mee- Nita M. Lowey, Robert T. Matsui, Melvin L. TOS, Mr. PITTS, Mr. HORN, Mr. GUTIERREZ, han, Neil Abercrombie, James P. McGovern, Watt, Maurice D. Hinchey, Harold E. Ford, Mr. PORTER, Ms. SLAUGHTER, and Mr. ROTH- Michael E. Capuano, Baron P. Hill, John MAN. Lewis, Lois Capps, Rush D. Holt, Ruben Jr., Robert E. (Bud) Cramer, Jr., Barney H. Res. 60: Mr. BROWN of California. Hinojosa, Darlene Hooley, Patrick J. Ken- Frank, Sheila Jackson-Lee, William J. Jef- H. Res. 89: Mr. BRADY of Pennsylvania and nedy, Zoe Lofgren, James H. Maloney, Caro- ferson, Maxine Waters, Jesse L. Jackson, Jr., Ms. ESHOO. lyn C. Kilpatrick, John F. Tierney, Mike Ciro D. Rodriguez, George Miller, Bart Gor- H. Res. 97: Mr. GONZALEZ and Mr. WAXMAN. Thompson, Shelley Berkley, Dennis Moore, don, Bruce F. Vento, Patsy T. Mink, Chris- H. Res. 107: Mr. ALLEN, Mr. Lane Evans, Lynn C. Woolsey, Joseph M. topher John, Rick Boucher, Solomon P. FALEOMAVAEGA, Mr. GONZALEZ, and Mrs. Hoeffel, Janice D. Schakowsky, Ed Pastor, CLAYTON. Ortiz, Tim Roemer, Robert E. Andrews, Mar- Charles A. Gonzalez, David Wu, Marcy Kap- H. Res. 133: Mr. TOWNS, Mr. CRAMER, Mr. tin Olav Sabo, Howard L. Berman, Tony P. tur, Bob Etheridge, Jonn M. Spratt, Jr., Mar- THOMPSON of California, Mr. WEINER, Ms. Hall, Charles B. Rangel, Frank Pallone, Jr., ion Berry, Julia Carson, Juanita Millender- BALDWIN, and Ms. ESHOO. Julian C. Dixon, Cynthia A. McKinney, John McDonald, Gene Green, Karen L. Thurman, f Conyers, Jr., William (Bill) Clay, Danny K. Major R. Owens, Nancy Pelosi, Diana Davis, Bobby L. Rush, Gerald D. Kleczka, DELETIONS OF SPONSORS FROM DeGette, Lousie McIntosh Slaughter, Jay Carolyn B. Maloney, Jerry F. Costello, Ken PUBLIC BILLS AND RESOLUTIONS Inslee, Tom Udall, Lucille Roybal-Allard, Loretta Sanchez, Bart Stupak, Pat Danner, Bentsen, Adam Smith, Calvin M. Dooley, Under clause 7 of rule XII, sponsors Mark Udall, Eliot L. Engel, Jim McDermott, Robert E. Wise, Jr., Vic Snyder, Peter A. were deleted from public bills and reso- John B. Larson, Silvestre Reyes, Bob Clem- DeFazio, Peter Deustch, Tom Lantos, Donald lutions as follows: ent, John W. Olver, William J. Coyne, Sander M. Payne, and Corrine Brown. 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, THURSDAY, APRIL 15, 1999 No. 52 Senate The Senate met at 9:30 a.m. and was tion conference report. Therefore, Sen- Government, that we were in a position called to order by the President pro ators can expect a rollcall vote on that a man would be in if his wife went tempore [Mr. THURMOND]. adoption of the conference report at out and ran up all these debts on the The PRESIDENT pro tempore. This approximately 2 p.m. or earlier if time credit card and the debt collector was morning’s prayer will be delivered by is yielded back. Under a previous order, at the door. our guest Chaplain, Hiram H. Haywood, the Senate may also expect a final vote Today, in this era of political cor- Jr. on the House version of S. 767, the uni- rectness, no one would ever suggest We are glad to have you with us. formed services tax filing fairness bill. such a thing. They would say their That vote is expected to occur imme- spouses ran up these bills, and probably PRAYER diately following the vote on the budg- the reality would be the man did run The guest Chaplain, Rev. Hiram H. et conference report. up the bills in any case. But the point is that the then-majority leader of the Haywood, Jr., Archdiocese of Wash- I thank my colleagues for their at- House, in 1979, made the point that ington, Basilica of the National Shrine tention, Mr. President. I note the ab- these bills had been run up and the bill of the Immaculate Conception, Wash- sence of a quorum. collector was at the door, and so we ington, DC, offered the following pray- The PRESIDENT pro tempore. The clerk will call the roll. didn’t have any choice except to pay er: the bills as any good, honest family Lord our God, Almighty King, Most The legislative clerk proceeded to call the roll. would. Gracious Father, we offer You our And so I stand up and say that the Mr. GRAMM. Mr. President, I ask humble thanks for Your past blessings. first thing I ever said in debate in the We offer You all praise, all honor, and unanimous consent that the order for Chamber of the House was, well, it is all glory. the quorum call be rescinded. not really the way it works. It is true Heavenly Father, we humbly ask The PRESIDING OFFICER (Mr. that honest families would pay their that we may always prove ourselves a CRAPO). Without objection, it is so or- bills, but what they would do is they people mindful of Your favor and glad dered. would sit down at the kitchen table, to do Your will. Lord, please bless this f they would talk about how they got in great land of ours with honorable en- CONCURRENT RESOLUTION ON this financial mess, they would get out deavor, sound learning, and pure man- THE BUDGET FOR FISCAL YEAR the credit card, they would get out the ners. 2000—CONFERENCE REPORT butcher knife, they would cut up the Almighty and ever living God, may credit card, they would get an envelope You infuse the women and men of this The Senate resumed consideration of and pencil and they would work out a august body, the Senate of the United the conference report. new budget on the back of an old used States of America, with the wisdom to Mr. GRAMM. Mr. President, I rise envelope, and they would start over discern Your will and the courage and today in support of the budget that is again. The problem in Congress was we fortitude to implement it. Grant them before the Senate. I am sorry that our kept simply spending money, incurring the tenacity, at all times and in every dear chairman, Senator DOMENICI, is debt, raising the debt ceiling, and no- place, to stand steadfast in Your faith. not here, but I want to say some very body ever sat down around the kitchen Amen. strong, positive things about this budg- table, nobody ever got out the butcher et, and I wish he were here to hear it. f knife and cut up the credit cards, and I want to say it mostly because it is so, as a result, we never changed any- RECOGNITION OF THE ACTING true. It would just be a plus if he were thing. MAJORITY LEADER here to hear it. So anyway, I opposed raising the The PRESIDENT pro tempore. The It has been my great privilege since I debt ceiling. It failed. And then we able acting majority leader is recog- first came to Congress to be actively tried to offer an amendment trying to nized. involved in budget debates. In fact, I tie the debt ceiling to the budget and Mr. CRAPO. Mr. President, I thank remember the first debate I ever was saying you can only raise the debt ceil- the Chair. involved in as a Member of the House ing if you balance the budget. f was a debate about raising the debt Well, to make a long story short, ceiling, and I remember as if it were from that time in 1979 until today, I SCHEDULE yesterday the House majority leader, have been involved in debate about Mr. CRAPO. This morning the Senate Congressman Wright from Texas, stood every budget that has passed in this will immediately begin the final 5 up and said that we had no choice ex- Congress or been enforced in this Gov- hours of debate on the budget resolu- cept to raise the debt ceiling of the ernment since 1979. And let me say

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

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VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3726 CONGRESSIONAL RECORD — SENATE April 15, 1999 that of all those budgets, this is the brought to the altar here with a docu- earned benefits. The basic position of best budget that has ever been written ment that promises all the right our budget is that those who have by American Government in that pe- things. It is now going to be up to us to served the country, who have preserved riod. enforce those promises. But the key its life by wearing with pride its uni- Now it is probably not, certainly not promise, the linchpin of this budget, form and fighting its wars and by keep- the most profound budget. The most the element of this budget on which ev- ing its peace, that even at a time when profound budget was the Reagan budg- erything else hinges is it enforces the we have tight budgets, they ought to et that was written in 1981. But in spending caps. If we do not control come first. So this budget provides terms of what you want a budget to be, spending, we are not going to have the more money for veterans’ health care, it would be very hard to improve on surplus. We are not going to be able to and I support it. what this budget does. And it is one of rebuild Social Security based on This budget provides more money for my frustrations that everything is now wealth instead of debt. We are not education. It doesn’t create the money so focused on the war in Kosovo and on going to be able to preserve a balanced magically. It takes it away from other many other issues, and we are not hav- budget, and we are not going to be able programs, with the basic idea that we ing any kind of adequate debate or to cut taxes. ought to let the States decide how to focus of attention on the profound na- Now, the second thing this budget spend money on education rather than ture of the budget that is in front of us does, which I rejoice in, is it strength- the Senate being a huge 100-member and what great promise this budget ens our ability to do these things. school. holds for America if we actually en- Every Member of Congress, and I wish This budget calls for an increase in defense. One of the great unknowns force this budget. every American, understood what hap- now, not knowing what the war in So let me begin by just ticking off pened last year. The President stood up Kosovo is going to cost, is what is this some things this budget does, and then really on the opening day of Congress going to do with our budget and where I want to get into a discussion of a last year in the State of the Union Ad- do we go from here. I want everybody comparison of this budget with what dress and said save Social Security to understand that this budget is writ- the President proposed. I want to get first. Don’t spend a penny of the sur- ten in such a way that we contemplate into some of these areas like Social Se- plus on either Government programs or an increase in defense spending. We curity and Medicare that have been tax cuts. Save every penny of it for So- want to give a pay increase to every- talked about a lot and will be talked cial Security. about again. But let me outline what Well, we all know that the President body in the military. We want to try to this budget does. was not telling the truth. We all know provide the pay and benefits and rec- First of all, this is a 10-year budget that in the end we ended up spending ognition that will help us retain in uni- that, if enforced, will balance the budg- very much of that surplus. We ended up form and recruit the finest young men et every single year for 10 years. To on the last day of Congress taking a and women who have ever worn the sort of turn on its head the language of third of the surplus that was meant for uniform of the country. Today they the 1980s, this is a budget that has sur- Social Security and spending it on wear that uniform with pride, but we pluses as far as the eye can see. And it other programs, and we did it in the have grown increasingly concerned has those surpluses because it main- name of emergency spending. that we are falling behind in recruit- tains a restriction on spending in a pe- One of the most important features ment, in retention. We are having trou- riod where revenues are gushing into in this budget is that we have in this ble, especially, keeping pilots. Now the Federal Treasury, a period where if budget an enforcement mechanism that the President has us deployed in we are not very careful we are going to that says that if someone wants to des- some 30 different engagements around see the launching of a massive new ignate an emergency in nondefense the world, where defense spending has spending spree which could squander spending, they are going to have to get been cut by over a third since its peak the surpluses of today that give us the 60 votes, if somebody raises a point of in real terms, and yet we have massive opportunity to pay down debt, to re- order. My basic view is, if something is military deployments, what is hap- build Social Security, and do it right not important enough or enough of an pening is, people are beginning to leave this time by basing it on wealth in- emergency that 60 out of the 100 Mem- the military. stead of debt, that give us the ability bers of the Senate will vote for it, then This pay increase that we call for in to let working men and women in it is not an emergency. this budget is vitally important in America keep more of what they earn I say right now that I personally in- terms of helping us recruit and retain through a reduction in taxes. If we can tend, if others don’t, to raise a point of the best people. Having all these mir- keep these spending control measures order against each and every emer- acle weapons does us no good if we in place, we can provide adequate Gov- gency spending bill that would raid the don’t have quality people to man those systems. We have the best people in ernment—in fact, the highest levels of Social Security trust fund. I give no- uniform today that we have ever had. Government spending in American his- tice right now that anybody who has We want to keep it that way. That is tory. And yet by controlling the an idea that we are going to make all what this budget does. growth of spending, with the power of these wonderful promises, that we are That is the choice we have. The the American economy and our com- going to promise to love, cherish, and choice that is presented to us in this petitiveness on the world market and obey in this little wedding we are hav- budget is, even though we are in a pe- the attractiveness of our capital mar- ing here on the budget, but that we are riod of record prosperity, even though ket with huge amounts of wealth flow- going to turn around and start cheat- the level of revenue flows is a record ing into our equity markets, inflating ing in the fall by breaking this budget level, what we call for is to limit the values, making American families rich- by claiming all kinds of expenditures growth of Government spending, put a er, and inducing them to take income are an emergency, that they better be focus on areas like veterans’ health and capital gains and pay record levels ready to get 60 votes in the Senate if care and education and defense, use the of taxes on it, we can keep the budget they are going to be successful. They surplus to deal with the looming crisis balanced, we can rebuild Social Secu- better be ready for a real battle, be- that faces us in Social Security, and to rity based on wealth, and we can cut cause I, for one, believe in this budget, the extent that we have surpluses flow- taxes for working Americans. This and I intend to fight for it very, very ing from the general budget instead of budget does all those things. hard. from Social Security, take the bulk of Now, a budget is like a marriage li- This budget puts a focus on some pri- that money and give it back to work- cense. It gets you into the deal, but it orities. It basically says that even in a ing families in tax cuts. doesn’t make it successful. The easy tight budget not all spending is equal. That is what this budget does. I be- part is saying ‘‘I do.’’ The hard part of It puts a focus on veterans’ health lieve that it is an excellent budget. I a successful marriage is what comes care, and it does it by, quite simply, think looking at the whole package, it after the wedding. But you cannot have taking the position that in a time is the finest budget presented in Amer- the successful marriage if you don’t when you are trying to control spend- ica in the 20 years that I have served in have the wedding. We are being ing, you have benefits and you have Congress.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3727 Talking specifically about several those were always assumptions about world and defend this totally phony, different areas, I want everybody to what was going to happen in the future fraudulent, embarrassing proposal. I understand that there is a shell game where at least people could say, well, it guess we all have our own standards, going on with Social Security. I want may be based more on hope than re- but I would not do it. I don’t admire to explain, because people have trouble ality, but it could happen. people who do it. I think it does a ter- understanding what it is the President What the Clinton administration has rible injustice and disservice to the is doing on Social Security and what done is they have brought phoniness, American public that this is hap- this budget does on Social Security. distortion and untruth into the budget pening. Let me first explain what this budget at a level which has never existed in I wanted to show this graph to sort of does on Social Security, and then ex- the American budget in the history of bring the whole thing together. What I plain the fraud that is perpetrated in this country. And no better example have here is plotted between the years the President’s budget. exists than under Social Security. 2000 and 2009, the years where this What this budget does on Social Se- I think I can explain it to you very budget is in effect, the Social Security curity is very, very simple. It says simply. Here are the facts. In the year surplus. It starts out at $138 billion and every penny that we collect in Social 2000, the first year of this budget, we it grows over the period to over $200 Security taxes that we don’t have to projected a $131 billion surplus in the billion a year. That is the amount of have to pay Social Security benefits unified Federal budget. If you take money that Senator DOMENICI locks should be dedicated to Social Security. every penny we get from every source, away in his lockbox. Now, in addition It ought to be locked away, and it and you take every penny we spend on to the Social Security surplus, because ought to be available to any effort to every program or giveaway, or lose, or the economy is growing so quickly and rebuild the financial base of Social Se- forget about, and you bring those two because we are controlling spending, if curity. But we should not spend it on together, we are taking in $131 billion we actually do it, we will get an addi- any other Government program, nor more than we are spending. Now, So- tional surplus in the rest of the Gov- should we use it for tax cuts. In fact, cial Security is taking in $138 billion ernment in this area that I call ‘‘B’’ on Senator DOMENICI, in a proposal that is more than it is spending. So while we this chart. enshrined in this budget, but we will show that we have a $131 billion sur- Interestingly enough, what the Presi- have to vote on separately, sets up a plus, the reality is that if you don’t dent does is, he says let’s take 38 per- lockbox where we literally change the count the Social Security trust fund, cent of this unified budget, Social Se- lending limits that the Government we are actually spending $7 billion curity plus non-Social Security budget, faces, the debt ceiling, so that we will more than we take in. and let’s spend it and then give the rest not be able to spend one penny of the So let me show it to you this way. We to Social Security on top of the Social Social Security surplus. are taking in $138 billion more than we Security surplus that we have already This is vitally important because, as are spending on Social Security alone. measured. So that is how they start anybody in the Senate knows, and I We are then spending $7 billion of that out with the Social Security surplus wish every American knew, our Gov- money from Social Security on general and then end up with these huge IOUs ernment has been stealing every penny government. Now, that would leave that they claim they are giving to So- of money coming in to the Social Secu- you with $131 billion of money for So- cial Security. It is interesting because rity trust fund. We currently have IOUs cial Security. if you look at the President’s plan— for this money that are sent to West What the administration does is it and this chart is from the Social Secu- Virginia and put in a metal filing cabi- sends to West Virginia this piece of rity Administration—if you look at net, but the Government then takes paper that actually prints out on a their plan, they claim that under their the money and spends it on everything computer, and it says, ‘‘IOU Social Se- plan they are building up the assets of but Social Security. None of that curity $138 billion.’’ So they get this Social Security from $864.4 billion to money is being used for Social Secu- piece of paper, they tear it off—and it $6,697.8 trillion. Yet, when you look at rity purposes. has actually been on television, and the Office of Management and Budget Senator DOMENICI’s lockbox would they won’t let you photograph the figures—and all this is put out by the change that permanently and say that bonds, interestingly—they tear off the same administration—when you look this money would be set aside to re- perforated edges and they take that at their actual level of paying down the duce debt, and it would be available $138 billion IOU and put it in the filing debt, that level turns out to be only when we can agree with the White cabinet. $2,183.6 trillion. So the question is, House on a way to rebuild the financial Now, what happens is, we then spend What happened to the $3.6 billion? base of Social Security. That is a criti- $7 billion of it immediately, and that What happened to it? cally important proposal. brings us down to $131 billion. Now, the The President says that under his If the American people knew the ex- President says, well, let’s take 62 per- system, with all this double counting tent that we have been stealing money cent of that and give it back to Social of money, he was putting $5.8 trillion out of the Social Security trust fund, Security and we will spend 38 percent into Social Security; yet, his budget there would be outrage in the country. of it. So we started with $138 billion, shows only $2.163 trillion actually That is exactly what is happening. The we spent $7 billion, and then the Presi- saved for Social Security. What hap- Domenici lockbox ends that forever, dent says let’s spend 38 percent of what pened? Well, what happened is that and it is vitally important. I hope is left and then we will send another none of this money ever went to Social every Member will support it. IOU to Social Security for $81 billion. Security to begin with. It was all a Now, let me talk about this shell So out of the $138 billion that they ini- paper, double-counting bookkeeping. game the administration is playing on tially had, they send IOUs to Social Se- Their own numbers show it. Yet, no- Social Security. Let me say, to begin curity for $219 billion. Now, they start- body is embarrassed enough about it to with, that if you have been involved in ed with $138 billion and then they spent simply say, well, this is phony and we every budget since 1979, you have seen $7 billion, and then of that $131 billion apologize and we should have never phony assumptions, smoke and mir- that was left, they spent another $50 tried to perpetrate this fraud on the rors, shell games, or whatever the billion, and then they give Social Secu- American people. words are that we use. But let me say, rity an IOU for $219 billion. Now, I think we can be proud of the so that no one is confused, that in Re- Now, any freshman accounting stu- fact that in this budget every penny of publican and Democrat administra- dent in any accounting class in Amer- the Social Security surplus is locked tions I have seen people make assump- ica would be given an ‘‘F’’ if they pro- away to be used for Social Security. tions that were wildly unrealistic posed on an examination paper such an And when we decide how to save Social about the future, about what inflation accounting system. Yet, some of the Security—and I wish we could decide was going to be, about what interest most highly educated people in Amer- today; maybe we will tomorrow—those rates were going to be, about what eco- ica—men and women of great stature— funds will be there for that purpose. I nomic growth was going to be, about stand up in front of God, a television think that is very important and I what spending was going to be; but camera, and everybody else in the want to congratulate Senator DOMENICI

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3728 CONGRESSIONAL RECORD — SENATE April 15, 1999 for his leadership on this issue. I want ther exempted income from taxes. But taxes anyway. So I don’t have any to address two other issues and I will the bottom line is that about 95 per- problem saying, ‘‘Yes. That is right,’’ speed it up if anybody else comes over cent of income taxes are paid for by because tax cuts are for one unique and wants to speak. If not, I will give people who are in the upper half of the group of Americans, ‘‘wagon pullers,’’ I a fairly detailed description of both. income distribution in the country. call them—the people who are pulling The next issue is tax cuts. The budg- What our Democrat colleagues have the wagon in which so many other et before us simply says that every discovered is that we do have a pro- Americans are riding; the people who penny of the Social Security surplus gressive income tax. So that if I pay are paying for the Medicaid they don’t will be there for Social Security; that $5,000 of income taxes, and someone get, for the welfare benefits they don’t of the surplus that is left, we keep a re- else pays $50,000 of income taxes, and get, for the food stamps they don’t get. serve of money that is available for a we give a 10-percent tax cut, I get $500 Tax cuts are for the people who are contingency use which could be used as a tax cut and they get $5,000 as a tax pulling the wagon in which all other for one of many purposes, and then cut. And our Democrat colleagues beneficiaries of Government are riding. after we set aside that contingency, we think that is somehow outrageous. So I don’t feel the least bit squeam- provide the rest of the money for tax But the point is, the only way you ish about saying that tax cuts are for cuts for working Americans. After all, are getting more of a tax cut is if you taxpayers. If you do not pay income the surplus we have is due to the fact are paying more taxes. So that what taxes, you don’t deserve a cut in in- that Americans are working harder, they are really talking about is that come taxes, because you are not paying working smarter, working in a more the system is progressive. any. productive way, earning more and pay- Should it be progressive? You know We have a surplus because Americans ing more taxes. there are many people who believe we are working harder and paying more There have been several proposals to ought to have a flat tax and that ev- taxes. In fact, they are doing it today, cut taxes. None of them are endorsed in erybody ought to pay the same rate. tax day. I want everybody who is going this budget. This budget simply gives But the point is, if we are going to cut to the post office today to send their to the Finance Committee the ability taxes and Senator ROCKEFELLER pays taxes to the government—if you hap- to cut taxes. And there have been a lot 10 times as much in taxes as I do, or 100 pen to be on mountain time, or if you of proposals discussed. But the one times as much in taxes as I do—I don’t are on Pacific time and you have noth- that especially our Democrat col- know, and I hope he pays 100 times as ing better to do than to turn on C- leagues have talked the most about is much because then he is better off and SPAN—I want you to remember this a proposal to cut taxes across the so is America. But, whatever it is, the when you pay your taxes: I want you to board. This has given rise to a debate fact that he would get a bigger tax cut remember, you didn’t get food stamps, in which I love to engage. Obviously, than I do from an across-the-board tax you didn’t get welfare, you didn’t get my Democrat colleagues love to engage cut is the most reasonable thing on Medicaid, but I believe—and the party in it as well. This is the debate that ba- Earth to me if he is, in fact, paying I am a member of, the Republican sically takes the view, as our Democrat more taxes than I am paying. Party believes—that you ought to get a colleagues often do, that investment is I believe our No. 1 priority in cutting tax cut. Our Democrat colleagues are a good thing but investors are some- taxes is we ought to cut everybody’s going to say—you are going to hear it, how bad people; that wealth is a won- taxes by 10 percent. So, if you do not so pay close attention. They are going derful thing but people who create it, pay any taxes, you should have learned to say, yes, you get a tax cut. You— that somehow there is something in the third grade—since I repeated the this person working in Los Angeles, wrong with them, or that there is third grade I remember it—that any- CA, on your way to mail your check in something wrong with letting them thing times zero is zero. So with a 10- right now—you get a tax cut. keep part of it. I don’t understand how percent tax cut, if you are not paying Think of these people that don’t get you can love investment and not love any taxes, you don’t get a tax cut. You a tax cut. How is it fair that Joe Brown investors. are going to hear our colleagues say, and Susie Brown, who make $21,000 a I view people who are successful as well, 50 percent, or 40 percent, or what- year, pay no income taxes, and get an being public benefactors. I never got a ever the number is they choose or earned-income tax credit—which is job being hired by somebody who made make up today, people will get no tax really a welfare benefit—why is it they less money than I did. Everybody who cut under a 10-percent tax cut. The don’t get a tax cut when you do? The ever hired me was richer than I was, only person in America who will get no answer is, they don’t pay any income which is why they were hiring me rath- cut in income taxes from a 10-percent taxes and you do. er than me hiring them. And I never re- tax cut by definition is a person who We have this basic viewpoint which sented the fact that people had gotten pays no income taxes. our Democrat colleagues find to be rad- rich by working in America. But here Here is my point. Most Americans ical. That point is, if you don’t pay in- is what you are going to hear all day don’t get Medicaid. Most Americans come taxes, you don’t get a tax cut; if today, and here is what you are going don’t get food stamps. Most Americans you do pay income taxes, you do get a to hear as we debate the tax cut. don’t get welfare. Why don’t they get tax cut. The more taxes you pay—and We have a very, very progressive tax those things? They don’t get those God bless you for doing it, because if system in America. ‘‘Progressive’’ is things because they are not poor. Tax people are paying record taxes it means really a phony word. It is a made-up cuts are for working people. Welfare is they are earning record incomes—I be- word that is meant to really cloud the for poor people. Medicaid is for poor lieve, and the great majority of the Re- issue so you don’t really understand. people who are sick. Medicare is for el- publicans in Congress believe, if you Under our system, if you make more derly people for their health care. We pay more taxes, you ought to get a big- money, you not only pay more taxes have many different programs that do ger tax cut. That is what an across-the- proportionately, but the rate of taxes not go to everybody. We have very few board, 10-percent tax cut would do. goes up. So that as you make more programs in America that everybody A final point: This used to be a bipar- money, your taxes don’t go up propor- benefits from directly. tisan idea. John Kennedy proposed an tionately but they go up exponentially. The point is, if not everybody gets across-the-board tax cut in 1961 which Our system of taxes is so progressive welfare, why should we be shocked that was adopted and became law. His fa- that roughly 50 percent of Americans if you do not pay income taxes, that mous words are, ‘‘A rising tide lifts all pay virtually no income taxes. And when we cut income tax rates you boats.’’ That is still believed by one- they pay no income taxes because don’t get a tax cut? I don’t find that to half of the political spectrum in Amer- there are many provisions which were be shocking. I don’t have any trouble ica. It is no longer believed by the adopted when Ronald Reagan was saying to somebody in my State who other half—and that is the half that he President in terms of changing the Tax says, ‘‘You cut income tax rates by 10 was once a part of. Code. We were able to make some percent and I didn’t get a tax cut.’’ I To conclude, let me talk a little bit changes with the child tax credit and know, because I understand arithmetic, about Medicare. There is no more in our tax cut of 2 years ago that fur- that they are not paying any income fraudulent portion of the President’s

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3729 budget than the proposal about Medi- could, in part, be used for Medicare. very measure that they said was going care. Let me give Members a tiny bit of Our problem in Medicare is we need to to end the world and throw us into a history. We, through an act of Con- adopt the Breaux Commission report. depression whereby even the distin- gress, signed by the President, set up a We had a vote on instructing conferees guished chairman on the House Budget Medicare Commission. In a gesture to- for us to preserve our commitment to Committee said he would change par- ward bipartisanship, Republicans—who that. It is in this budget. We are going ties. I don’t know whether he is run- control both Houses of Congress— to bring that proposal to the Finance ning today for President as a Democrat agreed to appoint a Democrat, Senator Committee. I hope we are going to or Republican, but to my knowledge BREAUX, as chairman of that Commis- adopt it. Mr. KASICH is still a Republican. He sion. Senator BREAUX did a great job as What that proposal will do, in addi- said he would change parties if it chairman of the Medicare Commission. tion to planting the seeds to save Medi- worked. It is working. The market is It was my privilege to serve on that care, for moderate- and low-income re- over 10,000, we have housing starts and Commission. I remember as if it were tirees it will, for the first time, give inflation is down, unemployment is yesterday President Clinton called the them assistance on pharmaceuticals. down, and everything else of that kind. whole Commission down to the White For middle-income retirees and upper- When they reported this budget, try- House and talked to us about the ter- income retirees, by expanding the op- ing to continue the fiscal discipline, rible problems we had in Medicare and tions that are available, by literally here is the language: challenged each of us not to let the letting them have the same health in- In addition to the fiscal policies contained work of the Commission fail because of surance that I have as a Member of the in the budget resolution, I also am troubled us. He challenged each of us to find a Senate, it will allow them for the first by the process the Republican majority wants to use in this year’s budget. The rec- way to be for the final proposal. time to have an opportunity to buy As it turned out, as most people now onciliation process have been used sparingly into a plan that will give them some in the past to improve the fiscal health of know, the final work of the Commis- assistance with their pharmaceuticals. the budget. It was created to give the Senate sion did fail. It failed by one vote. Not I have talked a long time and covered a process for making difficult fiscal deci- one single person appointed by Presi- a lot of subjects. Let me conclude by sions—decisions that often require cutting dent Clinton found a way to be for the simply congratulating Senator DOMEN- popular programs and increasing taxes to final proposal, and they all voted ICI. This is a great budget. If we can en- balance the budget. against the Commission proposal. The force this budget, America will be rich- That is not the case this year. The Repub- President, in 3 months, had an oppor- licans want to use the reconciliation process er, freer, and happier. If we can enforce to dramatically reduce revenues over the tunity to change American history on this budget, we will have an oppor- next ten years and impair the progress we Social Security and Medicare, and in tunity to begin the long process of re- have made so far in reducing the deficit and both cases he failed. building the financial base of Social beginning to pay down the debt. What did the President do in his Security based on wealth and not debt. The budget resolution also would modify budget? What the President did in his If we can enforce this budget, we will the pay-go point of order. Pay-go was re- budget is literally this: He said we are pay off Government debt. If we can en- quired to insure the Senate would provide off-sets to reduce taxes or increase spending. going to pay off debt—though not as force this budget, we will be able to much as the Domenici budget—but we The modified budget resolution now will give working Americans tax cuts. make it possible to cut taxes without a fiscal are going to name the debt reduction It is one thing to enter the marriage; off-set. By making it easier to use future in honor of various programs. That is it is another thing to make it a suc- surpluses to cut taxes instead of paying in essence what it was. In essence, cessful one. This is a very important down the debt, this will eliminate the fiscal what the President’s budget does is day, a very important budget. I am discipline that has reduced the deficit and send a little note to Medicare that very proud to be for it. contribute to the fiscal cancer eating away says: You will be happy to know that I yield the floor. at America. Federal debt was reduced by such and Mr. HOLLINGS addressed the Chair. I say cancer, and I say that advised- such an amount and it was done in The PRESIDING OFFICER. The Sen- ly, because when President Johnson your name. It would be sort of like our ator from South Carolina. last balanced the budget, the interest Presiding Officer having someone send Mr. HOLLINGS. Mr. President, I just cost on the national debt was only $16 a check to his university saying, ‘‘We came to the floor to hear my distin- billion. Today it is just about $1 billion made a contribution in your name,’’ guished colleague from Texas say this a day. The last estimate of the Con- and then you say, ‘‘When do I get the is the finest budget in 20 years. gressional Budget Office was $357 bil- money?’’ You don’t ever get the The PRESIDING OFFICER. Who lion each year. When President John- money. yields time? son last balanced the budget, after 200 What the President did in Medicare— Mr. CONRAD. I yield 10 minutes to years of history—the cost of all the which was one of the cruelest hoaxes I the Senator from South Carolina. wars from the Revolution on up, World can imagine in public policy—the The PRESIDING OFFICER. The Sen- War I, World War II, the cost of Viet- President didn’t give Medicare a penny ator from South Carolina is recognized nam, Korea—the interest cost on the over 10 years, provided no additional for 10 minutes. national debt was only $16 billion. Now, money to Medicare. In fact, he cut Mr. HOLLINGS. Mr. President, this since that time, without the cost of a Medicare, cuts that are not in the is the same act, same scene, under dif- war—we made money on Desert budget before the Senate. So he cuts ferent auspices, different rules and reg- Storm—so, without the cost of a war it Medicare funding over 10 years, and yet ulations, with the manifest intent, in is now $1 billion a day, eating away. by sending this IOU to HCFA, the agen- this particular Senator’s opinion, that With that wasted money, the interest cy that runs Medicare, he somehow what is on course here is a Milton cost on the debt, I could give the dis- creates the impression that he has Friedman-like plan of the distin- tinguished Presiding Officer his $80 bil- given Medicare more money, when guished Senator from Texas to pri- lion tax cut, I could give our Demo- none of this IOU can be spent. In fact, vatize Social Security, to establish pri- cratic friends our $80 billion in in- the only way we could ever provide vate savings accounts. The Republicans creased spending, I could give $80 bil- money under this is to raise taxes, to do this in violation of all the rules and lion to save Social Security, I could cut Medicare or cut other Government regulations that you can think of that give $80 billion to pay down the debt— programs. Yet the President creates have been put in over the past several that is only $320 billion. But we are this impression that he has provided years to bring about fiscal discipline. going to spend at least $357 billion this this money that could be used for phar- Let’s get right to the point: We, up year on nothing, and if interest costs maceutical benefits or all these other until now, have been on course with start going back up we will be to $500 wonderful benefits. It is a cruel hoax. some fiscal discipline. Credit President billion. What we do in our budget is set out Clinton and the 1993 Congress that en- But, to the original point, read this a procedure where this reserve fund, acted the Balanced Budget Act, which conference report. Here are the she- this reserve money that we didn’t use cut spending, increased taxes, in- nanigans that go along and are given for tax cuts that we kept as a buffer creased taxes on Social Security—the dignity by my distinguished colleague

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3730 CONGRESSIONAL RECORD — SENATE April 15, 1999 from Texas saying it is the finest budg- debt. That is where the money comes amazing. As my colleague knows, a et he’s seen. I was sorry to see him do from. The whole gimmick here is to conference is the representatives of the that because I joined him in passing pay down Wall Street’s credit card Senate and the representatives of the Gramm–Rudman-Hollings for fiscal dis- with the Social Security credit card. It House coming together to work out the cipline, and this is the most undisci- is like having a Visa and a Master and differences between the two. We were plined shenanigan that you will ever you want to pay down the MasterCard there, the Members were there. find. with your Visa card, so you pay down I think you would have been quite On page 18, section 202 of the con- the MasterCard with the Visa card. But amazed, I say to the Senator from ference report: it is still your card; it is your debt. All South Carolina, because there was no Whenever the Committee on Ways and you’ve done is shift debt from spending budget there, there was no document Means of the House or the Committee on Fi- column to another. That is why the there. There was no discussion about nance of the Senate reports a bill, or an debt this particular fiscal year, 1999, the differences between the House and amendment thereto is offered, or a con- goes up $100 billion. That is the Con- Senate. What we had was an immacu- ference report thereon is submitted that en- gressional Budget Office figure. late conception. What we had was a hances retirement security through struc- Let’s sober up here. Everybody is document that appeared out of no- tural programmatic reform, the appropriate chairman of the Committee on the Budget running around saying, ‘‘Surplus, sur- where after we had met. may— plus.’’ How are we going to do it? They Mr. HOLLINGS. As one big charade, (1) increase the appropriate allocations and all have different ideas: ‘‘Surplus, sur- rather than save Social Security, they aggregates of new budget authority and out- plus.’’ The truth of the matter is there plan to privatize it. There is no ques- lays by the amount of new budget authority is no surplus. There is a deficit. We are tion in this Senator’s mind. provided by such measure (and outlays flow- spending $100 billion more than we are Mr. CONRAD. To privatize it or raid ing therefrom) for that purpose; taking in. it in some other way. We really do not (2) in the Senate, adjust the levels used for I thank the distinguished Presiding know. I was very interested to listen to determining compliance with the pay-as- the Senator from Texas say—say—that you-go requirements of section 207; and Officer. (3) reduce the revenue aggregates by the Mr. CONRAD addressed the Chair. they had reserved every penny of So- amount of the revenue loss resulting from The PRESIDING OFFICER. The Sen- cial Security surplus for Social Secu- that measure for that purpose. ator from North Dakota. rity. That is what we said. I want the Parliamentarian to listen Mr. CONRAD. Mr. President, let me Mr. HOLLINGS. That is what he said. to that one. I can tell you how he will thank the Senator from South Caro- Mr. CONRAD. Unfortunately, that is rule. He will say it means whatever Mr. lina. This country could have avoided not what the budget document pro- an awful lot of the pain of the 1980s and vides. It is very interesting; the Sen- DOMENICI says it means. What does that gobbledygook mean? Listen to 1990s if this country had listened to the ator from South Carolina probably this. I will read it again: Senator from South Carolina on budget knows better than anybody how one matters. There has been no Member of can play games with these documents. Whenever the Committee on Ways and It is fascinating what they have done Means of the House or the Committee on Fi- this body who has had a better handle nance of the Senate reports a bill or an on the budget problems of this country here, because on one line, they suggest amendment thereto is offered, or a con- than the Senator from South Carolina. that they have provided a lockbox for ference report thereon is submitted that en- Years ago, if we would have followed Social Security. That is on one line on hances retirement security through struc- the Hollings plan and put in place a page 16 and it runs on to page 17. But tural programmatic reform, the appropriate budget freeze, we could have avoided then on the bottom of page 17, in the chairman of the Committee on the Budget the massive deficits that came in the next section, they gut what they did may [blah blah blah blah]. 1980s and the early 1990s, and this coun- earlier on the page. This is the oldest He can do away with the pay-go rule, try would have been in a far better fis- budget game in the book: ‘‘Now you see he can cut the revenues, he can do cal position. it, now you don’t.’’ whatever he pleases. And that is what He has been an activist and a leader Mr. HOLLINGS. It is an old insur- my distinguished colleague from Texas on the Budget Committee of every ef- ance game. I remember that when I calls the finest budget he has seen, be- fort to provide fiscal discipline to this was Governor, we were trying to clean cause he doesn’t want this crowd to country. I venture to say, in this up the insurance industry in my State. read and understand what is going on. Chamber there is no single Member A new company was looking for a slo- Bring out the Roth IRA for the rich. who has made a greater contribution gan, and we finally came up with the Under this budget, pass a law, don’t moving this country from massive defi- winning slogan: ‘‘Capital Life will sure- care about the rules, don’t care about cits to now surpluses than the Senator ly pay, if the small print on the back pay-go, don’t care about any available from South Carolina. Senator HOL- don’t take it away.’’ monies. I say that IRA is for the rich LINGS has been, I think, a model of Now we have it all the way up here 35 because one American—to bring it into what a United States Senator should years later in the budgetary process of focus, Bill Gates, $51 billion—is worth be, in terms of budget discipline for the U.S. Government. more than 100 million Americans. One this country. This country owes him a Mr. CONRAD. I wish it were not the man in this society that we are devel- debt of thanks for the leadership he has case but, unfortunately, it is. We had, oping is now worth more than 100 mil- provided. I think, hoped—certainly the Senator lion Americans. Mr. HOLLINGS. If the distinguished from South Carolina and I—that we So there are a lot of people who do Senator will yield, he has been far too would be at a point where we really not have anything to say about this. generous. Our floor leader, Senator would reserve every penny of Social But you sort of enhance your security CONRAD of North Dakota, has really Security surplus for Social Security. and retirement—for the idle rich. been leading the fight for us in the We thought that is where we were Whoopee and the dickens with the pay- Budget Committee. That is why we are headed. Unfortunately, what our go rule, Mr. Parliamentarian. You able to get some semblance of some friends across the aisle have done is in- don’t have to worry about that. You discipline there. I hope, with the con- dicate that that is what they are doing, don’t have to worry about the loss of ference—maybe I could ask the Senator but that is not what the budget docu- revenue or anything like that, the rec- a question. Did they have a conference? ment says. No, no, no, they have onciliation process. It is reserved. Now Did the distinguished Senator from changed it all, and they have made it the Republicans can come on in and North Dakota go to a conference on the possible to continue the raid on the So- privatize Social Security, all under the budget? cial Security trust fund on a simple auspices of saving Social Security. Mr. CONRAD. Yes. I was on the con- majority vote which, of course, their It is still off on this public debt, as if ference committee. It went to the con- lockbox was intended to protect there is some difference from the na- ference. against. tional debt. Let me explain one more Mr. HOLLINGS. Oh, they had one. Unfortunately, what they say they time. When you pay down your public Mr. CONRAD. They had one, but they have done and what they have done are debt, you increase your Social Security did not have a budget there. It is most two very, very different things.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3731 Mr. HOLLINGS. They gave the key in the pudding. We can see what hap- pudding. My friends, Democrats passed for the lockbox to everybody save the pened to the deficit after that plan a plan in 1993, without a single Repub- Social Security recipients. passed in 1993. Each and every year the lican vote. Democrats did the heavy Mr. CONRAD. Social Security is deficit came down. In this last year, we lifting to get this country back on a clearly in danger. Clearly, the priority ran on a unified basis a $70 billion sur- fiscally responsible course. Facts are on the other side is a tax cut, a mas- plus, and we are headed for much larg- stubborn things. And the facts show, sive tax cut at all costs. That is their er surpluses if the projections come without question, that the Democrats priority. true. passed a plan that, in fact, restored fis- Looking at this budget, the budget On a unified basis, we ran a surplus cal health to this country. that is before us, the major problem last year. But remember, that counts It is true in 1997 we did get together with it is that it does not represent the all revenues and all expenditures. If we on a bipartisan basis to finish the job. priorities of the American people. I take out Social Security, because that I wish it could have been bipartisan in think the best way to understand this is a separate trust fund, we will see we 1993. But our friends on the other side is we now have projected a surplus over still ran a deficit last year of $29 bil- of the aisle said then that if you pass the next 10 years of $2.6 trillion. Our lion—if we take out Social Security— this plan, you are going to make the friends on the other side say all of the because it was in surplus by about $100 deficit worse. They said if you raise non-Social Security surplus—virtually billion. taxes, even if it is on just the wealthi- all of it—ought to go for a tax cut. The good news is, we are very close est 1 percent, that is going to collapse Nothing, not a dime out of that surplus to balancing without counting Social the economy. is for Medicare—not a dime—even Security this year, and in 2001, we an- They were wrong. Their economic though it is in greater danger than So- ticipate we will balance without count- prescription for this country was cial Security. They do not have the re- ing Social Security. That is an enor- wrong. And the facts clearly show that sources available for the high-priority mous, enormous development and enor- they were wrong. Thank goodness domestic concerns of education, health mous progress. there were people who were willing to care, defense, because if you look over You can see back in 1992, if we were stand up and cast very tough votes to time, they are going to have massive not counting Social Security, we had a cut spending and, yes, to raise taxes on cuts in those categories. They are dis- $340 billion deficit. That is the kind of the wealthiest 1 percent so we could guised, they are hidden, but they are progress that has been made, and it has get this country back on course. It there. been made because, as I indicated, we worked; and it worked splendidly. The Mr. President, I think perhaps it had a 1993 5-year plan that cut spend- results are dramatic. Not only have we would be useful to recount a little bit ing, raised taxes on the wealthiest 1 reduced the red ink and eliminated it— of the budget history, how we got to percent, raised income taxes on the no more running of deficits—but we where we are today and where we are wealthiest 1 percent, and in 1997, we also got remarkable economic results. headed. had a bipartisan deal. In that case, we We now have an unemployment rate This chart shows over the last 30 came together and agreed on a budget that is the lowest in 41 years. The years the budget history of the United plan to finish the job of balancing the other side said, when we passed the 5- States at the Federal Government budget. year plan in 1993, if you pass it, unem- level. We can see the last time we had This chart shows what the 1993 plan ployment is going to go up. Unemploy- a surplus was back in 1969, a little did and what the 1997 plan did. You can ment went down. Unemployment went bitty surplus of $3 billion. We bumped see most of the savings are the result way down, the lowest it has been in 41 along. Then we got into the seventies of the 1993 package. Again, our friends years. and the deficits started rising. Then we on the other side of the aisle—all of The other side said, the inflation got into the Reagan years and the defi- them, to a person—voted against it. rate, if you pass this plan, will go up. cits exploded. The bipartisan agreement was 1997, but They were wrong. The inflation rate We then had the Bush years and the most of the work has been done by the has gone down. We have the lowest rate deficits got even worse, so that on a 1993 5-year plan and that, in combina- of inflation in 33 years. unified basis—unified basis simply tion with the 1997 plan, has put us in But the good news does not end means all spending, all revenue put in this very favorable circumstance we there. one pot; that is a so-called unified face now. In addition, we passed welfare re- budget—and on a unified basis in 1992, I thought just for the record we form. In fairness and in truth, that was the last year of the Bush administra- should look back on what the deficits done on a bipartisan basis. We came to- tion, we had a $290 billion deficit. were under each of the last three Presi- gether on welfare reform. And the re- In 1993, President Clinton put before dents. sult, coupled with the good economy the Congress a 5-year plan to reduce With President Reagan, from 1981 that came from the 1993 budget plan, the deficit. We passed that plan. It was through 1988, we saw the deficits ex- that coupled with welfare reform, has done with all votes on this side of the plode. led us to the lowest percentage of our aisle. Not a single Republican voted for They went from $80 billion a year— people on welfare in 29 years. Look at that plan. Not one. That plan has re- that is the deficit he inherited—and this dramatic improvement in terms of duced the deficit each and every year very quickly he shot it up to $200 bil- the percentage on welfare in this coun- of the 5 years of the plan. In fact, now lion. Then we, at the end of his term, try. we are seeing a slight surplus. saw some improvement—back down to As well, Federal spending has come What did that plan contain? It cut about $150 billion. down because, as I indicated, in 1993, spending. It cut spending and it raised When President Bush came in, the part of that package was to cut the income taxes on the wealthiest 1 per- deficits exploded again, and went from growth of spending in this country. cent in this country. The Senator from $150 billion, as I indicated, up to $290 And we did even more in the 1997 bipar- Texas who was talking earlier opposed billion a year by 1992. tisan plan. So the two together, the that plan. He said, as did many on that Under President Clinton, as I indi- 1993 plan and the 1997 plan, have side of the aisle, that it would not cated, in 1993 we passed a 5-year plan; brought down Federal spending as a work. In fact, they said it would in- and we can just look at the results. In percentage of our national income to crease the deficit. They said it would 1993, the deficit was $255 billion. And its lowest level since 1974. So now we increase unemployment. They said it you can see each and every year there- are spending, as a percentage of our na- would increase inflation. They said it after the deficit went down under that tional income, the lowest level in 25 would be an economic disaster. They 5-year plan. We almost achieved uni- years of the Federal Government. were wrong. They were not just a little fied balance under that 5-year plan. Because we have reduced deficits and bit wrong, they were completely So the proof is in the pudding. Our gotten our fiscal house back in order, wrong. friends on the other side of the aisle debt held by the public has also de- The fact is that plan worked and talk about ‘‘sham’’ and ‘‘hoaxes,’’ and clined. We reached a debt, in relation- worked extremely well, and the proof is all the rest of it. The proof is in the ship to our gross domestic product, of

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In 1993, Social Security, but in the very next ought to be Social Security and ought when we passed that plan, we stopped line they undermine it all—they under- to be Medicare and, after that, we also the growth of the debt in relationship mine it all—they create a big loophole ought to have some money for high-pri- to the size of our income and reversed so that on a simple majority vote here ority domestic needs like education it. So now we have seen the debt come the Social Security fund can be raided, and health care, and, yes, tax relief. down to a level of 44 percent of our can be looted, just like it has been done But it is a matter of priority, and our gross domestic product. And we antici- for the last 15 years. That is wrong. friends on the other side of the aisle pate, if we stay the course that we are That is not the priority of the Amer- say the priority ought to be a massive currently on, we will get the debt down ican people. tax cut. to only 9 percent of our gross domestic The American people want to pre- This is the comparison for what hap- product in 2009. serve every penny of Social Security pens. Let me focus on the 10 years. The The budget before us threatens that surplus for Social Security. That is blue column represents what the Re- course. Because the colleagues on the what the Democrats offered in the Sen- publicans would do to pay down debt, other side of the aisle are so fixated on ate Budget Committee. In addition to and the red column shows what we of- a massive tax-cut scheme, they would that, we said the next $400 billion of fered as Democrats in the Budget Com- rather do that than to make this surplus ought to be reserved to mittee to pay down debt. A lot of peo- progress in reducing our national debt. strengthen and protect Medicare. Our ple might be as surprised by this, be- I think that is precisely wrong. I think friends on the other side have not pro- cause the Democratic plan paid down what we did in 1993 demonstrates that vided one penny of the projected sur- more debt than the Republican plan. We paid down more debt over the next taking debt burden down gives a great- pluses to strengthen Medicare. Instead, 10 years, by nearly $400 billion over and er lift to this economy than any tax- they say, let’s have this massive tax above what is in the Republican plan, cut scheme that anybody can come up cut scheme to benefit primarily the because we believe that is a key pri- with. That is not to say we should not richest and wealthiest among us. ority for the country. Now, the Senator from Texas says, have tax reduction, because we should. Again, our Republican friends think The question is one of priorities and you cannot love investment and not there is a different priority. They want proportion. Our friends on the other love the investor. That is true. I think to have this massive tax cut scheme. side of the aisle say—we have $2.6 tril- we all respect those who invest. We re- That is really what is most on their lion of surpluses projected over the spect those who save. We respect those mind. Unfortunately, because of this, next 10 years—there are only two prior- who are successful. The question is, they do not have, as I have indicated ities. Their two priorities are to safe- how do we use Government policy? before, one penny of the surpluses set guard $1.8 trillion of that for so-called Who do we benefit when we make deci- aside to strengthen Medicare, not a ‘‘retirement security’’—I don’t know sions? Do we use governmental power dime. They have what I call ‘‘the Re- exactly what that means. That entire to benefit the wealthiest among us? Is publican broken safe.’’ Here it is. You $1.8 trillion is generated by Social Se- that what we do? look in it and what do you find? There curity. It should be set aside for Social That is not what I favor. As I said, I is nothing there. Security. That is the plan we Demo- believe the first priority ought to be Now, with what they have done in crats offered in the Budget Committee. every penny of Social Security surplus the conference committee, we ought to We offered to safeguard every penny of for Social Security; that is, $1.8 trillion have this up for Social Security, too, Social Security surplus for Social Se- of the $2.6 trillion we now estimate will because, goodness knows, we could curity. That is $1.8 trillion. be in surplus over the next 10 years. find, after the clever game they have In addition, we said we also ought to But the next $400 billion we say ought played here in this budget document, put about $400 billion aside for Medi- to be used to strengthen and protect that we may go into the Social Secu- care. The budget that is before us does Medicare. That leaves another $400 bil- rity trust fund in the future and open not provide one penny of these pro- lion that would be available for high- the vault door and find there is nothing jected surpluses for Medicare —not one priority domestic needs under our plan, there, either. Because they have this penny. These are not the priorities of like education, like health care, and, set up so that they can raid every the American people. yes, defense and tax relief for the penny of the Social Security trust fund Instead, our Republican colleagues American people. surplus and put it over into private ac- say all the non-Social Security surplus, Our friends on the other side of the counts. They could do that. They could or virtually all of it—because you have aisle have a different view. They say, use it for a tax cut and call it retire- about $800 billion of non-Social Secu- yes, reserve the $1.8 trillion, but not ment security. Who knows what that rity surplus over the next 10 years— just for Social Security, no, not just means, ‘‘retirement security’’? If they they say, use virtually all of it for a for Social Security. They call it ‘‘re- wanted to reserve the money for Social tax-cut scheme. And the best descrip- tirement security.’’ If they want to re- Security, why didn’t they say it? tion we have of what they do with it is serve every penny for Social Security, Well, I guess if we wanted to be fair a 10-percent, across-the-board tax cut. why don’t they say Social Security? to them, they do say it, don’t they? On That is what the chairman of the Fi- Why have they come up with this new one line they say they are going to re- nance Committee has said he thinks term ‘‘retirement security’’? I think serve the money for Social Security, should be done. That is what their most of us know why they have done but they say, by a simple majority leadership in the House have said they that—because the Senator from Texas vote, you can overturn that. Before it think should be done. has a scheme to privatize part of Social was a supermajority vote. Now in the We have a different view of what the Security, and he wants the money re- dead of night they changed it, simple priorities for the American people are. served for his plan. He doesn’t want to majority vote, and now you can loot For that $2.6 trillion, we say every say reserve every penny of Social Secu- Social Security. You can raid it, be- penny that comes from the Social Se- rity surplus for Social Security. In- cause in the very next line, section 202, curity surplus ought to be reserved for stead, he wants to make people believe they created another reserve fund. It is Social Security. Interestingly enough, he is going to do that, but then he pro- clever. that is what was passed here in the vides a big loophole so that later on I don’t think it is going to work for Senate. But it went to the conference this year he can come along and raid them, because the American people are committee, and somewhere in the dead the Social Security trust fund for his too smart. They know the kind of of night they backed away from that plan to create private accounts. That is games that get played here in Wash- commitment; they backed away from what is really going on here. ington. that commitment and they came up None of us is fooled. They do not pro- This is one of the most cynical games with this very clever, very complicated vide anything, not a penny of these I have seen yet. In the Budget Com- little scheme. And this very com- projected surpluses, to strengthen and mittee, when we vote and the people

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3733 are there watching and the reporters But that is not what is in this budget this budget offers are vague statements are there watching, we vote to protect resolution. These are not America’s about reform. There is no talk about every penny of Social Security surplus priorities. These are the priorities of, investing in prevention benefits that for Social Security. That is the vote frankly, those who are getting ready to ultimately will save Medicare dollars. when everybody raised their hands in get a $20,000 tax break, and they are There is no language to improve the the Budget Committee. Maybe that is salivating. Of course, for the very program so that senior citizens and the the reason, when we held the con- wealthy, it is much more than this. disabled can take advantage of new ad- ference committee meeting between For those who have had good fortune in vances in biomedical research to im- the House and the Senate, the Members this country—and we are grateful for prove the quality of their lives and were there, but there was no budget that; it is one of the great things about their health. The priority of this budg- there. How can you have a meeting America, that people have had enor- et before us appears to be to simply about a budget and not have the budget mous advantages. The priority of this raid the Federal Treasury for an there? It was very interesting. There country isn’t to make those who have across-the-board tax cut. were no TV cameras there. We were had great success even more com- We need to follow the example of there, the Members representing the fortable; the priority of the American working families. We have a budget House and the Senate, but there was no people is to strengthen Social Security, surplus for the first time in decades be- budget document there. strengthen and protect Medicare, pro- cause of tough fiscal discipline and I think I now know why there was no vide for high-priority domestic needs wise economic investment. Just like families, we tightened our belt and re- budget document there—because they such as education and health care and, stored fiscal soundness to the Federal did not want this little trick revealed. yes, defense, and also to provide tax re- Government. We should now use this They did not want this little loophole lief. My Republican friends have just surplus to save for and invest in the fu- found out. They were hoping they had focused on a tax cut scheme. That is ture. These are simple choices: Invest buried this so deep in the document what is wrong with this budget at the in our children and save for our retire- that nobody would find it in time for most fundamental level. ment. That is the goal of most fami- this discussion and this debate and this I see that my colleague from the lies. vote. But we are going to vote, and we State of Washington is here. How much I also point out to my colleagues the are going to see who is ready to protect time would she like? unfortunate fact that the conferees, in Social Security and who has a mind to Mrs. MURRAY. I would like 15 min- the middle of the night, behind closed raid it later this year. We are going to utes. doors, stripped out important language see, by Members’ votes, who is com- Mr. CONRAD. Mr. President, I yield we had passed in the Senate regarding mitted to protecting Social Security 15 minutes to the Senator from Wash- women and Social Security. Based on and who is committed to protecting ington. my reading of the conference report, it Medicare and who isn’t. We are going The PRESIDING OFFICER. The Sen- appears that my language was dropped. to see whose priority is a massive tax ator from Washington is recognized for At the end of the report, there is a list- cut scheme for the wealthiest among 15 minutes. ing of all sense-of-the-Senate amend- Mrs. MURRAY. Mr. President, I rise us, because that is really what is afoot ments adopted during consideration of here. That is really what is afoot. today to express my deep disappoint- the budget, but there is no explanation What happens if you give a 10-percent ment with the budget we are going to from the managers as to the status of across-the-board tax cut? For those in be voting on today. And while I ap- these amendments. In addition, these this country who earn less than $38,000 plaud the efforts of the Republican amendments are clearly not part of the a year, they are going to get $99. That leadership to have a budget resolution, conference report pending before us. is going to be their tax cut. But for I believe that in the haste to get some- Mr. President, an amendment I of- folks who are earning over $300,000, thing out by April, we have put to- fered in committee and on the floor put they are going to get $20,000 of a tax gether a budget that really lacks any every Senator on the record as being cut. The Senator from Texas thinks sense of fiscal responsibility. committed to protecting the safety net this is a fair deal. I don’t think this is Mr. President, I urge my colleagues for women and making real change, to a fair deal. I don’t think this rep- to vote ‘‘no’’ on this conference report. pull more older women out of poverty resents the priorities of the American This report before us fails our families as we move forward with Social Secu- people. and it fails our children. This is the rity reform. My amendments were The other side is saying the priorities first budget for a new century, but it aimed at expressing our support of of the American people are to have a does very little to prepare us for the maintaining a guaranteed inflation- massive tax cut that would give a challenges we are going to face. It ig- protected benefit for women and work- $20,000 check to those earning over nores key investments in education, ing to reform benefit calculations for $300,000 a year in this country, send $99 health care, environmental protection, Social Security. The amendment I of- to those who have an income of less and child care. Regrettably, it ignores fered on the floor made it clear that, than $38,000, and not have one penny of our obligation to current retirees and through the process of Social Security the surplus available to strengthen those who will retire within the next 20 reform, we would recognize the sac- Medicare, and to leave vulnerable the years. rifices women make to take care of Social Security trust fund that every- Mr. President, I have listened to their families. body says ought to be inviolable, ought many of my colleagues who talk about I was proud to offer these amend- not be touched, that every penny ought returning the people’s money to the ments and had hoped that instead of to be set aside to redeem the promise people, and I could not agree more. We just talking about taking care of made by Social Security. should allocate part of the surplus to women in the course of Social Security That is what I thought we were going saving Social Security and Medicare. reform, there would be a solid, bipar- to do. That is what the Democrats of- Hard-working Americans have paid tisan commitment to addressing the fered in the Senate Budget Committee. their FICA and Medicare payroll taxes unique economic situation faced by We offered a plan that said of the $2.6 with the understanding that when they most women today. But it seems that, trillion of surpluses, take the $1.8 tril- reach the age of 65, or become disabled, once again, the needs of women have lion that comes from Social Security they will be guaranteed Social Secu- been ignored or forgotten. With no and dedicate every penny to Social Se- rity benefits and Medicare. Social Se- women on the Senate Finance Com- curity. curity and Medicare allow the elderly mittee, I wanted a strong statement Take the next $400 billion and use it independence and dignity in the years from the Senate that the real interest to strengthen Medicare. Take the final spent after a lifetime of work. We must of women who depend on Social Secu- $400 billion and use it, yes, for tax re- reserve part of today’s surplus to honor rity would not be negotiated away. I lief, but also for high-priority domestic this commitment, and this budget does wanted to be sure that all Members un- needs such as education and health not do that. derstood the changing dynamics of the care and, yes, defense. Those are Amer- We all know that Medicare is in real workforce and the difficult choices ica’s priorities. crisis. Yet, the only recommendations women must make every single day.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3734 CONGRESSIONAL RECORD — SENATE April 15, 1999 Women make decisions in their thir- tionary programs in education, social It is vital that we make improve- ties and forties for the welfare of their services and job training. ments for child care; the provisions of families, like raising children, only to Where will the axe fall? The Senate’s this conference agreement are a begin- find out in their sixties and seventies budget specifically focused on subfunc- ning to real progress. that this sacrifice has cost them their tion 501—K–12 education. But after But Mr. President, the glimmer of economic security in old age. A sur- working with the House, this con- hope offered by the language on viving spouse can also face a dramatic ference proposal now is silent on K–12 childcare is not enough reason to sup- change in her standard of living imme- education as a specific subfunction. port the FY2000 Budget before us and I diately following the loss of her hus- Can we then assume that our public urge a no vote on the Conference Re- band. schools will bear the burden of these port. Under the unrealistic limits set Women, on the average, give 11 and a cuts? Or will the cuts be in other im- under this budget, as a member of the half years of their working lives to portant areas? The list is long. Will it Appropriations Committee, I know we their families. They jeopardize their be Head Start or national service, job will be unable to protect the real con- long-term economic security and re- training or juvenile justice, student aid cerns of working families. Our hands tirement income to meet the imme- or nutritional programs? will be tied when it comes time for us diate needs of children or aging par- The American people in over- to invest in important priorities like ents. A surviving spouse can see a re- whelming numbers support increased education, health care, environmental duction of as much as 50 percent of her funding for education. The Congress of protection, agriculture, biomedical re- Social Security income following the the United States has not yet heard the search, and early childhood develop- death of her husband. Is this the re- message. This budget conference agree- ment. ward women deserve for caring for ment does not place education as a Mr. President, finally, I commend their families? Social Security reform high enough priority. Among other Senator LAUTENBERG for his leadership gives us the chance to make things things, this budget completely ignores in attempting to work for real progress right for working women and protect the pressing need to continue in the and for a true fiscal plan that will their guaranteed benefit. We owe this national effort to help local school dis- guide us in the new millennium. I know to all families. tricts hire 100,000 new, well-qualified he shares my disappointment in this Unfortunately, when given the teachers. resolution. But I thank him for the tre- chance to assure women that their in- In the classroom, when students won- mendous amount of work and leader- terests and real economic situation der why their teacher is not prepared ship he has given us on the Budget would not be forgotten, it would appear to help them learn math and science— Committee as we move forward. that the Republicans have now turned they can look to this budget. When Thank you, Mr. President. their backs. The failure to include my they are stuck in an over-crowded Mr. President, I suggest the absence amendments will only make me work classroom, they can look to this budg- of a quorum, and I ask that it be equal- harder to educate women and to fight et. When they learn that there will be ly divided. for women during the debate on Social less student aid this year than last The PRESIDING OFFICER (Mr. Security reform. year, they can look to this budget. ALLARD). Without objection, it is so or- I will not let the administration or When the American people see that dered. Members of the Senate off the hook. fewer children are graduating with the The clerk will call the roll. There is no greater threat to women skills they need to participate in our The legislative assistant proceeded and families than a Social Security re- fast-changing economy, they can look to call the roll. form proposal that ignores the eco- to this budget and the short-sighted Mr. GRAMS. Mr. President, I ask nomic disadvantages still faced by priorities of the 106th Congress. unanimous consent that the order for working women and older women. I A small bright spot in this otherwise the quorum call be rescinded. hope that all working women and older bleak budget is the important expan- The PRESIDING OFFICER. Without women are watching the debate on So- sion to child care funding. The Senate objection, it is so ordered. Who yields cial Security reform and taking note. overwhelmingly supported the Dodd time? Mr. President, I also want to say child care amendment to the budget Mr. DOMENICI. I will be pleased to again how disappointed I am in this resolution. I cosponsored that amend- yield whatever time the Senator wants. budget process. When I decided to serve ment, and while only part of it was re- Mr. GRAMS. Less than 10 minutes. on the Budget Committee, I wanted to tained, I think we have the beginnings The PRESIDING OFFICER. The Sen- return some common sense to our fis- of real, bipartisan progress on child ator from Minnesota. cal policy. I wanted to bring the voice care funding. Mr. GRAMS. Mr. President, I rise of working families to the table, and I What the Senate supported yesterday this morning to support the budget don’t think this budget passes the test. in an overwhelming 66–33 vote, was a conference report. Before I speak on It is seriously flawed when it comes to historic first step that would have in- the report, I would like to take this op- the issue of education. creased child care funding by $12.5 bil- portunity to commend the Senate Ma- When I talk to my constituents lion over 10 years—nearly doubling our jority Leader and Chairman DOMENICI about education and the efforts of Con- federal investment in quality child for their outstanding leadership in gress, most people are very surprised care. crafting and delivering this well-bal- and angered to learn that less than 2 What the Senate is being asked to anced budget proposal. percent of overall Federal spending support today is not the complete Dodd I believe this budget blueprint is a goes to education. They think edu- amendment, but with a $3 billion in- great achievement of this Congress, cation should be a higher priority, that vestment in the child care and develop- and it will ensure our continued eco- we should improve and increase edu- ment block grant, and $3 billion in tax nomic growth and prosperity in the cation spending, and so do I. incentives, we are making a good start. new millennium. Instead, other than an increase for Child care questions are becoming Protecting Social Security, reducing the Individuals with Disabilities in more and more pressing for more par- the national debt and reducing taxes Education Act—an important $500 mil- ents every day. With concerns about af- are imperative for our economic secu- lion increase that I think we all sup- fordability, quality, and access—and rity and growth. Our strong economy port—we will see cuts in education with more low-income parents going has offered us a historic opportunity to funding, and cuts in other important into the workforce—the needs are achieve this three-pronged goal. areas in social services and job train- changing and increasing. More child This budget conference report has ing. care is needed during ‘‘off hours’’—such showed us how we can provide major Even with the increase for IDEA, this as evenings and weekends. More child tax relief while preserving Social Secu- budget agreement assumes $200 million care is needed in rural settings, im- rity and dramatically reducing the na- in other funds—or $700 million if IDEA pacting transportation, work sched- tional debt, as well as providing suffi- is included—in cuts below a freeze that ules, and the amount of licensed family cient funding for all necessary Govern- would have to come from other discre- child care providers. ment functions.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3735 President Clinton has proposed to Americans. They should benefit from justify all Government funds are wisely spend over $158 billion of the Social Se- the surpluses they are paying in rather spent. curity surplus in his budget over the than allowing Washington to stand In closing, cutting taxes, reducing next five years for unrelated Govern- first in line saying, ‘‘Let’s spend your the national debt, and reforming and ment programs, instead of protecting money rather than giving it back.’’ protecting Social Security and Medi- Social Security. Remember the phrase, The logic for tax relief is fairly sim- care at the same time are all possible. ‘‘Save Social Security first’’? That is ple. Despite a shrinking Federal deficit It is not either/or. It is not either So- not in the President’s budget. and a predicted onbudget surplus, the cial Security or giving tax cuts. We can This budget conference report in- total tax burden on working Americans do all with what we have in the budget. cludes a safe-deposit box to lock in today is at an all-time high. Americans This budget conference report has every penny of the $1.8 trillion Social today have the largest tax burden ever showed us how we can do it. Security surplus earned in the next 10 in history—even larger than during The bigger challenge facing us now is years to be used exclusively for Social World War II—and the tax burden is that we must have the strong political Security. still growing. will to follow through on this budget. Stopping the Government from raid- Federal taxes today consume about We must defend the principles and pri- ing the Social Security Trust Funds is 21 percent of the total national income. orities highlighted in this budget blue- an essential first step to ensure Social A typical American family now pays print through the entire appropriations Security will be there for current bene- about 40 percent in total taxes on ev- and reconciliation processes, as well as ficiaries, baby boomers and our chil- erything they earn. That is more than in other legislative initiatives during dren and grandchildren. it spends on food, clothing, transpor- the first session of this Congress. I was pleased to join Senator ABRA- tation, and housing combined. So they Mr. President, I look forward to HAM and others to offer an amendment are spending more to support Uncle working with my colleagues to achieve during the Senate floor consideration Sam than they do on the basic neces- the goals set forth in this budget. that made this our number-one pri- sities of life. It is still imperative to Again, I commend the Senate majority ority under this budget. provide tax relief for working Ameri- leader and also committee Chairman It is also notable, that under this cans and address our long-term fiscal DOMENICI for putting this budget to- budget, the debt held by the public will imbalances. gether. be reduced dramatically, much more Not only does this budget fund all Thank you very much, Mr. President. than what President Clinton has pro- the functions of the Government, but it I yield the floor. posed in his budget. also significantly increases funding for Mr. LAUTENBERG. Mr. President, I This budget conference report re- our budget priorities, such as defense, yield 15 minutes of our time to the serves nearly $800 billion of the pro- education, Medicare, agriculture, and Senator from Illinois. jected non-Social Security surplus— others. The PRESIDING OFFICER. The Sen- those are the tax overpayments of Although I have reservations about ator from Illinois is recognized. working Americans—earmarking $800 some new spending increases, including billion for tax relief. This is the largest this conference report, I think overall Mr. DURBIN. Mr. President, I thank tax relief enacted since President Rea- the report is well balanced. the ranking Democrat on the Senate gan’s tax cuts in the early 1980s. This conference report also retains Budget Committee, Senator FRANK As one who has long championed the Senate-passed amendment that LAUTENBERG, who has announced his major tax relief, I am pleased all Sen- Senator GRASSLEY and I offered. This retirement. He is headed for the last ators supported my resolution to pro- provision would reserve up to $6 billion budget roundup. This is the second to tect this tax relief in the Budget Reso- for crop insurance reform. Including the last stop. I have one more year lution. this funding increase in the budget with FRANK LAUTENBERG as spokesman My language offers options for mid- conference report is an important step, on that committee who has made an dle-income tax relief such as broad- I believe, in realizing our goal of real enormous contribution to the com- based tax relief, marriage penalty re- crop insurance reform to help ailing mittee, his State, to this Nation, and lief, retirement savings incentives, farmers. certainly this budget deliberation. We death tax relief, health care-related One of the promises made during the are going to miss him. He has done a tax relief, and education-related tax re- debate of the 1996 farm bill was that great job for America. lief. Congress would address the need for a I have known for many years the The purpose of the provision is to as- better system for crop insurance. Last chairman of this committee, Senator sure the American people that we have year, we witnessed devastating cir- DOMENICI of New Mexico. When I was a made a commitment to major tax re- cumstances come together in my home member of the House Budget Com- lief, and that there is room in this State of Minnesota to create a crisis mittee, his reputation was well known. budget to fulfill this commitment atmosphere for many of our farmers He has been a deficit hawk for as long while protecting Social Security and and for farmers around the country, as as I have known him. I am sure he has Medicare, providing debt relief and re- well. We also saw the current Federal some sense of relief today dealing with specting some new spending priorities. Crop Insurance Program fail for far too a budget that is in much better cir- I am particularly pleased, Mr. Presi- many farmers. Funds for crop insur- cumstances than it was a few years dent, that this budget conference re- ance reform are the best dollars we can ago. That is due in no small measure to port has retained my proposal which spend to help American agriculture, his contribution. Though I may dis- could allow us to lock in for immediate and this is a far better way to assist agree with him on this particular budg- tax relief any additional on-budget sur- farmers than any of the spending that et resolution, it does not diminish my plus as re-estimated in July by the we have included in the emergency respect for what he has done in this Congressional Budget Office for fiscal spending bills. We need to pass this. budget process in demanding honesty. I year 2000. Finally, Mr. President, unlike Presi- hope he will continue on that pursuit, I believe this is solid protection for dent Clinton’s budget, which, again, and I hope we will share goals in the the American taxpayers. I thank the has broken the spending caps by over near future. I am looking forward to Senate majority leader and, again, $22 billion, this budget maintains the doing just that. Chairman DOMENICI for retaining this fiscal discipline by retaining the spend- Mr. DOMENICI. Mr. President, I important provision in the budget con- ing caps. There are those who claim we thank the Senator very much. I appre- ference report. cannot avoid breaking the caps as we ciate his comments very much. As the economy continues to be proceed to reconcile this budget. I say Mr. DURBIN. Mr. President, having strong, we may have more revenue if we do our job to oversee Government said all these wonderful things about windfalls to come in the next 10 years programs, we will know which areas Senator DOMENICI, I am going to tell that are above and beyond the Social can be streamlined and which program you what is wrong with his budget res- Security surplus. We must return these funding can be shifted to new prior- olution, and he is not going to be a bit tax overpayments to hard-working ities. Let’s make sure we do our job to surprised by all that.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3736 CONGRESSIONAL RECORD — SENATE April 15, 1999 There are a few things where we do proposal before us today does not put Our tax cuts are geared to make cer- disagree. As Senator GRAMS of Min- away a single penny—not one cent—for tain that we meet our obligations first nesota just mentioned, there is over- Medicare. It does not extend the life of to Social Security and Medicare, and riding concern by all of us about the the trust fund by a single day. That, I then to the American working families future of Social Security. I think Sen- think, is an abdication of responsi- who most deserve them. It is still a ator CONRAD on the Democratic side of- bility, not just to the 40 million seniors mystery as to what the Republican tax fered a very novel, imaginative, and who depend on Medicare but to their cut will be. I am not sure. Perhaps we positive contribution to this debate children who want their parents and will have an explanation of it some- when he suggested we lock up the So- grandparents to live in dignity and time later today before we vote on this cial Security surplus for Social Secu- without worry about medical bills. budget resolution. rity. If we ignore Medicare, we are ignor- But, in fact, we have heard one pro- This would be done by requiring that ing a looming crisis. This budget reso- posal from JOHN KASICH, the chairman an extraordinary vote of 60 votes would lution does not address it. We will be of the House Budget Committee, about be required to spend the Social Secu- hearing from the other side about how a 10-percent, across-the-board tax cut. rity trust fund surplus for anything this budget resolution ‘‘fully funds What would that tax cut mean? It is a other than Social Security. We under- Medicare.’’ But a fully funded Medicare good day to ask the question—on April stand Social Security is a solid cov- is still going to go bankrupt in just 16 15. enant between generations. Without it, years. The truth is, this budget does For those with incomes under $38,000 16 million more Americans would live not do anything substantial for the a year, the Republican tax cut of Mr. in poverty, and Social Security is the Medicare system. It could leave it KASICH is $99 a year. That is almost principal source of income for two- withering on the vine from neglect. $8.25 a month that people will have to thirds of older Americans and the only This chart indicates the difference in spend under the Republican tax cut, if source of income for nearly one-fifth of approach between the Republican side they happen to be among the 60 percent our seniors. in blue and the Democratic side in red of working Americans who make less This trust fund will go bankrupt in about the dedication of surpluses for than $38,000 a year. Think of it—a Re- the year 2034 when people like myself, Social Security and Medicare. publican tax cut that might pay half of if we are lucky to be alive, will be part You can see a substantial difference your cable TV bill each month. Isn’t of the huge baby-boom generation between the two; in the years 2000 to that something to look forward to? But if you happen to be in an income looking to a smaller pool of American 2004 composite—the first graph—and category in the stratosphere—over workers to sustain us. That is why the then later the 2000 to 2009 composite. It indicates the different dedication of $300,000 a year—a 10-percent tax cut is actions we take today for the future of funds to make certain Medicare is in- $20,697. Social Security are so critically impor- cluded in any plan that is a part of this So the people with the money are tant. given the tax cuts. The folks who are I am afraid the Republican alter- budget resolution. Let me speak for a moment about tax working to raise their families and pay native in this budget resolution is not cuts, too. As I have said many times, their bills, under this Republican tax- nearly as good as Senator CONRAD’s there is just no more appealing phrase cut plan, get $99 a year. I do not think suggestion of a 60-vote lockbox. I am for a politician than, ‘‘I favor a tax that is fair. April 15 is a good time to afraid we have fallen short of the mark cut.’’ People cheer, ‘‘Oh, we love you. talk about taxes. I want to remind my when coming to guaranteeing the fu- This is great.’’ But we have to be hon- wife to get the forms in the mail before ture of Social Security in this budget est with the American people. Some midnight back home. We want to make resolution. politicians in the past have talked sure we do file our taxes on time, as all There is another element, though, about, ‘‘Read my lips: No new taxes.’’ Americans should. But I hope that we that is even more mystifying. There is The American people learned a lesson will take a minute to reflect on the tax an old poem that goes something like there. They want honest talk about burden in America and what has hap- this: taxes. They do not want promises that pened to it. As I was walking up the stair, I met a man cannot be kept or promises that we The median family income in Amer- who wasn’t there. He wasn’t there again ica—that is the average—is $54,000. If today. I wish that man would go away. should not keep. The Democratic plan has targeted tax cuts, after we dedi- you look at the tax burden on working The man I am talking about is Medi- cated funds for Social Security, after families in America over the last 22 care. The problem with Medicare will we dedicated funds for Medicare. We years, you will see an interesting thing not go away. The Medicare trust fund kept a substantial portion aside for tax has occurred. The taxes had gone up in is expected to go bankrupt in the year cuts targeted for the American fami- the early 1980s, and then started com- 2015. If that is not bad enough, as baby lies truly in need. ing down; and then look where they boomers like myself retire, the strain That would include USA accounts, have dropped by 1999—the lowest tax will become even greater. By 2034, the the President suggested, so that more burden in 23 years. number of Medicare beneficiaries is ex- working families can save for retire- Anyone writing a check today will pected to double to almost 80 million ment. say, ‘‘I wish it was even lower,’’ but the American seniors. Long-term care tax credits, think of fact is it has been coming down. The The Democrats had a proposal to deal how many people are worried about U.S. Treasury reports a family of four, with that. The Democrats came for- their parents and grandparents now in with the median income of $54,900, will ward and said we should dedicate a sub- nursing homes or in need of special pay the lowest percentage of its income stantial portion of any future surplus care. This $1,000 tax credit would be a in taxes since 1976. It shows that many to go to Medicare so that in addition to helping hand to literally millions of families with half the median income— reforming Medicare, we would be put- Americans in that predicament. these are folks making about $27,000 a ting our surplus funds into it so that it The child and dependent care tax year—let me show this chart here— would be strong for many years to credit, we proposed $6.3 billion to help some of our hardest working families, I come. Our lockbox proposal for Medi- pay for child care. We want Americans might add—will actually pay no in- care would save $376 billion of the to work. But while they work, we want come tax at all or get a check back budget surplus for the next 10 years, their children to be in safe and loving from the government. They have an av- and it would extend Medicare solvency hands. And that means quality day erage income tax burden of a negative by 12 years to the year 2027. care and stepping in to help low-in- 1 percent. Their overall tax burden is By locking these funds away, we come families so they can pay for that the lowest in more than 30 years. This make sure the country will have time day care. And a tax credit for work-re- chart indicates it is the lowest in 35 for a serious debate on the future of lated expenses for people with disabil- years. A family of four can make up to Medicare reform while we are certain ities. This will defray special employ- as much as $28,000 and not owe a dime that it is going to be solvent. Unfortu- ment-related costs incurred by those in taxes. nately and sadly, and almost without people with disabilities, such as trans- Incidentally, one of the reasons many explanation, the Republican budget portation and technology costs. of these family tax burdens are lower is

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3737 because of our expansion of the earned we can to make sure that our pregnant The PRESIDING OFFICER (Mr. FITZ- income tax credit in 1993. This tax mothers and their children, at their GERALD). The Senator from New Mex- credit focuses on helping working fami- earliest age, are off to a healthy, nutri- ico. lies. tious start? This Republican budget Mr. DOMENICI. Mr. President, I What a contrast: A Republican pro- resolution will cut over 1.2 million low- yield myself as much time as I use. posal by a Congressman from Ohio for income women, children, and infants First, let me speak to those who are a tax cut to benefit the wealthiest; the from the WIC Program. How can that wondering what the time sequencing is earned income tax credit designed to make this a better country? and when we might vote. We know of help working families. It really tells a And when it comes to some basic only one additional Senator on our side world of difference in philosophy when things, we all abhor drugs in America who wants to speak, and that will be it comes to tax cuts. and drug crimes, and yet with this Senator SLADE GORTON. I understand The interesting thing is if you look budget we will be forced to cut the that we know, in fact, where he is. He at those who are doing pretty well in number of Border Patrol agents who is at a committee hearing, but as soon America, those making twice the me- are trying to ferret out those smug- as he comes, he will be our last speak- dian income; that would be over gling narcotics into America. So 1,350 er. We are anxiously waiting to see how $109,000 a year. Their tax burden is also fewer Border Patrol agents, 780 fewer many more there are on the other side, declining. The average Federal tax bur- drug enforcement agency personnel out and we are hoping that in all events we den of a family of four with twice the there fighting the war on drugs—think will be through debating this budget median income is the lowest it has about that for a second. Does that resolution within an hour or less. That been since 1988, and the second lowest will set a time certain that is accom- make any sense? More drugs in Amer- since 1977. modating to the leaderships in terms of ica, so we would have more people ulti- We back these figures up by an anal- when we vote. ysis, not from some Democratic Party mately committing crimes and going Having said that, let me just com- organ but, rather, the accounting firm to prison because we give a tax cut to ment a bit with respect to a few things Deloitte and Touche, a group recog- the wealthiest people in this country. that have been said by the distin- nized as reputable in the field. Their This is upside down thinking and a rea- guished Senator from Illinois. analysis shows that the average Fed- son why many of us question its wis- Mr. President, I suggest the absence eral tax rate is lower today than it was dom. of a quorum. 20 years ago for virtually every type of Funding eliminated for 21 Superfund The PRESIDING OFFICER. The taxpayer. sites; 73,000 summer jobs and training clerk will call the roll. We want to continue that, target the opportunities cut. The assistant legislative clerk pro- tax cuts to the families that need it The list goes on. ceeded to call the roll. the most, but it is not in this budget Cuts in food safety. You ask the Mr. DOMENICI. Mr. President, I ask resolution—an approach which is so American people, what do you expect unanimous consent that the order for general as to suggest we would be giv- of your Federal Government? In the the quorum call be rescinded. ing tax cuts to the wealthiest among State of Iowa a poll said: The first The PRESIDING OFFICER. Without us instead of those who work the hard- thing is to make sure the food we eat objection, it is so ordered. est, the working families struggling to is safe to eat. People are concerned Mr. DOMENICI. Mr. President, I rise put their kids through school. about that. They hear about scandals to speak a few words to the Senate and We are going to face a crisis here on where children eat tainted food, or the anybody interested with reference to this budget debate, and it will come elderly do, and get seriously ill, if not some of the comments made by my good friend from Illinois, Senator DUR- soon. I am afraid when we take a look die, and yet we cut back in the Depart- BIN. I do mean that. He is a very new at the Republican budget resolution, ment of Agriculture in areas of food member of our committee, and I find with tax cuts for wealthy people, we safety. How can we possibly rationalize him to be a very dedicated and hard- are going to find ourselves cutting and explain that in the name of giving working Senator. I reciprocate with back on a lot of spending. Some on the greater tax cuts to wealthy Americans? my compliments to his work and ef- Republican side have stood up and very Let me close by saying that I respect fort. honestly said that is OK, ‘‘We believe the hard work that has gone into this that cutting back on Federal spending I do believe we have a propensity on budget. I respect the serious difference the floor to argue and, in many cases, is good at any cost.’’ I have second of opinion between the Republican side thoughts about that, because some of to exaggerate so as to prove our point. and the Democratic side. Let me make sure that the American the programs which we will cut with I think ours is a more balanced and this budget resolution are critically people understand the tax cut we are rational approach. It takes care of the talking about. important to many American families. future of Social Security. It provides As a result of this resolution, as It is projected that in the next dec- help for Medicare where the Repub- many as 100,000 fewer American kids ade we will have $2.5 trillion in surplus lican budget resolution provides none. would have access to Head Start—Head money coming into the Federal Gov- It provides tax cuts for families that Start— that early childhood develop- ernment. Let’s for a moment under- really need it and doesn’t give tax cuts ment program where kids get a chance stand basically what that means, $2.5 to the wealthiest among us. It also pro- to prepare themselves for kindergarten trillion. The entire budget of the vides that we will have the money and first grade. One-hundred thousand United States for everything is about available to meet the basic needs of more kids in America would be off the $1.8 trillion a year. We will have a sur- America when it comes to educating program as a result of this budget reso- plus that dramatically and extensively kids, feeding pregnant mothers and lution. exceeds the total amount we are spend- Another program, that is near and children, providing for the kind of law ing annually for all programs of gov- dear to my heart, the WIC Program— enforcement that is essential for the ernment. Women, Infants, and Children Pro- security of this country. Where did that $2.5 trillion come gram—brings in pregnant mothers, I hope that before this is all said and from? It did not drop on us from outer mothers with young children, and helps done, President Clinton can bring the space, nor did a big rain cloud come them with nutritional assistance dur- leaders on Capitol Hill, the Republican over and rain came down and it was ing the pregnancy and after the chil- leaders in the Senate and the House, full of dollars and that is where the $2.5 dren are born. One out of four Amer- together and that we can work out trillion in surplus came from. I think ican babies is in this program. Lower- some reasonable bipartisan com- most people, if given three or four income families need this helping hand promise. I am afraid this budget resolu- things they could choose from, would to make sure their kids get nutritious tion does not reflect that, and that is choose the right answer—the taxpayers food and so that the mother is healthy why I am going to respectfully oppose paid it in. The taxpayers pay $2.5 tril- when she delivers the baby. it and vote against it. lion more in the next decade in taxes Is there any better investment of I yield back the remainder of my than we need to run government based money in this country than doing what time. upon a reasonable program.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3738 CONGRESSIONAL RECORD — SENATE April 15, 1999 Obviously, if you believe there is a ple: Don’t worry about the taxes you we have extended the life of Medicare, never-ending need for government are paying in and the excess; we have it Part A—that is the hospitalization spending, then you can whisk away all taken care of; we are going to spend part in the trust fund—for 8 years with- that $2.5 trillion and say, let’s spend it. it. out Congress doing a thing. The cur- Frankly, for all of the desires of the As a matter of fact, it is most inter- rent program lives for 8 years longer American people, they are not crazy. In esting; the President of the United than expected just 6 months ago be- fact, they understand implicitly what States spent in the first 10 years $158 cause the economy is powerful. is going on. When, in fact, you have billion of the Social Security surplus Now, almost everyone knows we have this kind of excess taxes being paid in, for programs. to reform, change, make better, make there is a difference, dramatic dif- Unequivocal. Nobody denies it. The more efficient the Medicare program. ference, between the two parties. The President’s OMB people don’t deny it. There are some who would like to de- Republicans say don’t grow govern- They say that doesn’t matter because posit $400 billion in the trust fund of ment, give the money back to the tax- over many years we are going to save Medicare and let it sit there as IOUs payer. the money for Social Security, but we for the future, without first deter- That is what all this argument is will spend some of it in the first dec- mining what does Medicare need or, to about. What do you do with that ex- ade. In fact, that $158 billion is in the put it another way, without any reform cess, which is more money per year and first 5 years of the budget—it is going or changes in Medicare. None. That is per the next decade from the tax- to be spent. what it contemplates. And an exten- payers, all taxpayers, than we need for Having said that, the other issue that sion of the trust fund is contemplated our current budget plans? seems to always come up is, if you are by just pouring that money in and tak- You could invent new budget plans, I going to give tax cuts, it just has to be ing IOUs. It isn’t spent. It extends the say to the occupant of the Chair, and that the Republicans are going to take life of Medicare some 8 or 9 years, and spend every cent of it. Or you can do care of the rich people and not the mid- it doesn’t contemplate or envision re- something as wild as the President has dle income and family people, because form. It doesn’t pay for prescription recommended, which not even the Sen- there have been various Senators and drugs. And, incidentally, as an aside, ate believes is responsible—indeed, House Members speaking about what anybody who would like to ask the both sides. You can take a huge chunk they might want. I will remind every- OMB of the United States, the Office of of that money and put it into the Medi- body listening to that kind of stuff on Management and Budget, the Congres- care trust fund without reforming or the floor, you should know that that sional Budget Office, the Comptroller changing Medicare, just put it in there budget resolution, by operation of law, General, ask them if the President paid and put out, as the President did, 15 does not say how the taxes will be cut. for prescription drugs in his budget— percent of that surplus in IOUs. The It says how much. And in the processes zero. He suggests we might want to do IOUs have value, because what are the of the Congress, later on—in fact, that sometime as part of reform. IOUs? The IOUs are postdated checks under this budget, it is in July of this Now, one Democrat Senator said, which are going to come due at some year—the tax-writing committees, ‘‘Republicans want to raid the Federal point. after hearings, after citizen input, after tax treasury for a tax cut.’’ Now, isn’t Who is going to pay for them? It is talking with Senators from both sides that an interesting concept? Raiding the American taxpayer who is going to of the aisle, will produce the tax bill. the Federal Treasury for a tax cut. have to redeem them in 10, 15, or 20 That will be the time to decide what is What is the Federal Treasury? What is years, because it is just a postdated in it. And it is actually a red herring to the Federal Treasury into which the check. You understand that, but if they talk about what is in that tax bill—be- taxpayers are paying $2.5 trillion more understood it, they would say: What is cause we don’t know—as a justification than you need for Government? What this all about? We thought we were fix- for not having any tax cuts. But that is the Federal Treasury? ing Medicare, reforming it and making doesn’t sound right, does it? Well, it is My friends, the Federal Treasury be- it more efficient. Sometime out there right. longs to the American people. It does in the future, those IOUs are going to Those who use the argument that it not belong to the Government. If we re- come due, and we are going to have to is going to be a bad tax bill, so don’t duce the size of Government and there pay them. New taxes are going to have have any tax cut, are essentially say- is money left over and we say let’s give to be imposed. ing we don’t want to give you a tax cut it back to the public, are we raiding What do the Republicans think? Re- because we don’t know what will be in the Treasury of the United States, or publicans think that during the next it. But I will tell you what the budget are we giving back to our citizens the decade you ought to take every single resolution says. That is the best I can overpayment they have paid in income solitary penny of Social Security sur- do. It recommends that such tax relief taxes that is lodged temporarily, or plus, which is part of that $2.5 trillion could include any or all of the fol- housed in the U.S. Government? that I have been talking about, and put lowing: an expansion of the 15-percent I wonder how the people who are it in a position in the budget where it bracket, marginal rate reductions, a hurrying today to the post offices try- can’t be spent for anything other than significant reduction or elimination of ing to get their tax returns in would senior needs. the marriage tax penalty, retirement feel if they knew that over the next 10 There are arguments that isn’t savings incentives, estate tax relief, an years as they file their returns, they enough for Medicare, that we don’t pro- above-the-line income tax reduction are overpaying the Government; and, vide for Medicare in this budget. Let for Social Security payroll taxes, tax as a matter of fact, if you add it all up, me just tell you what we do provide. incentives for education, parity be- they are paying $2.5 trillion over cur- We provide $462 billion more in that tween the self-employed and corpora- rent expenditures. I think they would trust fund than the President did, and tions with respect to tax treatment of be wondering, what is the U.S. Treas- he heralded his budget as being respon- health insurance premiums, capital ury? We thought maybe it was ours. sive to the proposition that every sin- gains taxes, and fairness for family In summary, we think we have a very gle penny of trust fund money would be farmers. good plan to enter the millennium. If deposited in the trust fund for Social Now, that is what we are discussing. the President would like to enter that Security, excepting he had a nice little Do we want to allow some or all of that millennium with us, that would be funny thing in there. That was over 15 to be debated and looked at? That is great. Everybody listening and every- years—we never have budgeted like why we have a tax provision in this body who follows budgets should know that—which meant that he only put 62 budget resolution. that there has not been a vote in this percent of the Social Security surplus Let me just quickly go through one Congress, or in our Committee on the into a Social Security accumulating other thing and then summarize what Budget, on a Democratic budget. They trust fund, and then he did this IOU we have done. First, in the Medicare don’t have to produce one. When I was business with Medicare. Essentially, it program, by virtue of a good economy, in the minority, I didn’t produce a is as if there is a plan, an intentional meaning high unemployment, a lot of budget every year. So everybody will approach to say to the American peo- people paying into these trust funds, know, we didn’t vote on a Democrat

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3739 budget; we voted on the President’s We will have cut the national debt in the USA accounts, the Universal Sav- budget. While there was a lot of argu- half by creating that surplus and set- ings Accounts that will go to people ment about whether we were voting on ting it there. We have reduced the na- with $100,000 a year and less, and give it or not, that is what it said—that we tional debt in half, substantially more them incentive to save by having were voting on it. Now it will be inter- than the President reduced the na- matching funds from the Federal Gov- esting to know what results from that tional debt. We think that is very, very ernment. It will make life good for our vote: No, every member of the com- good for our future. people. That is the kind of tax cut we mittee; Yes, zero members of the com- I might say it is obvious that a num- ought to be talking about. mittee. ber of our domestic accounts, aside But that is not an across-the-board Now, if in fact it was a great budget from those that we treat with priority tax cut that we hear talked about. And on Social Security, a great budget on and that I have just stated, will go up. my friend from New Mexico says it is Medicare—just those two—if it was It will be very difficult to do all of the premature to criticize the tax cut por- great on those, Democrats would have things Government is currently doing tion of this; we don’t know what it will voted for it because, after all, it is and meet this budget. In the appro- look like. pretty clear that is what they believe priated accounts of our Government, I have listened to Congressman KA- to be the biggest issue going. They between defense and nondefense, it is SICH and others wax eloquent about the didn’t vote for it. now about 30 percent of the budget, and importance of an across-the-board cut, Now, what this budget does is save it is going to be hard for those ac- and we know what that means. It will Social Security and puts in a trust counts to fit within this very tightly mean $99 back for most of the people fund $462 billion more than the Presi- and stick to the balanced budget num- earning approximately $40,000 a year or dent put in, and the number is $1.8 tril- bers. But it was my opinion, with the less. But for those in the very high lion. You can’t spend it. It is there. Senate of the United States, with one brackets, those who earn $800,000, we You can’t use it for tax cuts, that is for Democrat supporting us and the rest of are talking about $20,000 a year back. sure. As a matter of fact, we will soon us on our side unanimously voting for Mr. President, $20,000 back to some who earn more than $300,000, the top 1 vote on legislation to lock it up so that this, that we thought the best way to percent, is that something that we can it can’t be used without 60 votes. approach a successful American econ- truly say is going to bring the Amer- Save the Social Security trust fund omy was to stick to the balanced budg- ican dream to the people who do not first. That is the No. 1 plank, the No. 1 et plan in terms of people believing we have it? I don’t get it. That is more priority in the budget. Second, make meant what we said—that we were than people make on a minimum wage, sure we have done everything we can to going to ‘‘ratchet down’’ Government who sweat and toil every day—at the promote Medicare reform and see to it and make sure we had a credible plan minimum wage. And we have had great that we do have the resources for it. to do it. objection every time we tried to raise We have done that. I am not going to Having said that, if Senator GORTON repeat the three or four things in the the minimum wage. does not arrive shortly, I will be able I don’t even get into the people who budget and just say those were No. 1 to tell Senator LAUTENBERG that we make $1 million a year. High-wage and No. 2. Three, we have dramatically don’t have any other speakers. We will earners are good people. They have increased national defense. Everybody check with him right now so I can in- worked hard. But I don’t find when I understands that. If they didn’t under- form the Senator. talk to them that they are saying to stand it 2 weeks ago, they ought to un- Mr. LAUTENBERG. Will the Senator me, ‘‘Senator, you have to give us more derstand it now. The costs that we are yield for a few minutes so that the Sen- money back.’’ They are doing well. incurring in Kosovo now, over and ator from California can have 10 min- They are doing well in the stock mar- above defense spending we con- utes now while we are waiting for Sen- ket. They understand that this country templated year by year, are astronom- ator GORTON? does well when you bring everyone ical. We soon may have to add to that, Mr. DOMENICI. Sure. Of course. along. in an emergency, as much as $5 billion. Mr. LAUTENBERG. I yield 10 min- So I have a problem. And if we went on for a whole year, de- utes to the Senator from California. Let me give you another clue as to pending upon which kind of activity we The PRESIDING OFFICER. The Sen- why I believe these tax cuts will go to have had, the number could be more ator from California is recognized. those at the very, very top of the lad- than twice or three times that amount. Mrs. BOXER. Mr. President, I thank der. If you look carefully in this budget So we have increased it substantially. my chairman, Senator DOMENICI, and proposal and they talk about taxes, In our prioritizing, in our setting my ranking member, Senator LAUTEN- they go out of their way to mention forth what we think should be paid for BERG, for yielding me 10 minutes of cuts in estate taxes—taxes that are first, we have increased education $3.8 time. paid when someone dies. Mr. President, billion in the first year, $38 billion over Mr. President, I have served on the almost ninety-nine percent of the peo- the next 5, beyond that requested by Budget Committee since I came to the ple in this country will never have to the President. Our only hope is that Senate. That was almost 7 years ago. pay an estate tax. In other words, we none of that money will be used unless In the House I served for the maximum have exempted much income from the we have a new approach to public edu- period allowable on the House Budget estate tax. Here we see the Republican cation funding, and that we would send Committee, 6 years. So I have seen majority fighting again for the top 1 the money down to the locales with budgets come; I have seen budgets go. I percent of income earners. ‘‘flexibility and accountability.’’ Those have seen good ones, bad ones, middle- Mr. President, I offered a very simple are the two new words we want to at- of-the-road ones. And I have to say amendment in the committee. Do you tach—to give them flexibility and that my heart is heavy as I look at this know what it said? If there are going to make them accountable. Don’t tell budget. My heart is heavy because I be tax cuts, the substantial benefit them how to use it because one shoe think it is not a good roadmap for our should go to the first 90 percent of in- doesn’t fit everything in the school dis- future. come earners. The Republicans didn’t tricts from East to West and North to I say that because I think this budget want to vote on that. As a matter of South in this great land. fixates on tax cuts to the wealthy, to fact, my chairman, whom I respect and We have sustained and added to all of the exclusion of other important crit- like and admire, said, you know, last our criminal justice activities, and we ical priorities such as Social Security, year that was a good idea; this year it have added $1.7 billion to veterans’ hos- Medicare solvency, and the environ- is not a good idea. They wouldn’t take pital care, substantially more than the ment. Under this proposal, virtually all that. They substituted some other lan- President, because we think that is one of the onbudget surplus would be used guage. Then when we got to the floor of of our real values in this country—to for tax cuts. Tax cuts are good and I the Senate, guess what. They didn’t take care of veterans’ health benefits. certainly do support targeted tax cuts want to vote on it. They accepted it I may have missed one thing or two. to people who need it, such as the kind only to drop it in the conference. But I will summarize the effect of all of of program we unveiled yesterday at So this budget fixates on tax breaks that. the White House with the President, for the people who do not need them.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3740 CONGRESSIONAL RECORD — SENATE April 15, 1999 And even bipartisan votes were dropped What does retirement security mean? cation, we turned our back on the envi- in the conference. It is hard for me to It could mean anything. You could ronment. This is a budget that I do not understand how this is a good roadmap argue you give a tax cut to someone believe the American people will sup- for our future. Education, yes there is earning over $300,000, that will help port. a good increase needed in education. him with his retirement. Not only I don’t hear the American people say- But every single amendment that was that, if we want to break out of the ing give tax breaks to the people who moved forward, such as the one from lockbox, it looks to me like they only earn over $300,000, $500,000 or $1 million our ranking member on school mod- need 51 votes to do it. They don’t save a year. I don’t hear them saying that. ernization, was dropped in the con- Social Security. They do nothing for Do you know what I hear them say- ference. Medicare. ing—keep up fiscal responsibility and My language on after school, which I was surprised to hear my chairman give help to the people who really need we know works for our children—and say, ‘‘Without doing anything, the that help so they can climb up that we have so many local districts that economy is good, Medicare is doing economic ladder and this country can want that program—was dropped in the great.’’ Medicare needs attention. We truly be all it can be. conference. Why? The new thing: We are living longer—that is the good I yield back my time to Senator LAU- don’t want to tell local districts what news; the bad news is there are strains TENBERG. to do. Mr. President, these programs on Medicare. We should have put The PRESIDING OFFICER. The Sen- don’t tell local districts what to do. We money into that program. ator from New Jersey. simply make funding available if they My chairman was right, we never of- UNANIMOUS-CONSENT AGREEMENT believe after school is a priority, if fered a Democratic alternative budget. Mr. LAUTENBERG. Mr. President, I they believe school modernization is a We had amendments on every one of have a unanimous consent request that priority, if they believe putting more these issues. My ranking member of- the list of those who are going to speak teachers in the classroom is a priority. fered them on every one of these issues. on the budget be identified as follows: The new words are ‘‘flexibility’’ and We know where we stand. We said we Senator WELLSTONE, Senator GORTON, ‘‘accountability.’’ How is it holding want Medicare funding from the sur- Senator HUTCHISON, Senator JOHNSON, anyone accountable if you give them and Senator LAUTENBERG. money and you don’t even tell them plus put into a lockbox, too, because we think Medicare, as well as Social Once these Senators have spoken, I you think they ought to look at after ask unanimous consent that all debate Security, are safety net issues that school, or you think they ought to look time on the pending conference report need to be addressed. at lowering the number of children in be yielded back. I ask further consent the classroom? We were elected be- The point is they don’t do in this budget what they should do for Social that the vote occur on adoption of the cause we have views on these subject conference report at 2 p.m. today. I in- matters, not just to simply write a Security and Medicare. They don’t do in this budget what they should do for clude in that unanimous consent re- blank check and say, ‘‘Oh, take the quest that after those Senators have working men and women. They don’t money. We don’t care.’’ Do with it spoken, the request then include a pe- do anything for the environment. what you will: Put a new carpet in the riod of morning business with Senators Senator CHAFEE, a Republican Sen- administrator’s office, have him hire a ator, had his language dropped. Yes, permitted to speak for up to 10 minutes new assistant, put a shower in his of- they put $200 million in from one ac- each. fice. I don’t think that is the way we The PRESIDING OFFICER. Without count to another but the language that ought to legislate. We ran on these objection, it is so ordered. directing that the money be used for issues. We understand them. If we Mr. LAUTENBERG. I yield such time land and water conservation stateside don’t, we don’t belong here. as needed to the Senator from South I am not going to give a blank check spending was dropped. There is no in- Dakota, up to a maximum of 15 min- to some school administrator. I am struction here. utes. going to say, look, this is what we have Senator JOHNSON, who will be speak- Mr. JOHNSON. Mr. President, I available for you if you feel these are ing shortly, and I worked together on a thank Senator LAUTENBERG for his your priorities. Do Members know who very important amendment to set up leadership on this budget resolution. set that standard, that kind of model? mandatory spending for the environ- As a member of the Senate Budget Dwight David Eisenhower, Republican ment, for a land and water conserva- Committee, it has been an honor and, I President in the 1950s who authored the tion fund, for the purchase of open have to say, also, unfortunately, some- National Defense Education Act, who space. It was bipartisan, adopted in the what of a frustration to have partici- said there is a shortage of math teach- committee and was dropped in the con- pated in this process in the committee ers and science teachers; the Federal ference. and to see now what has come to the Government will help you pay to train I point out Senator MURKOWSKI has a floor. those teachers—a Republican Presi- bill on this matter, I have a bill on this I am saddened that what could have dent. He didn’t say, ‘‘Here, take the matter, several other Republicans and been a watershed opportunity for the money, we don’t care what you use it Democrats have bills on this matter. American people—to lay out a budget for.’’ He said there is a national prob- We were simply making room for the that makes sense, which establishes lem here, let’s address it. environment in this budget and it is the proper priorities for the coming We know there is a national problem, gone. This is a roadmap that I do not years—apparently is going to be missed as the Senator from New Jersey knows, think is a good roadmap for America and profoundly missed in a very unfor- fixing up the schools. We know there is today. I am very sorry to stand here tunate way. a national problem, no afterschool pro- and say that because I believed we had It is remarkable how we arrived at grams, our kids get in trouble. We an opportunity to do some very good this point. When I first came to the know there is a national problem, too things because we are on such strong Congress as a Member of the other many children in the classroom. We fiscal ground. We had a chance to do body some 12 or 13 years ago, I had simply try to put some language in and some important things. We are going some doubts that I would ever see the it gets dropped in the conference. to see huge cuts in domestic spending collapse of the Soviet Union, the fall of Yes, my chairman is right: There is a as these numbers go over to appropria- the Berlin Wall, or debate how to uti- huge difference between Democrats and tions. They are hidden in this budget lize a Federal budget surplus, but here Republicans. More and more I realize right now, but as soon as you get over we are. We do have that opportunity, this. All you need to do is look at this to appropriations it is going to be very, last year having been a surplus year, at budget to find it. They don’t save So- very difficult. There will be cuts in do- least under a unified budget. And this cial Security. They put it in a lockbox mestic priorities. year, which ends September 30, the pro- for 1 year. They have language that I will vote against this budget. We jections are that we will be at least mandates that the Social Security sur- had an opportunity to work together; $130 billion in the black for this coming plus be used only for the payment of we didn’t do it. We didn’t save Social fiscal year. Again, let me be clear that Social Security benefits, retirement se- Security, we didn’t save Medicare, we in the unified budget, all of those sur- curity, or to reduce the Federal debt. didn’t talk about the real needs in edu- plus dollars are attributable to Social

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3741 Security, lest anyone gets too carried American people overwhelmingly re- I am pleased because the amendment away about spending the surpluses that jecting what has become the Repub- that Senator WELLSTONE and I offered are here in the near term. lican budget agenda in the House and on the Senate floor, which would have It seems to me that throughout this the Senate. The Republican agenda is resulted in a total increase of $3 billion debate that there are four principles lopsided—not balanced, thoughtful, or in VA health care funding and which that ought to be followed as we craft a progressive—and it does not do the was accepted here, has been, for the roadmap for where we go from here, things the American people want to see most part, retained. This conference from this fork in the road that we happen. All of the money essentially report calls for a $2 billion level of in- thankfully have come to. This cross- goes toward tax relief, aside from an crease. That is not as much as I would roads follows on the heels of the 1993 increase in defense and a couple of like to see or Senator WELLSTONE budget agreement and was supple- other assorted very narrow increases. would like to see. It is not what our mented by the 1997 budget agreement, Because of this budgeting, we are going veterans’ groups would like to see. It is both of which I voted for. It seems to to wind up by the year 2004, which is an improvement, however, over where me we ought first protect Social Secu- only 5 years down the road, with cuts this body was earlier. It will make a rity and Medicare—not just Social Se- growing from 11 percent this year to significant positive difference. We will curity, but protect them both. some 27 percent. These are, in effect, come back and see what we can do in It seems to me that a significant por- shutdown types of cuts for programs future years to augment funding for tion of resources that we come into like Head Start and Meals on Wheels veterans’ health care. But I think get- ought to be used to pay down already- and toxic waste cleanup and for ting $2 out of $3 billion when we start- existing debt. When Jimmy Carter con- Women, Infants, and Children, and Bor- ed with zero is progress. It is a step in cluded his Presidency, this Nation had der Patrol, not to mention community the right direction, I would have to an accumulated debt of around $1 tril- health clinics, environmental initia- say. lion. That exploded to $5.5 trillion, tives, funding for our national parks I want to share with Senator BOXER mostly through the borrow-and-spend and rural development. All of these my profound disappointment at the de- policies of the 1980s. Now we have an programs are at tremendous jeopardy letion of the Land and Water Conserva- obligation to pay that debt down, re- because of the very one-sided, very lop- tion Fund Reserve Fund. This was an duce debt service, reduce the cost of sided, and, I think, unthoughtful ap- opportunity we had. We had bipartisan money, and free up resources for the proach that we are being presented on support in the Budget Committee and private sector so buying a house, buy- the floor of the Senate today. bipartisan support on the floor of the ing a car, sending a kid to college, and On top of that, while there is some Senate to have the opportunity to set provision for an increase in education expanding a business become more af- aside offshore drilling resources to be funding in this budget resolution, it is fordable. utilized for the benefit of the environ- Third, we do need to look at tax re- far smaller than that included in the ment and our National Park System in lief, but we need to do so in a careful Senate budget resolution; the increase this country. Yet we are going to be de- manner. We should not commit dollars of $2.6 billion is now only $259 million nied that opportunity because of the that we do not have, those that are for fiscal year 2000. This budget puts only projected far, far into the future. out of reach our ability to deal con- deletion of that provision from this There is talk on this floor about how structively with the need to renovate budget resolution. No matter how we we are going to spend surpluses avail- and build new schools, to provide the come together in future debates, au- able to us 15 years down the road, sur- numbers of new teachers we need, and thorizing legislation about reinvigo- pluses of massive proportions. We have to supply the technology we need in rating our park system with some addi- seen in the past what has happened our schools. tional resources from oil revenues, we with budget projections from both the In my State of South Dakota we are are not going to have the opportunity OMB and CBO. We know the avail- seeing bond issue after bond issue go to be as effective as we could have ability of those dollars may or may not down all across the State because peo- been. So I am disappointed about that occur. It seems to me a great deal of ple find they simply do not have the re- portion of the conference report as restraint ought to be used on the part sources to make the investments in well. of both political parties, for both school facilities that need to be made. It is remarkable that we arrived at spending and tax relief, when making Yet we are walking away from what this point where we can talk about sur- plans premised on dollars that may or could be a very constructive and com- pluses. There are many people who are may not be available in the future. monsense partnership—where the deci- no longer with us because they voted, But I do believe over the near term sionmaking is left at the local school with courage and with integrity, for we ought to try to design a budget level but the financial partnership is past budget-balancing legislation— package that will provide some level of among Federal, State, and local gov- most notably the 1993 budget agree- tax relief for people in this country, ernments—that could make quality ment that passed with no support from primarily for middle-class and working educational opportunities for our kids any Republican in either the House or families. There is a very legitimate a realistic possibility in the next cen- the Senate. A great many Democrats role to be played for a tax relief pack- tury. lost their seats because of that vote. age, but it can only be part of an over- The situation is similar for child Yet now we find ourselves not with the all strategy. care. While the Senate accepted the $292 billion annual deficit that this Last of the four items that I think we amendment of Senators DODD and JEF- country had 6 years ago but with a $131 need to take into consideration are the FORDS that provided an additional $12.5 billion surplus. key investments that need to be made. billion over 10 years for existing President Bush, to his credit, sup- I think the American people feel the childcare and development block ported the 1990 budget agreement. I same way. The American people want grants, the conference report cuts that have to say, in all candor, a contrib- some tax relief, but they also want to by $9.5 billion. So, again, we are denied uting factor to his loss of the Presi- see Social Security and Medicare pro- the ability over the long haul to make dency was the fact that he supported tected. They also want to do some the investments needed, even in a the precursor to our 1993 budget agree- things for our schools, environment, block grant fashion. It leaves the deci- ment. Again, in politics sometimes, no kids, and communities. It is that kind sionmaking and flexibility to the good deed goes unpunished, and that of balanced agenda that makes some States to invest in the kinds of pro- has been the case with some of our past sense. To repudiate the ability to make grams that I think every American budget legislation. the key investments that need to be sees need to be made for our kids— I will have to say now we are at this made, I think, reflects an ideological afterschool programs, day-care pro- watershed opportunity. There are some orientation to this budget that is far grams. These are the things we need to positive provisions in the budget reso- away from where the American people do if we are going to invest in the lution, and I applaud the sponsors for are. minds of children so they can go on to that. I applaud Senator DOMENICI for There is little wonder in my mind, have successful lives and take care of that. But there are so many missed op- frankly, why poll after poll shows the their own needs. portunities; a roadmap to where the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3742 CONGRESSIONAL RECORD — SENATE April 15, 1999 American people want to go simply is American taxpayers. I would like to your neighbors better to spend your not there. This is not a Republican or share with the Senate a few telling own money on your own needs and pri- Democrat issue. I think commonsense, facts about the nature of that tax bur- orities than bureaucrats in Wash- moderate, mainstream Americans den today. ington, DC, will ever be able to do. know where they want to go—pro- A recent Congressional Research This is one reason that I so strongly viding some tax relief but also paying Service study found that an average favor this budget. This budget sets down some debt; making key invest- American family will pay $5,370 more aside every penny of the Federal budg- ments in our kids, our communities, in taxes over the course of the next 10 et surplus generated from Social Secu- and our schools. Those opportunities, years than the Federal Government rity into a lockbox for the purpose of unfortunately, in this roadmap are needs to operate under the budget reso- strengthening that Social Security sys- lost. lution that we adopted just a year ago tem for the future, but it provides that I yield such time as I may have. and this even after assuring that all we will return any additional surpluses Several Senators addressed the our obligations to Social Security and in the form of tax reductions, up to Chair. Medicare have been met. $142 billion over the next 5 years and The PRESIDING OFFICER. The Sen- Next, the Independent Tax Founda- $778 billion over ten years, to the peo- ator from Washington. tion found that this year Americans on ple who have paid those taxes. Mr. GORTON. Mr. President, I yield average will work 129 days to pay off What form of tax relief are we talk- myself such time as the majority has their total tax bill imposed at Federal, ing about? I must confess that I do not as I may utilize. State, and local levels, while my Wash- know. Congress will debate that later Mr. President, here in the Congress ington State taxpayers will have to this year. Four major proposals, how- of the United States, this April 15 can work even longer, 132 days on average. ever, are: eliminating the marriage tax be a day for modest congratulations for Third, American workers now pay penalty, ending or reducing the death us. We will have passed a budget reso- more in Federal, State, and local taxes tax, reducing capital gains taxes, and lution on the day mandated by the than for food, clothing, and shelter an across-the-board cut in income tax Budget Act for only the second time in combined. rates. more than 2 decades. And fourth, the Federal Government While I certainly am not able to pre- Moreover, we will be adopting a collects more in taxes than ever before, dict what the final tax relief bill will budget resolution that balances the look like, I hope that it will include budget not only for the 1 year in which currently nearly 21 percent of Amer- some elements of all four of these pro- it is firmly binding, fiscal year 2000, ica’s gross domestic product, the high- but we hope for at least a decade to est percentage since World War II. posals. But the important point is that These are simply facts, not argu- come. this budget resolution allows that de- We will be adopting a budget resolu- ments. Reasonable people can agree bate to take place, allows the Congress tion that does more to secure the fu- that Americans are having to turn over to permit the American people to spend ture of our Social Security safety net too much of their hard-earned dollars their own money, return it to them in than has any budget resolution since in taxes. Tax relief is not a question of the form of tax relief, as against the the Budget Act itself was passed, first, need, it is a question of justice. Is it proposal of the President and the Vice by assuring that the entire Social Se- right and just for citizens from President to increase taxes so that curity surplus is used to pay down the Wenatchee to Woodinville to Walla they can determine where that money debt and not to be spent on a wide Walla to work more than a third of the is spent. range of other matters, as was rec- year just to pay their taxes? I think I must also say, incidentally, at least ommended by the President’s budget not. that I am every bit as committed to re- itself and, second, by calling for a Unfortunately, President Clinton and placing our current Federal income tax lockbox to see to it that the condition his Vice President GORE proposed in code as I am to reducing that tax bur- of preventing the Social Security sur- their budget to increase—that is right, den. It is time to scrap it. It is too plus being used for any other purpose is a net increase in taxes of $96 billion complicated, too burdensome, too un- permanent and not temporary only. over the next 10 years. You might won- fair. We need to focus our attention in Second, this budget resolution offers der why a President and Vice President Congress on developing an alternative. real tax relief to the American people. want to raise taxes when we already That alternative needs to be fair, sim- In that connection, it is especially ap- have the highest burden since World ple, uniform and consistent. It is that propriate that we will be adopting this War II. Why do they want to raise support on my part that has led me to budget resolution on time. taxes when the Federal budget is oper- cosponsor the Tax Code Termination Today, of course, is tax day. April 15 ating in a surplus? It should be no sur- Act. The bill would sunset the current is the day that the complexity and in- prise considering that ever since they income tax code, except for those fund- comprehensibility of our mammoth were sworn into office in 1993, they ing mechanisms for Social Security Federal Tax Code hits home to almost have not proposed a net tax cut. In and Medicare, by December 31 of the every American. Today, my constitu- spite of the fact that President Clinton year 2002. It would require a simple ma- ents in Washington State and, of and Vice President GORE campaigned jority vote by Congress to reinstate the course, citizens all across the United in 1992 on the promise of a middle-class current code if agreement on a replace- States rush to the post office, as I did tax cut, they ignored that promise and ment code cannot be reached. But the myself this morning, to get their in- promptly increased taxes by as much real points are two: It makes abso- come tax postmarked on time. as any administration in the history of lutely certain the need to scrap the I think it is appropriate to address the United States. current Tax Code, and it will act as a my own hopes and the intentions of Why? It is very simple. In his State catalyst to jump-start debate on a new this budget resolution that this Con- of the Union Address, President Clin- one. gress will act on tax relief and perhaps ton proposed 77 new Federal programs. Mr. President, Americans deserve a begin to look forward to an even more Why does this administration believe Tax Code they can understand and pre- fundamental tax reform. that the Government needs to spend dict. Today, about the only thing Families whom I represent in the more money on so many new pro- Americans can predict about the Tax Northwest deserve a rebate from the grams? Because the President and the Code is that they will send a big check Federal budget surplus in the form of Vice President do not trust the Amer- off to Uncle Sam by April 15, and about tax relief, allowing them to decide how ican people to spend their own money the only thing they understand is that best to use their hard-earned dollars. I wisely. They believe that they can the IRS will find them if they do not. also believe that it is time to scrap the spend it better. This should change, and it is why I current Federal income tax code as I disagree. To the taxpayers in towns am working to help pass a tax relief being far too complicated, too burden- across my State and across the United bill and why I will be working in favor some, and too unfair. States, I say that the Republicans who of a new Federal Tax Code that is fair, Let me discuss for a few moments the are adopting this budget do so because simple, uniform, and consistent. But a reasons for providing tax relief to they trust you and your family and true debate on tax relief, a chance to

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3743 say exactly what it is we want, depends to do it. The Republican response to poor—the poverty being involuntary— on a budget resolution which calls for the family farmers in Minnesota who that he or she should spend their or requires it. are going under is, ‘‘Spend your money money more wisely. They do not have This budget resolution does so, Mr. more wisely, because we’re going to any money to spend wisely. I doubt President. This budget resolution is on give you a tax cut that will enable you whether we are going to cut the Na- time. This budget resolution says to to spend your money more wisely,’’ tional Institutes of Health budget, but the American people: We will secure while people go under. we are certainly not going to increase Social Security for you; we will bal- Mr. President, I meet families in it. ance the budget so the economy can Minnesota and families all across the So to my colleague, who is no longer keep growing; but the money that is country when I get a chance to travel. on the floor, talking about ‘‘Spend not needed to meet the requirements of And one of their top issues, one of the your money wisely,’’ you say to people the agreements that we made a year most important issues they have, is af- who are struggling with Alzheimer’s or ago or 2 years ago is going to be re- fordable child care. It is a huge issue, breast cancer or Parkinson’s disease or turned to you in the form of tax relief. not just for low-income, not just work- diabetes—and I can list many other ill- Mr. WELLSTONE addressed the ing-income; I am talking middle-in- nesses as well—all sorts of people come Chair. come families. He is 30; she is 28; they to Washington, and they try to get The PRESIDING OFFICER. The Sen- have two children. It costs them more money spent for research for the ator from Minnesota. $12,000, $13,000 a year for child care— cure to these diseases, to the point Mr. WELLSTONE. Mr. President, I not to mention the fact that way too where we have one group of people thank you. high a percentage of these child-care struggling with an illness pitted I think what I will do is pick up on centers really are not that great. Some against another group of people strug- the comments of my colleague from of them are downright dangerous. The gling with an illness. It is just horrible. Washington because otherwise you just care is not necessarily developmental And we are saying to these people, we come to the floor and you have some- child care, and the people who work are going to have these backloaded tax thing that is well rehearsed; and it is there are severely underpaid. cuts over the next 10 years—‘‘Spend better, I think, to respond to what So what are we saying to working your money more wisely.’’ other Senators have said. That makes families in our country, in Minnesota, In all due respect, I think, even for more of a debate, though I find it in New Jersey, or in Illinois, who can’t though the Chair of the Budget Com- frustrating to speak on the floor of the afford child care? We are saying, mittee is one of the Senators whom I Senate because it is sometimes hard to ‘‘Spend your money more wisely.’’ I have the most respect for—he is really engage in debate. have news for you: For a typical fam- kind of my working partner when it On the question of spending money ily, a young couple making $35,000 a comes to the mental health work—this more wisely, the tax cuts that my col- year, with $12,000 child care expenses, budget resolution and the priorities of league talks about, he mentioned the this does not work. this budget resolution are not con- What about for the children? What first 5 years, $143 billion over 5 years. sistent with what I would call the sort about for the children? I am glad to It will be $778 billion over 10 years. It of basic core values of the American hear of my colleague’s concern for So- is backloaded. It is really not what I people, of people in this country, of cial Security. And I am glad to hear would actually call fiscally responsible people in Minnesota. that the Democrats are also focused on People want to see some investment or very conservative. Medicare, unlike my colleagues on the in children. They do not want to see The theory is to get the money back other side of the aisle. But in all due Head Start cut. They do not want to to the people. ‘‘You can spend it more respect, it is our children who are see WIC cut. They do not want to see wisely.’’ Here is my question. I do not going to be in the next century. The backloaded tax cuts over the next 10 know about Illinois, but in the State of next millennium is going to belong to years, most of it going to high-income, Minnesota, only 35 percent of senior our children. And we have close to one wealthy people. And people get it; they citizens, 35 percent of Medicare recipi- out of every four children under the know that we have to be fiscally re- ents—there are probably close to age of 3 growing up poor in our coun- sponsible. They want the deficits gone. 700,000 Medicare recipients in our try, and one out of two children of They want to see us focus on Social Se- State—have any prescription drug ben- color under the age of 3 growing up curity to make sure it is solvent. We efit coverage at all, only 35 percent. poor in our country today; and because know we absolutely should be com- It is not uncommon to talk to an el- of this budget resolution, with all of mitted to Medicare. And then with derly woman or a couple and find that these tax cuts and all of these caps, we what we have, we ought to make the they are spending up to 30, 40 percent are going to see a lot of these domestic kind of investments that make sense of their monthly budget just on pre- programs taking a hit of about $43 bil- for our Nation. scription drugs. They cannot afford it. lion. Where do we want to be in the year So we have a budget resolution here So what are we saying? We are going 2050? If you want to have a solvent So- that says to the senior citizens in Min- to cut Head Start? We are going to cut cial Security system, then you want to nesota, ‘‘Spend your money more wise- child nutrition programs? We are going have the children who are small today ly. If you can’t afford prescription drug to cut the Women, Infants, and Chil- as adults who are independent, produc- costs, spend your money more wisely.’’ dren Program? Where are we going to tive, highly trained, morally caring There is a disconnect here. This is why cut? I do not understand the distorted men and women. And you are not going this Republican budget resolution is priorities of this budget resolution. to get there if you are going to leave going to be in big-time trouble with There is an old Yiddish proverb that one-fourth of the children of America people in this country. It does not says: ‘‘You can’t dance at two weddings behind. make any sense to people. at the same time.’’ You can’t have all Where is the investment in these To senior citizens in Minnesota, this of these backloaded tax cuts, the vast children? Where is the investment in budget resolution says, ‘‘When it comes majority of which are going to flow to these families? Where do we want to be to prescription drug costs that put you people with very high incomes—that in the year 2050? On every single issue under, spend your money more wisely.’’ has always been the record of my Re- I can think of, Social Security, Medi- When it comes to family farmers who publican colleagues—and make your care, our country doing well in the have been buffeted about, and many of investment in the Pentagon, and do international economy, economic per- them destroyed by the ‘‘freedom to what you say you are going to do for formance, economic growth, reducing fail’’ bill—a great bill for multi- Social Security, and at the same time crime, reducing violence, you would national corporations, a terrible bill make any investment in the health and want to make sure that we do our very for family farmers—when we come to skills and intellect and character of best by all of our children in the the floor and say we have to get farm children. We are going to cut programs United States of America. And you income up, we have to take the cap off for children. know what? This budget resolution the loan rate, and then it gets scored By the way, as to ‘‘Spend your money fails that test, and therefore I will vote by CBO, we are told we cannot afford wisely,’’ do not tell some child who is against it.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3744 CONGRESSIONAL RECORD — SENATE April 15, 1999 I yield the floor and suggest the ab- follow the general outlines of the budg- less than 3.5 percent. So when some of sence of a quorum. et that Senator DOMENICI has put be- our colleagues come running to the The PRESIDING OFFICER. The fore us. We will make sure Social Secu- floor wringing their hands about giving clerk will call the roll. rity revenues are reserved exclusively tax breaks when we ought to be spend- The assistant legislative clerk pro- for Social Security benefits. We will ing all this money, as the President ceeded to call the roll. safeguard the current Social Security wants to do for new programs, let me Mr. CRAIG. Mr. President, I ask system for today’s seniors and for say to them that we are only offering a unanimous consent that the order for those who plan to retire in the near fu- 3.5-percent tax reduction against the the quorum call be rescinded. ture. highest taxes in the history of our The PRESIDING OFFICER (Mr. Mr. President, I, like you, have just country, and we are offering it over a VOINOVICH). Without objection, it is so returned from my State and from the 10-year period. Frankly, it is nowhere ordered. Easter recess. While I was there, I held near what I hoped it would be, but it Mr. CRAIG. Mr. President, under- what I think is the beginning of a se- clearly moves us in the right direction. standing the order, I ask unanimous ries of town meetings that I will hold This budget continues. The American consent to speak on the budget for up across the State on Social Security and people demanded fiscal discipline and to 10 minutes. its need for modernization. I invited responsibility in 1994 when they The PRESIDING OFFICER. Without seniors in high school and senior citi- changed the character and culture of objection, it is so ordered. zens to attend, and they did in large the Congress and they said quit build- Mr. CRAIG. Mr. President, today I numbers. I was extremely pleased not ing deficits and get your fiscal house in rise in support of the conference report only by their turnout but by their will- order and control the size of Govern- on the budget resolution. I extend my ingness to listen and react and give me ment. So we abide by the budget caps sincere congratulations to the chair- ideas about what they see the Social adopted in 1997 in a bipartisan balanced budget agreement. It continues the man of our Budget Committee for the Security system being and what it spending restraints we began in 1995, a work that he and that committee have ought to be. so successfully completed in the last I told them that we, by our budget product of that 1994 election and the number of weeks. In fact, I am ex- here and by balancing the budget and 1994 Congress—the first Republican Congress in 40 years, which has helped tremely pleased with where we are as a producing surpluses, are providing the produce the balanced budget and the Senate at this moment in time. country with a generational oppor- Many of our constituents around the projected surpluses. tunity to maintain a strong Social Se- This budget fully funds and protects country were frustrated as the Senate curity system while at the same time convened this year to start with an im- the solvency of Medicare. In that re- offering a modernization package that spect, it stands in clear contrast to peachment process of the President, can take young people entering the what the President has proposed, which fearing that we would be so bogged workforce and paying Social Security actually proposed to cut Medicare down in that that we would not get to through a lifetime of developing an an- funding and promised only General the work of our people and get to the nuity program that would be much like Treasury IOUs for the future. I am work of Government and to processes a positive retirement program that amazed that that has missed the atten- like the budget resolution. they could take with them when they tion of the press and a lot of the Amer- Quite the opposite has happened. The retired and would be substantially ican people since our President pro- Senate responded in a timely and con- more than if they were in the current posed it. But it really was a first-class stitutionally proper manner to the im- Social Security system. More impor- shell game, probably one of the best I peachment issue and then moved rap- tantly, it would not have to address have seen produced by this administra- idly into its work. As a result, we are substantial tax increases in Social Se- tion, when they said they were doing here today voting on a budget resolu- curity in the outyears beyond 2034 and one thing when, in fact, they were ac- tion which will be adopted as a con- 2035. tually doing another. ference report. It will be the second So for the first time since 1960, the To hand this next generation a whole earliest date of adoption of a budget budget will be balanced without count- fist full of IOUs after mounting the resolution in the 23 years of the Budget ing Social Security surpluses. We will hugest debt in the history of our coun- Act. That is why I think the chairman provide a reasonable and necessary try just doesn’t make a lot of sense. So of our Budget Committee deserves the amount for tax relief for working we are not doing that in this budget. congratulations of the Senate and why Americans and their families. You We won’t do that. It would not be fair, the American people ought to at least heard the Senator from Washington and most important, it would not be be assured that we are here and at and others in just the last few hours responsible. Of course, Medicare still work and doing what we should be talk about an American taxpayer that needs the attention in the long term, doing in behalf of them to make sure is paying his or her taxes today, being and Senators—Republicans and Demo- their Government responds appro- taxed at the highest level ever in the crats alike—have stepped up and said priately to the needs of all of our tax- history of our country. We are turning we ought to do so. Democrat Senator payers. that around. KERREY of Nebraska and Democrat This budget demonstrates that we I am pleased to be able to be here on Senator BREAUX of Louisiana worked can and should have a balanced fiscal the floor today, on a day when most hard to work with us on a bipartisan, program that addresses our Nation’s people are going to the post office to long-term Medicare plan, and it is nec- major priorities. If we and future Con- pay their taxes, or at least to file their essary. Congress ought not to go home gresses and the President follow the tax returns, to say that we are going to this year without doing it. But my plan that is now laid before us in this change some of that. While this is a tax guess is that we will because of the pol- budget resolution, we will pay down cut, I also agree with my colleague itics of it. That should not happen. the public debt. There will be $463 bil- from Washington, Senator GORTON, The fact that a bipartisan Medicare lion more in debt reduction than the that we ought to be looking at tax re- Commission broke down because the President’s budget offered us over the form in the near future that will sim- President’s appointees would not walk next 10 years. plify the Tax Code and make it much up to the line and do what was right— I have had the privilege of serving in less intimidating than it is today to all I am not sure why, but my guess is Congress for a number of years. I tell of us; those who are relatively sophisti- they would like to perpetrate another my colleagues, I have watched the debt cated and those who are less sophisti- ‘‘medi-scare’’ as a tactic going into the grow, and I voted against most of that cated find it all very intimidating and next political cycle. It is pretty uncon- growth. Today to be able to vote for difficult to comply with. scionable that anybody would want to debt reduction is a very positive move All tax relief will be provided out of do that. But there is really no other ex- for this Congress and laying the course the onbudget surplus, that is, the non- planation for why they failed to do for future Congresses to do the same. Social Security surplus. And $778 bil- what had to be done because those of One-half of the debt held by the public lion over 10 years sounds like a lot of us who face the electorate and under- can be paid off in the next decade if we tax relief, but it is a tax reduction of stand the complications of Medicare

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3745 stepped to that line and said reform is got crosswise with the idea of a family the local government. As a percentage necessary and offered a reform pack- being able to pass down through the of gross domestic product, taxes are age, Democrat and Republican alike. I generations a business that they have higher today than they were at any have mentioned several of those Demo- built and has grown over the years and time in this country since World War crats. So that work is yet to be done. now have to sell to pay the inheritance II. Medicare reform is yet to be dealt tax, the death tax. That is why the budget resolution with, and I hope we can do it because it Now, I am not suggesting that if it that we are going to pass is significant. is necessary. doesn’t move in the family and it is The American people should know that This budget strengthens America’s simply sold at the end of a generation, on April 15 this Congress is going to defense forces too long neglected under it ought not to receive some tax. But pass a plan that provides a $770 billion this administration. Yet, this is an ad- when we are talking small, privately tax cut over the next 10 years. There ministration that has used our defense held businesses, farms and ranches, couldn’t be a clearer message from this forces more than nearly any other Main Street small businesses that Congress about what our priorities are, President in a peacetime era. It is time make our country work so well, and and that is tax relief for hard-working that we make sure that America’s sons then find out that mom and dad can’t American families. and daughters who put themselves in hand it to a son or daughter without harm’s way in the protection of our There are some, including the Presi- the Government taking nearly all of it, dent, who oppose our plan. They say Nation have their interests served. or the son and daughter then spending When I speak of their interests being that Washington will save money for their lifetime to buy it back, frankly, working Americans. But we know that served, I mean making sure that we that is wrong. I and others have back them up with equipment and is not going to happen. We have heard worked a long time to reduce the death technology, compensate them ade- that before. And we know that we tax. We have been able to do some of quately, and give them the dignified haven’t had a budget surplus nor tax that. Why don’t we just eliminate it, or quality of life that anybody in that cut in this country—until this Repub- deal with it in a way which says that if service deserves. This budget meets the lican Congress was elected—for 40 that asset moves out to be sold in the challenges of the 21st century with years. So we know who cares about tax marketplace as an asset for sale then it positive initiatives in agriculture, cuts for the American family. comes under the normal tax of the in- child care, and education. I think we have chosen the right What I am telling you, Mr. President, come of an individual with the proper course. Giving the extra money to the is I think this is a pretty darn good considerations against depreciation Government would not ever get it back budget. It is sound and it is a conserv- and all of that? That would be fair. to the people. But we believe that peo- ative budget. It recognizes the value of That would be just. We should deal ple who earn the money have the right balancing, and it recognizes the reward with our countrymen in a way that to it. And that is why we will have a to the taxpayers that a balanced budg- says we recognize that those who work tax bill when this budget is passed. et ought to offer. It is good for the eco- for the American dream ought to be al- There are many tax proposals that nomic security of the American family lowed to pass that dream forward to come before the Senate, many of which by recognizing that we are going to let the next generation. That is one of I support. Certainly reducing capital them keep some of their hard-earned those kinds of tax reforms I hope we gains taxes would be good for our coun- dollars instead of cycling them to can get at this year. try. Reducing or eliminating the estate Washington and try to get them back. There are a good many others that taxes would be good for this country; All of the money that we spend here our colleagues are working on and that and across-the-board tax relief, 10 per- comes from somebody’s hard work, will be embodied in the tax relief pack- cent across the board, so that when you somebody who gets up every morning age that is placed in this to this budget are writing your check today, you can bright and early and goes to work and resolution. just take 10 percent of the check you Once again, let me praise the chair- works hard for 8, 10, 12 hours a day. wrote and know that would not be in man of our Budget Committee, and They willingly pay a very large chunk your tax bill next year and you would that committee and the will of the Re- of their income to Government. Now be able to spend that money the way publican Congress that says that a bal- that we have balanced the budget, why you think it is best for your family. anced budget is something we will keep should we be chasing new Government But there is one that is my priority, and continue to work for and that sur- programs, or bigger Government pro- and it is to eliminate what I think is pluses should be handed back as re- grams, or programs that ultimately the worst transgression we have in our wards to the American taxpayer in- take freedom away from people and Tax Code. That is the marriage tax stead of spent. That is what this budget their choice? Why should we not be re- penalty. Right now, 21 million Amer- does. I am proud to have been a part of warding the taxpayer by saying that ican families pay up to $1,400 on aver- we have enough and we are going to it. I yield the floor. I suggest the ab- age more just because they are mar- send some of it back to you, and we are ried. So we say to people, you have to not going to take it away from you in sence of a quorum. choose between love and money in our the future, unless we come to you and The PRESIDING OFFICER. The country. ask you for it because there truly is a clerk will call the roll. national need. That is the way good The legislative assistant proceeded If you want to get married, start a Government works and, very frankly, I to call the roll. family, and build up your savings to think this is a pretty good Government Mrs. HUTCHISON. Mr. President, I make a downpayment on a new home, budget. I strongly support it. ask unanimous consent that the order we will make you $1,400 less able to do I urge my colleagues to vote with us for the quorum call be rescinded. that. That is a lot of money to the for it, and I urge my colleagues to The PRESIDING OFFICER. Without hard-working couples who are hardest work with the Finance Committee and objection, it is so ordered. hit by this tax. with the Senate to devise a tax pack- Mrs. HUTCHISON. Mr. President, I I have introduced legislation to age that is fair and equitable across believe everyone knows that today is eliminate this penalty. We could allow the board, that recognizes issues such tax day in America. I think we have couples to split their incomes evenly or as the marriage penalty, that recog- been talking about it. And I think it is we could double the standard exemp- nizes an issue such as small family very appropriate that we have a budget tion to widen the tax brackets for mar- business owners who grow too old to resolution on the floor today that we ried couples so they match those of sin- operate their business and want to pass can say will give tax relief because gle filers. We could also let people it through to their children and are that is set aside in this budget. choose if it is better for them to file as being denied that because the children The tax burden on Americans is too singles or as married couples. That would have to sell it to pay the taxes high. The average American family way, no one would pay a penalty for on it. pays 38 percent of its income in taxes getting married. I hope it will be our That is a great tragedy in the Amer- to some government—the Federal Gov- highest priority with the tax cuts that ican dream—how our Government ever ernment, the State government, and are provided in this budget.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3746 CONGRESSIONAL RECORD — SENATE April 15, 1999 I read in USA Today an op-ed piece The legislative assistant proceeded Few people have as much authority this morning on the marriage tax pen- to call the roll. around here as the distinguished Sen- alty. Their contention is that this only Mr. LAUTENBERG. Mr. President, I ator of the Finance Committee, Sen- affects the higher-income couples. ask unanimous consent that the order ator ROTH. He was speaking to Reuters They say that the bulk of those suf- for the quorum call be rescinded. and he said he was very much in favor fering this marriage tax penalty are The PRESIDING OFFICER. Without of using bigger than expected budget dual-income families at the middle-in- objection, it is so ordered. surpluses to fund an across-the-board come level, $50,000. I have a legislative Mr. LAUTENBERG. Mr. President, income tax of 10 percent or more. That correspondent in my office and his we are coming to ‘‘H’’ hour here. That is what Reuters reported: combined family income is $50,000. He is not happy hour, as far as I am con- ‘‘I don’t think it is too big,’’ the Delaware makes about $25,000 and his wife must cerned. I can think of other words that Republican said of the 10 percent income tax work for them to be able to make ends start with an H—like horrific, horren- cut. ‘‘If anything, I would like to have it big- meet. She makes about $25,000. They dous, horrible, hurtful—but I won’t use ger.’’ are a young couple. I don’t think that that vocabulary. I will just infer it. That is a pretty good indicator of people who make $25,000 a year are The occupant of the Chair has been where we are going. We are not pro- wealthy, and I most certainly think if in government for some time, and I am tecting Social Security in the way that they have to have two incomes in order sure he has seen it from a different per- we proposed here on the floor of the to make ends meet that we are not in- spective. We see good people sincerely Senate 2 days ago. We had a vote. I of- creasing the standard of living in this believing in what they are doing at fered the amendment. I said no Social country. To go forward and say two odds with one another, in such con- Security surplus shall be used for any- people who make $25,000 a year should trasting views that it is hard to rec- thing other than Social Security, pure owe Uncle Sam $1,400 more, I think is oncile the difference of what is and and simple. absolutely wrong, particularly a young what isn’t the reality. This is no sug- The language is very direct. Mr. couple that is trying to get started, to gestion of prevarication or fabrication. President, 98 people voted for it. We make a downpayment to buy a home. I am not talking about that. I know had zero opposition, 98–0. It went to I hope we can correct this inequity. I there is genuine belief. conference with the House. For those think two-income earners at the $25,000 I differ sharply with my friends and who don’t understand the arcane proc- level deserve some help. I am going to colleagues on the other side regarding ess here, the House and the Senate get try to get it for them. this budget. Few people have I more re- together and have a conference to de- This is a red letter day. This is the spect for than the chairman of the cide on what the various legislative day that we see how much it costs for Budget Committee, Senator DOMENICI. programs will be, we agree between us us to support government. All of us Boy, we have some scraps. They are on a conference report, and that is want to do our fair share. I would never really good ones. The fact of the mat- what we are voting on today. say we should have no taxes because we ter is, he is a bright guy. He under- As it happens, there is a Republican do enjoy good service—hopefully—for stands a budget as few here do. He is majority in the Senate. There is a Re- the taxes that we pay. However, 38 per- one of the few Senators who has to publican majority in the House. As was cent of a person’s income in taxes is teach his staff what it is all about. noted, we, the Democrats, do not par- hard to explain. It is hard to explain That is intended to be a joke. ticipate. That is the game. It is under- that you are getting that much service The rest of us do it differently. I hope stood. Next year, when we are in the for your dollars. I think you could get the public doesn’t take that too seri- majority, I expect to be more forgiving a lot less service and a lot more choice ously, Mr. President. and perhaps we will even invite one of if we lower the taxes for everyone in The fact of the matter is Senator the Republicans to the conference this country so that hard-working DOMENICI very well knows meeting. Americans could see the benefits of ‘‘budgeteering,’’ but I think in this But the fact is, the product that working harder and doing better. That case it is fair to say there is an error in came out is one that is a Republican is the American dream. That is what the approach. I think the policy as pro- delivery. Make no mistake about it. made this country great—that we posed by the budget conference report And the consequence of that is the bill would say to people, if you work harder is fiscally dangerous. I think if we go we have in front of us with huge tax you can do better and you can give a the way it appears that we will go, we breaks for wealthy people. If you make little more to your family or your chil- could be approaching in the not-too- $800,000, you will get a $20,000 tax dren. That is why adding on some of distant future a shutdown of the Gov- break. If you make $800,000, you get these taxes is so important. ernment. Everybody who has been $20,000 worth of extra spending money. Today, we are going to pass a budget around for any length of time remem- That can buy, perhaps, a nice little resolution that will do that, that will bers how painful the last shutdown boat or a downpayment on a summer say to the hard-working American that was: People were not getting Social Se- home or something of that nature. But help is on the way. I just hope we can curity checks, veterans’ benefits were the person who makes $38,000: $99, that come to terms with the President so not being paid, services people count is what he or she is going to get in that we will be able to pass a tax bill on for their everyday existence were terms of a tax break, $99. Don’t spend that really will go to the hard-working just unavailable. Other matters that it all in one night, friends, because it is American who is struggling to make seemed to be routine, such as entrances supposed to last for a whole year. That ends meet. to national parks, families planning for is a tax cut: $99. I appreciate the leadership of Senator a year to visit one of our national So when we look at it, it is obvious DOMENICI and Senator LAUTENBERG for parks and finding out they were closed. that we are not dealing with the needs putting this budget resolution forth. I Became important. Airplanes, trains, of the average working person, the think it is a good one. It is a respon- buses, cars—all that planning, gone. hard-working person, a family making sible spending of our hard-earned tax I predict we are going to be playing $38,000. We have heard the distin- dollars. Most important, on tax day, I Russian roulette to see who pulls the guished Senator from Texas talk about hope people realize that we are going trigger on whether or not we have a a person working in her office who, to try to cut that burden. This budget Government shutdown because this with his spouse, put together an in- resolution is a start in the right direc- budget ‘‘ain’t for real,’’ to use the lan- come of $50,000. That is not a lot of tion. guage, when we look at what happens money today. Those are the kinds of I yield the floor. as a result of the intent to give a tax folks to whom we have to be sensitive, The PRESIDING OFFICER. The Sen- cut across the board—a lot of it to to target tax cuts for them and make ator from New Jersey. wealthy people—and we know that sure the woman who wants to work can Mr. LAUTENBERG. Mr. President, I some time ago Senator DOMENICI said get some decent child care and get suggest the absence of a quorum. we were taking people’s word for what some credit on her taxes for it. If you The PRESIDING OFFICER. The the intention is without seeing it clear- have an elderly parent who needs long- clerk will call the roll. ly spelled out. term care, get a tax credit for that; a

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3747 tax credit for education; those are the generate something else and it will be State-side program of the LWCF re- kinds of tax credits or tax breaks I good for us. Baloney. ceives widespread support across the think we ought to be giving. That is What happened under President Rea- Nation, particularly from State and what the Democrats are proposing. gan’s regime, when we gave tax cuts? I local governments. One of the things we are doing is pro- will tell you what we got for it. Some Mr. CHAFEE. I would like to bring to posing a tax cut that, in the course of of the biggest debt this country ever my colleagues’ attention an amend- 10 years, will be three-quarters of a had, and it grew by leaps and bounds. ment I offered, with great assistance trillion dollars—$750 billion in round When President Clinton took over, by Senator SMITH of New Hampshire, terms. The consequence of that, the re- there was a $290 billion deficit in front as well as Senators LEAHY and FEIN- of us, and this year we are looking at a sult of that, is going to be that we will GOLD, that increased Function 300 by not have sufficient funds to pay for surplus of about $100 billion. Things $200 million, with a commensurate de- Government services. We will not have have changed materially in the 7 years crease from Function 370. The amend- enough funds to pay for full staff for that have passed. ment included language that this in- So I am hoping we will get a vote the FBI. We will not have enough funds crease was to fund the State-side pro- that reflects what is best for the Amer- to pay for full staffing of drug enforce- gram of LWCF. ment agents. We will not have enough ican people, and that would be to deny Mr. SMITH of New Hampshire. Ac- funds to include 800,000 low-income acceptance of this budget report that is companying the amendment were floor women, infants, and children in pro- in front of us. I hope we will perhaps be statements expressing our intent that grams for nutrition assistance. able to convince some of our Repub- We are not talking about extra lican friends to come over, take an- the offset be derived from within the money to take a trip to Europe; we are other look at the budget and see what Department of Commerce, and specifi- talking about food. Mr. President, we can do to improve the situation, be- cally within Function 370. After nego- 800,000 of those people are going to lose cause right now we are headed for a po- tiations with Senators LEAHY and assistance from the Government. The tential fiscal disaster just when things FEINGOLD and other Democratic col- number of students in work/study pro- are really going good. leagues who cosponsored the amend- grams decreases by 12,000 people. Head I want to say something in response ment, we reached a bipartisan agree- Start is designed to take children who to an earlier argument I heard from ment that the $200 million would come come from poverty-ridden homes to the other side when it was said there is from within the Commerce Depart- start to learn—Head Start. It is pre- going to be more money put into Social ment. school. It is before they get to kinder- Security than the Democrats are pro- Mr. CHAFEE. I would like to ask the garten or first grade. We are going to posing. It is not true, because hidden in distinguished manager of the budget take away services for 100,000 children. there is some arcane language that resolution whether these assumptions For those who need energy assistance, says ‘‘retirement security.’’ They want still apply, even if they do not appear 600,000 low-income families could lose to put the money away that can be in the resolution? that energy assistance. used for retirement security—not So- Mr. DOMENICI. As far as the Senate The FBI, the cut to the FBI could re- cial Security. They are both two words is concerned, these assumptions are sult in the reduction of 2,700 FBI but they have different significance. still valid. Although the conference re- One is a Government program estab- agents. Mr. President, 73,000 summer port is silent with respect to the $200 lished for people who are dependent on jobs lost. And the list goes on: More million being directed to the State-side the Government for their retirement than 2,200 air traffic controller posi- program, there is nothing to assume and their pension. The other could be tions would be cut. I am very active in that the money is not for the State- air transportation matters and very Heaven knows what. So I caution everybody, as we pre- side program. Indeed, the best indica- concerned about where we go. Y2K, will pare to vote, which is imminent, that tion of the Senate’s intent with respect we have the right kind of personnel to the American public ought to be look- to the LWCF is the Senate-approved handle the shift? Here we are, getting a ing very closely at what it is we are resolution. budget in front of us. It is there in going to do. I hope they will respond as Mr. SMITH of New Hampshire. Is the print for everybody to see. It is de- they see it, to those Senators who are same true with respect to the offset? signed by the majority. We are saying casting a vote at this moment. I hope Mr. DOMENICI. Yes. In fact, as my that more than 2,200 air traffic con- the vote will wind up with a majority friends, the Senators from New Hamp- troller positions would be cut and $255 saying no. shire and Rhode Island may have al- million. Mr. President, I ask for the yeas and ready noted, the House receded in its The IRS customer service: Today ev- nays. disagreement with the Senate numbers erybody is probably as angry at the The PRESIDING OFFICER. Is there a for function 370. The Senate numbers IRS as can be, but when they see what sufficient second? were $200 million lower in both budget it is we are paying for, we are paying There is a sufficient second. authority and outlays for this function for a country designed to give every- The yeas and nays were ordered. than the House. body opportunity. We are doing better Mr. LAUTENBERG. I yield the floor. at it. Jobs are more available, there is LAND AND WATER CONSERVATION FUND Mr. CHAFEE. Is there a presumption low unemployment, our national Mr. CHAFEE. Mr. President, I would that the Senate, in accepting the health is better than it has ever been. like to engage my distinguished col- House-passed, higher funding level for That is what you pay your taxes for. leagues, Senator SMITH of New Hamp- Function 300, is also adopting the as- You do not pay it for some idle bureau- shire and Senator DOMENICI, in a col- sumptions that may have been used by crat sitting in a chair. We pay for serv- loquy, with their indulgence. As my the House in reaching its Function 300 ices. Do we get 100 cents on a dollar? colleagues are aware, the Land and spending levels? Probably not. I ran a big corporation Water Conservation Fund is the pri- Mr. DOMENICI. There is no such pre- and it was a successful corporation. We mary vehicle through which the Fed- sumption. The Senate assumptions are didn’t get 100 cents’ worth of value on eral Government funds the acquisition as equally valid as the House assump- every dollar that we spent, but that’s of land and water resources throughout tions. The real challenge lies ahead life. the Nation. It does so through two pro- when the Appropriations Subcommit- Mr. President, we now are preparing grams, one allowing for Federal land tees begin marking up their separate ourselves to vote for a budget that I acquisitions and one providing for appropriations bills. Since our budget think is shameful, that could be called matching grants by State and local assumptions are just that—assump- a sham. Again, there is no accusation governments. However, funding for the tions—and do not bind appropriators to here of dishonesty or skullduggery. LWCF has been sporadic, and for the specified funding levels for individual What it is is a misinterpretation of State-side program, funding has been programs, Senators must vigorously what things are about. It is playing non-existent since 1995. continue to make their case for fund- dice with our national economy. It Mr. SMITH of New Hampshire. I ing favored programs with the relevant says if you give tax cuts, it is going to would like to emphasize that the Appropriations Subcommittee. I do

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3748 CONGRESSIONAL RECORD — SENATE April 15, 1999 know that the State-side land acquisi- reconciliation instruction contained in SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY AL- tion program could not have better ad- section 104 of the budget resolution the LOCATIONS PURSUANT TO SECTION 302 OF THE CON- vocates than the Senators from Rhode Parliamentarian will honor the intent GRESSIONAL BUDGET ACT—Continued Island and New Hampshire. of the conferees—that the 10-year fig- [In millions of dollars] Mr. CHAFEE. I thank my colleague ure is $777.868 billion, not $777.868 mil- Direct spending jurisdic- Entitlements fund- from New Hampshire, as well as the lion. I am gratified that the Parliamen- tion ed in annual ap- distinguished manager of the budget tarian will support a rational result. Committee propriations act resolution, for engaging in this col- CORRECTIONS TO FY 2000 BUDGET RESOLUTION Budget authority Outlays Budget Outlays loquy. I also wish to wholeheartedly SENATE COMMITTEE BUDGET AUTHORITY AND authority thank the manager for his support on OUTLAY ALLOCATIONS AND RECONCILIATION Mandatory ...... 321,502 304,297 0 0 this issue throughout the consideration INSTRUCTIONS of the budget resolution. Mr. DOMENICI. Mr. President, I ask Total ...... 857,773 875,243 0 0 Mr. DOMENICI. I thank the Senator unanimous consent to submit for the Agriculture, Nutrition, and from Rhode Island for his kind re- RECORD corrections of typographical Forestry ...... 10,843 7,940 26,696 9,419 Armed Services ...... 49,327 49,433 0 0 marks. I would add that the inevitable errors on tables that originally ap- Banking, Housing, and challenges of moving a budget resolu- peared in the April 13, 1999 CONGRES- Urban Affairs ...... 4,676 (1,843 ) 0 0 Commerce, Science, and tion through the Senate to final pas- SIONAL RECORD on pages H1963 and Transportation ...... 8,420 5,774 721 717 sage were made far less difficult by the H1964 in the Statement of Managers to Energy and Natural Re- sources ...... 2,336 2,258 40 63 hard work of Senator CHAFEE and his accompany the FY 2000 Congressional Environment and Public staff, whose understanding and accom- Budget Resolution, H. Con. Res. 68. I Works ...... 36,532 2,041 0 0 Finance ...... 683,102 676,153 156,910 157,096 modation allowed us to complete our further ask that these corrected tables Foreign Relations ...... 9,354 11,976 0 0 work in a timely fashion. It is a great be considered to be the allocations re- Governmental Affairs ...... 59,501 57,941 0 0 Judiciary ...... 4,759 4,235 234 234 pleasure to work with him again on the quired by section 302 (a) of the Congres- Labor and Human Re- conference version of the resolution. sional Budget Act of 1974. sources ...... 9,023 8,363 1,309 1,309 Rule and Administration 114 289 0 0 TECHNICAL CORRECTION TO SECTION 104 OF THE On the table titled ‘‘Senate Com- Veterans’ Affairs ...... 1,106 1,381 23,667 23,540 BUDGET RESOLUTION mittee Budget Authority and Outlay Indian Affairs ...... 151 150 0 0 Small Business ...... 0 (155 ) 0 0 Mr. DOMENICI. Mr. President, I rise Allocations Pursuant to Section 302 of Unassigned to Committee (310,297) (293,097) 0 0 today to alert my colleagues in the the Congressional Budget Act, Budget Senate to a technical error which oc- Year Total 2000 (in millions of dol- Total ...... 1,426,720 1,408,082 209,577 192,378 curred during the drafting of section lars),’’ the figure for Appropriations 104 of the Conference Report to accom- Outlays, General Purpose Discre- 5-YEAR TOTAL: 2000–2004 Agriculture, Nutrition and pany H. Con. Res. 68—the Concurrent tionary should be $536,701. Appropria- Forest ...... 40,012 24,704 100,467 52,240 Resolution on the Budget for Fiscal tions Outlays, Total should be $875,243. Armed Services ...... 263,769 263,577 0 0 Banking, Housing, and Year 2000. Direct spending jurisdiction, Budget Urbran Affairs ...... 31,606 (2,459 ) 0 0 Section 104 of the resolution sets out Authority for the Finance Committee Commerce, Science,and Transportation ...... 64,653 50,445 3,887 3,868 the reconciliation instructions for the should be $683,102. Direct spending ju- Energy and Natural Re- Committee on Finance in the Senate. risdiction, Outlays for the Finance sources ...... 11,023 11,009 200 236 Environment and Public This instruction calls for a net reduc- Committee should be $676,153. Works ...... 179,132 8,214 0 0 tion in revenues over the 10-year period Direct spending jurisdiction, Budget Finance ...... 3,589,039 3,569,977 905,958 909,007 Foreign Relations ...... 42,596 52,913 0 0 of fiscal years 2000 through 2009. As is Authority Total should be $1,426,720. Governmental Affairs ...... 317,701 309,374 0 0 always the case with a reconciled rev- Direct spending jurisdiction, Outlays Judiciary ...... 23,791 22,792 1,170 1,170 Labor and Human Re- enue reduction, the amounts contained Total should be $1,408,082. sources ...... 48,269 45,687 6,784 6,784 in the instructions to both the Senate On the table titled ‘‘Senate Com- Rules and Administration 488 660 0 0 Veterans’ Affairs ...... 5,097 7,108 125,438 125,110 Finance and the House Ways and mittee Budget Authority and Outlay Indian Affairs ...... 716 717 0 0 Means committees are intended to be Allocations Pursuant to Section 302 of Small Business ...... 0 (625 ) 0 0 the same. However, due to a technical the Congressional Budget Act, 5–Year drafting error with respect to the in- Total: 2000–2004 (in millions of dol- Mr. DOMENICI. Mr. President, I also struction to the Finance Committee, lars),’’ the figure for Direct spending ask unanimous consent that for the the amounts are not the same. Three jurisdiction, Budget Authority for the purpose of executing and enforcing the ‘‘zeros’’ were omitted from the instruc- Finance Committee should be Senate’s reconciliation instruction set tion such that the amount for fiscal $3,389,039. out in section 104 of the conference re- years 2000 through 2009 is $777.868 mil- The PRESIDING OFFICER. Without port to accompany H. Con. Res. 68—the lion instead of $777.868 billion. objection it is so ordered. fiscal year 2000 budget resolution If my colleagues look to other sec- Mr. DOMENICI. Mr. President, I fur- —that the dollar amount of the rev- tions of the budget resolution and the ther ask unanimous consent that the enue reduction for the period of fiscal statement of managers which accom- corrected tables, which I now send to years 2000 through 2009 be considered to panies it they will see that the con- the desk, be printed in their entirety in be $777,868,000,000 rather than $777,868,000. ferees clearly intended the amount in the RECORD. the instruction to the Finance Com- There being no objection, the tables This corrects a technical drafting mittee be $777.868 billion not $777.868 were ordered to be printed in the error (three ‘‘zeros’’ were omitted) in the resolution and conforms with the million. In addition to the language RECORD, as follows: found in the statement of managers, instruction for the House of Represent- this intent is evidenced by the figures SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY AL- atives and the description of section set out in section 101(1)(B) of the reso- LOCATIONS PURSUANT TO SECTION 302 OF THE CON- 104 that is contained in the statement lution (which states on a year-by-year GRESSIONAL BUDGET ACT of managers which accompanies the basis, the amount by which the aggre- [In millions of dollars] budget resolution. gate levels of Federal revenues should The PRESIDING OFFICER. Without Direct spending jurisdic- Entitlements fund- objection, it is so ordered. be changed—the sum of these figures is tion ed in annual ap- $777.868 billion) and the figures set out Committee propriations act Mr. JEFFORDS. Mr. President, I con- in section 101(5) of the resolution Budget Outlays Budget gratulate the Chairman of the Budget (which displays the appropriate levels authority authority Outlays Committee, Senator DOMENICI, for pro- of the public debt). ducing an on-time budget for only the Moreover, I have consulted with the BUDGET YEAR TOTAL: 2000 second time in the 24-plus-year history Parliamentarian of the Senate and Appropriations 0 0 of the Budget Act. General Purpose Discre- have been assured that for the purpose tionary ...... 531,771 536,701 0 0 I rise today to support the fiscal year of determining whether or not the leg- Violent Crime Reduction 2000 budget resolution now before the Trust Fund ...... 4,500 5,554 0 0 islation reported by the Senate Com- Highways ...... 0 24,574 Senate. I am pleased that this budget mittee on Finance complies with the Mass Transit ...... 0 4,117 will pay down the Federal debt, boost

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3749 education spending, and increase vet- and my Sense of the Senate in support make the important investments in erans health care spending. I am dis- of increased funding for the Pell grant health care, education, and child care. appointed that budget conferees could program, the campus based programs, And it endangers other programs vital only fund $6 billion of the $10 billion LEAP and TRIO. These programs have for law enforcement, environment, and proposed by myself and Senator DODD helped make the dream of college a re- continued economic growth. in child care grants for low-income ality for many of our Nation’s neediest This conference report does not do families and child care tax cuts. How- students. Providing an increase in anything to meet Medicare’s solvency ever, I appreciate the hard work Sen- funding for these tested and proven crisis or extend the life of this vital ator DOMENICI and others put into get- programs will open the doors of higher program beyond the projected 2015 ting these funds. education to more educationally moti- bankruptcy. I agree with those who say While I realize that our amendment vated young people, specifically those that we must reform Medicare, but we would not have guaranteed an increase who have the most financial need. also must provide it with the addi- in child care spending, Congress needs Lastly, Mr. President, given world tional funds it needs. The President to face up to the reality that low-in- events and the ever-increasing de- has proposed allocating 15 percent of come mothers need to work, and to mands we place on our military, I am the surplus for Medicare to add 12 make work pay they need child care as- pleased that this budget calls for an in- years to life of program. This budget sistance. As Chairman of the Health, crease in military pay. We need to do rejects that initiative, creates some Education, Labor, and Pensions Com- more to alleviate the quality of life vague ‘‘reserve’’ which may or may not mittee, I can assure supporters of child concerns of our men and women in uni- help Medicare, but really uses the care subsidies that this will not be the form. However, I am concerned that money that should go to Medicare for last word on this issue during the 106th some of the military increases in this tax cuts instead. Congress. budget are not going to the things that This budget does not do enough to On a more positive note, this budget the military needs most, as evidenced extend Social Security. Again, I would adheres to the historic Balanced Budg- by the current crisis in Kosovo. agree with those who say we need to et Act of 1997, while at the same time, This budget, like all budgets passed adopt Social Security reform to over the next ten years, pays down $1.8 by Congress, is an expression of polit- strengthen the Social Security system trillion of the $3.6 trillion in publicly ical intent and a starting point for bar- and assure it is on sound footing. But held debt and provides for modest tax gaining. Much work remains to be done this budget allows some of the Social cuts until larger on-budget surpluses to pass the 13 appropriations bills that Security surpluses to be used for pur- emerge. actually fund the government. In areas poses other than Social Security, and, Additionally the Republican budget where I disagree with the budget reso- frankly, I do not think that that is will fence off the portion of the surplus lution, I plan to work hard with appro- wise. generated through Social Security pay- priators to adjust spending levels and Yesterday, the Senate voted by 98–0 roll taxes. I would like to reassure all turn this budget into reality. to instruct our conferees to use all So- Vermonters that not a dollar of these Mrs. FEINSTEIN. Mr. President, it is cial Security surplus funds for Social funds will be used to fund tax cuts. In- with some degree of regret that I rise Security. This conference report, how- stead, Social Security payroll taxes to oppose this budget resolution con- ever, creates a ‘‘lockbox’’ for Social Se- will go towards shoring up the program ference report. curity, but then proceeds to remove and possibly go toward providing cap- Thanks to continued economic the lock by allowing any legislation ital for an overhaul plan. While this growth and the tough choices we made that ‘‘enhances retirement security’’ to alone will not ensure the long-term fi- on the budget in 1993, this year, for the raid Social Security surplus funds.. nancial health of the program, it will first time in a generation, we have Finally, although this conference re- have the effect of reducing Federal been given the opportunity to struc- port protects some important domestic debt and extending the solvency of the ture a budget which is balanced, fis- priorities, such as transportation, it program. cally responsible, and makes important cuts other essential but ‘‘unprotected’’ Mr. President, the budget before the investment in America’s domestic pri- programs, such as the border patrol, Senate also protects Medicare for our orities. the Federal Bureau of Investigation, Nation’s seniors. Funding for Medicare When I first came to the Senate some job training programs, child care as- is increased significantly, but like So- 6 years ago, we faced $200 billion an- sistance, head start, and on and on. cial Security, the long-term health of nual deficits as far as the eye could see. The strictures of this budget—driven the program is dependent not on pro- Now, thanks to the tough choices we by an overlarge tax cut—may neces- viding additional funds, but on enact- made in 1993, then fiscal discipline we sitate cuts of 11 percent in many of ing needed structural changes. As the imposed on the budget, and a vibrant these important programs. resolution indicates, Medicare bene- economy, we are able to reap the bene- Mr. President, I think our current ficiaries must have access to high-qual- fits of the difficult choices. Now we are economic strength has presented us ity skilled nursing services, home running surpluses—projected to be as with a unique opportunity—we can health care services and inpatient and much as $4.7 trillion over the next 15 save Social Security and Medicare, outpatient hospital services in rural years by the Office of Management and make important investments in domes- areas. The availability of these serv- Budget. tic priorities, provide for a strong na- ices is at risk, especially for rural pop- Thanks to these surpluses we have an tional defense, and also provide the ulations, and I will do all I can to en- unparalleled opportunity to set our American people with tax relief. sure that they are addressed as a part budgetary house in order and meet the Unfortunately, this conference re- of any Medicare legislation. I am par- challenges of the future. port, by adopting unrealistic tax cuts, ticularly pleased that the resolution We have the opportunity to save So- puts at risk all these goals, and may includes a Medicare drug benefit re- cial Security and Medicare. To invest well set us down a path of fiscal irre- serve fund. The availability of a drug in education, environment, and health sponsibility that will endanger all our benefit for seniors is one of my highest care. To provide for a strong national gains of the past few years. I urge my priorities, and I plan to work with defense. colleague to oppose this conference re- other members of the Finance Com- And I also believe that we have an port. mittee to have it included as a part of important opportunity to provide re- Ms. SNOWE. Mr. President, I rise to any Medicare reform effort. sponsible tax relief for working fami- speak in favor of the FY2000 budget Mr. President, I am very pleased that lies—and I intend to introduce legisla- conference report we are now consid- the budget resolution adopts my Sen- tion to provide just such a tax cut with ering and to urge for its adoption. ate-passed language that will provide my colleague from Iowa, Senator I would first like to thank the Chair- funding to foster the employment and GRASSLEY. man of the Senate Budget Committee, independence of individuals with dis- But this conference report ignores PETE DOMENICI, for his unwavering abilities. I am also pleased that the these opportunities. It fails to meet the commitment to a balanced budget and resolution contains Senator COLLINS’ test of saving Medicare. It fails to fiscally responsible decision-making

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3750 CONGRESSIONAL RECORD — SENATE April 15, 1999 over the years. Thanks, in part, to his By the same token, Social Security’s specific provisions in the resolution leadership and efforts, the turbulent surpluses will account for the bulk of that has been crafted, the simple fact waves of annual deficits and mounting our unified budget surpluses in coming is that this is a budget framework—or debt have been temporarily calmed. years as well. Specifically, over the ‘‘blueprint’’—that establishes param- And, by maintaining these principles in coming 5 years, Social Security sur- eters and priorities, but is not the final the House-Senate budget conference re- pluses will total $769 billion and ac- word on these individual decisions. port, we may be able to maintain the count for 82 percent of CBO’s projected Rather, specific spending and tax deci- current budgetary calm for many years unified surpluses—and over 10 years, sions will initially be made in the Ap- in the future. they will total $1.7 trillion and account propriations and Finance Committees, The conference report not only main- for 69 percent of unified surpluses. and ultimately by members on the tains fiscal discipline, but it also en- To protect Social Security’s sur- floor. sures that critical priorities are pro- pluses, the budget resolution sets the Therefore, I urge that my colleagues tected and addressed in fiscal year 2000 stage for ‘‘lock-box’’ legislation that support this carefully crafted and fis- and beyond. will accomplish what many of us have cally responsible FY2000 conference Specifically, the conference report desired for years: a bonafide means of budget report —and work to ensure contains the following key provisions: taking Social Security off-budget. Put that the parameters it establishes are First, it sets-aside every penny of the simply, this resolution ensures that used to protect and advance the prior- Social Security surplus, unlike the Social Security surpluses are set aside ities we share. President’s budget proposal. and not raided to pay for other federal Thank you, Mr. President. I yield the Second, by retaining an amendment I programs. floor. offered to the Senate budget resolu- In contrast, President Clinton’s Mr. SARBANES. Mr. President, I rise tion, it provides monies from the on- budget offers no protection for the So- in opposition to the conference report budget surplus for a new Medicare pre- cial Security surplus and, in fact, pro- now before us on the budget resolution. scription drug benefit—something that poses that it be spent on other federal The Congressional budget process as President Clinton failed to include in programs in upcoming years. we know it is 25 years old this year. his own budget proposal after touting Specifically, over the coming 5 years, Silver anniversaries such as this one the need for this benefit in his State of the President proposes we take a $158 are important milestones, but this the Union address. billion ‘‘bite’’ out of Social Security year’s budget resolution provides no Third, it adheres to the spending lev- surpluses and spend these monies on cause for celebration. For a number of els established just two years ago in other federal programs. That means reasons, I am deeply disappointed in the Balanced Budget Act of 1997, while that, under the President’s budget, the resolution that my Republican col- increasing funding for critically needed fully 21 percent of Social Security’s up- leagues appear determined to adopt priorities including education and de- coming surpluses would be spent on today. fense. other programs over the next 5 years. First are issues of process. As a mem- Fourth, it provides tax relief for Although the President has proposed ber of the Budget Committee, I have Americans at a time when the typical that we spend a portion of the Social been disappointed in the amount of family’s tax burden exceeds the cost of Security surplus on other programs, I time that we have had available to food, clothing, and shelter combined. was pleased that an overwhelming ma- study the budget proposals before us. And by retaining language from an jority of my Democratic colleagues on Consideration in committee, on the amendment I offered to the Senate the Senate Budget Committee voted Senate floor, and now in relation to budget resolution, it highlights mar- for an amendment I offered during this conference report has been marked riage penalty relief as being one of the markup of the Senate resolution that by the absence of detailed, written pro- forms of tax relief that could be accom- rejected the President’s proposed use of posals that would provide the basis for modated in any forthcoming tax cut Social Security’s surpluses. sound decisions. package. When considering that 42 per- Specifically, my amendment outlined Indeed, I understand that at the con- cent of all married couples incurred a the fact that the President’s budget ference on this resolution, there was marriage tax penalty averaging $1,400 would spend $40 billion of the Social not even a draft resolution to which in 1996, I think of no tax cut that would Security surplus in FY2000; $41 billion members could react. After less than 6 be more appropriate in any upcoming in FY01; $24 billion in FY02; $34 billion hours of consideration, and with no tax package. in FY03; and $20 billion in FY04. Fur- text available, the conference com- Collectively, I believe these prin- thermore, the amendment called on mittee hurriedly approved this report ciples and priorities reflect those of Congress to reject any budget proposal early Wednesday morning. The Senate most Americans—especially the pro- that spent Social Security surplus has not had the chance to give the tection of Social Security’s monies. monies on other federal programs. Ap- measure a proper review, yet here we Accordingly, I believe this conference propriately, after my amendment was are the very next day asked to approve report deserves broad bipartisan sup- adopted by a vote of 21 to 1, the Presi- a $1.4 trillion budget. It is troubling port by the entire Congress. dent’s budget proposal—which spends that the majority’s desire to beat to- Mr. President, to appreciate the pro- Social Security’s surplus monies—was day’s statutory April 15 deadline has visions in this conference report, I be- unanimously rejected by the Budget prevailed over thoughtful consider- lieve it is appropriate to compare it to Committee when offered as an amend- ation and debate. The result of this the only other major budget proposal ment later in the markup, and by a haste and the deficient policy making on the table: the budget proposal put vote of 97 to 2 by the full Senate later process will be quite clear to the Amer- forth by President Clinton on February on the floor. ican people once they understand this 1. In particular, I believe the manner in Mr. President, the manner in which budget’s real implications. which these proposals treat the Social Social Security surpluses are treated is Mr. President, I believe that this Security surplus should be carefully but one of the ways in which these two budget will take the country in the compared. proposals could be compared, but the wrong direction. We are now in the As mentioned, the first priority that bottom line is that the House-Senate 96th month of the longest peacetime is protected in the Republican con- conference report is simply superior to economic expansion in U.S. history. We ference report is Social Security and the Clinton plan. By maintaining fiscal are truly in a virtuous economic cycle, the annual surpluses it is currently ac- discipline, protecting Social Security as growth reached 6.1 percent in the cruing. surpluses, providing funds for a Medi- last quarter of 1998, and 3.9 percent for As my colleagues are aware, the So- care prescription drug benefit, and en- the year. 1998 was the sixth year of cial Security surplus was responsible hancing funding for shared priorities such steady growth, a pattern of robust for the unified budget surplus of $70 bil- such as education, I believe this con- increases that many economists once lion we accrued in FY98. In fact, with- ference report deserves strong support thought unsustainable over such long out the Social Security surplus, the by the full Senate. periods. federal government actually ran an on- Ultimately, while members from ei- I am proud to have been a part of the budget deficit of $29 billion last year. ther side of the aisle may disagree with effort in 1993 that helped to create this

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3751 positive economic climate. Working to- nities, scientific research, veterans every important respect. It would harm gether, President Clinton and congres- benefit, education, environmental pro- important programs ranging from Head sional Democrats crafted a package tection, and the like should not be sac- Start to the FBI, from air traffic con- that finally brought the federal deficit rificed for tax breaks for the well-to- trol to food safety inspections, while under control. By making difficult but do. providing a huge tax cut for the critical decisions to cut federal pro- This proposal fails to meet any of wealthy. grams and raise revenues, we tamed these criteria. Instead, it appears tai- The plan utterly fails to meet the the deficits that plagued the Nation lor-made to accommodate the major- most fundamental tests—it does not throughout the 1980s, placed enormous ity’s priority of huge tax cuts for the extend the solvency of Social Security pressure on important federal initia- wealthy. While the total available for in any way, and does nothing meaning- tives, and hampered our economic tax cuts starts off at $15 billion in fis- ful to address the more immediate growth. Most Republicans argued at cal year 2000, that mushrooms to $142 problems in Medicare. When Democrats the time that this responsible package billion over 5 years and $778 billion introduced amendments in the Budget would ruin the economy and send mar- over the next 10 years. Who will benefit Committee and on the floor that would kets tumbling. They were dead wrong. from these tax cuts? If past is prologue, specifically put saving Social Security Thanks to the strong economy and lower and middle income Americans and Medicare ahead of the Republican the fiscal discipline begun in 1993, the will not. Capital gains cuts, repeal of tax cut, the measures were defeated. country is in a fiscal position no one estate taxes, and more corporate loop- Republicans opposed Social Security dreamed possible even two years ago. holes all give tax relief where it is and Medicare at their inception, and In 1997, the Congressional Budget Of- least needed—to those already at the this budget resolution shows that they fice, the Office of Management and top of the income scale. These have still do not see how important these Budget, and nearly everyone else were been part and parcel of previous Repub- programs are to millions of individ- predicting substantial budget deficits lican tax cut packages, and there is no uals. The Republican priorities evident far into the next decade—as high as reason to suspect that this year will be in this resolution simply are not $159 billion in fiscal year 2000, $153 bil- any different. shared by most of the American people. lion in fiscal year 2002, and continuing The Republican budget would require I strongly oppose this resolution, and I urge my colleagues to reject it. for the foreseeable future. Earlier in devastating, unsustainable cuts in crit- the decade, OMB estimates for the 2002 ical programs that serve millions of AVIATION BUDGETING deficit ran as high as $576 billion. This Americans. In order to provide massive Mr. HOLLINGS. Mr. President, I wish year, those forecasts have been turned increases in defense outlays while try- to draw my colleagues’ attention to an upside down. CBO’s recent projections ing to stay under the discretionary opinion piece in today’s Washington call for unified budget surpluses rising caps passed 2 years ago, this plan Post on air safety. The article, titled ‘‘Yes to Air Safety’’ by Congressman from $131 billion in fiscal year 2000 to makes dramatic cuts in almost every SHUSTER, Chairman of the House $381 billion if fiscal year 2009. other area of government. According to Transportation and Infrastructure The budget resolution before us will estimates from the Office of Manage- Committee, talks about the critical seriously endanger this hard-won ment and Budget, the combination of need to fully fund our air traffic con- progress, and will short-change na- defense increases, protection of a select trol system and to build our nation’s tional priorities that the American few programs, and retention of the airports. It is a simple proposition that people have clearly indicated they budget caps would force spending re- is being put to Congress—if you take want to see addressed. Depending upon ductions in non-defense discretionary money from airline passengers, you one’s point of view, this is either the programs of $26.9 billion in fiscal year must use that money to build and sus- last budget of the old millennium, or 2000 alone. This would require an un- tain the system. the first of the new. In either case, it is precedented across-the-board cut of We all leave here every weekend, an opportunity for us to think seri- over 11 percent in real terms from fis- journeying across the country. Each of ously about our Nation’s needs and pri- cal year 1999 levels across a broad us encounters delays at Reagan Na- orities as we look into the next cen- array of important government func- tional. Right now, the FAA operates tury, and chart an appropriate course tions. the safest air transportation system in for the future. This budget, however, is On top of these huge cuts, this budget the world. Maintaining this high stand- less a forward-looking policy blueprint will cripple important programs far ard requires money—plain and simple. than a political document aimed at into the future in order to fund the ma- We can underfund the agency and we short-term gain. jority’s tax cuts. After the current can take the airline passenger money This is unfortunate, because as we spending caps expire, any future in- and give people a tax cut. If we do this, look toward the future we face some creases would be held to well under the then we can not complain about very real challenges, the most signifi- rate of inflation. This means that delays—it is our fault for the short- cant of which will come in Medicare every year, important functions will change. If we take the Trust Fund and Social Security. Together, these continue to suffer real cutbacks money and use it for a tax cut or other are two of the crowning achievements amounting to billions of dollars. In- purposes, it is our fault, not Jane Gar- of American government, and have lift- credibly, discretionary levels in 2009— vey or Rodney Slater’s, but ours alone. ed literally millions of older Americans 10 years from now—will be just 2.6 per- We have an opportunity to restore out of poverty. These programs have cent over those enacted this fiscal the ‘‘Trust’’ in the Airport and Airways worked, and continue to work every year, 1999. This will not even begin to Trust Fund, and to give to our con- day for our senior citizens and their make up for losses to inflation, to say stituents what they need and have paid families. nothing of increased needs caused by a for—a safe, and efficient air transpor- To prepare the country for the fu- growing population. tation system. We should not let it ture, any budget that we pass must I also must note that the conference pass us by. Congressman SHUSTER has meet several criteria. It must extend report does not specifically call for got it right. the solvency of Social Security and continuation of the traditional parity Here are the facts: Medicare. It must recognize the mag- in pay increases between military and From Fiscal Year (FY) 1982 through nitude of these obligations in a forth- civilian government employees. I suc- 1999, Congress appropriated more than right way, and include a mechanism to cessfully sponsored an amendment to $27 billion for the modernization pro- boost national savings and economic maintain this parity in S. 4, the mili- gram. FAA estimates that the effort growth, so that we are in a better posi- tary pay increase bill passed by the will need an additional $14 billion for tion to meet them. It should be de- Senate earlier this session, and I urge FY 2000–2004. The FAA requested $2.3 signed to reduce, not increase, the the Senate to continue its support for billion for FY 2000, which represents an growing income disparities that can this principle as the appropriations increase of 11 percent over the FY 1999 fray our social fabric. Finally, it process moves forward. appropriation level of $2.1 billion. But should protect other important na- Mr. President, this budget proposal it is not enough to fully modernize the tional priorities. Support for commu- falls far short of the mark in almost national air system (NAS).

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3752 CONGRESSIONAL RECORD — SENATE April 15, 1999 Accident rates for the U.S. air trans- There being no objection, the mate- nothing changes, during the next 10 years portation system, compared to other rial was ordered to be printed in the more than $90 billion will accumulate in the areas of the world or other modes of RECORD, as follows: Aviation Trust Fund. The speaker has agreed to bring our ‘‘Avia- transportation, all indicate that the YES TO AIR SAFETY tion Investment and Reform Act for the 21st U.S. aviation system remains the (By Bud Shuster) Century’’(AIR 21), which passed our com- safest in the world. For example, air- Although the safest in the world today, mittee unanimously; to the floor for a fair craft hull loss rates for the U.S. and America’s aviation system is hurtling to- and open debate. It will unlock the Aviation Canada are 0.5 per million departures, ward gridlock and potential catastrophes in Trust Fund so the ticket taxes paid into it compared to 3.8 per million for Asia the sky. Unfortunately, The Post’s April 2 can be used for aviation improvements, pro- and the Pacific islands. For 1998, there editorial ‘‘A No to Mr. Shuster’’ did not ac- vide for increased capacity at our airports, were no commercial passenger fatali- curately describe the efforts of the House modernize our air traffic control system and ties within the U.S. Transportation and Infrastructure Com- ensure continued safety for the world’s best As the FAA aviation forecast infor- mittee during the budget debate to unlock aviation system. Increased airport capacity the ticket taxes paid by airline passengers will mean more airline competition, which is mation, released just a few weeks ago, into the Aviation Trust Fund so they could part of the long-term solution to better cus- indicates, there will be almost 1 billion be used for their intended purpose of improv- tomer service. passengers (up from 607 million in 1998) ing America’s aviation system. The Post can’t have it both ways, saying and an increase in the total number of Contrary to the editorial’s assertions, our we should spend more on aviation while op- flights from 65 million to about 82 mil- bipartisan proposal would not cut one penny posing using the money paid into the trust lion by 2010. Today, the FAA, in many from other federal programs. Rather, it fund for that purpose. But I’m beginning to instances, is using outdated equipment would provide that the ticket taxes be used get it: The Post thinks it’s good government that must be replaced in order to meet for aviation improvements instead of being to spend $900 million out of the Highway the expected demand. used to pay for a small part of the $800 bil- Trust Fund for one Woodrow Wilson Bridge In 1997, the Congressionally created lion tax reduction proposed over the next 10 in the Washington area but bad to use the years. In fact, we provide for an open debate Aviation Trust Fund to improve aviation National Civil Aviation Review Com- and floor vote on whether the money going across America. mission (NCARC) found that gridlock into the trust fund should be used for avia- Mr. McCAIN. Mr. President, I will in the skies is a certainty in the near tion improvements (which we support) or for vote today, somewhat reluctantly, in future unless the ATC system is mod- a reduction in the aviation ticket tax. It is support of the Fiscal Year 2000 Budget ernized. According to the report, an in- grossly unfair to take airline passenger tick- Resolution. I say reluctantly because I crease in delays of just a few minutes et taxes and then give them away as part of per flight would seriously inhibit the a general tax cut. am very concerned about the inad- ability of carriers to operate hub and The Post was absolutely correct, however, equate level of funding provided in this in acknowledging that ‘‘no one disputes a spoke systems. I must note that one resolution for national defense. need to increase aviation spending.’’ Since On the positive side, this budget reso- DOT study suggests that adding 48 airline deregulation, passenger travel has in- lution establishes a road map for this more flights at Reagan National would creased from 230 million annually to 600 mil- Congress to enact the largest tax cut create approximately 3 to 4 minute lion last year and is projected to be 660 mil- since the Reagan Administration, lock more delays per aircraft. This report lion this year and more than a billion annu- up the Social Security surplus, shore was further supported by an American ally in the first decade of the next century. Airlines study detailing how a four A 30 percent increase in aircraft operations up Medicare, substantially reduce the minute increase in delays would seri- is forecast for our top 100 airports in the next public debt, and still keep spending ously impact the ability of carriers to decade, with a 50 percent increase in the within the limits established in the number of commercial jets in our skies. Air 1997 bipartisan budget agreement. It operate hubs. The FAA estimates that cargo, which increased 74 percent in the last if demand increases as expected, no also provides the largest increase in 10 years, is growing even faster. history, $1.8 billion above the Presi- new runways are added to major air- Airport congestion is already sky- ports, and no advances are made in air rocketing. The FAA reports that our 27 larg- dent’s budget, for veterans’ health traffic control, then 15 of the U.S.’s est airports each are experiencing more than care, which has been consistently un- major airports will be severely con- 20,000 hours of recorded flight delays annu- derfunded for years. gested by 2006. In January 1997, the ally, costing the airlines $2.5 billion and the Most important, the resolution takes White House Commission on Aviation American people more than $7 billion in lost an important step toward preserving productivity. But that’s only the tip of the Security and Safety recommended that Social Security for current and future iceberg. Airlines are building delays into recipients. It reaffirms the 1990 law, we expedite the modernization of the their schedules. For example, Washington to ATC system and complete the project now expired, that prohibited using the New York should be only a 45-minute flight, Social Security Trust Fund surpluses by 2005, ten years earlier than origi- but it’s scheduled for an hour. The actual nally planned. cost of congestion may be approaching $20 to offset other spending, and it estab- If we do manage to fix the air traffic billion annually. One study estimates that lishes a new point of order against control system to make it more effi- we need a 60 percent increase in airport in- spending any of the Social Security cient, we still need to have more run- frastructure investment just to maintain the surplus on anything other than pay- ways and terminals to accommodate current levels of delay. ment of Social Security benefits or re- The General Accounting Office states that the expected growth. Again, it is sim- forming the system. This resolution $17 billion will be needed during the next five walls off the Social Security Trust ple, if one has too many planes trying years just for air traffic control moderniza- to land on one runway, one will have tion. Last year our air traffic control system Fund so that money paid in by tax- delays. Runways do not come cheap. experienced more than 100 significant system payers for their retirement cannot be The runway in Seattle, which we agree failures. Dulles went down for more than 10 stolen by spendthrift politicians to pay is sorely needed, will cost more than hours just a few weeks ago. The National for their favorite pork-barrel projects $830 million. A new runway in Atlanta, Civil Aviation Review Commission states or new government programs of dubi- Chicago, or Dallas likewise will cost that ‘‘without prompt action, the United ous merit. hundreds of millions of dollars. With- States’ aviation system is headed toward Saving Social Security and providing gridlock... [and] a deterioration of avia- out that added capacity, delays will in- greater retirement security for our tion safety [which would] harm the effi- citizens should be our first priority. We crease. We know this. No one disputes ciencies and growth of our domestic econ- this. It gets back to money—we have a omy, and hurt our position in the global must find a viable solution to the im- Trust Fund which will have $79 billion market place.’’ Last month, two jet cargo pending bankruptcy of Social Security by 2008 just sitting there. The General planes came within a hundred feet of a mid- which restructures the system in a Accounting Office has also told us of air collision over Kansas because the Kansas manner which provides working Ameri- the looming funding crises for airports. City Air Traffic Control Center lost radio cans with the opportunity, choices, and We simply can not ignore our duty—we contact with them. flexibility necessary to ensure their fu- The good news, however, is that the ticket ture retirement needs are fully met. can not use that $79 billion for any- taxes flowing into the Aviation Trust Fund thing other than funding our air trans- can provide a substantial increase for avia- Everyone who has worked and invested portation system. tion improvements. Specifically, more than in the Social Security system must be I ask unanimous consent that the $10 billion is going into the trust fund annu- guaranteed to receive the benefits they editorial be printed in the RECORD. ally, while spending is around $7 billion. If were promised, but reform must not

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3753 place an unfair burden on today’s it. However, the shortfall in defense their current service agreement. The workers. Until we find that solution, spending in this budget raises very se- Army says that five of its ten divisions however, it is imperative that we shore rious concerns. lack enough majors, captains, senior up the system to ensure payment of It is no secret that there are serious enlisted personnel, tankers and gun- benefits will continue, on time and in readiness, retention and recruiting ners. full, to everyone who has earned them. problems throughout the military. The The military’s problems do not stop To do this, we must not only protect Service Chiefs testified before the Sen- at recruiting and retention issues. For the existing Social Security surplus, as ate Armed Services Committee in Sep- example, the Army’s number one mod- this resolution does, but ensure that tember last year, and again in Janu- ernization program, the Comanche hel- additional funds are available, if need- ary, that they require an additional $20 icopter, is undergoing flight testing ed, to shore up the system in the ab- billion over the fiscal year 1999 budget with just one asset. If that helicopter sence of meaningful reforms. The in fiscal year 2000 to stop declining has a serious malfunction or is lost, President’s ‘‘smoke and mirrors’’ budg- force readiness. The President, after who knows how long the program will et promised to save 62 percent of the promising an additional $12 billion, be delayed. The Army has another test non-Social Security surplus to shore up only added $4 billion in his budget re- platform but has testified that they Social Security, but that has been quest. Then, during this year’s budget simply cannot afford to fly it. shown to be a baseless claim when his hearings, the Service Secretaries and With the recent deployment in the budget is carefully analyzed. Unfortu- Chiefs confirmed that readiness un- Balkans, the world watched night after nately, this budget resolution did not funded requirements still exist and night as the Air Force’s main bomber, dedicate additional funds to save So- submitted lists to meet their readiness the B–52, was once again called to duty cial Security either. I believe we requirements. Yet the Budget Resolu- to deliver air launched cruise missiles should set aside a significant portion of tion does not provide sufficient funding in combat. How many times has the the additional surplus to extend the to meet the minimum requirements of Air Force called upon this 40-year old fiscal viability of the system and ease the Joint Chiefs of Staff to adequately workhorse to deliver devastating fire- power? The B–52 bomber was already the fears of our senior citizens, and I fund critical readiness, personnel and old when I saw it fly in Vietnam, and intend to work to see that happen. modernization programs. Locking up the Social Security Trust The Conference Report veils its yet the Air Force plan will carry the Fund surplus and setting aside a sig- underfunding of vital defense programs current bomber fleet through the next nificant portion of the non-Social Se- by putting an additional $8.3 billion for 40 years, with a replacement to the B– curity surplus does not mean we can- Fiscal Year 2000 in the Pentagon’s 52 tentatively planned in 2037. The Navy is struggling to maintain a not also provide significant tax relief bank in the form of increased budget fleet of 300 ships, down from over 500 in to those who need it most—lower- and authority, but because of the arcane the early 1990s. The fiscal year 2000 middle-income Americans and their scorekeeping rules of the Congressional budget will not support a Navy of even families. The Budget Resolution pro- Budget Office, the Services would not 200 ships. The Marine Corps saves be able to actually spend that money vides for $142.3 billion in tax relief over money in spare parts by retreading because it would exceed the outlay cap. the next five years, amounting to $779.9 light trucks and Humvees, so as to af- Fortunately, the conference agreement billion over ten years. The tax cuts are ford small arms ammunition for for- provides $2 billion more in outlays appropriately targeted toward elimi- ward deployed Marines. nating the marriage penalty, expand- than the Senate version, but the spend- The list goes on and on, but what we ing the lowest 15% tax bracket, estate ing limit is still $6.7 billion less than must recognize is that it illustrates tax relief, more favorable tax treat- the President’s budget when estimated very serious readiness problems that ment of health insurance cost for the by the Congressional Budget Office. continue to grow and must be stopped self-employed, and capital gains tax And the resolution shortchanges de- if we hope to preserve the world’s fin- fairness for farmers. fense next year and every year there- est military and continue to support But Americans need and deserve an after. the men and women in uniform, many even bigger tax cut. Federal taxes con- Earlier this year, the Senate passed of whom are in harm’s way in Oper- sume nearly 21% of America’s gross do- legislation of which I was a primary ar- ation Allied Force in Kosovo today. mestic product, the highest level since chitect, along with Senator ROBERTS, Mr. President, I could go on, but suf- World War II. A recent Congressional Majority Leader LOTT and Senator fice it to say that the military needs Research Service study found that, WARNER. This legislation, the ‘‘Sol- more money to redress the serious over the next ten years, an average diers’, Sailors’, Airmen’s, and Marines’ problems caused by more than a decade American family will pay $5,307 in Bill of Rights Act of 1999’’, would re- of declining defense budgets. Those of taxes over and above what the govern- store military retirement benefits to a us who have been criticized for sound- ment needs to operate. Congress did full 50 percent of base pay for 20-year ing alarm bells about military readi- not balance the budget so Washington retirees, includes a 4.8 percent pay ness now have the empty satisfaction spending and government bureaucracy raise effective January 1, 2000, pay of seeing that there is more to main- could continue to grow at the tax- table reform, Thrift Savings Plan pro- taining a strong defense than a politi- payers expense. Letting the American posals, and a Special Subsistence Al- cian’s history of falsely promising to people keep more of their own money lowance to help the neediest families do so. What is at risk, without exag- to spend on their priorities will con- in the Armed Forces who now require geration, are the lives of our military tinue to fuel the economy and help cre- federal food stamp assistance. This personnel and the national security of ate more small business jobs and other Budget Resolution puts all these re- the United States. employment opportunities. cruitment and retention tools in jeop- Mr. President, for many years, the The tax cuts in this Budget Resolu- ardy because it does not provide the Services have struggled to make do tion are significant, but I think we dollars needed to fulfill these promises with the funding we provide to them, should return even more of the surplus to our service members and their fami- as Congress persists in draining away back to the taxpayers. I believe we lies. resources for low-priority, wasteful, should reserve part of the non-Social Mr. President, the nuclear carrier pork-barrel spending projects. After Security surplus to shore up the sys- U.S.S. Enterprise (CVN–65) is currently hearing from the Service Chiefs in tes- tem and give a bigger tax cut to Amer- deployed in the Persian Gulf, under- timony this year, I hope my colleagues ican families, which would be paid for manned by some 800 sailors. We are los- are prepared to halt the long-standing partially by closing tax loopholes and ing pilots to the commercial airlines practice of earmarking funds for home- eliminating inequitable corporate sub- faster than we can train them. The state programs and special interest sidies to offset the cost. Navy has one-half the F/A–18 pilots, items. If not, we will exacerbate the Saving Social Security, cutting one-third of the S–3 pilots, and only dangers of failing to provide the re- taxes, providing for our veterans, and one-quarter of the EA–6B pilots it sources necessary to maintain military many other aspects of this Budget Res- needs. Only 26 percent of the Air Force readiness and our war-fighting capa- olution are sufficient reason to vote for pilots have committed to stay beyond bility.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3754 CONGRESSIONAL RECORD — SENATE April 15, 1999 Mr. President, I will vote for this budget fails on both scores. It does not They said it would destroy our econ- Budget Resolution because it provides adequately lock away Social Security omy and trigger a second Great Depres- a measure of tax relief, additional vet- trust funds and fails to add any re- sion. Many who made those predictions erans funding, and, most important, sources to Medicare. It also includes are still here today. Many who bravely locks up the Social Security Trust hundreds of billions of exploding tax voted for our plan are not. They knew Fund for Social Security. But I am cuts that are paid for with projected they were risking their careers when gravely concerned about the defense surpluses. There is a huge problem they voted for our plan. But they did it spending levels in this budget, and I in- with this approach. The tax cuts come anyway, because they believed we tend to do everything I can to ensure and keep on coming whether or not the could not continue the ruinous eco- that every dollar in the Defense and surpluses ever appear. nomic policies of past. Military Construction Appropriations This approach adopted by my Repub- Today, the results of Democrats’ 1993 bills is used for high-priority defense lican colleagues represents a radical economic plan should be clear to all. requirements, like recruiting and re- departure from the policies that lifted The deficit has declined 7 years in a tention incentives, operations and America out of recession in the late row—the first time that’s happened in training, and urgent modernization 1980s and early 1990s and created the our nation’s history. Last year, this programs. I urge my colleagues to put strongest economy in a generation. nation enjoyed the first unified bal- aside their parochial interests and join After a decade of massive deficits anced budget in 30 years. This year, we me in that effort. caused primarily by ballooning tax expect a $111 billion unified surplus. In Mr. DASCHLE. Mr. President, it is breaks, President Clinton and a then addition, we are experiencing the an unfortunate fact around here that Democratic Congress embarked on a strongest economy in a generation. budget resolutions are frequently seen new path, a path that coupled spending Eighteen million new jobs have been as little more than meaningless manip- cuts with targeted investments and tax created since 1993. We have the lowest ulations of numbers. They are per- cuts for working families. This budget unemployment rate in nearly 30 ceived by some to have no real impact abandons that successful approach and years—4.5 percent. We have the lowest on Congress and even less on the Amer- will return this country to the large core inflation rate in more than 2 dec- ican people. Whether you agree or dis- deficits of the 1980s. ades—2.5 percent. We have witnessed a Even more distressing to me, if we agree with this perception of previous 2.5 percent rise in wages—the fastest follow this plan, we will squander the budget resolutions, I think we can all growth in wages in more than 20 years. best opportunity—perhaps in our life- agree that the budget resolution before We are living during the longest peace- times—to keep our commitments on us is different. time economic expansion in our his- Medicare and Social Security and ef- What we have been debating and are tory. Largely as a result of this string fectively deal with some of the most about to vote on, is our nation’s first of economic good news, the Congres- serious social and economic needs fac- budget of the 21st century. The FY 2000 sional Budget Office is now projecting ing our country—now, before they be- budget resolution represents a blue- budget surpluses for as long as the eye come crises. print for our future. The decisions It is my impression that debate on can see—a total of $4.6 trillion over the made on this resolution could deter- this year’s resolution has been short, next 15 years. So Mr. President, we faced the tough mine how we live—not just next year— indeed, perhaps the shortest in my questions in 1993. The question facing but for a generation—maybe longer. memory. The reason may well be that Congress this year ought to be easy. Before getting into the specifics of there are not a lot of small details to Then the question was: how do we re- the budget proposals before us, let me debate. Instead, we face a single major duce the deficits? How do we get Amer- say a few words about what a budget question: What should we do with the ica working again. Now, the question resolution should do. In my view, a $4.6 trillion in surpluses projected over budget resolution should be visionary. next 15 years? Without a doubt, this is is: what should we do with the surplus? It should look at today’s cir- the most important fiscal decision con- How do we keep America working? We’ve already proved tough decisions cumstances, assess where improve- fronted by Congress in generations. don’t have to be cruel decisions. We ments are needed and apply the appro- With this budget resolution we face can continue to make economic priate amount of resources. real choices with real consequences. progress today, without sacrificing our A budget resolution must be fiscally Every family, every business, in Amer- economic future. With the plan we of- responsible. Prior to 1993, previous ica will be profoundly affected by how fered this year, Democrats balanced Presidents and Congresses have fre- we answer this one question. quently failed to live within their Unfortunately, the Republican budg- the budget—and cut taxes on working means. The result was large annual et resolution conference agreement families—without gutting our invest- deficits and a $4 trillion national debt. makes too many wrong choices. It is ments in our children’s education. We Since 1993, we have reduced the deficits wrong on Social Security and Medi- balanced the budget—and cut taxes on 7 years in a row. Future budget resolu- care. It is wrong on debt reduction. It working families—without raiding So- tions must continue this pattern. is wrong on tax relief with its emphasis cial Security and Medicare. We bal- A budget resolution must save money on tax breaks that favor the wealthiest anced the budget—and cut taxes on to keep promises we’ve already made. over working families. It is wrong on working families—without sacrificing The federal government has legally education, health care, and other crit- our ability to protect our environment. binding commitments on Medicare, So- ical investments. Therefore, I’ve con- We balanced the budget—and cut taxes cial Security, child nutrition and stu- cluded this resolution is wrong for on working families—without adding dent loans to name a few. A budget res- America. And I will vote against it. more Americans to the rolls of the un- olution must live up to the federal gov- I would like to say a few words about insured. In fact, we found a way to help ernment’s legal obligations in these the choices we face in the future. How- parents who work full-time, but don’t areas. ever, first, I think it’s important to have insurance, to provide health in- Finally, Mr. President, a budget reso- take a brief look back. When President surance for their children. lution must invest in the future—in Clinton took office in 1993, the budget Our budget plan builds on our past things like education, transportation, deficit was a whopping $290 billion—the success. We make tough decisions. But technology, and health care—so we can highest level in this nation’s history. we also make smart decisions. We pass the promise of America onto our And, it was projected to grow to more honor the commitments our nation children. than $500 billion by this year. In that made in the past, and we invest in the Unfortunately, the budget resolution year, 1993, President and Democratic future. The Democratic vision for our before the Senate today does none of Congress—without a single Republican fiscal future is based on 4 principles. these things. This resolution is decep- vote—took action; together we passed First, we protect and preserve Social tive and fiscally irresponsible in the the largest deficit reduction package in Security and Medicare. The Demo- extreme. It claims to protect Social our nation’s history. cratic plan locks away every penny of Security and Medicare. It claims to Our political opponents condemned the $2.9 trillion Social Security sur- live within our means. In reality, this our plan; they predicted economic ruin. plus, plus an additional $700 billion for

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3755 Medicare. We are first to admit: our Security. Under the Democratic plan, of every four dollars it now spends on plan doesn’t solve all the issues facing Social Security’s solvency is extended critical domestic priorities. Frankly, these two important programs. We until at least 2055—23 years longer than it’s amazing to me that some of the know we also need to make structural what’s now projected. same people who only weeks ago said reforms. But, by locking away every Now, Republicans say they will set Congress would be forced to break penny of Social Security and saving 15 aside 62 percent of the surplus for So- budget caps this year can now claim, percent of the unified surplus for Medi- cial Security—the same as our plan. with a straight face, that they can cut care, we can avoid a crisis—which dra- But nowhere in their plan do they say federal spending by 27 percent over matically reduces chance of having to what they intend to do with that next five years. make radical changes. money. While they say they will put Their tax cut plan is unfair and un- Second, our plan pays down the na- every dime of Social Security taxes in workable, and we all know it. The last tional debt. In 10 years, we can reduce the Social Security trust fund, no- time we tried their tax plan—the last our public debt from $3.5 trillion, to where in their plan do they promise to time we tried to grow the economy by $1.6 billion. In 18 years, under our plan, keep the funds there. Nowhere do they cutting trillions of dollars in taxes and we can eliminate the debt entirely. By guarantee that Social Security will giving most of the money to wealthiest 2018, America could be debt-free. Debt continue to provide a monthly benefit. Americans—we quadrupled the na- reduction keeps interest rates down. Nowhere do they commit to preserve tional debt and ran the economy into This means lower mortgage rates, unemployment benefits workers now the ground. lower rates on car loans, lower month- get, or death benefits for their sur- In conclusion, Mr. President, there ly credit card bills, and lower student vivors. In fact, the conference report are terrible problems with the Repub- loan bills. It also means more invest- before us specifically allows Repub- lican budget resolution. Democrats ments for businesses, more economic licans to divert Social Security re- growth, more jobs, and more oppor- tried to correct these problems in the sources out of Social Security and use Budget Committee. We tried to make tunity for the future. them to pay for private retirement ac- Third, our plan cuts taxes for Amer- adjustments on the Senate floor. In counts or additional tax cuts. both places, we were defeated on party- ica’s working families. Our plan pro- If the Republican majority believes vides $400 billion in targeted tax relief line votes. So, we will pass this con- the federal government should keep ference agreement in a few minutes. to help families save for retirement the commitments it has made, they and pay for child care. Our plan also in- And while we may disagree on its should say so, clearly, in writing. So- merits, we all know, Democrats and cludes a $1,000-a-year tax credit for el- cial Security taxes for Social Security derly and disabled Americans who need Republicans alike, this plan will never benefits is not a difficult concept to become law. So, we have a lot of work long-term care—or the family members grasp, and an even easier one to say. who provide that care. It cuts the mar- ahead of us in the next several months. Despite all their rhetoric during the Democrats will listen to any reason- riage penalty tax. And, it provides tax budget debate, the Republican budget credits for research and experimen- able, responsible plan anyone wants to resolution chooses not to say it. And propose. We’re willing to negotiate tation. even worse, it does not do it. Instead, Fourth, our plan invests in America’s across the aisle, and make com- the Republican resolution treats Social future—over $400 billion in key prior- promises, to come up with budget pro- Security as just another piggy bank to ities. These resources can be used to posals that can be signed by the Presi- pay for their tax breaks or private re- provide for more teachers for our kids, dent. However, we will not compromise tirement accounts. That is its second more pay and better housing for our on our commitments. We will not re- major failing. troops, and more law enforcement peat mistakes of the past. We cannot The third major problem with Repub- agents. It provides more for job train- squander this opportunity. lican budget resolution is the choice it ing, more for safe drinking water and makes about who gets tax relief. Our THE DISCRETIONARY CAPS clean air quality. It will result in bet- budget targets tax cuts to the needs of Mr. DOMENICI. Mr. President, I ter roads and safer airports and rail working families. Republicans say want to add one response to those who lines. criticize this budget resolution as nec- The Republicans are offering a very their plan is better because it contains tax cuts for everyone. That’s not true! essary resulting in all manner of different plan. It makes very different dreamed-up, horror-story kind of cuts choices. Their plan sets aside nothing Under the 10 percent across-the-board tax cut endorsed by many in their in federal border agents, food safety in- for Medicare. As I said earlier, we save spections, and other programs selected 15 percent of the surplus—$700 billion— party, nearly two-thirds of benefits for the maximum scare value. for Medicare. We put it in a real would go to the wealthiest 10 percent Here is the truth instead. In 1997, just lockbox; these funds can’t be used for of Americans. If you earn $800,000 a 2 years ago, the bipartisan budget anything but Medicare. Their plan does year, you save $20,000 a year in taxes. agreement, and the law that imple- not save one penny specifically for But if you earn $38,000 a year or less mented it, set out caps on discre- Medicare. Moreover, when Senate Re- —like 60 percent of American fami- publicans introduced their budget reso- lies—you’ll save $99 a year—27 cents a tionary spending for 1998 through 2002. lution, they said they were setting day. That’s if you’re lucky. According And yes those caps were expected even aside $133 billion for Medicare. Later, to the Joint Tax Committee, then to be tight as they were encoun- they revised that figure down to $100 Congress’s official tax-estimating tered each year. In his budget request billion. In the conference agreement body, 48 million middle-class families for 2000, the President appeared to before us today, there’s nothing to pre- would get nothing under a 10 percent pledge fealty to those caps for 2000, serve the existing Medicare program. tax cut. Not a nickel! claiming that the caps could be com- The truth is Republicans are not set- What would that 27 cents cost Amer- plied with even as CBO demonstrated ting aside any money specifically for ica’s families? It means there will be the President could not deliver on all Medicare. Their budget resolution rec- nothing left over to protect and pre- his spending promises without exceed- ommends we extend the solvency of serve Medicare. It also means crippling ing the caps by at least $17 billion. Medicare through benefit cuts alone. cuts in education, health care, environ- Further, the respective minority If we act as this resolution proposes ment, agriculture, food safety and leaders of both the House and the Sen- and fail to set aside real money for countless other critical areas. Accord- ate castigated the congressional major- Medicare now, and fail to enact real re- ing to an analysis by the Office of Man- ity for even exploring the idea of in- forms soon, the Medicare trust fund agement and Budget, the Republican creasing the caps in this resolution and will go broke. That would be an emer- budget will cut domestic investments instead the minority leaders reiterated gency of staggering proportions. And by 11 percent across-the-board this their devotion to the caps set 2 years the Republican budget does nothing— year. By 2004, these cuts will grow to 27 ago. So this budget resolution does nothing—to prevent it. percent. The Republican budget resolu- comply with the caps, just as the Presi- Their plan does not guarantee one tion would eventually force the federal dent and the Democratic congressional additional day of solvency for Social government to cut more than one out leadership insist it should.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3756 CONGRESSIONAL RECORD — SENATE April 15, 1999 But a fair question would be: how do DeWine Hutchison Santorum have even more excess than that, some Domenici Inhofe Sessions we fund all the discretionary appro- Enzi Jeffords Shelby of it ought to go back to the American priation needs while complying with Fitzgerald Kyl Smith (NH) people by way of tax reductions, tax re- the discretionary cap discipline? As al- Frist Lott Smith (OR) form measures and the like. ways, that will be up to the appropria- Gorton Lugar Snowe I regret to say that I believe when Gramm Mack Specter the American people have understood tions process. The budget resolution Grams McCain Stevens never dictates to the appropriations Grassley McConnell Thomas all of this, and when they understand committee how individual programs or Gregg Murkowski Thompson these surpluses are not Social Security bills should be funded. What the budget Hagel Nickles Thurmond surpluses, they are over and above Hatch Roberts Voinovich that, I think they will agree with us resolution does do is suggest in broad Helms Roth Warner that some of that ought to go back to categories what some spending prior- NAYS—44 ities ought to be, and in some cases, it the American taxpayer. I think it is a Akaka Edwards suggests, as sort of a menu, some Levin good balance between the Govern- Baucus Feingold Lieberman ment’s needs and the taxpayers’ rights spending reductions or other offsets Bayh Feinstein Lincoln and the taxpayers’ needs. that the appropriators could consider Biden Graham Mikulski I thank the staff, minority and ma- in constructing the 13 appropriation Bingaman Harkin Murray Boxer Hollings jority, for the very dedicated service in bills. For example, the Senate-passed Reed Breaux Inouye Reid getting this complicated resolution to resolution indicated that repeal of the Bryan Johnson Robb Byrd Kennedy the floor. Davis-Bacon Act and the Service Con- Rockefeller Cleland Kerrey With that, I yield the floor and thank Sarbanes tract Act would save significant con- Conrad Kerry Schumer everyone for helping. struction and contract dollars that Daschle Kohl The PRESIDING OFFICER. The Sen- Dodd Landrieu Torricelli could be applied to increases in edu- Wellstone ator from Georgia. cation or defense. Other sources of sav- Dorgan Lautenberg Durbin Leahy Wyden f ings mentioned include food safety in- spection fees and spectrum lease fees to NOT VOTING—2 ORDER OF PROCEDURE encourage more efficient use of spec- Hutchinson Moynihan Mr. COVERDELL. Mr. President, in trum by both private and government The conference report was agreed to. just a few minutes, in the order of a users. And in certain specific budget The PRESIDING OFFICER. The Sen- previous unanimous consent agree- functions, to offset discretionary ator from New Mexico. ment, we are going to move to S. 767, spending, some functions call for the Mr. DOMENICI. Mr. President, I be- but the two distinguished Senators sale of certain federal assets and other lieve that completes our work. I want from Connecticut have a very impor- assume specific savings amounts in to thank everyone, whether they were tant resolution relating to their State. mandatory programs, which include re- with the budget that I prepared or It will take a few minutes. I ask unani- quiring securities registration for five whether they were against it, for their mous consent that they be allotted up government-sponsored enterprises and cooperation. And I thank our leader- to 5 minutes, beginning immediately, other incentives to encourage competi- ship for getting that budget down here, to present their resolution. tion and rededication to their missions. and the minority leader and the major- The PRESIDING OFFICER. Without Other functions call for reducing exces- ity leader for helping expedite it. objection, it is so ordered. The Senator sive flood insurance subsidies and This is the 15th. We know it is a very from Connecticut. imply reactions in certain grants to ominous day out there in America. It is f local governments that are often mis- tax day. But on a smaller scale, the CONGRATULATING THE 1999 UNI- directed to those not the most finan- Budget Act of the United States says VERSITY OF CONNECTICUT cial needy. If the appropriations fairly the budget shall be finished in both MEN’S BASKETBALL TEAM consider these as well as many other Houses on this date. I do not think it had anything to do with tax day, but Mr. DODD. Mr. President, on behalf savings items contemplated in this of myself and my distinguished col- budget resolution, they will have op- they occur together every year. Only league from Connecticut, Senator LIE- portunities to provide the increases de- twice in the 25-year history of the BERMAN, I send to the desk S. Res. 77 manded by some and avoid the de- Budget Act have we produced budgets in both Houses, the blueprints. and ask for its consideration. creases in vital programs imagined by The PRESIDING OFFICER. The others, while still complying with the They are congressional in nature. They are not Presidential budgets, nor clerk will report. caps. The legislative clerk read as follows: does he sign them. It is historic and The PRESIDING OFFICER. The A resolution (S. Res. 77) commending and question is on agreeing to the con- significant that as we attempt to get congratulating the University of Con- ference report. The yeas and nays have our work done this year and make sure necticut Huskies for winning the 1999 NCAA been ordered. that the American people understand Men’s Basketball Championship. The clerk will call the roll. that we are on target for the issues There being no objection, the Senate The legislative clerk called the roll. they are concerned about—Social Secu- proceeded to consider the resolution. Mr. NICKLES. I announce that the rity, Medicare, tax reduction, defense Mr. DODD. Mr. President, it is some- Senator from Arkansas (Mr. HUTCH- spending, education and the like—we what appropriate, I say to my friend INSON) is necessarily absent. want them to know that the budget is and colleague from Connecticut, that Mr. REID. I announce that the Sen- ready to lead us into a new approach the Presiding Officer is from Ohio. But ator from New York (Mr. MOYNIHAN) is for the next millennium. for Ohio, we would not have made it to absent due to surgery. Everyone doesn’t agree, but a very the Final Four, the final game. large percentage of the Senators here I further announce that, if present This is a moment of great joy for my have voted in favor of this new ap- and voting, the Senator from New York colleague and I and for the people of proach, which I believe will add signifi- Connecticut. We express our condo- (Mr. MOYNIHAN) would vote ‘‘no.’’ cantly to the economic future, eco- The PRESIDING OFFICER. Are there lences to the delegation from North nomic growth and jobs, and at the any other Senators in the Chamber Carolina, the home of Duke University. same time set a pretty good priority who desire to vote? It is a fine university with a fine bas- for the American Government’s ex- ketball team that led the Nation The result was announced, yeas 54, penditures. ranked number one for a good part of nays 44, as follows: This does have a philosophical bent the season. But, unfortunately, on that [Rollcall Vote No. 86 Leg.] to it; that is, if you have excess reve- night of March 29 in St. Petersburg, YEAS—54 nues, you pay down the debt. We have FL, the Blue Devils met the Husky Abraham Brownback Cochran done that. We have almost paid down team from Connecticut in what many Allard Bunning Collins one-half of the national debt in the have described as one of the best na- Ashcroft Burns Coverdell Bennett Campbell Craig next decade—rather significant, good tional championship finals in colle- Bond Chafee Crapo for the economy. We believe when you giate basketball history. Ultimately,

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3757 our team from the University of Con- something that we in America take as ‘‘Huskymania,’’ which makes every necticut prevailed. To say that there is pride in as it is a sport that is home- day of the season seem like March a great sense of pride in Connecticut grown. Madness in Connecticut. The interest and enthusiasm and joy over this vic- Lastly, Mr. President, the fans, the is so intense that the Huskies, hailing tory is to understate the case by a con- student body, the administration, Phil- from the third smallest State in Amer- siderable margin. We are a State that, lip Austin, President of the university, ica, travel with the largest contingent over many years, has had to export our the Board of Trustees, and the faithful of reporters in all of college basketball, allegiances in athletics. We have had a alumni were all in that arena to watch referred to simply as ‘‘the horde.’’ hockey team and a women’s profes- the Ohio State game, and then the Now, Mr. President, over the last sional basketball team, both of which final game on Monday. They were both decade, Huskymania has been height- have left our State. There is a good great games. I know the former Gov- ened by the enormous success of our possibility we will be the home of the ernor of that State, the occupant of the great coach, Jim Calhoun and athletic New England Patriots in the not-too- Chair, takes great pride in Ohio State. director, Lew Perkins. UCONN has distant future. In the meantime, it has The coach of your team was an assist- dominated the storied Big East Con- been our men and women’s basketball ant coach at the University of Con- ference, winning six regular season teams at UCONN that have captured necticut. He was in Florida and rooting championships, distinguishing itself in the attention of everybody in our for Connecticut, I can tell you, during NCAA tournament play, advancing to State, and I might say, as well, beyond that final game. I am sure he would the Elite Eight three different times. our State’s borders. I think a good part have liked to have been coaching that The one thing missing was a trip to the of the Nation was rooting for this 91⁄2 game instead, but despite not being fabled Final Four and a national cham- point underdog on March 29 as they there himself, and given his former re- pionship, and that dream was realized prevailed in this great victory. lationship with the University of Con- on March 29 with the victory over the I want to mention a couple of people necticut, it is understandable how he Duke Blue Devils in what has to have if I can. First of all is Jim Calhoun, the felt a special affection for the UCONN been, not just for Connecticut fans, but Head Coach of the UCONN men’s bas- team. for basketball fans all over the coun- ketball team. He has been with the Again, Mr. President, as I began, let try, one of the great games in recent team for 13 years and has had a won- me end. This was a great moment for history of college basketball. derful, wonderful record, including cap- our State. The people are very proud of The Huskies’ thrilling victory turing the 1988 NIT title and appearing the accomplishments of this team and touched off a joyous celebration in our in six ‘‘Sweet 16’s,’’ and three ‘‘Elite 8″ our university. Senator LIEBERMAN and State, which is normally known as rounds. And he has now led the team to I wanted to take a moment out of the ‘‘the land of steady habits,’’ an exhila- victory in the national championship. Senate business to recognize the ac- ration which I experienced literally He is not only a outstanding coach, but complishments of these fine young men firsthand that night. I could not go to also a wonderful human being with of the University of Connecticut and Florida to see the game, but I did the great dedication to his team, his play- thank the people of our State who have next best thing—I went to Coach’s Bar ers, the university, and our State. As so faithfully supported them through- and Grill in Hartford, CT, which is par- well, his coaching staff is a fine group out these many years. tially owned by Coach Calhoun. Let me of people who have also dedicated so Mr. President, at this time I would just say to my colleagues on the floor, much energy and time to making this like to recognize all the coaches and I was, by far, the senior citizen in the team the success it has been. players of the 1999 NCAA Men’s Basket- bar that night. It seemed like about I would also like to mention some of ball Championship team: Head Coach half of the State’s under-30 population our UCONN players and commend a Jim Calhoun, Associate Head Coach was there. The fervor was intense and couple of the fine athletes who made Dave Leitao, Assistant Coach Karl the joy extreme when the game was such significant contributions in the Hobbs, Assistant Coach Tom Moore, over. championship game. Beau Archibald, Justin Brown, Khalid Let me say that we are proud of this Our sophomore guard is Khalid El- El-Amin, Kevin Freeman, Richard victory, but we are also really proud of Amin. We thank the State of Min- Hamilton, E.J. Harrison, Rashamel the values that are part of it—the nesota because he was a native and de- Jones, Antric Klaiber, Ricky Moore, teamwork, the sacrifice, the sports- cided to make the University of Con- Albert Mouring, Edmund Saunders, manship, the determination and the necticut his home for basketball pur- Souleymane Wane, and Jake Voskuhl. dignity this team and its coach showed poses. He has been a sparkplug for our With that, I yield to my colleague, an in scrapping and hustling their way to team and has done a tremendous job. equally fervent champion and fan of the pinnacle of college basketball. The As many will recall, he made two free the UCONN team. character of this UCONN team is an throws in that final game with only 5.2 Mr. LIEBERMAN. Hear, hear, Mr. apt reflection of their great coach, Jim seconds left, which absolutely iced the President. I thank my friend and col- Calhoun, who is a great coach because victory for UCONN. league from Connecticut. I am proud to he is a great man, a man of indomi- Richard Hamilton has become one of join with him in introducing this reso- table spirit, tremendous values, and a the great players in collegiate history. lution commemorating what was truly great pursuit of excellence. I am He was the Most Valuable Player of the one of the most thrilling and uplifting thrilled that Coach Calhoun is finally NCAA tournament, the Most Valuable moments in the modern history of our getting his due as one of the Nation’s Player in the Big East tournament this State—and I do not say that lightly— great coaches. year, and is truly one of the great, the national championship won by the For now, I am grateful for the won- great players not only at the Univer- University of Connecticut men’s bas- derful gift that Jim and his players sity of Connecticut, but also through- ketball team. have given the people of Connecticut, out the Nation. I think to understand what this for the way they brought such a diverse Other players like Ricky Moore, achievement means to our relatively State together and reaffirmed our Kevin Freeman, and Jake Voskuhl did small State, my colleagues have to un- sense of community, for living up to a great job as well, all contributing derstand what this UCONN team has our highest ideals of sport and—if you when it counted most. Moore and Free- meant for the last decade to the people will allow me a pun in the name of the man, I think, deserve special recogni- of Connecticut. I don’t think there are Huskies—for showing that every dog tion for proving that defense is valu- many teams in the country that have a does indeed have their day. able. It is not just who can score the more rabid following than our Huskies. Now, Mr. President, if I may close most points, but who can be a great de- From their home base in Storrs, clear somewhat unusually, at Coach’s Bar fensive player. Both of them did a ter- across the State to Stamford, from and Grill on the night of the game, one rific job in proving the value of that Stonington in the east to Salisbury in of the young men there, at a critical element of this wonderful, unique game the northwest, every basketball season, moment in the first half, turned to me now played worldwide. Basketball is a the people of Connecticut are gripped and asked me if I would lead the game that began in Springfield, MA, with a delirium known affectionately UCONN cheer, and I did that. I was

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3758 CONGRESSIONAL RECORD — SENATE April 15, 1999 criticized the first time because they UNIFORMED SERVICES FILING danger pay that you receive on the pe- said my N’s were not too good. You will FAIRNESS ACT OF 1999 riphery of the combat theater will not see what I mean in a moment. As the Mr. COVERDELL. Mr. President, let be taxed. game went on, I was called on repeat- me explain for a moment where we are Second, it grants our troops a 180-day edly to lead this cheer, and of course, here. We have, by unanimous consent, 1 filing extension for their 1999 income we in Coach’s Bar and Grill feel that hour equally divided on S. 767. tax return. The 180 days begins when made the margin of difference in the S. 767 is cosponsored by Senators they return from duty in the combat victory that occurred in Florida that LEVIN, ROTH, TORRICELLI, ABRAHAM, zone. Third, it exempts our troops from the night. CLELAND, MCCAIN, ALLARD, HELMS, 3 percent excise tax levied on long-dis- COLLINS, BROWNBACK, FRIST, JOHNSON, If you will allow me, Mr. President, tance telephone calls to reduce some- HAGEL, BRYAN, DEWINE and GRAMS. here is the cheer: U–C–O–N–N, UCONN, what the burden of a long-distance call UCONN, UCONN. Senate bill 767 is identical to the legis- lation that passed unanimously in the home whenever they have a chance to Thank you. I urge adoption of the House Ways and Means Committee, and do that. Several days ago, the President resolution. which will be here later this afternoon signed an Executive order declaring The PRESIDING OFFICER. The at about 4 o’clock. When that gets Yugoslavia and certain areas sur- question is on agreeing to the resolu- here, we will vote on the House version rounding it a combat zone. This dec- tion. rather than the substitute that I just laration in turn provides troops serving described because there has been an ob- The resolution (S. Res. 77) was agreed in the zone with certain tax breaks jection on the other side. It is a bit per- to. which this legislation will codify and plexing. But we have had an objection. expand. It will expand it, for example, The preamble was agreed to. We don’t want internal differences to to troops like those in Georgia who are in any way for one moment delay the The resolution (S. Res. 77), with its fulfilling the refueling missions in the intent of this bill. I think everybody preamble, reads as follows: combat zone. The bill takes the Presi- will understand that in a moment. So dent’s order a step further by providing S. RES. 77 we are just simply setting the objec- these same level of tax breaks and fil- Whereas the University of Connecticut tion aside and we will accept the House ing extensions to those personnel who men’s basketball team capped a remarkable version. I am sure it will be an over- season by defeating the top-ranked Duke have been relocated to the combat zone whelming vote. Blue Devils 77–74, on March 29, 1999, in St. area and are receiving imminent dan- Petersburg, Florida, to win its 1st national Mr. President, I ask the clerk to re- port the bill by title. ger pay. championship in its 1st ‘‘Final Four’’ appear- Mr. President, I believe this is an im- The PRESIDING OFFICER. Without ance; portant additional provision that the Whereas the Huskies finished with a reg- objection, it is so ordered. President by law cannot extend ular season record of 34–2, the best in the The clerk will report. program’s proud 96 years of competition; The legislative assistant read as fol- through an Executive order. At a time Whereas the Huskies firmly established lows: when our men and women are putting themselves as the dominant team of the dec- their lives on the line in the name of A bill (S. 767) to amend the Internal Rev- ade in the storied Big East Conference, win- enue Code of 1986 to provide a 2-month exten- freedom, we should do what we can to ning their 6th regular season title and their sion for the date for filing a tax return for relieve some of the worries associated 4th tournament championship of the 1990s; any member of a uniformed service on a tour with income tax burdens and filings as- Whereas UConn’s Richard ‘‘Rip’’ Hamilton of duty outside of the United States for a pe- sociated with the timing of the conflict distinguished himself in the championship riod which includes the normal due date for game and throughout the season as one of occurring within 2 weeks of income tax such filing. the premier players in all of college basket- day, April 15. ball, winning his 2d Big East Player of the There being no objection, the Senate Mr. President, we have several other Year award, earning 1st team All-America proceeded to consider the bill. Senators who are here to speak on the honors, and closing out a spectacular offen- Mr. COVERDELL. Mr. President, I measure. Before they get here, let me sive performance in the NCAA tournament rise today to ask my colleagues to sup- briefly say that we are deeply appre- by being named the most valuable player of port legislation that will help our men ciative for the enormous bipartisan the Final Four. and women serving in Operation Allied support—and I named the coauthors on Whereas UConn’s senior co-captain Ricky Force. both sides of the aisle—to get this Moore distinguished himself as one of the Nation’s top defensive players, personifying I might point out that part of the done. My one regret is that we have the grit, determination, and fierce will to reason we are accepting this House been delayed a day by ‘‘internal proc- win that carried the Huskies throughout the version, due to this skirmish on the ess.’’ That is the most polite way to de- year; Senate floor yesterday afternoon, is be- scribe it. But we are going to get this Whereas UConn coach Jim Calhoun in- cause we only have some 12 hours left. done. stilled in his players an unceasing ethic of This is April 15. These families needed I hope anybody who is watching or dedication, sacrifice, and teamwork in the to get this message, frankly, yester- listening to this who is related in any pursuit of excellence, and instilled in the day. But today I am confident that this way to the families and spouses of rest of us a renewed appreciation of what it means to win with dignity, integrity, and relief, this comfort, that we are offer- those troops for whom we think of true sportsmanship; ing to the men and women who are on every minute of every day will tell Whereas the Huskies’ thrilling victory in the front line today in Kosovo will be them that their significant income tax the NCAA championship game enraptured of enormous comfort and assistance to relief burden is being lifted so that their loyal and loving fans from Storrs to their spouses and to their families. they ought not have to stand in that Stamford, taking ‘‘Huskymania’’ to new In short, the legislation does three long car line sometime tonight trying heights and filling the State with an over- things. to get this in. They have been granted whelming sense of pride, honor, and commu- I might point out that the Senate an extension, and a significant one. De- nity; substitute was identical in language to Whereas the UConn basketball team’s na- pending on the pay grades of those in- tional championship spotlighted one of the the House version that will be coming volved, there is rather substantial tax Nation’s premier State universities, that is here later this afternoon on which we relief, because, as I said a moment ago, committed to academic as well as athletic will vote. with the passage of this act, those ad- excellence: Now, therefore, be it The legislation does three things. ditional pays that are received by these Resolved, That the Senate commends and First, it exempts all U.S. troops serv- troops for hazardous duty or imminent congratulates the Huskies of the University ing in the Yugoslav theater of oper- danger will not have an income tax ap- of Connecticut for winning the 1999 NCAA ations from being taxed on their haz- plied against them. So it should be Men’s Basketball Championship. ardous duty pay. That is the additional very meaningful. SEC. 2. The Secretary of the Senate shall pay they receive over their regular pay Let me quickly say that this is no transmit a copy of this resolution to the for being a hazardous operation. That windfall. If anybody listening to me president of the University of Connecticut. will not be taxed when this passes. The has ever been around a serviceperson

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3759 who was called away for combat, just families here at home. I urge my col- ator COVERDELL and I introduced ear- stop and think about it. All kinds of leagues to support this modest but im- lier this year. This bill shows Congress’ new costs come into play. You have a portant measure. Again, I commend support for the President’s decision by breadwinner that is somewhere else. the Senator from Georgia for his lead- codifying this executive order into law. You are trying to communicate. You ership. In addition, the bill extends the area have many associated costs. I yield the floor. covered by the exemption to include So what we are doing here is not a Mr. COVERDELL. Mr. President, I not only aircrews flying missions into windfall. It is a move to help those thank my good friend and colleague the combat zone, but also members of families deal with the inordinate kinds from Maine for her statement and all the armed forces supporting those op- of problems that are associated with of her energy, which I appreciate and erations in the area of the Federal Re- taking care of the family when only enjoy so much, on so many subjects. I public of Yugoslavia (Serbia/Monte- half the parents are still there. In all thank her very much for speaking on negro), Albania, the Adriatic Sea, and practicality, this probably doesn’t do the importance of this measure. the northern Ionian Sea. I think we all enough. But I hope that for anybody We deal with so many varied issues know the dangers and hardships that listening this will be a reminder that that sometimes a very simple, clean- our troops in these areas are facing on the Congress is trying to do everything cut act like this gets overlooked in the a daily basis, and want to support them it can to be of assistance to those thrashing about that goes on in Wash- in any way we can. troops. ington. I am pleased that Congress, by enact- I see I have been joined by my distin- I am pleased that the Congress has ing this bill, will join the President in guished colleague from Maine. I yield been able to do this, and do this expedi- showing support for our men and up to 10 minutes to the Senator from tiously. I just asked my young assist- women in combat. I urge my colleagues Maine on this measure. ant to make sure that the minute this to join me in supporting the enactment The PRESIDING OFFICER. The Sen- passes, probably between 4 o’clock and of this legislation. ator from Maine is recognized. 4:30, the Pentagon makes sure all of Mr. COVERDELL. Mr. President, I Ms. COLLINS. I thank the Chair. our troops get this message quickly. have been joined by the distinguished Mr. President, first, I commend the They need to help us make sure the Senator from Kansas. I yield up to 10 leadership of my good friend from comfort represented by this legislation minutes to the Senator from Kansas. Georgia in taking the initiative in this is understood as quickly as possible. Mr. BROWNBACK. I thank my col- area. It is typical of his leadership on Mr. LEVIN. Mr. President, we are all league from Georgia for recognizing me so many issues. I am very pleased to keenly aware of the demands that we and for bringing this bill forward. join him today on the Senate floor. place on our troops, the circumstances It was 2 weeks ago yesterday that I I rise today as a cosponsor of the in which they must live and work, and was at McConnell airbase in Wichita, Uniformed Services Filing Fairness the unique sacrifices that they make to KS, meeting with troops that after- Act of 1999 introduced by my good serve our country. Filing tax returns is noon heading out to run refueling mis- friend, Senator COVERDELL, and as a a duty we all must bear to support our sions and other activities in support of supporter of H.R. 1376, which we will nation, but it is particularly difficult the Kosovo operation. They were in vote on shortly. These measures are in- for service members overseas, who face their working uniforms with a number tended to demonstrate concretely and this burden thousands of miles from of spouses and some children present. clearly our support for the men and home and without the resources and They were determined and ready to go. women serving our country in the re- assistance available to the rest of us. They said, ‘‘This is our job,’’ and they gion of Yugoslavia by providing them When those troops are placed in harms’ were saluting and saying they were off with tax relief on their hazardous duty way, the burden becomes immeas- to do it even though they had ques- pay, excise tax exemptions on their urably greater. tions: What is the objective? How will long-distance telephone calls, and an Earlier this year, Senator COVERDELL we get this done? How long will it last? extension to allow them to file their and I introduced S. 767, the Uniformed We did not have good answers for them, tax returns after the April 15 deadline. Services Filing Fairness Act of 1999. but I said we would press for those an- Today is tax day, a day when mil- This bill would have extended by two swers. lions of Americans rush to their local months the date by which members of In speaking with a couple of the Post Offices to mail their tax returns. the uniformed services on duty abroad spouses afterwards, they noted their However, today some brave Americans must file their Federal income tax re- husbands had been deployed more than find themselves thousands of miles turns. Current Treasury regulations 200 days last year and they were having away from their hometowns engaged in provide for an automatic two month difficulty with that length of time of a conflict rather than concerned with a extension for U.S. citizens and resi- deployment. Also, they said: We love tax filing deadline. Today and every dents on military duty outside of the being part of the military, we want to day, our troops put their lives on the United States. S. 767 would have codi- do our job, but we feel we are being line. The sacrifices they make in serv- fied this regulation into law, thereby hamstrung by some of the things re- ing our Nation both here at home and ensuring that members of the military quired of us. abroad prompt our gratitude. For those would not be subject to fines and pen- They don’t believe some of the pay is forces stationed overseas, the toll is es- alties when they avail themselves of quite enough, and I don’t think it is pecially great. Our troops now serving this relief. enough for them. in the operations in Kosovo face tre- This week, the President addressed What I see in this bill of Senator mendous burdens in trying to carry out the same problem by issuing an execu- COVERDELL is a statement to some of their missions while protecting them- tive order designating the Kosovo area the people at McConnell airbase, and selves and their comrades. Our service of operations as a ‘‘combat zone’’ for others throughout Kansas who are men and women abroad face the addi- the purpose of tax relief benefits. This serving in the military, that we want tional hardships and stress of being designation will provide the following to help and do what we can in tough separated from their loved ones, their benefits: situations because you are going into families, their homes, and their The deadline for filing and paying the toughest situation that a nation friends. These troops deserve the op- taxes will be extended; could possibly send you. You are going portunity to concentrate on their dan- Military pay for months served in the in to face a hostile enemy, putting gerous mission without having to combat zone will be exempt from in- your lives on the line, your blood on worry about government paperwork at come taxes; and the line. We are asking you to do it and home. Telephone calls out of the combat you are doing it. The least we can do— This legislation is an opportunity to zone will be exempt from the telephone God bless you, we want to help any way demonstrate our support for our troops excise tax. we can—is to do something to help. by our actions, not just with our words. Today, the Senate will pass and send This 2-month extension for the due My thoughts and my prayers are with to the President a House bill that is a date for filing a tax return for any those brave men and women and their companion measure to bill that Sen- member of a uniformed service on a

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3760 CONGRESSIONAL RECORD — SENATE April 15, 1999 tour of duty outside the United States considerable debate about this oper- Mr. COVERDELL. Yes. for a period including the normal due ation—one thing for which there is no The PRESIDING OFFICER. Is there date for such filing is a small state- debate is the loyalty, the dedication, objection? ment. It is a small act, but it is a good and the precision with which these Mrs. BOXER. Reserving the right to act. It is an important act and an im- troops have exercised what their Gov- object. portant statement for us to tell those ernment told them to do. That loyalty The PRESIDING OFFICER. The Sen- people in uniform and their families and that desire to do it, do it well, and ator from California. that we do care, we do hear you, and we do it right, cannot go unnoticed by Mrs. BOXER. Mr. President, I just want to try to respond in any way we anybody who is in their presence. I am wanted to make a brief statement in possibly can. glad the Senator referred to that par- support of this move to help our serv- We need to do a lot more. We need to ticular incident. ice men and women and to point out up the pay to people in the military. How much time remains on our side? that I tried to amend the Senate bill We need to be questioning all the The PRESIDING OFFICER. The Sen- with a very straightforward sense of places we are sending our military ator has 121⁄2 minutes. the Senate which just said we should around the world, how many times we Mr. COVERDELL. I will not need the ask the Pentagon to ensure, if there are deploying them. We need to up- 121⁄2 minutes. I do want to reiterate are parents of minor children called up grade the military’s hardware. I think that this legislation does three very and both are sent to combat, that they that is important. One thing we re- specific things to bring comfort to our do everything in their power to ensure cently did for the Nation’s defense was troops in the combat zone. It exempts that one of those parents is not actu- to pass on the national missile defense all U.S. troops serving in the Yugo- ally in combat. bill. We need to do that. slavian theater of operations from Unfortunately, as the Senator from I noted to those at McConnell airbase being taxed on their hazardous duty Georgia said, there was objection for and those attending the nine townhall pay. They will not be taxed on that. some reason to this approach. I just meetings I had across Kansas last week Hopefully, that will help them deal want to say again, I do not understand a chart showing the percentage of the with the extra costs related to per- that. We passed something very similar Federal budget going to military de- forming this duty. during the gulf war. We care about the fense spending. About 17 percent of our No. 2, it will grant a 180-day filing ex- tax burden of our men and women in budget is now going to military defense tension for their 1998 income tax re- uniform, and we should. How about spending. In 1962—not all that long turn, and the 180 days begins on the caring about their families, their chil- ago—it was nearly 50 percent going day they leave the combat zone. dren? Third, it exempts our troops from the into our military budget. Many of us have seen ‘‘Saving Pri- I noted that the amount we invest in 3 percent excise tax levied on long-dis- vate Ryan,’’ or know the story. I can- the military—which does the very tance telephone calls. not understand why we could not sim- We will notify the Pentagon, as I basic thing we are called on to do, ply amend the Senate version of this said, later this afternoon, and hope which is to provide for the common de- bill with this very simple sense of the they will assist us in making sure the fense—is going to need to go up if we Senate asking the Pentagon to do what troops in the operation theaters are are going to continue the far-flung op- they could to ensure a mother and fa- aware of this so it can help bring some erations that the United States is in- ther were not sent into combat leaving comfort. I know all of us in America volved in around the world. We cannot behind a small child. understand the confusion that sur- maintain this pace in this many places Having said that, I hope I can bring rounds tax day. I have been on the on this budget. that up in the future as a freestanding phone about five times. So, I hope miti- That is all they are asking. They are measure, and I certainly do support the gating that pressure will be of help and saying: I will put my life on the line, I House bill that is coming over to give make it a little easier for them as they will subject my family to this, I believe our people relief. They deserve it and perform the missions they have been in the United States, and I believe in they also deserve protection for their assigned by the United States of Amer- our cause, but, gosh, can’t you help us children, should a husband and wife be ica. out a little bit? Can’t you make sure called into combat. I yield the floor. Mr. President, I will not object to us that people aren’t on food stamps? The PRESIDING OFFICER. Who Can’t you address some of these issues? yielding back the time. yields time? The PRESIDING OFFICER. Without And we should. Mr. COVERDELL. Mr. President, I objection, it is so ordered. This is a bill to help some of those ask unanimous consent that all time people. Some Members may have con- Mr. BAUCUS addressed the Chair. be yielded back with respect to S. 767. The PRESIDING OFFICER. The Sen- flicting opinions on our involvement in The PRESIDING OFFICER. Is there Kosovo, but we can all agree that our ator from Montana. objection? Mr. BAUCUS. Mr. President, I am service men and women should not be Mr. BAUCUS. Mr. President, how penalized for their service to our coun- very pleased the House Ways and much time is allocated on this side? Means Committee began to act on this try. We owe them a debt of gratitude The PRESIDING OFFICER. There re- issue by passing this bill and the bill for risking their lives to represent our mains 30 minutes. country. Our soldiers defend the lib- Mr. BAUCUS. Is the Senator asking passing the full House will come over erties we hold dear, and we should not that all time is yielded? to the Senate, which we can also then be arbitrarily penalizing them in our Mr. COVERDELL. It was my under- pass. Clearly, our service men and Tax Code for their work to protect our standing all time was to be yielded on women, particularly those in harm’s country. the measure. I am sorry. I yield back way, deserve all the support we can With that, I say to my colleague all of our time. possibly give them. The provision we from Georgia I am very appreciative of Mr. President, it is my understanding are now discussing which releases them the bill the Senator has put forward, of the House bill will arrive at approxi- of income tax liability during the time the effort to recognize the needs of our mately 4:15. A rollcall vote will occur they are serving in a zone of danger, people in uniform. I support whole- on passage of this bill as soon as it ar- particularly in Kosovo, is the very heartedly this bill and say God bless to rives from the House. least we can do. our soldiers who are in uniform and in In the meantime, following the state- Similarly, the provisions in the bill harm’s way today. ment of the Senator, I ask unanimous coming over from the House which pro- I yield the floor. consent there be a period of morning vide for all men and women on active Mr. COVERDELL. Mr. President, I business with Members limited to 10 duty wherever they may be serving thank the Senator from Kansas for his minutes each, with the exception of overseas to get the 60-day extension, support and for his observations of his Senator ROTH for up to 30 minutes and and also have penalties potentially visit with the troops about to depart. Senator GRAMS for up to an hour. against them for late filing waived— That is always an emotional time. Mr. BAUCUS. Parliamentary inquiry. that, too, is very important. Mr. Presi- I think it is worthy to note that of When the Senator refers to ‘‘this bill,’’ dent, I think it is the very least we can every discussion—and there has been is he referring to the House-passed bill? do at this point.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3761 In addition to our service men and under ‘‘Statements on Introduced Bills nities, ethnic intolerance, and hos- women, there are also other Americans and Joint Resolutions.’’) tilities fanned by demagogic political in harm’s way in the war zone, per- The PRESIDING OFFICER. The Sen- leaders. forming above and beyond the call of ator from Georgia. The hearts of Americans and people duty. I am talking about employees of f around the world have been truly the State Department. I am talking touched by the incredible tragic plight KOSOVO POLICY about other groups of people over of the Kosovar Albanians who have there, serving, doing their utmost, who Mr. CLELAND. Mr. President, it is been the primary victims of the incred- are in equally dangerous situations. At my privilege to speak on the question ible, reprehensible, so-called ethnic some future point I believe they also of Kosovo and our military and polit- cleansing policies of Milosevic. deserve due recognition in the same ical goals there. In working with my This is also a difficult situation. way as our military. We support our staff to put together some background There are no easy answers, and any Americans. We deeply support our fel- and understand the history of that re- choice the President makes and, in- low Americans serving in the Balkans. gion, I came across an interesting fact, deed, any choice the Congress makes is I am very pleased the House has acted, because I value history. What is it Win- fraught with danger. Part of this, I and the Senate will be acting very ston Churchill once said? How do you think, is the world in which we live, soon. know where you are going unless you not a new world order but a new world I might say, I am also pleased the know where you have been? disorder. House approached this matter in the I find it fascinating, after 146 B.C., The post-cold-war order is one of dis- proper way. That is, they brought it up the Roman Republic was the world’s order. The two administrations which in the House tax-writing committee, only superpower—that sounds famil- have confronted the post-Soviet Union the Ways and Means Committee, where iar—following the destruction of its world, the Bush and Clinton adminis- the bill was discussed. It was marked long-time superpower rival, Carthage. trations, have grappled mightily with up in the committee and then went to This Roman triumph created a tremen- the complexities of this new age in for- the House floor. That is the preferable dous expansion of Roman territory, eign places, much like the Roman Em- way of doing business. wealth, and influence and, not coinci- pire, foreign places like Iraq, Croatia, In this case, there was an attempt for dentally, an expansion of Roman in- Bosnia-Herzegovina, Somalia, Haiti, a bill to be filed at the desk and then volvement in local conflicts far re- and now Kosovo. Almost every step in brought up directly on the floor on this moved from Italy. these areas has been subjected to ques- issue, not going through the Senate One such intervention involved the tioning and controversy before, during, tax-writing committee, the Senate Fi- Northern African kingdom of Numidia, and even after the operation in ques- nance Committee. I hope we go back to where Rome became entangled in a tion. the usual course of business as a gen- seccession struggle in 112 B.C., with the The decision to authorize the use of eral rule where tax bills go through the Roman Senate declaring actually war airstrikes against Serbia was one of Finance Committee before they are against Jugurtha, the leading con- the most difficult decisions I have ever brought to the floor. I say that because tender for the Numidian throne. What had to make. I have felt in the weeks the legislation will be much better. It followed is fascinating. It is described since much like President Kennedy de- will be thought through. There is a in a book called the ‘‘Anatomy of scribed himself. He said he was an opti- chance to correct mistakes. There is a Error: Ancient Military Disasters and mist with no illusions. I am an opti- chance to add on measures that should Their Lessons for Modern Strategists.’’ mist. I am an idealist. I want to take be added on or subtract out measures I think there are some lessons here the high ground. I thought that NATO that should be subtracted out. for us, particularly as we view Kosovo and America needed to act, and act Having said that, obviously time is of today. then, and airstrikes was our best op- the essence in this case, and the House Viewed from a modern perspective, tion. Maximum impact on Milosevic, Ways and Means Committee has acted; North Africa in the age of Jugurtha minimum impact on us. But it was a that is, the authorizing committee in was in many ways Rome’s Vietnam. tough decision to make, and I am the other body did act so we did have The Jugurthine War is the story of the under no illusion that this is going to at least that assurance this has been failure of the Romans to find a strat- automatically get us to where we want looked at with some considerable ex- egy that would determine the appro- to go in terms of our policies in the amination. priate level of force needed to maintain Balkans. I will be very pleased when the House sound and stable foreign policy. May I say that we have a major hu- bill comes over. We will be able to vote The Romans should have learned to oper- manitarian interest in providing effec- on it. That will probably be within the ate according to the rules that Clausewitz tive relief for the refugees and pre- hour. As I said, I hope after we do that later laid out in his book ‘‘On War’’: that war venting further atrocities against civil- we can give also the same kind of is always to be regarded as the pursuit of ians by the Milosevic regime. We cer- thought to other Americans who are policy by other means and that strategy is tainly have a strong interest in stop- the art of using exactly the appropriate also serving in the zone who are also ping the spread of this conflict to the amount of force to accomplish the ends of surrounding countries in this histori- sacrificing to a great degree in serving the policy. The Romans never had a clear our country. policy in Numidia. cally unstable region. I yield the remainder of our time. I find it interesting that the century This is something we have to avoid in opened in 1914 with a Serb nationalist (Pursuant to the order of April 14, Kosovo. We need a clear policy. 1999, the bill (S. 767) was returned to assassinating Archduke Ferdinand and the Calendar.) Thus the Romans never had a rational that led to the guns of August in 1914. strategy for winning the war. f We have to make sure that the current Another mistake we have to avoid. Milosevic-misled nationalism does not MORNING BUSINESS As a result, they poured a massive amount lead to the guns of 1999. The PRESIDING OFFICER (Mr. FITZ- of military force into the region and accom- Unfortunately, I think that no real GERALD). The Senator from Delaware. plished worse than nothing. military, or so far diplomatic, ap- Mr. ROTH. I thank the Chair. Mr. President, we can’t accomplish proach we have come up with can real- (The remarks of Mr. ROTH, Mr. BIDEN worse than nothing in Kosovo. We have ly fully guarantee our goals in the Bal- and Mr. KENNEDY, pertaining to the in- to accomplish something of which we kans. Despite my concern about our troduction of S.J. Res. 19 are located in can be proud. The horrifying scenes un- long-term policy in Kosovo and the today’s RECORD under ‘‘Statements on folding in and around Kosovo today are Balkans, the Senate was asked to vote Introduced Bills and Joint Resolu- indeed a sad recap of many of the worst at a point when NATO had already tions.’’) images of our 20th century: Massive united in favor of airstrikes. American (The remarks of Mr. ROTH and Mr. refugee flight to uncertain futures, ci- troops were poised to embark on their GRAMS pertaining to the introduction vilian casualties, large numbers of de- mission and the credibility of Amer- of S. 815 are located in today’s RECORD stroyed homes and shops and commu- ican commitments was on the line.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3762 CONGRESSIONAL RECORD — SENATE April 15, 1999 Under these circumstances, I felt I have chosen to visit some of the in order to make their sacrifices in the that we must not send a signal of dis- places in Georgia that have sent young military operations they are involved unity to Milosevic, to our NATO allies, men and women into harm’s way, in- in worthwhile in the long run. Other- to the President, to our own people. cluding the 93rd Air Control Wing of wise, we may actually ‘‘win the war,’’ While these circumstances dictated JSTARS Aircraft out of Robins Air but ‘‘lose a peace’’ by failure to pursue my vote for airstrikes, by no means— Force Base; the 19th Air Refueling the nonmilitary policies necessary to and I have made this clear—by no Group of KC135R Aircraft—which par- attain our key objectives. means does this indicate my giving a ticipated, by the way, in the rescue of I think it is important for me to green light for an open-ended, ill-de- our downed stealth fighter pilot—also quote one of my heroes, Walter Whit- fined, deeper commitment of American out of Robins; and the 94th Airlift Wing man, who said about the Vietnam expe- military force in Kosovo, especially the of the C–130 transports out of Dobbins rience that the battles we fight we may introduction of American ground Air Reserve Base, not to mention the win, but the battles we fight can’t win troops. numerous other Georgia citizens serv- the war. One of the things I fear most Mr. President, I was on the ground in ing in our deployed forces in the Bal- about Kosovo and further military ac- Vietnam 31 years ago. I don’t want this kans. tion in the Balkans is that we win generation to repeat that experience. My primary purpose today is to look those battles, but those battles can’t We do not need an open-ended, ill-de- beyond the military phase at our Bal- help us bring about the ultimate goals fined commitment of American ground kans policy and ahead to the elements we seek. I am afraid there is a massive forces in the Balkans. I hope and pray which I believe we must consider if we disconnect there between the two, and that we can avoid that. are to have a truly successful exit I am afraid that is going to pull us into I hope and expect that any such fu- strategy. I said today in our hearings a deeper and more prolonged war. ture expansion of military might there that there is one thing a Vietnam vet- In that spirit, I want to offer some would be thoroughly discussed and de- eran does not like to hear and that is preliminary ideas, some key elements bated in our country and within NATO ‘‘no win.’’ There is another thing and that I believe must be part of an exit before it is undertaken, not after the that is ‘‘no exit.’’ Put those together strategy. decision has been already made. I op- and that becomes a tragedy: ‘‘no win, First of all, we must develop a com- pose American ground troops in no exit.’’ We can’t have that situation prehensive, long-term plan for refugee Kosovo. I think this would represent in the Balkans. We need a successful relief and resettlement. I am not sure further intervention in that civil war exit strategy which produces a long- if I were a Kosovar Albanian that I within internationally recognized bor- term, stable, and humane outcome, one would ever want to go back to that ders, Yugoslavia. I think it would be in which also will allow our service men part of the world. I would certainly pursuit of objectives which are not and women to come home safely from probably not want to go back as long vital to the United States or NATO and the Balkans without having to return as Milosevic was in power. It is one would do little, frankly, to secure the again. I believe we ought to have a full thing to announce the appropriate goal long-term interests that we do have in debate on our exit strategies now, and of the return of all the Kosovar refu- the Balkans—stability and economic not just on exit strategies, but on what gees to their homes, but how many will prosperity. constitutes victory. I think we still really want to go back? Is it really pos- The distinguished Senator from Kan- have to nail that down. But certainly sible to put Humpty-Dumpty back to- sas, Mr. ROBERTS, has often cited the we ought to talk about not just how we gether again? Is it possible to put to- following quotation from one of my get in and what we do there, but how gether Kosovo as it was before the war? personal heroes, Senator Richard Rus- do we get out. It may not be possible. It is another sell. It is an honor I cherish that I hold Even while military operations are thing to realize reality and put to- his seat in the Senate and his seat on still underway, we must not repeat the gether a set of policies necessary to the Senate Armed Services Committee. mistakes the Romans made in the deal with the real life situation in Senator Russell 30 years ago in this Jugurthine war, or the mistakes we which many—perhaps most—of the Chamber, while I was in Vietnam, said made in the Vietnam war—pursuing Kosovar Albanians exist today: this: both ‘‘no win″ and ‘‘no exit’’ at the 1. They don’t have homes. While it is a sound policy to have limited same time. 2. In many ways, they are dispos- objectives, we should not expose our men to In spite of substantial disagreements sessed and don’t have a country. unnecessary hazards of life and limb in pur- about the appropriate ways to go about 3. They don’t have jobs. suing them. As for me, my fellow Americans, our goals in the Balkans, I think there 4. They don’t have functioning com- I shall never knowingly support a policy of is some consensus in this country and munities to return to. sending even a single American boy overseas While the European members of to risk his life in combat unless the entire in NATO regarding our ultimate goals: civilian population and wealth of our coun- 1. An end to atrocities in Kosovo. NATO and other nearby nations have a try—all that we have and all that we are—is 2. Effective relief for refugees. great stake in the refugee population to bear a commensurate responsibility in 3. A negotiated political settlement, resettlement, it is the greatest obliga- giving him the fullest support and protection in terms of the status of Kosovo. tion we have here in the United States, of which we are capable. 4. Stability throughout the Balkans, too. We have a significant responsi- Mr. President, it has been my honor including Kosovo, Bosnia, Macedonia, bility. I believe the administration and to visit some of the troops and facili- Albania and Montenegro. Congress must develop a substantial ties in Georgia that are supporting our Another important goal, it seems to aid package now to demonstrate clear- efforts in Kosovo and the Balkans and me, is an end to the U.S. and other ly that we are fully committed to suc- in western Europe, some of the troops NATO country force deployments in cessfully working on the refugee crisis. in Fort Stewart, troops at Robins Air the Balkans, in other than a legitimate It may be years before that crisis is re- Force Base. I know what it means to be peacekeeping rather than warmaking solved. The sooner we get to work on a troop out there committed on behalf role. it, the better. of this country and to have this coun- Any effective exit strategy must in- Secondly, in terms of a successful try divided. It is not fun. It is not what dicate how we can achieve these ends, exit strategy out of the Balkans, we we want to repeat. And with air oper- including the costs for doing so and must be prepared to address, as part of ations now ongoing, with Americans also the costs for not doing so. Our in- any lasting solution to the problems in soldiers, sailors, airmen, and marines volvement in Bosnia has cost us $10 bil- Kosovo and the Balkans, the economic in harm’s way, our thoughts must turn lion already. I understand that the devastation which exists in much of to them as they tackle a very com- price tag, through October, for our in- the entire Balkan region, much of plicated and very risky mission. Our volvement now in Kosovo will cost which has been brought about by prayers are with them, and we pray for some $8 billion. We owe it to both the Milosevic himself in making war on their safe return in every way. people in the region, as well as to our the Slovenians, the Croats, the Mus- As with every American military de- own service men and women, to deter- lims, and now on the Kosovars. Much ployment, there are risks. That is why mine what price we are prepared to pay of this devastation has been at his

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3763 hands and under the barrel of his guns. I am confident that he will ulti- 10, 1963, in a marvelous address. And he This devastation is not something that mately be held accountable for his ac- said, ‘‘We don’t want a Pax Ameri- can be overcome overnight. It is my tions—not just by an international tri- cana.’’ That is not what we want to view that there is little prospect for bunal but by the civilized world. How- look for as we enter the 21st century. lasting reconciliation between the peo- ever, we must be very careful that, in We don’t want a Pax Americana. We ples and nations of the Balkans until painting Milosevic as the enemy, we don’t want America to keep the peace there is some degree of economic re- not demonize the Serbian people. After all over the world. It is not our role. It covery. People aren’t going to return all, Serbia is the only part of the is not our job. And we have to realize to homes that exist in communities former Yugoslavia which fought as our that it is not necessarily an American that don’t function. They are not going allies in both of the world wars of this solution to every problem in the world. to return to places where there are no century. We must make a concerted ef- But the challenge for the post-cold jobs, no schools, no education, and no fort to reach out to the Serbians to war world for us is to learn from the hope. So much of the Balkans now is in make it clear that our quarrel is not Jugurthine War that, consistent with that condition. with them; it is with Milosevic and his our national interests and our values, Given the depth of the problem, we actions. we ‘‘find a strategy that would deter- are looking at a project which is al- Sixth, as a vital part, a key part of mine the appropriate level of force most certainly to be far more lengthy an exit strategy, we must thank those needed to maintain sound and stable than the financially costly refugee who fought the war. We must redeem foreign policy.’’ problem. Again, Europe must take the our pledges to the men and women in The post-cold-war world of disorder lead, but the United States has to play our Armed Forces who are, once again, makes the development of a bipartisan a part as the international community being asked to put their lives on the national security consensus especially leader, which it is. We have a stake in line to implement American foreign relevant. We have often said, and really policy. Our service men and women, the stability of the Balkans, and this is meant, I think, that politics must stop and their families, are, once again, the one of the areas that we need to ad- at the water’s edge. But we need more ones paying the price for the policies dress. We need to begin now consid- now. I believe we need to redouble our we make here in Washington. They are ering under which conditions we will efforts to open real dialog here within on the point of the sphere. If we policy- the Congress and with the administra- offer economic reconstruction aid to makers are going to continue to put tion and with the American people to the Balkans. them in harm’s way, surely we can ap- Third, in terms of a successful exit discuss the fundamental role of Amer- propriately provide for the men and strategy, we have to begin laying the women and their families who depend ica’s power in the world as we begin groundwork for an international con- on them. the 21st century. Kosovo challenges us ference to determine a mechanism for This body passed overwhelmingly S. to define that policy now. For the dia- a final settlement not just of the 4, a marvelous measure to increase pay log to be meaningful, we must be sure Kosovo problem and allowing the will and improve pension benefits under the that policymakers, including Members of the people in the Balkans to deter- G.I. bill. I was proud to be part of that of Congress, have timely and sufficient mine their fate, but we have to do that effort, and we need to make sure that information to actually allow us to for Bosnia as well. I think the only way the effort passes the House and is make informed decisions before we get out of our dilemma in the Balkans is signed into law. so deeply committed in a military ex- negotiating a settlement acceptable to It is interesting, as we find ourselves cursion that challenges American as many parties as possible. It is the exiting the 20th century and going into credibility. only outcome I can see that would help the 21st with another situation in the I had a hand last year in working us achieve some lasting peace in the re- Balkans. Hopefully, we can a avoid the with the wonderful Senator OLYMPIA gion. guns of 1999 and move towards a more SNOWE and PAT ROBERTS in some ef- Fourth, in terms of a successful exit peaceful resolution of our problems. forts to enact in the last Congress and strategy, all of these efforts that, as I Hopefully, we have learned some things to seek to require the administration, mentioned, revolve around Kosovo through the years. But, interestingly the President whenever the President have to be applied to Bosnia as well. enough, we have a new role going into committed some 500 troops abroad, or American forces have been enforcing the 21st century and will face very few asked for money for a contingency an uneasy peace in Bosnia since 1996. self-imposed restraints on our actions. force to be sent somewhere in the Many of those refugees displaced in the Therefore, perhaps more than at any world, this requirement that Senator Bosnia war have not returned to their time in our Nation’s history, it is im- SNOWE and I put together and Senator homes. The costs continue to mount to perative that both Congress and the ex- ROBERTS put together in the appropria- this country and NATO, and no clear ecutive branch focus clearly on defin- tions bill and in the authorization bill, end is in sight. ing our national interest and devel- requires the administration, when they I find it fascinating that the great oping policies to effectively and appro- do those kinds of things, when they powers of Europe, after World War I, in priately protect and promote those in- make those kinds of commitments, to 1918, help set up the Balkans, help terests. Even with our current unparal- come before the Congress up front and structure it as it is today. As a matter leled power and influence, I think it early and explain why we are commit- of fact, in terms of Kosovo, the Rus- would be wise to heed the words of ting our forces abroad, what the mili- sians helped prevail upon the great President Kennedy in 1961. He said tary application is, and what the exit powers of Europe to take Kosovo away about us in this country: strategy is. from Albania and give it to Serbia. It is And we must face the fact that the United Unfortunately, I am afraid these now part of Serbia. I think we need an States is neither omnipotent or omniscient, amendments went by the wayside and international conference to resolve that we are only 6 percent of the world’s pop- we don’t have the kind of information some of these dilemmas that have re- ulation, that we cannot impose our will upon up front and early that we need. I will the other 94 percent of mankind, that we sulted from a century-old set of solu- be working with Senator SNOWE and cannot right every wrong or reverse every tions that may not any longer apply. adversity, and that therefore there cannot be Senator ROBERTS to strengthen our Fifth, for any successful exit strat- an American solution to every world prob- legislation so that the Congress can get egy, and for any settlement or resettle- lem. in, in terms of military commitment, ment to stick, Serbia must be rec- Mr. President, I was laying on a on the take off as well as a potential onciled to its neighbors and to the beach in Miami getting ready to go to crash landing. NATO countries. Clearly, the chief basic training at Fort Benning in the Let me just say that we need to ad- source of the most immediate problems summer of 1963 and heard a marvelous here to the basic dictum of Clausewitz in the Balkans, the massive human speech on my little transistor radio. I that we must know in terms of mili- rights violation in Kosovo, is the Ser- can remember the technology in those tary commitment, the last step we are bian regime led by Milosevic. He stands days. That was high tech in those days. going to take before we take the first condemned before history and human- I remember that President Kennedy step. If I had any one red-letter piece of ity. spoke at American University on June advice to give our policymakers here in

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3764 CONGRESSIONAL RECORD — SENATE April 15, 1999 Washington, that will be it. Let’s make highlight some problems with the sys- mortgage interest deduction in 1995, sure we fully understand the last step tem later today. But I do think it is the most recent year for which statis- we are going to take before we take the important, however, to note that some tics were available. In that group, 71% first step. It is so easy to get into war; aspects of our system have worked had incomes below $75,000, and 42% had it is so difficult to get out. very well. incomes below $50,000. Clearly, the There is, obviously, much more to be Since the Internal Revenue Code was mortgage interest deduction is a sig- done in formulating an effective ap- enacted in 1913, the tax system has pro- nificant benefit for middle class tax- proach to defining the proper guide- vided a deduction for mortgage inter- payers. lines, objectives, and policies for Amer- est. The mortgage interest deduction is Homeownership is a cornerstone of ican foreign policy in today’s world. We one of the simplest, most widely avail- American life. The tax code has always must successfully resolve the debate able, and most widely understood of all supported that goal and facilitated the about NATO’s mission statement: Is it the provisions in the Code. great achievements we have made. The going to participate in more offensive What is important about the deduc- stability and simplicity of the tax poli- operations, or is it going to continue to tion is the support it provides for a cies supporting homeownership have be a defensive alliance primarily? Are goal that is of paramount importance played a crucial role in the progress we we going to admit more members? Is to all Americans—Homeownership. have made in keeping the American this a good idea, or a bad idea? Just five years ago, the rate of home- Dream alive. The members of NATO are coming to ownership was declining in our coun- I suggest the absence of a quorum. Washington in a few days. I think we try. Beginning in late 1997, however, The PRESIDING OFFICER. The ought to engage in that discussion with the rate of homeownership began to clerk will call the roll. NATO, because we have to figure in the climb, so that now, a record number of The assistant legislative clerk pro- relationship with our friends and our American families own their own ceeded to call. allies, because those relationships af- homes. For the first time in our his- Mr. McCAIN. Mr. President, I ask fect our relationship with other coun- tory, two-thirds of all households own unanimous consent that the order for tries. their own homes. Where has the growth the quorum call be rescinded. Our relationship with Russia, for in- in homeownership been most evident? The PRESIDING OFFICER. Without stance—Russia, for all of its troubles, Every age group has expanded its own- objection, it is so ordered. is still the only nation possessing the ership, and, even more importantly for f means to really threaten our physical the future of our country, the two cat- EXTENSION OF CERTAIN TAX security. And China? What about egories of homeowners that have seen BENEFITS China? China, I think, might pose per- the greatest rates of growth are first- haps the greatest policy challenge to time homeowners and minorities. It is The PRESIDING OFFICER. Under us as we enter the 21st century. also notable that within 6 years of nat- the previous order, the clerk will re- Clearly, there is much work to do. uralization, foreign-born individuals port. But it all starts with the correct ar- achieve the same rate of homeowner- The legislative assistant read as fol- ticulation of national interests—what ship as the nation at large. This is a lows: is vital to our national interest and great achievement that shows that the A bill (H.R. 1376) to extend the tax benefits what is not, and particularly in terms American Dream is alive and well. available with respect to services performed of the commitment of American young When asked why they want to own in a combat zone to services performed in men and women abroad. their own homes, Americans in all the Federal Republic of Yugoslavia (Serbia/ parts of the country note that ‘‘Owning Montenegro) and certain other areas, and for For all the challenges and difficulties other purposes. facing us today, I would like for us to my own home is the American dream. The Senate proceeded to consider the consider the other words spoken by That is what it all boils down to, that bill. President Kennedy in that 1963 address, I own my own home.’’ They do not buy Mrs. BOXER. Mr. President, I rise in on June 10, at American University. He a home to get tax breaks. They buy a support of the military tax-filing fair- spoke during the height of the cold home to attain a sense of community. ness bill that passed the Senate earlier war. President Kennedy put it this Neighborhoods that have a high rate of today. This is an important signal of way: homeownership have high rates of vot- World peace, like community peace, does ing, participation in schools, and lower support to send to our troops in the not require that each man love his neighbor; crime rates. Balkans as they fight against the it requires only that they live together in It seems that we all complain a great forces of ethnic cleansing, mass mur- mutual tolerance, submitting their disputes deal about the complexity of the tax der, and genocide. All Americans to a just and peaceful settlement. And his- system. I think that a great deal of should be proud of the dedication and tory teaches us that enmities between na- this tax code ridicule is justified. The professionalism shown by our military tions, as between individuals, do not last for- U.S. Tax Code now consumes more personnel in the ongoing NATO oper- ever. However fixed our likes and dislikes ation. may seem, the tide of time and events will pages than eight Bibles. It is generally often bring surprising changes in the rela- too complicated and unfair for most While I am very pleased that we were tions between nations and neighbors. So let taxpayers. I too believe that the tax able to pass this legislation, I am dis- us persevere. Peace need not be impracti- code must be streamlined but only appointed that I was unable to offer an cable and war need not be inevitable. By de- while preserving important taxpayer amendment that would call on Sec- fining our goal more clearly, by making it deductions such as the home mortgage retary Cohen to do everything in his seem more manageable and less remote, we deduction. It is important to note that, power to ensure that both parents in can help all peoples to see it, to draw hope as far as the tax code goes, one of the dual military couples are not deployed from it, and to move irresistibly toward it. easiest steps in the computation proc- into a combat area. I yield the floor. ess is the mortgage interest deduction. As the number of United States per- Mrs. LINCOLN addressed the Chair. Unlike many more recently created tax sonnel slated for the Balkans in- The PRESIDING OFFICER (Mr. ROB- breaks, the mortgage interest deduc- creases—and as there is an increased ERTS). The distinguished Senator from tion presents no difficult formulas, cal- possibility of a Reserve call-up—I am Arkansas is recognized. culations, or income limits for tax- concerned that situations may arise Mrs. LINCOLN. I thank the Chair. payers who utilize the deduction. The where children will have to watch both f lender simply provides the interest and of their parents deployed in combat. It property tax amounts to the home- is difficult enough for children to MORTGAGE DEDUCTIONS owner on a Form 1098. The taxpayer watch one parent go off to war. It is Mrs. LINCOLN. Mr. President, on then simply transfers these two num- unacceptable that they should have to tax-filing day, it is customary for Sen- bers from the form on to their tax re- see both of their parents put in harm’s ators to note the many difficulties that turn. way. taxpayers have complying with a com- Among the taxpayers who itemize I hope that we will have the oppor- plex and unwieldy tax system. I plan to their deductions, 28 million used the tunity to discuss this matter further

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3765 and to come up with a solution that Congress should pass this important wade through endless paperwork but protects our children while maintain- legislation unanimously, so that it can we also come face to face with the re- ing our military effectiveness. be quickly sent to the President for en- ality of just how big a bite Uncle Sam Mr. McCAIN. Mr. President, I ask for rollment into public law. takes from us every year. the yeas and nays on the pending legis- Any time the men and women of our Mr. President, have we ever really lation. great country choose to wear our na- stopped to wonder why it needs to be The PRESIDING OFFICER. Is there a tion’s uniform, they are making a this way? Do we stop to consider better sufficient second? statement. They are saying that prin- alternatives to the current tax system? There appears to be a sufficient sec- ciples like duty, honor and freedom are It sure doesn’t make a lot of sense to ond. more important than personal gain and me, because our current Tax Code is The yeas and nays were ordered. personal comfort. Any reasonable ac- outdated. It makes our tax system The PRESIDING OFFICER. The tion the Congress can undertake to among the least efficient. It makes our question is on the third reading of the ease the Federal burden weighing on tax system among the most oppressive bill. our soldiers, sailors, airmen and ma- in the world. Everyone knows this. The bill was read a third time. rines is one that should be considered And, yet, it seems to get worse every The PRESIDING OFFICER. The and acted upon quickly. year, and we don’t do anything about question is, Shall the bill pass? On this Recognizing the area around Kosovo, it. question, the yeas and nays have been where our military is deployed under When we have tried to give a little ordered. The clerk will call the roll. orders from the President, as a haz- tax relief, or reform some of the Tax The legislative clerk called the roll. ardous duty area for Internal Revenue Code, what we have done is made it Mr. NICKLES. I announce that the code purposes will grant service mem- more complicated and added hundreds Senator from Arkansas (Mr. HUTCH- bers a small degree of relief. Allowing of pages. So we have made the tax sys- INSON) and the Senator from Colorado service members an additional 180 days tem even worse in an effort to try to (Mr. CAMPBELL) are necessarily absent. to file their federal income tax return, reform it and make it better. Congress, of course, is the first in Mr. REID. I announce that the Sen- and exempting a portion of their in- line to blame because of this. Thanks ator from California (Mrs. BOXER) and come from taxation may be only a to a Government that does not know the Senator from Vermont (Mr. LEAHY) small gesture of support, but it is one when to stop spending, tax collections are necessarily absent. that has already been earned. have grown faster than our economy I also announce that the Senator I will continue to keep the men and has grown in the past 5 years. And tax from New York (Mr. MOYNIHAN) is ab- women participating in Operation Al- collections have grown twice as fast as sent due to surgery. lied Force in my thoughts and prayers, the income of working Americans. So I further announce that, if present and I look forward to their safe and the Government is growing faster than and voting, the Senator from Vermont speedy return.∑ Americans’ working income. Hikes in (Mr. LEAHY) and the Senator from New Mr. GRAMS addressed the Chair. the personal income tax—and particu- York (Mr. MOYNIHAN) would each vote The PRESIDING OFFICER (Mr. larly the increase in the effective tax ‘‘aye.’’ SMITH of Oregon). The Senator from rates—have propelled this increase in The PRESIDING OFFICER (Mr. Minnesota is recognized. SANTORUM). Are there any other Sen- revenue. Mr. GRAMS. Mr. President, may I As Americans are working harder to ators in the Chamber desiring to vote? ask the order of business on the floor? The result was announced—yeas 95, try to earn a little bit more money, our The PRESIDING OFFICER. The Sen- tax system is taking more away from nays 0, as follows: ator has 60 minutes. them in doing so because our tax sys- [Rollcall Vote No. 87 Leg.] Mr. GRAMS. Thank you, very much. tem pushes more of them into the high- YEAS—95 f er tax brackets. Abraham Feingold Mack TAX DAY, APRIL 15 Since 1993, just 6 years ago, Federal Akaka Feinstein McCain taxes have increased for average work- Allard Fitzgerald McConnell Mr. GRAMS. Mr. President, I just ers 54 percent, which for the average Ashcroft Frist Mikulski want to take a little time to talk Baucus Gorton taxpayer translates into about a $2,000 Murkowski today, because today is, of course, the Bayh Graham Murray per year tax increase. So, if you look Bennett Gramm Nickles infamous April 15 tax day. I know a lot back at what you were paying on aver- Biden Grams Reed of Americans are out there still work- age in 1993 compared to what you are Bingaman Grassley Reid ing at the kitchen table at this time, Bond Gregg Robb paying in taxes to the Federal Govern- Breaux Hagel working the pencils, trying to wade Roberts ment today, the Federal Government is Brownback Harkin Rockefeller through thousands of pages, or at least Bryan Hatch taking $2,000 a year more in taxes. As a Roth dozens of pages, or all of the forms that Bunning Helms result, Americans today have the larg- Santorum Burns Hollings they have trying to figure out their in- Sarbanes est tax burden, even more than in Byrd Hutchison come tax by tonight. There are going Schumer World War II, and it is still growing. Chafee Inhofe to be long lines as people use every last Cleland Inouye Sessions Federal taxes now consume nearly 21 Cochran Jeffords Shelby minute to try to get this tax that they percent of the national income. Twen- Collins Johnson Smith (NH) owe to the Federal Government in ty-one percent of everything produced Conrad Kennedy Smith (OR) order. So that is the day that I think Snowe in this country goes to Federal taxes. Coverdell Kerrey most Americans dread. That is April Craig Kerry Specter That is compared to just over 18 per- Crapo Kohl Stevens 15. cent in 1992. So, again, over the last 6 Daschle Kyl Thomas For many American taxpayers, it is years, Government has taken 3 percent DeWine Landrieu Thompson this usual routine. By this time there more of national income than in 1992. Dodd Lautenberg Thurmond are only a few hours left to complete Domenici Levin Torricelli A typical American family today, Dorgan Lieberman Voinovich their tax form before midnight. They when we say they are at the highest Durbin Lincoln Warner are going to be rushing to the Post Of- tax rate in history—even more than Edwards Lott Wellstone fice. They are going to find themselves paying off and fighting in World War Enzi Lugar Wyden on the late night news as their local II—the typical American family today NOT VOTING—5 TV stations are showing footage of all is paying 40 percent of its total income Boxer Hutchinson Moynihan these last-minute filers dropping the in taxes, more than the family spends Campbell Leahy envelope into the mail slot to at least on food, clothing, transportation, and The bill (H.R. 1376) was passed. meet the filing deadline and finally be housing combined. So they are spend- ∑ Mr. HUTCHINSON. Mr. President, if done with this. ing more to support Uncle Sam than today I were not in my home state of But even for those who file early, they are supporting their families with Arkansas, I would surely be on the those who aren’t going through all of the necessities. And compare that to floor of the Senate casting an affirma- this turmoil tonight, tax season, of the average tax rate of only 2.75 per- tive vote for H.R. 1376. I believe this course, is full of stress. Not only do we cent in 1916 when Congress first got the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3766 CONGRESSIONAL RECORD — SENATE April 15, 1999 authority to level income taxes from relief would be the largest tax relief you don’t spend it right? In other 2.75 percent in 1916 to over 40 percent since the Reagan tax cuts of the 1980s. words, you are smart enough to earn for the average family today taken by The Reagan tax cuts in the 1980s were the money, but you are too dumb to Government. about $1.4 trillion over 5 years in to- know how to spend it. The Government Another comparison worth noting is day’s dollars. This is about half and it knows how to spend it better than you that Tax Freedom Day, the day that is over twice as long. This is about 25 do. The Government will spend it on Americans can stop working for the percent of what the Reagan tax cuts better things than what you could Government and begin working for the were in the 1980s, but it is something spend it on for your family—maybe families: If you start working on Janu- that we need to make an investment in braces for your children, dance lessons, ary 1, how long into the year do you in our society. It is like investing in re- to begin a college education fund, have to work to make enough money search and development. We need to in- maybe repairing the furnace. Some- to pay the taxes that you will be re- vest money into the economy in order how, that priority does not fit into sponsible for for that year? For fami- for the economy to continue to grow Washington’s scheme, because Wash- lies, it was May 13 last year. Americans and to produce the better jobs and the ington thinks maybe you won’t spend that started working January 1, better wages that we need. We have it right; Washington can spend it bet- worked until May 13 to pay their taxes, had this unprecedented expansion in ter. the latest date ever in history. In 1915, our economy over the last 18 years and I believe that Americans know what in comparison, Tax Freedom Day was most of the credit goes to the seeds is best for their families and their April 3. It will probably set another that were planted with the Reagan tax lives. If it is their money, they should record this year. cuts in the early 1980s that spurred this be given the right to spend it the way Despite a huge budget surplus over economic growth. they see fit to support their families. the next 10 years, the President, in the I think that our commitment to set A new study by the Congressional Re- White House budget, has failed to offer aside another $800 billion over 10 years search Service reports if we don’t pro- even a single significant tax cut for to go back into the form of tax relief, vide tax relief, the average household working Americans. Instead, this ad- investment in consumers, investment will pay $5,307 more in taxes than is ministration’s most recent budget pro- in the economy proves that this Con- needed to fund the Government. Think poses to increase taxes by at least $50 gress is committed to providing mean- of what the average household can do if billion over the next 5 years. Even dur- ingful tax relief in 1999 and, again, pro- they could keep $5,300 more of their ing a time of prosperity and surpluses, viding tax relief while protecting So- money, rather than sending it to Wash- that is not enough for the appetite of cial Security, protecting Medicare, re- ington. Of course, maybe some believe this administration when it comes to ducing the national debt, and also Washington can spend it better, but spending. They are going to increase funding important national priorities the people I talk to in my home State taxes by at least a net $50 billion over as well. of Minnesota believe that they would the next 5 years, $90 billion over the Whatever form the tax relief eventu- have a better place to put that money next decade. ally takes, whether it is my 10-percent, than Washington. The good news is that the budget across-the-board income tax cut which Tax relief may temporarily relieve blueprint that we passed today on the I have proposed in Senate bill 3, a 10- our pain, but the Tax Code, as I said, I Senate floor is reserving nearly $800 percent, across-the-board reduction in believe is the root of all our tax evils. billion of the nonSocial Security sur- all the rates—in other words, if you It is not the employees at the IRS, it is plus. That is important. We are not owe the $4,000 in taxes this year to the not the agents. They are trying to taking any money out of Social Secu- Federal Government, take 10 percent labor under some very, very com- rity dollars to use for any kind of tax off from that, keep $400 and send in plicated rules and regulations of the relief but $800 billion of nonSocial Se- $3,600. If it was $5,000, you get a $500 tax IRS Tax Code. Again, that is Congress curity surplus over the next 10 years break. If it was $1,000, you get a $100 over the last 50 years, with one layer for tax relief. tax break. It is even, across the board on top of another, on top of another, on There are basically two streams of 10 percent. top of another, of Tax Codes, regula- surplus coming into Washington: One Other tax-cut provisions on the table tions, tax breaks, incentives, special is from payroll taxes, the Social Secu- being debated include the elimination interests or whatever it might be. The rity money; the other is from over- of the marriage penalty. Again, the av- IRS is trying to dig out from under- charging on income taxes. We are set- erage couple in this country spends neath this or at least provide the infor- ting aside in our lockbox the $1.8 tril- about $1,400 or more in taxes just be- mation for us to file the taxes. It is lion in overpayment on payroll taxes cause they are married. We think that Congress that needs to get its act in or Social Security and locking that is unfair. Another option is the death gear and do something to change it. away so it can’t be spent or used for tax or the dreaded estate tax—cut or We held hearings last year in the Fi- anything but Social Security. eliminate that. Also, a cut in the cap- nance Committee. Senator ROTH did a The big debate is over what we will ital gains tax. Or it could be a com- great job on showing some of the do with the other $800 billion, about 38 bination of all of these or some of abuses in the IRS and how the code percent of this budget surplus. Again, these. It is a fact that Washington is fi- really is oppressive. It is antifamily, the President wants to spend it, and nally focused on tax relief. I think that antigrowth, antieconomy. We did make more, over the next 10 years. We are is good news for Americans. some changes. But a few changes is saying it is an overcharge that should In our budget, we provided meaning- like putting lipstick on a pig. The IRS go back to the taxpayers. For Wash- ful tax relief, earmarking $800 billion still is not pretty. We need to do some- ington, this is a surplus. This is not in surplus over the next 10 years to go thing more than make a few changes. money that Washington is entitled to. to tax relief. Again, the $800 billion in The Federal Tax Code stretches on It is like finding a wallet on the side- nonSocial Security surplus represents for more than 7 million words. It is walk. If it has $100 in it, you can do one a tax overpayment. We have to stress made up of four huge volumes, each of two things: You can keep the money, that. This is a tax overpayment by thicker than the Bible, with another 20 and that would be stealing; or you hard-working Americans, a tax over- volumes of regulation and thousands could find the rightful owner and give payment that should be returned to and thousands of pages of regulations. it back. That is what Washington has them. Another way to say that, in a The Declaration of Independence took done. It found the surplus and it can do restaurant if your bill is $17 and you go only 1,337 words to set the entire Amer- one of two things: It can keep it and to the counter and give $20, you expect ican Revolution in motion. spend it, which would be stealing it to get the change back; if you have Today, we have 7 million words in from the taxpayers; or it can send it overpaid, you expect to get the change our Tax Code that state how the Fed- back to the rightful people, the tax- back. But Washington is saying, you eral Government will collect taxes. payers. overpaid but, jeez, like the President The Government publishes 480 separate Our $800 billion of nonSocial Security said in Buffalo, NY, in January, we tax forms. The IRS mails out over 8 surplus over the next 10 years for tax could give the surplus back, but what if billion pages of forms and instructions

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3767 every year. Congress has revised the neighbor if he thinks this is a fair code. portant criteria. It is fairer, more sim- tax law a total of 5,400 times just since We must end the Tax Code as we know ple, it is friendlier, it will increase eco- the 1986 Tax Reform Act. In 13 years, it today. But, again, the unresolved nomic growth, it will increase invest- 5,400 times the Tax Code has been re- question is: What to do to replace the ment, it will help with capital forma- vised. Who could possibly keep track of code? tion, and it will create new jobs and all those changes? Not even the best I have been exploring alternative tax savings. tax lawyers and CPAs in the country systems for quite awhile and, after con- Under the national sales tax system, understand the Tax Code completely. siderable study of the issue, I believe working Americans will be able to keep Not even the experts at the IRS itself the national sales tax plan is the best 100 percent of their pay, their pension, can understand the Tax Code com- solution to our problems. I used to sup- or Social Security check. They no pletely. Taxpayers today spend billions port a flat tax. I think most Americans longer need to file a tax return with of dollars a year trying to comply with would say a flat tax would be a good al- the IRS. Their family’s finances are its dizzying rules and regulations. ternative. That is the one that has got- not revealed to Government bureau- The IRS today employs over 102,000 ten probably the most publicity. But it crats. They will not be penalized for agents to collect taxes. Now, 102,000 needs to have a lot of examination. In getting or staying married, and they agents to collect taxes, that is more fact, a couple of Congressmen in the will not be penalized, by the way, for agents than the FBI and the CIA have House, Congressmen DICK ARMEY and dying either. Everyone will pay the combined. So I think that is just proof BILLY TAUZIN, went on the road last same tax rate without loopholes, with- that tax collection has become the pri- year to about 30 different cities, doing out any special interest groups. There mary function and goal of the Federal what they called townhall meetings on will not be any hidden taxes, and ev- Government. That is the largest agen- tax issues and what to do to replace erybody will easily understand the tax. cy in Government, the IRS—102,000 the current Tax Code with something They will be able to understand exactly agents to collect taxes. I guess you put else. Representative DICK ARMEY of how much they are paying in taxes. the people where your priorities are. So Texas supported the flat tax, Congress- And, finally, it will abolish the IRS we can see the Federal Government’s man TAUZIN of Louisiana supported a completely. priority is to collect as much in taxes national sales tax. They played to Does this sound too good to be true? from you as it can. crowds of about 5,000 people or more at It may sound that way, but believe me, Our current tax system is antifamily, some of their stops. it is real. Let me briefly highlight how anti-economic growth; by any stand- So Americans are interested in this. the national sales tax legislation would ards, it encourages abuse, it encour- They want to have some information, be able to achieve this. First, the legislation will call for the ages waste, it encourages corruption. they want to know what some of the repeal of the constitutional amend- To solve this problem forever, we have alternatives would be and how they ment that created the tax nightmare to do one thing and that is uproot the would work. But when you talk about that we find ourselves in today. Mr. current tax system. We need to replace flat tax versus national sales tax— President, the 16th amendment is the it with one that promotes freedom, which are probably the two leading al- root of the tax evil. It abandoned our that promotes economic opportunity. ternatives—going into the meetings, Founding Fathers’ original principle of We must repeal the income tax and about 75 percent said they would prefer taxation by giving the Government un- other taxes, and we have to abolish the a flat tax—again, because they have limited power to tax the private in- IRS—again, not because of the people heard it most, it sounds like the most come of American people. Without the there, but because of the system that is simple plan—but after an hour and a repeal of this amendment, any tax sys- so complex we cannot understand it half or 2 hours of this townhall meet- tem will eventually become abusive anymore. We must create a new tax ing, as they came out, 75 percent fa- and intrusive. First and foremost, get system, one that is fair, a system that vored a national sales tax. rid of the 16th amendment. is simple and a system that is friendly What we need to do is begin the de- Second, the legislation will repeal to the taxpayers—not an adversary. bate. We need to do more than just 30 the income tax. It will get rid of the There is an increasing national con- town meetings around the country. We payroll tax, the estate tax, the gift tax, sensus that the current system is un- need to do this here in the Senate. We the capital gains tax, the self-employ- fair, a system that we must end, and need to be part of the campaign, to ment tax, the corporate tax, and all that the Tax Code as we know it has to start talking about Tax Code relief or the other taxes out there. be eliminated. reform, so the American public at least Third, the legislation will impose a But the unresolved question is: How gets some information on what the Tax single rate on all new goods and serv- should we replace the Tax Code? I am a Code is today, how oppressive it is, and ices at the point of final purchase, the cosponsor of a bill in the Senate called what we can do to replace it, what are final point of purchase for consump- the Tax Code Elimination Act, which some of the alternatives. I think that tion, and it will provide a universal re- would sunset the current Tax Code by is the way we need to lead in order to bate in the amount equal to the sales January 1 of the year 2003—in other get some tax relief. tax paid on essential goods and services words, get rid of it, pull it out by the Any new tax system, I think, has to such as food and medicines. roots, say it is all done, repeal the 16th do a couple of things. First, it must re- So, in other words, for low-income or amendment, and we will start all over store the fundamental principles of whatever the income is, if you are say- from scratch. taxation upon which this whole coun- ing you cannot do this because you are The White House said: That is irre- try was founded, and they are low taxes going to be charging more on foods and sponsible. How could you eliminate a and limiting the taxing power of Gov- medicines and necessities, that is not Tax Code before you have something to ernment. It must fairly and efficiently true. There will be a rebate for that. replace it? I think we all know that distribute the burden of funding our But it is a single rate on all new goods Congress would never let one day go by Government. It must promote eco- and services at the point of final pur- that it did not have the ability to col- nomic growth, not be anti-economic chase for consumption. Every Amer- lect taxes. So if we had the ability to growth. It must present less of a com- ican will be better off under the na- pass this bill today, Congress would pliance burden, and that is, again, not tional sales tax system. I believe it will work overtime, or on weekends, if it having to spend billions of dollars a create expanded economic opportuni- had to, in order to put a new system in year, every year, just to be able to fill ties for our Nation and for our people. place to collect that first dollar of new out the tax forms and meet that re- The process of implementing the na- taxes in the year 2003. So I do not have quirement. And it has to offer every tional sales tax system is going to be a any worries about that. American better economic oppor- long one. There is going to be a lot of The biggest job is going to be finding tunity. The national sales tax would do debate. So in the interim we must re- the political will to get rid of the Tax that. duce the tax burden on overtaxed Code we have today. There is an in- The national sales tax system, which Americans. I think a lot of us would creasing national consensus that the I intend to introduce soon, with other like to go to eliminating the IRS to- current system is unfair. Ask your Senators, I think meets these very im- morrow if we could, and cement in

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3768 CONGRESSIONAL RECORD — SENATE April 15, 1999 place a new tax system. But what do spending on taxes, and then you can COMMENDING SENATOR GRAMS we do in the interim, until that debate figure in the sales tax, your property Mr. COVERDELL. Mr. President, I is completed, before we can make that tax, all the other taxes that you pay, also commend Senator GRAMS, who was happen, before we can begin putting in and just find out how much of your in- here earlier leading a conversation on a fair, simple, friendly tax system? I come is going to support government. the effects and burdens of taxes on the think that is why our budget includes Again, for the average family in this American people and acknowledging the $800 billion of tax relief now. This country, they are spending more to that, indeed, Americans are paying the is interim tax relief, but we have to support Uncle Sam than they are highest taxes they have ever paid in make sure our residents, our workers, spending on the necessities; That is, their lives. It is time that the relief at least have some relief from the bur- food, clothing, shelter, and transpor- occur for workers and families and den they are paying—again, the high- tation, and even, in most cases, recre- businesses. He is not here, but I do est in the history of taxes. ation combined. So the Government is commend him for his effort. For those taxpayers who are satisfied taking a bigger bite out of their pay- As we come to the end of the day, I with the current system, I wish them check than their family is getting. I am going to deal with several unani- the best of luck in preparing their think it is time we look at this and mous consents that have been pre- taxes this year. For others, like the find how we can reduce this and allow viously agreed to. hundreds of Minnesotans who tell me hard-working Americans to keep a lit- they are tired of filling out the com- tle bit more of their money in their f plex and endless tax forms, who tell me pockets rather than sending it to TAX DAY they do not think it is fair that the Washington. Mr. BURNS. Mr. President. Today is Government takes so much of their Mr. President, I suggest the absence April 15, Tax Day, and I would like to hard-earned dollars, I invite you to join of a quorum. remind my colleagues how many Amer- me in rethinking our tax system. I The PRESIDING OFFICER. The icans define this day. think we can work together now to cre- clerk will call the roll. ate a new and more fair way to fund On May 10, 1773, the British par- The legislative assistant proceeded liament authorized the East India Tea the Federal Government, one that ulti- to call the roll. mately makes April 15 just another Company to export a half a million Mr. SPECTER. Mr. President, I ask pounds of tea to the American colonies day, just another day of the year, and unanimous consent that the order for not this day that everybody dreads and for the purpose of selling it without the quorum call be rescinded. imposing upon the company the usual hates and is now spending many hours, The PRESIDING OFFICER. Without tonight, trying to figure out exactly duties and tariffs. It was their inten- objection, it is so ordered. tion to try to save the corrupt and mis- what they owe in taxes. Mr. SPECTER. I thank the Chair. Again, I do not know if 40 percent is managed company from bankruptcy. (The remarks of Mr. SPECTER per- a fair amount of income to pay to the The effect was that the company could taining to the introduction of S. 822 are Federal Government. I do a lot of town undersell any other tea available in the located in today’s RECORD under meetings, or talk with students. I al- colonies, including smuggled tea. The ‘‘Statements on Introduced Bills and ways like to ask a question to start disruption to American commerce was Joint Resolutions.’’) with: What do you think is a fair per- unacceptable to many, including Sam Mr. SPECTER. I thank the Chair and centage of your income that should go Adams of Boston. yield the floor. to support government? We all need a On November 27, 1773, three ships Mr. COVERDELL addressed the good government. This is not about loaded with such tea landed at Boston Chair. getting rid of the government. This is and were prevented from unloading The PRESIDING OFFICER. The Sen- not getting rid of the Federal, State, or their cargo. Fearing that the tea would ator from Georgia. local governments. But what is an ade- be seized for failure to pay customs du- quate amount of money to fund the Mr. COVERDELL. First, before the ties, and eventually become available Government, and what kind of services Senator from Pennsylvania gets away, for sale, Adams and the Boston Whigs should we demand the Government pro- I wish I had been able to hear all of his arranged a solution. On the night of vide with those tax dollars, not the remarks. But it will be in the RECORD. December 16, 1773, a group of colonists, waste and abuse that is in the system It was very intriguing. I could not disguised as Mohawk Indians, snuck today. Today, if the system runs out of agree more with any concept that envi- aboard the ships and dumped 342 chests money, they just add more money to sions simplicity, equity. I think a lot of tea into Boston Harbor. it, not look at where the abuse is, of taxpayers today think somebody The King’s response was the passing whether the money is being spent else is getting a better deal, and there of the Intolerable Acts which precip- right. Are we overpaying for services is a lot of cynicism as a result. itated the forming of the First Conti- we do not get? But with a proposal such as you are nental Congress to consider united re- This Government has never had to do talking about, everybody knows what sistance. As we all know, this was the what business has to do, and that is, the rules of the road are. I think in ad- beginning of what is today the longest look at how we can provide a service at dition to the many accomplishments standing Democracy in the history of the least possible cost. If they run out that you are suggesting your proposal civilization. of money, they just want to raise taxes would achieve would be a confidence It is important to reflect on the ac- again, raise taxes again, raise taxes among the American people and a re- tions taken on that day in that harbor. again. duction in cynicism about somebody It is also important to recognize today When I ask this question at townhall getting a benefit that somebody else is not very different from that historic meetings or at town meetings in high does not, and that sort of thing. So I day. Generally speaking, governments schools, of course some will say zero commend the Senator for his work. are short-lived and short-sighted. It is percent. That is not rational. But then Mr. SPECTER. Mr. President, I the responsibility of Congress to rep- we get into the basics, and it usually thank my distinguished colleague from resent the wishes of the people. It is comes out, people say around 15, 20, Georgia for those very complimentary the responsibility of Congress to ensure maybe 25 percent of their income remarks. I wonder if it would be too the people are not abused by the fed- should go to support all levels of gov- presumptuous to list him as a cospon- eral government. Acts of arrogance ernment—Federal, State, and local. sor. will not be tolerated. Acts of aggres- But then you tell them they are spend- Mr. COVERDELL. It is not presump- sion will be punished. ing, today, 40 percent of their income tuous to let me think about it. It has long been instilled in our land to support government. Mr. SPECTER. Let the Record show to criticize the Internal Revenue Serv- So, for all of those who are filling out the request has been made. I thank the ice. Last year, Congress had the oppor- their taxes tonight or have time to Senator. tunity to address many of these criti- take a look at your pay stubs, take a Mr. COVERDELL. Thank you very cisms. But I need to ask the question— look at exactly how much you are much, I say to the Senator. Is the IRS listening?

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3769 Over 123 million families will file 1040 Tax collection needs to reflect it’s As the Tax Foundation has reported returns this year. I have heard from controversial history—the IRS does year after year, in a typical household many of these families. I have spoken not have the right to use harassment the tax bill now exceeds the cost of with Montana families about their and extortion as tax collection meth- housing, food, transportation and trials with the IRS. I have spoken with ods. In blunder after blunder, the IRS clothing combined. Montana families about the difficulty is flailing in a dismal fall from effec- In fact, in 1999 the federal tax burden of scratching out a living on modest tiveness—wasting those same taxpayer will reach a peacetime high. Nearly 21 wages and then being forced to pay a dollars they are collecting. percent of the Gross Domestic Prod- significant amount of that on taxes. The IRS hearings during the 105th uct—that is the wealth created in the Where does the blame lie? Federal Congress were a very solemn wake-up country this year—will go to the fed- spending is the gorilla on the tax- call. Customer service will never be eral government. payer’s back. The problem also lies considered as an IRS attribute, but As we approach the end of the 20th with our Nation’s Tax Code. How com- that’s what the IRS needs to pound century it is useful to look back on the plicated is the Tax Code? Complicated into their employees—the people who history of the tax burden. enough to require significant revision— need to learn to work with American The Joint Economic Committee of in fact, I think we should scrap the taxpayers—not against them. the Congress estimates that in 1900, the code for a simpler version providing eq- Perhaps part of the blame lies with average federal tax burden on a family uitable treatment. Here are the facts Congress. We should not be fooled by was 3 percent, and the average state on the confusing nature of our Nation’s IRS reports telling us ‘‘we’re working and local burden was 5 percent, for a Tax Code: out the problems.’’ As the representa- combined total of 8 percent. The IRS employs 96,000 workers to tive body of our Nation, Congress must As the century closes the JEC esti- collect Federal taxes amounting to $1.8 hold the IRS to a zero tolerance stand- mates the average federal tax burden trillion and to administer the 1.5 mil- ard. on a family is 24 percent, and the aver- lion word income tax code. I have been contacted earlier this tax age state and local burden is 11 per- The IRS expects to receive 120 mil- season, by numerous Montana con- cent, for a total of 35 percent. Mr. lion phone calls for assistance this stituents bearing complaints about the President, we have come a very long year. IRS. Most of the constituents are very way. A new Associated Press poll finds disgruntled with the length of time it The IRS estimates that 123 million that the percentage of Americans who takes to have a resolution processed. families will file their tax returns this say that Federal taxes have gotten too They send me folders and files of cor- year. The tax code is so complex that complicated is up to 60 percent. respondence. During the lengthy bu- nearly half of these families require The Federal Tax Code is so complex reaucratic process, debts grow fantas- the service of some type of tax profes- tically high with interest and pen- that about half of American families sional in order to file their tax returns. now require the services of tax profes- alties. This means that on top of the actual One of those cases involves the IRS’s sionals to file their tax returns. tax owed to the government, there is a denial of due process of legal challenge The IRS estimates that taxpayers hidden tax for millions of Americans in for past tax years’. But it is not just will spend an average of 11 hours pre- one—it is many—too many. A fairer the form of tax-compliance and profes- paring their 1040’s this year. less complicated tax system may help sional services fees. Even for simple At a minimum, the cost of collecting to clear up some of the IRS abuses. By tax returns, this can add another $100 the federal income tax, including the simplifying the tax system, one can to the tax bill each year. value of the billions of hours that tax- only think we would simplify our rev- For small businesses the tax compli- payers spend filling forms, is at least 10 enue collection system. ance costs run into the thousands of cents for every dollar of tax revenue Mr. President, tax collectors have a dollars. collected. long history of public persecution. Mr. President, it is time for funda- After the hearings we held last year, Today, my colleagues and I stand here mental tax reform. We should begin I admit I continue to be dismayed over not to tar and feather the tax col- this process by reducing income tax what I consider to be a continuation of lector, but to put an end to the abusive rates across the board. the arrogant attitude conveyed by the culture that has spread like a bacteria We should also eliminate complex actions of the Internal Revenue Serv- throughout the IRS. and punitive taxes such as the estate ice. and gift tax, and we should continue to While the IRS expects taxpayers to f build on our successful reform of the fill out their tax forms accurately, the TAX FREEDOM DAY IRS by making it possible for most General Accounting Office has just re- Mr. ALLARD. Mr. President, today is Americans to comply with the tax sys- leased a report criticizing the agency April 15. It is Tax Day. This is the tem with minimal expense and effort. for poor bookkeeping and failing the deadline by which we must file our 1040 The federal government is too big, same sort of audit that the agency im- Form and pay any additional taxes we and it costs too much. We should use poses of American taxpayers. might owe on top of what was withheld the budget surplus for two things, re- IRS management must recognize during the year. duction of the federal debt, and tax re- that they have a difficult job—pro- Unfortunately, typical Americans lief. moting quality customer service. Not will work well beyond April 15, to pay The surplus belongs to the American an easy task considering the historic their taxes. This is because Tax Free- people, it does not belong to the gov- attitude toward the IRS. dom Day does not come until May 11. ernment. For decades the cost of gov- The founding of this great Nation’s Tax Freedom Day is the day in the ernment has risen, Tax Freedom Day history begins with the Boston Tea year to which the typical American has moved later and later into the Party—a revolt against tyrannical rule family must work just to pay the com- year. and unfair taxation. Taxes are a nec- bined state, federal, and local tax bur- Mr. President, it is time for us to essary evil but, if kept in check, impor- den. For many Americans the total tax begin rolling back Tax Freedom Day. tant to all levels of government. burden now exceeds one-third of family Let’s give the American family a well Taxes have created the world’s great- income. earned break. est highway infrastructure, contrib- The Tax Foundation just announced f uted to the protection of our nation’s today that Tax Freedom Day will move borders, and supported the most suc- one day further into the year in 1999. TRIBUTE TO MR. LYNN W. cessful democratic government in his- Last year it was May 10, this year it HENINGER, NASA DEPUTY AS- tory. will be May 11. This is the latest day SISTANT ADMINISTRATOR FOR But waste and abuse of tax dollars ever, and it marks the sixth straight LEGISLATIVE AFFAIRS have burdened the American taxpayer year that Tax Freedom Day has ad- Mr. LOTT. Mr. President, I would with one of the highest levels of tax- vanced a day or more further into the like to take this opportunity to recog- ation in recent years. year. nize the outstanding work of Mr. Lynn

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3770 CONGRESSIONAL RECORD — SENATE April 15, 1999 W. Heninger as NASA Deputy Assistant Five years ago, April 14, 1994, the fed- are issues as fresh today as they were in the Administrator for Legislative Affairs. eral debt stood at $4,567,340,000,000 19th century, when Northampton was paint- Having served in this position since De- (Four trillion, five hundred sixty-seven ed as a heavenly view by Thomas Cole and described with affection by Henry James in cember 1987, Mr. Heninger is leaving to billion, three hundred forty million). his first novel, ‘‘Roderick Hudson.’’ They pursue other opportunities in the pri- Ten years ago, April 14, 1989, the fed- were raised when it hanged two innocent im- vate sector. He definitely will be eral debt stood at $2,771,629,000,000 (Two migrant Irishmen in 1806 for suspected mur- missed by many of my colleagues on trillion, seven hundred seventy-one bil- der and when it tried a police officer, a na- both sides of the aisle. lion, six hundred twenty-nine million) tive son, for the rape of his own child, during I have enjoyed working with Mr. which reflects a doubling of the debt— the four years that Tracy Kidder spent re- Heninger on a wide range of matters af- an increase of almost $3 trillion— porting his new book, ‘‘Home Town’’ (Ran- dom House), to be published in May. fecting NASA. I always found him to be $2,895,201,242,609.56 (Two trillion, eight Mr. Kidder, 53, lives in nearby Williams- extremely knowledgeable and very ef- hundred ninety-five billion, two hun- burg with his wife, Frances, a painter, but fective in representing NASA’s views. dred one million, two hundred forty- considers Northampton his home, too. As he He has always maintained a friendly two thousand, six hundred nine dollars proudly showed it to a visitor recently, the and constructive approach to his work and fifty-six cents) during the past 10 city give him a parking ticket. No place is which has served NASA very well. prefect. years. Like ‘‘The Soul of a New Machine,’’ his Mr. Heninger had the difficult task of f Pulitzer Prize-winning account of the devel- coordinating the NASA legislative NORTHAMPTON, MA—A opment of a new computer and the advent of agenda. He deftly balanced a wide the computer age, ‘‘Home Town’’ is the por- range of NASA issues including the REVITALIZED CITY trait of a cultural phenomenon, seen through International Space Station, Rocket Mr. KENNEDY. Mr. President, to- the lies of the people creating it. It is also Propulsion Programs, Earth Science day’s New York Times contains an ex- the story of a particular town, and how it cellent article by William L. Hamilton has made itself a home. The citizens whose and Remote Sensing initiatives. Be- experiences are observed in literary detail, cause Mr. Heninger earned the trust on the city of Northampton in Massa- from a local judge to a cocaine addict, could and confidence of those with whom he chusetts and the remarkable revitaliza- be members of a family, sheltered by a civic worked, he was able to promote tion that has taken place in the city in roof. NASA’s views very effectively in Con- recent years. Northampton is also the In this decade, in a successful reverse of gress. subject of a soon-to-be published book, the demographic direction of the century, After graduation from Utah State Home Town, by Tracy Kidder, in which more Americans are now moving from big cities to small towns than from small towns University with a Bachelor of Science, the author captures the spirit and es- to big cities. A 30-year migration by young he served in the U.S. Army for three sence of community that has turned professionals, baby boomers and retirees years as an artillery officer and heli- this former small mill town into the from cities and suburbs to rural, exurban copter pilot, including duty in Vietnam cultural, historic and economically re- areas has produced a new generation of what with the 1st Infantry Division. He re- vitalized city it is today. are being called ‘‘boomtowns.’’ Two hour by turned to Utah State University, after I also commend the woman respon- car from Boston and three hours from New sible for much of this successful revi- York, Northampton, an ex-industrial mill briefly working with NASA Johnson town, pretty and preserved, is now the prod- Space Center as a Program Analyst, to talization, Mayor Mary Ford. For the uct of settlement like this. earn a Masters in Business Administra- past 8 years, Mayor Ford has brought a Despite an annual decrease in the city’s tion. In 1970, he joined the Department new spirit to the city with her many birth rate, the population has remained of Transportation to work as a Budget successful initiatives. Northampton’s steady, which city planners attribute to ‘‘in- Analyst. Mr. Heninger returned, yet schools are renovated, its streets are come migration.’’ said Wayne Feiden, the di- safer, its water is cleaner, its housing rector of planning and development. ‘‘Who’s again to his alma mater, where he coming? A lot of well-educated professionals, served as a Project Director with the is more affordable, and its roads are attracted by a town that’s amenity-rich and Economic Department at Utah State more accessible. very comfortable to live it.’’ University. Before rejoining NASA in Mayor Ford has also demonstrated Mr. Kidder, who moved to the area in 1976, 1977 as the Chief of Program Support in impressive leadership in making is part of the trend. Now, he has filed his re- NASA’s Office of Space Science, he Northampton a leading cultural center port: a firsthand look at life in the type of worked briefly as an Organizational of Western Massachusetts. The city is peaceful place that many find themselves home to the Massachusetts Inter- sorely tempted to try. Not everyone stays— Specialist with the United Nations in native or new arrival. In portraying North- Bogota, Columbia. Lynn is married to national Festival of the Arts, Paradise ampton, Mr. Kidder has attempted to assem- the former Colleen Johnson and has City Arts Festival, the Northampton ble a set of natural laws, and sides of human five children, Jeffrey, Camille, Diana, Film Festival, and the newly restored nature, that explain what makes any town Patricia, and Natalie. historic Calvin Threatre. work, or how it can fail those who love it the Mr. Heninger has earned the respect Mayor Ford is on the front lines most. of many Members of Congress and their every day, making an important dif- To those making the move, cities like ference in the lives of families in Northampton are dots on a map chosen on a staffs through hard work and his Sunday visit for their size, their safety, their straightforward nature. As he now de- Northampton, and she’s done a remark- qualities of life and their nostalgia. They are parts to share his experience and exper- able job. The people of Northampton the garden cities of childhood—the kind of tise in the civilian sector, I call upon and all of us in Massachusetts are hometown they don’t build anymore, the my colleagues on both sides of the aisle proud of her outstanding leadership, kind they may never have. to recognize his outstanding and dedi- and we commend her for making ‘‘I was born in New York City and grew up Northampton the vital city that it is on Long Island,’’ Mr. Kidder said recently, cated public service and wish him all ‘‘in a place, Oyster Bay, that kind of van- the very best in his new challenges. today. Well done, Mayor Ford, and ished as I was growing up. Whole towns dis- f keep up the great work! appeared, it would seem, under cloverleafs.’’ Mr. President. I ask unanimous con- He was walking down the gentle slope of THE VERY BAD DEBT BOXSCORE sent that the article by William L. Northampton’s Main Street, away from the Mr. HELMS. Mr. President, at the Hamilton in today’s New York Times tiny, turreted city hall, past the Academy of Music, a Moorish 106-year-old municipally close of business yesterday, Monday, be printed in the RECORD. operated theater, now showing ‘‘Shakespeare April 14, 1999, the federal debt stood at There being no objection, the article in Love.’’ A woman in a floral skirt that $5,666,830,242,609.56 (Five trillion, six was ordered to be printed in the brushed the tops of her cowboy boots was of- hundred sixty-six billion, eight hun- RECORD, as follows: fering strollers copies of her book on tape. A dred thirty million, two hundred forty- [From the New York Times, Apr. 15, 1999] squat signboard for the Fire and Water Vege- two thousand, six hundred nine dollars NORTHAMPTON, MA—A REVITALIZED CITY tarian Cafe and Performance Space sat like and fifty-six cents). a toad by the curb. There was a branch office (By William L. Hamilton) of Dean Witter Reynolds across the street. One year ago, April 14, 1998, the fed- Northampton, a city of 30,000 in western Northampton is blessed by confluence and eral debt stood at $5,547,606,000,000 Massachusetts, has been raising issues of circumstance. Bounded by the Mount Tom (Five trillion, five hundred forty-seven community for more than 300 years—charity, and Holyoke hills and threaded by the Con- billion, six hundred six million). self-interest, tolerance and division. They necticut and Mill rivers, it is also circled by

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3771 institution: Amherst College, Hampshire them there to enforce the town’s economic age Commerce and Trade,’’ the PRO- College, Mount Holyoke College, the Univer- heterogeneity. ‘‘You’ve got to have this ten- TECT Act. This legislation seeks to sity of Massachusetts and, sitting at the sion. You’ve got to find a way to let lots of promote electronic commerce by en- head of Main Street, the Smith College cam- different kinds of people in, and keep them couraging and facilitating the use of pus, designed in 1875 by Frederick Law there.’’ Olmstead. The 19th-century state mental Mr. Kidder is not ambivalent about North- encryption in interstate commerce hospital is now abandoned. The poet Sylvia ampton, but he is not foolish, either, ‘‘It’s consistent with the protection of Plath, an undergraduate at Smith in the got problems, of course,’’ he said, reciting United States law enforcement and na- 1950’s, wrote to her mother of walking in the the national roster of gang crime and home- tional security goals and missions. evening to a professor’s house for a cocktail lessness and a drug problem in the local During the last Congress, there was a party, ‘‘listening to the people screaming.’’ schools that is conspicuous for the state. He very intense debate surrounding the Main Street bends slowly through the was at the bar of the Bay State Hotel, a fa- encryption issue. That debate, as with town, side streets flowing into it, like a third vorite spot opposite the restored train sta- any discussion regarding encryption river. ‘‘There are some magical things about tion, now Spaghetti Freddy’s, drinking a technology, centered around the chal- this that couldn’t have been planned,’’ Mr. Diet Coke. Sitting in the dimly lighted, yel- lenge of balancing free trade objectives Kidder said, speaking of the setting’s majes- low-wood-paneled tavern, with its etched with national security and law enforce- tic gait. ‘‘This broad sweep that Main Street Budweiser mirror, painting of Emmett Kelly makes, it makes simply because of the to- and silent blinking jukebox was like being ment interests. There were various pro- pography, before you had earth-moving inside a Christmas tree at night. ‘‘And what posals put forward. None, however, equipment.’’ limits the size of the town is jobs,’’ said Mr. emerged as a viable solution. In the Northampton’s recent history has a famil- Kidder, who is self-employed. ‘‘The largest end, the debate became polarized, as iar plot—a downtown rescued in the 1970’s by employer, which was the state mental hos- many became entrenched upon basic creative real estate developers and resident pital, closed its doors years ago.’’ approaches, losing sight of the overall pioneers who discovered and reinvented its Wayne Feiden, the planning director, con- policy objectives upon which everyone historic infrastructure. It is an architectural curred. ‘‘Whenever you see polls in Money routine: with restoration and new, entertain- generally agreed. magazine and the rest, about the best towns, It was my objective to get outside ment-oriented businesses, the low brick we never make it,’’ he said. ‘‘The jobs aren’t buildings, Victorian clapboard houses, Art there.’’ Mr. Feiden added that the danger of the box of last year’s debate. In the Deco theater and a Gothic chess set of city being a boomtown was that well-paid profes- past, balancing commercial and na- hall and courthouse become an animated sionals like doctors and lawyers, of whom tional security interests has been Main Street. In Northampton, there are there are many in Northampton, who moved treated as a zero sum game, as if the apartments above the shops, stimulating there for its charms, would move on, frus- only way to forward commercial inter- street life at night. The crosswalks at the trated from feeling underpaid. ‘‘It’s why they est was at the expense of national secu- intersection of Main and King streets, where don’t stay.’’ rity, or vice versa. This is simply not the town converges, are wired with speakers If Northampton does not, despite restored that signal sonically for the blind and stop the case. Certainly, advanced facades, present an unblemished picture, Mr. encryption technologies present a traffic in four directions, letting strollers Kidder makes a strong case that the beauty spill momentarily into the square. of a place is not in its skin—it is in its peo- unique set of challenges for the na- To the casual eye, it can look more like a ple. They are the simple and dramatic acts tional security and law enforcement marketing concept than a place to live—a and the descriptive faces of his book. They community. However, these challenges factory town retooled by the wish list of the are, he contends, the genius of a place. are not insurmountable. latte generation. A bookshop’s magazine dis- Mr. Kidder’s ‘‘Home Town’’ hero is a na- What the PROTECT Act does, is to play offers an informal census of tive, who, as the book concludes, leaves lay out a forward-looking approach to Northampton’s new citizens and visitors: Northampton for the wider world, freed of encryption exportation, a course that Raygun, Natural History, Birdwatcher’s Di- his ‘‘nick-names,’’ as Mr. Kidder character- gest, American Craft, Bike, Fine Home- puts into place a rational, fact-based ized the linked chain of time spent growing procedure for making export decisions, building, Interview, The Writer, Outside, up in the same small town. Macworld and Out. The town has been the ‘‘It seemed to make too much wholesome that places high priority on bringing subject of a ‘‘20/20’’ segment because of a sense, from a distance,’’ Mr. Kidder said, the national security and law enforce- large gay and lesbian population. speaking of Northampton. ‘‘And then I ran ment community up to speed in a dig- ‘‘It’s tempting to parody, but it’s too into this cop,’’ he said. ‘‘Tommy O’Connor, ital age, and that ultimately provides a easy,’’ Mr. Kidder said, crossing the intersec- at the gym that I go to.’’ national security backstop to make tion of Main and King as the crosswalks Mr. Kidder was back at his house, not the certain that advanced encryption prod- beep-beeped like Saturday cartoon char- home built for a professional couple in Am- acters. To the citizenry, it appeared to ucts do not fall into the hands of those herst and chronicled in his 1985 book, who would threaten the national secu- produce genuine wonderment—rainbow- ‘‘House,’’ but a converted creamery on a mill haired teen-agers, mothers in Polartec, men river that runs beneath the dining room win- rity interests of the United States. in linen sweaters and loafers without socks dows. He greeted his daughter, Alice, 20, who Title I of the legislation deals with crowded the open intersection, as cars on walked into the kitchen with a bag of gro- domestic encryption. The bill estab- four sides sat muzzled like dogs, waiting for ceries from Bread and Circus, a natural-foods lishes that private sector use, develop- the lights. ‘‘What you see is pretty motley, supermarket. She pulled mixing bowls from ment, manufacture, sale, distribution but there is a solid mainstream, an almost the cupboards to make dessert for dinner— and import of encryption products, invisible background to it,’’ he said. profiteroles, for guests. standards and services shall be vol- Like any town, Northampton is many ‘‘Tommy’s a very gregarious guy,’’ Mr. untary and market driven. Further, town, including a town with a native popu- Kidder recalled. ‘‘He said, ‘You don’t remem- lation. As Mr. Kidder writes, the the government is prevented from ber me, do you?’ I said no, He said, ‘Well, I tying encryption used for confiden- ‘‘Gentrification Is War’’ graffito, written arrested you for speeding five years ago.’ ’’ prominently on a building downtown, is now An electric mixer began clattering in a bowl. tiality to encryption used for softly faded. But two particular towns live ‘‘This guy with a shiny dome had been a authentification. It is established that together like a couple in a brokered mar- curly-haired cop then.’’ Mr. Kidder said. ‘‘I it is lawful for any person in the riage that may or may never grow into love. remember that after he gave me the ticket, United States, and for any U.S. person ‘‘Hamp,’’ or native Northampton, shops on he said, ‘Have a nice day.’ ’’ in a foreign country, to develop, manu- the strip of King Street as it leaves town at Mr. Kidder smiled at the recollection; Mr. facture, sell, distribute, import, or use Main Street, not in ‘‘NoHo,’’ or the revital- O’Connor, who now lives in Washington and any encryption product. ized downtown, for which Main Street pro- works for the Federal Bureau of Investiga- vides the artery. The PROTECT Act prohibits manda- tion, remains a friend. tory government access to plaintext. ‘‘In all of downtown, I don’t think you can ‘‘Anyway, he said, ‘Why don’t you come buy a socket wrench,’’ Mr. Kidder said. out and ride with me some night?’ He said The bill prohibits the government from ‘‘When you look at old pictures, there were he’d show me a town I never imagined ex- standards setting or creating approvals nothing but hardware stores.’’ isted.’’ It was, of course, Northampton. or incentives for providing government Because of its newcomers, Northampton is Mr. Kidder said, ‘‘And he was right.’’ access to plaintext, while preserving a big, little place, pressured by the demands existing authority for law enforcement of the present on the past. ‘‘Without argu- f and national security agencies to ob- ment, a place begins to go dead,’’ Mr. Kidder THE PROTECT ACT said, walking on Pleasant Street, where tain access to information under exist- many single-room occupancy houses re- Mr. McCAIN. Mr. President, yester- ing law. main—a short block from Main Street’s con- day I introduced a bill to ‘‘Promote Re- Title II of the legislation deals with sumer circus. Local government has kept liable On-Line Transactions to Encour- government procurement procedures.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3772 CONGRESSIONAL RECORD — SENATE April 15, 1999 The bill makes clear that it shall be cifically designed or modified for mili- Board’s determination that the product the policy of the Federal government tary use, including command and con- is generally or publicly available or to permit the public to interact with trol and intelligence applications. The that a comparable foreign product is the government through commercial legislation clarifies that the U.S. gov- available, and may thus export the networks and infrastructure and pro- ernment may continue to impose ex- product without consequences. How- tect the privacy and security of any port controls on all encryption prod- ever, a critical national security back- electronic communications and stored ucts to terrorist countries, and embar- stop is provided. Regardless of the rec- information obtained by the public. goed countries; that the U.S. govern- ommendation of the board, or the deci- The Federal government is encour- ment may continue to prohibit exports sion of the Secretary, the President is aged to purchase encryption products of particular encryption products to granted the absolute authority to deny for its own use, but is required to en- specific individuals, organizations, the export of encryption technology in sure that such products will inter- country, or countries; and that order to protect U.S. national security operate with other commercial encryption products remain subject to interest. However, a process of review encryption products, and the govern- all export controls imposed for any rea- is established whereby market-avail- ment is prohibited from requiring citi- son other than the existence of ability, and other relevant information zens to use a specific encryption prod- encryption in the product. may be gathered and presented in order uct to interact with the government. Encryption products utilizing a key to ensue that such determinations are Title II of the PROTECT Act author- length of 64 bits or less are decon- informed and rational. izes and directs NIST to complete es- trolled. Further, certain additional Any products with greater than a 64 tablishment of the Advanced Encrytion products may be exported or reex- bit key length that has been granted Standard by January 1, 2002. Further, ported under license exception. These previous exemptions by the adminis- the bill ensures the process is led by include: recoverable products; tration are grandfathered, and decon- the private sector and open to com- encryption products to legitimate and trolled for export. Upon adoption of the ment. Beyond the NIST role in estab- responsible entities or organizations AES, but not later than January 1, lishing the AES, the Commerce Depart- and their strategic partners, including 2002, the Secretary must decontrol ment is expressly prohibited from set- on-line merchants; encryption products encryption products if the encryption ting encryption standards—including sold or licensed to foreign governments employed is the AES or its equivalent. U.S. export controls—for private com- that are members of NATO, ASEAN, Finally, the PROTECT Act prohibits puters. and OECD; computer hardware or com- the Secretary from imposing any re- A critical component of the PRO- puter software that does not itself pro- porting requirements on any TECT Act is improving the govern- vide encryption capabilities, but that encryption product not subject to U.S. ment’s technological capabilities. incorporates APIs of interaction with export controls or exported under a li- Much of the concern from law enforce- encryption products; and technical as- cense exception. ment and national security agencies is sistance or technical data associated Mr. President, as I have stated, my rooted in the unfortunate reality that with the installation and maintenance purpose in putting this legislation to- the government lags desperately be- of encryption products. gether was to get outside the zero sum hind in their understanding of ad- The Commerce Department is re- game thinking that has become so in- vanced technologies, and their ability quired to make encryption products dicative of the debate surrounding the to achieve goals and missions in the and related computer services eligible encryption export controls. I would digital age. for a license exception after a 15-day, like to commend the outstanding and This legislation expands NIST’s In- one-time technical review. Exporters creative leadership of Senator BURNS formation Technology Laboratory du- may export encryption products if no on this issue. He is a leader on tech- ties to include: (a) obtaining informa- action is taken within the 15-day pe- nology issues in the Senate, and has tion regarding the most current hard- riod. played an invaluable role in developing ware, software, telecommunications A formal process is established this approach. I look forward to work- and other capabilities to understand whereby encryption products employ- ing with him, and our other original how to access information transmitted ing a key length greater than 64 bits cosponsor in building the support nec- across networks; (b) researching and may be granted an exemption from ex- essary to see the PROTECT Act signed developing new and emerging tech- port controls. Under the procedures es- into law during this Congress. niques and technologies to facilitate tablished by this legislation, f access to communications and elec- encryption products may be exported SENATE SPECIAL COMMITTEE ON tronic information; (c) researching and under license exception if: the Sec- THE YEAR 2000 TECHNOLOGY developing methods to detect and pre- retary of Commerce determines that PROBLEM vent unwanted intrusions into com- the product or service is exportable Mr. BENNETT. Mr. President, on mercial computer networks; (d) pro- under the Export Administration Act, March 25, 1999, the Senate Special Com- viding assistance in responding to in- or if the Encryption Export Advisory mittee on the Year 2000 Technology formation security threats at the re- Board created under this Act deter- Problem published its rules of proce- quest of other Federal agencies and law mines, and the Secretary agrees, that dure. Also published was an overview of enforcement; (e) facilitating the devel- the product or services is, generally the Committee’s jurisdiction and au- opment and adoption of ‘‘best informa- available, publicly available, or a com- thority. We publish today the corrected tion security practices’’ between the parable encryption product is avail- and complete statement of jurisdiction agencies and the private sector. able, or will be available in 12 months, and authority of the Committee which The duties of the Computer System from a foreign supplier. Security and Privacy Board are ex- As referenced, the PROTECT Act cre- is provided by S. Res. 208, 105th Con- panded to include providing a forum for ates an Encryption Export Advisory gress, as amended by S. Res. 231, 105th communication and coordination be- Board to make recommendations re- Congress, and S. Res. 7, 106th Congress. Mr. President, I ask unanimous con- tween industry and the Federal govern- garding general, public and foreign sent that the corrected and completed ment regarding information security availability of encryption products to statement of jurisdiction and authority issues, and fostering dissemination of the Secretary of Commerce who must be printed in the RECORD. make such decisions to allow an ex- general, nonproprietary and noncon- There being no objection, the mate- emption. The Secretary’s decision is fidential developments in important rial was ordered to be printed in the information security technologies to subject to judicial review. The Presi- RECORD, as follows: appropriate federal agencies. dent may override any decision of the S. RES. 208, APRIL 2, 1998, AS AMENDED Title V of the legislation deals with Board or Secretary for purposes of na- Resolved, the export of encryption products. The tional security without judicial review. SECTION 1. ESTABLISHMENT OF THE SPECIAL Secretary of Commerce is granted sole This process is critical. It ensures that COMMITTEE. jurisdiction over commercial the manufacturer or exporter of an (a) ESTABLISHMENT.—There is established a encryption products, except those spe- encryption product may rely upon the special committee of the Senate to be known

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3773 as the Special Committee on the Year 2000 cordance with the provisions of section 202(i) ostensibly help poor countries. Dr. Technology Problem (hereafter in this reso- of the Legislative Reorganization Act of 1946; Evans is a professor of economics at lution referred to as the ‘‘special com- and the Kellogg School at Northwestern mittee’’). (8) with the prior consent of the Govern- University of Illinois. In this detailed (b) PURPOSE.—The purpose of the special ment department or agency concerned and committee is— the Committee on Rules and Administration, analysis, Dr. Evan’s reviews the his- (1) to study the impact of the year 2000 to use on a reimbursable or 1 nonreimburs- tory of recent gold sales and cautions technology problem on the Executive and able basis the services of personnel of any that selling gold often degrades eco- Judicial Branches of the Federal Govern- such department or agency. nomic performance. Based on this em- ment, State governments, and private sector (b) OATHS FOR WITNESSES.—The chairman pirical research, Dr. Evans states that operations in the United States and abroad; of the special committee or any member countries that have resorted to gold (2) to make such findings of fact as are thereof may administer oaths to witnesses. sales have found their currency depre- (c) SUBPOENAS.—Subpoenas authorized by warranted and appropriate; and ciated, their real growth rate down and (3) to make such recommendations, includ- the special committee may be issued over ing recommendations for new legislation and the signature of the chairman after consulta- their unemployment up relative to amendments to existing laws and any admin- tion with the vice chairman, or any member countries that did not sell gold. istrative or other actions, as the special of the special committee designated by the The IMF has established a policy to committee may determine to be necessary or chairman after consultation with the vice ‘‘avoid causing disruptions that would desirable. chairman, and may be served by any person have an adverse impact on all gold No proposed legislation shall be referred to designated by the chairman or the member holders and gold producers, as well as the special committee, and the committee signing the subpoena. on the functioning of the gold mar- (d) OTHER COMMITTEE STAFF.—The special shall not have power to report by bill, or ket.’’ The proposal that the IMF is now otherwise have legislative jurisdiction. committee may use, with the prior consent (c) TREATMENT AS STANDING COMMITTEE.— of the chairman of any other Senate com- contemplating would directly conflict For purposes of paragraphs 1, 2, 7(a)(1)–(2), mittee or the chairman of any subcommittee with this well-founded rule. In fact, the and 10(a) of rule XXVI and rule XXVII of the of any committee of the Senate and on a suggestion of gold sales has already ad- Standing Rules of the Senate, and section 202 nonreimbursable basis, the facilities or serv- versely impacted gold holders and gold (i) and (j) of the Legislative Reorganization ices of any members of the staff of such producers by causing an alarming drop Act of 1946, the special committee shall be other Senate committee whenever the spe- in the price of gold. treated as a standing committee of the Sen- cial committee or its chairman, following Currently, the price of gold is at its consultation with the vice chairman, con- ate. lowest point in twenty years. This is SEC. 2. MEMBERSHIP AND ORGANIZATION OF siders that such action is necessary or appro- THE SPECIAL COMMITTEE. priate to enable the special committee to significant because the low price of (a) MEMBERSHIP.— make the investigation and study provided gold is now nearing the break-even (1) IN GENERAL.—The special committee for in this resolution. point for even the larger mines. There- shall consist of 7 members of the Senate— (e) USE OF OFFICE SPACE.—The staff of the fore, these mines will be forced to ei- (A) 4 of whom shall be appointed by the special committee may be located in the per- ther operate at loss or shut down en- President pro tempore of the Senate from sonal office of a Member of the special com- tirely. With mining and related indus- the majority party of the Senate upon the mittee. tries accounting for 3 million jobs and recommendation of the Majority Leader of SEC. 4. REPORT AND TERMINATION. 5 percent of the gross domestic prod- the Senate; and The special committee shall report its uct, this would have a serious impact (B) 3 of whom shall be appointed by the findings, together with such recommenda- President pro tempore of the Senate from tions as it deems advisable, to the Senate at on our nations economy. the minority party of the Senate upon the the earliest practicable date. The IMF should abandon this initia- recommendation of the Minority Leader of SEC. 5. FUNDING. 2 tive and pursue alternatives to assist the Senate. (a) IN GENERAL.—There shall be made these poor nations. The Chairman and Ranking Minority Mem- available from the contingent fund of the I ask unanimous consent that the ar- ber of the Appropriations Committee shall be Senate out of the Account for Expenses for ticle be printed in the RECORD. appointed ex-officio members. Inquiries and Investigations, for use by the There being no objection, the article (2) VACANCIES.—Vacancies in the member- special committee to carry out this resolu- was ordered to be printed in the ship of the special committee shall not affect tion— RECORD, as follows: the authority of the remaining members to (1) not to exceed $875,000 for the period be- execute the functions of the special com- ginning on April 2, 1998, through February 28, [From the Washington Times, Apr. 6, 1999] mittee and shall be filled in the same man- 1999, and $875,000 for the period beginning on (By Michael Evans) ner as original appointments to it are made. March 1, 1999 through February 29, 2000, of In the rarefied atmosphere of Davos, Swit- (3) SERVICE.—For the purpose of paragraph which not to exceed $500,000 shall be avail- zerland, Vice President Al Gore fired his 4 of rule XXV of the Standing Rules of the able for each period for the procurement of opening salvo in the 2000 Election Year cam- Senate, service of a Senator as a member, the services of individual consultants, or or- paign, in an attempt to demonstrate his ex- chairman, or vice chairman of the special ganizations thereof, as authorized by section pertise in international finance. committee shall not be taken into account. 202(i) of the Legislative Reorganization Act Specifically, Mr. Gore suggested the Inter- (b) CHAIRMAN.—The chairman of the spe- of 1946; and national Monetary Fund should sell some of cial committee shall be selected by the Ma- (2) such additional sums as may be nec- its gold reserves and use the funds to reduce jority Leader of the Senate and the vice essary for agency contributions related to foreign debt of impoverished Third World na- chairman of the special committee shall be the compensation of employees of the special tions, following through with one of his fa- selected by the Minority Leader of the Sen- committee. vorite plans discussed in his 1992 magnum ate. The vice chairman shall discharge such (b) EXPENSES.—Payment of expenses of the opus, ‘‘Earth in the Balance.’’ Such a plan, responsibilities as the special committee or special committee shall be disbursed upon he claimed, would help alleviate ‘‘the insan- the chairman may assign. vouchers approved by the chairman, except ity of our current bizarre financial arrange- SEC. 3. AUTHORITY OF SPECIAL COMMITTEE. that vouchers shall not be required for the ments with the Third World.’’ (‘‘Earth in the (a) IN GENERAL.—For the purposes of this disbursement of salaries paid at an annual Balance,’’ p. 345). resolution, the special committee is author- rate. Forgiveness of foreign debt would certainly ized, in its discretion— f not be a unique step. The United States for- (1) to make expenditures from the contin- gave most foreign debts after both world war gent fund of the Senate; IMF GOLD for Allies and foes alike. The Brady plan in (2) to employ personnel; Mr. REID. Mr. President, I rise today the 1980s reduced Latin American debt. The (3) to hold hearings; United States also forgave much of the for- to insert into the CONGRESSIONAL (4) to sit and act at any time or place dur- eign debt of Eastern European countries ing the sessions, recesses, and adjourned pe- RECORD an analysis by the noted econo- after the demise of the Berlin Wall. Forgive- riods of the Senate; mist, Michael Evans. This information ness of debt is not necessarily a bad idea; in (5) to require, by subpoena or otherwise, regards the poorly considered effort by many cases it has worked quite well. the attendance of witnesses and the produc- the International Monetary Fund to Yet the Gore plan is questionable on two tion of correspondence, books, papers, and sell all or part of their gold reserves to major counts. First, before these debts are documents; forgiven, these countries need to provide (6) to take depositions and other testi- 1 As amended by S. Res. 231, 105th Cong., 2d Sess. some evidence they have started to improve mony; (1998). their own economic programs. Second, sell- (7) to procure the services of individual 2 As amended by S. Res. 231, 105th Cong., 2d Sess. ing gold, far from being the best way to pro- consultations or organizations thereof, in ac- (1998), and by S. Res. 7, 106th Cong., 1st Sess. (1999). ceed, is close to the worst.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3774 CONGRESSIONAL RECORD — SENATE April 15, 1999 With the IMF throwing $23 billion down inflation,’’ but their actions convinced pri- of us were proud to call a friend. The the Russian drain because that country vate sector economic agents that is what poet Yeats said: failed to institute necessary economic re- they meant. When the signaled their disdain Think where man’s glory most begins and forms, the case for requiring some moves to- for a stable price level by selling gold, the ends, ward economic stability seems strong U.S. government encouraged prices to rise And say my glory was I had such friends. enough that an extended analysis is not nec- more rapidly in the late 1970s. essary. On the other hand, the negative im- Other countries have also had negative ex- Most of all, the Cardinal was a friend pact of gold sales on economic performance periences following gold sales. On July 3, to all those who needed friends the is not well understood, and deserves further 1997, the Reserve Bank of Australia an- most—the oppressed, the frightened, discussion. nounced it had sold 69 percent of its gold re- the lost, the ‘‘disappeared.’’ He shel- Suppose the countries targeted to receive serves of the previous month, resulting in a tered the homeless, but he also shel- aid from the Gore program do indeed get net gain of $150 million per year in interest. tered those who had homes but dared their economic policies in order. Then it However, it is more than coincidental that not go to them. During the dark days does make sense to reduce their foreign debt, the month before this announcement, the allowing them to improve their economic lot Australian dollar was worth 75.4 cents, but it of Chile’s recent history, when the instead of being permanently saddled with then started to fall steadily to a level of 58.9 flame of democracy was nearly extin- debts that, for practical purposes, can never cents a year later. guished, and the noble concepts of free- be repaid. But why raise this money through Thus in the year following the announce- dom and human rights considered sub- IMF gold sales? ment of goal sales, the Australian dollar lost versive ideas by those in power, this The cheap, cynical answer is this method 20 percent of its value. As a result, Aus- courageous man of God would not be si- doesn’t require an actual outlay of U.S. tralian consumers had to pay an additional lent. funds, so it doesn’t appear in the budget. $10 billion per year for imported goods, al- Now, God has called home his good However, cheap tricks like that are precisely most 70 times the $150 million in interest the reason so many voters have come to dis- and faithful servant, and we under- earned from interest-bearing securities pur- stand that. Only God could still that trust their elected officials. If reducing chased with the money generated from the Third World debt is worth doing, let’s debate sale of gold reserves. strong and powerful voice. His enemies the issue, vote on it, and pay for it, not dis- The Canadian economy was also damaged may have hoped to silence him through guise it in some underhanded way that the by the decision of the central bank to sell 85 all those years, but they dared not. average voter won’t notice. percent of its gold reserves since the early I first meet the Cardinal in the 1970’s, Yet there is a deeper, more important rea- 1980s. The sharp decline in the value of the shortly after the coup that stifled de- son. Selling gold often degrades economic Canadian dollar relative to the U.S. dollar mocracy in Chile. He had come to performance. Most countries that have re- also led to a lack of investment opportuni- Washington, and I had been holding sorted to gold sales have found their cur- ties by local firms and a substantial rise in rency has depreciated, their real growth rate hearings here in the Senate, year after the unemployment rate. Indeed, before the year, to try to shine some sunlight into has declined and their unemployment rate gold sales, the Canadian unemployment rate has risen relative to countries that did not tracked the U.S. unemployment rate closely; the darkness of the human rights sell gold. in recent years, it has been about 5 percent abuses in his land. He asked if we could Now that the inflation rate has remained higher. Canada paid a very high price for this meet privately, away from the glare of low in the United States, even with the econ- decision to sell gold and reduce the value of publicity, and we did so, at a friend’s omy at full employment, and the dollar has its currency. home. As we sat and drank tea, he strengthened, it has become fashionable to It is also worth mentioning that Russia spoke directly and intensely about proclaim that gold reserves are no longer sold most of its gold reserves shortly before needed to stabilize the price level and the human rights in his country, without the collapse of the ruble last summer. It is anger, and with insight and determina- value of the currency. In fact, there are likely that if Russia had not sold its gold, it many reasons why the inflation rate has re- tion. would not have been forced to devalue the In those years, he had created the mained so low, including a credible mone- ruble. Seldom has a decision to sell gold re- tary policy, the budget surplus, and the ben- serves been more ill-founded and untimely. Committee for Peace, an ecumenical eficial impact of rapid growth in technology. Thus the weight of the evidence clearly movement of Catholics, Protestants, However, the most important factor is the suggests that when central banks decide to and Jews dedicated to providing relief widespread realization that the U.S. govern- sell gold, the currencies of those countries to the victims of human rights abuses. ment is committed to keeping the rate of in- often depreciate and their economies suffer Later, defying the Pinochet regime, flation low and stable. Massive gold sales slower growth and rising unemployment, far he formed the Vicarage of Solidarity, would undermine that commitment. outweighing any small gain that might to provide legal assistance for the vic- In this regard, it is instructive to look occur from the return on interest-bearing se- back and see how the U.S. economy fared tims of the abuses, and to protect the curities. lawyers who championed their cause. during the last major round of gold sales. Given this track record, it seems remark- The IMF held several gold auctions from 1976 able that anyone, let alone the vice presi- Without the protective mantle of the through 1980. In the five 1976 auctions, the dent, would suggest weakening the current Cardinal and the Church, these organi- average price of gold was $122 per ounce. By stability in the U.S. economy by selling gold zations would almost surely have been the five 1980 auctions, the average price had and raising the expectations that inflation snuffed out. Because of him, many peo- risen to $581 ounce. was about to return—which would also result ple found the courage to speak out and Of course, one of the reasons gold prices in a degradation of current economic per- skyrocketed was that the rate of inflation in to continue the long battle for democ- formance. the United States surged, rising from 4.9 per- racy. If impoverished Third World nations can cent in 1976 to a peak of 13.3 percent in 1979. We met several more times over the demonstrate they have taken steps to put While one can argue that higher oil prices years. When I visited Chile in 1986, the their economic houses in order, fine. Let’s boosted inflation, the fact of the matter re- government refused to meet me. But reduce their foreign debt, just as the United mains that the inflation rate rose to 6.7 per- States has done for so many other foreign the people, led by the Cardinal, wel- cent in 1977 and 9.0 percent in 1978 before oil countries over the past 80 years. But having comed me, and I will never forget that prices started to increase. Furthermore, the made that commitment, there is absolutely inspiring and deeply moving reception. CPI for all items, excluding energy, also no reason to risk boosting the rate of infla- At another time and place, the poet moved up from 4.8 percent to 11.1 percent in tion and weakening economic performance Gabriela Mistral wrote about the wife 1979, and the continued rising to 11.7 percent by funding debt reduction with ill-advised in 1980. of a prisoner: How could a relatively modest amount of gold sales. From the house I grieve, to the fiery thim- gold sales have boosted inflation so much? f ble of his dungeon, I fly back and forth like a living shuttle, like one who knows no other Most economists now agree that inflation is TRIBUTE TO CARDINAL SILVA driven largely by expectations. If labor and path, until at last the walls open, and let me business believe fiscal and monetary policy Mr. KENNEDY. Mr. President, last pass through iron, pitch and mortar. will continue to fight inflation vigorously, week the hemisphere lost one of its The Cardinal heard the cry of women the inflation rate will remain low, as is in- greatest leaders on human rights with like that, and their men. Chile’s Am- deed the case today. Conversely, when the the death of Raul Cardinal Silva bassador to the U.S., Genaro government sends the unmistakable signal Henriquez of Chile. Arriagada, was one of those who, be- by selling gold that higher inflation is OK, The Cardinal was a great man, and cause of the Cardinal, found the cour- labor and business quickly raise wages and prices, and inflation is off to the races. one of the great voices for freedom and age to resist. His ‘‘No’’ campaign the Of course, the Carter administration did justice of our time and of all time. He 1980’s led finally to the shining mo- not come right out and say ‘‘we favor high was a brave and holy man whom many ment in the National Stadium in

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3775 Santiago in 1990. None of us who were income tax credits and paying the AMT Mr. Hearn said it best when he wrote, in the stadium that day will ever for- or forgoing the benefits of the credits ‘‘It seems quite unfair to me that a get it. and paying regular income tax. The couple under the age of thirty, who are President Aylwin had already accept- AMT is threatening to prevent millions trying to build an agricultural business ed the sash of office, a symbol of the of middle-income families from receiv- in addition to working for a living restoration of freedom and democracy ing these valuable family tax credits would have to pay alternative min- that so many, including the Cardinal, such as the dependant care credit, the imum tax when individuals who make had worked for so long and so well to credit for the elderly and disabled, the hundreds of thousands of dollars are achieve. adoption credit, the child tax credit, still not paying alternative minimum In the stadium, which had been the and the HOPE scholarship. No one, rich tax.’’ darkest symbol of fear, imprisonment or poor, should be forced to pay the f and despair, a beautiful tribute oc- AMT, and higher rates, because they curred. A young girl walked across the use these credits. MESSAGES FROM THE PRESIDENT infield, while the great stadium score- Second, Mr. President, the AMT has A message from the President of the board scrolled the names of the dis- not been adjusted for inflation since United States was communicated to appeared. Their families danced to a 1993. This problem simply speaks for the Senate by Mr. Williams, one of his song about freedom in Chile. When itself. While the cost of living has in- secretaries. President Aylwin spoke at sunset, creased by approximately 43% since the EXECUTIVE MESSAGES REFERRED thousands of candles burned, and fire- tax code was last overhauled in 1986, As in executive session the Presiding works lighted up the sky above the ju- the AMT has been adjusted only once Officer laid before the Senate messages bilant crowd. The celebration lasted for by 12.5% in 1993. It is an inevitability from the President of the United hours—and it continues to this day. that middle-income families will be States submitting sundry nominations Many profiles in courage made that drawn into the AMT if nothing is done which were referred to the appropriate glorious day possible. But no one did to adjust a tax provision that is struc- committees. more to make it possible than that tured like the AMT. It is very impor- (The nominations received today are strong, brave man of God, our friend, tant that this problem be addressed printed at the end of the Senate pro- Raul Cardinal Silva Henriquez. May he and I am happy that Senator LUGAR ceedings.) rest in eternal peace. has brought this issue to the forefront f f of debate with his bill which would index the AMT beginning in 1993. MESSAGES FROM THE HOUSE THE ALTERNATIVE MINIMUM TAX We can do a great favor to ourselves At 11:57 a.m., a message from the Mrs. LINCOLN. Mr. President, today and our constituents this legislative House of Representatives, delivered by I rise to reiterate to my colleagues the session by fixing the AMT. Many fami- Mr. Hays, one of its reading clerks, an- need for immediate reform in the Al- lies are not aware of the AMT. Most, nounced that the House has passed the ternative Minimum Tax. This tax, I’m sure don’t realize that soon they following bills, in which it requests the which was created to stop the very may be subject to the AMT and its concurrence of the Senate: wealthy from ducking taxes through higher rates. I promise, however, that H.R. 472. An act to amend title 13, United exemptions and tax shelters, looms in if we do not fix the AMT now there are States Code, to require the use of postcensus the future of millions of unwitting 12 million people out there that will let local review as part of each decennial census. American taxpayers. Economists from you know in the coming years. 12 mil- ENROLLED BILLS SIGNED the Treasury Department and else- lion people, 45% of which earning less The message also announced that the where state that perhaps 12 million than $75,000 in adjusted gross income. Speaker has signed the following en- American taxpayers will be subject to One-million-four-hundred-and-forty- rolled bills: the Alternative Minimum Tax and its thousand Americans earning between H.R. 440. An act to make technical correc- higher rates over the next 10 years. $30,000 and $50,000 will be contacting tions to the Microloan Program. Now these people, these 12 million, their representatives in Washington in S. 338. An act to authorize the establish- these are not millionaires, they are the coming years to ask, ‘‘how can you ment of a disaster mitigation pilot program mainstream people. According to the people possibly consider me wealthy in the Small Business Administration. Treasury Department if we do nothing enough to pay a special tax for the The enrolled bills were signed subse- to change the AMT there will be a 638% wealthy?’’ They will ask, ‘‘why am I quently by the President pro tempore increase in the number of taxpayers being punished for applying these tax (Mr. THURMOND). earning between $15,000 and $30,000 who credits that you gave me.’’ will pay the AMT’s higher rates. By While the bulk of the bulk of the At 4:28 p.m., a message from the 2008, 12% of the taxpayers paying the middle-income AMT damage can be House of Representatives, delivered by AMT will be earning between $30,000 abated by Congressional action now, Mr. Hays, one of its reading clerks, an- and $50,000, 29% will be earners of the AMT is already starting to take its nounced that the House has passed the $50,000 to $75,000. By 2008, 45% of people toll on a handful of middle-income vot- following bill, in which it requests the paying the AMT, a tax created for the ers. I received a letter from an ac- concurrence of the Senate: very wealthy, will have Adjusted Gross countant in the northwest Arkansas H.R. 1376. An act to extend the tax benefits Incomes of less than $75,000. If this town of Harrison. Jeff Hearn, who has available with respect to services performed alone is not enough to alarm this body impeccable professional credentials in a combat zone to services performed in the Federal Republic of Yugoslavia (Serbia/ perhaps we should consider the fact and who I understand to be a very well- Montenegro) and certain other areas, and for that an estimated 2000 families making respected practitioner among his peers, other purposes. wrote me about the AMT plight of one over $200,000 will not pay one red cent f in taxes this year. This is an unfair, of his clients. He wrote, ‘‘Please find unjustified, and inaction by this body enclosed the description of one of my MEASURES REFERRED is unreasonable. The AMT is out of clients who is a young aspiring farmer The following bills were read the first sync with its purpose and it must be with chicken houses in northwest Ar- and second times by unanimous con- changed. kansas . . . He and his wife have two sent and referred as indicated: There are two major factors that beautiful children who both qualify for H.R. 472. An act to amend title 13, United have brought the AMT into the lives of the new child tax credit this year . . . States Code, to require the use of postcensus middle-income taxpayers—first, tax However, when their return was com- local review as part of each decennial census; credits created to help families and pleted they were subject to alternative to the Committee on Governmental Affairs. aimed at promoting education and minimum tax.’’ Apparently this family The following bill was by unanimous community are considered to be pref- was forced into paying AMT due to a consent referred to the Committee on erences in terms of AMT determina- combination of the new child tax credit Environment and Public Works: tion. This means that many taxpayers and excess depreciation arising from S. 754. A bill to designate the Federal must choose between applying middle- their budding farm operation. I believe building at 310 New Bern Avenue in Raleigh,

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3776 CONGRESSIONAL RECORD — SENATE April 15, 1999 North Carolina, as the ‘‘Terry Sanford Fed- eral facilities, to ensure adequate child care S. 822. A bill to amend the Internal Rev- eral Building.’’ subsidies for low-income working families, enue Code of 1986 to impose a flat tax only on The Committee on Health, Edu- and for other purposes; to the Committee on individual taxable earned income and busi- cation, Labor, and Pensions was dis- Finance. ness taxable income, and for other purposes; By Mr. JEFFORDS (for himself, Ms. to the Committee on Finance. charged from the further consideration LANDRIEU, Mr. DODD, and Mr. KOHL): By Mr. HARKIN (for himself and Mr. of the following measure which was re- S. 811. A bill to amend the Internal Rev- DURBIN): ferred to the Committee on the Judici- enue Code of 1986 to expand alternatives for S. 823. A bill to establish a program to as- ary: families with children, to establish incen- sure the safety of processed produce intended S. 302. A bill for the relief of Kerantha tives to improve the quality and supply of for human consumption, and for other pur- Poole-Christian. child care, and for other purposes; to the poses; to the Committee on Agriculture, Nu- Committee on Finance. trition, and Forestry. f By Mr. JEFFORDS (for himself, Mr. By Mr. KERRY (for himself, Mr. SMITH ENROLLED BILL PRESENTED DODD, and Ms. LANDRIEU): of Oregon, Mr. CHAFEE, Mr. CLELAND, S. 812. A bill to provide for the construc- Ms. SNOWE, Mr. BAYH, Ms. COLLINS, The Secretary of the Senate reported tion and renovation of child care facilities, Mr. KENNEDY, Mr. LEVIN, Mr. that on April 15, 1999, he had presented and for other purposes; to the Committee on EDWARDS, Mrs. MURRAY, and Mr. to the President of the United States, Banking, Housing, and Urban Affairs. BRYAN): the following enrolled bill: By Mr. JEFFORDS (for himself, Ms. S. 824. A bill to improve educational sys- S. 388. An act to authorize the establish- LANDRIEU, Mr. DODD, Mr. SARBANES, tems and facilities to better educate stu- ment of a disaster mitigation pilot program and Mr. KENNEDY): dents throughout the United States; to the in the Small Business Administration. S. 813. A bill to ensure the safety of chil- Committee on Health, Education, Labor, and dren placed in child care centers in Federal Pensions. f facilities, and for other purposes; to the By Mr. DURBIN (for himself and Mr. INTRODUCTION OF BILLS AND Committee on Governmental Affairs. SCHUMER): JOINT RESOLUTIONS By Mr. JEFFORDS (for himself, Mr. S. 825. A bill to amend the Internal Rev- DODD, Ms. LANDRIEU, and Mr. KEN- enue Code of 1986 to allow small business em- The following bills and joint resolu- NEDY): ployers a credit against income tax for em- tions were introduced, read the first S. 814. A bill to establish incentives to im- ployee health insurance expenses paid or in- and second time by unanimous con- prove the quality and supply of child care curred by the employer; to the Committee on sent, and referred as indicated: providers, to expand youth development op- Finance. portunities, to ensure adequate child care By Mr. ROTH (for himself, Mr. BIDEN, By Mr. DURBIN (for himself, Mr. subsidies for low-income working families, DEWINE, Mr. KENNEDY, and Mr. SCHU- Mr. HELMS, Mr. STEVENS, Mr. SPEC- and for other purposes; to the Committee on TER, Mr. THURMOND, Mr. ENZI, Mr. MER): Health, Education, Labor, and Pensions. S. 805. A bill to amend title V of the Social COCHRAN, Mr. MURKOWSKI, Mr. ABRA- By Mr. ROTH (for himself, Mr. JEF- Security Act to provide for the establish- HAM, Mr. CRAIG, Mr. DOMENICI, Mr. FORDS, Mr. COVERDELL, Mr. HELMS, ment and operation of asthma treatment DURBIN, Mr. KENNEDY, Mr. KERRY, Mr. ROBB, Ms. MIKULSKI, Mr. BIDEN, services for children, and for other purposes; Mr. KYL, Mr. HOLLINGS, Mr. SMITH of Mr. SESSIONS, Mr. HUTCHINSON, Mr. to the Committee on Finance. New Hampshire, Ms. COLLINS, Ms. SARBANES, Mr. LEAHY, Mr. GRAMS, By Mr. ASHCROFT (for himself, Mrs. LANDRIEU, Mr. VOINOVICH, and Mr. Mr. SHELBY, Mr. MCCONNELL, and Mr. HUTCHISON, Mr. INHOFE, and Mr. KYL): DEWINE): HARKIN): S. 806. A bill to amend the Internal Rev- S.J. Res. 19. A joint resolution requesting S. 815. A bill to amend the Internal Rev- the President to advance the late Rear Ad- enue Code of 1986 to reduce the 15 percent in- enue Code of 1986 to extend the credit for dividual income tax rate to 10 percent over 5 miral Husband E. Kimmel on the retired list producing electricity from certain renewable of the Navy to the highest grade held as years, to provide that married couples may resources; to the Committee on Finance. file a combined return under which each Commander in Chief, United States Fleet, By Mr. DORGAN: during World War II, and to advance the late spouse is taxed using the rates applicable to S. 816. A bill to amend section 3681 of title Major General Walter C. Short on the retired unmarried individuals, and for other pur- 18, United States Code, relating to the spe- list of the Army to the highest grade held as poses; to the Committee on Finance. cial forfeiture of collateral profits of a Commanding General, Hawaiian Depart- By Mr. ASHCROFT: crime; to the Committee on the Judiciary. ment, during World War II, as was done S. 807. A bill to amend the Internal Rev- By Mrs. BOXER: under the Officer Personnel Act of 1947 for enue Code of 1986 to allow a deduction for the S. 817. A bill to improve academic and so- all other senior officers who served in posi- old-age, survivors, and disability insurance cial outcomes for students and reduce both tions of command during World War II, and taxes paid by employees and self-employed juvenile crime and the risk that youth will for other purposes; to the Committee on individuals, and for other purposes; to the become victims of crime by providing pro- Armed Services. Committee on Finance. ductive activities during after school hours; By Mr. JEFFORDS (for himself and to the Committee on Health, Education, f Mr. CHAFEE): Labor, and Pensions. S. 808. A bill to amend the Internal Rev- By Mr. DEWINE (for himself and Mr. SUBMISSION OF CONCURRENT AND enue Code of 1986 to provide tax incentives REID): SENATE RESOLUTIONS for land sales for conservation purposes; to S. 818. A bill to require the Secretary of The following concurrent resolutions the Committee on Finance. Health and Human Services to conduct a and Senate resolutions were read, and By Mr. BURNS (for himself and Mr. study of the mortality and adverse outcome WYDEN): rates of medicare patients related to the pro- referred (or acted upon), as indicated: S. 809. A bill to require the Federal Trade vision of anesthesia services; to the Com- By Mr. DODD (for himself and Mr. LIE- Commission to prescribe regulations to pro- mittee on Finance. BERMAN): tect the privacy of personal information col- By Mr. GRAHAM (for himself and Mr. S. Res. 77. A resolution commending and lected from and about private individuals REID): congratulating the University of Con- who are not covered by the Children’s Online S. 819. A bill to provide funding for the Na- necticut Huskies for winning the 1999 NCAA Privacy Protection Act of 1998 on the Inter- tional Park System from outer Continental Men’s Basketball Championship; considered net, to provide greater individual control Shelf revenues; to the Committee on Energy and agreed to. over the collection and use of that informa- and Natural Resources. By Mr. LOTT (for himself and Mr. tion, and for other purposes; to the Com- By Mr. CHAFEE (for himself, Mr. DASCHLE): mittee on Commerce, Science, and Transpor- BREAUX, and Mr. JEFFORDS): S. Res. 78. A resolution to authorize rep- tation. S. 820. A bill to amend the Internal Rev- resentation of members and officers of the By Mr. JEFFORDS (for himself, Mr. enue Code of 1986 to repeal the 4.3-cent motor Senate in the case of Jim Russell v. Albert DODD, Ms. LANDRIEU, Mr. KENNEDY, fuel excise taxes on railroads and inland wa- Gore, et al. and Mr. KOHL): terway transportation which remain in the By Mr. LOTT: S. 810. A bill to amend the Internal Rev- general fund of the Treasury; to the Com- S. Res. 79. A resolution designating the enue Code of 1986 to expand alternatives for mittee on Finance. Chairman of the Joint Economic Committee families with children, to establish incen- By Mr. LAUTENBERG (for himself, for the 106th Congress; considered and agreed tives to improve the quality and supply of Mr. FEINGOLD, Mr. KENNEDY, and Mr. to. child care, to increase the availability and TORRICELLI): By Mr. COVERDELL (for himself and affordability of professional development for S. 821. A bill to provide for the collection Mr. CLELAND): child care providers, to expand youth devel- of data on traffick stops; to the Committee S. Res. 80. A resolution congratulating opment opportunities, to ensure the safety of on the Judiciary. Boyd Clines, Larry Rogers, and Matt children placed in child care centers in Fed- By Mr. SPECTER: Moseley for their bravery and courage in the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3777 April 12, 1999, rescue mission of Mr. Ivers preventive programs. The funds are were 10.9 per 10,000 visits for whites and 35.5 Sims; considered and agreed to. targeted to areas where childhood asth- per 10,000 visits for blacks. By Mr. ASHCROFT: ma and asthma-associated mortality (6) From 1979 to 1992, the hospitalization S. Con. Res. 26. A concurrent resolution ex- rates among children due to asthma in- pressing the sense of the Congress that the rates are high. This will enable those areas with the most need to provide creased 74 percent. current Federal income tax deduction for in- (7) It is estimated that more than 7 percent terest paid on debt secured by a first or sec- services that reduce emergency room of children now have asthma. ond home should not be further restricted; to visits, create healthier environments, (8) Although asthma can occur at any age, the Committee on Finance. reduce mortality rates from asthma, about 80 percent of the children who will de- f and provide overall improved quality of velop asthma do so before starting school. life. The bill also helps enroll eligible (9) From 1980 to 1994, the most substantial STATEMENTS ON INTRODUCED asthmatic children in Medicaid or prevalence rate increase for asthma occurred BILLS AND JOINT RESOLUTIONS State Children’s Health Insurance Pro- among children aged 0-4 years (160 percent) By Mr. DURBIN (for himself, Mr. grams (S–CHIP). Furthermore, the bill and persons aged 5-14 years (74 percent). DEWINE, Mr. KENNEDY, and Mr. provides additional funding for S–CHIP (10) Asthma is the most common chronic SCHUMER): to incorporate asthma screening, treat- illness in childhood, afflicting nearly S. 805. A bill to amend title V of the 5,000,000 children under age 18, and costing an ment, and education in to their pro- estimated $1,900,000,000 to treat those chil- Social Security Act to provide for the grams. establishment and operation of asthma dren. The death rate for children age 19 and The bill coordinates Federal asthma younger increased by 78 percent between 1980 treatment services for children, and for activities through the National Asth- and 1993. other purposes; to the Committee on ma Education Prevention Program Co- (11) Children aged 0 to 5 years who are ex- Finance. ordinating Committee, and increases posed to maternal smoking are 201 times THE CHILDREN’S ASTHMA RELIEF ACT OF 1999 data collection by the CDC on preva- more likely to develop asthma compared Mr. DURBIN. Mr. President, I rise lence and mortality associated with with those free from exposure. today to make a few remarks con- asthma. These efforts will help link pa- (12) Morbidity and mortality related to childhood asthma are disproportionately cerning a bill that Senator DEWINE and tients to effective treatments and dis- I are introducing today that we hope high in urban areas. seminate new breakthroughs in asthma (13) Minority children living in urban areas will improve the lives of many of the treatment. are especially vulnerable to asthma. In 1988, nation’s asthmatic children. This bill has been endorsed by the national prevalence rates were 26 percent Asthma is one of the most common National Association of Children’s Hos- higher for black children than for white chil- chronic conditions in the U.S., affect- pitals and Research Institutions, the dren. ing an estimated 14.9 million people, American Lung Association, the Amer- (14) Certain pests known to create public causing over 1.5 million emergency de- ican Academy of Pediatrics, and the health problems occur and proliferate at partment visits and over 5,500 deaths in Association of Maternal and Child higher rates in urban areas. These pests may 1995, and estimated to cost over $14.5 Health Programs. spread infectious disease and contribute to billion by the year 2000. Asthma deaths the worsening of chronic respiratory ill- I hope that many of my colleagues nesses, including asthma. have tripled over the past two decades will join me in supporting this bill. No- (15) Research supported by the National In- despite improvements in clinical treat- body should die from asthma. Treat- stitutes of Health demonstrated that the ment. ments are available. Let us make sure combination of cockroach allergen, house Asthma is considered the worst that every child in America that suf- dust mites, molds, tobacco smoke, and feath- chronic health problem affecting chil- fers from asthma has access to those ers are important causes of asthma-related dren. Childhood asthma has dramati- treatments. illness and hospitalization among children in cally increased by over 160 percent I ask unanimous consent that a copy inner-city areas of the United States. (16) Cities outside the United States have since 1980. Currently, 7 percent of the of the bill be inserted in the RECORD. nation’s children suffer from asthma. There being no objection, the bill was developed and implemented effective sys- It is particularly prevalent among the tems of cockroach management. ordered to be printed, in the RECORD, as (17) Integrated pest management is a cost- urban poor because of the lack of ac- follows: effective approach to pest control that em- cessible health care and the high num- S. 805 phasizes prevention and uses a range of tech- ber of allergens in the environment. Be it enacted by the Senate and House of Rep- niques, including property maintenance and Research supported by the National In- resentatives of the United States of America in cleaning, and pesticides as a means of last stitutes of Health demonstrated that Congress assembled, resort. the combination of cockroach allergen, SECTION 1. SHORT TITLE. (18) Reducing exposure to cockroach aller- house dust mites, molds, tobacco This Act may be cited as the ‘‘Children’s gen, as part of an integrated approach to smoke, and feathers are important Asthma Relief Act of 1999’’. asthma management, may be a cost-effective causes of asthma-related illness and SEC. 2. FINDINGS. way of reducing the social and economic costs of the disease. hospitalization among the children in (a) FINDINGS.—Congress makes the fol- lowing findings: (19) No current Federal funding exists spe- inner-city areas of the United States. cifically to assist cities in developing and To combat asthma, innovative com- (1) Asthma is one of the Nation’s most common and costly diseases. It affects an es- implementing integrated strategies to re- munity-based programs have been de- timated 14,000,000 to 15,000,000 individuals in duce cockroach infestation. veloped in some areas to fight this the United States, including almost 5,000,000 (20) Asthma is the most common cause of growing public health problem. For ex- children. school absenteeism due to chronic illness ample, in Los Angeles the Asthma and (2) Asthma is often a chronic illness that is with 10,100,000 days missed from school per Allergy Foundation has set up two treatable with ambulatory care, but over 43 year in the United States. ‘‘breathmobiles.’’ The converted motor percent of its economic impact comes from (21) According to a 1995 National Institute homes, staffed by doctors and nurses, use of emergency rooms, hospitalization, and of Health workshop report, missed school days accounted for an estimated cost of lost visit schools to test, treat, and educate death. (3) In Illinois, the mortality rate for blacks productivity for parents of children with at-risk children. Since the program from asthma is the highest in the nation asthma of almost $1,000,000,000 per year. began two years ago, there has been a with 60.8 deaths per every 1,000,000 popu- (22) According to data from the 1988 Na- 17 percent decline in the number of lation. In Ohio, the mortality rate for blacks tional Health Interview Survey (NHIS), children visiting emergency rooms for from asthma is 32.2 per 1,000,000 population which surveyed children for their health ex- asthma. and the mortality rate for whites from asth- periences over a 12-month period, 25 percent Today, I am introducing with Sen- ma is 11.7 per 1,000,000. of those children reported experiencing a ator DEWINE ‘‘The Childhood Asthma (4) In 1995, there were more than 1,800,000 great deal of pain or discomfort due to asth- Initiative’’ to help more communities emergency room visits made for asthma-re- ma either often or all the time during the previous 12 months. create childhood asthma programs tai- lated attacks and among these, the rate for emergency room visits was 48.8 per 10,000 vis- (23) Managing asthma requires a long- lored to meet their local needs. This its among whites and 228.9 per 10,000 visits term, multifaceted approach, including pa- bill funds grants for state and commu- among blacks. tient education, behavior changes, avoidance nity-based organizations to support a (5) Hospitalization rates were highest for of asthma triggers, pharmacologic therapy, variety of treatment, educational, or individuals 4 years old and younger, and and frequent medical follow-up.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3778 CONGRESSIONAL RECORD — SENATE April 15, 1999 (24) Enhancing the available prevention, asthma or high asthma-related mortality SEC. 4. INCORPORATION OF ASTHMA PREVEN- educational, research, and treatment re- may include data from Federal, State, or TION TREATMENT AND SERVICES sources with respect to asthma in the United local vital statistics, title XIX or XXI claims INTO STATE CHILDREN’S HEALTH INSURANCE PROGRAMS. States will allow our Nation to address more data, other public health statistics or sur- (a) IN GENERAL.—The Secretary of Health effectively the problems associated with this veys, or other data that the Secretary, in and Human Services shall, in accordance increasing threat to the health and well- consultation with the Director of the Cen- with subsection (b), carry out a program to being of our citizens. ters for Disease Control and Prevention, encourage States to implement plans to SEC. 3. CHILDREN’S ASTHMA RELIEF. deems appropriate. carry out activities to assist children with Title V of the Social Security Act (42 ‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In respect to asthma in accordance with guide- U.S.C. 701 et seq.) is amended by adding at this section, the term ‘eligible entity’ means lines of the National Asthma Education and the end the following: a State agency or other entity receiving Prevention Program (NAEPP) and the Na- ‘‘SEC. 511. ASTHMA TREATMENT GRANTS PRO- funds under this title, a local community, a tional Heart, Lung and Blood Institute. GRAM. nonprofit children’s hospital or foundation, (b) RELATION TO CHILDREN’S HEALTH INSUR- ‘‘(a) PURPOSES.—The purposes of this sec- or a nonprofit community-based organiza- ANCE PROGRAM.— tion are as follows: tion. (1) IN GENERAL.—Subject to paragraph (2), ‘‘(1) To provide access to quality medical ‘‘(c) COORDINATION WITH OTHER CHILDREN’S if a State child health plan under title XXI care for children who live in areas that have PROGRAMS.—An eligible entity shall identify of the Social Security Act (42 U.S.C. 1397aa a high prevalence of asthma and who lack in the plan submitted as part of an applica- et seq.) provides for activities described in subsection (a) to an extent satisfactory to access to medical care. tion for a grant under this section how the the Secretary, the Secretary shall, with ‘‘(2) To provide on-site education to par- entity will coordinate operations and activi- amounts appropriated under subsection (c), ents, children, health care providers, and ties under the grant with— medical teams to recognize the signs and make a grant to the State involved to assist ‘‘(1) other programs operated in the State the State in carrying out such activities. symptoms of asthma, and to train them in that serve children with asthma, including (2) CRITERIA REGARDING ELIGIBILITY FOR the use of medications to prevent and treat any such programs operated under this title, asthma. GRANT.—The Secretary shall publish in the title XIX, and title XXI; and Federal Register criteria describing the cir- ‘‘(3) To decrease preventable trips to the ‘‘(2) one or more of the following— emergency room by making medication cumstances in which the Secretary will con- ‘‘(A) the child welfare and foster care and sider a State plan to be satisfactory for pur- available to individuals who have not pre- adoption assistance programs under parts B viously had access to treatment or education poses of paragraph (1). and E of title IV; (3) REQUIREMENT OF MATCHING FUNDS.— in the prevention of asthma. ‘‘(B) the head start program established ‘‘(4) To provide other services, such as (A) IN GENERAL.—With respect to the costs under the Head Start Act (42 U.S.C. 9831 et of the activities to be carried out by a State smoking cessation programs, home modifica- seq.); tion, and other direct and support services pursuant to paragraph (1), the Secretary ‘‘(C) the program of assistance under the may make a grant under such paragraph that ameliorate conditions that exacerbate special supplemental nutrition program for or induce asthma. only if the State agrees to make available women, infants and children (WIC) under sec- (directly or through donations from public or ‘‘(b) AUTHORITY TO MAKE GRANTS.— tion 17 of the Child Nutrition Act of 1966 (42 ‘‘(1) IN GENERAL.—In addition to any other private entities) non-Federal contributions U.S.C. 1786); toward such costs in an amount that is not payments made under this title, the Sec- ‘‘(D) local public and private elementary or retary shall award grants to eligible entities less than 15 percent of the costs. secondary schools; or (B) DETERMINATION OF AMOUNT CONTRIB- to carry out the purposes of this section, in- ‘‘(E) public housing agencies, as defined in cluding grants that are designed to develop UTED.—Non-Federal contributions required section 3 of the United States Housing Act of in subparagraph (A) may be in cash or in and expand projects to— 1937 (42 U.S.C. 1437a). ‘‘(A) provide comprehensive asthma serv- kind, fairly evaluated, including equipment ices to children, including access to care and ‘‘(d) EVALUATION.—An eligible entity that or services. Amounts provided by the Federal treatment for asthma in a community-based receives a grant under this section shall sub- Government, or services assisted or sub- setting; mit to the Secretary an evaluation of the op- sidized to any significant extent by the Fed- ‘‘(B) fully equip mobile health care clinics erations and activities carried out under the eral Government, may not be included in de- that provide preventive asthma care includ- grant that includes— termining the amount of such non-Federal ing diagnosis, physical examinations, phar- ‘‘(1) a description of the health status out- contributions. macological therapy, skin testing, peak flow comes of children assisted under the grant; (4) TECHNICAL ASSISTANCE.—With respect to meter testing, and other asthma-related ‘‘(2) an assessment of the utilization of State child health plans under title XXI of health care services; asthma-related health care services as a re- the Social Security Act (42 U.S.C. 1397aa et ‘‘(C) conduct study validated asthma man- sult of activities carried out under the grant; seq.), the Secretary, acting through the Di- agement education programs for patients ‘‘(3) the collection, analysis, and reporting rector of the Centers for Disease Control and with asthma and their families, including pa- of asthma data according to guidelines pre- Prevention, in consultation with the heads tient education regarding asthma manage- scribed by the Director of the Centers for of other Federal agencies involved in asthma ment, family education on asthma manage- Disease Control and Prevention; and treatment and prevention, shall make avail- ment, and the distribution of materials, in- ‘‘(4) such other information as the Sec- able to the States technical assistance in de- cluding displays and videos, to reinforce con- retary may require. veloping the provision of such plans that will cepts presented by medical teams; and provide for activities pursuant to paragraph ‘‘(e) APPLICATION OF OTHER PROVISIONS OF ‘‘(D) identify eligible children for the med- (1). TITLE.— icaid program under title XIX, the State (c) FUNDING.—For the purpose of carrying ‘‘(1) IN GENERAL.—Except as provided in out this section, there is authorized to be ap- Children’s Health Insurance Program under paragraph (2), the other provisions of this propriated $5,000,000 for each of the fiscal title XXI, or other children’s health pro- title shall not apply to a grant made under years 2000 through 2004. grams. this section. SEC. 5. PREVENTIVE HEALTH AND HEALTH SERV- ‘‘(2) AWARD OF GRANTS.— ‘‘(2) EXCEPTIONS.—The following provisions ICES BLOCK GRANT; SYSTEMS FOR ‘‘(A) APPLICATION.— of this title shall apply to a grant made REDUCING ASTHMA AND ASTHMA- ‘‘(i) IN GENERAL.—An eligible entity shall under this section to the same extent and in RELATED ILLNESSES THROUGH submit an application to the Secretary for a the same manner as such provisions apply to URBAN COCKROACH MANAGEMENT. grant under this section in such form and allotments made under section 502(c): Section 1904(a)(1) of the Public Health manner as the Secretary may require. ‘‘(A) Section 504(b)(4) (relating to expendi- Service Act (42 U.S.C. 300w–3(a)(1)) is amend- ‘‘(ii) REQUIRED INFORMATION.—An applica- ed— tures of funds as a condition of receipt of tion submitted under this subparagraph shall (1) by redesignating subparagraphs (E) and Federal funds). include a plan for the use of funds awarded (F) as subparagraphs (F) and (G), respec- ‘‘(B) Section 504(b)(6) (relating to prohibi- under the grant and such other information tively; tion on payments to excluded individuals as the Secretary may require. (2) by adding a period at the end of sub- and entities). ‘‘(B) REQUIREMENT.—In awarding grants paragraph (G) (as so redesignated); ‘‘(C) Section 506 (relating to reports and under this section, the Secretary shall give (3) by inserting after subparagraph (D), the audits, but only to the extent determined by preference to eligible entities that dem- following: the Secretary to be appropriate for grants onstrate that the activities to be carried out ‘‘(E) The establishment, operation, and co- made under this section). under this section shall be in localities with- ordination of effective and cost-efficient sys- ‘‘(D) Section 508 (relating to non- in areas of known high prevalence of child- tems to reduce the prevalence of asthma and discrimination). hood asthma or high asthma-related mor- asthma-related illnesses among urban popu- tality (relative to the average asthma inci- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— lations, especially children, by reducing the dence rates and associated mortality rates in There are authorized to be appropriated to level of exposure to cockroach allergen the United States). Acceptable data sets to carry out this section $50,000,000 for each of through the use of integrated pest manage- demonstrate a high prevalence of childhood the fiscal years 2000 through 2004.’’. ment, as applied to cockroaches. Amounts

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3779 expended for such systems may include the (b) COLLABORATIVE EFFORTS.—The activi- Since research shows that children costs of structural rehabilitation of housing, ties described in subsection (a)(1) may be living in urban areas suffer from asth- public schools, and other public facilities to conducted in collaboration with eligible en- ma at such alarming rates and that al- reduce cockroach infestation, the costs of tities awarded a grant under section 511 of lergens such as cockroach waste con- building maintenance, and the costs of pro- the Social Security Act (as added by section grams to promote community participation 3). tribute to the onset of asthma, this bill adds urban cockroach management to in the carrying out at such sites integrated Mr. DEWINE. Mr. President, today I the current preventive health services pest management, as applied to cockroaches. join with my colleague, Senator DUR- For purposes of this subparagraph, the term block grant which can currently be BIN, in introducing the ‘‘Children’s ‘integrated pest management’ means an ap- used for rodent control. To reduce Asthma Relief Act of 1999.’’ This bill proach to the management of pests in public roach allergens, this block grant could would authorize $50 million for each of facilities that minimizes or avoids the use of be used to cover the costs of structural 5 years for the Secretary of Health and pesticide chemicals through a combination rehabilitation of public housing, Human Services to award grants to eli- of appropriate practices regarding the main- schools, and other public facilities to tenance, cleaning, and monitoring of such gible entities to develop and expand control roach infestation, while mini- sites.’’; projects to provide asthma services to mizing or avoiding the use of pes- (4) in subparagraph (F) (as so redesig- children. These grants may also be ticides. nated), by striking ‘‘subparagraphs (A) used to equip mobile health care clin- This bill would require that NIH give through (D)’’ and inserting ‘‘subparagraphs ics that provide asthma diagnosis and (A) through (E)’’; and the National Asthma Education Pre- asthma-related health care services, (5) in subparagraph (G) (as so redesig- vention Program (within NIH) an addi- educate families on asthma manage- nated), by striking ‘‘subparagraphs (A) tional $5 million for each of 5 years to ment, and identify and enroll unin- through (E)’’ and inserting ‘‘subparagraphs develop a federal plan for responding to sured children who are eligible for but (A) through (F)’’. asthma and to submit recommenda- not receiving health coverage under SEC. 6. COORDINATION OF FEDERAL ACTIVITIES tions to Congress on ways to strength- TO ADDRESS ASTHMA-RELATED Medicaid or the State Children’s en and better coordinate federal asth- HEALTH CARE NEEDS. Health Insurance Program (SCHIP). (a) IN GENERAL.—The Director of the Na- ma-related activities. tional Heart, Lung, and Blood Institute The ability to identify and enroll chil- To better monitor the prevalence and shall, through the National Asthma Edu- dren in these programs will ensure that determine which areas have the great- cation Prevention Program Coordinating children with asthma receive the care est incidences of children with asthma, Committee— they need. this bill would require CDC to conduct Research supported by the NIH has (1) identify all Federal programs that carry local asthma surveillance activities to out asthma-related activities; shown that the combination of cock- collect data on the prevalence and se- (2) develop, in consultation with appro- roach waste, house dust mites, molds, verity of asthma and to annually pub- priate Federal agencies and professional and tobacco smoke, and feathers (among lish data on the prevalence rates of voluntary health organizations, a Federal other allergens) contribute to asthma- asthma among children and on the plan for responding to asthma; and related illness and hospitalization. (3) not later than 12 months after the date childhood mortality rate. This surveil- Children living in urban areas are espe- of enactment of this Act, submit rec- lance data will help us better detect cially susceptible. ommendations to Congress on ways to asthmatic conditions so that more Asthma is the most common chronic strengthen and improve the coordination of children can be treated and we can en- illness that forces children to miss asthma-related activities of the Federal Gov- sure that we are targeting our re- ernment. school. From 1979 to 1992, the hos- sources in an effective and efficient (b) REPRESENTATION OF THE DEPARTMENT pitalization rates among children due way to reverse the disturbing trend in OF HOUSING AND URBAN DEVELOPMENT.—A to asthma increased 74 percent. Esti- the hospitalization and death rates of representative of the Department of Housing mates show that more than 7% of chil- and Urban Development shall be included on children who suffer from asthma. dren now suffer from asthma. Hos- the National Asthma Education Prevention Mr. President, I urge my colleagues pitalization rates were highest for indi- Program Coordinating Committee for the to support this very important initia- viduals 4 years old and younger. Ac- purpose of performing the tasks described in tive to help the nearly 5 million chil- cording to 1998 data from the Center subsection (a). dren who have been diagnosed with (c) AUTHORIZATION OF APPROPRIATIONS.— for Disease Control (CDC) my home asthma and to help those who suffer Out of any funds otherwise appropriated for state of Ohio ranks about 17th in the from asthma but who remain un- the National Institutes of Health, $5,000,000 estimated prevalence rates for asthma. treated. shall be made available to the National Nationwide, the most substantial prev- Asthma Education Prevention Program for the period of fiscal years 2000 through 2004 alence rate increase for asthma oc- By Mr. ASHCROFT (for himself, for the purpose of carrying out this section. curred among children aged 4 years old Mrs. HUTCHISON, Mr. INHOFE, Funds made available under this subsection and younger. and Mr. KYL): shall be in addition to any other funds appro- I believe that an important compo- S. 806. A bill to amend the Internal priated to the National Asthma Education nent of this bill is that it requires Revenue Code of 1986 to reduce the 15 Prevention Program for any fiscal year dur- those receiving grants to coordinate percent individual income tax rate to ing such period. with current children’s health pro- 10 percent over 5 years, to provide that SEC. 7. COMPILATION OF DATA BY THE CENTERS grams such as the Maternal and Child FOR DISEASE CONTROL AND PRE- married couples may file a combined VENTION. Health Program, Medicaid, the State return under which each spouse is (a) IN GENERAL.—The Director of the Cen- Children’s Health Insurance Program, taxed using the rates applicable to un- ters for Disease Control and Prevention, in supplemental nutrition programs, and married individuals, and for other pur- consultation with the National Asthma Edu- child welfare, foster care and adoption poses; to the Committee on Finance. cation Prevention Program Coordinating assistance programs. This type of co- Mr. ASHCROFT. Mr. President, on Committee, shall— ordination with other children’s pro- this April 15, I would like to raise the (1) conduct local asthma surveillance ac- grams will help to ensure not just a issue of tax freedom and fairness. The tivities to collect data on the prevalence and severity of asthma and the quality of asthma better targeting of funding, but also American people are paying over one- management, including— will help to identify children in these fifth of Gross Domestic Product in (A) telephone surveys to collect sample programs who are asthmatic and may taxes—the highest share of taxation household data on the local burden of asth- otherwise remain undetected and un- since World War II and the highest ma; and treated. peacetime levels in history. Too much (B) health care facility specific surveil- This bill would authorize $5 million of this burden falls on middle-income lance to collect asthma data on the preva- for each of 5 years for the Secretary of earners, who are struggling to juggle lence and severity of asthma, and on the HHS to award matching grants to the high tax burden with the more im- quality of asthma care; and states that develop plans to carry out (2) compile and annually publish data on— portant demands of their own families. (A) the prevalence of children suffering asthma-related programs for children It is for these hard-working Ameri- from asthma in each State; and according to NIH guidelines through cans that I am introducing the Tax- (B) the childhood mortality rate associated the state children’s health insurance payer Freedom and Fairness Act—leg- with asthma nationally and in each State. programs. islation that is designed to reduce the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3780 CONGRESSIONAL RECORD — SENATE April 15, 1999 tax burdens on lower and middle-in- This is fundamentally unfair. The tax sharp rise in federal payroll taxes. Pay- come taxpayers. This goal can be ac- code should not punish marriage, our roll taxes have increased 13.3 percent complished in two ways, through mar- society’s most basic and essential in- since 1949, and the maximum taxable ginal rate reductions for low and mid- stitution. income for payroll taxes have risen dle income earners, or by making the Under current law, two single tax- from $3,000 to $72,600.00 in the same pe- payroll tax deductible for individuals. payers, each earning $35,000 and claim- riod. As a result, almost three-quarters Those individuals and families on the ing standard deductions, will each pay of all families paying taxes pay more lower half of our income ladder need $4,558.50 in federal income tax. in Social Security taxes than they do and deserve tax relief and I am com- If those taxpayers marry each other, in income taxes. mitted to providing them that relief. the tax code would boost their com- In addition to their high rates, the Tax relief is necessary because many bined tax bill by $1,478 to $10,595. This payroll tax is also an unjust tax-on-a- middle-income earners are paying lev- almost $1,500 penalty is a serious dis- tax. When working Americans receive els of taxes that severely diminish incentive to middle-income couples their paychecks—their gross income— their ability to care for and support looking to get married. This disincen- they pay a variety of payroll taxes, their families. Under current law, sin- tive represents an unacceptable attack such as Social Security and Medicare, gle taxpayers will pay 15% on the first on the institution of marriage. This on that gross income. When they pay $25,750 of taxable income they earn. issue resonates particularly strongly in their income taxes, they pay on the Combining this with the 15% payroll Missouri. 1,052,518 out of 2,416,434 Mis- full amount of their paychecks, includ- tax, those earning under $26,000 are souri tax filers file joint returns. ing the payroll taxes previously with- paying 30% of taxable income to the The marriage penalty has been part held—money that they never saw and federal government. Those earning a of the tax code since 1969. Since then, that went straight to the government’s taxable income of $26,000 are by no the burden of the penalty has grown coffers. And to add insult to this in- means rich—and should not be taxed as enormously. In fact, the Joint Eco- jury, taxpayers’ employers are allowed if they were. nomic Committee estimates married to deduct their share of payroll taxes, Given the burden on workers, it is in- couples now pay $29 billion in taxes but the taxpayers themselves cannot. cumbent upon us to provide them with every year that they otherwise would This constitutes double taxation on tax relief. The Taxpayer Freedom and not have paid had they been single. It the wages of the American people. Fairness Act provides two ways to deal is time to abolish the marriage penalty First they pay the payroll taxes off with these unconscionably high tax and create a new day of freedom for their gross income, and then they are levels. The first is to provide these American families to keep more of the taxed on the amount of the gross in- lower and middle income earners with money they work so hard to earn. come, as if the payroll taxes had never real rate relief. I have proposed reduc- I have long advocated elimination of been taken away. ing the 15% tax rate to 10%. According the marriage penalty. In addition to It is because of these high rates and to Congress’ Joint Committee on Tax- the Taxpayer Freedom and Fairness this double-taxation that I am intro- ation, reducing the 15% income tax Act, I am also a co-sponsor of Senator ducing legislation to eliminate the un- rate to 10% over five years would pro- HUTCHISON’s bill to eliminate the mar- fair tax-on-a-tax, giving the American vide taxpayers with $980 billion in tax riage penalty. I also included the elimi- people the same tax benefits as their relief over the next decade. That means nation of the marriage penalty as a employers. Under my proposal, workers the average two-income family of four provision in my Fair Flat tax proposal. will be able to deduct the 6.2 percent of would save $2,200 annually. An indi- Eliminating the marriage penalty their paychecks taken by the govern- vidual with a taxable income of $25,000 should be one of the Senate’s top tax ment for Social Security taxes. This would save $1,250 annually once the priority for 1999. would provide much overdue tax relief rate reduction was fully in place. It is time to provide real tax relief to This is a tax cut designed primarily to middle class workers across the to benefit hard-working low- and mid- those who need it most. The middle country who get hit hardest by both dle-income Americans. Reducing the class should no longer have to pay 43% Social Security and income taxes. My rate from 15% to 10% would save the of incomes to the federal government. proposal would save the average two- average Missouri households $1,170. Married couples should no longer pay a income American family $1,770 a year This kind of tax relief is especially wel- penalty just for being married. The in taxes. come in Missouri, where, according to best ways to solve these problems are This relief is necessary because many the Tax Foundation, the burden of to reduce marginal tax rates and to middle-income earners are paying lev- state and local taxes has grown dra- eliminate this penalty on married cou- els of taxes that severely diminish matically in recent years. In recent ples. I urge my colleagues to vote for their ability to care for and support years, the tax burden in Missouri has the Taxpayer Freedom and Fairness their families. Under current law, sin- risen from the low rank of 47th in the bill, and bring freedom and fairness to gle taxpayers will pay 15% on the first nation to the 16th highest. taxpayers this April 15th. $25,750 of taxable income they earn. Across the country, nearly two-thirds After that point, their tax levels jump of the relief would flow to households By Mr. ASHCROFT: to 28% on federal tax alone. Combined S. 807. A bill to amend the Internal earning less than $75,000. Less than 4% with the 15% payroll tax burden, our Revenue Code of 1986 to allow a deduc- of the tax relief would flow to house- system is structured so that individ- tion for the old-age, survivors, and dis- holds earning more than $200,000. This uals earning between $25,750 and $62,450 is real tax relief directed at middle ability insurance taxes paid by employ- are paying 43% of their incomes in fed- class earners. ees and self-employed individuals, and eral taxes. A second way to accomplish this im- for other purposes; to the Committee It is a scandal that Missourians mak- portant goal is through marriage pen- on Finance. ing $25,750 are forced to sacrifice to the alty relief. It should be our goal as a WORKING AMERICANS WAGE RESTORATION ACT federal government 43% of each addi- society to encourage young couples to Mr. ASCHROFT. Mr. President, on tional dollar they earn. Those earning get married. Marriage is a sacred insti- today’s tax filing deadline, Americans a taxable income of $25,750 are by no tution that promotes family and com- feel the burden of our tax system most means rich—and should not be taxed as munity stability. More marriage is an acutely. According to the Tax Founda- if they were. unmitigated good for this country. tion, an American family spends more In fact, the payroll tax is aimed right Unfortunately our tax system does of their family budget on taxes than on at the heart of the middle class. The not see it as such. The current federal health care, food, clothing, and shelter payroll tax is a direct levy of 15% on income tax system forces many mar- combined. The economic anxiety so incomes up to $72,600. After that point, ried couples to pay a ‘‘marriage pen- many of our Americans feel can be di- the payroll tax is not in effect. This alty.’’ That is, they are required to pay rectly attributed to the federal govern- means that the payroll tax constitutes more federal income tax than they ment’s excessive taxation a much greater burden on the poor and would have paid had they been single One of the main culprits in this dra- the middle class. According to the Con- and filed their taxes separately. matic increase in taxes has been the gressional Budget Office, 74% of all

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3781 families pay more in total Social Secu- THE CONSERVATION TAX thrive. Without additional incentives rity payroll taxes than they pay in in- INCENTIVES ACT OF 1999 for conservation, we will continue to come taxes. Mr. JEFFORDS. Mr. President, on this lose ecologically valuable land. In addition to costing the poor and day when Americans must file their This bill provides an incentive-based middle class more, the payroll tax also tax returns, I am introducing the Con- means for accomplishing conservation burdens individuals more than busi- servation Tax Incentives Act of 1999, a in the public interest. It helps tax dol- nesses. Although employers and em- bill that will result in a reduction in lars accomplish more, allowing public ployees both have to pay 7.65% of a the capital gains tax for landowners and charitable conservation funds to go worker’s income in payroll taxes, this who sell property for conservation pur- to higher-priority conservation burden strikes individuals dispropor- poses. This bill creates a new incentive projects. Preliminary estimates indi- tionately. Employers currently have for private, voluntary land protection. cate that with the benefits of this bill, the ability to deduct payroll taxes as a This legislation is a cost-effective non- nine percent more land could be ac- business expense. Employees do not regulatory, market-based approach to quired, with no increase in the amount have this same option. In the interest conservation, and I urge my colleagues governments currently spend for con- of fairness, employees and self-em- to join me in support of it. servation land acquisition. At a time ployed individuals—even those who do Our tax code already has a tax incen- when little money is available for con- not itemize—should have the same op- tive to encourage people to donate land servation, it is important that we portunity. for conservation purposes or to donate stretch as far as possible the dollars It is for these reasons—the high conservation easements. The chari- that are available. rates, the double taxation, the overall table contribution deduction provides State and local governments will be tax burden, the disproportionate im- this incentive, and this deduction has important beneficiaries of this bill. pact on lower and middle-income wage been instrumental in the conservation Many local communities have voted in earners—that taxpayers need to have a of environmentally significant land favor of raising taxes to finance bond payroll tax deduction. Americans across the country. initiatives to acquire land for con- should no longer be forced to pay fed- Not all land worth preserving, how- servation. My bill will help stretch eral income tax on their Social Secu- ever, is owned by people who are able these bond proceeds so that they can rity payroll taxes. to give it away. For many landowners, go further in improving the conserva- Providing payroll tax relief would their land is their primary financial tion results for local communities. In not be a tax cut for the rich, but a tax asset, and they simply cannot afford to addition, because the bill applies to cut for the poor and the middle class, donate it for conservation purposes. sales to publicly-supported national, who are paying payroll taxes from While they might like to see their land regional, State and local citizen con- their first dollar of earnings. If tax- preserved in its undeveloped state, the servation groups, its provisions will payers were no longer forced to pay in- tax code’s incentive for donations is of strengthen private, voluntary work to come tax on their Social Security no help to them. save places important to the quality of taxes, the average two-income family The Conservation Tax Incentives Act life in communities across the country. would see its annual tax bill slashed will provide a new tax incentive for Private fundraising efforts for land $1,400. sales of land for conservation by reduc- conservation will be enhanced by this This change would be extremely help- ing the amount of income that land- bill, as funds will be able to conserve ful to taxpayers in my home state of owners would ordinarily have to re- more, or more valuable, land. Missouri. 85% of Missouri tax filers, port—and pay tax on—when they sell Let me provide an example to show over two million Missourians, pay pay- their land. The bill provides that when how I intend the bill to work. Let’s roll taxes and would benefit from this land is sold for conservation purposes, suppose that in 1952 a young couple deduction. only one half of any gain will be in- purchased a house and a tract of ad- Employers, who are already able to cluded in income. The other half can be joining land, which they have main- deduct payroll taxes, overwhelmingly excluded from income; the effect of tained as open land. Recently, the support making this change to help this exclusion is to cut in half the cap- county where they live passed a bond their workers. According to a National ital gains tax the seller would other- initiative to buy land for open space, as Federation of Independent Business wise have to pay. The bill will enable county residents wanted to protect the survey of small business owners, 73% landowners to permanently protect quality of their life from rampant de- support making the employee share of their property’s environmental value velopment and uncontrolled sprawl. the payroll tax fully deductible. These without forgoing the financial security Let’s further assume that the couple, employers know what a burden the it provides. The bill’s benefits are now contemplating retirement, is con- double-tax imposes on workers, and available to landowners who sell land sidering competing offers for their these employers understand better either to a government agency or to a land. One offer comes from the county, than anyone the importance of making qualified nonprofit conservation orga- which will preserve the land in further- the payroll tax deductible. nization. They are also available when ance of its open-space goals. The other Preliminary estimates suggest that landowners sell partial interests in offer has been made by an individual this proposal would increase the gross land for conservation. Thus owners of who does not plan to conserve the land. domestic product of 0.5% and produce farms and forests may be able to take Originally purchased for $25,000, the 500,000 new jobs. Making the payroll advantage of the bill’s benefits, yet land is now worth $250,000 on the open tax deductible is good for workers, still continue to harvest crops or tim- market. If they sell the land at its fair good for businesses, good for Missouri, ber from their land, if they sell a con- market value to the individual, the and good for the American economy. servation easement on the property. couple would realize a gain of $225,000 Mr. President, the case is clear: it is The purchaser must provide the seller ($250,000 sales price minus $25,000 cost), time to make the payroll tax deduct- with a letter of intent manifesting the owe tax of $45,000 (at a rate of 20% on ible. On this April 15, let us dedicate purchaser’s intent that the land acqui- the $225,000 gain), and thus net $205,000 ourselves to providing payroll tax re- sition will serve such conservation pur- after tax. lief to American workers. I urge my poses as protection of fish, wildlife or Under my bill, if the couple sold the colleagues to join me in support of this plant habitat, or provision of open land to the county for conservation legislation. space for agriculture, forestry, outdoor purposes, they would be able to exclude recreation or scenic beauty. from income one half of the gain real- By Mr. JEFFORDS (for himself Land is being lost to development ized upon the sale. This means they and Mr. CHAFEE): and commercial use at an alarming would pay a lower capital gains tax; S. 808. A bill to amend the Internal rate. By Department of Agriculture es- consequently, they would be in a posi- Revenue Code of 1986 to provide tax in- timates, more than four square miles tion to accept a lower offer from a centives for land sales for conservation of farmland are lost to development local government or a conservation or- purposes; to the Committee on Fi- every day, often with devastating ef- ganization, yet still end up with more nance. fects on the habitat wildlife need to money in their pockets than they

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3782 CONGRESSIONAL RECORD — SENATE April 15, 1999 would have had if they had accepted licly-supported conservation charities tions or controls on people who own en- the developer’s offer. Continuing with and governmental entities qualify as vironmentally-sensitive land. It does the example from the preceding para- purchasers for transactions that make not compel anyone to do anything; it is graph, let’s assume the couple sold the use of this tax incentive. Conservation entirely voluntary. Nor will it increase property to the county, for the purpose organizations and governmental nat- government spending for land con- of conservation, at a price of $240,000. ural resource and environmental agen- servation. In fact, the effect of this bill They would realize a gain of $215,000 cies have a long and respected record of will be to allow better investment of ($240,000 sales price minus $25,000 cost). serving the public interest in acquiring tax and charitable dollars used for land Under my bill, only half of this gain and managing land for conservation conservation. $107,500, would be includible in income. purposes. This bill builds on that I urge all my colleagues to join me in The couple would pay $21,500 in capital record of trust and responsible stew- support of the Conservation Tax Incen- gains tax (at a rate of 20% on the ardship, without imposing new and ad- tives Act of 1999. $107,500 gain includible in income) and ministratively cumbersome require- thus net $218,500 ($240,000 sales price ments to ensure that the public pur- By Mr. BURNS (for himself and minus $21,500 tax). Despite having ac- pose is served. The tax code already Mr. WYDEN): S. 809. A bill to require the Federal cepted a sales price $10,000 below the provides for adequate oversight to Trade Commission to prescribe regula- individual’s offer, the couple will keep guard against a potential breach of the tions to protect the privacy of personal $13,000 more than they would have kept public trust by a conservation organi- information collected from and about if they had accepted his offer. zation. private individuals who are not covered The end result is a win both for the Second, the bill requires a statement by the Children’s Online Privacy Pro- landowners, who end up with more of intent from the purchaser reflecting tection Act of 1998 on the Internet, to money in their pocket than they would the purchaser’s intent that the acquisi- provide greater individual control over have had after a sale to an outsider, tion will serve one of the specified con- the collection and use of that informa- and for the local community, which is servation purposes. This language was tion, and for other purposes; to the able to preserve the land at a lower crafted to protect the public’s con- Committee on Commerce, Science, and price. This example illustrates how the servation investment by establishing Transportation. exclusion from income will be espe- the purchaser’s intent, but not cre- ONLINE PRIVACY PROTECTION ACT OF 1999 cially beneficial to middle-income, ating a tax-driven land use restriction. Mr. BURNS. Mr. President, I am ‘‘land rich/cash poor’’ landowners who In essence, I wanted to make sure that pleased to be joined by the distin- can’t avail themselves of the tax bene- the purchaser’s intent to conserve the guished Senator from Oregon, Mr. fits available to those who can afford land does not rob the land of commer- WYDEN, in introducing a very impor- to donate land. cial value, for which the landowner A real-life example from my home must be justly compensated if this con- tant piece of legislation, the Online Privacy Protection Act of 1999. Last state illustrates the need for this bill. servation incentive is to work effec- year, Congress worked together to pro- A few years ago, in an area of Vermont tively. The purchaser’s letter of intent tect our most vulnerable citizens from known as the Northeast Kingdom, a should not be construed to impose new unprincipled information gathering on- large well-managed forested property restrictions on the property or cov- line by passing the Children’s Online came on the market. The land had ap- enants running with the land; to do so Privacy Protection Act of 1998. That preciated greatly over the years and would create an appraisal problem that law provided online privacy protection was very valuable commercially. With would defeat the very purpose that this for children up through age 13. Al- more than 3,000 acres of mountains, bill is designed to address. Thus, the though teens and adults have a greater forests, and ponds, with hiking trails, property being acquired should be ap- ability to identify the risks associated towering cliffs, scenic views and habi- praised at its unencumbered, full fair with online shopping and browsing, tat for many wildlife species, the prop- market value. Furthermore, the value some guidance and protection is needed erty was also very valuable environ- of the property in the hands of the pur- to ensure that web sites treat informa- mentally. Indeed, the State of Vermont chasing conservation entity should be tion in a fair and uniform way. was anxious to acquire it and preserve its full fair market value, notwith- Before I tell you what this bill does, it for traditional agricultural uses and standing both the purchaser’s intended let me first tell you what this bill does habitat conservation. conservation use of the property and not do. It does not bury online compa- After the property had been on the the required statement of intent. This nies with regulatory paperwork. It does market for a few weeks, the seller was principle would apply even when the not impose a congressional mandate on contacted by an out-of-state buyer who original conservation purchaser, like a privacy policies. It does not force com- planned to sell the timber on the land land trust, subsequently conveys the pliance with arcane rules. It does not and to dispose of the rest of the prop- property to another cooperating con- regulate the internet. erty for development. Upon learning of servation purchaser (e.g., a govern- I want to be clear. We are trying to this, the State moved to obtain ap- mental agency) on behalf of which the pilot the ship of internet commerce praisals and a quick legislative appro- land trust may have pre-acquired the with a very light hand while trying to priation in preparation for a possible property. encourage the efforts currently under- State purchase. Indeed, the State and As this bill also applies to partial in- way within the online industry. The Nature Conservancy subsequently terests in land, the exclusion from in- This bill sets very general guidelines made a series of purchase offers to the come—and the resulting reduction in for how an online company treats in- landowner. The out-of-state buyer, capital gains tax—will, in certain in- formation it gathers from people inter- however, prevailed upon the landowner stances, also be available to land- acting with their web sites. First of all, to accept his offer. Local newspaper owners selling partial interests in their there must be a clear and conspicuous headlines read, ‘‘State of Vermont land for conservation purposes. A farm- posting of the companies information Loses Out On Northeast Kingdom Land er could, for example, sell a conserva- collection policy. They must note what Deal.’’ The price accepted by the land- tion easement, continuing to remain information is collected, and what they owner was only slightly higher than on and farm his land, yet still be able do with it. There must be a clear the amount offered by the State. Had take advantage of the provisions in means for people to opt out of pro- the bill I’m introducing today been on this bill. The conservation easement viding this information, if the data col- the books, the lower State offer may must meet the tax code’s requirements lected is not relevant to the web trans- well have been as attractive—perhaps i.e., it must serve a conservation pur- action. In fairness, we do allow the web more so—than the amount offered by pose, such as the protection of fish or site host to cancel the online trans- the individual. wildlife habitat or the preservation of action if the site visitor doesn’t pro- In drafting the bill’s language, I was open space (including farmland and for- vide all of the needed information. For careful to ensure that the tax incentive est land). example, if a person buys a product, applies to lands that truly serve con- There are some things this bill does but won’t give a mailing address, the servation purposes. First, only pub- not do. It does not impose new regula- company can terminate the sale.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3783 A key provision of this bill allows establish incentives to improve the But for many families, staying home people access to information that was quality and supply of child care, to in- is simply not an option. Today, more collected and shared with outside com- crease the availability and afford- than 12 million children under the age panies. We recognize that there are ability of professional development for of five—including half of all infants many web sites that collect informa- child care providers, to expand youth under one year of age—spend at least tion to better serve their visitors. development opportunities, to ensure part of their day being cared for by Amazon.com keeps track of book re- the safety of children placed in child someone other than their parents. In quests to help identify other potential care centers in Federal facilities, to en- Vermont alone, there are approxi- books of interest to the customer. We sure adequate child care subsidies for mately 22,000 children, under the age of appreciate the prosperity of that data low-income working families, and for 6, in state-regulated child care. and its use and want to protect and en- other purposes; to the Committee on There are millions of school-aged courage that creativity. As long as the Finance. children who are in some form of child company discloses up front what infor- care at the beginning and end of the mation it is collecting and keeps that CARING FOR AMERICA’S CHILDREN ACT school day as well as during school data internal, it won’t be forced into By Mr. JEFFORDS (for himself, holidays and vacations. And just as disclosure and lose its competitive Ms. LANDRIEU, Mr. DODD, and many six to twelve year olds are edge. However, all companies are re- Mr. KOHL): latchkey kids—returning home from quired to establish and maintain proce- S. 811. A bill to amend the Internal school with no supervision until their dures to protect the information that Revenue Code of 1986 to expand alter- parents get home from work. Far too it collects. natives for families with children, to many of these children spend that time To the uninformed listener, this may establish incentives to improve the in front of the television with a soda sound like a lot of regulation and pa- quality and supply of child care, and and a bag of chips. Child care is a necessity for most perwork for online companies to fol- for other purposes; to the Committee working parents and high quality child low. The good news is that this bill rec- on Finance. care is a critical investment in our ognizes the continuing progress being TAX RELIEF FOR FAMILIES WITH CHILDREN ACT country’s future. In the first three made in the commercial sector in pro- years of life, the brain either makes viding secure and private transactions By Mr. JEFFORDS (for himself, the connections it needs for learning or for customers. Concerns about misuse Mr. DODD, and Ms. LANDRIEU): it atrophies, making later efforts at re- of information can drive many cus- S. 812. A bill to provide for the con- mediation in learning, behavior, and tomers away, and many companies are struction and renovation of child care facilities, and for other purposes; to thinking difficult, at best. The experi- recognizing the need for establishing ences and stimulation that a caretaker some type of privacy rules. It’s telling the Committee on Banking, Housing, and Urban Affairs. provides to a child are the foundations that 60 percent of Fortune 500 Chief In- upon which all future learning is built. formation Officers in a recent poll stat- CHILD CARE CONSTRUCTION AND RENOVATION ACT The brain’s greatest and most crit- ed that they wouldn’t divulge personal ical growth spurt is between birth and information online. ten years of age—precisely the time Fortunately, we finally got the right By Mr. JEFFORDS (for himself, when non-parental child care is most balance in crafting privacy policy on Ms. LANDRIEU, Mr. Dodd, Mr. frequently utilized. A Time magazine the internet. It isn’t through congres- SARBANES, and Mr. KENNEDY): special report on ‘‘How a Child’s Brain S. 813. A bill to ensure the safety of sional or FTC mandates. It’s by en- Develops’’ (February 3, 1997) said it children placed in child care centers in couraging private industry to band to- best, ‘‘. . . Good, affordable day care is Federal facilities, and for other pur- gether to establish minimum require- not a luxury or a fringe benefit for wel- poses; to the Committee on Govern- ments for a safe haven for consumer in- fare mothers and working parents but mental Affairs. formation. Companies can meet the in- essential brain food for the next gen- tent of this bill by showing that their FEDERAL EMPLOYEES CHILD CARE ACT eration.’’ privacy policy complies with the Safe The ‘‘Caring for Children Act’’ em- Haven requirements established in in- By Mr. JEFFORDS (for himself, bodies two important goals. First, to dustry. Congress and the FTC are only Mr. DODD, Ms. LANDRIEU, and expand the choices available to par- there to give the Safe Haven some Mr. KENNEDY): ents—including the most basic choice— teeth by providing incentives and en- S. 814. A bill to establish incentives to stay at home and care for their chil- suring compliance with these self-es- to improve the quality and supply of dren. And second, to move child care tablished regulations. We also allow child care providers, to expand youth from babysitting to early childhood states to use existing law to challenge development opportunities, to ensure education and positive youth develop- and remove irresponsible online pri- adequate child care subsidies for low- ment. vacy behavior. A strong team of busi- income working families, and for other How does the ‘‘Caring for Children ness, Congress, States, and regulators purposes; to the Committee on Health, Act’’ accomplish this? By increasing will bring a balanced and fair approach Education, Labor, and Pension. the tax benefits for all families with to the needs of consumers. CREATING HEALTHY OPPORTUNITIES AND IM- children we provide more opportunities The Online Privacy Protection Act of PROVING CHILD EDUCATION AND SUPPORT for families, whether they stay at 1999 is an important effort to shape the (CHOICES) ACT home or place their children in the future of online commerce. By getting Mr. JEFFORDS. Mr. President, I rise care of others. We provide families out front and then staying out of the today to introduce a comprehensive with additional income to spend on way, we can create an electronic me- child care bill, the ‘‘Caring for Amer- child care or to manage the household dium free from big-brother mentality ica’s Children Act’’. This legislation budget without a second income. that allows people to move freely recognizes that quality child care is a Through state incentives to improve through commercial sites without fear- shared responsibility that ultimately the quality and remove barriers to ing for the data trail they leave behind. benefits government, communities, higher quality care the legislation pro- This bill is good for industry and good and, most importantly, families and vides the opportunity to improve child for consumers. I strongly encourage their children. care for everyone. By creating more my colleagues to support the passage Parents know best how to care for after school activities that promote of this bill. their children, and will choose the best positive youth development and mak- if it is affordable and accessible. This ing them more affordable for low-in- By Mr. JEFFORDS (for himself, legislation increases the opportunities come families, the bill increases gives Mr. DODD, Ms. LANDRIEU, Mr. for American children and their par- parents and their children the oppor- KENNEDY, and Mr. KOHL): ents to choose the best care for their tunity to choose activities that will be S. 810. A bill to amend the Internal children, including the choice to forgo fun and help in the acquisition of the Revenue Code of 1986 to expand alter- a second income to stay home with skills necessary to become a produc- natives for families with children, to their children. tive, happy adult.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3784 CONGRESSIONAL RECORD — SENATE April 15, 1999 The ‘‘Caring for Children Act’’ is signed to improve the quality of child the blunted potential of millions of good for families. The legislation cre- care. children. ates more equity between the tax bene- The legislation also creates financing Not only must we engage in a public fits received by working parents who mechanisms to support the renovation debate on ‘‘who cares for our children,’’ pay others to care for their children, and construction of child care facili- but we also must take action to better and parents who stay home to care for ties. support families in doing their most their children. It increases the Depend- The ‘‘Caring for America’s Children important work——raising our nation’s ent Care Tax Credit (DCTC) for low- Act’’ is good for business. Child care is children. Last year, child care legisla- and middle-income families who use a growing concern for businesses, large tion held a prominent place on the child care while they work. It increases and small. In my home state of Congressional agenda. This year, little current $500 Child Tax Credit to $900 Vermont, companies have learned that has been said, although the needs have per child. It increases the Dependent being ‘‘family friendly’’ is good for not diminished. I hope that these bills Care Assistance Plan (DCAP) for two business. It increases employee reten- can put child care back on the Congres- or more dependents and permits DCAP tion, improves job satisfaction, and sional agenda where it belongs—-be- funds to be used to reimburse a parent lowers absenteeism. The legislation en- cause our children and families cannot or grandparent who provides full-time courages businesses to take an active wait much longer. care for a child under the age of man- role in the child care needs of their em- As I said on Tuesday night during the datory school attendance. Taxpayers ployees and in the community-at-large. debate on the Budget Resolution, I am are given the opportunity to select the It provides a tax credit to employers not going to let the issue of child care best tax benefit option for each of their who contribute to child care arrange- go away. All of us here today, and all children, based on the individual fam- ments for their employees. of the co-sponsors of this legislation ily’s economic and child care cir- The legislation expands the chari- are committed to whatever it takes to cumstances. table deduction to encourage busi- help our children maximize their op- The ‘‘Caring for Children Act’’ ex- nesses to donate equipment, materials, portunities. That is what this legisla- pands current consumer education transportation services, facilities, and tion is about—Opportunities. services so that parents have better ac- staff time to public schools and child I urge my colleagues to join with me cess to information on high-quality care providers. In short, it creates the and Senators DODD, LANDRIEU, KEN- child care and can feel more confident opportunity for companies to make an NEDY, and KOHL, as well as with Con- as they make decisions about who will investment in their future, by becom- gressman GILMAN and his House col- care for their children. It creates new ing involved in child care. leagues, in co-sponsoring and sup- opportunities to meet the needs of I have divided the ‘‘Caring for Amer- porting this important legislation. To school-aged children and their parents ica’s Children Act’’ into four smaller, do nothing to improve the quality of during the non-school hours. more narrowly focused bills, which I child care and provide parents with The ‘‘Caring for America’s Children also am introducing today. The ‘‘Tax more opportunities to choose the best Act’’ is good for child care providers. Relief for Families with Children Act’’ care for their children is grossly unfair Almost every child care provider that I combines all of the tax provisions to the children and far too costly for have talked with over the past few (Title I and Subtitle A of Title II) of our nation. years wants the opportunity to expand the ‘‘Caring for America’s Children I ask unanimous consent that a sec- their services, increase their skills, and Act.’’ tion by section description of the ‘‘Car- improve their facilities. But the child The ‘‘Child Care Construction and ing for America’s Children Act’’ be care business is a financially unstable Renovation Act’’ focuses exclusively on placed in the CONGRESSIONAL RECORD. endeavor. the financing of child care facilities There being no objection, the item Child care centers and home-based contained in Title VII of the larger bill. was ordered to be printed in the providers are finding it increasingly ‘‘The ‘‘Federal Employees Child Care RECORD, as follows: difficult to recruit and retain staff, to Act’’ deals exclusively with ensuring f buy the supplies and equipment that the safety and quality of child care fa- THE ‘‘CARING FOR AMERICA’S CHILDREN’’ ACT will promote healthy child develop- cilities operated for employees of the Title I: Tax Benefits for Families with Children ment, and even to keep their doors federal government. Section 101: Increases the Dependent Care open. The ‘‘Creating Healthy Opportunities Tax Credit (DCTC) by (a) increasing the The Shelburne Children’s Center in and Improving Child Education’’ or amount of allowable expenses to $3,600 for Vermont closed earlier this year be- ‘‘CHOICE’’ Act combines the remainder one dependent; $6,000 for two or more; (b) in- cause it could not afford to stay open. of the ‘‘Caring for America’s Children creasing the maximum percentage of the al- lowable expenses to 40 percent; (c) increases Nearly forty percent of all family- Act.’’ It focuses on improving the qual- the adjusted gross income level receiving the based child care and ten percent of the ity of child care, expanding non-school maximum percentage to $50,000; (d) reduces center-based care close each year. Par- hours care for older children, increas- the allowable percentage by 1 percent for ents can only pay what they can afford, ing professional development for child each $2,000 over $50,000, not reduced below 10 and far too often that is barely enough care providers, and helping low-income percent; (d) permiting educational programs to keep the child care provider in busi- families who will not benefit from the and third party transportation costs to be ness. tax provisions. counted as allowable expenses. The ‘‘Caring for America’s Children As we all know, quality child care Section 102: Increases the Child Tax Credit from $500 per year to $900 per year. Act’’ creates the opportunities that costs money. It costs money to parents Section 103: Makes changes in the Depend- will help keep current providers afloat who bear the biggest burden for the ex- ent Care Assistance Program (DCAP) by (a) and encourage more people to enter the pense of child care. It costs businesses Increasing the dollar contribution limit to business. It creates a high-tech infra- both through the direct assistance that $7,000 a year for two or more dependents; (b) structure for the training of child care they provide to employees to help with Permiting contributions to DCAP accounts providers —and makes that training the expense of child care, and through during pregnancy, usable for one year after more accessible for providers in every their ability to hire and retain a the birth of a child; (c) permiting DCAP funds to be used to pay a spouse or grand- community. It establishes a block skilled workforce. It costs government parent to care for a pre-school aged child at grant to help states improve the qual- through existing tax provisions, direct home; and (d) establishing a DCAP for fed- ity of child care. spending, and discretionary spending eral employees. Funds can be used to provide salary targeted at child care. Section 104: Permits parents to choose be- subsidies and more training for pro- But we must remember that the tween the Dependent Care Tax Credit, Child viders, to improve the enforcement of costs of not making this investment Tax Credit, and the Dependent Care Assist- state regulations, to help providers are even higher. Those costs can be ance Program for each dependent child (each better care for children with special measured in the expense of remedial tax benefit mutually exclusive for each child). needs, or to increase the supply of in- education, the cost of having an un- Section 105: Expands the Home Office tax fant care. States will have the oppor- skilled labor force, the increase in pris- deduction to permit parents to care for a de- tunity to try innovative approaches de- on populations, and most importantly, pendent child within the home office space

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3785 and maintain the ‘‘exclusive use’’ designa- paign promoting quality child care; (c) de- subsidize the cost of participation in the tion for the home office tax deduction. velop a mechanism for the collection and non-school hours program for low-income Section 106: Requires states to include the dissemination of information on the supply youth. cost of child care in the calculation of child and demand for child care services; and (d) Section 409: The Assistant Secretary for support orders. assist existing child care credentialing and HHS establishes mechanisms for monitoring Estimated cost of Title I is $35.1 billion accreditation entities in improving their and evaluating the effectiveness of funded over 5 years. procedures and methods. activities; coordinates the grant program Title II: Activities to Improve the Quality of Title III: Expanding Professional Development with similar activities in other federal agen- Child Care Opportunities cies; provides appropriate training and tech- nical assistance to states and local entities; Subtitle A—Encouraging Business Involve- Section 301: Creates a child care training and can terminate funding for States or enti- ment in Child Care infrastructure utilizing the Internet and ex- ties which fail to comply with the require- Section 201: Creates a child care tax credit isting distance learning resources to provide high quality, interactive skills training for ments of the Act. for employers up to $150,000 a year ($250,000 a Section 410: The Governor of each State year with respect to three or more company child care providers. Section 302: Sets aside at least 10 percent designates an entity to administer the grant child care facilities in different locations) in activities, including monitoring compliance allowable employee-related child care ex- of the authorized funds, within the child care training infrastructure, to establish and op- with rules and regulations, providing tech- penses such as the construction or renova- nical assistance, and providing information tion of facilities and employee subsidies. erate a revolving loan funds to enable child care providers to purchase computers and on grant activities to HHS. CBO estimate $500 million over 5 years. Section 411: Ensures that activities funded other equipment to access the child care Section 202: Expands the business chari- under this Title will be coordinated, at the training infrastructure through no-interest table tax deduction to include the contribu- local level, with activities receiving funds loans. Authorization for Title III—$50 mil- tion of scientific and computer equipment, from the Safe and Drug-Free Schools and lion a year. transportation services, qualified employee Communities Act and the 21st Century Com- volunteer time, and the use of facilities and Title IV: Expanding Youth Development Oppor- munity Learning Centers Act. equipment to public schools and child care tunities During the Non-School Hours Section 412: Authorizes the grant program providers. Section 401: Establishes youth develop- for: $500 million for FY 00, $600 million for Subtitle B—Child Care Quality Improvement ment focused programs that provide care for FY 01, $700 million for FY 02, $800 million for Incentive Program school-aged children during the non-school FY 03, and $1 billion for FY 04. hours. Title V: Child Care in Federal Facilities Section 211: Definition Section Section 402: Definition Section. Section 212: Establishes a state grant pro- Section 403: Establishes a state grant pro- Section 501: Short title, ‘‘Federal Employ- gram to fund activities designed to improve gram to expand and create quality non- ees Child Care Act’’. Section 502: Definition section. the quality of child care. school hours programs for school-aged chil- Section 503: Child care centers located in Section 213: Allocates funds to the states dren and youth which meet the child care federal executive and judicial facilities have based on the Child Care and Development needs of the parents as well and the goals of to meet a standard no less stringent than formula, with a small state minimum. positive youth development; the federal those required of other child care facilities Section 214: To receive grant funds, (a) share of this program is 80 percent, state and in the same geographical area within six states must certify that the state has not re- local matching funds may be in cash or in- months and within three years meet the duced the scope of state child care require- kind. standards established by a child care accred- ments since 1995, must be in compliance with Section 404: Allocates funds to states based itation entity; establishes procedures to be the provisions of the Child Care and Develop- on the number of youth aged 5 through 17 followed if the child care center is not in ment Block Grant, and has expended at least who reside in the state and the number of compliance with these rules including plans 80 percent of the funds allocated to the state children in the state qualifying for free or re- to correct deficiencies, closing the affected for TANF child care matching funds; (b) duced-price school lunches. There is a small portion of a child care center if a situation is there is a 10 percent state match require- state minimum allocation of .5 percent of life threatening or poses a risk of serious ment for the use of the funds, such match the total appropriated amount for the pro- bodily harm and is not corrected within two funds can be state or local public or private gram. funds. Section 405: States submit an application business days, and the disclosure of viola- Section 215: Grant funds may be used for a to the Secretary of HHS in order to receive tions to parents and facility employees; leg- variety of activities designed to improve the funds and designate the administrative re- islative facilities have to obtain and main- quality of child care within the state. This gions or political subdivisions which will be tain accreditation from a child care accredi- section identifies some of the allowable ac- used in the distribution of the funds in the tation entity within one year or the appro- tivities including supplementing child care state. priate congressional administrative entity provider salaries, assistance to small busi- Section 406: The state will allocate funds will issue regulations to ensure the safety nesses desiring to provide child care assist- to administrative regions or political sub- and quality of care for children in the legis- ance to employees, expansion of resource and divisions within the state based on the num- lative facility; the Administrator of GAO referral services, educational and training ber of 5 to 17 year olds and the number of may provide technical assistance to other scholarship for child care providers, increas- children qualifying for free or reduced-price agencies and conduct studies and reviews at ing subsidies for recipients of Child Care and school lunches in the region or subdivision; the request of federal agencies; and an inter- Development Block Grant recipients, sub- the state will award grants on a competitive agency council is established to facilitate co- sidizing child care for special needs children, basis to entities within each region or sub- operation and coordinate policies; authorizes conducting background checks and increas- division up to the amount of the regional al- $900,000 for General Services Administration ing the monitoring of child care providers; location; preference for grants will be given to carry out this Title. State grant program authorized for $200 mil- to activities which remove barriers to the Section 504: Authorizes an evaluation of lion a year. availability of non-school hours child care federal child care services. Section 506: Authorizes federal agencies to Subtitle C—Increased Enforcement of State and coordinate public and private resources. utilize appropriated funds to subsidize or Health and Safety Standards Section 407: Entities desiring to receive grant funds will submit an application to the otherwise assist lower income federal em- Section 221: Amends the Child Care and De- ployees meet the costs of child care provided velopment Block Grant (CCDBG) to encour- state. Section 408: Grant funds will be used for through contract or on-site. age states to improve the enforcement of ex- activities that meet the child care needs of Section 507: Re-authorizes the Trible isting state laws and regulations regarding working parents during the non-school hours Amendment which permits federal facilities the inspection of child care facilities; pro- including before- and after-school, weekends, to provide on-site child care services; au- vides a bonus for states which effectively en- school holidays, vacation periods and other thorizes federal agencies to conduct pilot force existing state law and a decrease in non-school hours; activities will promote at projects on innovative approaches to pro- CCDBG administrative funds for states least two youth development competencies viding employee child care services; and re- which do not adequately enforce state child (social, physical, emotional, moral or cog- quires criminal background checks for em- care inspection requirements. nitive) and be designed to increase youth ployees of child care facilities located in fed- Subtitle D—Distribution of Information About protective factors and reduce risk factors; a eral facilities. Quality Child Care broad range of activities can be funded in- Title VI: Expanding Child Care Subsidy for Section 231: Authorizes $15 million to the cluding leadership development, delinquency Low-Income Families Department of Health and Human Services prevention, sports and recreation, arts and Section 601: Changes the authorization for to (a) provide technical assistance and the cultural activities, character development, the Child Care and Development Block Grant disseminate information on high quality tutoring and academic enrichment, men- Act (CCDBG) from $1 billion to $2 billion. child care to parents, local governments, toring, and other locally determined pro- Section 602: Changes the CCDBG Act a) as- child care organizations, and child care pro- grams; and at least 50 percent of the funds suring that the use of automated payment viders; (b) conduct a public awareness cam- made available to an entity must be used to systems will not limit parental choice and

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3786 CONGRESSIONAL RECORD — SENATE April 15, 1999 will facilitate the prompt, accurate payment employees’ children and to strengthen Our bill addresses these concerns by of child care providers; changing to 70 per- the quality of care. Businesses will be increasing the authorization of the cent (from ‘‘a substantial portion’’) the use permitted a tax deduction for dona- Child Care and Development Block of CCDBG funds for low-income families who tions of equipment, materials, trans- Grant (CCDBG) Act from $1 billion to are not TANF qualified recipients of child portation services, facilities, and staff care subsidies; requiring states to better sup- $2 billion a year. It requires states to port parental choice of child care providers time to public schools and care pro- improve the way in which subsidy rates by establishing separate subsidy rates de- viders. Employers who contribute to are determined. Parents will have a pendent upon the age of the child, the set- the child care arrangements of their choice of child care providers, not just ting of the child care services (home, center, employees will receive a tax credit of the least expensive care. Seventy per- group), special needs, and geographic loca- 50 percent of their expenses up to cent of the CCDBG funds are set aside tion; and applying any required parental co- $150,000 a year ($250,000 a year with re- for non-welfare-related low-income payment to be reduced by the amount of the spect to three or more facilities in dif- working parents. The bill also contains difference between the child care subsidy ferent locations) in allowable em- a new state grant program to encour- provided and 85 percent of the state estab- ployee-related child care expenses such lished market rate for that child. age the development of quality child as the construction or renovation of fa- care programs during non-school hours. Title VII: Construction and Renovation of Child cilities and employee subsidies. Care Facilities It is long past time for Congress to The quality of care can also be im- give child care the high priority it de- Subtitle A—Community Development Block proved by giving the public more infor- Grants serves. This bipartisan bill addresses mation about the caliber of the pro- the serious challenges confronting mil- Section 701: Permits use of Community De- grams in their community. Working velopment Block Grant funds to renovate or lions of families with children, and I parents deserve to know that their urge my colleagues to join us in sup- construct child care facilities. (No cost) children are not just safe, but well porting this significant initiative. Subtitle B—Mortgage Insurance For Child cared for. Our bill will provide that re- Care Facilities Mr. President, an excellent column in assurance by improving parents’ access yesterday’s Washington Post by Judy Section 711: Amends Title II of the Na- to the information they need to make Mann eloquently analyzed the hard- tional Housing Act to provide insurance for informed decisions about the selection ships facing families seeking adequate mortgages on new and rehabilitated child of child care. Establishing a more ef- care facilities. child care. I believe her analysis will be fective system for distributing public Section 712: Amends the National Housing of interest to all of us concerned about information will make it easier for par- Act to provide mortgage insurance for the the issue, and I ask unanimous consent purchase or refinancing of existing child care ents to select care with confidence, and that it be printed in the RECORD. will also encourage care providers to facilities; Authorized for $30 million for FY There being no objection, the article 01, to remain available until expended. improve their services. Section 713: Authorizes the Secretary of Raising children is expensive, in and was ordered to be printed in the the Treasury to conduct a study of the sec- of itself, and families who place their RECORD, as follows: ondary mortgage markets to determine children in out-of-home care face the [From The Washington Post, April 14, 1999] whether markets exist for purchase of mort- additional burden of obtaining quality THE SLOW EVOLUTION OF CHILD CARE gages eligible for insurance under the Na- (By Judy Mann) tional Housing Act, whether the market will child care. Millions of families cannot I first started worrying about child care affect the availability of credit for develop- afford the child care they need in order more than 30 years ago when I became a sin- ment of child care facilities and the extent to raise, protect, and teach their chil- gle working parent with a 1-year old child. to which the market will provide credit en- dren. Full-day care can easily cost up We didn’t call it child care back then, be- hancement for loans for child care facilities. to $10,000 per year—often as much as cause it didn’t really exist. Section 714: Establishes a competitive college tuition for an older child. Too We called baby-sitting. grant program to provide technical and fi- often, the high cost of quality care Some women took children into their nancial assistance to child care providers for puts it out of reach for many working homes and baby-sat them all day. They were the renovation, construction, and purchase families, particularly those earning a godsend to that first cohort of women of child care facilities; Authorized for $10 who—out of choice or necessity—went into million a year for FY00–04. low wages. These parents—working parents—constantly must choose be- the paid workforce. But out of these homes Mr. KENNEDY. Mr. President, today tween paying the rent or mortgage, also came some horror stories of crowding, of children stuck in front of TV sets all day, of Senator JEFFORDS, Senator DODD, Sen- buying food, and providing the quality ator LANDRIEU, and I are proposing leg- germs being passed around with such alac- care their child needs. rity that mothers lost jobs because they islation to expand and improve quality Our bill provides support to all fami- child care across the country. The pro- missed so many workdays having to care for lies with children, whether they rely sick children. visions are intended to support the full on out-of-home care or not. It increases So how far have we come in 30 years? It’s range of child care choices that parents the Dependent Care Tax Credit (DCTC) not overly harsh to say; not that far. We make, including the decision to provide by raising the amount of allowable ex- have licensed family day-care centers, stay-at-home care. penses to $3,600 for one dependent and school-based child care, child care centers in Child care is one of the most pressing $6,000 for two or more, and by permit- office parks and churches, and we have cor- challenges facing the nation. The need ting educational programs and third porations that run child care centers across the country. The federal government sub- to improve the affordability, accessi- party transportation to count as allow- bility, and quality of child care is in- sidizes child care with vouchers for some able expenses. low-income families and by allowing people disputable. Across the country, 13 mil- Affordable child care is in particu- to shelter some money spent on child care lion children under age 6 spend all or larly short supply for young children from income tax. part of their day in child care. and for children who need care during But for most working parents, child care Every child deserves high quality nontraditional hours, such as during remains an enormous source of financial care. We know that child development, the late afternoon and evening. As stress and emotional anxiety. Even people especially in the early years, is depend- more and more parents leave welfare who can afford live-in nannies aren’t spared ent on safe, reliable care that offers for work, the demand for this type of that bad apple who abuses children or dis- appears without warning. stable relationships and intellectually care will continue to increase. The At best, we have a patchwork of child care stimulating activities. Child care that General Accounting Office estimates that is woven together by a common thread: fulfills these goals can make all the that under the welfare reform rules re- The people who take care of our children are difference in enabling children to quiring more parents to work, the sup- woefully underpaid and under-trained. Turn- learn, grow, and reach their full poten- ply of child care will meet only 25 per- over ranges from 25 percent to 50 percent as tial. This bill will help improve the cent of the demand in many urban they succumb to the lure of better-paying quality and safety of care by estab- areas. We must ensure that the nec- jobs. The median income for child care pro- lishing a competitive grant program to essary support systems, such as child viders is $6.12 an hour; for parking lot at- tendants, it is $6.38. We pay $6.90 an hour to help states improve the quality of their care and health care, are in place so people who walk our dogs. What do we value care. that low-income parents can success- most—our kids, our cars, our pets? The bill also gives new incentives to fully move from welfare to self-suffi- We are the most prosperous nation on businesses to assist in the care of their ciency. earth, with an economy that is booming like

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3787 the end of the ‘‘1812 Overture.’’ We are also that, in turn, is the breeding ground for anti- tained at least one safety violation, the only modern industrial nation that does social behavior. The hope here is that the such as crib bedding that could suf- not have an organized, affordable, reliable ‘‘Caring for Kids’’ campaign and Lifetime’s focate babies or loops on window blind system of child care for the people creating documentary can help galvanize the nation cords that could cause strangulation. those economic success. into action. Moreover, the agency found that 31,000 Child care advocates have been working for Ms. LANDRIEU. Mr. President, I rise more than 20 years to try to get this country children, age 4 and younger, were to understand that child care isn’t just about today with my distinguished colleague treated in 1997 in hospital emergency baby-sitting. It’s about giving youngsters a from Vermont and other members of rooms for injuries they received in good start in life and reducing stress on this body in strong support of legisla- child care and school settings. Addi- working parents. We have lacked the na- tion that takes a much needed step on tionally, at least 56 children have died tional will to make good child care one of behalf of our Nation’s children. I am in child care facilities since 1990. our central responses to the changes in fam- very sad to say, however, that Lou- To provide states with additional re- ily life for one simple reason: Working par- isiana ranks among the worst when it sources for the purpose of improving ents are so busy trying to survive day-to-day comes to providing for its children. By the quality of their day care facilities, that they have no time or energy for polit- ical action. providing access to quality child care this bill establishes a quality improve- This may be changing, thanks in part to a that is both safe and affordable the ment incentive program. States would ‘‘Caring for Kids’’ public affairs campaign Caring for America’s Children Act will receive funds based on the CCDBG for- that Lifetime Television has undertaken improve the lives of children in Lou- mula, which could be used for a variety with the National Council of Women’s Orga- isiana and across the Nation. of activities designed to improve the nizations. Begun in March of last year, the As a professional with two young quality of child care within each state. campaign now involves about 150 nonprofit children, I am well aware of the chal- Additionally, the bill also provides organizations. The coalition is targeting greater professional development op- April as ‘‘Childcare Month,’’ and about 1,500 lenges that face working parents as community campaigns are going to be held they balance their children’s needs portunities for child care workers to support its central message: Make child with the demands of their careers. I through a new distance learning pro- care a priority in the 2000 election. also know first hand how expensive gram and interactive computer appli- Putting technology to good use, the cam- quality child care is, costing anywhere cations. The legislation will also pro- paign has collected more than 2,000 personal from over $3,000 per year to over $10,000 vide states with greater flexibility, so child care stories from families across the per year, depending upon where a fam- that they can use their community de- country who have faxed, phoned or visited ily resides. For the parents of some velopment block grant funds for the the campaign’s Web site at construction and/or renovation of child www.lifetimetv.com. These stories have been 800,000 children in Louisiana who spend delivered to Congress, and some have been most of their day outside their parent’s care facilities. used in a documentary produced by Lee care, these costs are prohibitive. It is Finally, important tax provisions are Grant that will premiere on Lifetime on especially difficult for over 50 percent included in this legislation for both April 20. ‘‘Confronting the Crisis: Childcare of Louisiana families who need child parents who work or stay home. To- in America’’ is the most powerful hour of care, but whose incomes fall below the ward this end, the bill would increase: film on the nation’s child care problem that Federal poverty level. the child tax credit from $500 to $900 I have ever seen. To address this dilemma, this legisla- per year; One of its great sources of strength is in the dependent care tax credit (DCTC) showing that child care is no longer a wom- tion would increase the child care and development block grant (CCDBG) to $3,600 for one dependent and $6,000 an’s problem: It now involves fathers as well, for two or more dependents; and and fathers play a starring role in the docu- from $1 billion to $2 billion. By dou- expand the home office tax deduction mentary. We meet Jeff, a widower, and one bling the funding level for CCDBG, of 2 million single fathers, who quit a well- so that parents who work out of their twice as many poor children will re- home will not be penalized. paid night job because there was no night- ceive quality child care. Presently, time child care available. He now works however, only eight percent of Louisi- By providing parents with these addi- days, and he and his sister share child care ana’s poor children are being assisted tional benefits, families will have responsibilities. ‘‘Everything’s rushed,’’ he greater options in ensuring their chil- through this program. With this in- said—as apt a description of the working dren receive the most appropriate care crease another 40,000 children will re- parent culture as you could find. depending on individual family cir- We meet women in the welfare-to-work ceive needed help. Nevertheless, the de- cumstances. programs that 10,000 companies are partici- mand for assistance will far outweigh pating in, Chicora is up at 4 a.m. to get her I am also very pleased that appro- funding, so thousands of parents and priate modifications to our Federal child to day care so she can go to work. Her their children will continue to go mother died, so she is raising her 15-year-old child care system are included in this sister as well. She earns $9.50 an hour and is unserved. legislation. Most importantly, this bill able to make it because she gets a child care In addition to the shortage of funding would allow Federal agencies to use ap- voucher. When that runs out, she will face for low-income children, Louisiana, propriated funds for the purpose of child care costs of about $6,000 a year. ‘‘Edu- like many other states, must confront making child care more affordable to cation’s first,’’ she says, and she holds all the two other critical issues dealing with low-income Federal workers. Addition- hope in the world for her child. She doesn’t child care. First, facilities must be im- need a miracle to make it: That she is still ally, within six months of the passage proved and expanded. Secondly, min- of this legislation every Federal child in the game is the miracle. What she needs is imum quality standards must be set at for that voucher to continue until she can care facility will have to be licensed. get on her feet financially. the state and local levels for child care Within three years, they must also We go to France, where child care is ‘‘part providers. This like other educational meet standards established by a child of the culture,’’ in Grant’s words. And we improvements will only occur when we care accreditation entity. The Federal meet Sheriff Pat Sullivan, of Arapahoe expect more, provide more, and pay facilities title also reauthorizes the County, Colo., a leader of ‘‘Fight Crime: In- more for quality care. If we do not, the Trible amendment that allows Federal vest in Kids,’’ an organization of law enforce- status quo will remain the same. For facilities to provide on-site care and in- ment officials who believe before-school and example, the average wage of a child after-school programs are critical to pre- novative approaches to expand child venting youth violence. Sullivan is a con- care worker in Louisiana in 1997 was care services on a contractual basis. servative Republican. The question, he says, only $10,760, barely above what a min- Before the Congress enacts legisla- is where to put tax dollars. The answer is not imum wage job would pay annually. tion to enhance child care at the state in more jails, he says, but in child care, and Worse yet, the ratio of children to care level, it is essential that the Federal that includes programs that keep adoles- givers in Louisiana far exceeded the Government first address the defi- cents busy. Idle minds are the devil’s play- recommended ratios. ciencies and inadequacies within its ground. On a national level, safety in child own system. While the Federal Govern- Voices from across the political spectrum, care facilities is another critical issue. from law enforcement to social workers, ment has made significant improve- from brain researchers to pediatricians, are Earlier this week the Consumer Prod- ments, we must ensure that Federal calling for a vastly improved system of child uct Safety Commission announced that Government leads by example. care. Neglect, whether in infancy or adoles- it had examined 220 licensed child care Mr. President, improving the avail- cence, is the breeding ground of despair, and settings. They found that most con- ability of quality and affordable child

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3788 CONGRESSIONAL RECORD — SENATE April 15, 1999 care should not be a partisan issue. A erate electricity. These two poultry placed in service after the date of the enact- recent Carnegie study found that chil- power plants will, when combined with ment of this Act. dren in poor quality child care are de- a third scheduled to open soon, burn 50 Mr. GRAMS. Mr. President, I am layed in language and reading skills, percent of the UK’s total volume of proud to join Senator ROTH as an origi- and display more aggression toward chicken manure. nal co-sponsor of legislation to amend other children and adults. We should The electricity generated by these Section 45 of the tax code for the pro- not delay one more year while thou- plants will supply enough power for duction of electricity from environ- sands of children are held back because 37,000 homes. These plants have the mentally-friendly methods, including of our inaction in the Congress. support of both the poultry industry poultry litter, the Poultry Electric I thank Senator JEFFORDS for his and the international environmental Power Act. leadership on this issue. community. Mr. President, our nation’s poultry The way this system works is simple. consumption continues to grow in Mr. ROTH (for himself, Mr. JEF- Power stations buy poultry manure rapid numbers. We now produce almost FORDS, Mr. COVERDELL, Mr. from surrounding poultry farmers and 8 billion chickens a year in the United HELMS, Mr. ROBB, Ms. MIKUL- transport it to the power station. At States. My home State of Minnesota is SKI, Mr. BIDEN, Mr. SESSIONS, the station the manure is burned in a now the nation’s largest producer of Mr. HUTCHINSON, Mr. SARBANES, furnace at high temperatures, heating turkeys, with an estimated 44 million Mr. LEAHY, Mr. GRAMS, Mr. water in a boiler to produce steam produced last year alone. According to SHELBY, Mr. MCCONNELL, and which drives a turbine linked to a gen- the Minnesota Turkey Growers Asso- Mr. HARKIN): erator. The electricity is then trans- ciation, Minnesota turkey producers S. 815. A bill to amend the Internal ferred to the local electricity grid for and processors earned 1997 incomes of Revenue Code of 1986 to extend the use by commercial and residential cus- $180 million and spinoff industries credit for producing electricity from tomers. earned $374 million in 1996. In Min- certain renewable resources; to the There are no waste products created nesota, the turkey industry includes Committee on Finance. through this process. Instead, a valu- 2,810 jobs in production and 4,552 jobs in POULTRY ELECTRIC ENERGY POWER (PEEP) ACT able by-product emerges in the form of processing. So, Mr. President, you can Mr. ROTH. Mr. President, I rise a nitrogen-free ash, which is marketed see that the poultry industry is ex- today to reintroduce legislation that as an environmentally friendly fer- tremely important to rural Minnesota. would amend section 45 of the Internal tilizer. I continue to believe that we must Revenue Code to provide a tax credit to The legislation I am introducing explore a wide variety of alternative biomass energy facilities that use poul- today will provide a tax credit to en- energy sources that provide a number try litter as a fuel for generating elec- ergy facilities that use poultry manure of benefits for our nation. First, this tricity. as a fuel to generate electricity. bill will provide another market and I am pleased to report that my bill It will build on concepts in the Tax revenue source for our farmers who so has received even more cosponsors Code that provide incentives for inno- badly need diversified sources of in- than when it was introduced in the vative alternative energy production. come. Second, the bill will assist our 105th Congress. Fourteen of my col- This legislation will provide incen- nation in increasing our energy secu- leagues are joining me as original co- tives for electricity generation that rity. Third, this bill will help to im- sponsors. They include Senators JEF- will not only help dispose of poultry prove the environment not only by pro- FORDS, COVERDELL, HELMS, ROBB, MI- manure, but will also supply our Na- viding a clean energy source, but by as- KULSKI, BIDEN, SESSIONS, HUTCHINSON, tion’s farmers with a clean fertilizer sisting in the disposal of poultry ma- SARBANES, LEAHY, GRAMS, SHELBY, free of nitrates. nure in an environmentally friendly MCCONNELL, and HARKIN. I urge my colleagues to join me in co- way. Fourth, this bill will help create Mr. President, I am bullish on poul- sponsoring my bill, the Poultry Elec- spin-off jobs for our nation’s rural com- try’s future in America. It is hard not tric Energy Power Act. It is important munities—jobs many rural commu- to be with worldwide poultry consump- for future generations that we continue nities badly need. tion growing at double-digit rates. to explore innovative alternative tech- I hope my colleagues will support In the United States, poultry produc- nologies that will help protect our en- this legislation and I want to thank tion has tripled since 1975. We now vironment. Senator ROTH for leading this impor- produce almost 8 billion chickens a Mr. President, I ask unanimous con- tant effort in the Senate. year to feed the growing worldwide de- sent that a copy of the bill be printed mand. in the RECORD. By Mr. DORGAN: In particular, Delaware, Maryland, There being no objection, the bill was S. 816. A bill to amend section 3681 of and Virginia produce some of the ordered to be printed in the RECORD, as title 18, United States Code, relating to world’s finest poultry. Just last year follows: the special forfeiture of collateral prof- Delmarva poultry farmers produced S. 815 its of a crime; to the Committee on the over 600 million chickens. Our poultry Be it enacted by the Senate and House of Judiciary. farmers are among the most productive Representatives of the United States of America FEDERAL SON OF SAM LEGISLATION in Congress assembled, and efficient in the world. Mr. DORGAN. Mr. President, last SECTION 1. SHORT TITLE. year, I introduced a bill to correct As the amount of chickens we This Act may be cited as the ‘‘Poultry produce as a nation has grown, so too Electric Energy Power (PEEP) Act’’. problems with the Federal ‘‘Son of has the need to find creative means for SEC. 2. EXTENSION OF CREDIT FOR PRODUCING Sam’’ law, as those problems were per- disposing of poultry manure. ELECTRICITY FROM CERTAIN RE- ceived by the U.S. Supreme Court. Due to environmental pressures, NEWABLE RESOURCES. Today, I am reintroducing this legisla- spreading manure on land is no longer (a) CREDIT FOR PRODUCING ELECTRICITY tion, which deals with a continuing an option in some areas for our rapidly FROM POULTRY WASTE.—Section 45(c)(1) of problem. The New York statute ana- the Internal Revenue Code of 1986 (defining lyzed by the Supreme Court, as well as growing poultry industry. In those qualified energy resources) is amended by areas, the nutrient runoff from the ma- striking ‘‘and’’ at the end of subparagraph the Federal statute which I seek to nure has been identified as a contrib- (A), by striking the period at the end of sub- amend, forfeited the proceeds from any uting factor in surface and ground- paragraph (B) and inserting ‘‘, and’’, and by expressive work of a criminal, and water pollution. adding at the end the following: dedicated those proceeds to the victims Addressing these water quality prob- ‘‘(C) poultry waste.’’ of the perpetrator’s crime. Because of lems will require a range of innovative (b) EXTENSION OF PLACED IN SERVICE constitutional deficiencies cited by the approaches. One part of the solution DATE.—Section 45(c)(3) of the Internal Rev- Court, the Federal statute has never enue Code of 1986 (defining qualified facility) may be to use poultry manure to gen- is amended by striking ‘‘1999’’ and inserting been applied, and without changes, it is erate electricity. ‘‘2005’’. highly unlikely that it ever will be. The United Kingdom has two utility (c) EFFECTIVE DATE.—The amendments Without this bill, criminals can be- plants that use poultry manure to gen- made by this section shall apply to facilities come wealthy from the fruits of their

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3789 crimes, while victims and families are of profits to those who committed ties during after school hours; to the exploited. crimes against them. I asked for your Committee on Health, Education, The bill I now introduce attempts to support. Labor, and Pensions. correct constitutional deficiencies Mr. President, I ask unanimous con- AFTER SCHOOL AND ANTI-CRIME ACT OF 1999 cited by the Supreme Court in striking sent that the text of the bill be printed Mrs. BOXER. Mr. President, every down New York’s Son of Sam law. In in the RECORD. day, millions of working parents are its decision striking down New York’s There being no objection, the bill was faced with the dilemma of finding con- law, the Court found the state to be ordered to be printed in the RECORD, as structive activities for their school- both over inclusive and under inclu- follows: aged children to become involved in sive: Over inclusive because the statute S. 816 during the after school hours. These included all expressive works, no mat- Be it enacted by the Senate and House of parents know that, when unsupervised, ter how tangentially related to the Representatives of the United States of America the likelihood of their child becoming crime; under inclusive because the in Congress assembled, involved with drugs, alcohol or crimi- statute included only expressive works, SECTION 1. SPECIAL FORFEITURE OF COLLAT- nal activity is increased. In fact, juve- not other forms of property. ERAL PROFITS OF CRIME. nile crime peaks during the hours of 3 To correct the deficiencies perceived Section 3681 of title 18, United States Code, p.m. and 6 p.m.—after school. by the Court, this bill changes signifi- is amended by striking subsection (a) and in- That is why I am introducing a bill cantly the concepts of the Federal stat- serting the following: to help assuage the concerns of par- ‘‘(a) IN GENERAL.— ute. Because the Court criticized the ents, law enforcement and commu- ‘‘(1) FORFEITURE OF PROCEEDS.—Upon the nities to help develop edifying activi- statute for singling out speech, this motion of the United States attorney made bill is all-encompassing: It includes at any time after conviction of a defendant ties for youth during the after school various types of property related to the for an offense described in paragraph (2), and hours. The After School Education and crime from which a criminal might after notice to any interested party, the Anti-Crime Act of 1999 will help give profit. Because the Court criticized the court shall order the defendant to forfeit all our children safe, productive places to statute for being over inclusive, includ- or any part of proceeds received or to be re- go after the school bell rings, which is ing the proceeds from all works, no ceived by the defendant, or a transferee of what ninety-two percent of all Ameri- the defendant, from a contract relating to cans have indicated they strongly sup- matter how remotely connected to the the transfer of a right or interest of the de- crime, this bill limits the property to port. fendant in any property described in para- Not only do after school programs be forfeited to the enhanced value of graph (3), if the court determines that— property attributable to the offense. ‘‘(A) the interests of justice or an order of provide children with activities and Because the Court found fault with the restitution under this title so require; parents with relief, they also help law statute for not requiring a conviction, ‘‘(B) the proceeds (or part thereof) to be enforcement officials connect with this bill requires a conviction. forfeited reflect the enhanced value of the their communities and help them re- The bill also attempts to take advan- property attributable to the offense; and duce incidences of juvenile crime. Sev- tage of the long legal history of for- ‘‘(C) with respect to a defendant convicted eral law enforcement organizations of an offense against a State— have expressed their support of my pro- feiture. Pirate ships and their contents ‘‘(i) the property at issue, or the proceeds were once forfeited to the government. posal and for after school programs, in- to be forfeited, have travelled in interstate cluding the National Association of Po- More recent case law addresses the or foreign commerce or were derived through concept of forfeiting any property used the use of an instrumentality of interstate lice Athletic and Activity Leagues in the commission of drug related or foreign commerce; and (PALS), Fight Crime Invest in Kids, crimes, or proceeds from those crimes. ‘‘(ii) the attorney general of the State has National Sheriffs Association, Major I hope that courts interpreting this declined to initiate a forfeiture action with Cities’ Police Chiefs and other law en- statute will look to this legal history respect to the proceeds to be forfeited. forcement representing California, Illi- ‘‘(2) OFFENSES DESCRIBED.—An offense is nois, Texas, Arizona, Maine and Rhode and find it binding or persuasive. described in this paragraph if it is— The bill utilizes the Commerce Island. ‘‘(A) an offense under section 794 of this This legislation would authorize $600 Clause authority of Congress to forfeit title; million in funding for after-school pro- property associated with State crimes. ‘‘(B) a felony offense against the United grams. These programs, as developed This means that if funds are trans- States or any State; or by communities, will offer positive al- ferred through banking channels, if ‘‘(C) a misdemeanor offense against the ternatives in the after school hours, UPS or FedEx are used, if the airwaves United States or any State resulting in phys- such as mentoring, academic assist- are utilized, or if the telephone is used ical harm to any individual. ‘‘(3) PROPERTY DESCRIBED.—Property is de- ance, recreation, technology and job to transfer the property, to transfer scribed in this paragraph if it is any prop- skills training, and drug, alcohol, and funds, or to make a profit, the property erty, tangible or intangible, including any— gang prevention programs. can be forfeited. In State cases, this ‘‘(A) evidence of the offense; If passed, the funding in this bill bill allows the State Attorney General ‘‘(B) instrument of the offense, including would enable an estimated 1.1 million to proceed first. We do not seek to pre- any vehicle used in the commission of the of- children each year to participate in empt State law, only to see that there fense; ‘‘(C) real estate where the offense was com- after school programs. The demand for is a law in place which will ensure that after school programs is very high. criminals do not profit at the expense mitted; ‘‘(D) document relating to the offense; Last year alone, nearly 2,000 school dis- of their victims and the families of vic- ‘‘(E) photograph or audio or video record- tricts applied for after school federal tims. ing relating to the offense; assistance—of that, only 287 grants One last improvement which this bill ‘‘(F) clothing, jewelry, furniture, or other were awarded. makes over the former statutes: The personal property relating to the offense; We have the opportunity in the 106th old statute included only crime which ‘‘(G) movie, book, newspaper, magazine, Congress to answer the call of commu- resulted in physical harm to another; radio or television production, or live enter- nities all across America that under- this bill includes other crimes. Exam- tainment of any kind depicting the offense stand the importance of—and need or otherwise relating to the offense; ples of crimes probably not included for—after school programs for kinder- under the old statute, but included ‘‘(H) expression of the thoughts, opinions, or emotions of the defendant regarding the garten, elementary and secondary here are terrorizing, kidnaping, bank offense; or school students. After school programs robbery, and embezzlement. ‘‘(I) other property relating to the of- are anti-crime, pro-education, pro-com- Mr. President, our Federal statute, fense.’’. munity, and make common sense. enacted to ensure that criminals not I urge my colleagues to support this profit at the expense of their victims By Mrs. BOXER: legislation. I ask unanimous consent and victim’s families, is not used today S. 817. A bill to improve academic that the text of the bill be printed in because it is perceived to be unconsti- and social outcomes for students and the RECORD. tutional. I believe victims of crime de- reduce both juvenile crime and the risk There being no objection, the bill was serve quick action on this bill, drafted that youth will become victims of ordered to be printed in the RECORD, as to ensure that they are not the source crime by providing productive activi- follows:

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3790 CONGRESSIONAL RECORD — SENATE April 15, 1999 S. 817 (B) by striking ‘‘United States,’’ and all ‘‘(B) may include— Be it enacted by the Senate and House of that follows through ‘‘a State’’ and inserting ‘‘(i) drug, alcohol, and gang prevention ac- Representatives of the United States of America ‘‘United States’’; and tivities; in Congress assembled, (3) in subsection (c), by striking ‘‘3’’ and ‘‘(ii) health and nutrition counseling; and SECTION 1. SHORT TITLE. inserting ‘‘5’’. ‘‘(iii) job skills preparation activities. ‘‘(b) LIMITATION.—Not less than 2⁄3 of the This Act may be cited as the ‘‘After School SEC. 6. APPLICATIONS. amount appropriated under section 10907 for Education and Anti-Crime Act of 1999’’. Section 10904 of the 21st Century Commu- nity Learning Centers Act (20 U.S.C. 8244) is each fiscal year shall be used for after school SEC. 2. PURPOSE. amended— programs, as described in paragraph (14). The purpose of this Act is to improve aca- (1) by redesignating subsection (b) as sub- Such programs may also include activities demic and social outcomes for students and section (c); described in paragraphs (1) through (13) that reduce both juvenile crime and the risk that (2) in subsection (a)— offer expanded opportunities for children or youth will become victims of crime by pro- (A) in the matter preceding paragraph (1)— youth.’’. viding productive activities during after (i) in the first sentence, by striking ‘‘an el- SEC. 8. ADMINISTRATION. school hours. ementary or secondary school or consor- Section 10905 of the 21st Century Commu- SEC. 3. FINDINGS. tium’’ and inserting ‘‘a local educational nity Learning Centers Act (20 U.S.C. 8245) is Congress makes the following findings: agency’’; and amended by adding at the end the following: (1) Today’s youth face far greater social (ii) in the second sentence, by striking ‘‘(c) ADMINISTRATION.—In carrying out the risks than did their parents and grand- ‘‘Each such’’ and inserting the following: activities described in subsection (a), a local parents. ‘‘(b) CONTENTS.—Each such’’; and educational agency or school shall, to the (2) Students spend more of their waking (3) in subsection (b) (as so redesignated)— greatest extent practicable— hours alone, without supervision, compan- (A) in paragraph (1), by striking ‘‘or con- ‘‘(1) request volunteers from business and ionship, or activity, than the students spend sortium’’; academic communities, and law enforcement in school. (B) in paragraph (2), by striking ‘‘and’’ organizations, such as Police Athletic and (3) Law enforcement statistics show that after the semicolon; and Activity Leagues, to serve as mentors or to youth who are ages 12 through 17 are most at (C) in paragraph (3)— assist in other ways; risk of committing violent acts and being (i) in subparagraph (B), by inserting ‘‘, in- ‘‘(2) ensure that youth in the local commu- victims of violent acts between 3 p.m. and 6 cluding programs under the Child Care and nity participate in designing the after school p.m. Development Block Grant Act of 1990 (42 activities; (4) The consequences of academic failure U.S.C. 9858 et seq.)’’ after ‘‘maximized’’; ‘‘(3) develop creative methods of con- are more dire in 1999 than ever before. (ii) in subparagraph (C), by inserting ‘‘stu- ducting outreach to youth in the commu- (5) After school programs have been shown dents, parents, teachers, school administra- nity; in many States to help address social prob- tors, local government, including law en- ‘‘(4) request donations of computer equip- lems facing our Nation’s youth, such as forcement organizations such as Police Ath- ment and other materials and equipment; drugs, alcohol, tobacco, and gang involve- letic and Activity Leagues,’’ after ‘‘agen- and ment. cies,’’; ‘‘(5) work with State and local park and (6) Many of our Nation’s governors endorse (iii) in subparagraph (D), by striking ‘‘or recreation agencies so that activities carried increasing the number of after school pro- consortium’’; and out by the agencies prior to the date of en- grams through a Federal/State partnership. (iv) in subparagraph (E)— actment of this subsection are not dupli- (7) Over 450 of the Nation’s leading police (I) in the matter preceding clause (i), by cated by activities assisted under this part.’’. chiefs, sheriffs, and prosecutors, along with striking ‘‘or consortium’’; and SEC. 9. COMMUNITY LEARNING CENTER DE- presidents of the Fraternal Order of Police (II) in clause (ii), by striking the period FINED. and the International Union of Police Asso- and inserting a semicolon; and Section 10906 of the 21st Century Commu- ciations, which together represent 360,000 po- (E) by adding at the end the following: nity Learning Centers Act (20 U.S.C. 8246) is lice officers, have called upon public officials ‘‘(4) information demonstrating that the amended in paragraph (2) by inserting ‘‘, in- to provide after school programs that offer local educational agency will— cluding law enforcement organizations such recreation, academic support, and commu- ‘‘(A) provide not less than 35 percent of the as the Police Athletic and Activity League’’ nity service experience, for school-age chil- annual cost of the activities assisted under after ‘‘governmental agencies’’. dren and teens in the United States. the project from sources other than funds SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (8) One of the most important investments provided under this part, which contribution Section 10907 of the 21st Century Commu- that we can make in our children is to en- may be provided in cash or in kind, fairly nity Learning Centers Act (20 U.S.C. 8247) is sure that they have safe and positive learn- evaluated; and amended by striking ‘‘$20,000,000 for fiscal ing environments in the after school hours. ‘‘(B) provide not more than 25 percent of year 1995’’ and all that follows and inserting SEC. 4. GOALS. the annual cost of the activities assisted ‘‘$600,000,000 for each of fiscal years 2000 The goals of this Act are as follows: under the project from funds provided by the through 2004, to carry out this part.’’. (1) To increase the academic success of stu- Secretary under other Federal programs that SEC. 11. EFFECTIVE DATE. dents. permit the use of those other funds for ac- This Act, and the amendments made by (2) To promote safe and productive envi- tivities assisted under the project; and this Act, take effect on October 1, 1999. ronments for students in the after school ‘‘(5) an assurance that the local edu- hours. cational agency, in each year of the project, By Mr. DEWINE (for himself and (3) To provide alternatives to drug, alco- will maintain the agency’s fiscal effort, from Mr. REID): hol, tobacco, and gang activity. non-Federal sources, from the preceding fis- (4) To reduce juvenile crime and the risk cal year for the activities the local edu- S. 818. A bill to require the Secretary that youth will become victims of crime dur- cational agency provides with funds provided of Health and Human Services to con- ing after school hours. under this part.’’. duct a study of the mortality and ad- SEC. 5. PROGRAM AUTHORIZATION. SEC. 7. USES OF FUNDS. verse outcome rates of Medicare pa- Section 10903 of the 21st Century Commu- Section 10905 of the 21st Century Commu- tients related to the provision of anes- nity Learning Centers Act (20 U.S.C. 8243) is nity Learning Centers Act (20 U.S.C. 8245) is thesia services; to the Committee on amended— amended— Finance. (1) in subsection (a)— (1) by striking the matter preceding para- f (A) in the subsection heading, by inserting graph (1) and inserting: ‘‘TO LOCAL EDUCATIONAL AGENCIES FOR ‘‘(a) IN GENERAL.—Grants awarded under THE SAFE SENIORS ASSURANCE SCHOOLS’’ after ‘‘SECRETARY’’; and this part may be used to establish or expand STUDY ACT OF 1999 (B) by striking ‘‘rural and inner-city pub- community learning centers. The centers lic’’ and all that follows through ‘‘or to’’ and may provide 1 or more of the following ac- Mr. DEWINE. Mr. President, today I inserting ‘‘local educational agencies for the tivities:’’; rise to introduce the ‘‘Safe Seniors As- support of public elementary schools or sec- (2) in subsection (a)(11) (as redesignated by surance Study Act of 1999.’’ I am joined ondary schools, including middle schools, paragraph (1)), by inserting ‘‘, and job skills in this effort by my colleague, Senator that serve communities with substantial preparation’’ after ‘‘placement’’; and REID from Nevada. This bill would re- needs for expanded learning opportunities for (3) by adding at the end the following: quire that the Secretary of Health and children and youth in the communities, to ‘‘(14) After school programs, that— Human Services conduct a study and enable the schools to establish or’’; and ‘‘(A) shall include at least 2 of the fol- analyze the impact of physician super- (C) by striking ‘‘a rural or inner-city com- lowing— munity’’ and inserting ‘‘the communities’’; ‘‘(i) mentoring programs; vision, or lack of physician super- (2) in subsection (b)— ‘‘(ii) academic assistance; vision, on death rates of Medicare pa- (A) by striking ‘‘States, among’’ and in- ‘‘(iii) recreational activities; or tients associated with the administra- serting ‘‘States and among’’; and ‘‘(iv) technology training; and tion of anesthesia services. Since the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3791 Medicare program began, the Health study of Medicare patients, and com- including HCFA—is in a position to Care Financing Adminstration’s plete it by June 30, 2000. That bill cur- judge the merits of this proposed rule (HCFA) standards for hospitals and am- rently has about 37 cosponsors—Repub- change without first gathering and bulatory surgical centers have required licans and Democrats. This is not a then analyzing up-to-date scientific that a physician either provide the an- partisan issue, but an issue about safe- evidence. Only then can patients be esthesia care or supervise the anes- ty. The bill that I am introducing with confident in the safety and quality of thesia care provided by nurse anes- my colleague, Senator HARRY REID their anesthesia care. I urge my col- thetists. This requirement has also ap- today, is very similar to the Weldon/ leagues to support this important leg- plied to the Medicaid program. Green bill in the House. Our Senate islation. The very old and the very young, version would only require that the both covered by these two federal in- Secretary of HHS consider the results By Mr. GRAHAM (for himself and surance programs, represent the seg- of the June 2000 study in deciding Mr. REID): ments of our population that, on aver- whether or not to implement its 1997 S. 819. A bill to provide funding for age, face the highest anesthesia risks. proposal. the National Park System from outer The two programs cover over 40 million Physician anesthesiologists person- Continental Shelf revenues; to the Americans. ally provide, or supervise anesthesia Committee on Energy and Natural Re- In December 1997, HCFA proposed administration by a qualified non-phy- sources. changes to its standards for hospitals sician, 90% of the anesthesia care in NATIONAL PARK PRESERVATION ACT and surgical centers. Included in these this country. In the rest of the cases, Mr. GRAHAM. Mr. President, Mem- proposed changes was the elimination supervision is provided by the oper- ber of the Senate, I am today intro- of the physician supervision require- ating practitioner. Under the Medicare ducing the National Park Preservation ment, leaving to state governments the program, there is no additional cost for Act with my colleague Senator REID of decision whether physician supervision having an anesthesiologist provide or Nevada. This legislation will preserve of nurse anesthetists was necessary. In supervise the anesthesia care versus and protect threatened or impaired issuing its proposed changes, HCFA of- having a non-physician provide the an- ecosystems, critical habitats, and cul- fered no scientific data indicating that esthesia under the supervision of the tural and other core park resources anesthesia safety would not be im- operating practitioner. The proposed within our National Park System. paired as a result of the changed rule, HCFA rule change does not, therefore, As you are all aware, the National and has offered no such data to this generate any cost savings. Park Service has a presence in vir- day. Anesthesiologists are physicians tually every state in the nation. There In 1992, HCFA considered a similar who, after four years of pre-medical are a total of 345 units in the national change, but rejected it. After reviewing training in college, have completed park system spread throughout the na- the studies available at the time show- eight years of medical education and tion. My home state of Florida is home ing anesthesia outcomes, HCFA con- specialized residency training. This is to three National Parks—Everglades, cluded: ‘‘In consideration of the risks in contrast to the 24 to 30 months of Biscayne, and Dry Tortugas; two Na- associated with anesthesia procedures, training received by nurse anesthetists tional Preserves—Big Cypress and we believe it would not be appropriate after nursing school—in fact, about Timucuan Ecological and Historical to allow anesthesia administration by 37% of nurse anesthetists have not Preserve; two National Seashores—Ca- a non-physician anesthetist unless graduated from college. naveral and Gulf Islands; two National under supervision by an anesthesiol- The American Medical Association’s Monuments—Castillo de San Marcos ogist or the operating practitioner.’’ House of Delegates last December ap- and Fort Matanzas; and two National HCFA also declined to adopt as a ‘‘na- proved a resolution supporting legisla- Memorials—DeSoto and Fort Caroline. tional minimum standard of care, a tion requiring that an appropriately li- Although these National Parks are practice that is allowed in only some censed and credentialed physician ad- treasured throughout the nation, ev- states.’’ minister or supervise anesthesia care. eryday activities often threaten the re- In the only comparative anesthesia National surveys of Medicare bene- sources of our park system. For exam- outcome study published since 1992, re- ficiaries performed by the Tarrance ple, in Yellowstone National Park an searchers found that outcomes were Group in January 1998 and 1999 show inadequate sewage system frequently better in hospitals having Board-cer- that 4 out of 5 seniors oppose the elimi- discharges materials into precious re- tified anesthesiologists on staff. In the nation of the current physician super- sources such as Yellowstone Lake. De- Fall of last year, an abstract of a Uni- vision requirement. velopment surrounding Mojave Na- versity of Pennsylvania study of 65,000 Let’s err on the side of safety and tional Park threatens the park’s desert Medicare surgical cases indicated that caution by requiring that the Sec- wilderness. Ground-level ozone accu- mortality and ‘failure to rescue’ rates retary of HHS conduct a study on the mulating at Great Smoky Mountains significantly improved when a nurse mortality and death rates of Medicare National Park threatens the park’s anesthetist was supervised by an anes- patients associated with the adminis- core resource—visibility. Manipulation thesiologist rather than the operating tration of anesthesia care by different of the natural hydrologic system im- surgeon. This latter study is expected providers. Analyzing the impact of pacts water quality and water avail- to be published in final form later this physician supervision on anesthesia ability in Everglades National Park. year. care and requiring the Secretary to The Graham-Reid National Park The Conference Report on the Fiscal simply consider the results of that Preservation Act will preserve and pro- Year 1999 Omnibus Appropriations study in determining whether or not to tect threatened or impaired eco- measure recommended that HCFA change current regulations to allow systems, critical habitat, cultural re- ‘‘base retaining or changing the cur- unsupervised nurse anesthetists to ad- sources and other core resources within rent requirement of physician super- minister anesthesia services, is the our National Park System. The bill vision. . .on scientifically valid out- very least we can do to ensure that we will establish a permanent account comes data.’’ The Report suggested ‘‘an are making safe changes to existing using Outer Continental Shelf revenues outcome approach that would examine, regulations—changes that HCFA re- to provide $500 million annually to the using existing operating room anes- jected in 1992 when studies of anes- Department of Interior to protect and thesia data, mortality and adverse out- thesia outcomes were up-to-date and preserve these resources. These funds comes rates by different anesthesia available. will be made available for projects such providers, adjusted to reflect relevant If HCFA is going to now change its as land acquisition, construction, scientific variables.’’ policy in 1999, we should ask HCFA to grants to state or local governments, A bill was introduced in the House in show us the scientific and clinical data or partnerships with other federal early February by Representatives behind its decision to ensure that the agencies that seek to combat identified DAVE WELDON and GENE GREEN that safety of our most vulnerable popu- threats to ecosystems, critical habi- would require HCFA to undertake the lations—our children and our elderly— tats, cultural resources, and other core congressionally-recommended outcome are adequately protected. None of us— park resources. In this legislation, I

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3792 CONGRESSIONAL RECORD — SENATE April 15, 1999 also continue my longstanding efforts I look forward to working with each (A) shall be used only to address identified to protect Florida’s coastal resources of you as we seek to protect and pre- threats and impairments described in para- by making revenues from any new oil serve the ecosystems, critical habitat, graph (1), including use for land acquisition, and gas leases or from development of cultural resources and other core re- construction, grants to State, local, or mu- nicipal governments, or partnerships with any existing leases in a moratorium sources within our National Park Sys- other Federal agencies or nonprofit organiza- area ineligible for expenditure in this tem. tions; and account. Mr. President, I ask unanimous con- (B) shall not be directed to other oper- Thirty percent of the $500 million sent that the text of the bill be printed ational or maintenance needs of units of the will be available for park units threat- in the RECORD. National Park System. ened or impaired by activities occur- There being no objection, the bill was (3) ALLOCATION.—Of the amounts made ring within the unit such as sewage ordered to be printed in the RECORD, as available under subsection (b)— treatment at Yellowstone Park. Sev- follows: (A) 30 percent shall be available for ex- enty percent of the $500 million will be penditure in units of the National Park Sys- S. 819 tem with ecosystems, critical habitat, cul- available for park units threatened or Be it enacted by the Senate and House of Rep- tural resources, or other core park resources impaired by activities occurring out- resentatives of the United States of America in threatened or impaired by activities occur- side of the unit, such as degradation of Congress assembled, ring inside the unit; and water resources at Everglades National SECTION 1. SHORT TITLE. (B) 70 percent shall be available for expend- Park. This Act may be cited as the ‘‘Act to Sus- iture in units of the National Park System Of these funds, the legislation spe- tain the National Parks’’. with ecosystems, critical habitat, cultural resources, or other core park resources cifically provides $75 million to the Ev- SEC. 2. DEDICATION OF A PORTION OF OUTER erglades restoration effort as the key- CONTINENTAL SHELF REVENUES TO threatened or impaired by activities occur- ring outside the unit (including $150,000,000 note project of the legislation. THE NATIONAL PARK SERVICE. (a) DEFINITIONS.—In this Act: for each of fiscal years 2000 through 2015 for The Everglades National Park is one the Federal share of the Everglades and component of the Everglades eco- (1) LEASED TRACT.—The term ‘‘leased tract’’ means a tract leased under section 8 South Florida ecosystem restoration project system which stretches from the Kis- of the Outer Continental Shelf Lands Act (43 under the comprehensive plan developed simmee River basin near Orlando and U.S.C. 1337) for the purpose of drilling for, under section 528 of the Water Resources De- all the way to Florida Bay and Keys. It developing, and producing oil and natural velopment Act of 1996 (110 Stat. 3767)). is the only ecosystem of its kind in the gas resources, consisting of a block, a por- (d) CONFORMING AMENDMENT.—Section 9 of world. It is the largest wetland and tion of a block, or a combination of blocks or the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended by striking ‘‘All subtropical wilderness in the United portions of blocks, as specified in the lease and as depicted on an Outer Continental rentals’’ and inserting ‘‘Except as provided States. It is home to a unique popu- in section 2 of the National Park Preserva- lation of plant and wildlife. The water Shelf Official Protraction Diagram. (2) OUTER CONTINENTAL SHELF.—The term tion Act, all rentals’’. in this system is the lifeblood of the ‘‘outer Continental Shelf’’ has the meaning freshwater aquifer that provides most given the term in section 2 of the Outer Con- By Mr. CHAFEE (for himself, Mr. of Florida’s drinking water. tinental Shelf Lands Act (43 U.S.C. 1331). BREAUX, and Mr. JEFFORDS); For more than a century, this eco- (3) OUTER CONTINENTAL SHELF REVENUES.— S. 820. A bill to amend the Internal system has been altered to facilitate (A) IN GENERAL.—The term ‘‘outer Conti- Revenue Code of 1986 to repeal the 4.3- development and protect against hurri- nental Shelf revenues’’ means all amounts cent motor fuel excise taxes on rail- canes and droughts. Today, almost 50% received by the United States from leased roads and inland waterway transpor- of the original Everglades has been tracts, less— tation which remain in the general drained or otherwise altered. The re- (i) such amounts as are credited to States fund of the Treasury; to the Committee under section 8(g) of the Outer Continental maining Everglades, and in particular, Shelf Lands Act (43 U.S.C. 1337(g)); and on Finance. the regions located within Everglades (ii) such amounts as are needed for adjust- THE TRANSPORTATION TAX EQUITY AND National Park, are severely threatened ments or refunds of overpayments for rents, FAIRNESS ACT by nutrient-rich water, interrupted hy- royalties, or other purposes. Mr. CHAFEE. Mr. President, today I drology, decreased water supply, exotic (B) INCLUSIONS.—The term ‘‘outer Conti- am introducing legislation, along with plants, and mercury contamination. nental Shelf revenues’’ includes royalties Senators BREAUX and JEFFORDS, to cor- On July 1 the Army Corps of Engi- (including payments for royalty taken in rect an inequity that currently exists neers will submit to Congress an Ever- kind and sold), net profit share payments, with the taxes imposed on transpor- and related late-payment interest from nat- glades restoration plan, termed the ural gas and oil leases issued under the Outer tation fuels. ‘‘Restudy’’ by the Water Resources De- Continental Shelf Lands Act (43 U.S.C. 1331 In 1990 Congress extended fuel taxes velopment Act of 1996. This plan re- et seq.) for a leased tract. beyond their traditional role as trans- views the original Central and South (C) EXCLUSIONS.—The term ‘‘outer Conti- portation user fees by introducing a 2.5 Florida Flood Control project which nental Shelf revenues’’ does not include cents-per-gallon federal deficit reduc- was initiated in the 1940s by the Army amounts received by the United States tion tax on railroad and highway fuels. Corps and has been the source of the under— These taxes were enacted as part of ecosystem manipulation that occurred (i) any lease issued on or after the date of legislation that was designed to reduce enactment of this Act; in Florida since that time. The Re- (ii) any lease under which no oil or gas pro- the federal budget that existed at that study outlines the basic elements of a duction occurred before January 1, 1999; or time. plan to restore the Everglades as close- (iii) any lease in an area for which there is In 1993, Congress increased these ly to their natural state as possible. in effect a moratorium on leasing or drilling ‘‘deficit reduction fuel taxes’’ and ex- This is a difficult and complex task on the outer Continental Shelf. tended them to inland waterway users since the original area of the Ever- (b) SEPARATE ACCOUNT.—Of the amount of and commercial airlines. The taxes im- glades was reduced by 50% with the de- outer Continental Shelf revenues received by posed on barges went into effect imme- velopment of both coasts as large met- the Secretary of the Interior during each fis- diately, while those affecting the air- cal year, $500,000,000 shall be deposited in a ropolitan areas. Costs of execution of separate account in the Treasury of the lines were delayed for 2 years. As a re- this plan will be shared on a 50-50 basis United States and shall, without further Act sult of these two pieces of legislation a with the state of Florida. of appropriation, be available to the Sec- deficit reduction fuel tax of 6.8 cents There has never been a restoration retary of the Interior in subsequent fiscal per gallon was imposed on railroads project of this size in the history of the years until expended. and trucks, 4.3 cents per gallon on United States or the world. This is an (c) THREATENED PARK RESOURCES.— barges, and a suspended 4.3 cents per opportunity to preserve a national (1) IN GENERAL.—The amounts made avail- gallon tax on airlines. treasure that was destroyed by our own able under subsection (b) shall be available Beginning in 1995, however, Congress actions in the past. The bill we will in- for expenditure in units of the National Park began to redirect these taxes for other System that have ecosystems, critical habi- troduce today will provide dedicated tat, cultural resources, or other core park re- uses. The first step was taking 2.5 cents funds for the federal share of the land sources that are threatened or impaired. of the amount paid by highway users acquisition portions of this project (2) IDENTIFIED THREATS.—The amounts and transferring it to the Highway which is so critical to the nation. made available under subsection (b)— Trust Fund. The Highway Trust Fund,

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3793 as many of my colleagues know, is the law enforcement for nothing more than of some police officials to undermine principal source of money used for the color of their skin. The offense of these achievements, and we should highway infrastructure. Taxes paid ‘‘D.W.B.’’ or ‘‘Driving While Black’’ is work to ensure that minority motor- into this trust fund by highway users well known to minorities, and the fact ists are no longer subjected to unwar- results in a direct benefit to them by that this term has entered the common ranted traffic stops. being recycled back into improvements vocabulary demonstrates the perva- I urge my colleagues to support this to our nation’s roads and bridges. siveness of the problem. measure, and help protect the civil Recognizing that this transfer would In my home state and other states rights of all Americans. I ask unani- place the railroad industry—a direct along the Interstate–95 corridor, there mous consent that the text of the bill have been many serious and credible competitor of the trucking industry— be printed in the RECORD. at a competitive disadvantage, Con- allegations of racial profiling. For ex- There being no objection, the bill was gress reduced the deficit reduction tax ample, statistics recently released by ordered to be printed in the RECORD, as paid by railroads by 1.25 cents. As a re- the state of New Jersey, reveal that 73 follows: sult of these changes, then, highway percent of motorists arrested on the users, commerical airlines and inland New Jersey turnpike in early 1997 were S. 821 waterway users paid a deficit reduction minorities. Similarly, a court-ordered Be it enacted by the Senate and House of tax of 4.3 cents while railroads paid a study in Maryland found that more Representatives of the United States of America tax of 5.55 cents. than 70 percent of drivers stopped on in Congress assembled, The 1997 Taxpayer Relief Act further Interstate–95 were African American SECTION 1. SHORT TITLE. disadvantaged the railroad and inland though they made up only 17.5 percent This Act may be cited as the ‘‘Traffic waterway sectors by relieving highway of drivers. Stops Statistics Study Act of 1999’’. users and commercial airlines from the Not surprisingly, the practice of ra- cial profiling has led to litigation. In SEC. 2. ATTORNEY GENERAL TO CONDUCT remaining 4.3 cent deficit reduction STUDY. fuel tax. Instead of these funds going the case of State versus Soto, a state court judge ruled that troopers were (a) STUDY.— into the General Fund of the Treasury, (1) IN GENERAL.—The Attorney General the taxes paid by these sectors were re- engaging in racial profiling on the shall conduct a nationwide study of stops for directed to their respective trust funds. southernmost segment of the New Jer- traffic violations by law enforcement offi- I have a chart that I will ask be in- sey Turnpike. That decision spurred cers. cluded with my statement that shows the United States Department of Jus- (2) INITIAL ANALYSIS.—The Attorney Gen- the evolution of deficit reduction fuel tice to begin a ‘‘pattern and practice’’ eral shall perform an initial analysis of ex- excise taxes over the past decade. investigation, in December 1996, to de- isting data, including complaints alleging Today, two sectors of the transpor- termine whether the New Jersey State and other information concerning traffic stops motivated by race and other bias. tation industry—railroads and inland Police had violated the constitutional (3) DATA COLLECTION.—After completion of waterway users—pay ‘‘deficit reduc- rights of minority motorists. The De- the initial analysis under paragraph (2), the tion’’ taxes even though we no longer partment of Justice is also inves- Attorney General shall then gather the fol- have a deficit. Furthermore, these sec- tigating police agencies in Eastpointe, lowing data on traffic stops from a nation- tors are required to continue paying Michigan, and Orange County, Florida. wide sample of jurisdictions, including juris- these taxes even though their competi- Additionally, a number of individuals dictions identified in the initial analysis: tors do not. and organizations have filed private (A) The traffic infraction alleged to have There is absolutely no policy ration- lawsuits seeking to end the inappro- been committed that led to the stop. ale for railroads and barge operators to priate use of racial profiling. (B) Identifying characteristics of the driv- While litigation may bring about er stopped, including the race, gender, eth- pay deficit reduction fuel taxes while nicity, and approximate age of the driver. motor carriers and commerical airlines limited reforms, it is clear that Con- (C) Whether immigration status was ques- are required to pay nothing. gress must develop a nationwide ap- tioned, immigration documents were re- We believe the time has come to cor- proach. The legislation I am intro- quested, or an inquiry was made to the Im- rect this unfairness. This bill levels the ducing today will help define the scope migration and Naturalization Service with playing field by repealing the remain- of the problem, increase police aware- regard to any person in the vehicle. ing 4.3 cent tax paid by the railroads ness, and suggest whether additional (D) The number of individuals in the and inland waterway users. steps are necessary. It would require stopped vehicle. I urge all of my colleagues to our leg- that the Attorney General collect data (E) Whether a search was instituted as a result of the stop and whether consent was islation. Mr. President, I ask that the on traffic stops and report the results requested for the search. chart be included in the RECORD. to Congress. Because better relations (F) Any alleged criminal behavior by the The chart follows: between police and citizens will help driver that justified the search. ease racial tensions, the measure will (G) Any items seized, including contraband DEFICIT REDUCTION FUEL EXCISE TAXES PAID BY THE also authorize grants to law enforce- or money. VARIOUS TRANSPORTATION SECTORS BY YEAR ment agencies for the development of (H) Whether any warning or citation was issued as a result of the stop. 1990 1993 1995 1997 1999 better training programs and policing strategies. (I) Whether an arrest was made as a result of either the stop or the search and the jus- Highway Users ...... 2.5 6.8 4.3 0 0 In recent decades, we have made Railroads ...... 2.5 6.8 5.55 5.55 4.3 tification for the arrest. Barges ...... 0 4.3 4.3 4.3 4.3 great progress in strengthening the (J) The duration of the stop. Commercial Airlines ...... 0 0 4.3 0 0 civil rights of all Americans. Many (b) REPORTING.—Not later than 120 days dedicated law enforcement officials after the date of enactment of this Act, the By Mr. LAUTENBERG (for him- have contributed greatly to this effort Attorney General shall report the results of self, Mr. FEINGOLD, Mr. KEN- by applying the law fairly and working its initial analysis to Congress, and make NEDY, and Mr. TORRICELLI): to strengthen the bonds of trust in the such report available to the public, and iden- S. 821. A bill to provide for the collec- communities they serve. To their cred- tify the jurisdictions for which the study is tion of data on traffic stops; to the it, some police agencies have spoken to be conducted. Not later than 2 years after Committee on the Judiciary. out against the practice of racial the date of the enactment of this Act, the Attorney General shall report the results of TRAFFIC STOPS STATISTICS STUDY ACT OF 1999 profiling. In New Jersey, the State the data collected under this Act to Con- Mr. LAUTENBERG. Mr. President, I Troopers Fraternal Association, the gress, a copy of which shall also be published rise to introduce legislation that will State Troopers Non-Commissioned Of- in the Federal Register. help our nation deal with the problem ficers Association, and the State SEC. 3. GRANT PROGRAM. of racial profiling during traffic stops. Troopers Superior Officers Association I am pleased to be joined in this effort have stated that ‘‘anyone out there In order to complete the study described in section 2, the Attorney General may provide by Senators FEINGOLD, KENNEDY, and using racial profiling or in any way grants to law enforcement agencies to col- TORRICELLI. misusing or abusing their position, lect and submit the data described in section Across the country, too many motor- must be identified and properly dealt 2 to the appropriate agency as designated by ists fear that they will be stopped by with.’’ But we cannot allow the actions the Attorney General.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3794 CONGRESSIONAL RECORD — SENATE April 15, 1999 SEC. 4. LIMITATION ON USE OF DATA. rican-Americans make up only 17 per- partment obtains over the next two Information released pursuant to section 2 cent of the state’s population. The in- years, we will get a clear picture of the shall not reveal the identity of any indi- nocent people who are inevitably prevalence of the practice of pulling vidual who is stopped or any law enforce- caught in these racially motivated people over because of their skin color ment officer involved in a traffic stop. stops feel like they are being punished or apparent ethnicity. A version of this SEC. 5. DEFINITIONS. For purposes of this Act: for what is now called ‘‘DWB’’—‘‘Driv- bill passed the House last year, but (1) LAW ENFORCEMENT AGENCY.—The term ing While Black,’’ or ‘‘Driving While died in the Senate. The simultaneous ‘‘law enforcement agency’’ means an agency Brown.’’ introduction of this bill in the Senate of a State or political subdivision of a State, Mr. President, by and large when mi- and the House shows that we are seri- authorized by law or by a Federal, State, or norities are stopped by law enforce- ous about sending this to the Presi- local government agency to engage in or su- ment officers, they are not attorneys, dent’s desk. I urge my colleagues in the pervise the prevention, detection, or inves- and they may not know or assert all of Senate to join with us to enact this tigation of violations of criminal laws, or a their rights—they are scared and they legislation. federally recognized Indian tribe. are resentful. And rightly so, when It is high time to put a stop to this (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian or Alaska Native tribe, they have been the victim of racial blatant and offensive practice, which is band, nation, pueblo, village, or community profiling. Is this the way we want to taking some law enforcement officers, that the Secretary of the Interior acknowl- stop the flow of drugs in America? By and the rest of us, down a dangerous edges to exist as an Indian tribe. randomly targeting racial and ethnic and discriminatory road. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. minorities who are doing nothing more There are authorized to be appropriated suspicious than driving their cars? Do By Mr. SPECTER: such sums as may be necessary to carry out we want law-abiding American citizens S. 822. A bill to amend the Internal Revenue Code of 1986 to impose a flat this Act. to feel as though they are living in a tax only on individual taxable earned Mr. FEINGOLD. Mr. President, I am police state, scared and reluctant to income and business taxable income, pleased to join my friend the senior travel in their cars for fear of being and for other purposes; to the Com- Senator from New Jersey (Mr. LAUTEN- stopped and searched for no reason? mittee on Finance. BERG) in introducing the Traffic Stops While African-Americans make up Statistics Act of 1999. This legislation under 20% of the American population, FLAT TAX ACT OF 1999 represents a substantial step toward several local studies like the Maryland Mr. SPECTER. Mr. President, I have ending an insidious form of discrimina- one I mentioned earlier indicate that sought recognition to introduce legis- tion that is plaguing African-American they make up a much greater percent- lation on a flat tax. This, of course, is and Hispanic drivers on our roadways— age of all routine traffic stops, and are a famous day, April 15, the day when racial profiling. Most law enforcement far more likely to be searched and sub- Federal income tax returns are due. officers do their best to respect and sequently arrested. In my own home Across this land for many days, many protect the rights of their fellow citi- state of Wisconsin, a 1996 study by the weeks, some months, Americans have zens, but it has become undeniable that Madison Capital Times revealed that been struggling with their tax returns. As we speak, some may have on C– racial profiling has become a disturb- African-Americans receive 13% of SPAN2 quietly while they are working ingly common practice. Madison’s traffic tickets, despite the on their returns at this very moment. Racial profiling is the practice of fact that they make up only 4% of the pulling over African American, His- I recall seeing long lines at the Phila- city’s population, In Florida, the Or- delphia post office near midnight on in- panic, and other minority drivers for lando Sentinel newspaper obtained come tax day when cars were lined up routine traffic stops as a premise for more than 140 hours of videotapes from and people were dropping off their tax conducting a search for drugs. They police patrol cars showing drivers returns at the post office to beat the might be driving just like any ordinary being stopped on Interstate 95. About filing deadline. driver, and so they might be surprised 70% of the drivers stopped were black This is a good occasion to talk about to be pulled over. ‘‘Was I speeding?’’ or Hispanic, even though they made up the flat tax which permits taxpayers to they ask. Often, they are told that they only 5% of all drivers on the road. And report their income on a postcard. It have committed some minor traffic in- in New Jersey, a recent study suggests can actually be done in the course of fraction that most people are not even that African Americans are almost five some 15 minutes. I filed my tax return aware of—sometimes, the infraction is times as likely to be stopped for speed- and sent it off yesterday. It is very just a pretext—they might be told that ing as drivers of other races. complicated. They say it takes a Phila- their tire tread is not of the correct Dr. Martin Luther King, Jr., said delphia lawyer to fill out a tax return. depth, or that they have a bumper that ‘‘injustice anywhere is a threat to I think it takes more than a Philadel- sticker affixed incorrectly. Any such justice everywhere.’’ As Americans, we phia lawyer to fill out a Federal in- infraction can be alleged in order to should all feel threatened when any come tax return, and we have labored pull over a target of racial profiling, one of us is denied our personal liberty. under the complexities of the Internal and as a premise to ask for a search. Just last week, the United States Su- Revenue Code for far too long. Many people are not aware that they preme Court took yet another step to- I first introduced this legislation in have the right to refuse a search, and ward eradicating our Fourth Amend- March of 1995. I was the second one in many innocent people are afraid that ment rights against the invasion of our the Congress of the United States to saying no will make them look guilty. privacy. It held in Wyoming versus introduce flat-tax legislation. The ma- The reality is, if they do refuse a Houghton that police can search the jority leader, DICK ARMEY, had intro- search, victims can sometimes look personal belongings of all passengers duced the flat tax in the House of Rep- forward to being detained anyway inside a car when looking for criminal resentatives the preceding fall. I stud- while a canine unit comes out to sniff evidence against the driver. I fear that ied it. I studied the model of Professor for drugs. That is what happened to at- this will send a message to some law Hall and Professor Rabushka, two dis- torney Robert Wilkins and his family enforcement officers that they can now tinguished professors of economics and as they returned to Maryland by car expand racial profiling to include not tax law at Stanford University, and from his grandfather’s funeral in Chi- only the driver of a passing car, but concluded that America ought to have cago. Mr. Wilkins was fortunate also the passengers. And if you happen a flat tax and that we could, in fact, enough to be an attorney who knew his to be a passenger in a car that was have a flat tax if the American people rights, and proceeded to join with the pulled over because of the color of the really understood what a flat tax was ACLU and other groups to sue the driver’s skin, you can now look forward all about. Maryland State Police. As a result of to having your personal belongings The Hall-Rabushka model was rev- that lawsuit, Maryland has conducted searched through and pored over. enue neutral at 19 percent. I have its own study of traffic stops, and the The Traffic Stops Statistics Study added 1 percent in order to allow for results indicate that over 75 percent of Act of 1999 will begin to shed light on two deductions: one on charitable con- those people stopped and search on I–95 the practice of racial profiling. By ana- tributions up to $2,500 a year and a sec- are African-American, even though Af- lyzing the data that the Justice De- ond on interest on home mortgages of

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3795 borrowings up to $100,000 to take care first plan to retain limited deductions gress, I am optimistic that public sup- of middle-class Americans, because I for home mortgage interest and chari- port for tax reform will enable us to think without those two deductions, it table contributions. move forward and adopt this critically would be a political impossibility to As I traveled around the country and important and necessary legislation. have a flat tax enacted. held town hall meetings across Penn- That is why today I am again intro- The advantage of the flat tax is that sylvania and other states, the public ducing my Flat Tax Act of 1999. it does have the flatness with only support for fundamental tax reform My flat tax legislation will fun- those two deductions, so it is a very was overwhelming. I would point out in damentally revise the present tax code, simple matter to return the tax return. those speeches that I never leave home with its myriad rates, deductions, and Here is a sample tax return. You fill without two key documents: (1) my instructions. This legislation would in- in your name and your address. You copy of the Constitution; and (2) a copy stitute a simple, flat 20% tax rate for list your total wage, salary, or pension. of my 10-line flat tax postcard. I soon all individuals and businesses. It will There is a personal allowance, for a realized that I needed more than just allow all taxpayers to file their April 15 family of four. Up to $27,500 pays no tax one copy of my flat tax postcard— tax returns on a simple 10-line post- at all. That constitutes about 53 per- many people wanted their own post- card. This proposal is not cast in stone, cent of Americans. It has the two de- card so that they could see what life in but is intended to move the debate for- ductions for mortgage interest on debt a flat tax world would be like, where ward by focusing attention on three up to $100,000 for an owner-occupied tax returns only take 15 minutes to fill key principles which are critical to an home and charitable contributions up out and individual taxpayers are no effective and equitable taxation sys- to $2,500; total compensation multi- longer burdened with double taxation tem: simplicity, fairness and economic plied by 20 percent, and that is that. on their dividends, interest, capital growth. The tax burden costs Americans gains and estates. Over the years and prior to my legis- about $224 billion a year of our gross Support for the flat tax is growing as lative efforts on behalf of flat tax re- national product, which is mired in more and more Americans embrace the form, I have devoted considerable time complexity and unnecessary regula- simplicity, fairness and growth poten- and attention to analyzing our nation’s tion. tial of flat tax reform. An April 17, tax code and the policies which under- The flat tax seeks to bring equity 1995, edition of Newsweek cited a poll lie it. I began the study of the complex- into the tax payment by taxing only showing that 61 percent of Americans ities of the tax code 40 years ago as a once so that the flat tax eliminates tax favor a flat tax over the current tax law student at Yale University. I in- on net dividends, capital gains or es- code. Significantly, a majority of the cluded some tax law as part of my tates because all of those items have respondents who favor the flat tax pre- practice in my early years as an attor- already been taxed. ferred my flat tax plan with limited de- ney in Philadelphia. In the spring of It would enable Americans to accu- ductions for home mortgage interest 1962, I published a law review article in mulate a great deal more in capital and charitable contributions. Well be- the Villanova Law Review, ‘‘Pension which would help business expansion fore he entered the 1996 Republican and Profit Sharing Plans: Coverage and which would help the economy. And it presidential primary, publisher Steve Operation for Closely Held Corpora- is projected that the gross national Forbes opined in a March 27, 1995, tions and Professional Associations,’’ 7 product would be increased by some $2 Forbes editorial about the tremendous Villanova L. Rev. 335, which in part fo- trillion over 7 years by virtue of this appeal and potency of my flat tax plan. cused on the inequity in making tax- Congress was not immune to public flat tax proposal. exempt retirement benefits available demand for reform. Jack Kemp was ap- The flat tax is a win-win situation all to some kinds of businesses but not pointed to head up the National Com- up and down the line because, by elimi- others. It was apparent then, as it is mission on Economic Growth and Tax nating the loopholes, it eliminates the Reform and the Commission soon came now, that the very complexities of the opportunities of very wealthy Ameri- out with its report recognizing the Internal Revenue Code could be used to cans to avoid paying taxes at all. When value of a fairer, flatter tax code. Mr. give unfair advantage to some. you take a look at the returns of the Before I introduced my flat tax bill Forbes soon introduced a flat tax plan early in the 104th Congress, I had dis- very, very rich, with the practices of of his own, and my fellow candidates in cussions with Congressman RICHARD deductions and tax shelters, all of the 1996 Republican presidential pri- ARMEY, the House Majority Leader, which is legal, the very, very wealthy mary began to embrace similar about his flat tax proposal. In fact, I avoid paying any tax at all. versions of either a flat tax or a con- testified with House Majority Leader But this flat tax would have the ad- sumption-based tax system. vantages of capital accumulation, Unfortunately, the politics of that RICHARD ARMEY before the Senate Fi- would have the advantage of increasing Presidential campaign denied the flat nance and House Ways & Means Com- the gross national product, but most of tax a fair hearing and momentum mittees, as well as the Joint Economic all would have the simplicity of being stalled. On October 27, 1995, I intro- Committee and the House Small Busi- able to file a tax return on a postcard. duced a Sense of the Senate Resolution ness Committee on the tremendous I think that as I speak—it is always calling on my colleagues to expedite benefits of flat tax reform. Since then, problematic as to how many people are Congressional adoption of a flat tax. and both before and after introducing watching C-SPAN2—but I think as I The Resolution, which was introduced my original flat tax bill, my staff and speak there are many Americans as an amendment to pending legisla- I have studied the flat tax at some across the land tonight who would like tion, was not adopted. length, and have engaged in a host of to be able to fill out a tax return in 15 I reintroduced this legislation in the discussions with economists and tax minutes. And my view is that if it were 105th Congress with slight modifica- experts, including the staff of the Joint better understood, that there would be tions to reflect inflation-adjusted in- Committee on Taxation, to evaluate a great public clamor to have a flat tax creases in the personal allowances and the economic impact and viability of a enacted. dependent allowances. While my flat flat tax. Based on those discussions, Mr. President, to reiterate, I have tax proposal was favorably received at and on the revenue estimates supplied sought recognition to introduce legis- town hall meetings in Pennsylvania, to us, I have concluded that a simple lation to provide for a flat 20% tax on Congress failed to move forward on any flat tax at a rate of 20% on all business individuals and businesses. In the 104th tax reform during the 105th Congress. I and personal income can be enacted Congress, I was the first Senator to in- tried repeatedly to raise the issue with without reducing federal revenues. troduce flat tax legislation and the leadership and the Finance Committee A flat tax will help reduce the size of first Member of Congress to set forth a to no avail. I think the American peo- government and allow ordinary citi- deficit-neutral plan for dramatically ple want this debate to move forward zens to have more influence over how reforming our nation’s tax code and re- and I think the issue of tax reform is their money is spent because they will placing it with a flatter, fairer plan de- ripe for consideration. spend it—not the government. By cre- signed to stimulate economic growth. In this period of opportunity as we ating strong incentives for savings and My flat tax legislation was also the commence the 106th Session of Con- investment, the flat tax will have the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3796 CONGRESSIONAL RECORD — SENATE April 15, 1999 beneficial result of making available deductions. A preliminary estimate in to be revenue neutral, and thus will larger pools of capital for expansion of the 104th Congress by the Committee not undermine our vital efforts to bal- the private sector of the economy— on Joint Taxation places the annual ance the nation’s budget. rather than more tax money for big cost of the home interest deduction at The key advantages of this flat tax government. This will mean more jobs $35 billion, and the cost of the chari- plan are three-fold: First, it will dra- and, just as important, more higher- table deduction at $13 billion. While matically simplify the payment of paying jobs. the revenue calculation is complicated taxes. Second, it will remove much of As a matter of federal tax policy, because the Hall-Rabushka proposal the IRS regulatory morass now im- there has been considerable con- encompasses significant revisions to posed on individual and corporate tax- troversy over whether tax breaks business taxes as well as personal in- payers, and allow those taxpayers to should be used to stimulate particular come taxes, there is a sound basis for devote more of their energies to pro- kinds of economic activity, or whether concluding that the 1% increase in rate ductive pursuits. Third, since it is a tax policy should be neutral, leaving would pay for the two deductions. Rev- plan which rewards savings and invest- people to do what they consider best enue estimates for tax code revisions ment, the flat tax will spur economic from a purely economic point of view. are difficult to obtain and are, at best, growth in all sectors of the economy as Our current tax code attempts to use judgment calls based on projections more money flows into investments tax policy to direct economic activity. from fact situations with myriad as- and savings accounts, and as interest Yet actions under that code have dem- sumed variables. It is possible that rates drop. onstrated that so-called tax breaks are some modification may be needed at a Under this tax plan, individuals inevitably used as the basis for tax later date to guarantee revenue neu- would be taxed at a flat rate of 20% on shelters which have no real relation to trality. all income they earn from wages, pen- solid economic purposes, or to the ac- This legislation offered today is quite sions and salaries. Individuals would tivities which the tax laws were meant similar to the bill introduced in the not be taxed on any capital gains, in- terest on savings, or dividends—since to promote. Even when the government House by Congressman ARMEY and in responds to particular tax shelters the Senate late in 1995 by Senator those items will have already been taxed as part of the flat tax on business with new and often complex revisions RICHARD SHELBY, which were both in revenue. The flat tax will also elimi- of the regulations, clever tax experts turn modeled after the Hall-Rabushka nate all but two of the deductions and are able to stay one or two steps ahead proposal. The flat tax offers great po- exemptions currently contained within of the IRS bureaucrats by changing the tential for enormous economic growth, the tax code. Instead, taxpayers will be structure of their business transactions in keeping with principles articulated entitled to ‘‘personal allowances’’ for and then claiming some legal distinc- so well by Jack Kemp. This proposal themselves and their children. The per- tions between the taxpayer’s new ap- taxes business revenues fully at their sonal allowances are: $10,000 for a sin- proach and the revised IRS regulations source, so that there is no personal gle taxpayer; $15,000 for a single head of and precedents. taxation on interest, dividends, capital household; $17,500 for a married couple Under the massive complexity of the gains, gifts or estates. Restructured in filing jointly; and $5,000 per child or de- current IRS Code, the battle between this way, the tax code can become a pendent. These personal allowances $500-an-hour tax lawyers and IRS bu- powerful incentive for savings and in- would be adjusted annually for infla- reaucrats to open and close loopholes is vestment—which translates into eco- tion after 1999. a battle the government can never win. nomic growth and expansion, more and In order to ensure that this flat tax Under the flat tax bill I offer today, better jobs, and raising the standard of does not unfairly impact low income there are no loopholes, and tax avoid- living for all Americans. families, the personal allowances con- In the 104th Congress, we took some ance through clever manipulations will tained in my proposal are much higher important steps toward reducing the become a thing of the past. than the standard deduction and per- The basic model for this legislation size and cost of government, and this sonal exemptions allowed under the comes from a plan created by Profes- work is ongoing and vitally important. current tax code. For example in the sors Robert Hall and Alvin Rabushka But the work of downsizing govern- 1998 tax year, the standard deduction is of the Hoover Institute at Stanford ment is only one side of the coin; what $4,250 for a single taxpayer, $6,250 for a University. Their plan envisioned a flat we must do at the same time, and with head of household and $7,100 for a mar- tax with no deductions whatever. After as much energy and care, is to grow ried couple filing jointly, while the per- considerable reflection, I decided to in- the private sector. As we reform the sonal exemption for individuals and de- clude in the legislation limited deduc- welfare programs and government bu- pendents is $2,700. Thus, under the cur- tions for home mortgage interest for reaucracies of past administrations, we rent tax code, a family of four which up to $100,000 in borrowing and chari- must replace those programs with a does not itemize deductions would pay table contributions up to $2,500. While prosperity that extends to all segments tax on all income over $17,900 (personal these modifications undercut the pure of American society through private exemptions of $10,800 and a standard principle of the flat tax by continuing investment and job creation—which deduction of $7,100). By contrast, under the use of tax policy to promote home can have the additional benefit of pro- my flat tax bill, that same family buying and charitable contributions, I ducing even lower taxes for Americans would receive a personal exemption of believe that those two deductions are as economic expansion adds to federal $27,500, and would pay tax only on in- so deeply ingrained in the financial revenues. Just as Americans need a tax come over that amount. planning of American families that code that is fair and simple, they also My legislation retains the provisions they should be retained as a matter of are entitled to tax laws designed to fos- for the deductibility of charitable con- fairness and public policy—and also po- ter rather than retard economic tributions up to a limit of $2,500 and litical practicality. With those two de- growth. The bill I offer today embodies home mortgage interest on up to ductions maintained, passage of a those principles. $100,000 of borrowing. Retention of modified flat tax will be difficult, but My plan, like the Armey-Shelby pro- these key deductions will, I believe, en- without them, probably impossible. posal, is based on the Hall-Rabushka hance the political salability of this In my judgment, an indispensable analysis. But my flat tax differs from legislation and allow the debate on the prerequisite to enactment of a modi- the Armey-Shelby plan in four key re- flat tax to move forward. If a decision fied flat tax is revenue neutrality. Pro- spects: First, my bill contains a 20% is made to eliminate these deductions, fessor Hall advised that the revenue flat tax rate. Second, this bill would re- the revenue saved could be used to re- neutrality of the Hall-Rabushka pro- tain modified deductions for mortgage duce the overall flat tax rate below posal, which uses a 19% rate, is based interest and charitable contributions 20%. on a well documented model founded (which will require a 1% higher tax With respect to businesses, the flat on reliable governmental statistics. My rate than otherwise). Third, my bill tax would also be a flat rate of 20%. My legislation raises that rate from 19% to would maintain the automatic with- legislation would eliminate the intri- 20% to accommodate retaining limited holding of taxes from an individual’s cate scheme of complicated deprecia- home mortgage interest and charitable paycheck. Lastly, my bill is designed tion schedules, deductions, credits, and

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3797 other complexities that go into busi- postcard which would require a tax- only to eliminate the federal govern- ness taxation in favor of a much-sim- payer only to answer a few easy ques- ment’s reliance on deficits and bor- plified system that taxes all business tions. Filing a tax return would be- rowed money, but to restore and ex- revenue less only wages, direct ex- come a manageable chore, not a seem- pand the base of private savings and in- penses and purchases—a system with ingly endless nightmare, for most tax- vestment that has been the real engine much less potential for fraud, ‘‘creative payers. driving American prosperity through- accounting’’ and tax avoidance. Along with the advantage of sim- out our history. These concepts are re- Businesses would be allowed to ex- plicity, enactment of this flat tax bill lated—the federal budget deficit soaks pense 100% of the cost of capital forma- will help to remove the burden of cost- up much of what we have saved, leav- tion, including purchases of capital ly and unnecessary government regula- ing less for businesses to borrow for in- equipment, structures and land, and to tion, bureaucracy and red tape from vestments. do so in the year in which the invest- our everyday lives. The heavy hand of It is the sum total of savings by all ments are made. The business tax government bureaucracy is particu- aspects of the U.S. economy that rep- would apply to all money not rein- larly onerous in the case of the Inter- resents the pool of all capital available vested in the company in the form of nal Revenue Service, which has been for investment—in training, education, employment or capital formation— able to extend its influence into so research, machinery, physical plant, thus fully taxing revenue at the busi- many aspects of our lives. etc.—and that constitutes the real seed ness level and making it inappropriate In 1995, the IRS employed 117,000 peo- of future prosperity. The statistics to re-tax the same monies when passed ple, spread out over countless offices here are daunting. In the 1960s, the net on to investors as dividends or capital across the United States. Its budget U.S. national savings rate was 8.2 per- gains. was in excess of $7 billion, with over $4 cent, but it has fallen to a dismal 1.5 Let me now turn to a more specific billion spent merely on enforcement. percent. Americans save at only one- discussion of the advantages of the flat By simplifying the tax code and elimi- tenth the rate of the Japanese, and tax legislation I am introducing today. nating most of the IRS’ vast array of only one-fifth the rate of the Germans. The first major advantage to this flat rules and regulations, the flat tax This is unacceptable and we must do tax is simplicity. According to the Tax would enable us to cut a significant something to reverse the trend. Foundation, Americans spend approxi- portion of the IRS budget, including An analysis of the components of mately 5.3 billion hours each year fill- the bulk of the funding now needed for U.S. savings patterns shows that al- ing out tax forms. Much of this time is enforcement and administration. though the federal budget deficit is the spent burrowing through IRS laws and In addition, a flat tax would allow largest cause of ‘‘dissavings,’’ both per- regulations which fill 17,000 pages and taxpayers to redirect their time, ener- sonal and business savings rates have have grown from 744,000 words in 1955 gies and money away from the yearly declined significantly over the past to 5.6 million words in 1995. morass of tax compliance. According to three decades. Thus, to recreate the Whenever the government gets in- the Tax Foundation, in 1996, the pri- pool of capital stock that is critical to volved in any aspect of our lives, it can vate sector spent over $150 billion com- future U.S. growth and prosperity, we convert the most simple goal or task plying with federal tax laws. According have to do more than just get rid of the into a tangled array of complexity, to a Tax Foundation study, adoption of deficit. We have to very materially frustration and inefficiency. By way of flat tax reform would cut pre-filing raise our levels of private savings and example, most Americans have become compliance costs by over 90 percent. investment. And we have to do so in a Monies spent by businesses and in- familiar with the absurdities of the way that will not cause additional defi- vestors in creating tax shelters and government’s military procurement cits. finding loopholes could be instead di- programs. If these programs have The less money people save, the less rected to productive and job-creating taught us anything, it is how a simple money is available for business invest- economic activity. With the adoption purchase order for a hammer or a toilet ment and growth. The current tax sys- of a flat tax, the opportunities for seat can mushroom into thousands of tem discourages savings and invest- fraud and cheating would also be vastly words of regulations and restrictions ment, because it taxes the interest we reduced, allowing the government to earn from our savings accounts, the when the government gets involved. collect, according to some estimates, dividends we make from investing in The Internal Revenue Service is cer- over $120 billion annually. tainly no exception. Indeed, it has be- The third major advantage to a flat the stock market, and the capital gains come a distressingly common experi- tax is that it will be a tremendous spur we make from successful investments ence for taxpayers to receive comput- to economic growth. Harvard econo- in our homes and the financial mar- erized print-outs claiming that addi- mist Dale Jorgenson estimates adop- kets. Indeed, under the current law tional taxes are due, which require re- tion of a flat tax like the one offered these rewards for saving and invest- peated exchanges of correspondence or today would increase future national ment are not only taxed, they are over- personal visits before it is determined, wealth by over $2 trillion, in present taxed—since gains due solely to infla- as it so often is, that the taxpayer was value terms, over a seven year period. tion, which represent no real increase right in the first place. This translates into over $7,500 in in- in value, are taxed as if they were prof- The plan offered today would elimi- creased wealth for every man, woman its to the taxpayer. nate these kinds of frustrations for and child in America. This growth also With the limited exceptions of retire- millions of taxpayers. This flat tax means that there will be more jobs—it ment plans and tax free municipal would enable us to scrap the great ma- is estimated that the $2 trillion in- bonds, our current tax code does vir- jority of the IRS rules, regulations and crease in wealth would lead to the cre- tually nothing to encourage personal instructions and delete most of the five ation of 6 million new jobs. savings and investment, or to reward it million words in the Internal Revenue The economic principles are fairly over consumption. This bill will change Code. Instead of tens of millions of straightforward. Our current tax sys- this system, and address this problem. hours of non-productive time spent in tem is inefficient; it is biased toward The proposed legislation reverses the compliance with, or avoidance of, the too little savings and too much con- current skewed incentives by pro- tax code, taxpayers would spend only sumption. The flat tax creates substan- moting savings and investment by indi- the small amount of time necessary to tial incentives for savings and invest- viduals and by businesses. Individuals fill out a postcard-sized form. Both ment by eliminating taxation on inter- would be able to invest and save their business and individual taxpayers est, dividends and capital gains—and money tax-free and reap the benefits of would thus find valuable hours freed up tax policies which promote capital for- the accumulated value of those invest- to engage in productive business activ- mation and investment are the best ve- ments without paying a capital gains ity, or for more time with their fami- hicle for creation of new and high pay- tax upon the sale of these investments. lies, instead of poring over tax tables, ing jobs, and for a greater prosperity Businesses would also invest more as schedules and regulations. for all Americans. the flat tax allowed them to expense The flat tax I have proposed can be It is well recognized that to promote fully all sums invested in new equip- calculated just by filling out a small future economic growth, we need not ment and technology in the year the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3798 CONGRESSIONAL RECORD — SENATE April 15, 1999 expense was incurred, rather than The flat tax legislation that I am of- No one likes to pay taxes. But Ameri- dragging out the tax benefits for these fering will retain the element of pro- cans will be much more willing to pay investments through complicated de- gressivity that Americans view as es- their taxes under a system that they preciation schedules. With greater in- sential to fairness in an income tax believe is fair, a system that they can vestment and a larger pool of savings system. Because of the lower end in- understand, and a system that they available, interest rates and the costs come exclusions, and the capped deduc- recognize promotes rather than pre- of investment would also drop, spur- tions for home mortgage interest and vents growth and prosperity. The legis- ring even greater economic growth. charitable contributions, the effective lation I introduce today will afford Critics of the flat tax have argued tax rates under my bill will range from Americans such a tax system. that we cannot afford the revenue 0% for families with incomes under losses associated with the tremendous about $30,000 to roughly 20% for the By Mr. HARKIN (for himself and savings and investment incentives the highest income groups. Mr. DURBIN): bill affords to businesses and individ- My proposed legislation demon- S. 823. A bill to establish a program uals. Those critics are wrong. Not only strably retains the fairness that must to assure the safety of processed is this bill carefully crafted to be rev- be an essential component of the Amer- produce intended for human consump- enue neutral, but historically we have ican tax system. tion, and for other purposes; to the seen that when taxes are cut, revenues The proposal that I make today is Committee on Agriculture, Nutrition, actually increase, as more taxpayers dramatic, but so are its advantages: a and Forestry. work harder for a larger share of their taxation system that is simple, fair THE FRUIT AND VEGETABLE SAFETY ACT take-home pay, and investors are more and designed to maximize prosperity Mr. HARKIN. Mr. President, today I willing to take risks in pursuit of re- for all Americans. A summary of the am introducing legislation to bridge wards that will not get eaten up in key advantages are: obvious gaps in the safety of fresh taxes. Simplicity: A 10-line postcard filing fruits and vegetables. This legislation As one example, under President would replace the myriad forms and at- will establish basic standards of sanita- Kennedy when individual tax rates tachments currently required, thus tion for processed fruits and vegeta- were lowered, investment incentives saving Americans up to 5.3 billion bles, simple standards that will help including the investment tax credit hours they currently spend every year assure that Americans can enjoy these were created and then expanded and de- in tax compliance. foods safely. Cuts Government: The flat tax would preciation rates were accelerated. Yet, American families are on the front eliminate the lion’s share of IRS rules, between 1962 and 1967, gross annual fed- lines of this food safety battle three regulations and requirements, which eral tax receipts grew from $99.7 billion times a day—breakfast, lunch and din- have grown from 744,000 words in 1955 to $148 billion—an increase of nearly ner. Health experts advise us to eat at to 5.6 million words and 12,000 pages 50%. More recently after President least five servings a day of fresh fruits currently. It would also allow us to Reagan’s tax cuts in the early 1980’s, and vegetables as part of a healthy life- slash the mammoth IRS bureaucracy government tax revenues rose from style. Studies show these foods can cut of 117,000 employees. our risks of cancer and heart disease. just under $600 billion in 1981 to nearly Promotes Economic Growth: Econo- Americans have listened, and our con- $1 trillion in 1989. In fact, the Reagan mists estimate a growth of over $2 tril- sumption of fresh fruits and vegetables tax cut program helped to bring about lion in national wealth over seven has grown every year. We can now find one of the longest peacetime expansion years, representing an increase of ap- a variety of out-of-season produce, im- of the U.S. economy in history. There proximately $7,500 in personal wealth is every reason to believe that the flat for every man, woman and child in ported and exotic foods. We also enjoy tax proposed here can do the same— America. This growth would also lead convenience foods, ready-to-eat mixed and by maintaining revenue neutrality to the creation of 6 million new jobs. salads, sprouts, mixed juices, a variety in this flat tax proposal, as we have, we Increases Efficiency: Investment de- of frozen berries, dried spices, and can avoid any increases in annual defi- cisions would be made on the basis of other treats unavailable a few decades cits and the national debt. productivity rather than simply for tax ago. In addition to increasing federal rev- avoidance, thus leading to even greater Americans can buy produce that is enues by fostering economic growth, economic expansion. the safest in the world, and food safety the flat tax can also add to federal rev- Reduces Interest Rates: Economic problems from produce are rare. But enues without increasing taxes by clos- forecasts indicate that interest rates these problems can be devastating for ing tax loopholes. The Congressional would fall substantially, by as much as victims, and consumers are demanding Research Service estimates that for two points, as the flat tax removes stronger laws to protect themselves fiscal year 1995, individuals sheltered many of the current disincentives to from food borne illness. Since 1990, more than $393 billion in tax revenue in savings. more than 40 outbreaks of foodborne legal loopholes, and corporations shel- Lowers Compliance Costs: Americans illness have been linked to fresh fruit, tered an additional $60 billion. There would be able to save up to $224 billion vegetable and juice products consumed may well be additional monies hidden they currently spend every year in tax in the United States. More than 6300 in quasi-legal or even illegal ‘‘tax shel- compliance. illnesses were reported, with victims in ters.’’ Under a flat tax system, all tax Decreases Fraud: As tax loopholes almost all 50 states. Domestic melons, shelters will disappear and all income are eliminated and the tax code is sim- imported strawberries, lettuce, sprouts will be subject to taxation. plified, there will be far less oppor- and orange juice each took their toll. The growth case for a flat tax is com- tunity for tax avoidance and fraud, Processed or ready-to-eat produce pelling. It is even more compelling in which now amounts to over $120 billion may be more easily contaminated be- the case of a tax revision that is simple in uncollected revenue annually. cause it is handled extensively, cut up and demonstrably fair. Reduces IRS Costs: Simplification of and rinsed, and then is eaten by the By substantially increasing the per- the tax code will allow us to save sig- consumer without further preparation. sonal allowances for taxpayers and nificantly on the $7 billion annual It is essential that the processor han- their dependents, this flat tax proposal budget currently allocated to the In- dle these foods safely, because there is ensures that poorer taxpayers will pay ternal Revenue Service. nothing the consumer can do once no tax and that taxes will not be re- Professors Hall and Rabushka have these products are contaminated. gressive for lower and middle income projected that within seven years of This bill will improve the safety of taxpayers. At the same time, by clos- enactment, this type of a flat tax these products by requiring that they ing the hundreds of tax loopholes would produce a 6 percent increase in are always processed under sanitary which are currently used by wealthier output from increased total work in conditions. These are the same condi- taxpayers to shelter their income and the U.S. economy and increased capital tions you would use in your own kitch- avoid taxes, this flat tax bill will also formation. The economic growth would en, and should expect from a processor. ensure that all Americans pay their mean a $7,500 increase in the personal The guidelines are simple; that rinse fair share. income of all Americans. water be clean and sewage be kept

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3799 away from the food, that workers can Well, Mr. President, today I want to More reasons, I believe, why this na- and do wash their hands, that flies, join with my colleague GORDON SMITH tion must have a great public school birds and rodents be kept out of the to talk about one of those investments, system. processing plant. about the commitment Americans And what can we say of the system Under the bill provisions, FDA will want us to make to our public schools, before us today? I think we must say inspect processors, domestic and im- and about the biggest tax cut we can that—although there are thousands of porting, annually, to be sure they are ever deliver for our children and grand- public schools in this country doing a following sanitary guidelines. FDA will children—the tax cut you give to fu- magnificent job of educating our chil- also coordinate with other food safety ture generations when you insist— dren to a world class level—too many agencies to develop research programs today—that you’re going to have a of our schools are struggling and too aimed at setting standards for safe ag- committed and qualified teacher in many kids are being left behind. ricultural practices for produce, and every classroom, that you’re going to Mr. President, I believe we have a re- for testing methods that can verify make every public school work, and sponsibility to be the true friends of that fruit or vegetable products has that you’re going to put every child on public education—and the best friends been processed safely. the road to a life in which they can are critical friends, and it is time that Last August, the National Academy make the most of their own talents and we seek the truth and offer our help to of Sciences, in evaluating the federal capacities for success. a system that is not doing enough for a food safety system, advised that food Let’s be honest—as a society, there is large proportion of the 50 million chil- safety agencies be able to ‘‘mandate no decision of greater importance to dren in our public schools today—chil- minimum sanitation standards for the long term health, stability, and dren whose reading scores show that of food.’’ Food safety should be a require- competitiveness of this nation, than 2.6 million graduating high school stu- ment—not a suggestion. We have had the way we decide to educate our chil- dents, one-third are below basic read- basic sanitation standards in place for dren. ing level, one-third are at basic, only meat and poultry for 93 years. FDA We look to public schools today to one-third are proficient and only needs strong mandatory sanitation 100,000 are at a world class reading guidelines for produce. My bill would educate our children to lead in an in- formation age where the term ‘‘wired level; children who edge out only South establish basic sanitation standards for Africa and Cyprus on international processed fruits and vegetables. Most worker’’ will soon be redundant be- cause of an information revolution tests in science and math, with 29 per- processors in the US are already fol- cent of all college freshmen requiring lowing these reasonable standards, and that has literally put more power in the computer chip of a digital watch remedial classes in basic skills. are keeping their products safe. This Mr. President, this year we have al- than in every computer combined in bill will bring everyone up to par do- ready passed the Ed-Flex Bill, a step the United States just fifty years ago; mestically, and allow FDA to address forward in giving our schools the flexi- massive technological change and de- produce sanitation problems in import- bility and the accountability they need mands to improve our productivity, ing countries. to enact reform, making it a matter of putting more Americans to work for Agriculture is clearly our nation’s law that we won’t tie their hands with longer hours and putting them in front largest employer, providing jobs for red tape when Governors and Mayors of computer screens for hours more millions from the farm to the corner and local school districts are doing all when they’re not at work; a global markets. Agricultural communities they can to educate our kids, but also economy where borders have van- cannot afford to have the American emphasizing that with added flexibility public question the safety of the food ished—and the wealth of nations will comes a responsibility to raise student in their grocery stores. This is not just be determined by the wisdom of their achievement. workers—by their level of training, the a public health issue, it is also an eco- But Mr. President, EdFlex was just depth of their knowledge, and their nomic issue. one step in a forward moving direc- I believe these simple standards of ability to compete with workers tion—balancing accountability and cleanliness are reasonable, are long around the world. flexibility—to continue the process of overdue, and will help assure that Mr. President, two hundred years ago real education reform—and that is why Americans can safely make these foods Thomas Jefferson told us that our pub- I am joining with my colleague from a part of every meal. lic schools would be ‘‘the pillars of the Oregon, GORDON SMITH, to introduce bi- republic’’—he was right then, he is By Mr. KERRY (for himself, Mr. partisan legislation today—the Kerry- right now—but today there is a caveat: SMITH of Oregon, Mr. CHAFEE, Smith Bill—with our colleagues the those public schools must also be— Mr. CLELAND, Ms. SNOWE, Mr. distinguished Senator from Massachu- more than ever—the pillars of our BAYH, Ms. COLLINS, Mr. KEN- setts, my colleague TED KENNEDY and economy and the pillars of our commu- NEDY, Mr. LEVIN, Mr. EDWARDS, with MAX CLELAND, EVAN BAYH, JOHN nities. Mrs. MURRAY, and Mr. BRYAN): EDWARDS, CARL LEVIN, PATTY MURRAY, S. 284. A bill to improve educational And I would respectfully suggest to RICHARD BRYAN, as well as JOHN systems and facilities to better educate you that there has not been a more ur- CHAFEE, SUSAN COLLINS and OLYMPIA students throughout the United States; gent time than the present to reevalu- SNOWE from Maine—legislation which to the Committee on Health, Edu- ate—honestly—the way America’s together we believe will make a dif- cation, Labor, and Pensions. greatest democratic experiment is ference in our schools, legislation COMPREHENSIVE SCHOOL IMPROVEMENT AND working—the experiment of our na- which can bring together leaders from ACCOUNTABILITY ACT OF 1999 tion’s public schools. across the political spectrum around Mr. KERRY. Mr. President, I think Those pillars of the republic have good ideas which unite us rather than every American knows what today is— never before had to support so heavy a dividing us. Tax Day, 1999. It’s a day that I think burden as they do today. In our world Mr. President, for too long in this no doubt leaves most Americans, cer- of telecommuting, the Internet, hun- country the education debate has been tainly, tired from the all too hurried dreds and soon thousands of television stuck both nationally and locally— rush to file those forms—but I hope channels, sixty, seventy and eighty leaders unable or unwilling to answer also reminded that as we pay our taxes hour work weeks—there are fewer and the challenge, trapped in a debate that we’re really making choices about our fewer places where Americans come to- is little more than an echo of old and priorities—investing in a strong na- gether in person to share in that com- irrelevant positions with promising so- tional defense, making a difference in mon civic culture, fewer ways in which lutions stymied by ideology and inter- research and development, protecting we unite as citizens—and caught up in est groups—both on the right and on Social Security and Medicare—and the that whirlwind are more students liv- the left. truth is that while no one likes to pay ing in poverty, more students dealing Nowhere more than in the venerable taxes, this is why we do it—so we can with disabilities, more students with United States Senate, where we pride invest in certain priorities that make limited command of the English lan- ourselves on our ability to work to- our nation strong. guage. gether across partisan lines, have we—

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3800 CONGRESSIONAL RECORD — SENATE April 15, 1999 in so many debates—been stuck in a capacity to lead—the talents and the that recognizes that you can’t hold place where Democrats and Repub- know-how to do the job; effective lead- someone accountable if they don’t have licans seem to talk past each other. ership skills; the vision to create an ef- the tools to succeed. Democrats are perceived to be always fective team—to recruit, hire, and Our bill helps to close the resource ready to throw money at the problem transfer teachers and engage parents. gap in public education: helping to but never for sufficient accountability Without those abilities, the title of eliminate the crime that turns too or creativity; Republicans are per- principal and the freedom to lead many hallways and classrooms into ceived as always ready to give a vouch- means little. We are proposing an ‘‘Ex- arenas of violence by giving school dis- er to go somewhere else but rarely sup- cellent Principals Challenge Grant’’ tricts incentives to write discipline portive of investing sufficient re- which would provide funds to local codes and create ‘‘Second Chance’’ sources to make the public schools school districts to train principals in schools with a range of alternatives for work. sound management skills and effective chronically disruptive and violent stu- Well, I think it is in this Congress, classroom practices. This bill helps our dents—everything from short-term in- this year, that we can finally disengage schools make being a principal the school crisis centers, to medium dura- ourselves from the political combat, great calling of our time. tion in-school suspension rooms, to and acknowledge that with so much on But as we set our sights on recruiting high quality off-campus alternatives; the line, such high stakes in our a new generation of effective prin- helping every child come to school schools, you can’t just talk past each cipals, we must acknowledge what to- ready to learn by funding successful, other and call it reform. day’s best principals know: principals local early childhood development ef- We all need to do our part to find a can only produce results as good as the forts; and making schools the hubs of new answer, and Mr. President I would teachers with whom they must work. our communities once more by pro- respectfully suggest that in the bipar- To get the best results, we need the viding support for after school pro- tisan support you see for this legisla- best teachers. And we must act imme- grams where students receive tutoring, tion, there is a different road we can diately to guarantee that we get the mentoring, and values-based edu- meet on to make it happen. best as the United States hires 2 mil- cation—the kind of programs that are Together we are introducing the kind lion new teachers in the next ten years, open to entire communities, making of comprehensive education reform leg- 60% of them in the next five years. In public schools truly public. islation that I believe will provide us a the Kerry-Smith Bill we will empower And our legislation will help us bring chance to come together not as Demo- our states and school districts to find a new kind accountability to public crats and Republicans, but as the true new ways to hire and train outstanding education by injecting choice and com- friends of parents, children, teachers, teachers: through a focus on teacher petition into a public school system and principals—to come together as quality and training—in Title V of this badly in need of both. We are not a citizens—and help our schools reclaim bill—we can use financial incentives to country that believes in monopolies. the promise of public education in this attract a larger group of qualified peo- We are a country that believes com- country. We need to ask one question: ple into the teaching profession and we petition raises quality. And we ought ‘‘What provides our children with the can provide real ongoing education and to merge the best of those ideas by end- best education?’’ And whether the an- continued training for our nation’s ing a system that restricts each child swer is conservative, liberal or simply teachers. to an administrator’s choice and not a practical, we need to commit ourselves This legislation will allow states to parent’s choice where possible. It is to that course. reconfigure their certification policies time we adopt a competitive system of Our bill is built on the notion of giv- and their teaching standards to address public school choice with grants award- ing grants for schools—with real ac- the reality that our standards for ed to schools that meet parents’ test of countability—to pursue comprehensive teachers are not high enough—and at quality and assistance to schools that reform and adopt the proven best prac- the same time, they are too rigid in must catch up rapidly. That is why our tices of any other school—Voluntary setting out irrelevant requirements bill creates an incentive for schools all State Reform Incentive Grants so that don’t make teaching better; they across the nation to adopt public school districts that choose to finance make it harder for some who choose to school choice to the extent logistically and implement comprehensive reform teach. We know we need to streamline feasible. based on proven high-performance teacher certification rules in this coun- Mr. President, we are not just asking models can bring forth change. We will try to recruit the best college grad- Democrats and Republicans to meet in target investments at school districts uates to teach in the United States. a compromise, a grand bargain to re- with high numbers of at-risk students Today we hire almost exclusively edu- form public education. We are offering and leverage local dollars through cation majors to teach, and liberal arts legislation that helps us do it, that matching grants. This component of graduates are only welcomed in our forces not just a debate, but a vote— the legislation will give schools the country’s top private schools. Our leg- yes or no, up or down, change or more chance to quickly and easily put in islation will allow states to rewrite the of the same. Together we can embrace place the best of what works in any rules so principals have a far greater new rights and responsibilities on both other school—private, parochial or flexibility to hire liberal arts grad- sides of the ideological divide and public—with decentralized control, uates as teachers, graduates who can admit that the answer to the crisis of site-based management, parental en- meet high standards; while at the same public education is not found in one gagement, and high levels of vol- time allowing hundreds of thousands concept alone—in private school unteerism—while at the same time more teachers to achieve a more broad vouchers or bricks and mortar alone. meeting high standards of student based meaningful certification—the We can find answers for our children by achievement and public accountability. National Board for Professional Teach- breaking with the instinct for the sym- I believe public schools need to have ing Standards certification with its bolic, and especially the notion that a the chance to make changes not tomor- rigorous test of subject matter knowl- speech here and there will make edu- row, not five years from now, not after edge and teaching ability. cation better in this country. It can’t another study—but now—today. This legislation will build a new and it won’t. But our hard work to- So if schools will embrace this new teacher recruitment system for our gether in the coming year—Democrats framework—every school adopting the public schools—providing college schol- and Republicans together—can make a best practices of high achieving arships for our highest achieving high difference. Education reform can work schools, building accountability into school graduates if they agree to come in a bi-partisan way. There is no short- the system—what then are the key in- back and teach in our public schools. age of good ideas or leadership here in gredients of excellence that every We will demand a great deal from our the Senate—the experience of GORDON school needs to succeed? principals and our teachers—holding SMITH who spent years in the Oregon Well, Mr. President, I think we can them accountable for student achieve- legislature working to balance re- start by guaranteeing that every one of ment—but Mr. President we also hope sources and accountability to raise the our nation’s 80,000 principals have the to build a new consensus in America quality of public education; with

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3801 tireless leadership from former Gov- Sec. 602. Grants for programs requiring com- TITLE I—VOLUNTARY STATE REFORM ernors like EVAN BAYH and JOHN munity service. INCENTIVE GRANTS CHAFEE; bi-partisan creativity from TITLE VII—EXPANDING NATIONAL SEC. 101. DEMONSTRATIONS OF INNOVATIVE PATTY MURRAY and OLYMPIA SNOWE; BOARD CERTIFICATION PROGRAM FOR PRACTICES. and the leadership and passion, of TEACHERS (a) PROVISION OF FUNDS.—From amounts course, of the senior Senator from my appropriated under subsection (f), the Sec- Sec. 701. Purpose. retary, acting through the authority pro- state, Senator KENNEDY, who has led Sec. 702. Grants to expand participation in vided under section 1502 of the Elementary the fight on education in this Senate, the National Board Certifi- and Secondary Education Act of 1965 (20 and who has provided this body with cation Program. U.S.C. 6492), shall award grants to State edu- over 30 years of unrivaled leadership cational agencies to enable the States to TITLE VIII—ENCOURAGING PUBLIC and support for education. provide for comprehensive school reforms. SCHOOL CHOICE We look forward to working with all (b) STATE APPLICATION.—To be eligible to of our colleagues this year to pass this Sec. 801. Grants to encourage public school receive a grant under subsection (a), a State legislation, in this important year as choice. educational agency shall prepare and submit to the Secretary an application at such time, we undergo the process of reauthor- SEC. 2. DEFINITIONS. izing the Elementary and Secondary in such manner, and containing such infor- The definitions in section 14101 of the Ele- mation as the Secretary may require, includ- Education Act, to find common ground mentary and Secondary Education Act of in ideas that we can all support—bold ing— 1965 (20 U.S.C. 8801) shall apply to this Act. (1) a description of the process and selec- legislation that sends the message—fi- SEC. 3. GENERAL REQUIREMENTS. tion criteria that the State educational nally—to parents and children strug- agency will utilize to award competitive (a) ELIGIBILITY.— gling to find schools that work, and to grants to local educational agencies; (1) STATE ELIGIBILITY.—To be eligible to re- teachers and principals struggling in (2) a description of the manner in which ceive assistance under title I, III, or VIII of schools simultaneously bloated with the State educational agency will ensure this Act, or part E of title XIII of the Ele- that only high quality comprehensive school bureaucracy and starved for re- mentary and Secondary Education Act of reform proposals will be funded by the State sources—to prove to them not just that 1965, a State educational agency, consortium under this section; we hear their cries for help, but that of State educational agencies, or State shall (3) a description of the manner in which we will respond not with sound bites reserve not more than 5 percent of the funds the State educational agency will distribute and salvos, but with real answers. the State educational agency, consortium, or information concerning the comprehensive I thank my colleagues and I ask State, as appropriate, receives under title I, reform program to local educational agen- III, or VIII, or such part E, respectively, for unanimous consent that the full text of cies and individual schools; a fiscal year to enable the State educational the bill be printed in the RECORD. (4) a description of the methods to be used agency, consortium, or State, as appro- There being no objection, the items by the State educational agency to evaluate priate— were ordered to be printed in the the results of the activities carried out by (A) to specify to the Secretary how the re- RECORD, as follows: local educational agencies under the grant; ceipt of the Federal funds will lead to school and S. 824 improvements, such as increasing student (5) assurances that the State educational Be it enacted by the Senate and House of Rep- academic achievement, reducing out-of-field agency will use funds received under the resentatives of the United States of America in teacher placements, increasing teacher re- grant to supplement, not supplant, other Congress assembled, tention, and reducing the number of emer- Federal, State and local resources provided SECTION 1. SHORT TITLE; TABLE OF CONTENTS. gency teaching certificates; for educational reforms. (a) SHORT TITLE.—This Act may be cited as (B) to conduct an annual evaluation to de- (c) USE OF FUNDS.— the ‘‘Comprehensive School Improvement termine whether or not such improvements (1) GRANTS TO LOCAL EDUCATIONAL AGEN- and Accountability Act of 1999’’. have occurred; CIES.— (b) TABLE OF CONTENTS.—The table of con- (C) if the improvements have not occurred, (A) IN GENERAL.—Subject to section 3(a)(1), tents of this Act is as follows: to specify to the Secretary what steps will be a State educational agency shall use Sec. 1. Short title; table of contents. taken in the future to ensure the improve- amounts received under a grant under this Sec. 2. Definitions. ments; and section to award competitive grants to local Sec. 3. General requirements. (D) for general administrative expenses of educational agencies to enable such local TITLE I—VOLUNTARY STATE REFORM the activities assisted under title I, III, or educational agencies to provide funds to INCENTIVE GRANTS VIII, or such part E, respectively. schools to carry out activities relating to Sec. 101. Demonstrations of innovative prac- (2) LOCAL EDUCATIONAL AGENCY.—To be eli- comprehensive school reform. Such activi- tices. gible to receive assistance under title I or III ties may include— Sec. 102. Fully funding title I of ESEA. of this Act, or parts E or F of title XIII of (i) activities relating to the professional TITLE II—ENSURING THAT CHILDREN the Elementary and Secondary Education development and training of teachers, ad- BEGIN SCHOOL READY TO LEARN Act of 1965, a local educational agency ministrators, staff and parents; shall— Sec. 201. Definitions. (ii) the acquisition of expert technical as- Sec. 202. Allotments to States. (A) serve low achieving students as meas- sistance in carrying out school reform; Sec. 203. Grants to local collaboratives. ured by low graduation rates or low scores (iii) developing or acquiring instructional Sec. 204. Appropriations. on assessment exams; materials; and TITLE III—EXCELLENT PRINCIPALS (B) have a low teacher retention rate in (iv) implementing parent and community CHALLENGE GRANT the schools served by the local educational outreach programs. Sec. 301. Grants to States for the training of agency; (B) DISTRIBUTION.—In awarding grants to (C) have a high rate of out-of-field place- principals. local educational agencies under this sub- ment of teachers in the schools served by the TITLE IV—SECOND CHANCE PROGRAMS section, the State educational agency shall local educational agency; and FOR DISRUPTIVE OR VIOLENT STU- ensure that grants are awarded to agencies (D) have a shortage of teachers of mathe- DENTS where reforms will be implemented at matics or physical science in the schools Sec. 401. Establishment of second chance schools with different grade levels. served by the local educational agency. grant program. (2) APPLICATION.—To be eligible to receive TITLE V—TEACHER QUALITY AND (b) GEOGRAPHIC REQUIREMENTS.—The Sec- a grant under paragraph (1), a local edu- TRAINING retary shall promulgate regulations to en- cational agency shall prepare and submit to sure that a balanced amount of funding Sec. 501. Grants for low-income areas. the State educational agency an application Sec. 502. Scholarships for future teachers. under titles III, VII, and VIII of this Act, sec- at such time, in such manner, and con- Sec. 503. Teacher quality. tion 602 of this Act, part I of title X, and taining such information as the State edu- Sec. 504. Loan forgiveness and cancellation parts E and F of title XIII, of the Elemen- cational agency may require, including— for teachers. tary and Secondary Education Act of 1965, (A) a description of the schools to which Sec. 505. Teacher quality enhancement and subpart 9 of part A of title IV, and sec- the local educational agency will provide grants. tion 428K, of the Higher Education Act of funds under the grant; Sec. 506. Improving teacher technology 1965, is made available to rural and urban (B) a description of the comprehensive training. areas. school reform program that will be imple- TITLE VI—INVESTMENT IN COMMUNITY- (c) SUPPLEMENT NOT SUPPLANT.—Funds ap- mented by the local educational agency, in- BASED SCHOOLS AND COMMUNITY propriated under this Act shall be used to cluding the manner in which the local edu- SERVICE supplement and not supplant other Federal, cational agency will provide technical assist- Sec. 601. 21st century community learning State, and local public funds expended to ance and support for school implementation centers. carry out activities assisted under this Act. efforts; and

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3802 CONGRESSIONAL RECORD — SENATE April 15, 1999 (C) a description of the manner in which SEC. 102. FULLY FUNDING TITLE I OF ESEA. young children in poverty, as defined in sub- the local educational agency will evaluate Section 1002(a) of the Elementary and Sec- section (b), in the State; and measure the results achieved by schools ondary Education Act of 1965 (20 U.S.C. (G) representatives of organizations pro- implementing comprehensive school reforms. 6302(a)) is amended by striking ‘‘$7,400,000,000 viding services to young children and the (3) REQUIREMENTS.—A comprehensive for fiscal year 1995’’ and all that follows parents of young children, such as organiza- school reform program shall— through the period and inserting tions providing child care, carrying out Head (A) utilize innovative strategies and prov- ‘‘$7,400,000,000 for fiscal year 2000, Start programs under the Head Start Act (42 en methods for student learning, teaching, $7,600,000,000 for fiscal year 2001, $8,000,000,000 U.S.C. 9831 et seq.), providing services and school management that are based on re- for fiscal year 2002, $8,400,000,000 for fiscal through a family resource center, providing liable and effective practices and that have year 2003, and $11,400,000,000 for fiscal year home visits, or providing health care serv- been replicated successfully in schools with 2004’’. ices, in the State; and diverse characteristics; TITLE II—ENSURING THAT CHILDREN (H) representatives of local educational (B) be based on a comprehensive design to BEGIN SCHOOL READY TO LEARN agencies. achieve effective school functioning, includ- SEC. 201. DEFINITIONS. (3) DESIGNATED BOARD.—The Governor may ing instruction, assessment, classroom man- In this title: designate an entity to serve as the State agement, professional development, parental (1) LOCAL EDUCATIONAL AGENCY.—The term board under paragraph (1) if the entity in- involvement, and school management, that ‘‘local educational agency’’ has the meaning cludes the Governor and the members de- aligns the curriculum, technology, and pro- given the term in section 14101 of the Ele- scribed in subparagraphs (A) through (G) of fessional development of the school into a mentary and Secondary Education Act of paragraph (2). schoolwide reform plan that is designed to 1965 (20 U.S.C. 8801). (4) DESIGNATED STATE AGENCY.—The Gov- enable all students to meet challenging (2) POVERTY LINE.—The term ‘‘poverty ernor shall designate a State agency that State content and student performance line’’ means the poverty line (as defined by has a representative on the State board to standards and address needs identified the Office of Management and Budget, and provide administrative oversight concerning through school needs assessments; revised annually in accordance with section the use of funds made available under this (C) provide a high-quality and continuous 673(2) of the Community Services Block title and to ensure accountability for the teacher and staff professional development Grant Act (42 U.S.C. 9902(2))) applicable to a funds. and training program; family of the size involved. (d) APPLICATION.—To be eligible to receive (D) have measurable goals for student per- (3) SECRETARY.—The term ‘‘Secretary’’ an allotment under this title, a State board shall annually submit an application to the formance and benchmarks for meeting such means the Secretary of Health and Human Secretary at such time, in such manner, and goals; Services. containing such information as the Sec- (E) be supported by school faculty, admin- (4) STATE BOARD.—The term ‘‘State board’’ retary may require. At a minimum, the ap- istrators and staff; means a State Early Learning Coordinating plication shall contain— (F) provide for the meaningful involvement Board established under section 202(c). (1) sufficient information about the entity of parents and the local community in plan- (5) YOUNG CHILD.—The term ‘‘young child’’ established or designated under subsection ning and implementing school improvement means an individual from birth through age (c) to serve as the State board to enable the activities; 5. Secretary to determine whether the entity (G) utilize high-quality external technical (6) YOUNG CHILD ASSISTANCE ACTIVITIES.— complies with the requirements of such sub- support and assistance from a comprehensive The term ‘‘young child assistance activities’’ section; school reform entity (which may be an insti- means the activities described in paragraphs (2) a comprehensive State plan for carrying tution of higher education) with experience (1) and (2)(A) of section 203(b). out young child assistance activities; or expertise in schoolwide reform and im- SEC. 202. ALLOTMENTS TO STATES. (3) an assurance that the State board will provement; (a) IN GENERAL.—The Secretary shall make provide such information as the Secretary (H) include a plan for the evaluation of the allotments under subsection (b) to eligible shall by regulation require on the amount of implementation of school reforms and the States to pay for the Federal share of the State and local public funds expended in the student results achieved; and cost of enabling the States to make grants State to provide services for young children; (I) identify how other resources that are to local collaboratives under section 203 for and available to the school will be utilized to co- young child assistance activities. (b) ALLOTMENT.— (4) an assurance that the State board shall ordinate services to support and sustain the (1) IN GENERAL.—From the funds appro- annually compile and submit to the Sec- school reform effort. priated under section 204 for each fiscal year retary information from the reports referred (d) MATCHING REQUIREMENT.— and not reserved under subsection (i), the to in section 203(e)(2)(F)(iii) that describes (1) IN GENERAL.—To be eligible to receive Secretary shall allot to each eligible State the results referred to in section funds under this section, a State educational an amount that bears the same relationship 203(e)(2)(F)(i). agency shall provide assurances satisfactory to such funds as the total number of young (e) FEDERAL SHARE.— to the Secretary that non-Federal funds will children in poverty in the State bears to the (1) IN GENERAL.—The Federal share of the be made available to carry out activities total number of young children in poverty in cost described in subsection (a) shall be— under this section in an amount equal to 20 all eligible States. (A) 85 percent, in the case of a State for percent of the amount that is provided to the (2) YOUNG CHILD IN POVERTY.—In this sub- which the Federal medical assistance per- State under this section. section, the term ‘‘young child in poverty’’ centage (as defined in section 1905(b) of the (2) NON-FEDERAL CONTRIBUTIONS.—Non-Fed- means an individual who— Social Security Act (42 U.S.C. 1396d(b))) is eral funds required under paragraph (1) may (A) is a young child; and not less than 50 percent but is less than 60 be in cash or in kind, fairly evaluated, in- (B) is a member of a family with an income percent; cluding plant, equipment, or services. below the poverty line. (B) 87.5 percent, in the case of a State for Amounts provided by the Federal Govern- (c) STATE BOARDS.— which such percentage is not less than 60 ment, and any portion of any service sub- (1) IN GENERAL.—In order for a State to be percent but is less than 70 percent; and sidized by the Federal Government, may not eligible to obtain an allotment under this (C) 90 percent, in the case of any State not be included in determining the amount of title, the Governor of the State shall estab- described in subparagraph (A) or (B). such non-Federal contributions. lish, or designate an entity to serve as, a (2) STATE SHARE.— (3) REDUCTION OF NON-FEDERAL CONTRIBU- State Early Learning Coordinating Board, (A) IN GENERAL.—The State shall con- TIONS.—The Secretary shall promulgate reg- which shall receive the allotment and make tribute the remaining share (referred to in ulations to reduce the non-Federal funds re- the grants described in section 203. this paragraph as the ‘‘State share’’) of the quired under paragraph (1) for State edu- (2) ESTABLISHED BOARD.—A State board es- cost described in subsection (a). cational agencies that serve the highest per- tablished under paragraph (1) shall consist of (B) FORM.—The State share of the cost centages of low-income children. the Governor and members appointed by the shall be in cash. (e) APPROPRIATIONS.— Governor, including— (C) SOURCES.—The State may provide for (1) IN GENERAL.—There are authorized to be (A) representatives of all State agencies the State share of the cost from State or appropriated, and there are appropriated, to primarily providing services to young chil- local sources, or through donations from pri- carry out this section, $250,000,000 for fiscal dren in the State; vate entities. year 2000, $500,000,000 for fiscal year 2001, (B) representatives of business in the (f) STATE ADMINISTRATIVE COSTS.— $750,000,000 for fiscal year 2002, $1,000,000,000 State; (1) IN GENERAL.—A State may use not more for fiscal year 2003, and $4,000,000,000 for fis- (C) chief executive officers of political sub- than 5 percent of the funds made available cal year 2004. divisions in the State; through an allotment made under this title (2) RESERVATION OF FUNDS.—From the (D) parents of young children in the State; to pay for a portion, not to exceed 50 per- amounts appropriated under paragraph (1) (E) officers of community organizations cent, of State administrative costs related to for each fiscal year, the Secretary shall re- serving low-income individuals, as defined by carrying out this title. serve 1 percent of such amounts to provide the Secretary, in the State; (2) WAIVER.—A State may apply to the Sec- funds to schools that receive funding from (F) representatives of State nonprofit orga- retary for a waiver of paragraph (1). The Sec- the Bureau of Indian Affairs. nizations that represent the interests of retary may grant the waiver if the Secretary

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3803 finds that unusual circumstances prevent (iv) activities designed to assist schools in will coordinate the activities with such ac- the State from complying with paragraph providing educational and other support tivities carried out by other entities through (1). A State that receives such a waiver may services to young children, and parents of the collaborative; and use not more than 7.5 percent of the funds young children, in the community, to be car- (ii) the local collaborative will coordinate made available through the allotment to pay ried out during extended hours when appro- the activities of the local collaborative for the State administrative costs. priate; and with— (g) MONITORING.—The Secretary shall mon- (B) to pay for the salary and expenses of (I) other services provided to young chil- itor the activities of States that receive al- the administrator described in subsection dren, and the parents of young children, in lotments under this title to ensure compli- (e)(4), in accordance with such regulations as the community; and ance with the requirements of this title, in- the Secretary shall prescribe. (II) the activities of other local cluding compliance with the State plans. (c) MULTIYEAR FUNDING.—In making grants collaboratives serving young children and (h) ENFORCEMENT.—If the Secretary deter- under this section, a State board may make families in the community, if any; and mines that a State that has received an al- grants for grant periods of more than 1 year (F) the manner in which the collaborative lotment under this title is not complying to local collaboratives with demonstrated will, at such intervals as the State board with a requirement of this title, the Sec- success in carrying out young child assist- may require, submit information to the retary may— ance activities. State board to enable the State board to (1) provide technical assistance to the (d) LOCAL COLLABORATIVES.—To be eligible carry out monitoring under section 202(f), in- to receive a grant under this section for a State to improve the ability of the State to cluding the manner in which the collabo- community, a local collaborative shall dem- comply with the requirement; rative will— onstrate that the collaborative— (2) reduce, by not less than 5 percent, an (i) evaluate the results achieved by the col- (1) is able to provide, through a coordi- allotment made to the State under this sec- laborative for young children and parents of nated effort, young child assistance activi- tion, for the second determination of non- young children through activities carried ties to young children, and parents of young compliance; out through the grant; children, in the community; and (3) reduce, by not less than 25 percent, an (ii) evaluate how services can be more ef- (2) includes— allotment made to the State under this sec- fectively delivered to young children and the (A) all public agencies primarily providing tion, for the third determination of non- parents of young children; and services to young children in the commu- compliance; or (iii) prepare and submit to the State board nity; (4) revoke the eligibility of the State to re- annual reports describing the results; (B) businesses in the community; ceive allotments under this section, for the (3) an assurance that the local collabo- (C) representatives of the local government fourth or subsequent determination of non- rative will comply with the requirements of for the county or other political subdivision compliance. subparagraphs (D), (E), and (F) of paragraph (i) TECHNICAL ASSISTANCE.—From the funds in which the community is located; (2), and subsection (g); and appropriated under section 204 for each fiscal (D) parents of young children in the com- (4) an assurance that the local collabo- year, the Secretary shall reserve not more munity; rative will hire an administrator to oversee than 1 percent of the funds to pay for the (E) officers of community organizations the provision of the activities described in costs of providing technical assistance. The serving low-income individuals, as defined by paragraphs (1) and (2)(A) of subsection (b). Secretary shall use the reserved funds to the Secretary, in the community; (f) DISTRIBUTION.—In making grants under enter into contracts with eligible entities to (F) community-based organizations pro- this section, the State board shall ensure provide technical assistance, to local viding services to young children and the that not less than 60 percent of the funds collaboratives that receive grants under sec- parents of young children, such as organiza- made available through each grant are used tion 203, relating to the functions of the tions providing child care, carrying out Head to provide the young child assistance activi- local collaboratives under this title. Start programs, or providing pre-kinder- ties to young children (and parents of young SEC. 203. GRANTS TO LOCAL COLLABORATIVES. garten education, mental health, or family children) who reside in school districts in (a) IN GENERAL.—A State board that re- support services; and which half or more of the students receive ceives an allotment under section 202 shall (G) nonprofit organizations that serve the free or reduced price lunches under the Na- use the funds made available through the al- community and that are described in section tional School Lunch Act (42 U.S.C. 1751 et lotment, and the State contribution made 501(c)(3) of the Internal Revenue Code of 1986 seq.). under section 202(e)(2), to pay for the Federal and exempt from taxation under section (g) LOCAL SHARE.— and State shares of the cost of making 501(a) of such Code. (1) IN GENERAL.—The local collaborative grants, on a competitive basis, to local (e) APPLICATION.—To be eligible to receive shall contribute a percentage (referred to in collaboratives to carry out young child as- a grant under this section, a local collabo- this subsection as the ‘‘local share’’) of the sistance activities. rative shall submit an application to the cost of carrying out the young child assist- (b) USE OF FUNDS.—A local collaborative State board at such time, in such manner, that receives a grant made under subsection and containing such information as the ance activities. (a)— State board may require. At a minimum, the (2) PERCENTAGE.—The Secretary shall by (1) shall use funds made available through application shall contain— regulation specify the percentage referred to the grant to provide, in a community, activi- (1) sufficient information about the entity in paragraph (1). ties that consist of education and supportive described in subsection (d)(2) to enable the (3) FORM.—The local share of the cost shall services, such as— State board to determine whether the entity be in cash. (A) home visits for parents of young chil- complies with the requirements of such sub- (4) SOURCE.—The local collaborative shall dren; section; provide for the local share of the cost (B) services provided through community- (2) a comprehensive plan for carrying out through donations from private entities. based family resource centers for such par- young child assistance activities in the com- (5) WAIVER.—The State board shall waive ents; and munity, including information indicating— the requirement of paragraph (1) for poor (C) collaborative pre-school efforts that (A) the young child assistance activities rural and urban areas, as defined by the Sec- link parenting education for such parents to available in the community, as of the date of retary. (h) MONITORING.—The State board shall early childhood learning services for young submission of the plan, including informa- monitor the activities of local collaboratives children; and tion on efforts to coordinate the activities; that receive grants under this title to ensure (2) may use funds made available through (B) the unmet needs of young children, and compliance with the requirements of this the grant— parents of young children, in the community title. (A) to provide, in the community, activi- for young child assistance activities; ties that consist of— (C) the manner in which funds made avail- SEC. 204. APPROPRIATIONS. (i) activities designed to strengthen the able through the grant will be used— There are authorized to be appropriated, quality of child care for young children and (i) to meet the needs, including expanding and there are appropriated, to carry out this expand the supply of high quality child care and strengthening the activities described in title $100,000,000 for fiscal year 2000, services for young children; subparagraph (A) and establishing additional $200,000,000 for fiscal year 2001, $300,000,000 for (ii) health care services for young children, young child assistance activities; and fiscal year 2002, $400,000,000 for fiscal year including increasing the level of immuniza- (ii) to improve results for young children 2003, and $1,000,000,000 for fiscal year 2004. tion for young children in the community, in the community; TITLE III—EXCELLENT PRINCIPALS providing preventive health care screening (D) how the local cooperative will use at CHALLENGE GRANT and education, and expanding health care least 60 percent of the funds made available SEC. 301. GRANTS TO STATES FOR THE TRAINING services in schools, child care facilities, clin- through the grant to provide young child as- OF PRINCIPALS. ics in public housing projects (as defined in sistance activities to young children and (a) GRANTS.— section 3(b) of the United States Housing Act parents described in subsection (f); (1) IN GENERAL.—From the sums appro- of 1937 (42 U.S.C. 1437a(b))), and mobile dental (E) the comprehensive methods that the priated under subsection (g) and not reserved and vision clinics; collaborative will use to ensure that— under subsection (f) for any fiscal year, the (iii) services for children with disabilities (i) each entity carrying out young child as- Secretary shall award grants to eligible who are young children; and sistance activities through the collaborative State educational agencies or consortia of

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3804 CONGRESSIONAL RECORD — SENATE April 15, 1999 State educational agencies to enable such appoint a commission, consisting of rep- ‘‘(B) establishing short term in-school cri- State educational agencies or consortia to resentatives of local educational agencies, sis centers; award grants to local educational agencies State educational agencies, departments of ‘‘(C) providing medium duration in-school for the provision of professional development education within institutions of higher edu- suspension rooms; and services for public elementary school and cation, principals, education organizations, ‘‘(D) facilitating off-campus alternatives secondary school principals to enhance the community groups, business, and labor, to for such students; or leadership skills of such principals. examine existing professional development ‘‘(5) carry out other activities determined (2) AWARD BASIS.—The Secretary shall programs and to produce a report on the best appropriate by the Secretary. award grants under this section to eligible practices to help principals in multiple edu- ‘‘(d) ELIGIBILITY.—To be eligible to receive State educational agencies or consortia on cation environments across our Nation. The financial assistance from a State edu- the basis of criteria that includes— report shall be produced not later than 1 cational agency under this part a local edu- (A) the quality of the proposed use of the year after the date of enactment of this Act. cational agency shall— grant funds; and (g) APPROPRIATIONS.—There are authorized ‘‘(1) prepare and submit to the State edu- (B) the educational need of the State or to be appropriated, and there are appro- cational agency an application that contains States. priated, $100,000,000 for each of the fiscal an assurance that the local educational (b) ELIGIBILITY.—To be eligible to receive a years 2000 through 2004 to carry out this sec- agency will use the assistance to carry out grant under subsection (a), a State edu- tion. activities described in subsection (c); cational agency or consortium shall prepare TITLE IV—SECOND CHANCE PROGRAMS ‘‘(2) have enacted and implemented a dis- and submit to the Secretary an application FOR DISRUPTIVE OR VIOLENT STUDENTS cipline code that— at such time, in such manner, and con- ‘‘(A) is applied on a school district-wide taining such information as the Secretary SEC. 401. ESTABLISHMENT OF SECOND CHANCE basis; GRANT PROGRAM. may require, including an assurance that— ‘‘(B) makes use of clear, understandable Title XIII of the Elementary and Sec- (1) matching funds will be provided in ac- language, including specific examples of be- ondary Education Act of 1965 (20 U.S.C. 8601 cordance with subsection (e); and haviors that will result in disciplinary ac- et seq.) is amended by adding at the end the (2) principals were involved in developing tions; and following: the application and the proposed use of the ‘‘(C) is subject to signature by all students grant funds. ‘‘PART E—SECOND CHANCE PROGRAMS and their parents or guardians; and (c) USE OF FUNDS.—Subject to section FOR DISRUPTIVE OR VIOLENT STUDENTS ‘‘(3) comply with any other requirements 3(a)(1), a State educational agency or consor- ‘‘SEC. 13501. STATEMENT OF PURPOSE. determined appropriate by the State. tium that receives a grant under this section ‘‘It is the purpose of this part to provide fi- ‘‘SEC. 13503. FUNDING. shall use amounts received under the grant nancial assistance to State educational ‘‘Each State educational agency having an to provide assistance to local educational agencies and local educational agencies to application approved under this part shall agencies to enable such local educational initiate a program of demonstration receive a grant for a fiscal year in an amount agencies to provide training and other ac- projects, personnel training, and similar ac- that bears the same relation to the total tivities to increase the leadership and other tivities designed to build a nationwide capa- amount appropriated under section 13505 for skills of principals in public elementary bility in public elementary schools and sec- the fiscal year as the amount the State edu- schools and secondary schools. Such activi- ondary schools to meet the educational cational agency is eligible to receive under ties may include activities— needs of violent or disruptive students. part A of title I for the fiscal year bears to (1) to enhance and develop school manage- the amount received by all State educational ment and business skills; ‘‘SEC. 13502. AUTHORIZED PROGRAMS. agencies under part A of title I for the fiscal (2) to provide principals with knowledge ‘‘(a) ESTABLISHMENT OF PROGRAM.—From year. of— the sums appropriated under section 13505 for (A) effective instructional skills and prac- any fiscal year, the Secretary (after con- ‘‘SEC. 13504. RULES OF CONSTRUCTION. tices; and sultation with experts in the field of the edu- ‘‘(a) SERVICE OF STUDENTS.—Nothing in (B) comprehensive whole-school ap- cation of disruptive or violent students) this part shall be construed to prohibit a re- proaches and programs; shall make grants to State educational agen- cipient of funds under this part from serving (3) to improve understanding of the effec- cies to enable such State educational agen- disruptive or violent students simulta- tive uses of educational technology; cies to provide financial assistance to local neously with students with similar edu- (4) to provide training in effective, fair educational agencies to assist such local cational needs, in the same educational set- evaluation of school staff; and educational agencies in carrying out pro- tings where appropriate. (5) to improve knowledge of State content grams or projects that are designed to meet ‘‘(b) INDIVIDUALS WITH DISABILITIES EDU- and performance standards. the educational needs of violent or disrup- CATION ACT.—Nothing in this part shall be (d) AMOUNT OF GRANT.—The amount of a tive students, including the training of construed to restrict or eliminate any pro- grant awarded to a State educational agency school personnel in the education of violent tection provided for in the Individuals with or consortium under this section shall be de- or disruptive students. Disabilities Education Act (20 U.S.C. 1400 et termined by the Secretary. ‘‘(b) APPLICATION.—Each State educational seq.) with respect to students with disabil- (e) MATCHING REQUIREMENT.— agency desiring assistance under this part ities. (1) IN GENERAL.—To be eligible to receive shall submit an application to the Secretary ‘‘SEC. 13505. APPROPRIATIONS. funds under this section, a State educational at such time, in such manner, and con- ‘‘There are authorized to be appropriated, agency or consortium shall provide assur- taining such information as the Secretary and there are appropriated, $100,000,000 for ances satisfactory to the Secretary that non- may reasonably require. each of the fiscal years 2000 through 2004 to Federal funds will be made available to carry ‘‘(c) USES OF FUNDS.—Subject to section carry out this part.’’. out activities under this title in an amount 3(a)(1) of the Comprehensive School Improve- TITLE V—TEACHER QUALITY AND equal to 25 percent of the amount that is pro- ment and Accountability Act of 1999, TRAINING vided to the State educational agency or amounts provided under a grant under this consortium under this section. section shall be used by the State edu- SEC. 501. GRANTS FOR LOW-INCOME AREAS. Title XIII of the Elementary and Sec- (2) WAIVER.—The Secretary shall promul- cational agency to provide financial assist- gate regulations to waive the matching re- ance to local educational agencies. Such ondary Education Act of 1965 (20 U.S.C. 8601 quirement of paragraph (1) with respect to local educational agencies shall use such as- et seq.), as amended by section 401, is further State educational agencies or consortia that sistance to— amended by adding at the end the following: the Secretary determines serve low-income ‘‘(1) promote effective classroom manage- ‘‘PART F—INCREASING SALARIES FOR areas. ment; TEACHERS (3) NON-FEDERAL CONTRIBUTIONS.—Non-Fed- ‘‘(2) provide training for school staff and ‘‘SEC. 13601. GRANTS FOR STATE EDUCATIONAL eral funds required under paragraph (1) may administrators in enforcement of the dis- AGENCIES. be provided in cash or in kind, fairly evalu- cipline code described in subsection (d)(2), ‘‘(a) IN GENERAL.—The Secretary shall ated, including plant, equipment, or services. which may include training on violence pre- make grants to eligible State educational Amounts provided by the Federal Govern- vention; agencies to enable such agencies to increase ment, and any portion of any service sub- ‘‘(3) implement programs to modify stu- the salaries of teachers in elementary sidized by the Federal Government, may not dent behavior, including hiring pupil serv- schools and secondary schools. be included in determining the amount of ices personnel (including school counselors, ‘‘(b) ELIGIBILITY.—To be eligible to receive such non-Federal funds. school psychologists, school social workers, a grant under subsection (a), a State edu- (f) RESERVATION.—The Secretary may re- and other professionals); cational agency shall prepare and submit to serve not more than 2 percent of the amount ‘‘(4) establish high quality alternative the Secretary an application at such time, in appropriated under subsection (g) for each placements for chronically disruptive or vio- such manner, and containing such informa- fiscal year to develop model national pro- lent students that include a continuum of al- tion as the Secretary may require. grams to provide the activities described in ternatives such as— ‘‘(c) USE OF FUNDS.—A State educational subsection (c) to principals. In carrying out ‘‘(A) meeting with behavior management agency that receives a grant under this sec- the preceding sentence the Secretary shall specialists; tion shall use amounts received under the

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3805 grant to increase the salaries of teachers in any fiscal year, the Secretary shall allocate ‘‘SEC. 420R. SCHOLARSHIP CONDITION. elementary schools and secondary schools. to each State that has an agreement under ‘‘The State educational agency shall estab- ‘‘SEC. 13602. GRANTS TO STATES FOR SIGNING section 420O an amount that bears the same lish procedures to assure that a scholar BONUSES TO TEACHERS. relation to the sums as the amount the State awarded a scholarship under this subpart ‘‘(a) IN GENERAL.—The Secretary shall received under part A of title I of the Ele- pursues a course of study at an institution of make grants to eligible States to enable the mentary and Secondary Education Act of higher education that is related to a career States to provide incentives to encourage in- 1965 bears to the amount received under such in teaching. dividuals to accept employment as teachers part A by all States. ‘‘SEC. 420S. RECRUITMENT. in certain elementary schools and secondary ‘‘(b) AMOUNT OF SCHOLARSHIPS.—The Sec- ‘‘In carrying out a scholarship program schools in the States. retary shall promulgate regulations setting under this section, a State may use not less ‘‘(b) ELIGIBILITY.—To be eligible to receive forth the amount of scholarships awarded than 5 percent of the amount awarded to the a grant under subsection (a), a State shall under this subpart. State under this subpart to carry out re- prepare and submit to the Secretary an ap- ‘‘SEC. 420O. AGREEMENTS. cruitment programs through local edu- plication at such time, in such manner, and ‘‘The Secretary shall enter into an agree- cational agencies. Such programs shall tar- containing such information as the Sec- ment with each State desiring to participate get liberal arts, education and technical in- retary may require. in the scholarship program authorized by stitutions of higher education in the State. ‘‘(c) USE OF FUNDS.—A State that receives this subpart. Each such agreement shall in- ‘‘SEC. 420T. INFORMATION. a grant under this section shall use amounts clude provisions designed to ensure that— ‘‘The Secretary shall develop additional received under the grant to provide incen- ‘‘(1) the State educational agency will ad- programs or strengthen existing programs to tives to encourage individuals to accept em- minister the scholarship program authorized publicize information regarding the pro- ployment in an elementary school or sec- by this subpart in the State; grams assisted under this title and teaching ondary school that is served by a local edu- ‘‘(2) the State educational agency will careers in general. cational agency that meets the eligibility re- comply with the eligibility and selection ‘‘SEC. 420U. APPROPRIATIONS. quirements described in section 3(a)(2) of the provisions of this subpart; ‘‘There are authorized to be appropriated, Comprehensive School Improvement and Ac- ‘‘(3) the State educational agency will con- and there are appropriated, to carry out this countability Act of 1999. duct outreach activities to publicize the subpart $10,000,000 for each of the fiscal years ‘‘(d) AMOUNT OF GRANT.—The amount of a availability of scholarships under this sub- 2000 through 2004, of which not more than 0.5 grant to be awarded to a State under this part to all eligible students in the State, percent shall be used by the Secretary in any section shall be determined by the Sec- with particular emphasis on activities de- fiscal year to carry out section 420T.’’. retary. signed to assure that students from low-in- SEC. 503. TEACHER QUALITY. ‘‘(e) LIMITATION.—The Secretary shall use come and moderate-income families have ac- Section 210 of the Higher Education Act of not more than $10,000,000 of the amount ap- cess to the information on the opportunity 1965 (20 U.S.C. 1030) is amended to read as fol- propriated under section 13603 for each fiscal for full participation in the scholarship pro- lows: year to carry out this section. gram authorized by this subpart; and ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 13603. APPROPRIATIONS. ‘‘(4) the State educational agency will pay ‘‘There are authorized to be appropriated ‘‘There are authorized to be appropriated, to each individual in the State who is award- to carry out this title $435,000,000 for each of and there are appropriated, $500,000,000 for ed a scholarship under this subpart an the fiscal years 2000 through 2004, of which— each of the fiscal years 2000 and 2001, amount determined in accordance with regu- ‘‘(1) 62 percent shall be available for each $1,000,000,000 for each of the fiscal years 2002 lations promulgated under section 420N(b). fiscal year to award grants under section 202; and 2003, and $2,000,000,000 for fiscal year 2004 ‘‘SEC. 420P. ELIGIBILITY OF SCHOLARS. ‘‘(2) 31 percent shall be available for each to carry out this part.’’. ‘‘(a) SECONDARY SCHOOL GRADUATION OR fiscal year to award grants under section 203; SEC. 502. SCHOLARSHIPS FOR FUTURE TEACH- EQUIVALENT AND ADMISSION TO INSTITUTION and ERS. REQUIRED.—Each student awarded a scholar- ‘‘(3) 7 percent shall be available for each Part A of title IV of the Higher Education ship under this subpart shall— fiscal year to award grants under section Act of 1965 (20 U.S.C. 1070 et seq.) is amended ‘‘(1) have a secondary school diploma or its 204.’’. by adding at the end the following: recognized equivalent; SEC. 504. LOAN FORGIVENESS AND CANCELLA- ‘‘SUBPART 9—SCHOLARSHIPS FOR FUTURE ‘‘(2) have a score on a nationally recog- TION FOR TEACHERS. TEACHERS nized college entrance exam, such as the (a) FEDERAL STAFFORD LOANS.—Section ‘‘SEC. 420L. STATEMENT OF PURPOSE. Scholastic Aptitude Test (SAT) or the Amer- 428J of Higher Education Act of 1965 (20 ‘‘It is the purpose of this subpart to estab- ican College Testing Program (ACT), that is U.S.C. 1078–10) is amended— lish a scholarship program to promote stu- in the top 20 percent of all scores achieved by (1) in the matter preceding subparagraph dent excellence and achievement and to en- individuals in the secondary school grad- (A) of subsection (b)(1), by striking ‘‘for 5 courage students to make a commitment to uating class of the student, or have a grade consecutive complete school years’’; teaching. point average that is in the top 20 percent of (2) by amending paragraph (1) of subsection (c) to read as follows: ‘‘SEC. 420M. SCHOLARSHIPS AUTHORIZED. all students in the secondary school grad- ‘‘(1) AMOUNT.— ‘‘(a) PROGRAM AUTHORITY.—The Secretary uating class of the student; ‘‘(3) have been admitted for enrollment at ‘‘(A) IN GENERAL.—The Secretary shall is authorized, in accordance with the provi- repay— sions of this subpart, to make grants to an institution of higher education; and ‘‘(4) make a commitment to become a ‘‘(i) not more than $5,000 in the aggregate States to enable the States to award scholar- of the loan obligation on a loan made under ships to individuals who have demonstrated State certified elementary school or sec- ondary school teacher for a period of 5 years. section 428 or 428H that is outstanding after outstanding academic achievement and who the completion of the second complete ‘‘(b) SELECTION BASED ON COMMITMENT TO make a commitment to become State cer- school year of teaching described in sub- tified teachers in elementary schools or sec- TEACHING.—Each student awarded a scholar- ship under this subpart shall demonstrate section (b)(1); and ondary schools that are served by local edu- ‘‘(ii) not more than $5,000 in the aggregate cational agencies that meet the eligibility outstanding academic achievement and show promise of continued academic achievement. of such loan obligation that is outstanding requirements described in section 3(a)(2) of after the fifth complete school year of teach- the Comprehensive School Improvement and ‘‘SEC. 420Q. SELECTION OF SCHOLARS. ing described in subsection (b)(1). Accountability Act of 1999. ‘‘(a) ESTABLISHMENT OF CRITERIA.—The ‘‘(B) SPECIAL RULE.—No borrower may re- ‘‘(b) PERIOD OF AWARD.—Scholarships State educational agency is authorized to es- ceive a reduction of loan obligations under under this section shall be awarded for a pe- tablish the criteria for the selection of schol- both this section and section 460.’’; and riod of not less than 1 and not more than 4 ars under this subpart. (3) by adding at the end the following: years during the first 4 years of study at any ‘‘(b) ADOPTION OF PROCEDURES.—The State ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— institution of higher education eligible to educational agency shall adopt selection pro- There are authorized to be appropriated, and participate in any program assisted under cedures designed to ensure an equitable geo- there are appropriated, to carry out this sec- this title. The State educational agency ad- graphic distribution of scholarship awards tion $50,000,000 for each of the fiscal years ministering the scholarship program in a within the State. 2000 through 2004.’’. State shall have discretion to determine the ‘‘(c) CONSULTATION REQUIREMENT.—In car- (b) DIRECT LOANS.—Section 460 of the High- period of the award (within the limits speci- rying out its responsibilities under sub- er Education Act of 1965 (20 U.S.C. 1087j) is fied in the preceding sentence). sections (a) and (b), the State educational amended— ‘‘(c) USE AT ANY INSTITUTION PERMITTED.— agency shall consult with school administra- (1) in the matter preceding clause (i) of A student awarded a scholarship under this tors, local educational agencies, teachers, subsection (b)(1)(A), by striking ‘‘for 5 con- subpart may attend any institution of higher counselors, and parents. secutive complete school years’’; education. ‘‘(d) TIMING OF SELECTION.—The selection (2) by amending paragraph (1) of subsection ‘‘SEC. 420N. ALLOCATION AMONG STATES. process shall be completed, and the awards (c) to read as follows: ‘‘(a) ALLOCATION FORMULA.—From the made, prior to the end of each secondary ‘‘(1) IN GENERAL.—The Secretary shall sums appropriated under section 420U for school academic year. repay—

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‘‘(A) not more than $5,000 in the aggregate (e) NATIONAL TEACHER TRAINING PROJECT.— vided in cash or in kind, fairly evaluated, in- of the loan obligation on a Federal Direct Section 2103(b)(2) of such Act (20 U.S.C. cluding plant, equipment, or services. Stafford Loan or a Federal Direct Unsub- 6623(b)(2)) is amended by adding at the end (f) APPROPRIATIONS.—There are authorized sidized Stafford Loan that is outstanding the following: to be appropriated, and there are appro- after the completion of the second complete ‘‘(J) Technology.’’. priated, $10,000,000 for each of the fiscal years school year of teaching described in sub- (f) LOCAL PLAN FOR IMPROVING TEACHING 2000 through 2004 to carry out this section. section (b)(1)(A); and AND LEARNING.—Section 2208(d)(1)(F) of such TITLE VII—EXPANDING NATIONAL BOARD ‘‘(B) not more than $5,000 in the aggregate Act (20 U.S.C. 6648(d)(1)(F)) is amended by in- CERTIFICATION PROGRAM FOR TEACH- of such loan obligation that is outstanding serting ‘‘, technologies,’’ after ‘‘strategies’’. ERS (g) AUTHORIZED ACTIVITIES.—Section after the fifth complete school year of teach- SEC. 701. PURPOSE. 2210(b)(2)(C) of such Act (20 U.S.C. ing described in subsection (b)(1)(A).’’; and It is the purpose of this title to assist 6650(b)(2)(C)) is amended by inserting ‘‘, and (3) by adding at the end the following: 105,000 elementary school or secondary in particular technology,’’ after ‘‘practices’’. ‘‘(i) APPROPRIATIONS.—There are author- school teachers in becoming board certified (h) HIGHER EDUCATION ACTIVITIES.—Section ized to be appropriated, and there are appro- by the year 2006. priated, to carry out this section $50,000,000 2211(a)(1)(C) of such Act (20 U.S.C. 6651(a)(1)(C)) is amended by inserting ‘‘, in- SEC. 702. GRANTS TO EXPAND PARTICIPATION IN for each of the fiscal years 2000 through THE NATIONAL BOARD CERTIFI- 2004.’’. cluding technological innovation,’’ after ‘‘in- CATION PROGRAM. SEC. 505. TEACHER QUALITY ENHANCEMENT novation’’. (a) IN GENERAL.—From amounts appro- GRANTS. TITLE VI—INVESTMENT IN COMMUNITY- priated under subsection (e), the Secretary (a) STATES.—Section 202(d) of the Higher BASED SCHOOLS AND COMMUNITY shall award grants to States to enable such Education Act of 1965 (20 U.S.C. 1022(d)) is SERVICE States to provide subsidies to elementary amended by adding at the end the following: SEC. 601. 21ST CENTURY COMMUNITY LEARNING school and secondary school teachers who ‘‘(8) MENTORING.—Promoting mentoring CENTERS. enroll in the certification program of the Na- programs that pair veteran teachers with Part I of title X of the Elementary and tional Board for Professional Teaching novice teachers in order to— Secondary Education Act of 1965 (20 U.S.C. Standards. ‘‘(A) increase the skill level of the novice 8241 et seq.) is amended— (b) APPLICATION.—To be eligible to receive teacher; (1) in section 10905, by adding at the end a grant under subsection (a), a State shall ‘‘(B) assist in the classroom effectiveness the following: prepare and submit to the Secretary an ap- of the novice teacher; and ‘‘(14) Mentoring programs. plication at such time, in such manner, and ‘‘(C) help promote the retention of the nov- ‘‘(15) Academic assistance. containing such information as the Sec- ice teacher in the school.’’. ‘‘(16) Drug, alcohol, and gang prevention retary may require. (b) PARTNERSHIPS.—Section 203(e) of the activities.’’; and (c) AMOUNT OF GRANT.—The amount of a Higher Education Act of 1965 (20 U.S.C. (2) in section 10907, by striking ‘‘$20,000,000 grant awarded to a State under subsection 1023(e)) is amended by adding at the end the for fiscal year 1995’’ and all that follows (a) shall be determined by the Secretary. following: through the period and inserting ‘‘$600,000,000 (d) USE OF FUNDS.— ‘‘(5) MENTORING.—Promoting mentoring for each of the fiscal years 2000 through 2004, (1) IN GENERAL.—A State shall use amounts programs that pair veteran teachers with to carry out this part.’’. received under a grant under this section to novice teachers in order to— SEC. 602. GRANTS FOR PROGRAMS REQUIRING provide a subsidy to an eligible teacher who ‘‘(A) increase the skill level of the novice COMMUNITY SERVICE. enrolls and completes the teaching certifi- teacher; (a) IN GENERAL.—From sums appropriated cation program of the National Board for ‘‘(B) assist in the classroom effectiveness under subsection (f) for any fiscal year, the Professional Teaching Standards. of the novice teacher; and Secretary shall award grants to State edu- (2) ELIGIBILITY.—To be eligible to receive a ‘‘(C) help promote the retention of the nov- cational agencies to enable such State edu- subsidy under this section an individual ice teacher in the school.’’. cational agencies to create and carry out shall— SEC. 506. IMPROVING TEACHER TECHNOLOGY programs to help students meet State sec- (A) be a teacher in an elementary school or TRAINING. ondary school graduation requirements re- secondary school, served by a local edu- (a) STATEMENT OF PURPOSE FOR TITLE I.— lating to community service. cational agency that meets the eligibility re- Section 1001(d)(4) of the Elementary and Sec- (b) APPLICATION.—To be eligible to receive quirements described in section 3(a)(2), in ondary Education Act of 1965 (20 U.S.C. a grant under this section a State edu- the State involved; 6301(d)(4)) is amended by inserting ‘‘, giving cational agency shall prepare and submit to (B) prepare and submit to the State an ap- particular attention to the role technology the Secretary an application at such time, in plication at such time, in such manner, and can play in professional development and im- such manner, and containing such informa- containing such information as the State proved teaching and learning’’ before the tion as the Secretary may require. may require; and semicolon. (c) AMOUNT.—The Secretary shall deter- (C) certify to the State that the individual (b) SCHOOL IMPROVEMENT.—Section mine the amount of a grant awarded to a intends to enroll and complete the teaching 1116(c)(3) of such Act (20 U.S.C. 6317(c)(3)) is State educational agency under this section. certification program of the National Board amended by adding at the end the following: (d) USE OF FUNDS.—A State educational for Professional Teaching Standards. ‘‘(D) In carrying out professional develop- agency shall use amounts received under a (3) AMOUNT OF SUBSIDY.—Subject to the ment under this paragraph a school shall grant under this section to establish or ex- availability of funds, a State shall provide to give particular attention to professional de- pand a Statewide program, or school dis- a teacher with an application approved under velopment that incorporates technology used trict-wide programs, that help secondary paragraph (2) a subsidy in an amount equal to improve teaching and learning.’’. school students to perform community serv- to 90 percent of the cost of enrollment in the (c) PROFESSIONAL DEVELOPMENT.—Section ice in order to receive their secondary school program described in paragraph (2)(C). 1119(b) of such Act (20 U.S.C. 6320(b)) is diplomas. In carrying out such programs the (e) APPROPRIATIONS.—There are authorized amended— State educational agency shall determine to be appropriated, and there are appro- (1) in paragraph (1)— the type of community service required, the priated, to carry out this section $37,800,000 (A) in subparagraph (D), by striking ‘‘and’’ hours required, and whether to exempt low- for each of the fiscal years 2000 through 2004. after the semicolon; income students who are employed before or TITLE VIII—ENCOURAGING PUBLIC (B) in subparagraph (E), by striking the pe- after school, or during summer months. SCHOOL CHOICE riod and inserting ‘‘; and’’; and (e) MATCHING REQUIREMENT.— SEC. 801. GRANTS TO ENCOURAGE PUBLIC (C) by adding at the end the following: (1) IN GENERAL.—To be eligible to receive SCHOOL CHOICE. ‘‘(F) include instruction in the use of tech- funds under this section, a State educational (a) IN GENERAL.—From amounts appro- nology.’’; and agency shall provide assurances satisfactory priated under subsection (f), the Secretary (2) in paragraph (2)— to the Secretary that non-Federal funds will shall award grants to States to enable such (A) by striking subparagraph (D); and be made available to carry out activities States to implement public school choice (B) by redesignating subparagraphs (E) under this section in an amount equal to the programs. through (I) as subparagraphs (D) through (H), amount that is provided to the State edu- (b) APPLICATION.—To be eligible to receive respectively. cational agency under this section, of a grant under this section a State shall pre- (d) PURPOSES FOR TITLE II.—Section 2002(2) which— pare and submit to the Secretary an applica- of such Act (20 U.S.C. 6602(2)) is amended— (A) 50 percent of such non-Federal funds tion at such time, in such manner, and con- (1) in subparagraph (E), by striking ‘‘and’’ shall be provided by the State educational taining such information as the Secretary after the semicolon; agency or local educational agencies in the may require. (2) in subparagraph (F), by striking the pe- State; and (c) AMOUNT.—The Secretary shall deter- riod and inserting ‘‘; and’’; and (B) 50 percent of such non-Federal funds mine the amount of a grant awarded to a (3) by adding at the end the following: shall be provided from the private sector. State under this section. ‘‘(G) uses technology to enhance the teach- (2) CONTRIBUTIONS.—Non-Federal contribu- (d) USE OF FUNDS.—Subject to section ing and learning process.’’. tions required in paragraph (1) may be pro- 3(a)(1), a State shall use amounts received

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3807 under a grant under this section to establish weeks. If a student needs assistance in ing of our teachers and principals and a statewide public school choice program a specific area such as reading, a tutor rewarding local districts that display under which elementary school and sec- is provided to help that student im- excellence in education. ondary school students, who attend a school prove his or her reading skills. The Kerry-Smith bill is an aggressive served by a local educational agency that meets the eligibility requirements described Mr. President, this is exactly what approach and puts these principles to in section 3(a)(2), may enroll in any public every school in America should be work—not in Washington, D.C., but in school of their choice. Amounts provided doing. In addition, the Modern Red our states and local school districts. under such grant may also be used— Schoolhouse program goes back to the We realize that there are many edu- (1) to improve low performing school dis- basics and focuses on the core subject cation reform proposals that will be in- tricts that lose students as a result of the areas of math, science, and reading. troduced in the Senate this year. And program; and Students learn to master these subject despite the differing views of our re- (2) for any other activities determined ap- areas at their own pace in order to ful- spective parties on education in pre- propriate by the State. ERRY (e) LIMITATION.—A State may use not more fill individual learning contracts. Im- vious years, Senator K and I in- than 10 percent of the amount received under portantly, this program combines pa- tended to work with our colleagues on a grant under this section to carry out ac- rental and community involvement both sides of the aisle to find a work- tivities under subsection (d)(2). with flexible daily and yearly sched- able solution based on the combined (f) APPROPRIATIONS.—There are authorized ules for students in order to meet their strength of various bills. to be appropriated, and there are appro- individual goals. In closing, I would like to thank my priated, to carry out this section, $10,000,000 It is clear that any education reform colleague, Senator KERRY, for his fore- for each of the fiscal years 2000 through 2004. proposal must be comprehensive in sight and leadership on this issue and Mr. SMITH of Oregon. Mr. President, order to be successful. That is why the encourage my colleagues’ cosponsor- I rise today in an effort of bipartisan- Kerry-Smith bill focuses on the needs ship and support. The education of our ship with Senator KERRY, to present of children and parents before the children is, and must continue to be, a our plan to improve the quality of edu- school day begins, and after the school bipartisan commitment to excellence. cation for the children of this country. day ends. Mr. KENNEDY. Mr. President, I sup- The legislation that we are introducing First, our legislation strives to en- port the Education Improvement Act with Senators CHAFEE, COLLINS, SNOWE, sure that every child begins school of 1999, introduced today by Senator BAYH, CLELAND, KENNEDY, LEVIN, ready to learn by providing the re- SMITH and Senator KERRY, and I am EDWARDS, BRYAN, and MURRAY, com- sources to expand existing programs proud to be a sponsor. It is a major ini- bines the best ideas from the Repub- such as EvenStart or HeadStart. tiative to improve the nation’s public licans with the best ideas from the Second, our legislation provides the schools and address the serious prob- Democrats—it is a way of reaching resources for the development and lems they face, such as the shortage of across the aisle to accomplish edu- training of excellent principals—and teachers and the lack of after-school cation reform. the retraining of current principals to programs. These are real problems that Our shared goal is legislation that improve the way they manage our deserve real solutions. empowers educators, parents, and prin- schools. This program can be an oppor- Education must continue to be a top cipals to initiate positive change in the tunity to encourage and recruit sec- priority for this Congress. Few other local school districts without burden- ond-career principals from the business issues are as important to the nation some Federal mandates. The Kerry- community. as ensuring that every child has the op- Smith Plan to Educate America’s Chil- Third, we provide the needed support portunity for a good education. dren acts upon that goal and incor- for communities to develop alternative Last year, with broad bipartisan sup- porates what the President proposed in schools for students who need further port, Congress made substantial invest- his State of the Union Address—that academic or psychological counseling. ments in the nation’s public schools to our Federal dollars must be invested in One of the concerns I hear in my state reduce class size, expand after-school programs that work. I couldn’t agree is that there aren’t enough counselors programs and improve the initial train- more. We need to ensure that we’re in each school district. In fact, one par- ing of teachers. But more needs to be getting the biggest bang out of our ticular school district in my state, has done. States and local communities are education buck—not only for the Fed- one counselor for every 800 students. It making significant progress toward im- eral Government—but for the tax- is my hope we can greatly increase the proving their public schools, but they payers who deserve it, and who expect number of counselors. Too many chil- can’t do it alone. The federal govern- it. The taxpayers are not only the dren need extra support, and it benefits ment must lend a helping hand. watchdogs of how we spend our money, us all to help ensure they get that sup- We must do more to meet the needs they are the stockholders and have the port. of public schools, families, and chil- right to determine the direction and In this world-wide web generation dren. We need to expand early child- quality of our investment. This legisla- where everything is changing and hood education programs, and meet our tion turns the taxpayers into stock- growing at such a rapid rate, we’re not commitment to reducing class size, holders by directing the Federal dollars always able to keep up with the pace modernizing school buildings, improv- to State and local education agencies and progress of our children. Thomas ing the quality of the nation’s teach- and allows them to manage the money Jefferson once said something to the ers, and provide more opportunities for locally—in local school districts and effect that each generation is its own after-school programs. for local students—to enhance and im- nation—and I think that is true to The bill addresses these important prove the quality of public education in some extent—and it is our responsi- issues in innovative and very prom- our nation. bility to prepare the next generation as ising ways. The proposed ‘‘Excellent Our proposal provides local education they face the challenges of the next Principals Challenge Grants’’ will give agencies, parents, principals, and century. school principal the support they need teachers the resources to build upon re- So as we begin debating education re- to be effective school leaders. Prin- form models that have been proven to form, I will support those policies that cipals are the bridge between the work, such as the Modern Red School- fulfill our commitment. We can school and the school boards, and the house and Success For All programs. achieve our commitment by providing children and families in the commu- For example, the Success For All pro- comprehensive programs to meet the nity. More needs to be done to make gram focuses on raising the achieve- needs of all of our children throughout sure that principals receive the train- ment levels of K–12 students in low-per- the entire school day and after school. ing they need to become effective forming schools by providing a wide We can achieve our commitment by school administrators. Every child range of assistance, including one-on- investing in education programs that should have the opportunity to attend one tutoring and family support pro- have proven to work—based on re- a school with a well-trained teacher grams. To ensure that progress is being search and real results. And we can and a well-trained principal. made, students in the Success For All achieve our commitment by directing When it comes to education, the na- program are assessed every eight the resources for mentoring and train- tion’s children deserve the best help we

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3808 CONGRESSIONAL RECORD — SENATE April 15, 1999 can give them. I commend Senator cent of poverty are uninsured. In con- Husband Kimmel and General Walter KERRY and Senator SMITH for making trast, 92.2 percent of individuals in Short. this strong commitment to improving families with incomes over $50,000 have They were the two senior com- the nation’s public schools. insurance. manders of U.S. military forces de- Bearing all this in mind, I am intro- ployed in the Pacific at the time of the By Mr. DURBIN (for himself and ducing a bill that recognizes that the disastrous surprise December 7, 1941 at- Mr. SCHUMER): most concentrated pool of Americans tack on Pearl Harbor. In the imme- S. 825. A bill to amend the Internal without health insurance are low-in- diate aftermath of the attack they Revenue Code of 1986 to allow small come workers in small businesses (0–9 were unfairly and publicly charged business employers a credit against in- employees). The bill provides tax cred- with dereliction of duty and blamed as come tax for employee health insur- its to small businesses when they pro- singularly responsible for the success ance expenses paid or incurred by the vide health insurance to those low-in- of that attack. In short, as we all know employer; to the Committee on Fi- come workers. The bill provides a tax today, they were scapegoated. nance. credit of up to $600 for an individual What is most unforgivable is that SMALL BUSINESS TAX CREDIT FOR HEALTH policy for a worker making up to after the end of World War II, this INSURANCE FOR LOW-INCOME WORKERS $16,000/yr. and a tax credit of up to scapegoating was given a near perma- Mr. DURBIN. Mr. President, I rise $1,200 for a family policy for a worker nent veneer when the President of the today on tax day to introduce a new making up to $16,000/yr. The tax credit United States declined to advance Ad- legislative proposal to help small busi- is valued at 60 percent of what the em- miral Kimmel and General Short on nesses afford quality health insurance ployer contributes for the individual’s the retired list to their highest ranks for their low-income workers. The health insurance, or 70 percent of what of wartime command—an honor that number of uninsured is at an all-time the employer contributes for a family was given to every other senior com- high. More than 43 million people, in- policy, to the maximum of $600 and mander who served in wartime posi- cluding 11 million children, lack health $1,200 for self-only and family policies tions above his regular grade. insurance coverage. Workers in small respectively. firms are significantly more likely to The proposal does not undermine the That decision to exclude only these be uninsured than workers in larger employer-based health insurance mar- two officers was made despite the fact firms. Nationally, 34 percent of work- ket, and does not undermine the pro- that wartime investigations had al- ers in small businesses with less than tections and advantages that are avail- ready exonerated those commanders of 10 employees are uninsured. This com- able to group purchasers. Instead it is the dereliction of duty charge and pares to the national average for all designed to help small businesses to criticized the War and Navy Depart- workers which is 18.2 percent. In Illi- provide quality health insurance bene- ments for failings that contributed to nois, 183,781 workers in a small busi- fits for their employees. the success of the attack on Pearl Har- ness in 1997 went without health insur- bor. ance. For low-income workers the situ- By Mr. ROTH (for himself, Mr. Mr. President, let me repeat this ation was even worse. Nationally, 41.3 BIDEN, Mr. HELMS, Mr. STE- fact: Admiral Kimmel and General percent of workers earning less than VENS, Mr. SPECTER, Mr. THUR- Short were the only two flag and gen- $16,000 were uninsured. Again in Illi- MOND, Mr. ENZI, Mr. COCHRAN, eral rank officers from World War II nois, 112,770 working for less than Mr. MURKOWSKI, Mr. ABRAHAM, excluded from advancement on the $16,000 in small businesses were unin- Mr. CRAIG, Mr. DOMENICI, Mr. military’s retired list. That fact alone sured. DURBIN, Mr. KENNEDY, Mr. perpetuates the myth that Admiral This situation is deteriorating. Re- KERRY, Mr. KYL, Mr. HOLLINGS, Kimmel and General Short were dere- cent studies show that the number of Mr. SMITH of New Hampshire, lict in their duty and singularly re- small businesses offering health insur- Ms. COLLINS, Ms. LANDRIEU, Mr. sponsible for the success of the attack ance has been declining. In 1996, 52 per- VOINOVICH, and Mr. DEWINE): on Pearl Harbor. S.J. Res. 19. A joint resolution re- cent of small businesses offered their The scapegoating of Admiral Kimmel questing the President to advance the employees health insurance benefits. and General Short was one of the great late Rear Admiral Husband E. Kimmel This level had fallen to 47 percent by injustices that occurred within our on the retired list of the Navy to the 1998. For the smallest firms, those with own ranks during World War II. The highest grade held as Commander in 3–9 workers, the percentage of employ- motivation behind our resolution today Chief, United States Fleet, during ees covered by employer-sponsored is to recognize and correct this injus- World War II, and to advance the late health insurance fell from 36 percent in tice. 1996 to 31 percent in 1998. Major General Walter C. Short on the Only 39 percent of small businesses retired list of the Army to the highest Our resolution calls upon the Presi- with a significant percentage of low-in- grade held as Commanding General, dent of the United States post- come employees offer employer-spon- Hawaiian Department, during World humously to advance on the retirement sored health insurance—such compa- War II, as was done under the Officer lists Admiral Kimmel and General nies are half as likely to offer health Personnel Act of 1947 for all other sen- Short to the grades of this highest war- benefits as are companies that have ior officers who served in positions of time commands. In adopting this reso- only a small proportion of low-income command during World War II, and for lution, the Senate would communicate employees. other purposes; to the Committee on its recognition of the injustice done to One of the main reasons for this de- Armed Services. them and call upon the President to cline in employer-sponsored health in- ADVANCEMENT OF REAR ADM. KIMMEL AND MAJ. take corrective action. Such a state- surance is cost. Small businesses pay GEN. SHORT ON RETIRED LISTS ment by the Senate would do much to on average 30 percent more for health Mr. ROTH. Mr. President, I rise remove the stigma of blame that so un- insurance than larger firms and costs today with my colleague from Dela- fairly burdens the reputations of these are increasing more rapidly for small ware, Senator BIDEN, and on behalf of two officers. It is a correction con- businesses causing them to drop health Senator THURMOND, Senator HELMS, sistent with our military’s tradition of insurance benefits. Senator DOMENICI, Senator SPECTER, honor, and it is one long overdue. Health insurance coverage is also re- Senator STEVENS, and 15 other of our Mr. President, the facts that con- lated to income. High income workers colleagues, to reintroduce a resolution stitute the case of Admiral Kimmel have the highest rates of insurance. whose intent to redress a grave injus- and General Short have been remark- The very poor are generally covered by tice, one that haunts us from the tribu- ably documented. Since the 1941 attack public sources of health care. It is most lations of World War II. on Pearl Harbor, there have been no often the working poor who have the The matter of which I speak concerns less than nine official governmental in- lowest incidence of insurance. Thirty- the reputations of two of the most ac- vestigations and reports, and one in- seven percent of those with family in- complished officers who served in Pa- quiry conducted by a special Joint Con- comes between 100 percent and 125 per- cific theater during that war: Admiral gressional Committee.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3809 Perhaps the most flawed, and unfor- Harbor disaster General Marshall testi- Pearl Harbor. To do so is not only un- tunately most influential investiga- fied that he was responsible for ensur- fair, it tarnishes our Nation’s military tion, was that of the Roberts Commis- ing the proper disposition of General honor. For reasons unexplainable to sion. Less than 6 weeks after the Pearl Short’s forces. He acknowledged that me, this scapegoating of Admiral Kim- Harbor attack, in a hastily prepared re- he must have received General Short’s mel and General Short has survived the port to the President, the commission report, which would have been his op- cleansing tides of history. accused Kimmel and Short of derelic- portunity to issue a corrective mes- This issue of fairness and justice has tion of duty—a charge that was imme- sage, and that he failed to do so. been raised not only by General Short diately and highly publicized. Mr. President, General Marshall’s in- and Admiral Kimmel and their sur- Adm. William Harrison Standley, tegrity and sense of responsibility is a viving families today, but also by nu- who served as a member of this Com- model for all of us. I only wish it had merous senior officers and public orga- mission, later disavowed its report, been able to have greater influence nizations around the country. stating that Admiral Kimmel and Gen- over the case of Admiral Kimmel and Mr. President, allow me to submit for eral Short were ‘‘martyred’’ and ‘‘if General Short. the RECORD a letter endorsing our reso- they had been brought to trial, they A third theme of these investigations lution from five living former naval of- would have been cleared of the concerned the failure of the Depart- ficers who served at the very pinnacle charge.’’ ment of War and the Department of the of military responsibility. They are Later, Adm. J.O. Richardson, who Navy to properly manage the flow of former Chairmen of the Joint Chiefs of was Admiral Kimmel’s predecessor as intelligence. The Dorn Report com- Staff, Adm. Thomas H. Moorer and Commander in Chief, U.S. Pacific pleted in 1995 for the Deputy Secretary Adm. William J. Crowe; and former Fleet, wrote: of Defense at the request of Senator Chiefs of Naval Operations Adm. J.L. In the impression that the Roberts Com- THURMOND, stated that the handling of Holloway III, Adm. Elmo R. Zumwalt, mission created in the minds of the Amer- intelligence in Washington during the and Adm. Carlisle A.H. Trost. ican people, and in the way it was drawn up for that specific purpose, I believe that the time leading up to the attack on Pearl I also submit a similar letter from report of the Roberts Commission was the Harbor was characterized by, among Senator Robert Dole, one of our most most unfair, unjust, and deceptively dis- other faults, ineptitude, limited coordi- distinguished colleagues, who as we all honest document ever printed by the Govern- nation, ambiguous language, and lack know served heroically in World War ment Printing Office. of clarification and followup. II. Subsequent investigations provided The bottom line is that poor com- The efforts of these and other officers clear evidence that Admiral Kimmel mand decisions and inefficient manage- have been complemented by the initia- and General Short were unfairly sin- ment structures and procedures tives of many public organizations who gled out for blame. These reports in- blocked the flow of essential intel- have called for posthumous advance- clude those presented by a 1944 Navy ligence from Washington to the Hawai- ment of Kimmel and Short. Court of Inquiry, the 1944 Army Pearl ian commanders. I submit for the RECORD a copy of the Harbor Board of Investigation, a 1946 The fourth and most important VFW’s Resolution Number 441 passed Joint Congressional Committee, and theme that permeates the aforemen- last August calling for the advance- more recently a 1991 Army Board for tioned reports is that blame for the dis- ment of Admiral Kimmel and General the Correction of Military Records and aster at Pearl Harbor cannot be placed Short. report prepared by the Department of only upon the Hawaiian commanders. Mr. President, Admiral Kimmel and Defense in 1995. The findings of these Some of these reports completely ab- General Short remain unjustly stig- official reports can be summarized as solved these two officers. While others matized by our Nation’s failure to four principal points. found them to have made errors in treat them in the same manner with First, there is ample evidence that judgment, all the reports subsequent to which we treated their peers. To re- the Hawaiian commanders were not the Roberts Commission cleared Admi- dress this wrong would be fully con- provided vital intelligence that they ral Kimmel and General Short of the sistent with this Nation’s sense of jus- needed, and that was available in charge of dereliction of duty and un- tice. As I said earlier, after 58 years, Washington prior to the attack on derscored the rollout of a broad failure this correction is long overdue. Pearl Harbor. Their senior commanders by the entire chain of command. The message of our joint resolution had critical information about Japa- And, Mr. President, all those reports is about justice, equity, and honor. Its nese intentions, plans, and actions, but identified significant failures and purpose is to redress an historic wrong, neighter passed this on nor took issue shortcomings of the senior authorities to ensure that these two officers are nor attempted to correct the disposi- in Washington that contributed signifi- treated fairly and with the dignity and tion of forces under Kimmel’s and cantly—if not predominantly—to the honor they deserve, and to ensure that Short’s commands in response to the success of the surprise attack on Pearl justice and fairness fully permeate the information they attained. Harbor. memory and lessons learned from the Second, the disposition of forces in The Dorn Report put it best, stating catastrophe at Pearl Harbor. In the Hawaii were proper and consistent with that ‘‘responsibility for the Pearl Har- largest sense, passage of this resolution the information made available to Ad- bor disaster should not fall solely on will restore the honor of the United miral Kimmel and General Short. the shoulders of Admiral Kimmel and States in this issue. In my review of this case, I was most General Short; it should be broadly I urge my colleagues to support this struck by the honor and integrity dem- shared.’’ joint resolution. onstrated by Gen. George Marshall who Mr. President, let me add one poign- Mr. President, I ask unanimous con- was Army Chief of Staff at the time of ant fact about two of these investiga- sent to have printed in the RECORD the the attack. On November 27, 1941, Gen- tions. The conclusions of the 1944 Naval joint resolution and the documents to eral Short interpreted a vaguely writ- Court of Inquiry and the Army Pearl which I have referred. ten war warning message sent from the Harbor Board—that Kimmel’s and There being no objection, the mate- high command in Washington as sug- Short’s forces had been properly dis- rials was ordered to be printed in the gesting the need to defend against sab- posed according to the information RECORD, as follows: otage. Consequently, he concentrated available to them and that their supe- Whereas Rear Admiral Husband E. Kim- his aircraft away from perimeter roads riors had failed to share important in- mel, formerly the Commander in Chief of the to protect them, thus inadvertently in- telligence—were kept secret on the United States Fleet and the Commander in creasing their vulnerability to air at- grounds that citing the existence of Chief, United States Pacific Fleet, had an ex- tack. When he reported his prepara- this intelligence would have been detri- cellent and unassailable record throughout his career in the United States Navy prior to tions to the General Staff in Wash- mental to the war effort. the December 7, 1941 attack on Pearl Harbor; ington, the General Staff took no steps Be that as it may, there is no longer Whereas Major General Walter C. Short, to clarify the reality of the situation. any reason to perpetuate the cruel formerly the Commander of the United In 1946 before a Joint Congressional myth that Kimmel and Short were sin- States Army Hawaiian Department, had an Committee investigating the Pearl gularly responsible for the disaster at excellent and unassailable record throughout

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3810 CONGRESSIONAL RECORD — SENATE April 15, 1999 his career in the United States Army prior Whereas the then Chief of Naval Personnel, Whereas Major General Walter Short died to the December 7, 1941 attack on Pearl Har- Admiral J. L. Holloway, Jr., on April 27, 1954, on September 23, 1949, and Rear Admiral bor; recommended that Admiral Kimmel be ad- Husband Kimmel died on May 14, 1968, with- Whereas numerous investigations fol- vanced in rank in accordance with the provi- out the honor of having been returned to lowing the attack on Pearl Harbor have doc- sions of the Officer Personnel Act of 1947; their wartime ranks as were their fellow vet- umented that Admiral Kimmel and Lieuten- Whereas on November 13, 1991, a majority erans of World War II; and ant General Short were not provided nec- of the members of the Board for the Correc- Whereas the Veterans of Foreign Wars, the essary and critical intelligence that was tion of Military Records of the Department Pearl Harbor Survivors Association, the Ad- available, that foretold of war with Japan, of the Army found that Lieutenant General miral Nimitz Foundation, the Naval Acad- that warned of imminent attack, and that Short ‘‘was unjustly held responsible for the emy Alumni Association, the Retired Offi- would have alerted them to prepare for the Pearl Harbor disaster’’ and that ‘‘it would be cers Association, and the Pearl Harbor Com- attack, including such essential commu- equitable and just’’ to advance him to the memorative Committee, and other associa- niques as the Japanese Pearl Harbor Bomb rank of lieutenant general on the retired tions and numerous retired military officers Plot message of September 24, 1941, and the list’’; have called for the rehabilitation of the rep- message sent from the Imperial Japanese Whereas in October 1994, the then Chief of utations and honor of Admiral Kimmel and Foreign Ministry to the Japanese Ambas- Naval Operations, Admiral Carlisle Trost, Lieutenant General Short through their sador in the United States from December 6- withdrew his 1988 recommendation against posthumous advancement on the retired lists 7, 1941, known as the Fourteen-Part Message; the advancement of Admiral Kimmel and to their highest wartime grades: Now, there- Whereas on December 16, 1941, Admiral recommended that the case of Admiral Kim- fore, be it Kimmel and Lieutenant General Short were mel be reopened; Resolved by the Senate and House of Rep- relieved of their commands and returned to Whereas the Dorn Report, a report on the resentatives of the United States of America in their permanent ranks of rear admiral and results of a Department of Defense study Congress assembled, major general; that was issued on December 15, 1995, did not SECTION 1. ADVANCEMENT OF REAR ADMIRAL Whereas Admiral William Harrison provide support for an advancement of Rear KIMMEL AND MAJOR GENERAL Standley, who served as a member of the in- Admiral Kimmel or Major General Short in SHORT ON RETIRED LISTS. vestigating commission known as the Rob- grade, it did set forth as a conclusion of the (a) REQUEST.—The President is requested— erts Commission that accused Admiral Kim- study that ‘‘responsibility for the Pearl Har- (1) to advance the late Rear Admiral Hus- mel and Lieutenant General Short of ‘‘dere- bor disaster should not fall solely on the band E. Kimmel to the grade of admiral on liction of duty’’ only six weeks after the at- shoulders of Admiral Kimmel and Lieuten- the retired list of the Navy; and tack on Pearl Harbor, later disavowed the re- ant General Short, it should be broadly (2) to advance the late Major General Wal- port maintaining that ‘‘these two officers shared’’; ter C. Short to the grade of lieutenant gen- were martyred’’ and ‘‘if they had been Whereas the Dorn Report found that eral on the retired list of the Army. brought to trial, both would have been ‘‘Army and Navy officials in Washington (b) ADDITIONAL BENEFITS NOT TO ACCRUE.— cleared of the charge’’; were privy to intercepted Japanese diplo- Any advancement in grade on a retired list Whereas on October 19, 1944, a Naval Court matic communications...which provided requested under subsection (a) shall not in- of Inquiry exonerated Admiral Kimmel on crucial confirmation of the imminence of crease or change the compensation or bene- the grounds that his military decisions and war’’; that ‘‘the evidence of the handling of fits from the United States to which any per- the disposition of his forces at the time of these messages in Washington reveals some son is now or may in the future be entitled the December 7, 1941 attack on Pearl Harbor ineptitude, some unwarranted assumptions based upon the military service of the officer were proper ‘‘by virtue of the information and misestimations, limited coordination, advanced. that Admiral Kimmel had at hand which in- ambiguous language, and lack of clarifica- SEC. 2. SENSE OF CONGRESS REGARDING THE dicated neither the probability nor the im- tion and follow-up at higher levels’’; and, PROFESSIONAL PERFORMANCE OF minence of an air attack on Pearl Harbor’’; that ‘‘together, these characteristics re- ADMIRAL KIMMEL AND LIEUTENANT criticized the higher command for not shar- sulted in failure...to appreciate fully and to GENERAL SHORT. ing with Admiral Kimmel ‘‘during the very convey to the commanders in Hawaii the It is the sense of Congress that— critical period of 26 November to 7 December sense of focus and urgency that these inter- (1) the late Rear Admiral Husband E. Kim- 1941, important information...regarding the cepts should have engendered’’; mel performed his duties as Commander in Japanese situation’’; and, concluded that the Whereas, on July 21, 1997, Vice Admiral Chief, United States Pacific Fleet, com- Japanese attack and its outcome was attrib- David C. Richardson (United States Navy, re- petently and professionally, and, therefore, utable to no serious fault on the part of any- tired) responded to the Dorn Report with his the losses incurred by the United States in one in the naval service; own study which confirmed findings of the the attacks on the naval base at Pearl Har- Whereas on June 15, 1944, an investigation Naval Court of Inquiry and the Army Pearl bor, Hawaii, and other targets on the island conducted by Admiral T. C. Hart at the di- Harbor Board of Investigation and estab- of Oahu, Hawaii, on December 7, 1941, were rection of the Secretary of the Navy pro- lished, among other facts, that the war effort not a result of dereliction in the performance duced evidence, subsequently confirmed, in 1941 was undermined by a restrictive intel- of those duties by the then Admiral Kimmel; that essential intelligence concerning Japa- ligence distribution policy, and the degree to and nese intentions and war plans was available which the commanders of the United States (2) the late Major General Walter C. Short in Washington but was not shared with Ad- forces in Hawaii were not alerted about the performed his duties as Commanding Gen- miral Kimmel; impending attack on Hawaii was directly at- eral, Hawaiian Department, competently and Whereas on October 20, 1944, the Army tributable to the withholding of intelligence professionally, and, therefore, the losses in- Pearl Harbor Board of Investigation deter- from Admiral Kimmel and Lieutenant Gen- curred by the United States in the attacks mined that Lieutenant General Short had eral Short; on Hickam Army Air Field and Schofield not been kept ‘‘fully advised of the growing Whereas the Officer Personnel Act of 1947, Barracks, Hawaii, and other targets on the tenseness of the Japanese situation which in- in establishing a promotion system for the island of Oahu, Hawaii, on December 7, 1941, dicated an increasing necessity for better Navy and the Army, provided a legal basis were not a result of dereliction in the per- preparation for war’’; detailed information for the President to honor any officer of the formance of those duties by the then Lieu- and intelligence about Japanese intentions Armed Forces of the United States who tenant General Short. and war plans were available in ‘‘abundance’’ served his country as a senior commander but were not shared with the General Short’s during World War II with a placement of The following is a partial listing of high- Hawaii command; and General Short was not that officer, with the advice and consent of ranking retired military personnel who advo- provided ‘‘on the evening of December 6th the Senate, on the retired list with the high- cate in support of the posthumous advance- and the early morning of December 7th, the est grade held while on the active duty list; ment on the retired lists of Rear Admiral critical information indicating an almost Whereas Rear Admiral Kimmel and Major Husband Kimmel and Major General Walter immediate break with Japan, though there General Short are the only two eligible offi- Short to Four-Star Admiral and Three-Star was ample time to have accomplished this’’; cers from World War II who were excluded General respectively: Whereas the reports by both the Naval from the list of retired officers presented for Admirals: Thomas H. Moorer; Carlisle A.H. Court of Inquiry and the Army Pearl Harbor advancement on the retired lists to their Trost; William J. Crowe, Jr., Elmo R. Board of Investigation were kept secret, and highest wartime ranks under the terms of Zumwalt; J.L. Hollaway III; Ronald J. Hays; Rear Admiral Kimmel and Major General the Officer Personnel Act of 1947; T.B. Hayward; Horatio Rivero; Worth H. Short were denied their requests to defend Whereas this singular exclusion from ad- Bargley; Noel A.M. Gayler; Kinnaird R. themselves through trial by court-martial; vancement on the retired list serves only to McKee; Robert L.J. Long; William N. Small; Whereas the joint committee of Congress perpetuate the myth that the senior com- Maurice F. Weisner; U.S.G. Sharp, Jr.; H. that was established to investigate the con- manders in Hawaii were derelict in their Hardisty; Wesley McDonald; Lee Baggett, duct of Admiral Kimmel and Lieutenant duty and responsible for the success of the Jr.; and Donald C. Davis. General Short completed, on May 31, 1946, a attack on Pearl Harbor, a distinct and unac- Vice Admirals: David C. Richardson and 1,075-page report which included the conclu- ceptable expression of dishonor toward two William P. Lawrence. sions of the committee that the two officers of the finest officers who have served in the Rear Admirals: D.M. Showers and Kemp had not been guilty of dereliction of duty; Armed Forces of the United States; Tolley.

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To: Honorable Members of the United States strong in our belief in the fundamental ADMIRAL J.L. HOLLOWAY Senate American principle of justice for all Ameri- III (USN, Ret.). From: cans, regardless of creed, color, status or ADMIRAL ELMO R. Thomas H. Moorer, Admiral, U.S. Navy rank. In other words, we believe strongly in ZUMWALT (USN, Ret.). (Ret.), Former Chairman, Joint Chiefs of fairness. ADMIRAL CARLISLE A.H. Staff, Former Chief of Naval Operations. These two principles must be applied to TROST (USN, Ret.). J.L. Holloway III, Admiral, U.S. Navy (Ret.), the specific facts of a given situation. His- Former Chief of Naval Operations. tory as well as innumerable investigations WASHINGTON, DC, March 11, 1999. William J. Crowe, Admiral, U.S. Navy (Ret.), have proven beyond any question that Admi- Hon. WILLIAM V. ROTH, Jr., Former Chairman, Joint Chiefs of Staff. ral Kimmel and General Short were not re- Hart Senate Office Building, Elmo R. Zumwalt, Admiral, U.S. Navy sponsible for the Pearl Harbor disaster. And Washington, DC. (Ret.), Former Chief of Naval Operations. we submit that where there is no responsi- DEAR BILL: I will join my voice with yours Carlisle A.H. Trost, Admiral, U.S. Navy bility there can be no accountability. in support of the Kimmel-Short Resolution (Ret.), Former Chief of Naval Operations. But as a military principle—both practical of 1999. Re the honor and reputations of Admiral and moral—the dynamic of accountability The responsibility for the Pearl Harbor dis- Husband Kimmel and General Walter works in both directions along the vertical aster should be shared by many. In light of Short. line known as the chain of command. In view the more recent disclosures of withheld in- formation Admiral Kimmel and Lieutenant DEAR SENATOR: We ask that the honor and of the facts presented in the Roth-Biden Res- General Short should have had, I agree these reputations of two fine officers who dedi- olution and below—with special reference to two commanders have been unjustly stig- cated themselves to the service of their the fact that essential and critical intel- ligence information was withheld from the matized. country be restored. Admiral Husband Kim- Please keep me informed of the progress of mel and General Walter Short were sin- Hawaiian Commanders despite the commit- ment of the command structure to provide this resolution. gularly scapegoated as responsible for the Sincerely, success of the Japanese attack on Pearl Har- that information to them—we submit that BOB DOLE. bor December 7, 1941. The time is long over- while the Hawaiian Commanders were re- sponsible and accountable as anyone could due to reverse this inequity and treat Admi- RESOLUTION NO. 441 ral Kimmel and General Short fairly and have been given the circumstances, their su- RESTORE PRE-ATTACK RANKS TO ADMIRAL HUS- justly. The appropriate vehicle for that is periors in Washington were sadly and trag- BAND E. KIMMEL AND GENERAL WALTER C. the current Roth-Biden Resolution. ically lacking in both of these leadership SHORT The Resoltuion calls for the posthumous commitments. advancement on the retirement list of Admi- A review of the historical facts available Whereas, Admiral Husband E. Kimmel and ral Kimmel and General Short to their high- on the subject of the attack on Pearl Harbor General C. Short were the Commanders of est WWII wartime ranks of four-star admiral demonstrates that these officers were not Record for the Navy and Army Forces at and three-star general as provided by the Of- treated fairly. Pearl Harbor, Hawaii, on December 7, 1941, ficer Personnel Act of 1947. They are the only 1. They accomplished all that anyone could when the Japanese Imperial Navy launched two eligible officers who have been singled have with the support provided by their su- its attack; and Whereas, following the attack, President out for exclusion from that privilege; all periors in terms of operating forces (ships D. Roosevelt appointed Supreme Court Jus- other eligible officers have been so privi- and aircraft) and information (instructions tice Owen J. Roberts to a commission to in- leged. and intelligence). Their disposition of forces, vestigate such incident to determine if there We urge you to support this Resolution. in view of the information made available to them by the command structure in Wash- had been any dereliction to duty; and We are career military officers who have Whereas, the Roberts Commission con- ington, was reasonable and appropriate. served over a period of several decades and ducted a rushed investigation in only five 2. Admiral Kimmel was told of the capa- through several wartime eras in the capac- weeks. It charged Admiral Kimmel and Gen- bilities of U.S. intelligence (MAGIC, the ities of Chairman, Joint Chiefs of Staff and/ eral Short with dereliction of their duty. The code-breaking capability of PURPLE and or Chief of Naval Operations. Each of us is findings were made public to the world; and other Japanese codes) and he was promised familiar with the circumstances leading up Whereas, the dereliction of duty charge de- he could rely on adequate warning of any at- to the attack on Pearl Harbor. stroyed the honor and reputations of both tack based on this special intelligence capa- We are unanimous in our conviction that Admiral Kimmel and General Short, and due bility. Both Commanders rightfully operated Admiral Husband Kimmel and General Wal- to the urgency neither man was given the under the impression, and with the assur- ter Short were not responsible for the suc- opportunity to defend himself against the ac- ance, that they were receiving the necessary cess of that attack, and that the fault lay cusation of dereliction of duty; and with the command structure at the seat of intelligence information to fulfill their re- Whereas, other investigations showed that government in Washington. The Roth-Biden sponsibilities. there was no basis for the dereliction of duty Resolution details specifics of this case and 3. Historical information now available in charges, and a Congressional investigation in requests the President of the United States the public domain through declassified files, 1946 made specific findings that neither Ad- to nominate Kimmel and Short for the ap- and post-war statements of many officers in- miral Kimmel nor General Short had been propriate advancement in rank. volved, clearly demonstrate that vital infor- ‘‘derelict in his duty’’ at the time of the As many of you know, Admiral Kimmel mation was routinely withheld from both bombing of Pearl Harbor; and and General Short were the Hawaiian Com- commanders. For example, the ‘‘Bomb Plot’’ Whereas, it has been documented that the manders in charge of naval and ground forces message and subsequent reporting orders United States military had broken the Japa- on Hawaii at the time of the Japanese at- from Tokyo to Japanese agents in Hawaii as nese codes in 1941. With the use of a cryptic tack. After a hurried investigation in Janu- to location, types and number of warships, machine known as ‘‘Magic,’’ the military ary, 1942 they were charged with having been and their replies to Tokyo. was able to decipher the Japanese diplomatic ‘‘derelict in their duty’’ and given no oppor- 4. The code-breaking intelligence of PUR- code known as ‘‘Purple’’ and the military tunity to refute that charge which was pub- PLE did provide warning of an attack on code known as JN–25. The final part of the licized throughout the country. Pearl Harbor, but the Hawaiian Commanders diplomatic message that told of the attack As a result, many today believe the ‘‘dere- were not informed. Whether deliberate or for on Pearl Harbor was received on December 6, liction’’ charge to be true despite the fact some other reason should make no dif- 1941. With this vital information in hand, no that a Naval Court of Inquiry exonerated Ad- ference, have no bearing. These officers did warning was dispatched to Admiral Kimmel miral Kimmel of blame; a Joint Congres- not get the support and warnings they were or General Short to provide sufficient time sional Committee specifically found that promised. to defend Pearl Harbor in the proper manner; neither had been derelict in his duty; a four- 5. The fault was not theirs. It lay in Wash- and to-one majority of the members of a Board ington. Whereas, it was not until after the tenth for the Correction of Military Records in the We urge you, as Members of the United investigation of the attack on Pearl Harbor Department of the Army found that General States Senate, to take a leadership role in was completed in December of 1995 that the Short had been ‘‘unjustly held responsible’’ assuring justice for two military careerists United States Government acknowledge in and recommended his advancement to the who were willing to fight and die for their the report of Under Secretary of Defense rank of lieutenant general on the retired country, but not to be humiliated by its gov- Edwin S. Dorn that Admiral Kimmel and list. ernment. We believe that the American peo- General Short were not solely responsible for This injustice has been perpetuated for ple—with their national characteristic of the disaster, but that responsibility must be more than half a century by their sole exclu- fair play—would want the record set broadly shared; and sion from the privilege of the Act mentioned straight. Thank you. Whereas, at this time the American public above. Respectfully, had been deceived for the past fifty-six years As professional military officers we sup- ADMIRAL THOMAS H. regarding the unfound charge of dereliction port in the strongest terms the concept of MOORER (USN, Ret.). of duty against two fine military officers holding commanders accountable for the per- ADMIRAL WILLIAM J. whose reputations and honor have been tar- formance of their forces. We are equally CROWE (USN, Ret.). nished; Now, therefore, be it

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3812 CONGRESSIONAL RECORD — SENATE April 15, 1999 Resolved, by the Veterans of Foreign Wars of Whereas, as this time the American public Today’s military is a testament to the United States, That we urge the President have been deceived for the past fifty-six our ability to confront and learn from of the United States to restore the honor and years regarding the unfounded charge of our mistakes, but that can only happen reputations of Admiral Husband E. Kimmel dereliction of duty against two fine military if the record is accurate. Admiral Kim- and General Walter C. Short; and be it fur- officers whose reputations and honor have ther been tarnished; now, therefore be it mel and General Short served with self- Resolved, That we urge the President of the Resolved, That the Veterans of Foreign less dedication and honor. They were in United States to take necessary steps to Wars urges the President of the United command during a devastating surprise posthumously advance Admiral Kimmel and States to restore the honor and reputations attack. They deserved to be treated as General Short to their highest wartime rank of Admiral Husband E. Kimmel and General officers who used their best judgement of four-star admiral and lieutenant general. Walter C. Short by making a public apology to follow the orders they were given Such action would be appreciated greatly to to them and their families for the wrongful and to meet their command respon- restore the honor of these two great Amer- actions of past administrations for allowing sibilities. Instead, they were made sin- ican servicemen. these unfounded charges of dereliction of Adopted by the 99th National Convention duty to stand. gular scapegoats for that tragedy for of the Veterans of Foreign Wars of the Be It Resolved, That the Veterans of For- fifty-eight years, without full consider- United States held in San Antonio, Texas, eign Wars urges the President of the United ation of the circumstances and options August 29–September 4, 1998. States to take the necessary steps to post- available to them. DELAWARE VFW RESOLUTION PASSED BY humously advance Admiral Kimmel and I hope that most of my colleagues DELAWARE STATE CONFERENCE, JUNE 1998 General Short to their highest wartime will read this resolution. The majority Resolution to the President of the United ranks of Four-Star Admiral and Three-Star of the text details the historic case on General. Such action would correct the in- States with respect to offering an apology on behalf of Admiral Kimmel and General behalf of the Government of the United justice suffered by them and their families for the past fifty-six years. Short and expresses Congress’s opinion States to Admiral Husband E. Kimmel and that both officers performed their duty General Walter C. Short. The Naval and Mr. BIDEN. Mr. President, I and my competently. Most importantly, it re- Army Commanders at Hawaii at the time of colleagues—Senators ROTH, KENNEDY, quests that the President submit the the Japanese attack December 7, 1941 and DURBIN, KERRY, HOLLINGS, LANDRIEU, names of Kimmel and Short to the Sen- urging the President to take such steps as HELMS, STEVENS, SPECTER, THURMOND, are necessary to advance these two officers ate for posthumous advancement on DOMENICI, KYL, MURKOWSKI, COCHRAN, posthumously on the list of retired Navy and the retirement lists to their highest CRAIG, ENZI, ABRAHAM, SMITH, COLLINS, Army officers to their pre-attack ranks of held wartime rank. VOINOVICH, and DEWINE—are intro- Four-Star Admiral and Three-Star General. This action would not require any Whereas, Admiral Husband E. Kimmel and ducing a resolution that seeks long General Walter C. Short were the Com- overdue justice for the two com- form of compensation. Instead, it manders of record for the Navy and Army manders at Pearl Harbor fifty-eight would acknowledge, once and for all, forces at Pearl Harbor, Hawaii, on December years ago, Admiral Husband Kimmel that these two officers were not treat- 7, 1941 when the Japanese Imperial Navy and General Walter Short. ed fairly by the U.S. government and it launched its attack; and Some will ask, ‘‘why now?’’ After all, would uphold the military tradition Whereas, Following the attack, President that responsible officers take the Franklin D. Roosevelt appointed Supreme fifty-eight years have passed. I believe it is more important than ever to take blame for their failures, not for the Court Justice Owen J. Roberts to a Commis- failures of others. sion to investigate such incident to deter- this action now. It is not just the sim- mine if there has been any dereliction of ple truth—that there can be no statute Before I go into a more detailed re- duty; and of limitations for restoring honor and view of the historical case, I also want Whereas, The Roberts Commission con- dignity to men who spent their lives my colleagues to know that this reso- ducted a rush investigation in only five dedicated to serving America and yet, lution has the support of various vet- weeks. It charged Admiral Kimmel and Gen- erans groups, including the Veterans of eral Short with dereliction of their duty. were unfairly treated. It is also because we have brave men and women in the Foreign Wars (VFW) and the Pearl Har- These findings were made public to the bor Survivors Association. The Dela- world; and military today who are fighting one of Whereas, The dereliction of duty charge the most professional and precise bat- ware VFW passed a resolution in sup- destroyed the honor and reputations of both tles ever seen against a brutal, geno- port last June and the national VFW Admiral Kimmel and General Short, and due cidal dictator in Kosovo. They know passed a resolution in support in last to the urgency of the war neither man was that their cause is just. What too many September. given the opportunity to defend himself people do not know is the sacrifice and Now, let me review what happened. against the accusation of dereliction of duty; dedication it takes to be able to do First, I want to discuss the treatment and of Kimmel and Short. Like most Amer- Whereas, Other investigations showed that their jobs. there was no basis for the dereliction of duty The tremendous ability of our pilots, icans, Admiral Kimmel and General charges, and a Congressional Investigation our maintainers, and our support crews Short requested a fair and open hearing in 1946 made specific findings that neither is a direct result of their commitment of their case, a court martial. They Admiral Kimmel nor General Short had been to professional excellence and service were denied their request. After life- ‘‘derelict in his duty’’ a the time of the and their willingness to defend the val- times of honorable service to this na- bombing of Pearl Harbor; and ues Americans cherish. We owe it to tion and the defense of its values, they Whereas, It has been documented that the them to defend those same values here were denied the most basic form of jus- United States Military had broken the Japa- tice—a hearing by their peers. nese codes in 1941. With the use of a cryptic at home. When it comes to serving machine known as ‘‘Magic,’’ the Military truth and justice, the time must al- Here are some of the historic facts. was able to decipher the Japanese diplomatic ways be ‘‘now.’’ When it comes to On December 18, 1941, a mere 11 days code known as ‘‘Purple’’ and the military treating people with fairness and hon- after Pearl Harbor, the Roberts Com- code known as JN–25. The final part of the oring their service, the time must al- mission was formed to determine diplomatic message that told of the attack ways be ‘‘now.’’ whether derelictions of duty or errors on Pearl Harbor was received on December 6, This is the second year we are bring- of judgement by Kimmel and Short 1941. With this vital information in hand, no contributed to the success of the Japa- warning was dispatched to Admiral Kimmel ing a resolution before our colleagues. or General Short to provide sufficient time We cannot give up because it is impor- nese attack. This commission con- to defend Pearl Harbor in the proper manner; tant that the Senate understand and cluded that both commanders had been and act to end the injustice done to these derelict in their duty and the President Whereas, It was not until after the tenth fine officers. Ultimately, it is the ordered the immediate public release of investigation of the attack on pearl Harbor President who must take action, but it these findings. The Roberts Commis- was completed in December of 1995, that the is important that we send the message sion was the only investigative body United States Government acknowledged in that the historical truth matters. At that found these two officers derelict the report of Under Secretary of Defense in their duty. Edwin S. Dorn, that Admiral Kimmel and Pearl Harbor, these two officers should General Short were not soley responsible for not bear all of the blame. If they con- Several facts about the Roberts Com- the disaster but that responsibility must be tinue to do so, both our nation and our mission force us to question its conclu- broadly shared; and military lose. sions.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3813 First, Kimmel and Short were denied Edwin Dorn. In his report, Dorn con- erly deployed their forces. I think rea- the right to counsel and were not al- cluded that responsibility for the dis- sonable people may disagree on this lowed to be present when witnesses aster at Pearl Harbor should be broadly point. were questioned. They were then ex- shared. I agree. I have been struck by the number of plicitly told that the Commission was Where Dorn’s conclusions differ from qualified individuals who believe the a fact-finding body and would not be mine and my co-sponsors, is that he commanders properly deployed their passing judgement on their perform- also found that he also found that ‘‘the assets based on the intelligence avail- ance. When the findings accusing them official treatment of Admiral Kimmel able to them. I am including this par- of a serious offense were released, they and General Short was substantively tial list of flag officers into the RECORD immediately requested a court-mar- temperate and procedurally proper.’’ I following my statement for my col- tial. That request was refused. It is dif- disagree. leagues to review. Among those listed ficult to imagine a fair review of the These officers were publicly vilified is Vice Admiral Richardson, a distin- evidence given the rules of procedure and never given a chance to clear their guished naval commander, who wrote followed by the Commission. names. If we lived in a closed society, an entire report refuting the conclu- It is also important to note the tim- fearful of the truth, then there would sions of the Dorn Report. My col- ing here. It would be difficult to pro- be no need for the President to take leagues will also see the names of four vide a fair hearing in the charged at- any action today. But we don’t. We live Chiefs of Naval Operations and the mosphere immediately following Amer- in an open society. Eventually, we are former chairman of the Joint Chiefs of ica’s entry into the war in the Pacific. able to declassify documents and Staff Admiral Thomas Moorer. It was In fact, Kimmel and Short were the ob- evaluate our past based on at least a Admiral Moorer who observed that, ‘‘If jects of public vilification. The Com- good portion of the whole story. I be- Nelson and Napoleon had been in com- mission was not immune to this pres- lieve sincerely that one of our greatest mand at Pearl Harbor, the results sure. One Commission member, for ex- strengths as a nation comes from our would have been the same.’’ ample, Admiral Standley, expressed ability to honor truth and the lessons In conclusion, Mr. President, I be- strong reservations about the Commis- of our past. lieve this case is unique and demands sion’s findings, later characterizing Like many, I accept that there was a our attention. As we honor those who them as a ‘‘travesty of justice’’. He did real need to protect our intelligence served in World War II and who serve sign the Report, however, because of capabilities during the war. What I can today in Kosovo, we must also honor concerns that doing otherwise might not accept, however, is that there is a the ideals for which they fought. High adversely affect the war effort. As you reason for continuing to deny the cul- among those American ideals is up- will see, the war effort played an im- pability of others in Washington at the holding truth and justice. Those ideals portant role in how Kimmel and Short expense of these two office’s reputa- give us the strength to admit and, were treated. tions fifty-seven years later. Con- where possible, correct our errors. In 1944, an Army Board investigated tinuing to falsely scapegoat two dedi- I urge my colleagues to support this General Short’s actions at Pearl Har- cated and competent officers dishonors resolution and move one step closer to bor. The conclusions of that investiga- the military tradition of taking re- justice for Admiral Kimmel and Gen- tion placed blame of General Marshall, sponsibility for failure. The message eral Short. the Chief of Staff of the Army at the that is sent is a travesty to American Mr. KENNEDY. Mr. President, I time of Pearl Harbor and in 1944. This tradition and honor—that the truth strongly support this resolution, which report was sequestered and kept secret will be suppressed to protect some re- will at long last restore the reputa- from the public on the groups that it sponsible parties and distorted to sac- tions of two distinguished military of- would be detrimental to the war effort. rifice others. ficers in World War II—Admiral Hus- That same year, a Naval Court of In- This is not to say that the sponsors band E. Kimmel of the United States quiry investigated Admiral Kimmel’s of this resolution want to place blame. Navy and General Walter C. Short of actions at Pearl Harbor. The Naval We are not seeking to place blame in a the United States Army. Court’s conclusions were divided into new quarter. This is not a witch-hunt This resolution gives us an oppor- two sections in order to protect infor- aimed at those superior officers who tunity to correct a grave injustice in mation indicating that America had were advanced in rank and continued the history of that war. Despite their the ability to decode and intercept Jap- to serve, despite being implicated in loyal and distinguished service to the anese messages. The first and longer, the losses at Pearl Harbor. I think the nation, Admiral Kimmel and General section therefore, was classified ‘‘top historic record has become quite clear Short were unfairly singled out for secret’’. that blame should be shared. blame as scapegoats after the Japanese The second section, was written to be The unfortunate reality is that Ad- attack on Pearl Harbor on December 7, unclassified and completely exonerated miral Kimmel and General Short were 1941, which caught America unpre- Admiral Kimmel and recognized the blamed entirely and forced into early pared. Admiral Stark bore some of the blame retirement. In fact, wartime investigations of the for Pearl Harbor because of his failure After the war, in 1947, they were sin- attack on Pearl Harbor concluded that to provide Kimmel with critical infor- gled out as the only eligible officers our fleet in Hawaii under the command mation available in Washington. Then from World War II not advanced to of Admiral Kimmel and our forces Secretary of the Navy James Forrestal their highest held wartime ranks on under the command of General Short instructed the Court that it had to the retirement lists, under the Officer had been properly positioned, given the classify both sections ‘‘secret’’ and not Personnel Act of 1947. By failing to ad- information they had received. How- release any findings to the public. vance them, the government and the ever, as the investigations found, their The historic record is not flattering Departments of the Navy and Army superior officers had not given them to our government. A hastily convened perpetuate the myth that these two of- vital intelligence that could have made and procedurally flawed Commission ficers bear a unique and dispropor- a difference, perhaps all the difference, released condemning findings to the tionate part of the blame. in their preparedness for the attack. public, while two thorough military re- The government that denied these of- These conclusions of the wartime in- views which had opposite conclusions ficers a fair hearing and suppressed vestigations were kept secret, in order were kept secret. findings favorable to their case while to protect the war effort. Clearly, there I hope that I have made my point releasing hostile information owes is no longer any justification to ignore that these officers were not treated them an official apology. That’s what these facts. fairly and that there is good reason to this resolution calls for. I learned more about this injustice question where the blame for Pearl The last point that I want to make from Edward B. Hanify, a close friend Harbor should lie. deals with the military situation at who is a distinguished attorney in Bos- The whole story was re-evaluated in Pearl Harbor. It is legitimate to ask ton and who was assigned in 1944 as a 1995 at the request of Senator THUR- whether Admiral Kimmel and General young Navy lieutenant to be one of the MOND by Under Secretary for Defense Short, as commanding officers, prop- lawyers for Admiral Kimmel. I believe

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3814 CONGRESSIONAL RECORD — SENATE April 15, 1999 that members of the Senate will be Pearl Harbor was a most probable point of (Mr. TORRICELLI) was added as a co- very interested in Mr. Hanify’s perspec- attack; (Washington had this intelligence sponsor of S. 322, a bill to amend title tive, and I ask unanimous consent that and knew that the Navy and Army in Hawaii 4, United States Code, to add the Mar- a letter he wrote to me last September did not have it or any means of obtaining it) tin Luther King Jr. holiday to the list (3) Subsequent investigations by both serv- of days on which the flag should espe- may be printed in the RECORD at the ices repudiated the ‘‘dereliction of duty’’ conclusion of my remarks. charge and in the case of Admiral Kimmel cially be displayed. The PRESIDING OFFICER. Without the Naval Court of Inquiry found that his S. 327 objection, it is so ordered. plans and dispositions were adequate and At the request of Mr. HAGEL, the (See Exhibit 1.) competent in light of the information which name of the Senator from Montana Mr. KENNEDY. No action by the he had from Washington. (Mr. BURNS) was added as a cosponsor Senate can ever fully atone for the in- The proposed legislaiton provides some of S. 327, a bill to exempt agricultural justice suffered by these two officers. measure of remedial Justice to a conscien- products, medicines, and medical prod- But we can correct the historical tious officer who for years unjustly bore the ucts from U.S. economic sanctions. record, and restore the distinguished odium and disgrace associated with the Pearl Harbor catastrophe. You may be interested S. 331 reputations of Admiral Kimmel and to know that a Senator from Massachusetts, At the request of Mr. JEFFORDS, the General Short. Honorable David I. Walsh then Chairman of name of the Senator from North Caro- I commend Senator BIDEN and Sen- the Naval Affairs Committee, was most ef- lina (Mr. HELMS) was added as a co- ator ROTH for their leadership in spon- fective in securing legislaiton by Congress sponsor of S. 331, a bill to amend the soring this measure, and I urge the which ordered the Army and Navy Depart- Social Security Act to expand the Senate to act expeditiously on this ments to investigate the Pearl Harbor dis- availability of health care coverage for long-overdue resolution. aster—an investigation conducted with all working individuals with disabilities, the ‘‘due process’’ safeguards for all inter- EXHIBIT 1 to establish a Ticket to Work and Self- ested parties not observed in other investiga- SEPTEMBER 3, 1998. tions or inquiries. Sufficiency Program in the Social Se- Hon. EDWARD M. KENNEDY, I sincerely hope that you will support the curity Administration to provide such Russell Senate Office Building, Roth/Biden Resolution. individuals with meaningful opportuni- Washington, DC. Sincerely, ties to work, and for other purposes. DEAR SENATOR KENNEDY: I am advised that EDWARD B. HANIFY, S. 348 a Resolution known as the Roth/Biden Reso- Ropes & Gray. lution has been introduced in the Senate and At the request of Ms. SNOWE, the that it has presently the support of the fol- f name of the Senator from Connecticut lowing Senators: Roth; Biden; Helms; Thur- ADDITIONAL COSPONSORS (Mr. LIEBERMAN) was added as a co- mond; Inouye; Stevens; Specter; Hollings; sponsor of S. 348, a bill to authorize Faircloth; Cochran and McCain. The sub- S. 38 and facilitate a program to enhance stance of the Resolution is to request the At the request of Mr. CAMPBELL, the training, research and development, President to advance the late Rear Admiral name of the Senator from Iowa (Mr. energy conservation and efficiency, Husband E. Kimmel to the grade of Admiral GRASSLEY) was added as a cosponsor of and consumer education in the oilheat on the retired list of the Navy and to ad- S. 38, a bill to amend the Internal Rev- industry for the benefit of oilheat con- vance the late Major General Walter C. enue Code of 1986 to phase out the es- sumers and the public, and for other Short to the grade of Lieutenant General on tate and gift taxes over a 10-year pe- the retired list of the Army. purposes. Admiral Kimmel at the time of Pearl Har- riod. S. 387 bor was Commander in Chief of the Pacific S. 74 At the request of Mr. MCCONNELL, Fleet then based in Pearl Harbor and Gen- At the request of Mr. DASCHLE, the the name of the Senator from Pennsyl- eral Short was the Commanding General of name of the Senator from South Da- vania (Mr. SANTORUM) was added as a the Hawaiian Department of the Army. kota (Mr. JOHNSON) was added as a co- cosponsor of S. 387, a bill to amend the The reason for my interest in this Resolu- tion is as follows: IN early 1944 when I was a sponsor of S. 74, a bill to amend the Internal Revenue Code of 1986 to pro- Lieutenant j.g. (U.S.N.R.) the Navy Depart- Fair Labor Standards Act of 1938 to vide an exclusion from gross income for ment gave me orders which assigned me as provide more effective remedies to vic- distributions from qualified State tui- one of counsel to the defense of Admiral tims of discrimination in the payment tion programs which are used to pay Kimmel in the event of his promised court of wages on the basis of sex, and for education expenses. martial. As a consequence, I am probably other purposes. S. 414 one of the few living persons who heard the S. 218 At the request of Mr. GRASSLEY, the testimony before the Naval Court of Inquiry, name of the Senator from West Vir- accompanied Admiral Kimmel when he testi- At the request of Mr. MOYNIHAN, the fied before the Army Board of Investigation name of the Senator from Pennsyl- ginia (Mr. ROCKEFELLER) was added as and later heard substantially all the testi- vania (Mr. SPECTER) was added as a co- a cosponsor of S. 414, a bill to amend mony before the members of Congress who sponsor of S. 218, a bill to amend the the Internal Revenue Code of 1986 to carried on the lengthy Congressional inves- Harmonized Tariff Schedule of the provide a 5-year extension of the credit tigation of Pearl Harbor. In the intervening United States to provide for equitable for producing electricity from wind, fifty years I have followed very carefully all duty treatment for certain wool used and for other purposes. subsequent developments dealing the the S. 446 Pearl Harbor catastrophe and the allocation in making suits. At the request of Mrs. BOXER, the of responsibility for that disaster. S. 242 names of the Senator from Massachu- On the basis of this experience and further At the request of Mr. JOHNSON, the setts (Mr. KENNEDY) and the Senator studies over a fifty year period I feel strong- name of the Senator from Missouri ly: from Minnesota (Mr. WELLSTONE) were (Mr. BOND) was added as a cosponsor of (1) That the odious charge of ‘‘dereliction added as cosponsors of S. 446, a bill to S. 242, a bill to amend the Federal Meat of duty’’ made by the Roberts Commission provide for the permanent protection Inspection Act to require the labeling was the cause of almost irreparable damage of the resources of the United States in to the reputation of Admiral Kimmel despite of imported meat and meat food prod- the year 2000 and beyond. the fact that the finding was later repudi- ucts. S. 459 ated and found groundless; S. 249 (2) I am satisfied that Admiral Kimmel was At the request of Mr. BREAUX, the subject to callous and cruel treatment by his At the request of Mr. ROBB, his name names of the Senator from Colorado superiors who were attempting to deflect the was added as a cosponsor of S. 249, a (Mr. ALLARD) and the Senator from blame ultimately ascribed to them, particu- bill to provide funding for the National Rhode Island (Mr. REED) were added as larly on account of their strange behavior on Center for Missing and Exploited Chil- cosponsors of S. 459, a bill to amend the the evening of December 6th and morning of dren, to reauthorize the Runaway and Internal Revenue Code of 1986 to in- December 7th in failing to warn the Pacific Homeless Youth Act, and for other pur- crease the State ceiling on private ac- Fleet and the Hawaiian Army Department poses. that a Japanese attack on the United States tivity bonds. was scheduled for December 7th at 1:00 p.m. S. 322 S. 472 Washington time (dawn at Pearl Harbor) and At the request of Mr. CAMPBELL, the At the request of Mr. GRASSLEY, the that intercepted intelligence indicated that name of the Senator from New Jersey names of the Senator from Iowa (Mr.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3815 HARKIN) and the Senator from Lou- S. 664 during the first 15 days of such month, isiana (Ms. LANDRIEU) were added as At the request of Mr. CHAFEE, the and for other purposes. name of the Senator from Pennsyl- cosponsors of S. 472, a bill to amend S. 788 title XVIII of the Social Security Act vania (Mr. SANTORUM) was added as a to provide certain medicare bene- cosponsor of S. 664, a bill to amend the At the request of Mr. BURNS, the ficiaries with an exemption to the fi- Internal Revenue Code of 1986 to pro- name of the Senator from Missouri nancial limitations imposed on phys- vide a credit against income tax to in- (Mr. BOND) was added as a cosponsor of ical, speech-language pathology, and dividuals who rehabilitate historic S. 788, a bill to amend the Federal Meat occupational therapy services under homes or who are the first purchasers Inspection Act to provide that a qual- part B of the medicare program, and of rehabilitated historic homes for use ity grade label issued by the Secretary for other purposes. as a principal residence. of Agriculture may not be used for im- ported meat and meat food products. S. 512 S. 732 At the request of Mr. GORTON, the At the request of Mr. TORRICELLI, the SENATE CONCURRENT RESOLUTION 22 name of the Senator from Virginia (Mr. names of the Senator from North Caro- At the request of Mr. DODD, the WARNER) was added as a cosponsor of S. lina (Mr. HELMS) and the Senator from names of the Senator from Connecticut 512, a bill to amend the Public Health New Jersey (Mr. LAUTENBERG) were (Mr. LIEBERMAN), the Senator from Service Act to provide for the expan- added as cosponsors of S. 732, a bill to New Jersey (Mr. TORRICELLI), and the sion, intensification, and coordination require the Inspector General of the Senator from Louisiana (Mr. BREAUX) of the activities of the Department of Department of Defense to conduct an were added as cosponsors of Senate Health and Human Services with re- audit of purchases of military clothing Concurrent Resolution 22, a concurrent spect to research on autism. and related items made during fiscal resolution expressing the sense of the S. 531 year 1998 by certain military installa- Congress with respect to promoting tions of the Army, Navy, Air Force, At the request of Mr. ABRAHAM, the coverage of individuals under long- names of the Senator from Nevada (Mr. and Marine Corps. term care insurance. S. 767 BRYAN), the Senator from Maine (Ms. SENATE RESOLUTION 22 SNOWE), and the Senator from Ten- At the request of Mr. ABRAHAM, his name was added as a cosponsor of S. At the request of Mr. CAMPBELL, the nessee (Mr. THOMPSON) were added as names of the Senator from Louisiana cosponsors of S. 531, a bill to authorize 767, a bill to amend the Internal Rev- (Ms. LANDRIEU), the Senator from Indi- the President to award a gold medal on enue Code of 1986 to provide a 2-month ana (Mr. BAYH), the Senator from Mis- behalf of the Congress to Rosa Parks in extension for the due date for filing a souri (Mr. ASHCROFT), and the Senator recognition of her contributions to the tax return for any member of a uni- from California (Mrs. BOXER) were Nation. formed service on a tour of duty out- side the United States for a period added as cosponsors of Senate Resolu- S. 541 which includes the normal due date for tion 22, a resolution commemorating At the request of Ms. COLLINS, the such filing. and acknowledging the dedication and name of the Senator from Maine (Ms. At the request of Mr. COVERDELL, the sacrifice made by the men and women SNOWE) was added as a cosponsor of S. names of the Senator from Kansas (Mr. who have lost their lives serving as law 541, a bill to amend title XVIII of the BROWNBACK), the Senator from enforcement officers. Social Security Act to make certain Vermont (Mr. JEFFORDS), the Senator SENATE RESOLUTION 59 changes related to payments for grad- from Nevada (Mr. REID), the Senator uate medical education under the At the request of Mr. LAUTENBERG, from Ohio (Mr. DEWINE), and the Sen- medicare program. the names of the Senator from Illinois ator from North Carolina (Mr. HELMS) (Mr. DURBIN), and the Senator from S. 566 were added as cosponsors of S. 767, Connecticut (Mr. LIEBERMAN) were At the request of Mr. LUGAR, the supra. added as cosponsors of Senate Resolu- name of the Senator from Arkansas At the request of Mr. COVERDELL, the tion 59, a bill designating both July 2, (Mrs. LINCOLN) was added as a cospon- name of the Senator from Texas (Mrs. 1999, and July 2, 2000, as ‘‘National Lit- sor of S. 566, a bill to amend the Agri- HUTCHISON) was withdrawn as a cospon- eracy Day.’’ cultural Trade Act of 1978 to exempt sor of S. 767, supra. agricultural commodities, livestock, S. 779 SENATE RESOLUTION 68 and value-added products from unilat- At the request of Mr. ABRAHAM, the At the request of Mrs. BOXER, the eral economic sanctions, to prepare for name of the Senator from Vermont names of the Senator from New York future bilateral and multilateral trade (Mr. JEFFORDS) was added as a cospon- (Mr. SCHUMER), the Senator from Penn- negotiations affecting United States sor of S. 779, a bill to provide that no sylvania (Mr. SANTORUM), the Senator agriculture, and for other purposes. Federal income tax shall be imposed on from Maine (Ms. SNOWE), and the Sen- S. 631 amounts received by Holocaust victims ator from Pennsylvania (Mr. SPECTER) At the request of Mr. DEWINE, the or their heirs. were added as cosponsors of Senate name of the Senator from Maine (Ms. S. 784 Resolution 68, a resolution expressing COLLINS) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, the sense of the Senate regarding the 631, a bill to amend the Social Security the names of the Senator from North treatment of women and girls by the Act to eliminate the time limitation Carolina (Mr. HELMS) and the Senator Taliban in Afghanistan. on benefits for immunosuppressive from Mississippi (Mr. COCHRAN) were SENATE RESOLUTION 71 drugs under the medicare program, to added as cosponsors of S. 784, a bill to At the request of Mr. ABRAHAM, the provide continued entitlement for such establish a demonstration project to name of the Senator from Georgia (Mr. drugs for certain individuals after study and provide coverage of routine COVERDELL) was added as a cosponsor medicare benefits end, and to extend patient care costs for medicare bene- of Senate Resolution 71, a resolution certain medicare secondary payer re- ficiaries with cancer who are enrolled expressing the sense of the Senate re- quirements. in an approved clinical trial program. jecting a tax increase on investment S. 660 S. 786 income of certain associations. At the request of Mr. BINGAMAN, the At the request of Ms. MIKULSKI, the name of the Senator from Vermont name of the Senator from Hawaii (Mr. AMENDMENT NO. 210 (Mr. LEAHY) was added as a cosponsor INOUYE) was added as a cosponsor of S. At the request of Mr. DOMENICI his of S. 660, a bill to amend title XVIII of 786, a bill to amend title II of the So- name was added as a cosponsor of the Social Security Act to provide for cial Security Act to provide that a amendment No. 210 proposed to S. Con. coverage under part B of the medicare monthly insurance benefit thereunder Res. 20, an original concurrent resolu- program of medical nutrition therapy shall be paid for the month in which tion setting forth the congressional services furnished by registered dieti- the recipient dies, subject to a reduc- budget for the United States Govern- tians and nutrition professionals. tion of 50 percent if the recipient dies ment for fiscal years 2000 through 2009.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3816 CONGRESSIONAL RECORD — SENATE April 15, 1999 SENATE CONCURRENT RESOLU- The experience Janet and I had pay- are beneficiaries of the mortgage de- TION 26—EXPRESSING THE ing for that farm is not uncommon. In duction. In fact, the level of homeown- SENSE OF THE CONGRESS THAT fact, the largest debt most families ership among foreign-born naturalized THE CURRENT FEDERAL INCOME take on in their lifetimes is a home. citizens who have been in the United TAX DEDUCTION FOR INTEREST Two-thirds of Americans own a home, States for at least six years is the same PAID ON DEBT SECURED BY A as do approximately 80 percent of as the level of homeownership of the FIRST OR SECOND HOME Americans over the age of 50 (unfortu- Nation as a whole. When families such SHOULD NOT BE FURTHER RE- nately, Janet and I now fall into both as these, who are new to our shores, STRICTED categories). This represents real prosper, we as a nation prosper. progress. In 1940, fully 56 percent of Mr. ASHCROFT submitted the fol- In short, the home mortgage deduc- Americans were renters. Clearly, lowing concurrent resolution; which tion is an important benefit to citizens America has come a long way. across this great land. It is in our na- was referred to the Committee on Fi- People buy homes for different rea- nance: tional interest to maintain this portion sons. For us, our Ozark farmhouse of- of the tax code so that new generations S. CON. RES. 26 fered many things: a place of safety to can also experience the safety and se- Whereas homeownership is a fundamental raise a family, the potential of finan- curity of homeownership. I urge my American ideal, which promotes social and cial security, a sense of community. As economic benefits beyond the benefits that colleagues to join me in support of this I travel across this great country, cou- resolution. accrue to the occupant of the home; ples of all ages suggest that they are Whereas homeownership is an important f factor in promoting economic security and looking for the same things Janet and stability for American families; I sought over a quarter century ago. SENATE RESOLUTION 77—COM- Whereas it is proper that the policy of the They seem to know, as we did, that MENDING AND CONGRATU- Federal Government is, and should continue buying a home is among the essential LATING THE UNIVERSITY OF to be, to encourage homeownership; steps a family takes to ensure stability CONNECTICUT HUSKIES FOR Whereas the rate of homeownership grew and prosperity in their lives. WINNING THE 1999 NCAA MEN’S from 64.7 percent of households in 1995 to 67 Unfortunately, while homes are a BASKETBALL CHAMPIONSHIP percent in 1998; worthwhile investment, they also are Mr. DODD (for himself and Mr. Whereas the housing needs of the popu- expensive. Real estate experts rec- lation will change as the population ages; LIBERMAN) submitted the following res- ommend that families buy homes val- Whereas the greatest growth sectors in olution; which was considered and ued at over three times their annual homeownership are minorities and first-time agreed to: homebuyers; income—a sum far greater than what S. RES. 77 Whereas the level of homeownership families could pay back in a year, or among foreign-born naturalized citizens who two, or even five. So, most Americans Whereas the University of Connecticut have been in the United States for at least 6 take out a mortgage. It is, frequently, men’s basketball team capped a remarkable years is the same as the level of homeowner- a commitment to repay the loan (with season by defeating the top-ranked Duke Blue Devils 77–74, on March 29, 1999, in St. ship of the Nation as a whole (67 percent in interest) over a 30-year period. 1998); Petersburg, Florida, to win its 1st national Historically, the Federal Government championship in its 1st ‘‘Final Four’’ appear- Whereas the value of a home represents a has encouraged such behavior. It has valuable source of savings for a family; ance; Whereas the provisions related to home- done so to promote stable families in Whereas the Huskies finished with a reg- ownership are among the simplest and most stable homes. Through the home mort- ular season record of 34–2, the best in the easily administered provisions of the Inter- gage tax deduction, one of the best and program’s proud 96 years of competition; nal Revenue Code of 1986; most praise-worthy parts of our highly- Whereas the Huskies firmly established Whereas the current Federal income tax flawed tax code, the government allows themselves as the dominant team of the dec- deduction for interest paid on debt secured taxpayers to deduct the cost of interest ade in the storied Big East Conference, win- by a first home has been a valuable corner- on their mortgages from their income ning their 6th regular season title and their stone of this Nation’s housing policy for 4th tournament championship of the 1990s; taxes. In the early years of a mortgage, Whereas UConn’s Richard ‘‘Rip’’ Hamilton most of this century and may well be the nearly 90 percent of payments go to in- most important component of housing-re- distinguished himself in the championship lated tax policy in America today; terest charges and are therefore tax de- game and throughout the season as one of Whereas the current Federal income tax ductible. the premier players in all of college basket- deduction for interest paid on debt secured The home mortgage deduction not ball, winning his 2d Big East Player of the by second homes is of crucial importance to only encourages home buying, it also Year award, earning 1st team All-America the economies of communities in each of the helps to promote community and fam- honors, and closing out a spectacular offen- 50 States: Now, therefore, be it ily. In my home state of Missouri, sive performance in the NCAA tournament Resolved by the Senate (the House of Rep- 526,744 tax filers claim the interest de- by being named the most valuable player of the Final Four. resentatives concurring), That it is the sense duction out of 2,416,434 returns. These of Congress that the Federal income tax de- Whereas UConn’s senior co-captain Ricky are families trying to build their Moore distinguished himself as one of the duction for interest paid on debt secured by homes, getting what advantages they a first or second home should not be further Nation’s top defensive players, personifying restricted. can out of the overly-burdensome tax the grit, determination, and fierce will to code. win that carried the Huskies throughout the Mr. ASHCROFT. Mr. President, on Across the rest of the country, home- year; this April 15, Tax Day 1999, I rise in ownership is an important factor in Whereas UConn coach Jim Calhoun in- support of one aspect of our deservedly promoting economic security and sta- stilled in his players an unceasing ethic of maligned tax code—the mortgage in- bility for American families. In fact, dedication, sacrifice, and teamwork in the terest deduction. The mortgage inter- homeownership is one of the most valu- pursuit of excellence, and instilled in the est deduction provides invaluable as- rest of us a renewed appreciation of what it able sources of saving for American means to win with dignity, integrity, and sistance to American families seeking families and, unlike other forms of sav- the stability and comfort of a home true sportsmanship; ing, it is encouraged and facilitated by Whereas the Huskies’ thrilling victory in they can call their own. our tax code. the NCAA championship game enraptured I purchased my first home, a small The home mortgage deduction is also their loyal and loving fans from Storrs to fieldstone farmhouse in the Ozarks, in of great assistance to many of our citi- Stamford, taking ‘‘Huskymania’’ to new the Spring of 1967, just before pro- zens who are trying hardest to estab- heights and filling the State with an over- posing to my wife, Janet. Like most lish the stability and security of home- whelming sense of pride, honor, and commu- families, paying for it was the single ownership. The greatest growth sectors nity; largest task in our young lives. It was, in homeownership today are among mi- Whereas the UConn basketball team’s na- with the wisdom of 30 plus years, a tional championship spotlighted one of the norities and first-time homebuyers, Nation’s premier State universities, that is transformational event. For it rep- who are frequently just on the cusp of committed to academic as well as athletic resented our first real taste of what attaining the American dream. excellence: Now, therefore be it James Truslow Adams called the Similarly, immigrants, who come to Resolved, That the Senate commends and ‘‘American Dream.’’ this country seeking a new way of life, congratulates the Huskies of the University

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3817 of Connecticut for winning the 1999 NCAA demonstrated amazing courage and valor in Subcommittee on Forests and Public Men’s Basketball Championship. risking their lives in order to save the life of Land Management of the Senate Com- SEC. 2. The Secretary of the Senate shall Mr. Sims; mittee on Energy and Natural Re- transmit a copy of this resolution to the Whereas the teamwork, dedication, and sources on Wednesday, April 29, 1999, at president of the University of Connecticut. bravery that Boyd Clines, Larry Rogers, and Matt Moseley displayed during the rescue 2:00 p.m. in room SD–366 of the Dirksen f mission enabled the mission to be successful; Senate Office building in Washington, SENATE RESOLUTION 78—TO AU- Whereas Atlanta firefighters, police offi- D.C. THORIZE REPRESENTATION OF cers, Sheriffs deputies, and residents dili- Those who wish to submit written MEMBERS AND OFFICERS OF gently worked together in order to fight the statements should write to the Com- massive fire that engulfed the historic cot- THE SENATE mittee on Energy and Natural Re- ton mill; sources, U.S. Senate, Washington, D.C. Mr. LOTT (for himself and Mr. Whereas Atlanta residents at home during 20510. For further information, please DASCHLE) submitted the following reso- the fire helped during the crisis by rescuing pets and using garden hoses to extinguish call Amie Brown or Mike Menge (202) lution; which was considered and 224–6170. agreed to: the flames emanating from burning debris; Whereas the Atlanta firefighters, facing f S. RES. 78 shortages of equipment and personnel, hero- Whereas, in the case of Jim Russell v. Albert ically contained a fire that could have spread AUTHORITY FOR COMMITTEE’S TO Gore, et al., Case No. 99–2–00749–1, pending in beyond the cotton mill and enveloped a his- MEET Yakima County Superior Court, Yakima toric neighborhood now being revitalized; COMMITTEE ON ARMED SERVICES County, Washington, the plaintiff has named Whereas the fire crisis of April 12, 1999, Mr. DOMENICI. Mr. President, I ask as defendants Vice President Albert Gore, shall be remembered not for the tragic loss unanimous consent that the Com- Senator Slade Gorton, and Senator Patty of the historic cotton mill, but instead for Murray; the heroism and bravery displayed by Boyd mittee on Armed Services be author- Whereas, pursuant to sections 703(a) and Clines, Larry Rogers, and Matt Moseley; and ized to meet at 9:30 a.m. on Thursday, 704(a)(1) of the Ethics in Government Act of Whereas it should be recognized that Boyd April 15, 1999, in open session, to re- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Clines, Larry Rogers, and Matt Moseley have ceive testimony on U.S. policy regard- Senate may direct its counsel to defend brought pride and honor to the State of ing Kosovo, and a revised strategic Members and officers of the Senate in civil Georgia: Now, therefore, be it concept for NATO. actions relating to their official responsibil- Resolved, That the Senate— The PRESIDING OFFICER. Without ities: Now, therefore, be it (1) congratulates Boyd Clines, Larry Rog- objection, it is so ordered. Resolved, That the Senate Legal Counsel is ers, and Matt Moseley for the bravery and directed to represent Vice President Gore, heroism that they displayed during the April COMMITTEE ON ENERGY AND NATURAL Senator Gorton, and Senator Murray in the 12, 1999, rescue mission of Mr. Ivers Sims; RESOURCES case of Jim Russell v. Albert Gore, et al. and Mr. DOMENICI. Mr. President, I ask (2) commends Atlanta firefighters, police f unanimous consent that the Com- officers, Sheriffs deputies, and residents for mittee on Energy and Natural Re- SENATE RESOLUTION 79—DESIG- the outstanding teamwork that they dis- sources be granted permission to meet NATING THE CHAIRMAN OF THE played in fighting the fire of the cotton mill. during the session of the Senate on JOINT ECONOMIC COMMITTEE f Thursday, April 15, for purposes of con- FOR THE 106TH CONGRESS NOTICES OF HEARINGS ducting a full committee hearing which is scheduled to begin at 9:30 a.m. Mr. LOTT submitted the following COMMITTEE ON ENERGY AND NATURAL resolution; which was considered and RESOURCES The purpose of this hearing is to re- ceive testimony on S. 501, a bill to ad- agreed to: Mr. MURKOWSKI. Mr. President, I dress resource management issues in S. RES. 79 would like to announce for the infor- Glacier Bay National Park, Alaska; Resolved, That the following Senator is des- mation of the Senate and the public and S. 744, a bill to provide for the con- ignated as the Chairman of the following that a hearing has been scheduled be- tinuation of higher education through committee for the 106th Congress, or until fore the Committee on Energy and Nat- the conveyance of certain lands in the his successor is chosen: ural Resources. Joint Economic Committee: Mr. Mack, State of Alaska to the University of The hearing will take place on Chairman. Alaska, and for other purposes. Wednesday, April 21, 1999, at 9:30 a.m. The PRESIDING OFFICER. Without f in room SD–366 of the Dirksen Senate objection, it is so ordered. SENATE RESOLUTION 80—CON- Office Building in Washington, D.C. The purpose of the hearing is to re- COMMITEE ON FINANCE GRATULATING BOYD CLINES, Mr. DOMENICI. The Finance Com- LARRY ROGERS, AND MATT ceive testimony on whether the United States has the natural gas supply and mittee requests unanimous consent to MOSELEY FOR THEIR BRAVERY conduct a hearing on Thursday, April AND COURAGE IN THE APRIL 12, infrastructure necessary to meet pro- jected demand. 15, 1999 beginning at 10 a.m. in room 215 1999, RESCUE MISSION OF MR. Dirksen. IVERS SIMS Because of the limited time avail- able, witnesses may testify by invita- The PRESIDING OFFICER. Without Mr. COVERDELL (for himself and tion only. However, those wishing to objection, it is so ordered. Mr. CLELAND) submitted the following submit written testimony for the hear- COMMITTEE ON FOREIGN RELATIONS resolution; which was considered and ing record should send two copies of Mr. DOMENICI. Mr. President, I ask agreed to: their testimony to the Committee on unanimous consent that the Com- S. RES. 80 Energy and Natural Resources, United mittee on Foreign Relations be author- Whereas on April 12, 1999, a treacherous States Senate, 364 Dirksen Senate Of- ized to meet during the session of the fire erupted in a historic cotton mill in At- fice Building, Washington, D.C. 20510– Senate on Thursday, April 15, 1999 at 10 lanta, Georgia, and Mr. Ivers Sims, a con- 6150. a.m. to hold a hearing. struction worker, found himself suspended For further information, please con- The PRESIDING OFFICER. Without 180 feet in the air trapped by raging flames objection, it is so ordered. surrounding him; tact Dan Kish at (202) 224–8276. Whereas Boyd Clines, a Georgia Depart- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND COMMITTEE ON THE JUDICIARY ment of Natural Resources pilot, and his MANAGEMENT Mr. DOMENICI. Mr. President, I ask navigator, Larry Rogers, arrived on the Mr. CRAIG. Mr. President, I would unanimous consent that the Com- scene and negotiated a helicopter through like to announce for the public that we mittee on the Judiciary be authorized the menacing wind, smoke, and fire which will receive testimony on one addi- to meet for an executive business emanated from the cotton mill, while an At- tional bill, S. 416 a bill to direct the meeting to mark up S. 625, a bill to lanta firefighter, Matt Moseley, dangled from a rope near the flames, all in an at- Secretary of Agriculture to convey the amend Title 11, United States Code tempt to save Mr. Sims; city of Sisters, Oregon, a certain parcel (bankruptcy reform), during the ses- Whereas Boyd Clines, Larry Rogers, and of land for use in connection with a sion of the Senate on Thursday, April Matt Moseley, in the true spirit of heroism, sewage treatment facility, before the 15, 1999, at 10 a.m.

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3818 CONGRESSIONAL RECORD — SENATE April 15, 1999 The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS Darland, who made the second team in objection, it is so ordered. small-bore. SELECT COMMITTEE ON INTELLIGENCE I also would like to mention senior JUDGE BARRY RUSSELL Mr. DOMENICI. Mr. President, I ask Kelly Bushong, who won honorable unanimous consent that the Select ∑ Mrs. FEINSTEIN. Mr. President, as a mention on the small-bore squad. Committee on Intelligence be author- representative of the great state of All of the students from the Univer- ized to meet during the session of the California, it is always a pleasure to sity’s Fairbanks campus performed Senate on Thursday, April 15, 1999 at 2 learn about and recognize the great wonderfully, an obvious reflection on p.m. to hold a closed hearing on intel- achievements made by members of the their coach, Randy Pitney, who has ligence matters. Law Enforcement community. done a sensational job of teaching and The PRESIDING OFFICER. Without Today, I am delighted to commend preparing his team this year. All Alas- objection, it is so ordered. Judge Barry Russell, for selflessly dedi- kans wish to offer our praise and our cating his personal time, energy, and thanks for the team’s hard work and SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC PRESERVATION AND RECREATION money to coordinating the Federal Bar dedication. Excellence in marksman- Mr. DOMENICI. Mr. President, I ask Association’s Federal Law Enforce- ship takes skill and discipline. It also unanimous consent that the Sub- ment Medal of Valor and Distinguished takes desire—the desire to practice, committee on National Parks, Historic Service Award Luncheon. the desire to be the best. That was par- Preservation and Recreation of the Judge Russell has chaired this pro- ticularly hard this past January in gram for the past ten years, without Fairbanks when the temperature was Committee on Energy and Natural Re- ¥ sources be granted permission to meet expecting anything in return. He often 50 degrees F. I can’t say enough for the accom- during the session of the Senate on makes this special effort to ensure that plishments of these young women and Thursday, April 15, for purposes of con- members of the Los Angeles area Fed- men. Everyone in Alaska is very proud ducting a subcommittee hearing which eral Law Enforcement community are of the Nanooks’ achievements during is scheduled to begin at 2:00 p.m. The honored for their selfless acts of valor the 1998–99 season. Again, congratula- purpose of this hearing is to receive and exemplary investigative achieve- tions on a great year.∑ testimony on S. 109, a bill to improve ments. On behalf of the United States Sen- protection and management of the f ate, and all who have benefitted from Chattahoochee River National Recre- IN RECOGNITION OF HENRY S. your inspirational service, I commend ation Area in the State of Georgia; S. LANDAU you and wish you all the best in your 340, a bill to amend the Cache La future endeavors.∑ ∑ Mr. LEVIN. Mr. President, I rise to Poudre River Corridor Act to make f congratulate Henry S. Landau on re- technical corrections, and for other ceiving the Humanitarian Award of the purposes; S. 582, a bill to authorize the ACCOMPLISHMENTS OF THE Jewish Federation of Washtenaw Coun- Secretary of the Interior to enter into UNIVERSITY OF ALASKA ty, Michigan. Mr. Landau is being hon- an agreement for the construction and ∑ Mr. MURKOWSKI. Mr. President, I ored by the Jewish Federation as a operation of the Gateway Visitor Cen- rise today to honor students from my ‘‘builder of our future,’’ because of the ter at Independence National Historic home State of Alaska who have gar- outstanding work he has done to estab- Park; S. 589, a bill to require the Na- nered a host of honors recently—all lish programs and institutions to pro- tional Park Service to undertake a very well deserved. vide education and job training in the study of the Loess Hills Area in west- As an avid outdoorsman and hunter I community. ern Iowa to review options for the pro- have more than passing skill with a Henry Landau has served his commu- tection and interpretation of the area’s rifle, but I am in awe at the accom- nity, state, and country in countless natural, cultural, and historical re- plishments of the University of Alaska ways. He served as a trustee of sources; S. 591, a bill to authorize a fea- Fairbanks Rifle Team. On Friday, Washtenaw Community College from sibility study for the preservation of March 12 the team won the NCAA na- 1976 to 1982. He also served as chair of the Loess Hills in western Iowa; and tional title in team rifle competition the Washtenaw Community College H.R. 149, a bill to make technical cor- during the annual championships held Foundation and was later honored by rections to the Omnibus Parks and at Norwich University in Northfield, the college with a lifetime achieve- Public Land Management Act of 1996 VT. ment award and an endowed scholar- and to other laws related to parks and While the Nanooks won the team ship. Mr. Landau was a Senior Life Di- public lands. Rifle Championships, the students had rector of the National Association of The PRESIDING OFFICER. Without several other firsts. Ms. Kelly Mans- Home Builders and a trustee of the objection, it is so ordered. field, a junior at the University, be- Home Builders Institute. Mr. Landau SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND came the first person ever to win both also served as President of the Michi- SPACE the small-bore and individual titles in gan Association of Home Builders and Mr. DOMENICI. Mr. President, I ask the same year. And the Nanooks set a was a board member for eighteen years. unanimous consent that the Science, record with eight team members earn- Henry Landau was instrumental in Technology and Space Subcommittee ing All-American status, record num- establishing a unique and innovative of the Committee on Commerce, ber of All-Americans in rifle competi- program in the Ann Arbor Public Science, and Transportation be allowed tion from a single University. Of the School System to teach high school to meet on Thursday, April 15, 1999, at team’s eight All-Americans six earned students about the building trades by 10 a.m. on R&D FY/2000 budget. honors in both the small-bore and air allowing them to build an actual home. The PRESIDING OFFICER. Without rifle disciplines, another record. This successful program continues and objection, it is so ordered. Besides Ms. Mansfield, I would like to is now financed through the sale of the SUBCOMMITTEE ON TRANSPORTATION AND congratulate the other seven All-Amer- homes built by students. The construc- INFRASTRUCTURE icans who competed with such distinc- tion industry later honored Mr. Lan- Mr. DOMENICI. Mr. President, I ask tion during the national collegiate dau’s efforts with the H.S. Landau unanimous consent that the Sub- championships. Earning praise are Scholarship, which is awarded annually committee on Transportation and In- sophomore Dan Jordan, freshman and benefits a graduate of the Ann frastructure be granted permission to Johan Lindberg and sophomore Melissa Arbor student building program. conduct a hearing regarding the imple- Mulloy, all double All-Americans first Mr. President, I have mentioned only mentation of the Transportation Eq- team in both events. Also earning a small sampling of the many ways in uity Act for the 21st Century Thursday, praise are junior Joacim Trybom, who which Henry Landau has used his vital- April 15, 9:30 a.m., hearing room (SD– earned first-team, small-bore and sec- ity, creativity and hard work to make 406). ond team air rifle honors; Grant his community and our nation a better The PRESIDING OFFICER. Without Mecozzi, who earned second-team hon- place to live. I know my colleagues will objection, it is so ordered. ors in both categories; and Amber join me in honoring Henry Landau for

VerDate Mar 15 2010 21:59 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S15AP9.REC S15AP9 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 15, 1999 CONGRESSIONAL RECORD — SENATE S3819 his many extraordinary efforts on be- DESIGNATING THE CHAIRMAN OF scene and negotiated a helicopter through half of his community.∑ THE JOINT ECONOMIC COMMITTEE the menacing wind, smoke, and fire which emanated from the cotton mill, while an At- Mr. COVERDELL. Mr. President, I f lanta firefighter, Matt Moseley, dangled ask unanimous consent that the Sen- from a rope near the flames, all in an at- ate now proceed to the immediate con- tempt to save Mr. Sims; AUTHORIZING REPRESENTATION sideration of Senate resolution 79, sub- Whereas Boyd Clines, Larry Rogers, and OF MEMBERS AND OFFICERS OF mitted earlier today by Senator LOTT. Matt Moseley, in the true spirit of heroism, THE SENATE The PRESIDING OFFICER. The demonstrated amazing courage and valor in Mr. COVERDELL. Mr. President, I clerk will report. risking their lives in order to save the life of ask unanimous consent that the Sen- Mr. Sims; The assistant legislative clerk read Whereas the teamwork, dedication, and ate now proceed to the immediate con- as follows: bravery that Boyd Clines, Larry Rogers, and sideration of Senate resolution 78 sub- A resolution (S. Res. 79) designating the Matt Moseley displayed during the rescue mitted earlier today by Senators LOTT Chairman of the Joint Economic Committee mission enabled the mission to be successful; and DASCHLE. for the 106th Congress. Whereas Atlanta firefighters, police offi- The PRESIDING OFFICER. The There being no objection, the Senate cers, Sheriffs deputies, and residents dili- clerk will report. proceeded to consider the resolution. gently worked together in order to fight the massive fire that engulfed the historic cot- The assistant legislative clerk read Mr. COVERDELL. I ask unanimous as follows: ton mill; consent that the resolution be agreed Whereas Atlanta residents at home during A resolution (S. Res. 78) to authorize rep- to, and the motion to reconsider be laid the fire helped during the crisis by rescuing resentation of Members and officers of the upon the table. pets and using garden hoses to extinguish Senate in the case of Jim Russell v. Albert The PRESIDING OFFICER. Without the flames emanating from burning debris; Gore, et al. objection, it is so ordered. Whereas the Atlanta firefighters, facing There being no objection, the Senate The resolution (S. Res. 79) was agreed shortages of equipment and personnel, hero- proceeded to consider the resolution. to, as follows: ically contained a fire that could have spread beyond the cotton mill and enveloped a his- Mr. LOTT. Mr. President, this resolu- S. RES. 79 tion concerns a civil action commenced toric neighborhood now being revitalized; Resolved, That the following Senator is des- Whereas the fire crisis of April 12, 1999, by a pro se plaintiff in Yakima County ignated as the Chairman of the following shall be remembered not for the tragic loss Superior Court, Yakima County, Wash- committee for the 106th Congress, or until of the historic cotton mill, but instead for ington, against Vice President ALBERT his successor is chosen: the heroism and bravery displayed by Boyd GORE, as President of the Senate, and Joint Economic Committee: Mr. Mack, Clines, Larry Rogers, and Matt Moseley; and Senators GORTON and MURRAY. The Chairman. Whereas it should be recognized that Boyd Clines, Larry Rogers, and Matt Moseley have complaint attacks the validity of fed- f eral tax laws essentially by challenging brought pride and honor to the State of the validity of all legislation enacted CONGRATULATING BOYD CLINES, Georgia: Now, therefore, be it Resolved, That the Senate— subsequent to the Seventeenth Amend- LARRY ROGERS, AND MATT MOSELEY FOR THEIR BRAVERY (1) congratulates Boyd Clines, Larry Rog- ment, on the basis that the Constitu- ers, and Matt Moseley for the bravery and tion prohibits the direct election of AND COURAGE heroism that they displayed during the April Senators provided for by the amend- Mr. COVERDELL. Mr. President, I 12, 1999, rescue mission of Mr. Ivers Sims; ment. ask unanimous consent that the Sen- and This action is subject to removal ate now proceed to the immediate con- (2) commends Atlanta firefighters, police from state court to the United States sideration of Senate resolution 80 sub- officers, Sheriffs deputies, and residents for District Court for the Eastern District the outstanding teamwork that they dis- mitted earlier today by myself and played in fighting the fire of the cotton mill. of Washington. This resolution author- Senator CLELAND. Mr. COVERDELL. Mr. President, to izes the Senate Legal Counsel to rep- The PRESIDING OFFICER. The digress for just a moment, this is a res- resent the Senate defendants in this clerk will report. olution acknowledging the heroism of suit to move for its removal to federal The assistant legislative clerk read Boyd Clines, Larry Rogers, and Matt court, and then to seek its dismissal as follows: for failure to state a claim for relief. Moseley. I doubt that there is hardly A resolution (S. Res. 80) congratulating an American alive who did not watch Mr. COVERDELL. I ask unanimous Boyd Clines, Larry Rogers, and Matt consent that the resolution be agreed Moseley for their bravery and courage in the that stunning and chilling event when to, the preamble be agreed to, and the April 12, 1999, rescue mission of Mr. Ivers these three men exemplified all the vir- motion to reconsider be laid upon the Sims. tues of American heroism. It is a stark table. There being no objection, the Senate reminder of what Americans, who work The PRESIDING OFFICER. Without proceeded to consider the resolution. for our fire departments, our rescue objection, it is so ordered. Mr. COVERDELL. I ask unanimous units, our law enforcement agencies all The resolution (S. Res. 78) was agreed consent that the resolution be agreed across the country, are capable of to. to, the preamble be agreed to, the mo- doing, and their total dedication where The preamble was agreed to. tion to reconsider be laid upon the they will often set all their own per- The resolution, with its preamble, table, and any statements relating to sonal safety aside in the name of help- reads as follows: this resolution be printed at the appro- ing another citizen. It was all embodied in this enormous S. RES. 78 priate place in the RECORD. The PRESIDING OFFICER. Without event that occurred in Atlanta, GA Whereas, in the case of Jim Russell v. Albert several days ago. It was an incredible Gore, et al., Case No. 99–2–00749–1, pending in objection, it is so ordered. Yakima County Superior Court, Yakima The resolution (S. Res. 80) was agreed sight and witness of American heroism. County, Washington, the plaintiff has named to. I am particularly pleased to be able to as defendants Vice President Albert Gore, The preamble was agreed to. join with my colleague, Senator Senator Slade Gorton, and Senator Patty The resolution, with its preamble, CLELAND, in the authorship of that res- Murray; reads as follows: olution which has just been approved. Whereas, pursuant to section 703(a) and 704(a)(1) of the Ethics in Government Act of S. RES. 80 f 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Whereas on April 12, 1999, a treacherous Senate may direct its counsel to defend fire erupted in a historic cotton mill in At- REFERRAL OF MEASURE—S. 754 Members and officers of the Senate in civil lanta, Georgia, and Mr. Ivers Sims, a con- Mr. COVERDELL. Mr. President, I actions relating to their official responsibil- struction worker, found himself suspended ask unanimous consent that calendar ities: Now, therefore, be it 180 feet in the air trapped by raging flames Resolved, That the Senate Legal Counsel is surrounding him; No. 86, S. 754 be referred to the Envi- directed to represent Vice President Gore, Whereas Boyd Clines, a Georgia Depart- ronment and Public Works Committee. Senator Gorton, and Senator Murray in the ment of Natural Resources pilot, and his The PRESIDING OFFICER. Without case of Jim Russell v. Albert Gore, et al. navigator, Larry Rogers, arrived on the objection, it is so ordered.

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The trade policy and negotiations to Inter- clerk will report. national conferences, meetings and ne- STATE JUSTICE INSTITUTE The assistant legislative clerk read gotiation sessions relating to trade JOSEPH FRANCIS BACA, OF NEW MEXICO, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- as follows: agreements: TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, WILLIAM V. ROTH, Jr. of Delaware, 2001. (REAPPOINTMENT) A bill (H.R. 911) to designate the Federal ROBERT NELSON BALDWIN, OF VIRGINIA, TO BE A MEM- building located at 310 New Bern Avenue in JOHN H. CHAFEE of Rhode Island, BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- Raleigh, North Carolina, as the ‘‘Terry San- CHARLES E. GRASSLEY of Iowa, DANIEL TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2001. (REAPPOINTMENT) ford Federal Building’’. PATRICK MOYNIHAN of New York, and IN THE AIR FORCE There being no objection, the Senate MAX BAUCUS of Montana. The Chair, on behalf of the President THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceeded to consider the bill. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Mr. COVERDELL. Mr. President, I pro tempore, pursuant to Public Law CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 103–419, appoints the following indi- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ask unanimous consent that the bill be 601: vidual to the United States Commis- read three times, passed, the motion to To be lieutenant general reconsider be laid upon the table, and sion on Civil Rights: Elsie M. Meeks of that any statements relating thereto South Dakota. LT. GEN. RONALD T. KADISH, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT be printed at the appropriate place in f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the RECORD. ORDERS FOR MONDAY, APRIL 19, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE The PRESIDING OFFICER. Without AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 1999 601: objection, it is so ordered. To be lieutenant general The bill (H.R. 911) was read a third Mr. COVERDELL. Mr. President, I time and passed. ask unanimous consent that when the MAJ. GEN. PAUL V. HESTER, 0000. Senate completes its business today it THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- stand in adjournment until 12 noon on CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Monday, April 19. I further ask that on AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REREFERRAL OF S. 302 Monday, immediately following the 601: Mr. COVERDELL. Mr. President, I prayer, the Journal of proceedings be To be general ask unanimous consent that S. 302 be approved to date, the morning hour be GEN. RALPH E. EBERHART, 0000. discharged from the Committee on deemed to have expired, the time for THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Health, Education, Labor, and Pen- AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, the two leaders be reserved, and the AND APPOINTMENT TO THE GRADE INDICATED WHILE sions and be referred to the Committee Senate then begin a period of morning ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- on the Judiciary. business until 2 p.m. with Senators per- SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 8034: The PRESIDING OFFICER. Without mitted to speak for up to 10 minutes To be general objection, it is so ordered. each, with the following exceptions: LT. GEN. LESTER L. LYLES, 0000. IN THE ARMY f Senator MURKOWSKI, 20 minutes; Sen- ator BOND, 10 minutes. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXECUTIVE SESSION The PRESIDING OFFICER. Without AS ASSISTANT SURGEON GENERAL AND CHIEF OF THE DENTAL CORPS, UNITED STATES ARMY, AND FOR AP- objection, it is so ordered. POINTMENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 3039: f To be major general EXECUTIVE CALENDAR PROGRAM Mr. COVERDELL. Mr. President, I BRIG. GEN. PATRICK D. SCULLEY, 0000. Mr. COVERDELL. For the informa- IN THE MARINE CORPS ask unanimous consent that the Sen- tion of all Senators, the Senate will re- ate immediately proceed to executive THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR convene on Monday at 12 noon and APPOINTMENT TO THE TEMPORARY GRADE INDICATED session to consider the following nomi- begin a period of morning business IN THE UNITED STATES MARINE CORPS IN ACCORDANCE WITH SECTION 6222 OF TITLE 10, U.S.C.: nations on the executive calendar: Nos. until 2:00 p.m. Following morning busi- To be colonel 23 and 24. I finally ask unanimous con- ness, the Senate may begin consider- sent that the nominations be con- ation of any legislative or executive TIMOTHY W. FOLEY, 0000 firmed, the motion to reconsider be items cleared for action with at least IN THE NAVY laid upon the table, any statements re- one rollcall vote expected at approxi- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT lating to the nominations be printed at IN THE UNITED STATES NAVY TO THE GRADE INDICATED mately 5:30 p.m. All Senators will be WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the appropriate place in the RECORD, notified of the particular item to be RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the President be immediately notified considered on Monday as well as the To be vice admiral of the Senate’s action, and the Senate exact voting schedule when that infor- REAR ADM. THOMAS R. WILSON, 0000. then return to legislative session. mation becomes available. IN THE NAVY The PRESIDING OFFICER. Without The majority leader would again like THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT objection, it is so ordered. to remind all Senators that there will IN THE UNITED STATES NAVY TO THE GRADE INDICATED The nominations considered and con- be no session of the Senate tomorrow UNDER TITLE 10, U.S.C., SECTION 624: firmed en bloc are as follows: and next Friday, April 23. I better re- To be rear admiral (lower half) THE JUDICIARY peat that. The majority leader would DAVID J. ANTANITUS, 0000 DALE E. BAUGH, 0000 William J. Hibbler, of Illinois, to be United like to remind all Senators that there RICHARD E. BROOKS, 0000 States District Judge for the Northern Dis- will be no session of the Senate tomor- EVAN M. CHANIK, JR., 0000 trict of Illinois. BARRY M. COSTELLO, 0000 row and next Friday, April 23. DAVID M. CROCKER, 0000 Matthew F. Kennelly, of Illinois, to be KIRKLAND H. DONALD, 0000 United States District Judge for the North- f DENNIS M. DWYER, 0000 ern District of Illinois. MARK J. EDWARDS, 0000 ADJOURNMENT UNTIL MONDAY, BRUCE B. ENGELHARDT, 0000 f APRIL 19, 1999 TOM S. FELLIN, 0000 JAMES B. GODWIN III, 0000 Mr. COVERDELL. Mr. President, if CHARLES H. JOHNSTON, JR., 0000 LEGISLATIVE SESSION there is no further business to come be- JOHN M. KELLY, 0000 STEVEN A. KUNKLE, 0000 The PRESIDING OFFICER. Under fore the Senate, I now ask that the WILLIE C. MARSH, 0000 the previous order, the Senate will now Senate stand in adjournment under the GEORGE E. MAYER, 0000 JOHN G. MORGAN, JR., 0000 return to legislative session. previous order. DENNIS G. MORRAL, 0000

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ERIC T. OLSON, 0000 ERIKA L. CRAWLEY, 0000 MAURICE D. MURPHY, 0000 JAMES J. QUINN, 0000 DOUGLAS K. DANIELS, 0000 RACHEL M. NORTON, 0000 ANN E. RONDEAU, 0000 LUKE C. DAVIGNON, 0000 MICHAEL P. ONEIL, II, 0000 FREDERICK R. RUEHE, 0000 CAROLYN A. DEGON, 0000 DANIEL R. ORCHARD, 0000 LINDELL G. RUTHERFORD, 0000 AUGUST M. DELARUE, 0000 KIMBERLY J. ORR, 0000 JOHN D. STUFFLEBEEM, 0000 JASON J. DORVAL, 0000 JESSICA A. OWSIANY, 0000 WILLIAM D. SULLIVAN, 0000 RYAN S. ENGEL, 0000 HEATHER J. PARADISE, 0000 GERALD L. TALBOT, JR., 0000 ELLEN A. FAIRLEIGH, 0000 MARK B. PATTON, 0000 HAMLIN B. TALLENT, 0000 PETER E. FANT, 0000 JOSHUA D. PENNINGTON, 0000 RICHARD P. TERPSTRA, 0000 LAUREN E. FELIX, 0000 ERIC C. PERDUE, 0000 THOMAS J. WILSON III, 0000 MICHAEL P. FISHER, 0000 KRISTA J. PETERS, 0000 JAMES M. ZORTMAN, 0000 AMY E. FLORENTINO, 0000 EBEN H. PHILLIPS, 0000 IN THE COAST GUARD CRAIG R. FOOS, 0000 KEVIN L. PLYLAR, 0000 KATHERINE A. FOX, 0000 ROBERT H. POTTER, JR., 0000 THE FOLLOWING NAMED CADETS OF THE UNITED JULIE P. GAMBLE, 0000 RYAN M. REARDON, 0000 STATES COAST GUARD ACADEMY FOR APPOINTMENT TO MATTHEW G. GEER, 0000 HELENA H. ROBINSON, 0000 THE GRADE INDICATED IN THE UNITED STATES COAST THOMAS A. GILL, 0000 PAUL A. RODRIGUEZ, 0000 GUARD UNDER 14 U.S.C., SECTION 211: SUZANNE E. GILLE, 0000 AARON J. ROE, 0000 To be ensign LINDSEY C. GILLICK, 0000 RHETT R. ROTHBERG, 0000 GARRY E. GRABINS, 0000 GREGORY K. SABRA, 0000 ASHLEY B. ACLIN, 0000 JEFFREY R. GRAHAM, 0000 SCOTT M. SANBORN, 0000 MICAH N. ACREE, 0000 ANNA K. HAGER, 0000 JEFFREY A. SANCHEZ, 0000 MELODY C. ADAMES, 0000 SHELBY A. HARRINGTON, 0000 GREGORY H. SCOTT, 0000 MARCUS J. AKINS, 0000 CHAD R. HARVEY, 0000 JOSHUA S. SEBASTIAN, 0000 PINSUDA ALEXANDER, 0000 ANTHONY H. HAWES, 0000 MICHAEL D. SHARP, 0000 NAHSHON I. ALMANDMOSS, 0000 JOHN HENRY, 0000 SARAH P. SNYDER, 0000 JAMIE T. AMON, 0000 ANNE M. HERMAN, 0000 ANNA L. STAMPER, 0000 SHAMEEN E. ANTHANIO, 0000 AZIZA A. HILL, 0000 BRIAN S. THOMAS, 0000 JEFFREY A. APPS, 0000 THOMAS J. HOPKINS, 0000 GEORGE M. TOBEY, 0000 LORI A. ARCHER, 0000 TIMOTHY A. HUNTER, 0000 BORIS K. TOWNS, 0000 KATHRYN M. ARNOLD, 0000 CASSIE Q. JANSSEN, 0000 ERIN N. TRABER, 0000 JORDAN M. BALDUEZA, 0000 JEANNETTE E. JERABEK, 0000 TODD C. TROUP, 0000 BRANDI A. BALDWIN, 0000 RYAN R. JOHNSON, 0000 DANIEL R. URSINO, 0000 KELLY A. BANKE, 0000 BRADLEY K. JOHNSON, 0000 REBECCA A. WAITT, 0000 JASON P. BARRETT, 0000 BECKY K. JONES, 0000 MATTHEW J. WALDRON, 0000 DAVID M. BARTRAM, 0000 SARAH E. JUCKETT, 0000 THOMAS W. WALLIN, JR., 0000 JOSH L. BAUER, 0000 AIMEE R. JULCH, 0000 RICHARD B. WALSH, 0000 DEREK C. BEATTY, 0000 KIMBLEY K. KASTNER, 0000 STEPHEN M. WASYLENKO, 0000 BRIAN J. BEHLER, 0000 DANIEL P. KEANE, 0000 WILLIAM C. WOITYRA, 0000 ANDREW R. BENDER, 0000 HEATHER J. KELLY, 0000 HEATHER J. WOLF, 0000 LEAH B. BENTLEY, 0000 ROBERT R. KISTNER, 0000 MICHAEL J. WOODRUM, II, 0000 MATT A. BOURNONVILLE, 0000 BREANNA L. KNUTSON, 0000 ERIK A. WOZNIAK, 0000 JASON P. BRAND, 0000 ZACHARY A. KOEHLER, 0000 FRANCINE A. YAKIMO, 0000 SCOT A. BROWN, 0000 MICHAEL R. LACHOWICZ, 0000 MICHAEL J. ZERUTO, 0000 NICHOLAS R. BUDERUS, 0000 ERIN G. LAMBIE, 0000 JANICE T. CARRELL, 0000 PAUL G. LANG, 0000 JUSTIN M. CARTER, 0000 SARAH E. LARRABEE, 0000 CONFIRMATIONS DREW M. CASEY, 0000 SCOTT P. MARLETT, 0000 STEPHEN N. CASEY, 0000 RUSSELL D. MAYER, 0000 Executive nominations confirmed by SEAN R. CASHELL, 0000 NOVA MCCONNICO, 0000 ROBERT B. CHAMBERS, 0000 EUGENE D. MCGUINNESS, 0000 the Senate April 15, 1999: RANDALL T. CHONG, 0000 KERRY D. MCKEEVER, 0000 THE JUDICIARY MICHAEL A. CILENTI, 0000 BRIAN J. MCLAUGHLIN, 0000 JOSEPH A. COMAR, 0000 MARION O. MCQUEEN, III, 0000 WILLIAM J. HIBBLER, OF ILLINOIS, TO BE UNITED ZACHARIAH S. CONOVER, 0000 BRIAN J. MCSORLEY, 0000 STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT STEPHANIE S. CONRAD, 0000 DAVID L. MELTON, 0000 OF ILLINOIS. JEFFREY K. COON, 0000 ANDREW J. MEYERS, 0000 MATTHEW F. KENNELLY, OF ILLINOIS, TO BE UNITED DANIEL H. COST, 0000 SEAN R. MITCHELL, 0000 STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT THOMAS G. COWELL, 0000 JASON W. MORGAN, 0000 OF ILLINOIS.

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INTRODUCTION OF OSHA REFORM to seek relief in court. I am proposing that the NANCY JALONEN, 1999 BRAVO! BILLS OSH Act be amended to provide an adminis- RECIPIENT trative private right of action so that the com- HON. CASS BALLENGER plainant is assured opportunity for an adminis- HON. TOM LANTOS OF NORTH CAROLINA trative hearing and timely decision. Encour- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES aging safety and health audits and assuring IN THE HOUSE OF REPRESENTATIVES Thursday, April 15, 1999 timely adjudication of whistleblower complaints Thursday, April 15, 1999 Mr. BALLENGER. Mr. Speaker, today I am by employees are important steps that Con- Mr. LANTOS. Mr. Speaker, I rise today to introducing five bills, each targeted specifically gress must take to support and encourage vol- recognize Ms. Nancy Jalonen of San Mateo, to a needed reform of the Occupational Safety untary safety and health efforts by employers CA, the recipient of the 1999 Bravo! Award. and Health Act. and employees. The Bravo! Award is given each year by the Hillbarn Theatre League in honor of substan- Over the past several years, we have made Safety Meetings: As a result of a December progress in redirecting and refocusing OSHA, tial contributions to the cultural life of the Pe- 1998 decision by the National Labor Relations ninsula area. Ms. Jalonen will receive this from an agency that was too often focused on Board, employee safety committee are illegal, enforcement ``for enforcement's sake'' to one honor on tomorrow evening at a ceremony except: (1) where a union is involved and the that has begun to recognize the importance held in her honor at the Crowne Plaza Hotel and effectiveness of cooperative efforts and safety committee is negotiated with the union, in Foster City. consultation programs, and of encouraging the or (2) the safety committee has no real re- Nancy Jalonen has been absolutely vital to voluntary efforts of employers and employees. sponsibility for safety and health. For years we the arts community on the Peninsula for many When we began this effort, the Clinton ad- have argued over what employee involvement years now. During her tenure as executive di- ministration claimed that any change in the law allows or does not allow. At least now, rector from 1978 to 1984, she revolutionized OSHA's focus on enforcement would lead di- in the area of safety, it is clear that, for most the San Mateo Arts Council. She developed the Music in the Schools program, attracting rectly to increased injuries and deaths. In fact, workplaces, current law permits very little em- professional musicians to local schools to give just the opposite has occurred. The Depart- ployee involvement. It is time to fix the law. ment of Labor has reported in recent months lectures and demonstrations, and she created My bill addresses only safely committees; it the SWAP program, where artists ``swap'' that both workplace fatalities and workplace does not open up the National Labor Relations injury rates have again declined and are at the teaching for studio space. When Ms. Jalonen Act. It would allow employees to participate, lowest levels since those records have been left the Arts Council in 1984, it had been maintained. Those record low levels have through safety committees, in evaluating safe- judged one of the top three councils in Cali- been achieved even though we are the midst ty conditions and safety rules and policiesÐre- fornia for 2 years running. of a tight job market, a time in which, histori- sponsibilities that are now prohibited in the Since then, Ms. Jalonen has led the com- cally, injury rates increased. majority of workplaces. mittee to renovate the San Mateo High School Auditorium and transform it into the San My goal is to continue to push for changes Rulemaking Reform: In my view, a relatively that will further reduce injuries and fatalities by Mateo Performing Arts Center. She is on the simple reform would make OSHA standards- Board of Directors of Ragazzi and Theatre- encouraging voluntary action and cooperative setting more fair and lead to more practical approaches. Where regulation and enforce- Works and is also a member of the committee regulation. When OSHA proposes a standard, ment is imposed, it should be fair and the ben- to found City Arts of San Mateo, an organiza- efits should justify the costs. Unfortunately, it should clearly indicate which industries will tion geared to promote visual, literary, and there are still far too many instances in which be regulated, and its risk assessments and performing arts in San Mateo. OSHA's enforcement and regulation is neither. cost analysis regarding the standard should In 1996, Ms. Jalonen produced and hosted The five bills that I am introducing cover the relate specifically to those industries. Neither 21 television programs on the oral history of following areas. I welcome my colleagues' of these steps is new. OSHA has identified San Mateo County. This was not her first foray into the world of television. For 20 years at support for these bills. specific industries in some rulemakings, and KCSM±TV, she produced and hosted over Audit Protection: Safety and health audits the courts have frequently required OSHA to are an important aspect of a company's efforts 150 television programs featuring performing reconsider standards because it failed to con- and visual arts organizations throughout San to ensure that their workplaces are safe. Most duct ``industry specific'' analyses. Putting employers, particularly in hazardous indus- Mateo County. She currently presents a these changes in statute will ensure that both tries, do some type of safety and health audit. monthly radio program on local theater for the are consistently part of the rulemaking proce- Those with good lawyers then either destroy Lighthouse for the Blind. the records or disclose it only to their lawyers, dure, thereby providing greater fairness in fu- Mr. Speaker, Nancy Johnson's work has neither of which is the most effective way to ture OSHA rulemakings. been a remarkable and an important contribu- tion to the cultural life of the Peninsula, and improve safety and health. The reason compa- SBREFA Implementation: The 1996 Small nies do so is that OSHA inspectors routinely her efforts have enriched the lives of all of us Business Regulatory Enforcement Act in the Bay Area. I would like to ask my col- use the audit to penalize the employer. (SBREFA) required all federal regulatory OSHA's enforcement policy is counter- leagues to join me and the Hillbarn Theatre agencies to establish policies to provide for re- League in lauding Ms. Nancy Lee Jalonen for productive to employee health and safety. I duction and waiver of penalties for non-serious believe we should encourage employers to her well-deserved honor. violations by small employers. OSHA has conduct audits, not discourage them. My bill f maintained that its existing penalty policy was provides limited protection for audits, and at HONORING MARY BIANCHINI the same time, encourages employers to con- an adequate response. However, the existing duct audits and to fix the hazards found during policy allows a maximum 35 percent reduction for most small businesses, and conditions HON. BENJAMIN A. GILMAN those audits. OF NEW YORK Whistleblower Protection: The OSH Act pro- even that reduction on meeting additional, IN THE HOUSE OF REPRESENTATIVES vides important legal protection for employees non-regulatory requirements. My legislation Thursday, April 15, 1999 who raise concerns about safety or health will direct OSHA to adopt a specific waiver of hazards. However, the current process for penalties policy for non-serious violations, if Mr. GILMAN. Mr. Speaker, I am pleased to handling those complaints is neither effective those violations are corrected within a time- call to the attention of our colleagues one of nor fair. Complainants sometimes wait years frame set by OSHA. the most remarkable residents of my Congres- for the Department of Labor to decide whether sional District and, in fact, of our nation.

∑ 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. E662 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 Mary Bianchini is turning 92 years young and my constituent of Atherton, California, ture, not siphoning off the surplus. I am op- this month, and her friends, family, and nu- who will be presented the Leading Citizens posed to such trickery. merous admirers are coming together not only Award by the Boys & Girls Club of the Penin- Mr. Speaker, their plan uses irresponsible to honor her but also to initiate a scholarship sula on Wednesday, April 21, 1999. tax cuts for the next 10 years as opposed to fund in her name. Mary has devoted so many As a third generation Californian, Mervin investing in our economic future. Their plan ig- years of service to othersÐas a nurse, as a Morris was raised in the farming town of Dela- nores the challenges that working families media personality, and as a linchpin in numer- no, California. He joined the family business and/or the struggling poor face in consequen- ous charitable concernsÐthat it is only appro- after serving four years in the United States tial areas such as job training, education, priate that we return some of our love to her Army during World War II. In 1949, he found- health care, and affordable housing. which she has showered upon us all these ed Mervyns Department Store in San Lorenzo, Mr. Speaker, this conference report sets many years. California. From that original store in San nondefense discretionary spending for FY A cover story in the January-February 1987 Lorenzo, he built a department store chain 2000 at $43.7 billion less than provided for in issue of ``Geriatric Nursing'' recounted how that currently employs over 70,000 people 1999. Where do our priorities lie? This budget Mary emigrated to the United States from Italy worldwide. sounds like a dream, a nightmare for those with her family at a young age. In 1929, she Mervin Morris has provided over a decade who are most vulnerableÐ$2.5 billion less in married the man her parents has chosen for of service to the Boys & Girls Club. His vision budget authority for community and regional her but before long that union found a firm resulted in the development of a new club- development; $800 million less for health pro- foundation in love. In fact, Mary remained house to serve the youth in East Palo Alto grams; $4.1 billion less in low-income pro- married to the same man until his untimely which is slated to open next spring. The club- grams; and finally $13.7 billion more in budget death in the late 1950s, nearly thirty years house in Redwood City is named in his honor, authority for defense spending in FY 2000. after their nuptials. and he has been instrumental in garnering vol- This budget does not reflect the needs of Mary had planned to become a sterling my district where the median income is housewife and mother, but as happened with unteer and donor support for a fully renovated all too many Americans at that time, the Great facility in the Belle Haven neighborhood in $25,250. This budget cuts the heart out of Depression threw a monkey wrench into her Menlo Park. senior citizens with the $9 billion Medicare plans. Forced to find employment in a shoe Mervin Morris' volunteer activities do not cuts and puts health care at risk for millions factory, Mary had to seek new employment stop at the Boys & Girls Club. He currently with the $1.2 billion cut in Medicaid. when that establishment burned down and she serves as a Trustee of the Palo Alto Medical Mr. Speaker, only as this process moves applied to become a telephone operator at the Foundation and is a member of the Board of into appropriation reality will the American Rockland State Hospital. Mary was told there Directors of the Eisenhower Medical Center. people understand the basic unfairness, the were no vacancies, but would be hired if she His involvement in countless other community cold-heartedness which lie at the base of would help out in patient care. From that ex- organizations include the California Academy these numbers presented here today. perience on, Mary was hooked on helping oth- of Sciences, the Jewish Community Federa- I end with a quote by the great Franklin ers. tion, Jewish Home for the Aged, the Palm Delano Roosevelt to remind my colleagues of Mary demonstrated a natural skill at caring Springs Desert Museum, the Peninsula Oral achieving a great society in a true democracy. for the ill. She became a licensed practical School for the Deaf, Scott Street Senior Hous- True individual freedom cannot exist without nurse in 1938, and soon earned a reputation ing, and the Stanford Athletic Department. Mr. economic security and independence. People statewide for her compassion and skill, as well Morris also continues his service to our mili- who are hungry and out of a job are the stuff as her common sense. tary as a civilian advisor to the Commanding of which dictatorships are made. Mary served as an officer in the New York General of the Army and Air Force Exchange f State Practical Nurses Association from 1948 Services. until 1962. In these positions, her reputation Mervin Morris and his wife of almost fifty TRIBUTE TO JIM SCHUETTE as a feisty defender of the underdog was as- years, Roslyn, who is also being honored by sured. the Boys & Girls Club, have four loving chil- HON. MARK GREEN In the 1960's, Mary began a completely new dren and twelve beautiful grandchildren. OF WISCONSIN career as host of her own radio, and cable tel- Mr. Speaker, Mervin Morris is a man of out- IN THE HOUSE OF REPRESENTATIVES evision, programs. Soon, the movers and standing character and I salute him for his re- Thursday, April 15, 1999 shakers in all aspects of society were seeking markable contributions to our country and our to be interviewed by this remarkable woman, community. We consider him a great blessing Mr. GREEN of Wisconsin. Mr. Speaker, I'd not quite five feet high. Her insight broadcast amongst us and I ask my colleagues to join like to briefly provide some comments about a interviews continued until well in the 1980s. me in honoring him as he receives the honor great friend of the people of northeastern Wis- Mary Bianchini was the American Heart As- of being named a Leading Citizen by the Boys consin, and a personal friend of mineÐJim sociation ``Queen of Hearts'' in 1985, was & Girls Club of the Peninsula. No one de- Schuette. cited by Governor Mario Cuomo for service to serves this more. This month marks the end of Jim's term as our state, and was a strong supporter of my f Outagamie County Executive, a position he Congressional Citizens Advisory Committee has held for the last three years. on Drugs. CONFERENCE REPORT ON HOUSE But Jim's history of serving the people goes Perhaps Mary's greatest pride in her own CONCURRENT RESOLUTION 68, back a full 45 yearsÐand we're truly fortunate family. Her son Dr. Valentino Bianchini is a re- CONCURRENT RESOLUTION ON he decided to dedicate his life to public serv- spected member of the medical profession THE BUDGET FOR FISCAL YEAR ice. who has raised his own family following 2000 As a young man, Jim joined the U.S. Marine Mary's guidelines to life. She is also proud of Corps and later went on to serve for 19 years her large, loving family. SPEECH OF with the U.S. Army Reserves. Mr. Speaker, I invite my colleagues to join HON. DANNY K. DAVIS For most of his working life, Jim delivered with us in saluting this wonderful woman on OF ILLINOIS letters for the U.S. postal serviceÐand was al- the occasion of her 92nd birthday, with wishes IN THE HOUSE OF REPRESENTATIVES ways a smiling face folks could count on. for many many more, as well as our For the 12 years before he became county profoundest hopes that we will be able to join Wednesday, April 14, 1999 executive, he served on the Outagamie Coun- her in celebrating many birthdays to come. Mr. DAVIS of Illinois. Mr. Speaker, I rise in ty Board, where he earned a reputation for ap- f opposition to H. Con. Res. 68 because it is a proaching problems with his trademark com- TRIBUTE TO MERVIN G. MORRIS magician's trick. It tricks the American people mon sense. into believing that the Republican budget plan I couldn't dream of letting this occasion go is good for retirees; good for baby boomers by without telling Jim how much his time and HON. ANNA G. ESCHOO and the solvency of Social Security; and good hard work have meant to me and to the peo- OF CALIFORNIA for our working families. Mr. Speaker, their ple of northeastern Wisconsin. IN THE HOUSE OF REPRESENTATIVES plan is smoke-and-mirrors. Their plan is full of So, on behalf of myself and the countless Thursday, April 15, 1999 short-term, feel-good, pretax day ``fuzzy- other people whose lives have been made Ms. ESHOO. Mr. Speaker, I rise today to wuzzies.'' However, I submit that we need to brighter by Jim's efforts, I want to say honor Mervin G. Morris, an extraordinary man be making investments toward America's fu- ``thanks!'' CONGRESSIONAL RECORD — Extensions of Remarks E663 HONORING THE SHEPELS AND purposes of the Knights of Columbus, founded guished Citizen Award from the Boy Scouts of MARIA’S ITALIAN RESTAURANT by Rev. Michael McGivney in 1882Ðcharity, America and has received a Honorary Doctor unity, fraternity, and patriotism. It has held its of Humanities Degree from Fitchburg State HON. RON KLINK loyalty to the Catholic Church and the Pope. College. OF PENNSYLVANIA The Knights of Columbus have promoted solid Within Massachusetts, Ron held the position IN THE HOUSE OF REPRESENTATIVES values through its promotion of family life, of the Commissioner of Commerce and Devel- charitable disbursements to needy people and opment in the mid-1980's. He also served on Thursday, April 15, 1999 disaster victims, its ``Crusade for Life'' in de- a number of state-wide boards and councils Mr. KLINK. Mr. Speaker, I rise today to fense of the unborn, insurance for its mem- including the Governor's Commission on Co- honor two outstanding citizens from Beaver, bers, an educational trust for children of mem- generation, the Mental Health & Retardation Pennsylvania. To the delight of the commu- bers who are killed or totally disabled due to Area Board, and the State Job Training Co- nity, George and Maria DiLeonardo-Shepel re- military service or in performance of their du- ordinating Council. Ron currently serves on opened a fine family restaurant known as ties as full-time law enforcement officers or the American Civil Liberties Union of Massa- Maria's on April 1, 1999. The Shepels' hard firemen, and student loans to Knights, their chusetts. work and commitment to this neighborhood in- families, and members of the clergy. Nationally, Ron is the treasurer of the Cen- stitution are testimony to the strong work ethic Council 414 has worked particularly hard to ter of National Policy in Washington, DC, a of western Pennsylvania. provide charitable assistance to the crippled non-partisan and non-profit public policy think I would like to recognize the Shepels for children and adults of Bay City, as well as to tank. In 1977, Ron served as an industry advi- their contributions to their community. Without the mentally challenged. Its ``Klown Unit'' pro- sor (footwear) to the Office of the President. these types of individuals, many of our neigh- vided more than 2,200 hours of enjoyment to Mr. Speaker, few people in public life ever borhoods would lose their local traditions. children at schools, hospitals, special events, make the type of contributions made by Ron- Their dedication and hard work are deserving and the Special Olympics last year. The ald Ansin. I can sincerely commend Ron as a of commendation. Knights have been wonderful friends through true humanitarian, a role-model for our youth, The Shepels bought Maria's in 1988 and their visits to senior citizens. They also pro- and a man worthy of honor and respect. It is successfully modeled the restaurant after an vided, without charge, assistance with their only appropriate that the House join me in authentic Italian eatery. For six years, this es- Pall Bearers Group at over 400 funerals since paying tribute to Mr. Ansin today. tablishment was a popular neighborhood the group's inception more than a decade ago. f meeting place. During my first campaign for Mr. Speaker, at a time when we ask wheth- THE FAMILY FARM PROTECTION the U.S. Congress, the Shepels were among er or not our people have a sense of values, ACT my first supporters, and invited me to dine in and whether or not they are prepared to rec- their restaurant. I will never forget their friend- ognize that the government alone cannot pro- ship or their kind words of support. vide all of the assistance that people may re- HON. MARK GREEN The couple has spent the last few years quire, we need look no further than the OF WISCONSIN renovating the restaurant and restoring it to its Knights of Columbus, and inspirational units IN THE HOUSE OF REPRESENTATIVES original condition. By providing quality food like Council 414 of Bay City. I urge you and Thursday, April 15, 1999 and friendly service, the Shepels have en- all of our colleagues to join me in congratu- Mr. GREEN of Wisconsin. Mr. Speaker, I sured that Maria's will be a permanent fixture lating Grand Knight James F. Morrisette and am proud today to introduce my first bill before in this community for years to come. My fellow the more than 640 members of Council 414 this house. colleagues, it is with great pleasure that I rise on this very special 100th anniversary, and in It's a bill designed to bring some des- and applaud George and Maria DiLeonardo- wishing them many more successful and ful- perately-needed relief to farm families across Shepel. I hope they continue to enjoy tremen- filling years to come. America and in my home of northeastern Wis- dous success and wish them the best of luck f consin. in the future. HONORING RONALD ANSIN It's a simple proposal, reallyÐand rather f than increase government's role in agriculture, CELEBRATING A CENTURY OF HON. JOHN W. OLVER it actually eliminates one of the burdens gov- ACCOMPLISHMENT ernment places upon our family farmers. OF MASSACHUSETTS This billÐthe Family Farm Protection ActÐ IN THE HOUSE OF REPRESENTATIVES will exempt farmers from the Federal capital HON. JAMES A. BARCIA Thursday, April 15, 1999 gains tax when they sell their farm to a family OF MICHIGAN member. Mr. OLVER. Mr. Speaker, I rise today to pay IN THE HOUSE OF REPRESENTATIVES This bill removes one of the multitude of honor to the fine work and outstanding public burdens our farmers face, and will help to Thursday, April 15, 1999 service of a true philanthropist, Mr. Ronald keep family farms within the family. Mr. BARCIA. Mr. Speaker, people who give Ansin. On this Saturday, Ron will receive the Our farmers are suffering through the tough- back to their community are a precious re- 1999 National Alexis de Tocqueville Society est farm crisis in 15 yearsÐmaybe longer. source. For my home town of Bay City, one Award for Community Service, United Way of We used to call farming ``agriculture,'' today, wonderful example of how valuable this pre- America's highest honor given for volunteer it's more often called ``agribusiness.'' cious resource can be is Knights of Columbus, service. I think there's a reason for that. Council #414, which this week celebrates its A native of central Massachusetts, Ron America used to be an ``argi-culture''Ðfarm- most special 100th anniversary. graduated from Harvard College cum laude in ing was more than a business. Forty-nine men from Bay City and Saginaw 1955 and continued his education at Yale Law It was America's way of lifeÐwe were a cul- met on April 16, 1899, to organize Valley School graduating in 1958. Both a civic and ture built around an agrarian center. Council 414, with its first home at the Old Cot- business leader in Massachusetts, Ron heads Washington and Jefferson were both farm- tage Hall on the corner of Sixth and Madison. two successful companies, the Anwelt Cor- ers. While some members withdrew from 414 in poration in Fitchburg, Massachusetts and L.B. But today, we can see our ``agri-culture'' order to form other new councils in Saginaw Evans's Son Co., Inc., in Leominster, Massa- slipping into history. and the surrounding area, by December 29, chusetts. As more family farms go under, the farming 1915, the Bay City Council 414, renamed as Over the past 30 years, Ron has committed way of lifeÐAmerica's ``agri-culture'' goes with such in 1902, had grown to over 1,500 mem- himself to civic and community service on them. bers. A proud but sad point of history was many local, state and national issues. We cannot let that happen. made when in 1917, Francis McCauley be- Locally, Ron has been a philanthropic force While the U.S. economy is booming, farm- came the first Bay County and Council 414 in North Central Massachusetts, supporting ers face a real crisisÐno matter how hard member casualty in France during World War the Thayer Symphony Orchestra, they work. I. HealthAlliance, Inc., the Fitchburg Art Mu- In the past, we in the Congress have had a Over the years, Council 414 has grown in seum, and local educational institutions includ- tendency to get government more involved in members and has moved through several fa- ing the Applewild School, Fitchburg State Col- the midst of a farm crisis. cilities that have served its diverse needs. At lege and Mount Wachusett Community Col- But this billÐthe Family Farm Protection the same time, it has held true to the main lege. Ron has been the recipient of the Distin- ActÐrecognizes that government is often a E664 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 part of the problem, rather than a part of the and the final product was devastatingly dead- fire to Americans could be even more severe. solution. ly. Besides fighting fires, our volunteer firemen We have 22 original co-sponsors of this leg- Mr. Speaker, the legislation I introduced are involved in fire prevention and safety as islation, each of whom I'd like to thank for their todayÐH.R. 1428, The David Chetcuti Firearm well a providing first aide and rescue support help and support in this growing effort to offer Modification ActÐwould close the existing in the event of major disasters. The protection real relief to our farm families. loophole which permits felons like Marvin Sul- the men and women of Uniontown Hose have This proposal helps protect our family farm- livan to have access to components which furnished to the community of Hastings-on- ers today and is an important first step in a they can use to assemble these weapons. Hudson over their many years of service is broader movement to maintain America's tra- This is a simple proposal and does not require worthy of commendation, for its is their de- dition of ``agri-culture''Ða way of life and a set more enforcement effort than what currently voted work that helps make our neighbor- of values that built the America we live in exists. Quite simply, this legislation would ex- hoods safer and more secure. today. tend the provisions of existing gun control leg- Mr. Speaker, I invite my colleagues to join I ask my colleagues to join me in this move- islation to those components which criminals, me in congratulating the Uniontown Hose Fire ment and to support the Family Farm Protec- like Mr. Sullivan, can and do use to make as- Co. on its 100th anniversary and extending tion Act. sault weapons. our best wishes to its officers and members f The adoption of this legislation would pro- for another 100 years of service. hibit the sale to convicted felons of large ca- f PERSONAL EXPLANATION pacity ammunition clips or other firearm com- ponents which make it possible for them to TRIBUTE TO ROSLYN G. MORRIS HON. DANNY K. DAVIS maim and kill. This legislation would also re- OF ILLINOIS quire that the purchase of these components HON. ANNA G. ESHOO IN THE HOUSE OF REPRESENTATIVES be carried out in person. Today there are lit- OF CALIFORNIA erally hundreds of mail order operations and IN THE HOUSE OF REPRESENTATIVES Thursday, April 15, 1999 Internet sites which offer items such as mili- Thursday, April 15, 1999 Mr. DAVIS. Mr. Speaker, I was unavoidably tary issue ammo clips, silencer-fitting threaded Ms. ESHOO. Mr. Speaker, I rise today to detained in the district and as a result missed barrels, and pistol grips capable of turning a rollcall votes 78±85. If I had been present, I honor Roslyn G. Morris, an extraordinary hunting rifle into an automatic killing machine. woman and my constituent of Atherton, CA, would have voted ``aye'' on rollcall 78; ``aye'' Mr. Speaker, the availability of these com- on rollcall 79; ``aye'' on rollcall 80; ``aye'' on who will be presented the Leading Citizens ponents is a public safety threat, already trag- Award by the Boys & Girls Club of the Penin- rollcall 81; ``aye'' on rollcall 82; ``aye'' on roll- ically felt by the Chetcuti family and by the law call 83; ``nay'' on rollcall 84; and ``nay'' on roll- sula on Wednesday, April 21, 1999. enforcement community in my congressional Roslyn Morris has a distinguished volunteer call 85. district. For the safety of our outgunned law resume. Described by friends as ``quietly lov- f enforcement officers and for the well-being of ing and giving'', Roslyn Morris is often found our communities, I urge my colleagues in the THE DAVID CHETCUTI FIREARMS behind the scenes working diligently on Congress to join me in working for the pas- MODIFICATION ACT—H.R. 1428 causes important to her. Initially on the Board sage of this legislation. of the Florence Crittendon Home, she was a Mr. Speaker, much has been said to honor HON. TOM LANTOS founding member of the Peninsula Children's the dedicated men and women who daily put Charter Auxiliary. Her deep commitment to OF CALIFORNIA their safety and their lives on the line to pro- Peninsula Volunteers (PV) led her to serve as IN THE HOUSE OF REPRESENTATIVES vide the citizens of our country with the secu- President of the Board of Directors in 1980. In Thursday, April 15, 1999 rity, safety, and peace essential for the main- 1995, the newly renovated PV Senior Center tenance of our civil society. These men and Mr. LANTOS. Mr. Speaker, I rise today to Little House was named in her honor. women of our law enforcement community are Roslyn Morris is actively involved with the inform my colleagues about legislation that I the ``thin blue line'' which stands between the am introducing in the House to honor the Museum of Modern Art in San Francisco. She decent and law-abiding citizens of this nation recently assisted with the opening of the new memory of a brave police officer who was and the abyss of lawlessness, chaos, and an- killed in my congressional district less than a Iris & Gerald Cantor Center for the Visual Arts archy. Our law enforcement professionals de- at Stanford University. year ago, Officer David Chetcuti. Officer serve the support and protection which this Chetcuti was a devoted husband and a loving Roslyn and her husband of almost 50 years, legislation will provide. Mervin, also being honored by the Boys & father to his three sons. He was also a deco- f rated 11-year veteran of the Millbrae police Girls Club, have 4 loving children and 12 department. On April 25 of last year, after re- 100th ANNIVERSARY OF beautiful grandchildren. sponding to a routine call from an officer in a UNIONTOWN HOSE FIRE CO. NO. 2 Very importantly, Mr. Speaker, Roslyn Mor- neighboring jurisdiction, Officer Chetcuti was OF HASTINGS-ON-HUDSON, NY ris' example of excellence has inspired others shot and killed by Marvin Sullivan, a convicted to provide opportunities for achievement, es- felon. pecially for the young and particularly, for HON. BENJAMIN A. GILMAN those who come from disadvantaged cir- Mr. Speaker, the weapon which Sullivan OF NEW YORK used to kill David Chetcuti was an assault rifle, cumstances. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Roslyn Morris is a woman of a class of firearm that many of us thought we outstanding character and I salute her for her had succeeded in removing from our Nation's Thursday, April 15, 1999 remarkable contributions to our country and streets. Marvin Sullivan, who was not legally Mr. GILMAN. Mr. Speaker, on April 18, our community. I ask my colleagues to join me able to purchase the kind of firearm he used 1999, the Uniontown Hose Fire Company No. in honoring her as she is being named a to kill Officer Chetcuti, assembled his weapon 2 in Hastings-on-Hudson will celebrate its Leading Citizen by the Boys & Girls Club of from a series of gun components which he 100th anniversary. the Peninsula. No one deserves this more. was able to purchase without any of the re- Originally incorporated on August 19, 1899, f strictions which are imposed by law on the by 30 charter members, the company has purchase of assault weapons. faithfully served the Hastings community by ALAMANCE COUNTY, N.C.’s Through mail order catalogues, over the protecting the lives and property of their neigh- SESQUICENTENNIAL CELEBRATION Internet, and at gun shopsÐwithout any of the bors for nearly a full century. restrictions on the purchase of fully assembled Fire departments are one of our most vital HON. RICHARD BURR firearmsÐSullivan was able to purchase the organizations protecting the safety of a com- OF NORTH CAROLINA components that he used to make his illegal munity and its citizens. Each year, throughout IN THE HOUSE OF REPRESENTATIVES weapon. That gun was created for the sole our Nation, fire kills over 6,000 people, injures purpose of killing another human being. The about 28,000 people, and destroys more than Thursday, April 15, 1999 weapon he built defied and circumvented all 7 billion dollars' worth of property. Without the Mr. BURR of North Carolina. Mr. Speaker, I the firearm safeguards for which we have services that institutions such as the rise today to honor and congratulate fought long and hard. The components were Uniontown Hose Fire Co. provide, these num- Alamance County, North Carolina for its up- easy to procure, the assembly was simple, bers would be even higher and the threat of coming 150th Anniversary. Alamance County's CONGRESSIONAL RECORD — Extensions of Remarks E665 charter was granted on April 24, 1849, but its The presence of the railroad was also a from one generation to the next. Two years rich history goes back much farther. The area blessing to the county's emerging textile in- ago, we took meaningful steps to reduce the was first an important crossroads on the well- dustry. Within a short period, many new mills burden of death taxes on family farms and known Indian Trading Path which connected opened, including Alamance County's most small businesses in the Taxpayer Relief Act of villages in eastern Virginia, South Carolina, successful textile operationÐthe Alamance 1997. The next step is to completely eliminate and eastern North Carolina. This path became Cotton Mill. Established by Edwin Michael Holt it and free families from this burden forever. an important avenue for trade and migration in on the site of his father's grist mill on the new colony, and it helped bring Alamance Alamance Creek, Alamance Cotton Mill con- f County's first European settlersÐEnglish and tributed greatly to the prominence of the Irish Quakers, Scotch-Irish Presbyterians, and southern textile industry when it became the AMERICAN SOCIETY OF German Lutherans. Most of these settlers trav- first mill south of the Potomac River to TRANSPLANTATION eled many miles from Pennsylvania and north- produce commercially dyed cotton plaidsÐ ern Virginia to make Alamance County their known as Alamance plaids. The success of home, and their legacy lives on today. The the mill enabled the Holt family's business to HON. ROBERT E. ANDREWS Cane Creek Meeting, established in 1751, is grow and include 22 mills in Alamance County OF NEW JERSEY the oldest active Quaker meeting in North alone. Some of these mill holdings would later IN THE HOUSE OF REPRESENTATIVES Carolina, and Hawfields Presbyterian Church, be consolidated into the multinational corpora- established in 1755, is the oldest Presbyterian tion Burlington Industries. Today, the textile in- Thursday, April 15, 1999 Church in the county. dustry continues to be a major source of the A desire for freedom has always been deep- Mr. ANDREWS. Mr. Speaker, as we ap- county's economic growth and stability. proach National Organ and Tissue Donor ly ingrained in the people of Alamance Coun- Mr. Speaker, after 150 years, Alamance ty. As a result of their frustration with land ten- Awareness Week, April 18±24, I rise today to County exemplifies the best attributes of a ure problems, inequitable taxation, and inad- recognize the American Society of Transplan- rural county. Its people have worked hard to equate representation in the colonial General tation, an organization comprised of 1,400 develop its economy and communityÐall while Assembly, many of the county's residents transplant physicians, surgeons, and scientists preserving its heritage and culture. It is a joined the Regulator MovementÐestablished actively engaged in the research and practice friendly place where people still stroll the side- to protest corrupt and inefficient county courts. of transplantation medicine and walks in the evening and greet friends and The hostilities between the Regulators and the immunobiology and represents the majority of strangers with a smile. I am proud to have colonial government escalated into general in- professionals in the field of transplantation in surrection and climaxed when Royal Governor Alamance County in my district, and I wish the United States. AST members play a crit- William Tryon quelled the uprising by mus- them success and happiness for the next 150 ical role in the management of transplant pa- tering a 1,000-man militia and defeating the years. tients from the onset of end-stage disease to Regulators on May 16, 1771 in the Battle of f post-transplantation are involved in basic re- search that translates from ``bench to bed- Alamance. While the county's loyalties were THE DEATH TAX ELIMINATION side,'' improving the care of transplant pa- split early in the American Revolution, ACT Alamance County played a key role in Amer- tients. ica's independence. General John Butler, a The 1999 National Donor Recognition Cere- Swepsonville resident and one of our country's HON. MAX SANDLIN mony, sponsored by the Health Resources most distinguished Revolutionary War soldiers, OF TEXAS and Services Administration (HRSA), will kick- led patriot troops in the battle of Moore's IN THE HOUSE OF REPRESENTATIVES off the week's activities that will be promoting Creek Bridge and was later elected Brigadier Thursday, April 15, 1999 organ and tissue donation and celebrating do- General of the Hillsborough District. Moreover, nors. AST's President, John F. Neylan, MD Pyle's Massacre, a major American victory, Mr. SANDLIN. Mr. Speaker, I rise today to introduce legislation that will improve the pros- will be a speaker at this event along with U.S. occurred in Alamance County four miles west Surgeon General, David Satcher, MD, PhD. of the town of Graham. pects of every family-owned and operated farm, ranch, and business in America. These Similar events will be taking place around the Before Alamance County's charter was country next week. Organ procurement agen- granted in 1849, the area was part of Orange small family farms and businesses are the backbone of the Texas economy, and the es- cies, transplant centers and transplant-related County. Residents of the section of Orange organizations across the nation will sponsor County west of the Eno River, however, felt tate tax, often called the death tax, threatens their continued existence. It is time to end this activities with a donation theme ranging from removed from the county seat of Hillsborough, health fairs to sporting events. Donor memo- and in January, 1849, one of Orange County's taxÐand my bill does just that. The U.S. Department of Agriculture esti- rial services and transplant recipient reunions Representatives in the General Assembly in- will take place to celebrate and recognize troduced legislation creating Alamance Coun- mates that farmers' and ranchers' estates are six times more likely to face estate taxes than those individuals who have given the ultimate ty. Separate legislation introduced at the same gift . . . ``the Gift of Life.'' time established Graham (named after Gov- others' estates. In my travels around the 19 As a strong supporter of medical research, ernor William A. Graham) as the Alamance counties of the First Congressional District, County Seat. On April 19, 1849, the residents evidence of the accuracy of this estimation I commend the AST, headquartered in my dis- of Orange County approved the creation of pours forth. At nearly every stop I make, I trict, for their dedication and commitment to Alamance County by a narrow margin, and hear horror stories from family members who research, education, advocacy and patient five days later, on April 24, 1849, Alamance were forced to sell all or part of the family care in transplantation science and medicine. County's Charter was grantedÐthe event we farm just to pay estate taxes. These dedicated physicians are integral mem- will celebrate next Saturday. The death tax represents one percent of the bers of the ``transplant team'' and in many Since its establishment, Alamance County Federal tax revenues. However, the impact to cases, are the directors of their transplant pro- has had a strong and growing economy. In the taxpayers is far from insignificant. Not only gram. 1856, the North Carolina Railroad was com- does this punitive tax cause financial problems Through the work of AST, the transfer of in- pleted. Running from Goldsboro to Charlotte, for families who are forced to sell property that formation to the transplant clinics from basic the railroad spurred great economic growth in has been in the family for generations or busi- science laboratories will lead to new scientific the county. Because of the efforts of Benjamin nesses built over a lifetime, but also local advances and improvements in patient care. Trollinger and Edwin M. Holt (local mill owners economies feel the impact as jobs disappear Next month, AST will be holding their 18th An- and members of the railroad's board of direc- and businesses close. Clearly, the social and nual Scientific Meeting which will attract an tors), the North Carolina Railroad was run economic costs of the estate tax far outweigh international attendance to the city of Chicago through the middle of Alamance County, and the revenue it provides for the federal govern- and will feature the cutting edge science that the railroad's repair and maintenance shops ment. is opening new frontiers in transplantation were located near Graham at Company The time has come to end this ill conceived medicine and immunobiology. AST members Shops. In 1887, Company Shops' name was tax. The tax that was originally intended to assist in providing the ``Gift of Life'' and I com- changed to Burlington which is now the coun- break up huge family estates now inhibits the mend them for their contributions to our soci- ty's largest municipality. passage of 70 percent of family businesses ety's health care. E666 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 THE CARING FOR AMERICA’S other technological equipment which enable Mayor Kendall has brought his successful CHILDREN ACT them to participate in the child care training business experience to the benefits of Oak- provided on the national infrastructure; and land, stabilizing taxes, reducing municipal HON. BENJAMIN A. GILMAN ninth, requiring that all Federal child care cen- staff, directing improvement projects, pre- OF NEW YORK ters will have to meet all State and local li- serving open spaces and spearheading the IN THE HOUSE OF REPRESENTATIVES censing and other regulatory requirements re- building of the Oakland Senior Citizens Cen- lated to the provision of child care, within 6 ter. He is the chairman of the 300 anniversary Thursday, April 15, 1999 months of the passage of this legislation. celebration, initiated the ``First Night Oakland'' Mr. GILMAN. Mr. Speaker, today I am intro- I want to urge all of my colleagues to review event and many others. Whether he is playing ducing the Caring for America`s Children Act, this bill and to consponsor this important bill. in a softball game to raise money for a sick in an effort to effectively stimulate the demand Our children are our future and we must insist child, working with students at Valley Middle for higher quality care for our Nation`s children that they receive the best care possible, espe- School or playing Santa Claus, he is always while stimulatenously removing barriers and cially during their early development years. there to help. In every way, Mayor Kendall has providing resources to improve the quality of Accordingly, I urge your support. brought the people of Oakland together as a child care in the United States. f community and family. Child care continues to be a worry for most Mayor Kendall and I have worked together families as stories continue to surface about CONGRATULATING PETER AND on many local projects over the years and he the lack of quality child care. Moreover, re- FRANCES KENDALL has always provided me with sound advice search has clearly demonstrated that a high- and counsel, and authoritative information. quality child care program is one that makes HON. MARGE ROUKEMA The Kendalls have lived in Oakland 22 the healthy development and education of chil- OF NEW JERSEY years and have three sonsÐJohn, Mark and dren its first objective and strives to stimulate IN THE HOUSE OF REPRESENTATIVES Sean. John and his wife, Carla, have two the learning process of all children through de- sons, Christopher and Peter, while Mark and velopmentally appropriate activities that foster Thursday, April 15, 1999 his wife, Rose, have three children, Biancia, social, emotional, and intellectual growth. In Mrs. ROUKEMA. Mr. Speaker, I rise to con- Dalton and Madisyn. addition, families in today`s society are in- gratulate J. Peter Kendall, mayor of Oakland, Peter and Fran Kendall are hard-working, creasingly required to have both parents enter New Jersey, and his wife, ``Fran,'' on being dedicated public servants. Their efforts to im- the work force. Accordingly, the demand for chosen as the recipients of the 1999 West prove the quality of life in their community are quality child care is increasing as is the need Bergen Mental Healthcare's Distinguished exemplary. Their dedication and generosity for credentialed and accredited child care pro- Service Award. Mayor and Mrs. Kendall have are known throughout Northern New Jersey. viders. given many years of exemplary public service They are true friends to all the people all the Accordingly, this act will stimulate the de- to their community, both in the field of mental time. mand for higher quality child care for our Na- health and otherwise. This honor is certainly f tion's children while simultaneously removing well deserved, and today I wish to add the RECOGNITION OF CATHEDRAL barriers and providing resources to improve recognition of the United States House of HIGH SCHOOL BOYS VARSITY the quality of child care in the United States. Representatives to that which they have re- FOOTBALL AND GIRLS VARSITY Many of my colleagues may have read ceived from West Bergen Mental Healthcare. SOCCER about the tragic circumstances surrounding Over the years, the Kendalls have been the Fiedelhotz family in Florida. The strong advocates of affordable mental health Fiedelhotz` son Jeremy died after only 2 hours services for families in their community. To- HON. RICHARD E. NEAL at a day care facility. Though this tragedy gether, they have been actively involved with OF MASSACHUSETTS should have never happened, it is an unfortu- West Bergen Mental Healthcare in numerous IN THE HOUSE OF REPRESENTATIVES nate example of what can and may continue ways, contributing generously of their time and Thursday, April 15, 1999 to happen unless we encourage and inform all talents. Mr. NEAL of Massachusetts. Mr. Speaker, I parents about the need for accredited and Mrs. Kendall has adopted ``doing for others'' would like to take this opportunity to recognize credentialed child care providers and facilities. as a personal philosophy. She divides her the accomplishments of the Boys Varsity Foot- Caring for America's Children Act through time between community service, her family ball team and the Girls Varsity Soccer team of the Tax Code will encourage the demand for and neighbors, a great talent for art and a Cathedral High School in Springfield, Massa- accredited or credentialed child care. This will never-ending interest in politics, people and chusetts. Their two teams demonstrated su- be accomplished in the following manner: participation. In 1994, her commitment to Oak- perb athletic excellence and great character in First, by increasing the amount which an em- land was recognized when she was chosen as the fall season of 1998. Their exploits bring ployee can contribute to a dependent care as- the Oakland Women's Club as Woman of the pride and joy to the City of Springfield and the sistance plan if a child is in accredited or Year. Fran has truly been a close, supportive many alumni of Cathedral High School. Their credentialed child care; second, changing the friend to the community and all who know her. accomplishments deserve our recognition. dependent care tax credit to allow parents to An awarding-winning artist, Mrs. Kendall has The Cathedral High School Football team receive a higher and more equitable depend- been honored at numerous art shows, includ- has a long and proud tradition. Undefeated ent day care credit; third providing tax benefits ing the CAA Interstate Show, the CAA Na- seasons can be traced back to the 1930's. for employees which provide quality child care; tional Juried Art Show, the Urban Farms Art The Cathedral Football legacy includes the fourth, extending eligibility for businesses to Show, the Mid-Atlantic Juried Art Show and first Notre Dame player to win the Heisman take a qualified charitable deduction for the many others. Her work ``displays a highly indi- Trophy, Angelo Bertelli. Mr. Bertelli was a donation of educational equipment and mate- vidualized sense of color'' and has been fea- member of Cathedral's 1939 undefeated rials to public schools, accredited or tured in galleries throughout the area as well squad. Another legendary graduate is Nick credentialed nonprofit child care providers; as in numerous corporate shows and private Buoniconti, a co-captain at Notre Dame and fifth, establishing a $260 million competitive homes in the United States and abroad. Mrs. member of the back-to-back Super Bowl grant program to assist States in improving Kendall is actively involved in community ac- Champion Miami Dolphins of 1973-74. Mr. the quality of child care; sixth, expanding pub- tivities including Oakland's 300th anniversary, Buoniconti was a member of the 1955 lic information and technical assistance serv- ``First Night Oakland,'' and the Bergen County undefeated Cathedral Panthers. ices to identify and disseminate to the public Women's Republican Club among others. The Cathedral Football team of 1998 what is important for child development in When the New Jersey Conference of May- capped an 11-0 season with the Western-Cen- child care; seventh, providing $50 million to ors chose Mayor Kendall as the 1998 Mayor tral Massachusetts Super Bowl Championship. create and operate a technology-based train- of the Year, they acknowledged a treasure Third year Head Coach Matt Ballard, and As- ing infrastructure to enable child care pro- long recognized by the people of Oakland. sistants Tom Sheehan, Stefan Davis, and viders nationwide to receive the training, edu- Currently serving his second four-year term as Greg Gebo, led a senior-laden squad back to cation, and support they need to improve the mayor and in this 14th year of elected office the heights first reached by the likes of Bertelli quality of child care; eighth, creating a child in Oakland, Mayor Kendall is a dedicated pub- and Buoniconti. Although the 1998 team was care training revolving fund to enable child lic servant. Whether it is in the political, social, led by upperclassmen, Coach Ballard is look- care providers and child care support entities economic or family arena, no task is too great ing forward to the return of 27 of his Cham- to purchase computers, satellite dishes, and or too small. pions next year. CONGRESSIONAL RECORD — Extensions of Remarks E667 The members of the 1998 Super Bowl curity number unless they have written con- ing agency may not furnish a consumer report Champion Cathedral High School Football sent to do so. except for specified purposes. The new sen- team are: Seniors: Michael Buoniconti, Tim- A merchant who requires a Social Security tence that § 2 would add to the definition of othy Dean, Phillip Gervais, Bartholomew number on a check used for a purchase or a ``consumer report'' provides: ``The term also ``B.J.'' Lawlor, Anthony Luvera, Christian cable company who demands a Social Secu- includes any other identifying information of McCollum, Christopher McDonald, Timothy rity number on an application for service will the consumer, except the name, address, and McDaid, William Ostiguy, Bryan Picard, Mi- be prohibited from such practices or be telephone number of the consumer if listed in chael Rivard, Jeffrey Santiago, Samuel Scott, charged with an unfair and deceptive business a residential telephone directory available in Justin Simmions, Shawn Torres, and William violation. the locality of the consumer.'' If this new sen- Torres; Juniors: Vincente Buoniconti, Brett Further, this bill prohibits any state depart- tence becomes law, then consumer reporting Cook, Sean Cox, Richard Cummings, Daniel ment of motor vehicles from selling drivers' agencies would be prohibited from disclosing Keyes, Jonathon Koldys, Derick Lamoureux, photographs and drivers lists containing Social such identifying information except for a pur- Taren Latta, Michael Martin, Brendan McDon- Security numbers. In addition, marketers will pose specified in § 604. ald, John Piascik, and Matthew Yvon; Sopho- not be able to sell consumers' purchasing ex- SECTION 3. PROTECTING PRIVACY BY PROHIBITING USE mores: George Bahlke, Michael Britt, Joseph periences or credit transactions without prior OF THE SOCIAL SECURITY NUMBER FOR COMMERCIAL Camerota, Shaun Carpenter, Michael approval. PURPOSES WITHOUT CONSENT This section would add a new section to the Christman, Benjamin Dagenais, Matthew This bill also provides for civil and criminal general administrative provisions of Title 11 of Gendron, Brandon Jones, Joseph Luvera, penalties for violations. The criminal penalties the Social Security Act, 42 U.S.C. §§ 1301 et Timothy Manning, Jonathon Miller, Michael are now possible because of action taken in seq., prohibiting persons from buying or selling Ojunga, Devon Robinson, Steven Snow, and the 105th Congress. Last year, Congress passed the Identity Theft and Assumption De- any information that includes an individual's Liam Walsh. social security account number (``SSN''), with- The accomplishments of the Cathedral High terrence Act, which, for the first time, criminal- izes identity theft. Finally, victims of identity out the written consent of the individual. In ad- School Girls Soccer team are no less impres- dition, no person may use an individual's SSN sive. For the third straight year, the team was theft have a means to prosecute those who assume their identities and ruin their credit for identification purposes without the written led by Head Coach Larry Kelly and Assistant consent of the individual. In order for consent Coach Laura Wray. Over these three years, histories. While I am pleased that this legisla- tion, which I cosponsored, was signed into law to be valid, the person desiring to use an indi- the Panthers have amassed a record of 49-4- vidual's SSN must inform the individual of all by President Clinton, I feel that further action 7 and three straight Western Massachusetts the purposes for which the SSN will be uti- is needed. We must pass legislation to pre- Championships. lized, the persons to whom the number will be vent these crimes from occurring. The 1998 team finished the season 21-2, known, and obtain the individual's consent in This legislation is necessary because any- ranker #12 in the nation, and became Massa- writing. chusetts State Co-Champions with the #1 one's personal information is easily acces- These new prohibitions would not affect any team in the nation, Winchester High School. sible, be it through the presentation of false statutorily authorized uses of the SSN under The Panthers scored 115 goals, while letting identification or through the internet. The infor- § 205(c)(2) of the Social Security Act, 42 in only 10. The girls were named a High mation can be as innocuous as a name, ad- U.S.C. § 405(c)(2) (SSN used for Social Secu- School Academic All-America Team and Sen- dress, and phone number or as intrusive as a rity wage records, and for various enumerated ior Mary McVeigh was named All-America, detailed summary of personal finances, includ- purposes by federal agencies and state and and Gatorade Player of the Year for Massa- ing bank account balances and investment local governments), § 7(a)(2) of the Privacy chusetts. Although the 1998 squad was led by portfolios. Act of 1974 (5 U.S.C. 552a note) (authorizing an extremely skillful group of seniors, Coach One of the main reasons information is so state and local governments to require disclo- Kelly expects his tenacious underclasswomen accessible is that a person's Social Security sure of an individual's SSN if required by fed- to be ready for the challenges of 1999. number has become a personal identifier. eral law or if the required disclosure was pur- The members of the 1998 Massachusetts Many private entities, from doctors to univer- suant to a system of records in effect prior to State Co-Champion Cathedral Girls Soccer sities, now follow the example of the federal January 1, 1975), or 26 U.S.C. § 6109(d) (an team are: Seniors: Kathryn Crisostomo, government by using the SSN as an identifier. individual's SSN is used for all identifying pur- Lauren Downey, Casey Fitzgerald, Alison, Recently, the Government Accounting Office poses specified in the Tax Code). LaMontagne, Christine LaValley, Cindy Lilly, completed a report that states ``No single fed- Individuals are authorized to bring a civil ac- Mary McVeigh, Melanie Mucha, Maura Neal, eral law regulates the overall uses of SSNs.'' tion seeking equitable relief and damages in a and Melissa Rowe; Juniors: Jamie Athas, It further notes that ``Businesses and govern- U.S. District Court for violations of this section. Carissa Caulfield, Cathrine Kirwan-Avila, Katie ments are not limited to using SSNs for pur- Damages may include the greater of actual Leydon, Kelly Quinn, Kady Robbins, Vanessa poses required by federal law.'' Consequently, damages or liquidated damages of $25,000, Saundars, Annie Tudryn; Sophomores: Jes- requiring a person's SSN, the key to a wealth or, in case of a willful violation resulting in sica Bain, Kara Downey, Cristin Goodwin, of personal information, as a condition of profit or monetary gain, $50,000. The court Michelle Jette, Toni Pantuosco, Nicole Scibelli, doing business is now common practice. may assess, against the respondent, reason- Crystal Stanton, and Jenn Woytowicz; and first Mr. Speaker, this legislation is designed to able attorney's fees and other litigation costs year student Shannon Donnelly. curtail the rampant invasion of our privacy. in cases where an individual prevails. A stat- f What we buy and where we buy it is no one's ute of limitation of 3 years is provided. The business but our own. And, the unauthorized remedies provided by this section are in addi- INTRODUCTION OF THE PERSONAL use and abuse of our Social Security number tion to any other lawful remedies available to INFORMATION PRIVACY ACT must stop. I urge all of my colleagues to co- an individual. sponsor and support this legislation. The Commissioner of Social Security is au- HON. GERALD D. KLECZKA SECTION 1. SHORT TITLE thorized to assess a civil money penalty of not OF WISCONSIN The title of this Act is the ``Personal Informa- more than $25,000 for each violation of this IN THE HOUSE OF REPRESENTATIVES tion Privacy Act of 1999.'' section, or in the case of violations found to SECTION 2. CONFIDENTIAL TREATMENT OF CREDIT constitute a general business practice, not Thursday, April 15, 1999 HEADER INFORMATION more than $500,000. The enforcement proce- Mr. KLECZKA. Mr. Speaker, information on Section 2 would add a sentence to § 603(d) dures for civil money penalties are the same the most personal aspects of our lives con- of the Fair Credit Reporting Act (FCRA), 15 as set forth in section 1128A of the Social Se- tinues to be spread across the landscape. U.S.C. § 1681a(d), which defines the term curity Act, 42 U.S.C. § 1320a±7a(d), (e), (g), Once taken for granted, our wall of privacy is ``consumer report'' for purposes of the FCRA. (k), (l) and the first sentence of (c). These set crumbling. The team currently means, essentially, any forth the criteria for determining the amount of Today, I am re-introducing the Personal In- communication of information by a consumer the civil penalty, the investigation and injunc- formation Privacy Act. This legislation attempts reporting agency about a consumer that is tion authority of the Commissioner, and courts to restore some control over the use of our used or expected to be used as a factor in es- of appeals review of civil money penalty deter- personal information. The bill prevents credit tablishing the consumer's eligibility for credit, minations. Also applicable are the provisions bureaus from giving out Social Security num- insurance, employment, or for any other legiti- of section 205(d) and (e) of the Social Security bers and prohibits the sale or purchase of any mate business purpose. Under § 604 of the Act, 42 U.S.C. § 405(d) and (e), which author- information that includes anyone's Social Se- FCRA, 15 U.S.C. § 1681b, a consumer report- ize the Commissioner of Social Security to E668 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 issue subpoenas during investigations, and without having received an application for son doing business with a consumer. . . .'' provide for judicial enforcement of such sub- credit or insurance from a particular consumer. Section 626(c) would allow six exceptions, poenas. The user might submit a list of names and ask where a consumer's consent would not be re- The Commissioner of Social Security is di- the agency to identify persons on he list who quired for the provision of transaction or expe- rected to coordinate enforcement of the provi- meet criteria that the user specifies. Or it rience information: (1) communications ``solely sions of this section with the Justice Depart- might ask the consumer reporting agency to among persons related by common ownership ment's enforcement of criminal provisions re- create its own list based on the user's criteria. or affiliated by corporate control,'' (2) informa- lating to fraudulent identification documents, Section 604(c) currently prohibits tion provided pursuant to court order or federal and with the Federal Trade Commission's ju- prescreening, except in two situations, to de- grand jury subpoena, (3) ``[i]nformation pro- risdiction relating to identity theft violations. termine a consumer's eligibility for credit or in- vided in connection with the licensing or reg- The provisions of this section do not pre- surance. It prohibits, in other words, except in istration by a government agency or depart- clude state laws relating to protection of pri- two situations, a consumer reporting agency ment, or any transfer of such license or reg- vacy that are consistent with this section. The from furnishing a report on a consumer who istration, of any personal property bought, effective date of this section would be two has not applied for credit or insurance. sold, or transferred by the consumer,'' (4) years after enactment of this bill. The two situations in which it permits ``[i]nformation required to be provided in con- If a person refuses to do business with an prescreening are when: (1) the consumer au- nection with any transaction in real estate,'' (5) individual because the individual will not con- thorizes the consumer reporting agency to ``[i]nformation required to be provided in con- sent to disclosure of this or her SSN, then provide the report, or (2) the lender or insurer nection with perfecting a security interest in such refusal will be considered an unfair or will make a firm offer to the consumer if deceptive act of practice under section 5 of prescreening shows the consumer eligible for personal property,'' and (6) ``[i]nformation relat- the Federal Trade Commission Act (15 U.S.C. credit or insurance, and the consumer has not ing to the amount of any transaction or any § 45). The Commission may issue a cease previously asked to be excluded from credit extended in connection with a trans- and desist order, violation of which is subject prescreening done by the consumer reporting action with a consumer.'' to civil money penalties of up to $10,000 per agency. Section 6(a) would, in effect, prohibit Section 7(b) would make a technical violation. presceening in connection with credit and in- amendment to § 603(d)(2)(A) of the FCRA to SECTION 4. RESTRICTION ON USE OF SOCIAL SECURITY surance except when authorized by the con- ensure that it does not conflict with new § 626, NUMBERS BY STATE DEPARTMENTS OF MOTOR VEHICLES sumer. It would amend § 604(c)(1) to provide and § 7(c) would make a clerical amendment 18 U.S.C. § 2721(b) sets forth permissible that a consumer reporting agency would be to add a reference to new § 626 to the table uses of personal information obtained by a permitted to furnish a consumer report in con- of sections for the FCRA. state department of motor vehicles. This sec- nection with a ``credit or insurance transaction tion provides that, with respect to the SSN of that is not initiated by consumer only if the f an individual, such personal information may consumer provides express written authoriza- only be disclosed to a government agency, tion in accordance with paragraph (2). . . .'' IN RECOGNITION OF THE CANTON court or law enforcement agency in carrying ``Paragraph (2)'' refers to § 604(c)(2) of the HIGH SCHOOL MARCHING BAND’S out its functions to the extent permitted or re- FCRA, which would be rewritten by § 6(b) of INTERNATIONAL COMPETITION quired under section 205(c)(2) of the Social the bill. CHAMPIONSHIP IN DUBLIN, IRE- Security Act, 42 U.S.C. § 405(c)(2), section Section 6(b) would rewrite § 604(c)(2) to LAND 7a(2) of the Privacy Act of 2974, 5 U.S.C. provide: ``No authorization referred to in para- § 552a note, section 6109(d) of the Internal graph (1) [§ 604(c)(1)] with respect to any con- Revenue Code, or any other provision of law sumer shall be effective unless the consumer HON. RALPH M. HALL specifically identifying such use. This section received a notice before such authorization is would also prohibit the disclosure of SSNs by provided which fully and fairly discloses, in ac- OF TEXAS state departments of motor vehicles for bulk cordance with regulations which the Federal IN THE HOUSE OF REPRESENTATIVES distributions for surveys, marketing or solicita- Trade Commission and the Board of Gov- tions purposes. ernors of the Federal Reserve System shall Thursday, April 15, 1999 SECTION 5. RESTRICTION ON USE OF PHOTOGRAPHS BY jointly prescribe, what specifically is being au- Mr. HALL of Texas. Mr. Speaker, I rise STATE DEPARTMENTS OF MOTOR VEHICLES thorized by the consumer and the potential today to acknowledge and honor the latest positive and negative effects the provision of Section 5(a) would add a new subsection to achievement of a wonderful group of young 18 U.S.C. § 2721, which currently generally such authorization will have on the consumer.'' men and women from my districtÐthe Canton, prohibits the release of certain personal infor- The regulations would have to require that the Texas, Mighty Eagle High School Band. Just mation from state motor vehicle records. This notice be prominently displayed on a separate last month, on St. Patrick's Day, I came before new subsection would prohibit the release of document or, if the notice appears on a docu- the House to honor the numerous awards and an individual's photograph, in any form or for- ment with other information, that it be clear recognitions that have been bestowed upon mat, by a state department of motor vehicles and conspicuous. without the express written consent of the indi- Section 6(c) would repeal the provision, these youngsters. In addition, I wanted to pub- vidual. An exception would be permitted for mentioned above, that allows consumers to licly acknowledge them for being chosen to disclosure of an individual's photograph to a exclude themselves from prescreening lists. represent the State of Texas in Dublin, Ire- law enforcement agency of any government The provision would be unnecessary if land, on St. Patrick's Day, for that city's St. for a civil or criminal law enforcement activity prescreening were prohibited except when a Patrick's Day Parade. if authorized by law and pursuant to a written consumer had authorized it. Mr. Speaker, not only did the Canton High request. SECTION 7. SALE OR TRANSFER OF TRANSACTION OR School Band go to Dublin, Ireland to perform, Section 5(b) would make technical amend- EXPERIENCE INFORMATION PROHIBITED but they won the international competition by ments to 18 U.S.C. § 2721(a) and (b) to con- Section 7(a) would add a new § 626 to the winning the event's top prize. The Eagle Band form that section to the new provisions added FCRA. New § 626(a) would provide: ``No per- ``wowed'' the five member international judging by this section. It would also amend 18 U.S.C. son doing business with a consumer may sell, panel with its rendition of ``Festive Overture'' § 2722(a) to reference the new subsection (e) transfer, or otherwise provide to any other per- by Demitri Shostakovich. For its winning per- added by this section. son, for the purpose of marketing such infor- formance, the Eagle Band was recognized by SECTION 6. REPEAL OF CERTAIN PROVISIONS RELATING mation to any other person, any transaction or Dublin Lord Mayor, Joe Doyle, with the parade TO THE CONSUMER REPORTS IN CONNECTION WITH experience information relating to the con- competition championship trophy. CERTAIN TRANSACTIONS NOT INITIATED BY THE CON- sumer, without the consumer's express written SUMER consent.'' A consumer's consent would not be Playing before crowds of people and am- Section 6(a) would amend § 604(c) of the required for the sale, transfer, or provision of bassadors from France, Russia, Argentina, Fair Credit Reporting Act (FCRA), 15 U.S.C. transaction or experience information for a England and Germany, the Canton Band § 1681b(c), which governs prescreening to de- purpose other than marketing. proudly represented their home town, the termine a consumer's eligibility for credit or in- New § 626(b) would define ``transaction or State of Texas and the United States. As we surance. Prescreening is a practice whereby a experience information'' as ``any information adjourn today, let us do so in honor of the user of consumer reports, such as a lender or identifying the content or subject of 1 or more Canton Mighty Eagle Band and their latest insurer, contacts a consumer reporting agency transactions between the consumer and a per- achievement. CONGRESSIONAL RECORD — Extensions of Remarks E669 NOBEL LAUREATE ELIE WIESEL Holbrooke, Excellencies, friends: Fifty-four by Him. Better an unjust God than an indif- TEACHES ABOUT THE TRAGEDY years ago to the day, a young Jewish boy ferent one. For us to be ignored by God was OF INDIFFERENCE from a small town in the Carpathian Moun- a harsher punishment than to be a victim of tains woke up, not far from Goethe’s beloved His anger; Man can live far from God—not Weimar, in a place of eternal infamy called outside God. God is wherever we are. Even in HON. TOM LANTOS Buchenwald. He was finally free, but there suffering? Even in suffering. OF CALIFORNIA was no joy in his heart. He thought there In a way, to be indifferent to that suffering IN THE HOUSE OF REPRESENTATIVES never would be again. is what makes the human being inhuman. In- Thursday, April 15, 1999 Liberated a day earlier by American sol- difference, after all, is more dangerous than diers, he remembers their rage at what they anger and hatred. Anger can at times be cre- Mr. LANTOS. Mr. Speaker, few Americans saw. And even if he lives to be a very old ative. One writes a great poem, a great sym- more epitomize the nobility of America's moral man, he will always be grateful to them for phony, have done something special for the strength than Dr. Elie Wiesel, the 1986 recipi- that rage, and also for their compassion. sake of humanity because one is angry at the ent of the Nobel Peace Prize and a survivor Though he did not understand their lan- injustice that one witnesses. But indifference of the Holocaust. Elie has devoted his life to guage, their eyes told him what he needed to is never creative. Even hatred at times may ensuring that the tragedy of his youth is never know—that they, too, would remember, and elicit a response. You fight it. You denounce bear witness. it. You disarm it. Indifference elicits no re- again repeated. His passionate and unyielding And now, I stand before you, Mr. Presi- sponse. Indifference is not a response. defense of human rights is a model to all of dent—Commander-in-Chief of the army that Indifference is not a beginning, it is an us. freed me, and tens of thousands of others— end. And, therefore, indifference is always Last Monday night, Elie Wiesel spoke at the and I am filled with a profound and abiding the friend of the enemy, for it benefits the White House at a Millennium Evening Forum gratitude to the American people. aggressor—never his victim, whose pain is including President and Mrs. Clinton and an Gratitude is a word that I cherish. Grati- magnified when he or she feels forgotten. audience of distinguished guests. His tude is what defines the humanity of the The political prisoner in his cell, the hungry speechÐ``The Perils of Indifference: Lessons human being. And I am grateful to you, Hil- children, the homeless refugees—not to re- lary—or Mrs. Clinton—for what you said, and Learned From A Violent Century''Ðeloquently spond to their plight, not to relieve their sol- for what you are doing for children in the itude by offering them a spark of hope is to describes the most lasting moral peril of the world, for the homeless, for the victims of in- exile them from human memory. And in de- Holocaust nightmare: the apathy of those who justice, the victims of destiny and society. nying their humanity we betray our own. sat silently while millions were slaughtered by And I thank all of you for being here. Indifference, then, is not only a sin, it is a Nazi Germany. As reports of Hitler's atrocities We are on the threshold of a new century, punishment. And this is one of the most im- mounted during the late 1930's and early a new millennium. What will the legacy of portant lessons of this outgoing century’s 1940's, corporations continued to conduct this vanishing century be? How will it be re- wide-ranging experiments in good and evil. business with the Third Reich, refugees were membered in the new millennium? Surely it In the place that I come from, society was will be judged, and judged severely, in both composed of three simple categories: The denied admission to a host of nations, trag- moral and metaphysical terms. These fail- killers, the victims, and the bystanders. Dur- ically including to the United States, and free ures have cast a dark shadow over humanity: ing the darkest of times inside the ghettoes peoples refused to act to stop Hitler's killing two World Wars, countless civil wars, the and death camps—and I’m glad that Mrs. machine. senseless chain of assassinations—Gandhi, Clinton mentioned that we are now com- Without such passive disregard for human the Kennedys, Martin Luther King, Sadat, memorating that event, that period, that we life, many of the six million victims of the Holo- Rabin—bloodbaths in Cambodia and Nigeria, are now in the Days of Remembrance—but caust might have lived. ``In a way, to be indif- India and Pakistan, Ireland and Rwanda, then, we felt abandoned, forgotten. All of us ferent to that suffering is what makes the Eritrea and Ethiopia, Sarajevo and Kosovo; did. human being inhuman,'' explained Dr. Wiesel, the inhumanity in the gulag and the tragedy And our only miserable consolation was that we believed that Auschwitz and Tre- ``Indifference, after all, is more dangerous than of Hiroshima. And, on a different level, of course, Auschwitz and Treblinka. So much blinka were closely guarded secrets; that the anger and hatred.'' violence, so much indifference. leaders of the free world did not know what The reflections of Elie Wiesel are particu- What is indifference? Etymologically, the was going on behind those black gates and larly significant given the ongoing war crimes word means ‘‘no difference.’’ A strange and barbed wire; that they had no knowledge of of Slobodan Milosevic and the Serbian gov- unnatural state in which the lines blur be- the war against the Jews that Hitler’s ar- ernment against untold thousands of Kosovar tween light and darkness, dusk and dawn, mies and their accomplices waged as part of Albanians. Elie acknowledged the undeniable crime and punishment, cruelty and compas- the war against the Allies. moral character of NATO's military campaign sion, good and evil. If they knew, we thought, surely those What are its courses and inescapable con- against these outrageous human rights atroc- leaders would have moved heaven and earth sequences? Is it a philosophy? Is there a phi- to intervene. They would have spoken out ities, and he pointed out the sharp contrast losophy of indifference conceivable? Can one with great outrage and conviction. They with the world's reaction during the Holocaust: possibly view indifference as a virtue? Is it would have bombed the railways leading to ``This time, the world was not silent. This time, necessary at times to practice it simply to Birkenau, just the railways, just once. we do respond. This time, we intervene.'' keep one’s sanity, live normally, enjoy a fine And now we knew, we learned, we discov- Mr. Speaker, Elie Wiesel is right. America meal and a glass of wine, as the world around ered that the Pentagon knew, the State De- must remain committed to military campaign to us experiences harrowing upheavals? partment knew. And the illustrious occupant help the suffering Albanian victims of Of course, indifference can be tempting— of the White House then, who was a great more than that, seductive. It is so much Milosevic's brutal campaign of ethnic cleans- leader—and I say it with some anguish and easier to look away from victims. It is so pain, because, today is exactly 54 years ing in Kosova. We must also maintain our much easier to avoid such rude interruptions marking his death—Franklin Delano Roo- commitment to fight against human rights to our work, our dreams, our hopes. It is, sevelt died on April the 12th, 1945, so he is abuses throughout the world. after all, awkward, troublesome, to be in- very much present to me and to us. Dr. Elie Wiesel is the Andrew W. Mellon volved in another person’s pain and despair. No doubt, he was a great leader. He mobi- Professor in the Humanities at Boston Univer- Yet, for the person who is indifferent, his or lized the American people and the world, sity. In addition to the Nobel Peace Prize, he her neighbor are of no consequence. And, going into battle, bringing hundreds and has been awarded the Presidential Medal of therefore, their lives are meaningless. Their thousands of valiant and brave soldiers in Freedom, the United States Congressional hidden or even visible anguish is of no inter- America to fight fascism, to fight dictator- est. Indifference reduces the other to an ab- ship, to fight Hitler. And so many of the God Medal, and the Medal of Liberty Award. straction. young people fell in battle. And, neverthe- Elie's talents as a teacher, author, and orator Over there, behind the black gates of less, his image in Jewish history—I must say have enlightened generations of students and Auschwitz, the most tragic of all prisoners it—his image in Jewish history is flawed. citizens for nearly five decades. were the ‘‘Muselmanner,’’ as they were The depressing tale of the St. Louis is a Mr. Speaker, as we mark the Days of Re- called. Wrapped in their torn blankets, they case in point. Sixty years ago, its human membrance this week, I urge my colleagues to would sit or lie on the ground, staring va- cargo—maybe 1,000 Jews—was turned back read carefully the thoughtful reflections of Dr. cantly into space, unaware of who or where to Nazi Germany. And that happened after Elie Wiesel. they were, strangers to their surroundings. the Kristallnacht, after the first state spon- They no longer felt pain, hunger, thirst. sored pogrom, with hundreds of Jewish shops THE PERILS OF INDIFFERENCE: LESSONS They feared nothing. They felt nothing. destroyed, synagogues burned, thousands of LEARNED FROM A VIOLENT CENTURY, RE- They were dead and did not know it. people put in concentration camps. And that MARKS AT MILLENNIUM EVENING, THE WHITE Rooted in our tradition, some of us felt ship, which was already on the shores of the HOUSE, APRIL 12 that to be abandoned by humanity then was United States, was sent back. Mr. WIESEL. Mr. President, Mrs. Clinton, not the ultimate. We felt that to be aban- I don’t understand. Roosevelt was a good members of Congress, Ambassador doned by God was worse than to be punished man, with a heart. He understood those who E670 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 needed help. Why didn’t he allow these refu- are necessary and long overdue. Economic ST. ALOYSIUS CENTENNIAL gees to disembark? A thousand people—in growth and vitality hinge on a region's ability America, a great country, the greatest de- to accommodate commercial and commuter mocracy, the most generous of all new na- HON. PAUL E. KANJORSKI tions in modern history. What happened? I traffic both safely and efficiently. I am proud to OF PENNSYLVANIA don’t understand. Why the indifference, on say that last year's TEA±21 legislation, which IN THE HOUSE OF REPRESENTATIVES I cosponsored, has begun to address these the highest level, to the suffering of the vic- Thursday, April 15, 1999 tims? critical transportation needs, through honest, But then, there were human beings who off-budget funding. I rise today to submit for Mr. KANJORSKI. Mr. Speaker, I rise today were sensitive to our tragedy. Those non- the record an editorial that appeared last to pay tribute to Saint Aloysius Church, Jews, those Christians, that we called the month in the Tampa Tribune. This editorial il- Wilkes-Barre, Pennsylvania, on the occasion ‘‘Righteous Gentiles,’’ whose selfless acts of lustrates how local concerns are being met of its Centennial Celebration. I am pleased heroism saved the honor of their faith. Why and proud to bring the history of this fine par- were they so few? Why was there a greater under the new funding formulas. effort to save SS murderers after the war ish to the attention of my colleagues. [From the Tampa Tribune, Mar. 3, 1999] than to save their victims during the war? Thirty-four families came to Father Richard Why did some of America’s largest cor- BUD SHUSTER’S WORDS OF WISDOM McAndrew in 1899 with the request for their porations continue to do business with Hit- own church in South Wilkes-Barre. Father ler’s Germany until 1942? It has been sug- U.S. Rep. Bud Shuster, chairman of the McAndrew petitioned Bishop Hoban for a new gested, and it was documented, that the House Transportation and Infrastructure parish and on April 29, 1900, the Bishop came Wehrmacht could not have conducted its in- Committee, made a field trip to Tampa the other day to see our port, airport and high- to lay the cornerstone for the new church vasion of France without oil obtained from building. As founding pastor, Father American sources. How is one to explain ways. McAndrew helped in the first months until the their indifference? There is general agreement here on the im- And yet, my friends, good things have also portance of air and sea transport, but the parish's first official pastor was named, Father happened in this traumatic century: the de- community is divided on ground transpor- Thomas Brehony. Father Griffin, who was feat of Nazism, the collapse of communism, tation—whether to continue to depend en- named as Father Brehony's assistant, later the rebirth of Israel on its ancestral soil, the tirely on roads or to augment them with a became the church's second pastor. demise of apartheid, Israel’s peace treaty commuter rail line that would largely follow In 1913, Father McCarthy was installed as with Egypt, the peace accord in Ireland. And existing freight rail rights of way. the church's third pastor and would serve the let us remember the meeting, filled with drama and emotion, between Rabin and Shuster’s advice: If you can, build rail. parish for thirty-two years. By the end of World Arafat that you, Mr. President, convened in ‘‘When you have right of way, you’re half- War I, the church had outgrown its original this very place. I was here and I will never way there,’’ he told us. ‘‘Light rail seems to building, so a beautiful new gothic church was forget it. be pretty darn efficient.’’ constructed and dedicated by the Archbishop And then, of course, the joint decision of This from a solidly conservative congress- of Philadelphia in 1927. Father McCarthy con- the United States and NATO to intervene in man representing a Pennsylvania mountain tinued the expansion with a new rectory in Kosovo and save those victims, those refu- district that has been Republican since 1860. 1938. gees, those who were uprooted by a man When Father McCarthy died and Father whom I believe that because of his crimes, Shuster helped deregulate trucking and should be charged with crimes against hu- has consistently pushed to give local govern- Monahan took over St. Aloysius, he undertook manity. But this time, the world was not si- ments more say in how federal transpor- the huge task of founding a school for the pa- lent. This time, we do respond. This time, we tation money is spent. Now up to half the rishioners of St. Aloysius. Beginning with just intervene. federal gasoline tax revenue in any one cat- a kindergarten, each year the school ex- Does it mean that we have learned from egory can be diverted to another, which panded a grade until there were eight grades. the past? Does it mean that society has means some highway money can be spent on With the new school staffed by the Sisters of changed? Has the human being become less transit and vice versa. This flexibility gives Mercy, the expansion of the school neces- indifferent and more human? Have we really state and local governments more power, learned from our experiences? Are we less in- which puts them under more pressure to sitated the expansion of the convent, so a new sensitive to the plight of victims of ethnic make intelligent choices. convent was dedicated in 1963. Tragically, Tropical Storm Agnes swelled the cleansing and other forms of injustices in The new transportation law is sending places near and far? Is today’s justified Florida about $440 million more per year, a Susquehanna River in June of 1972 until it intervention in Kosovo, led by you, Mr. sum that partially corrects the old funding spilled its banks and flooded all of Wyoming President, a lasting warning that never formula that for years shortchanged fast- Valley, including St. Aloysius Church and its again will the deportation, the terrorization growing states. parish buildings. The interior of the church of children and their parents be allowed any- Shuster argues convincingly that all fed- was totally ruined and the parish was dev- where in the world? Will it discourage other astated. The Pastor at that time, Father dictators in other lands to do the same? eral gasoline taxes should be spent on trans- What about the children? Oh, we see them portation and that all airline ticket taxes Padden, undertook the task of restorting the on television, we read about them in the pa- should be spent on aviation improvements. If buildings after the disaster. Over a million dol- pers, and we do so with a broken heart. Their the money isn’t needed, reduce the tax rate. lars were spent on restoration, using loans fate is always the most tragic, inevitably. But the money is desperately needed, so Con- from the disaster relief programs in place at When adults wage war, children perish. We gress should invest it to improve the na- the time. The last payment on that money was tional economy and public safety. see their faces, their eyes. Do we hear their made in 1992. pleas? Do we feel their pain, their agony? He dismisses as ill-informed the often re- In 1982, with Father Padden's retirement, Every minute one of them dies of disease, vi- peated criticism that Congress loaded the Msgr. Donald A. McAndrews, the Director of olence, famine. Some of them—so many of latest highway bill with pork. High-priority them—could be saved. congressional projects account for 5 percent Catholic Social Services, was appointed as And so, once again, I think of the young of the spending, and all those projects re- sixth Pastor of St. Aloysius. Throughout his Jewish boy from the Carpathian Mountains. quired the written support of the state de- tenure, Msgr. McAndrews has continued the He has accompanied the old man I have be- partments of transportation. Even if all expansion and modernization of the parish. come throughout these years of quest and these special projects are unnecessarily fat, The parish's school, which celebrated its 50th struggle. And together we walk towards the which they aren’t, the remaining 95 percent anniversary in 1998, now has an all-lay faculty new millennium, carried by profound fear of the money is going back to state and local and extraordinary hope. and provides a quality education to 265 stu- governments. dents. f Shuster, a veteran of the endless tug of war Mr. Speaker, St. Aloysius Church is part of over limited revenues, conceded. ‘‘These de- a tradition of strong religious faith which is BUILDING TRANSPORTATION cisions are not made by angels up in heav- ASSETS FOR AMERICA synonymous with the Wyoming Valley. Found- en.’’ ed by thirty-four families, the church serves HON. TILLIE K. FOWLER They are made largely by men and women eighteen hundred families today. Its proud his- here at the local level, and the better in- tory is a testament to the importance of faith OF FLORIDA formed they are, the more wisely they will in our daily lives in Northeastern Pennsyl- IN THE HOUSE OF REPRESENTATIVES invest tax-payers’ money. It should interest vania. I am proud to join with the parishioners Thursday, April 15, 1999 them that the neutral advice from conserv- ative Bud Shuster, who is neither cam- and with the community in wishing St. Aloys- Mrs. FOWLER. Mr. Speaker, improvements paigning here nor speculating in local real ius Church the very best as it enters a new to our nation's state and local infrastructure estate, is to seriously consider rail. century and a new millenium. CONGRESSIONAL RECORD — Extensions of Remarks E671 HONORING PASTOR RODNEY H. Owning a home contributes enormously to fifty’’ church fires in Indiana and other TRAVIS the financial security of our families. Nothing states. symbolizes the American dream more than Jerry Singer, a special agent with the ATF, said the fires involve 11 states, includ- HON. JAMES M. TALENT owning a home. For this reason, I am the ing Indiana, Kentucky, Tennessee, Ohio, Mis- OF MISSOURI proud cosponsor of a Congressional resolution sissippi, Georgia and Alabama, all of which IN THE HOUSE OF REPRESENTATIVES expressing strong support for the protection of were mentioned in the affidavits. Singer the home mortgage interest tax deduction. On would not identify the other four states in- Thursday, April 15, 1999 tax day, let's commit ourselves to making the volved. Mr. TALENT. Mr. Speaker, I rise today with ideal of home ownership a reality for all Ameri- He said that in his 21 years with the ATF, the honor and pleasure of recognizing Pastor cans. this is the largest serial arson case he’s seen. The affidavit details the events that led to Rodney H. Travis of the First Baptist Church f Ballinger’s arrest: On Feb. 6, 1999, a church in Ellisville, Missouri. Pastor Travis will open EXPOSING RACISM in Brookville, Ohio, was burned. Three days today's session of the United States House of later, a detective from the Ball State Uni- Representatives with the invocation. Pastor versity Police Department in Muncie over- Travis is a generous and eloquent man, and HON. BENNIE G. THOMPSON heard an emergency radio call for medical he offers a moving invocation. OF MISSISSIPPI assistance at the Ballinger residence in Pastor Travis is an outstanding member of IN THE HOUSE OF REPRESENTATIVES Yorktown, a few miles west of Muncie. The officer recognized the last name from the St. Louis community. Pastor Travis and his Thursday, April 15, 1999 wife Karen Sue and their children Shawn a previous church arson investigation. He Mr. THOMPSON of Mississippi. Mr. Speak- went to Ball Memorial Hospital in Muncie Renae and Tiffany Hope have been in Mis- and interviewed Ballinger’s father, who said souri since 1982, serving at the First Baptist er, in my continuing efforts to document and expose racism in America, I submit the fol- his son was badly burned when he came Church in Jackson, Missouri before coming to home early in the morning on Feb. 7. Ellisville in 1995. Over the last four years, he lowing articles into the CONGRESSIONAL The officer notified federal investigators of has diligently served his congregation and the RECORD. the incident at the hospital. During inter- community. JUSTICE DEPARTMENT ANNOUNCES ARRESTS IN views with law enforcement officials Feb. 19– Pastor Travis has served God in many ways INDIANA CHURCH BURNINGS 21, Ballinger admitted to the various arsons. since receiving his Master of Divinity from (By Rex W. Huppke) Ballinger had at least one prior offense—a 1993 arrest on charges of contributing to the Southern Baptist Theological Seminary in INDIANAPOLIS (AP).—A man charged with delinquency of a minor. According to court seven Indiana church fires may be respon- 1979 and later his Doctor of Ministry from records, he was arrested near Daleville for sible for up to 50 such arsons across the Mid- Vanderbilt University in 1979. He has served allowing two teen-agers to consume alcohol west and South, including Mississippi. as Trustee of Missouri Baptist College and in his car. Probable cause affidavits accompanying has held numerous positions with the Missouri A warrant was issued for his arrest in Dela- the formal charges brought against Jay ware County in 1994 after he failed to show Baptist Convention, including serving as Presi- Scott Ballinger paint a picture of a 36-year- up at a court hearing on those charges. dent from 1991±1992. He has volunteered as old who burned churches at random while One of the affidavits in the church arson chaplain in Tennessee prison system and as traveling with his girlfriend, an exotic danc- case said that Puckett admitted that he, a Police Department Chaplain. His words have er. Ballinger and Wood set fire to the Concord The U.S. Department of Justice announced served as inspiration to thousands through the Church of Christ in Lebanon, Ind., in Janu- Tuesday that Ballinger had been arrested Sunday School lessons he wrote for the Bap- ary 1994. and charged with setting seven Indiana tist publication World and Way and for the According to the affidavit, Ballinger and church fires dating back to 1994. The York- Baptist Sunday School Board ``Listening in Wood met at Puckett’s home, mixed several town man was being held in federal custody flammable liquids together then left to find Prayer.'' He also has been named to the Inter- in Indianapolis while a multi-agency inves- a church to burn. national Mission Board Trustee and will serve tigation continues. They picked the Concord Church of Christ in this capacity until 2003. Charged with one count each of arson are at random. Wood allegedly wrote satanic Mr. Speaker, I am honored to be able to in- Angela Wood, 24, of Atlanta, Ga., and Donald symbols on the porch, Puckett sprayed the A. Puckett, 37, of Lebanon, Ind. Wood is in troduce Pastor Travis to the United States flammable mixture and Ballinger lit the fire. federal custody in Macon, Ga., and Puckett House of Representatives, and I am moved The church was destroyed. that he has accepted this honor and will share is being held in Indianapolis. Wood has admitted to serving as a lookout with us his blessing. during some of the other fires Ballinger al- JURY AWARDS $720,000 TO COUPLE IN CROSS- f legedly set, according to the affidavit, and BURNING CASE CHICAGO (AP).—A federal jury has awarded IN SUPPORT OF THE MORTGAGE both Wood and Puckett are believed to have helped Ballinger burn down the Concord $720,000 in damages to a black couple whose INTEREST DEDUCTION Church of Christ in Lebanon, Ind., in 1994. suburban home was targeted by a white U.S. Attorney Judith A. Stewart would not neighbor with a cross-burning. HON. LOIS CAPPS give information on a motive for the arsons. After a one-day hearing, jurors deliberated She said that because the charges are part of about an hour Monday before deciding in OF CALIFORNIA a federal criminal complaint she couldn’t favor of Andre Bailey and Sharon Henderson IN THE HOUSE OF REPRESENTATIVES comment on the investigation until formal of Blue Island, who are married, and who Thursday, April 15, 1999 charges were brought before a grand jury. filed the lawsuit against Thomas Budlove Jr. All three arrested are white and most of Budlove has failed to respond to the law- Mrs. CAPPS. Mr. Speaker, today is April the church burnings in Indiana have involved suit or appear in court, prompting a judge to 15th, tax day. It's a good day to take a rural churches with predominately white rule last year that his conduct amounted to thoughtful look at our tax policy. congregations. a tacit admission to the cross burning. Yes, we must reduce our tax burden, bring ‘‘When someone sets fire to a house of wor- The incident occurred less than a year more fairness to our tax law, and simplify the ship, they are not just setting fire to a build- after Bailey and Henderson moved into the tax code. But today we must also be very ing, but to an entire community,’’ said Bill rented bungalow in the predominantly white wary of gimmicks, schemes, and risky pro- Lann Lee, assistant attorney general for the neighborhood in September 1995. The couple Justice Department’s civil rights division. alleged Budlove regularly shouted racial posals. The arrests stemmed from the work of the slurs at them from his property. Their tires I am particularly concerned about proposals National Church Arson Task Force, estab- were slashed, windows were broken, their like the flat tax that would eliminate the mort- lished in 1996 after a series of fires at black dog wounded by gunfire and leaves burned on gage interest deduction. churches in the South. their front porch. This tax policy has greatly improved the An affidavit from a Bureau of Alcohol, To- On June 13, 1996, Bailey said that as he quality of life for millions of middle class fami- bacco and Firearms agent says that searches stepped from his house to start his car, he lies across our nation. It has enabled count- of Ballinger’s central Indiana residence was confronted by a 6-foot cross burning in less families in San Luis Obispo and Santa turned up a gasoline container and satanic the yard. Lawyers for the couple and their two chil- Barbara Counties to raise their children in sta- books and writings. Also found were credit card statements showing purchases made in dren sought at least $300,000 in damages from ble, secure neighborhoods. Home ownership Indiana and other states on or about the Budlove. Attorneys for the family told the is on the increase across America, and with dates of church fires in those areas. jury they doubted Budlove has that amount this increase comes better schools, less crime, The affidavit says Ballinger admitted to of money. But they urged the jury to send a and more civic participation. setting ‘‘a total of approximately thirty to message that hate crimes won’t be tolerated. E672 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 TRIAL BEGINS IN RACIST PLOT CASE behavior in 1998 up from 474 the previous Hudson County. For these tremendous con- LITTLE ROCK, AR (AP).—Prosecutors year. tributions to New Jersey, I am very happy to opened their case against two white su- Officials of nine of the Wisconsin groups honor Let's Celebrate for its achievements on premacists charged with murder by calling a listed could not be reached for comment. Donald V. Clerkin, 60, of Greendale, chair- its 17th Anniversary. I salute and congratulate former associate who said one suspect linked Let's Celebrate on these extraordinary accom- Jews and blacks to insects and animals. man of the Euro-American Alliance, called Chevie Kehoe, 26, of Colville, Wash., and the organization a ‘‘white nationalist’’ group plishments. Danny Lee, 26, of Yukon, Okla., are also concerned with, among other things, the f charged with racketeering and conspiracy. threat immigration poses to ‘‘Western cul- Kehoe and Lee are accused of using a cam- ture, European culture in North America.’’ ‘‘I consider it a badge of honor,’’ he said of IN HONOR OF NORMANDY HIGH paign of violence to set up a whites-only na- SCHOOL’S 30TH ANNIVERSARY tion in the Pacific Northwest and could get the listing. In Mercer, Michael McQueeney, the death penalty if convicted. 43, calls himself the national grand dragon John Shults, a convict who says he has left for the National Knights of the Ku Klux Klan—Not the American Knights cited in the HON. DENNIS J. KUCINICH the white supremacy movement, testified OF OHIO Monday that he joined Kehoe in the North- report. west. He disputed the hate-group label. ‘‘I dislike IN THE HOUSE OF REPRESENTATIVES ‘‘We would make such comments as ‘The a lot of blacks, Jews and homosexuals be- Thursday, April 15, 1999 Jews are nothing but maggots. The Jews cause of what they’re doing in this country, should be exterminated.’ . . . Black people but there’s a lot of good Jews out there, and Mr. KUCINICH. Mr. Speaker, I rise today to were the beasts of the field, how they were there’s a lot of good black people out there,’’ honor Normandy High School for its 30 years meant to be lower than the white man, how he said. of excellence in educating the students of we used them for caretaking,’’ Shults said. At Muhammad Mosque No. 3 in Milwaukee, Parma, Ohio. part of the Nation of Islam, minister William Members of the mostly black jury were ex- Normandy High School first opened its pressionless. Shults also said Kehoe spoke of Muhammad, 40, called it ‘‘totally false and slanderous’’ to call his denomination a hate doors in the fall of 1968 and welcomed 1700 executing judges to spark a revolt. sophomore- and junior-year high school stu- The crimes associated with the alleged group. ‘‘The Nation of Islam teaches love—love of plot include a 1996 bombing at City Hall in dents. The architectural design of the school God, love of justice and love of self,’’ Mu- Spokane, Wash.; shootouts with Ohio police; was unique and considered state-of-the-art hammad said. ‘‘Our goal and purpose is the the slayings of two people in Idaho; and the when built 30 years ago. The first commence- upliftment of our people—the moral, spir- drownings of a white Arkansas family of ment exercise was in June 1970, with 525 itual, social and economic development and three. cultivation of our people.’’ young men and women receiving diplomas. U.S. Attorney Dan Stripling told jurors Since this first commencement ceremony, that Kehoe’s beliefs were based on those of f 13,400 students have graduated. Normandy's Robert Mathews, the founder of the Aryan current enrollment is 1,128 students and the Nations white supremacist group. Mathews IN HONOR OF LET’S CELEBRATE, was killed in 1984 when his hideout caught INC., FOR ITS COMMITMENT TO staff consists of 87 faculty and 58 support fire during a shootout with federal agents in FIGHTING HUNGER AND POV- people. Washington state. ERTY IN HUDSON COUNTY Normandy High School subscribes to rig- The prosecutor said Kehoe and Lee robbed orous academic standards and offers an ex- the Arkansas family in 1996 and killed them tensive curriculum. There are accelerated by taping plastic bags over their heads, HON. ROBERT MENENDEZ course offerings in all academic areas. A full weighing them down with rocks and throw- OF NEW JERSEY range of vocational education programs are ing them into a bayou. IN THE HOUSE OF REPRESENTATIVES Later, the defendants told Kehoe’s parents also available. Normandy students' score on that the family was on ‘‘a liquid diet,’’ Thursday, April 15, 1999 the standardized SAT and ACT tests are con- Stripling said. Mr. MENENDEZ. Mr. Speaker, I rise today sistently above the State and National aver- The judge has issued a gag order in the to recognize Let's Celebrate, Inc., for its hard ages. The school's Renaissance Program case, but Lee’s mother, Lea Graham, said her work and dedication to battling poverty in Hud- demonstrates the commitment to academic son is innocent and no racist. son County. excellence, continuous improvement and citi- For more than 17 years, Let's Celebrate, zenship which contributes to the high caliber NATIONAL REPORT DESCRIBES 12 of graduates from the school. Normandy High ORGANIZATIONS IN WISCONSIN AS HATE GROUPS Inc., has been instrumental in assisting individ- School is indeed an outstanding asset to the (By the Associated Press) uals ``move from hunger to wholeness.'' By im- plementing a continuum of care through coun- Parma community. Twelve Wisconsin organizations are being seling, job training, emergency food assist- Normandy not only has a fine academic pro- described as hate groups in a quarterly jour- gram, but its athletic department is also well nal published by the Southern Poverty Law ance, adult basic education, and housing as- Center. sistance, Let's Celebrate has become a vital renowned. In addition to numerous victories in The ‘‘Intelligence Report’’ listed six groups force in stamping out poverty in my district. state playoffs, invitationals and tournaments, described as neo-Nazi. They are the Euro- With more than 40 staff members, 750 vol- Normandy's athletes have accomplished the American Alliance in Milwaukee; the New unteers, and 27 service and meal sites following LEL Championships: Baseball 1979, Order in Milwaukee; the Knights of Freedom throughout the area, this impressive organiza- 1982 Softball 1976, 1977, 1983 Football 1981, in Sullivan; and World Church of the Creator tion is responsible for aiding and encouraging 1982, 1983, John Thomas San Francisco in Milwaukee, New Berlin and Franklin. 49er's Super Bowl Champs, Girls Basketball Also listed were two Ku Klux Klan groups, countless families to move from dependency the American Knights of the Ku Klux Klan in to self-sufficiency. 1976±77, Cross Country 1984, 1989, 1998, Mercer and Imperial Klans of America, Through innovative programs such as 1973 All American Track & Field Curt Tesar, Knights of the Ku Klux Klan in Adams. JobPower and Celebrate Catering, Let's Cele- Golf 1988, 1990, 1992, 1998 Chris Wollman & Two skinhead groups listed were the brate provides invaluable, hands-on training Bernie Jablonski State Champs, Wrestling Hammerskin Nation in Hartland and Oi! designed to help clients gain experience, de- 1981, 1985, 1987 Volleyball 1976, 1978, 1982, Boys in Kenosha. velop job skills, and learn to adapt to a work 1988, 1995, 1998, Hockey Baron Cup One Christian Identity church, the Wis- environment. These efforts are so successful Champs 1976, 1998, 1999. consin Church of Israel in Appleton, was Providing excellent educational opportunities named. Christian Identity describes ‘‘a reli- that Let's Celebrate secures jobs for 85 per- gion that is fundamentally racist and anti- cent of its trainees. for all children is one of the most important Semitic,’’ the report said. In addition, Let's Celebrate supplies emer- goals in our society. I am encouraged by the Also included was one black separatist gency food assistance programs through the involvement of the students, teachers, admin- group, a Nation of Islam affiliate in Mil- Emergency Food Network and The Square istrators, parents, local businesses and com- waukee. Black separatists are organizations Meal Community Center. These soup kitchens munity organizations who are celebrating the ‘‘whose ideologies include tenets of racially- and pantries serve more than 125,000 meals 30th anniversary of Normandy High School based hatred,’’ the report said. per year to our neediest citizensÐ600 of and working toward continued success and in- Wisconsin had 10 hate groups listed by the volvement in our schools. journal in 1997, said Joseph Roy Sr., intel- which are distributed through the Senior Serv- ligence project director for the law center in ices program. They also help distribute cloth- I am confident that Normandy will continue Montgomery, Ala. ing, offer counseling, and provide referrals. to produce exceptional students who will The law center listed 537 hate groups and Let's Celebrate's efforts exemplify leader- greatly contribute to the future of the Parma group chapters nationwide engaging in racist ship and dedication to eliminating poverty in community. CONGRESSIONAL RECORD — Extensions of Remarks E673 CONGRATULATIONS DIANNE S. meet the club maintained the unity between TRIBUTE TO NEW INDUCTEES TO NURY members and started having their monthly MINNESOTA AVIATION HALL OF meetings in members' houses. FAME HON. GEORGE RADANOVICH The club has been a vital part of the His- OF CALIFORNIA panic and non-Hispanic community in the HON. JAMES L. OBERSTAR IN THE HOUSE OF REPRESENTATIVES Cleveland area. The club works to maintain its OF MINNESOTA families through sports. The San Lorenzo Club IN THE HOUSE OF REPRESENTATIVES Thursday, April 15, 1999 is a permanent sponsor of the Roberto Mr. RADANOVICH. Mr. Speaker, I rise Clemente Baseball Little League in Cleveland, Thursday, April 15, 1999 today to congratulate Dianne Nury on her and pushed the city to rename the city park Mr. OBERSTAR. Mr. Speaker, I rise today election as Chairman of the Wine Institute for after the famous Puerto Rican baseball player. to pay tribute to two pioneers in general avia- the 1998±99 fiscal year. Dianne is the first The club also works to help the Hispanic and tion in the State of Minnesota: Francis woman to become Chairman of the Wine Insti- non-Hispanic needy throughout the Cleveland Einarson of International Falls and Rudy tute. area. Billberg of Roseau. These two gentleman will Dianne Nury is president of family-owned My fellow colleagues, join me in honoring be inducted into the Minnesota Aviation Hall of Vie-Del Company in Fresno. Nury heads one both Antonio Ramos and the San Lorenzo Fame on Saturday, April 17, 1999. of California's largest bulk winery, distillery Club for their outstanding service to the Cleve- Francis Einarson serves as an operator of and fruit juice processing operations, con- land area. the International Falls Airport, and he has long tracting with 1,000 growers located predomi- been a leader in aviation in Northern Min- nantly in the Central Valley. Nury is a native f nesota. His induction to the Aviation Hall of and resident of Fresno, she began her career TRIBUTE TO SARAH NEWCOMB Fame is an honor that it richly deservedÐif as area sales manager for Seagrams after not overdue. Francis' brother Jim taught him MCCLENDON graduating in 1982 from California State Uni- to fly in 1948, and the two men began oper- versity, Fresno with a degree in business. She ating the airport in International Falls the same joined Vie-Del in 1985 as a sales representa- HON. EDDIE BERNICE JOHNSON year. Over the years, Francis Einarson took tive, she then became vice president of the OF TEXAS tourists for scenic rides, taught students how company in 1988 until assuming the presi- IN THE HOUSE OF REPRESENTATIVES to fly, provided air ambulance service and dency in 1991 from her father. Dianne Nury is Thursday, April 15, 1999 conducted search and rescue missions. immediate past president of the National Juice Francis also oversaw several expansions of Products Association and is current vice chair- Ms. EDDIE BERNICE JOHNSON of Texas. the International Falls Airport, which today man of the Viticulture and Enology Research Mr. Speaker, I rise today in salute of Texas- acts as a gateway to Northern Minnesota Center at CSU, Fresno. born reporter Sarah Newcomb McClendon and communities and attractions like Voyageurs As Chairman of the Wine Institute, Nury her pioneering efforts as a member of the National Park. pledges to continue the focus of the Institute's Washington, DC press corps. Rudy Billberg is also part of aviation history progress for international market development Ms. McClendon was born in Tyler, Texas. in Minnesota. In the early days of aviation, and research funding. She will also emphasize She has been a reporter for nearly 70 years Rudy made his start by barnstorming to fes- the public policy issues that the Wine Institute and has covered eleven Presidents since tivals in Duluth and the Iron Range and putting has taken on, such as taxation and free and 1994. She has covered the White House with on acrobatic shows. He provided valuable fair trade here and abroad. wit and directiveness for more than fifty years. service to the United States by training flyers Mr. Speaker, I rise today to congratulate Like a true Texas woman, she has earned re- in Duluth and flying troops and supplies during Dianne Nury, as Chairman of the Wine Insti- spect from many for her toughness that is al- World War II. He also trained junior college tute. Dianne's chairmanship carries on a leg- ways tempered with a touch of charm. students in flying through the Civilian Pilot acy set by her father, Mike Nury. I urge my Prior to moving to Washington, Ms. Training program and was appointed one of colleagues to join me in wishing Dianne Nury McClendon received her journalism degree Minnesota's first flight examiners. many years of continued success. from the University of Missouri in 1931. She These men were adventures when aviation f worked for the Courier-Times and Tyler Morn- was a new mode of transportation, and they ing Telegraph in Tyler, Texas. She also was a made a valuable contribution to the develop- IN HONOR OF SAN LORENZO CLUB reporter for the Texas newspaper the Beau- ment of the aviation field. I know my col- mont Enterprise. In 1944 she became a Na- leagues join me in congratulating Francis HON. DENNIS J. KUCINICH tional Correspondent for the Philadelphia Daily Einarson and Rudy Billberg on their induction OF OHIO News. In 1946 she made her pilgrimage to into the Minnesota Aviation Hall of Fame. IN THE HOUSE OF REPRESENTATIVES Washington, DC, where she founded the f McClendon News Service which she still runs Thursday, April 15, 1999 today. INTRODUCTION OF TRAFFIC STOPS Mr. KUCINICH. Mr. Speaker, I rise today to Her awards, which read like a who's who in STATISTICS ACT OF 1999 honor the San Lorenzo Club and one of its co- journalism, include the Woman of Achieve- founders Antonio Ramos for their service to ment Award for Texas Press Women, the Na- HON. JOHN CONYERS, JR. the Cleveland community. tional Federation of Women Award, Public Re- OF MICHIGAN Antonio Ramos has been involved in many lations award from the American Legion and IN THE HOUSE OF REPRESENTATIVES different organizations in the Hispanic and the first recipient of the Presidential Award for non-Hispanic community. He is the only active Journalism in Washington. Thursday, April 15, 1999 founder of the San Lorenzo Club, and has oc- Sarah McClendon has helped pave the way Mr. CONYERS. Mr. Speaker, I am pleased cupied almost all the positions in the Board of for many women journalists and writers. In a to introduce the Traffic Stops Statistics Act of Directors through its existence. He also found- field where women are often not heard, she 1999 along with 21 additional cosponsors. ed the Roberto Clemente Baseball Little has not relied on good manners to do her job. Identical legislation is being introduced today League, to help create a sense of cultural Instead, she has made people listen and an- in the other body by Senators LAUTENBERG, identity for children. He now serves as Presi- swer her tough questions often forcing many FEINGOLD, and KENNEDY. dent of the league. Presidents to do double takes. Our bill would require the Justice Depart- The goal of the San Lorenzo Club, which Her never-give-up interviewing style has ment to conduct a study of racial profiling by has many members from different countries made her both loved and feared. However, at acquiring data from law enforcement agencies and cultures, is to have a place where Puerto the end of the day, she is the one who has regarding the characteristics of persons Ricans can meet and feel a little bit like they asked the questions her readers care about stopped for alleged traffic violations and the are in their tropical island and at the same most. rationale for subsequent searches. The legis- time promote their roots in a different country. Mr. Speaker, Sarah McClendon has covered lation is similar to legislation I introduced last When the club reached its goal of having their Washington with persistence and good humor. Congress (H.R. 118) which was approved by own place, after three years, not even a large Her ability as a reporter has demonstrated that the Judiciary Committee on a bipartisan basis fire which destroyed the building could she truly has printers ink coursing through her and passed the House by voice vote on March dampen their dreams. Even with no place to veins. 24, 1998. E674 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 We have all heard stories of African and officers. During their visit they expressed great TAXES AND HOME OWNERSHIP Hispanic AmericansÐincluding many well concern at being forced to be unarmed on known actors, athletes, law enforcement offi- public streets without protection against HON. PHIL ENGLISH cers, and legislatorsÐwho have been stopped unsuspected retaliation. This measure will give OF PENNSYLVANIA for the traffic infraction known as ``Driving all police officersÐall of usÐan added meas- IN THE HOUSE OF REPRESENTATIVES While Black'' or ``Driving While Brown.'' Our ure of protection. legislation will allow us to ascertain the extent Thursday, April 15, 1999 such profiling is occurring on a nationwide f Mr. ENGLISH. Mr. Speaker, I rise today to basis, help increase police awareness of the speak in favor of the preservation and exten- problem, and determine if any broader re- INTRODUCTION OF THE ABRAHAM sion of a very important benefit to all tax- sponse is warranted. LINCOLN BICENTENNIAL COM- paying Americans. The limited data available indicates that the MISSION ACT OF 1999 We all know the significance of today, April problem of racial profiling in traffic stops is se- 15th. And as lamentable as today is for every rious. For example, a recent study by the Or- hard-working American who strives to save in- lando Sentinel found that 70% of the persons HON. RAY LaHOOD come for themselves and their families, there stopped on I±95 were African-American, even OF ILLINOIS is one component of the federal tax code though they only made up less than 10% of IN THE HOUSE OF REPRESENTATIVES every citizen should be granted. I am speaking the driver population. A court ordered study in about the tax deduction for interest paid on Maryland found that more than 70% of drivers Thursday, April 15, 1999 debt secured by the purchase of a home. stopped on I±95 were African American Owning a home, Mr. Speaker, has to be, Mr. LAHOOD. Mr. Speaker, I rise today on without doubt, the one goal every American though they made up only 17.5% of drivers, the anniversary of former President Abraham shares. And far be it for the federal govern- while another study conducted in conjunction Lincoln's death to celebrate his life. Today, I ment to stand in the way of that goal. What with a New Jersey civil rights lawsuit found am introducing the Abraham Lincoln bicenten- better way could the federal government assist that minorities were nearly five times as likely nial Commission Act of 1999. This bill will es- with this dream than by granting every Amer- as non-minorities to be stopped for traffic vio- tablish a commission, the purpose of which ican a tax deduction on interest paid on a lations along that state's turnpike. would be to make recommendations to Con- Further evidence of racial profiling by law home mortgage. gress for a national program to honor former enforcement was evident in the case of State The benefits of home ownership are many. President Abraham Lincoln in the year 2009, v. Soto, in which Superior Court judge, Robert Most importantly, home ownership strengthens the bicentennial celebration of his birth. E. Francis ruled that troopers were engaging neighborhoods and families. It strengthens in racial profiling on the southernmost seg- Abraham Lincoln has gone down in history neighborhoods in that those who live in a ment of the New Jersey Turnpike. This in turn as one of our country's greatest Presidents. home will also invest in the area in which they raises troubling questions regarding the extent As our sixteenth President, Abraham Lincoln live, thereby supporting vibrant and pros- to which law enforcement officials may be un- served the country during a most precarious perous communities. And owning a home fi- fairly targeting Hispanic and Asian Americans era. While most of the country looked to di- nancially strengthens families, especially for under the guise of immigration enforcement. vide, President Lincoln fought for unity and parents who work hard to provide for their chil- If our citizens are to trust our justice system eventually saved the Union. With the belief dren. it is imperative that all forms of discrimination that all men where created equal, President Homes, Mr. Speaker, for families all across be eliminated from law enforcement. The Traf- Lincoln led the charge to free all slaves in this land that live in one and hope to own one, fic Stops Statistics Act of 1999 will help give America. Without the determination and vision are the greatest institutions our nation can Congress the tools to assess and understand of President Lincoln, the country, as we know build. That is why I rise today in strong sup- a dangerous form of such discriminationÐra- it, may not exist today. port of, and encourage all members of this cial profiling in traffic stops. President Lincoln also serves as a national body to support, a resolution my colleague, f symbol of the ``American Dream.'' Born of Representative ROUKEMA, will introduce on the humble roots in Hardin County, Kentucky on extension to every American of a tax deduc- INTRODUCTION OF THE NATIONAL February 12, 1809, Abraham Lincoln rose to tion for interest paid on debt secured by a first ASSISTANCE FOR POLICE OFFI- the Presidency though a legacy of honesty, in- or second home. CER SAFETY ACT OF 1999 tegrity, intelligence and commitment to the Home ownership is the backbone of our United States of America. great nation and must remain a dream within HON. JAMES E. ROGAN In 1909, America celebrated the centennial the grasp of every American. OF CALIFORNIA of President Lincoln's birth in a manner de- f IN THE HOUSE OF REPRESENTATIVES serving of his accomplishments. Congress ap- TRIBUTE TO FREEHOLDER THE- Thursday, April 15, 1999 proved placing the image of President Lincoln RESA BROWN ON BEING NAMED on a first-class stamp for the first time, made Mr. ROGAN. Mr. Speaker, today I am intro- ‘‘FREEHOLDER OF THE YEAR’’ President Lincoln's birth a national holiday, ducing the National Assistance for Police Offi- BY THE NEW JERSEY CON- and passed legislation leading to the construc- cer Safety Act. This legislation is a simple, FERENCE OF MAYORS tion of the Lincoln Memorial here in Wash- straightforward measure that will give qualified ington, D.C. Further, President Roosevelt ap- active duty law enforcement personnel car- proved placing the image of President Lincoln HON. JIM SAXTON rying proper identification the ability to carry on the penny. OF NEW JERSEY their firearms outside of their local jurisdiction, IN THE HOUSE OF REPRESENTATIVES including across State lines. I am pleased to As in 1909, the Congress should again announce that my friend and colleague Con- honor President Lincoln in 2009, by estab- Thursday, April 15, 1999 gressman STEVEN ROTHMAN joins me in au- lishing the Abraham Lincoln Bicentennial Com- Mr. SAXTON. Mr. Speaker, on April 22, thoring this bill. mission. Through this Commission, Congress 1999, the New Jersey Conference of Mayors The law enforcement community has long will be able to demonstrate its appreciation for will bestow to Theresa D. Brown, Esq. the sought a unified federal law to resolve the in- Abraham Lincoln's accomplishments and ulti- Freeholder of the Year Award for her dedi- consistent and fickle `right to carry laws' that mate sacrifice for our country. This Commis- cated service to Burlington County and the pervade State statutes. This bill will give active sion will identify and recommend to Congress State of New Jersey. Having worked closely law enforcement officers the ability to protect appropriate actions to carry out this mission on several issues with Ms. Brown, I believe themselves and their families from retaliations and, through the recommendations of this that the Conference of Mayors made an out- by criminal stalkers seeking to harm them. Commission and subsequent acts of Con- standing selection. Further, this bill increases public safety by gress, the American people will benefit by Ms. Brown is the daughter of retired Air adding more armed, qualified peace officers to learning about the life of President Lincoln. Force M/SGT Walter and Julie Brown. As a our streets. Mr. Speaker, I ask my colleagues to join me military dependent, Ms. Brown grew up in ex- Recently, police officers from my own dis- in honoring the memory of President Lincoln otic locales including France, the Philippines, trict traveled to Washington to participate in by supporting the Abraham Lincoln Bicenten- Hawaii, and several other places within the ceremonies honoring fallen law enforcement nial Commission Act of 1999. United States. CONGRESSIONAL RECORD — Extensions of Remarks E675 Upon graduating from Princeton University, cent actions taken by the Federal Communica- plicated by the fact that these three airports Ms. Brown became a certified K±12 teacher in tion Commission. While I have not taken a po- share airspace. When Newark changes depar- Social Studies, English, and French at the in- sition on the merger and do not plan to do so ture and arrival patterns, adjustments must be termediate and high school levels in the East at this time, I find the process the FCC is pro- made at Kennedy and LaGuardia airports as Windsor regional School District in Hightstown, posing to be arbitrary and inconsistent deci- well. New Jersey. From there, Ms. Brown worked sionmaking. Last July, the FAA announced at Newark with the New Jersey Education Association The FCC has proposed to add an additional Airport that it would begin the process of rede- lobbying before the New Jersey Legislature 90-day process that includes staff discussions, signing the airspace over the New Jersey and and the United States Congress for the state's another Commission en banc hearing and an- New York Metropolitan Region. This was to be largest teacher's union. Additionally, Ms. other round of public comment to help in re- the first area in the country addressed by the Brown worked as the Planning Manager for viewing this merger. I find this unprecedented FAA, and the results could be applied to other mercer County Legal Services in Trenton. additional process quite worrisome since the regions during future airspace redesign proc- Seeking more challenges, Ms. Brown grad- Commission has already held a public pro- esses. uated from Seton Hall Law School and worked ceeding which took nine months and gen- So why the delays? Since last July, no real as a law clerk for the Honorable Michael Pat- erated 12,000 pages of written submissions action has been taken. The 5-year timetable rick King, P.J.A.D., Superior Court of New Jer- from over 50 parties. It is hard to believe that has fallen behind, and residents in my district face a long wait before any potential relief sey, Appellate Division of Westmont, New Jer- the Commission might need more information from constant aircraft noise. sey. Theresa moved on to become an asso- to determine what sort of conditions it should Mr. Speaker, 5 years is too long. These ciate with the Trenton firm of Picco, Mack, impose on these companies. I am also puz- families should not be forced to wait 5 years Herbert, Kennedy, Jaffe, and Yoskin and then zled by the fact that Chairman Kennard has before these planes stop flying, low and loud, an Assistant City Attorney for the City of Cam- not seen fit to use such a process with any over their homes and yards. I have heard too den. Ms. Brown served as an Assistant Direc- other mergers he has considered recently in many stories from too many families who can- tor of litigation for the New Jersey Department the communications industry. not have conversations in their homes when of the Public Advocate where she litigated Mr. Speaker, this merger was announce 11 these planes fly overhead. automobile insurance rate-making cases be- months ago. During this time, the Department Enough is enough. The Airspace Redesign fore the Office of Administrative Law and the of Justice reviewed the proposal extensively Enhancement Act would give the FAA 2 years Appellate Division. Ms. Brown moved on to and just ruled on April 8, that it is not anti- to complete the airspace redesign process, become a partner in the Camden firm of competitiveÐhowever, the FCC continues to and would give them the money they need to Derden and Brown and later served as an at- drag it's feet in deciding on this matter. I firmly do so. By speeding up the process of rede- torney with the New jersey Protection and Ad- believe that the FCC has a duty to uphold in signing the airspace over the New Jersey and vocacy, Inc. in Trenton where she represented the strongest possible terms the ``public inter- New York Metropolitan region, other areas of persons with disabilities. Currently, Ms. Brown est'' when looking at a merger. However, I do the country will have their airspace redesigned practices in the area of family law. not believe that it gives them cover to devise much quicker as well. New Jersey is not the On January 1, 1997, Ms. Brown her 3-year a unique, convoluted process which applies a only region to suffer from aircraft noise. This term on the Burlington County Board of Cho- different standard and much stricter burden of bill can help residents near Chicago's O'Hare sen Freeholders. With her election, she be- proof than what was acceptable for similar Airport, Reagan National Airport, Los Angeles came the first African-American woman elect- cases. International Airport, Denver International Air- ed to hold that position in Burlington County. At this time, Ameritech and SBC still remain port, and other airports across the country. Among the many duties she performs, in the regulatory swamp which unfairly dis- The FAA has offered too many excuses for Freeholder Brown oversees the operations of advantages the competitive positions of both not getting this job done. Mr. Speaker, I urge Burlington County College, the Special Serv- companies. I strongly encourage the FCC to my colleagues to support the Airspace Rede- ices School, and the Institute of Technology consider the Ameritech-SBC merger with the sign Enhancement Act so that this process will as well as Culture and Heritage, the county Li- same speed, efficiency and fairness that it has not stretch out far into the 21st Century. brary and the Consumer Affairs office. considered other recent mergers in the tele- f Freeholder Brown's public service does not communications industry. For the FCC to do INTRODUCTION OF THE TRUTH IN end with her duties on the Board of otherwise is something we should all find intol- EMPLOYMENT ACT OF 1999 Freeholders. Freeholder Brown volunteers her erable. time to civic organizations and is President of f the Girl Scouts of the South Jersey Pines, Inc. HON. JOHN A. BOEHNER which serves girls in Atlantic, Burlington, Cape AIRSPACE REDESIGN OF OHIO May, Cumberland, and Gloucester Counties. ENHANCEMENT ACT IN THE HOUSE OF REPRESENTATIVES Freeholder Brown is also a member of Girl Thursday, April 15, 1999 Scouts of the U.S.A.'s Special Committee on HON. RODNEY P. FRELINGHUYSEN Mr. BOEHNER. Mr. Speaker, I rise today to Fund Development. Additionally, Freeholder OF NEW JERSEY introduce the Truth in Employment Act of Brown is a member of the Board of Directors IN THE HOUSE OF REPRESENTATIVES 1999. This important legislation addresses the for the Burlington County Chapter of the Thursday, April 15, 1999 abusive union tactic commonly called ``salt- American Red Cross and also serves on the ing.'' ``Salting'' is an economic weapon unions Burlington County Board of Social Services. Mr. FRELINGHUYSEN. Mr. Speaker, I rise use to damage and even run employers out of Mr. Speaker, it is my sincere privilege to today to introduce the Airspace Redesign En- business. honor a dedicated public servant and this hancement Act. This bill would require the ``Salting'' abuse is the placing of trained pro- year's recipient of the New Jersey Conference Federal Aviation Administration to speed up fessional organizers and agents in a non- of mayors' 1999 Freeholder of the Year the process of redesigning the airspace over union facility to harass or disrupt company op- Award, Freeholder Theresa D. Brown. A finer the New Jersey and New York Metropolitan erations, apply economic pressure, increase selection could not have been made. area. operating and legal costs, and ultimately put f For over a decade, residents in my district the company out of business. The object of and countless other areas of New Jersey and the union agents are accomplished through fil- MERGER BETWEEN AMERITECH New York have been plagued by the problem ing, among other charges, unfair labor practice AND SBC COMMUNICATION of aircraft noise. According to the FAA, rede- charges with the National Labor Relations sign of the airspace will solve many of the re- Board. As brought out during the five hearings HON. JOHN SHIMKUS gion's air noise problems. the Workforce Committee held on this issue in OF ILLINOIS The airspace over our regionÐNewark, the 104th and 105th Congresses, ``salting'' is IN THE HOUSE OF REPRESENTATIVES Kennedy, and LaGuardia airports, along with a not merely an organizing tool, but has became host of smaller municipal and regional air- an instrument of economic destruction aimed Thursday, April 15, 1999 portsÐhas made this area the busiest, most at non-union companies that has nothing to do Mr. SHIMKUS. Mr. Speaker, there are a congested and most complex in the Nation. with legitimate union organizing. number of developments regarding the pro- These three major airports have over 1 million As a former ``salt'' from Vermont testified posed merger of Ameritech and SBC Commu- flight arrivals and departures a year. Further, last year before the Employer-Employee Rela- nication that merit our attention, specifically re- the high volume of flights is further com- tions Subcommittee: E676 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 ‘‘[Salting] has become a method to stifle The Truth in Employment Act of 1999 would serve the interests of bona fide employees competition in the marketplace, steal away protect the employer by making it clear that an under the NLRA and hurts the competitive- employees, and to inflict financial harm on employer is not required to hire any person ness of small businesses. This bill does not the competition. Salting has been practiced prohibit organizers from getting jobs, and it is in Vermont for over six years, yet not a sin- who is not a ``bona fide'' employee applicant. gle group of open shop electrical workers The bill states that someone is not a ``bona completely consistent with the policies of the have petitioned the local union for the right fide'' applicant is such person ``seeks or NLRA. All the legislation does is give the em- to collectively bargain with their employers. sought employment with the employer with the ployer some comfort that it is hiring someone In fact, as salting techniques become more primary purpose of furthering other employ- who really wants to work for the employer. openly hostile . . . most workers view these ment or agency status.'' Simply put, if some- The Truth in Employment Act of 1999 returns activities as a threat to their ability to one wants a job, but at least 50 percent of a sense of balance to the NLRA that is being work. In a country where free enterprise and their intent is not to work for the employer, undermined by the Board's current policies. I independence is so highly valued. I find these then they should not get the job and the em- urge my colleagues to support its passage. activities nothing more than legalized extor- f tion.’’ ployer has not committed an unfair labor prac- tice if they refuse to hire the person. IN HONOR OF THE 100TH ANNIVER- There can be no disputing what these As drafted, this legislation is a very narrow ``salts'' are trying to do. As a former NLRB SARY OF THE VETERANS OF bill simply removing from the protection of FOREIGN WAR field attorney testified before the sub- Section 8(a) of the NLRA a person who seeks committee, from his experience, ``salts have a job without at least 50 percent motivation to no intention of organizing a company by con- work for the employer. At the same time, the HON. DENNIS J. KUCINICH vincing the co-workers that unions are a good legislation recognizes the legitimate role for or- OF OHIO thing for them. Instead, once a salt enters the ganized labor, and it would not interfere with IN THE HOUSE OF REPRESENTATIVES workplace, that individual engages in a pattern legitimate union activities. The Act contains a Thursday, April 15, 1999 of conduct to disrupt the workplace; to gather proviso, which, by the way, passed the House Mr. KUCINICH. Mr. Speaker, I rise today to information about the employer to feed to the 398 to 0 last March during consideration of honor the 100th anniversary of the Veterans of union; to disrupt projects; and ultimately to file H.R. 3246, the Fairness for Small Business Foreign War (VFW). charges with the National Labor Relations and Employees Act, making clear that the bill The VFW traces its roots back to 1899 Board.'' does not affect the rights and responsibilities when Veterans of the Spanish-American War Another witness quoted directly from the available under the NLRA to anyone, provided (1898) and the Philippine Insurrection (1899± International Brotherhood of Electrical Work- they are a bona fide employee applicant. Em- 1902) founded local organizations to secure ers' organizing manual, which states that the ployees and bona fide applicants will continue rights and benefits for their service. A group of goal of the union salt is to ``threaten or actu- to enjoy their right to organize or engage in veterans founded the American Veterans of ally apply the economic pressure necessary to other concerted activities under the NLRA, Foreign Service in Columbus, Ohio. Similar cause the employer to raise his prices, scale and, employers will still be prohibited from dis- groups were later formed in Denver, Colorado back his business activities, leave the union's criminating against employees on the basis of and throughout Pennsylvania. jurisdiction, go out of business and so on.'' union membership or union activism. In 1913, the Veterans of the Foreign War Hiding behind the shield of the National It was alleged last Congress by some came into existence as a result of the merger Labor Relations Act, unions ``salt'' employers throughout the course of the many hearings of these three separate foreign service organi- by sending agents into non-union workplaces on ``salting'' and during floor debate last March zations which held the same ideals and similar under the guise of seeking employment. that this legislation overturns the Supreme membership requirements. The mission of the These ``salts'' often try to harm their employ- Court's decision in NLRB v. Town & Country VFW is to support and further the interests of ers or deliberately increase costs through var- Electric, Inc. However, in fact, the Act rein- United States veterans. Membership in the ious actions, including sabotage and frivolous forces the narrow holding of Town & Country. VFW is available to all US citizens, honorably discrimination complaints with the NLBR. If an The Court held only that paid union organizers discharged from the armed forces, who have employer refuses to hire the ``salt,' the union can fall within the literal statutory definition of earned an overseas campaign medal. Currently, the VFW has a membership of files unfair labor practice charges. Alter- ``employee'' contained in Section 2(3) of the 2.1 million. In addition to assisting veterans natively, if the ``salts'' are hired by the em- NLRA. The Court did not address any other ployer, they often attempt to persuade bona with numerous issues the organization is in- legal issues, but the effect of the decision is volved with national programs such as the fide employees of the company to sign cards to uphold policies of the NLRB which subject supporting the union. The union agents also Americanism Program. This program provides employers to unwarranted union harassment materials and information, sponsors events often look for other reasons to file unfair labor and frivolous complaints. practice charges, solely to impose undue legal and promotes activities which are designed to The Act does not change the definition of stimulate interest in American's history and costs on the employer. ``employee'' or ``employee applicant'' under the The stark reality is that ``salting'' puts com- tradition, institutions of civic responsibility and NLRA, it simply would change the Board's en- patriotism. panies out of business and destroys jobs. forcement of Section 8 ``salting'' cases by de- A key element of VFW involvement is com- Clearly, the drafters of the 1935 National claring that employers may refuse to hire indi- munity service. The organization sponsors Labor Relations Act did not intend this result. viduals who are not at least half motivated to programs benefitting education, the environ- The Act was not intended as a device to cir- work for the employer. So long as even a paid ment, health services, civic pride, and commu- cumvent the will of employees, to strangle union organizer is at least 50 percent moti- nity betterment. VFW is also the sponsor of businesses into submission to further a vated to work for the employer, he or she can- Voice of Democracy, a national audio essay union's objectives, or to put non-union employ- not be refused a job pursuant to the Act. competition which annually provides more the ers out of business.'' One construction com- This bill establishes a test which does not $2.7 million in college scholarships to high pany testified before the subcommittee that it seek to overrule Town & Country and does school students across the nation. In addition, had to spend more than $600,000 in legal not infringe upon the legitimate rights of bona members work with a variety of youth organi- fees from one salting campaign, with the aver- fide employees and employee applicants to or- zations including Junior and Special Olympics age cost per charge of more than $8,500. Be- ganize on behalf of unions in the workplace. and the Boy Scouts of America. The organiza- yond legal fees, one employer testified, ``it Indeed, the Supreme Court's holding that an tion is also active in drug awareness and would be impossible to put a dollar amount on individual can be the servant of two masters at missing children efforts. the pain and suffering caused by the stress of the same time is similarly left untouched. In The VFW raises money for needy veterans the situation to a small company like ours who fact, it is the acknowledgment that an appli- and their families through the Buddy Poppy does not have the funds to fight these cant may in fact be split in motivation between program. More than 17 million Poppies are charges.'' an employer and a union that gives rise to the sold each year, generating funds for the na- Thus, under current law, an employer must need for examining an applicant's motivationÐ tional veterans service program, relief for local choose between two unpleasant options: ei- a ``primary purpose'' test that the NLRB gen- veterans and their families and the VFW Na- ther hire a union ``salt'' who is there to disrupt eral counsel and courts will apply. tional Home. the workplace and file frivolous charges result- In closing, Mr. Speaker, forcing employers My fellow colleagues, please join me in hon- ing in costly litigation, or deny the ``salt'' em- to hire union business agents or employees, oring the VFW's 100th anniversary and its ployment and risk being sued for discrimina- who are primarily intent on disrupting or even members who have bravely risked their lives tion under the NLRA. destroying employers' businesses, does not to serve the United States. CONGRESSIONAL RECORD — Extensions of Remarks E677 TRIBUTE TO HARRY BAKER One of the most notable advocates of children also a member of the American Association of and leaders of child care policy, Ms. Psychiatric Services for Children and the city HON. GEORGE RADANOVICH Bemporad died Saturday, March 20, 1999. of Dallas Health and Human Services Com- OF CALIFORNIA She was 64 years old. mission. Mr. Speaker, I join the parents and children IN THE HOUSE OF REPRESENTATIVES She is known throughout Texas, and our Nation as the leading and chief theoretician of the 30th Congressional District in paying Thursday, April 15, 1999 with the child care group here in Dallas. The tribute to Ms. Sonya Bemporad. Like trees, Mr. RADANOVICH. Mr. Speaker, I rise child care group is an innovative non-profit or- children cannot grow without a seed. Ms. today to pay tribute to Harry Baker on the oc- ganization that operates day-care centers, Bemporad was indeed a seed that allowed casion of his retirement from the Madera manages public subsidies for child care in many children to grow and reach new heights. County Board of Supervisors. Harry attended north Texas, conducts training for child-care f workers and provides other services. She was his last board meeting on December 15, 1998, IN HONOR OF MONTACHUSETT the group's senior vice president at the time of after 12 years of dedicated service. GIRL SCOUT COUNCIL GOLD Harry Baker was born in Eastern Madera her death. AWARD RECIPIENTS County over 70 years ago. As a veteran of While Congress is still debating on pro- World War II, Harry was a first hand witness posals to improve the safety, quality and deliv- to the most turbulent time in the history of the ery of child care, Ms. Bemporad worked dur- HON. JAMES P. McGOVERN twentieth century. Today Harry is a life mem- ing her entire life to find new ways to care for OF MASSACHUSETTS ber and Past Post Commander of Veterans of children. She was on the cutting-edge with her IN THE HOUSE OF REPRESENTATIVES Foreign Wars, Post 8753 and a life member of design of the child-care group's ``relationship- Thursday, April 15, 1999 the American Legion. Thanks to the GI Bill, centered child care'' approach. This approach Mr. MCGOVERN. Mr. Speaker, I rise today Harry was able to go to college and finish his advocated a small, family-like environment to acknowledge the accomplishments of thir- education, he is a graduate of the University and interaction with one ``constant caregiver.'' teen outstanding young women of my District of California, Berkeley. Mr. Speaker, Ms. Bemporad's methods are who have been selected as recipients of the Harry has been successful not only in poli- so widely accepted and acknowledged that Girl Scout Gold Award. These thirteen recipi- tics, but also in business. In addition to serv- First Lady Hillary Rodham Clinton visited one ents from the Montachusett Girl Scout Council ing as President and Chairman of the board of of the day care centers in Dallas that the in Worcester, Massachusetts are: Kendra Sierra Tel Tronics, he also serves as Presi- group operates. Beauvais, Diana Brink, Sarah Broders, dent and Chairman of the Board of Sierra On February 20, 1998, the First Lady toured Donnielle Crossman, Michelle Curtis, Bridget Telephone, Sierra Cellular, Sierra Tel Logic, the Martin Luther King, Jr. Child Development Donahue, Laura Gallant, Asavari Kamerkar, Sierra Tel Internet, Sierra Telephone Long Center with me, witnessing first hand, Ms. Mary-Elizabeth Morgan, Jennifer Distance, Sierra Tel Tronics Business Center, Bemporad's model. Ms. Bemporad's model on Mummenthey, Sarah Potty, and Bridget Strom. Sierra Tel Tronics Business Systems, El Do- child-care is so effective that the First Lady I am pleased to be able to acknowledge rado Cellular, and ST Air Services. Harry has showcased it nationwide as she worked with their accomplishments in service to their com- operated Sierra Telephone, one of the area's the President to travel throughout the country munity. largest employers, for over 48 years. Harry and across the world to visit child-care facili- f has taken the company through remarkable ties that work for children and their parents. IN HONOR OF THE CLEVELAND growth, increasing in size from 200 customers Mr. Speaker, the year before, Ms. SLOVAK DRAMATIC CLUB and 4 employees, to 20,000 customers and Bemporad's success was featured on ABC's 230 employees. Harry was a founding mem- World News Tonight with Peter Jennings as a ber of the Western Rural Telephone Associa- solution to the Nation's child-care crisis. In ad- HON. DENNIS J. KUCINICH tion and served as its president in 1967, he's dition, the child-care group founded the Sonya OF OHIO been on the Board of Directors for 14 years. Bemporad chair for relationship-centered child IN THE HOUSE OF REPRESENTATIVES Despite a busy work schedule, Harry makes care. A position she had stewardship over Thursday, April 15, 1999 time for many worthwhile community activities. until her passing. Mr. KUCINICH. Mr. Speaker, today I rise in He's a Life Member of the Madera County These accolades are testimonials to her honor of the 50th anniversary of the Cleveland Historical Society and was appointed to the commitment to children. She deserves that Slovak Dramatic Club. The Cleveland Slovak Madera District Fair Board by former Governor recognition and more, Mr. Speaker. Many chil- Dramatic Club is a vital part of the Cleveland George Deukmejian. Harry is a Charter Mem- dren are better cared for, receive more atten- area as it encourages Slovak youth to be loyal ber of the Gateway Yosemite Elks Lodge, and tion and are surrounded by providers who Americans and to be active and proud of their a member of the Sierra Oakhurst Lions Club. have an interest in their long-term well-being. Slovak heritage. Harry is also an example to youth, he is a Cub Due to her efforts, many children in an ``rela- Throughout its 50 years of existence, The Scout and Boy Scout Troop Leader as well as tionship-centered child care environment'' usu- Cleveland Slovak Dramatic Club (C.S.D.C.) a 4±H Leader. ally score higher on reading and language has been involved in many activities to help Mr. Speaker, I rise today to pay tribute to tests in public schools than their peers. the Slovak community in the Cleveland area. Harry Baker, on the occasion of his retirement Countless children who will produce and During the first 10 years of the C.S.D.C., it ac- from the Madera County Board of Supervisors. achieve in classrooms throughout the city of tively sponsored various Slovak cultural activi- Supervisor Baker has been a devoted public Dallas, the State of Texas, and our Nation ties such as live stage plays which were per- servant during his 12 years of service. I urge have Ms. Bemporad to thank. She could not formed throughout the Cleveland area. Profits all of my colleagues to join me in wishing develop such an approach if she did not pos- from these cultural events went to aid Slovak Harry Baker many years of continued success. sess the time and desire to know children and refugees who had escaped persecution in Slo- f what makes them function. This innate sense vakia and were dispersed throughout Europe. of Ms. Bemporad's is what helps make chil- The events raised over $20,000 which was REGARDING THE PASSING OF MS. dren successful and cared for. She influenced donated from the club to aid refugees. SONYA BEMPORAD OF DALLAS her peers to subscribe to this method, moving In addition to C.S.D.C.'s cultural plays, the away from simply studying and analyzing chil- club also provided live cultural programs on HON. EDDIE BERNICE JOHNSON dren. She influenced them to accommodate Christmas and Easter holidays on Cleveland's OF TEXAS and fashion learning environments to children Slovak radio. IN THE HOUSE OF REPRESENTATIVES and their most pressing needs. C.S.D.C. members have become very active However, Mr. Speaker, this is a part of a in all Slovak movements and activities in var- Thursday, April 15, 1999 long career in attending and addressing to the ious Slovak Clubs, fraternal and social organi- Mr. EDDIE BERNICE JOHNSON of Texas. needs of children. Over the last 25 years, she zations such as, Slovak League of America, Mr. Speaker, Prime Minister Winston Churchill lent her talents and heart to other child-care Slovak World Congress, First Slovak Catholic once said ``There is no finer investment for organizations. The Dallas county child welfare Union, and many others. It is through their any community than putting milk into babies.'' and the Dallas County Mental Health and help and activity in these organizations, that I believe that Ms. Sonya Bemporad of Dal- Mental Retardation Agencies all benefited Slovak heritage, culture and Slovak frater- las lived by these words and committed her from her sage advice, unlimited compassion nalism have prospered and grown for many time, energy and soul to investing in children. and concern for children. In addition, she was years. E678 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 My fellow colleagues, please join me in hon- IN HONOR OF MR. JOSEPH the mortgage interest tax deduction that oring the Cleveland Slovak Dramatic Club for CUNDARI FOR HIS DEDICATION makes it possible for millions of American fam- their years of service to the Slovak community TO HARRISON AND TO HUDSON ilies participate in the American Dream. of the Cleveland area. COUNTY COMMUNITY COLLEGE Today, when Americans are paying taxes f and we debate changing the tax code, we need to be vigilant to protect the part of the HONORS LISETTE BERNIER- HON. ROBERT MENENDEZ OF NEW JERSEY code that helps millions to improve their lives MCGOWAN FOR OUTSTANDING IN THE HOUSE OF REPRESENTATIVES and secure their future. SERVICE TO THE COMMUNITY Thursday, April 15, 1999 Two-thirds of all American families own their own homesÐa rate that would be impossible HON. ROSA L. DeLAURO Mr. MENENDEZ. Mr. Speaker, I rise today without the mortgage interest deduction. OF CONNECTICUT to recognize the remarkable accomplishments Homeownership is essential to the strength of Mr. Joseph Cundari for his contributions to IN THE HOUSE OF REPRESENTATIVES and vitality of America, providing a foundation Harrison and Hudson County Community Col- Thursday, April 15, 1999 of family security, stability and prosperity. Our lege. communities are strengthened because of the Through his vast knowledge of engineering Ms. DeLAURO. Mr. Speaker, I am pleased pride of ownership and the vested interest and his devotion to the community in which he to rise today to honor the fine work and out- homeowners have in their neighborhoods. was raised, Mr. Cundari has dedicated his life standing public service of Lisette Bernier- So today, let us vow to protect the mortgage to the betterment of Harrison, NJ. From serv- McGowan. Lisette is well deserving of our interest tax deduction, and help to guarantee ing as Vice President of the West Hudson commendation after thirty years of service to a strong future for American families and com- the New Haven public school system and Hospital Association, 1958±1962, to serving as Vice President of the Harrison Board of munities. community. f Lisette was raised and educated in Puerto Education, 1991±1996, Mr. Cundari consist- Rico, and upon her arrival in Connecticut rec- ently gave his time, energy, and resources in THE INTRODUCTION OF THE ognized the need for greater bilingual edu- order to improve his surroundings. WORKING AMERICANS WAGE Using his degree in civil engineering from cation in our schools. She earned two Masters RESTORATION ACT Manhattan College, Mr. Cundari began his Degrees at Southern Connecticut State Uni- long career of serving his country and his versity, in Modern Foreign Languages and El- community by enlisting in the United States HON. GEORGE R. NETHERCUTT, JR. ementary Bilingual Education, and set out to Army. As Master Sergeant and Chief of Engi- OF WASHINGTON build a system of increased diversity within the neer Operations Section of the 341st Engineer IN THE HOUSE OF REPRESENTATIVES public school curriculum and community. For Regiment, Mr. Cundari was instrumental in the Thursday, April 15, 1999 more than two decades she has given her construction of the Alaska Military Highway time and expertise for the good of New Haven and in the reconstruction of railroad bridges Mr. NETHERCUTT. Mr. Speaker, this week, young people. devastated by WWII in France, Belgium, and most Americans will pay their federal income Her knowledge in bilingual and english as a Germany. tax. In total, individuals will spend about 1.7 second language programs is highly regarded After leaving the military, Mr. Cundari re- billion hours to try to comply with the tax code. by other leaders in this field. She has served turned to Harrison and was named Town En- Businesses will spend 3.4 billion hours. That is on the Commissioner's Task Force on Bilin- gineer by the New Jersey Engineering Depart- equivalent to a ``staff'' of 3 million people gual Education, the Superintendent's Task ment and Department of Construction Inspec- working full-time, year-round, just on taxes. Force for Excellence in Education, the Yale tion. From March 1946 through the present, For Washington State residents, the average Study Groups on Bilingual Education and Cul- Mr. Cundari prepared plans and specifications total tax burden will rise from $10,307 in 1997 tural Bias. for all public works projects involving the con- to $10,634, making Washington the state with Most recently she has served as Director of struction of new water mains, sanitary and the tenth highest per capita tax burden. two innovative education programs. The Bilin- storm sewers, and street improvements. Our colleague in the Senate, Senator JOHN gual Science Project is a comprehensive In addition to his work to improve the infra- ASHCROFT, and I believe this is too much, that three-year teacher training program on effec- structure of Harrison, Mr. Cundari was a lead- working Americans know better how to spend tive strategies for the integration of science er on the issue of safety. He was proactive in their money than the Government does. So I and language acquisition. The BRIDGE formulating the police, fire alarm, and traffic am pleased today, with Senator ASHCROFT to Project is a reform effort in three New Haven signals for the town of Harrison. introduce the Working Americans Wage Res- elementary schools in New Haven designed to Since 1990, Mr. Cundari has served on the toration Act. provide rigorous literacy development. While Hudson County Community College Board of The bill will eliminate the double taxation on leading these efforts, she concurrently served Trustees. Under his leadership as Chair of the the employee's share of the Social Security as Chair of the New Haven Public Schools Facilities Committee, the college initiated payroll tax. It would not affect the Social Secu- Task Force on Bilingual Education. Her com- plans for campus development in Journal rity Trust Fund in any way. mitment to this issue has lead to real progress SquareÐan integral area in my district. His Over the last 50 years, the Social Security in developing and implementing sound bilin- expertise and work for the college have been employer-employee payroll tax has grown gual education policy and curriculum. so essential to the growth of the college that from 2% to 15%. As a result, almost three- Several local organizations have honored he was named the HCCC's first trustee emer- quarters of all families now pay more in total her consistent leadership in the community. itus by the Board of Chosen Freeholders. Social Security payroll taxes than they pay in Among her achievements, Lisette has been Mr. Cundari's efforts exemplify leadership income taxes. These payroll taxes are inher- awarded the Bilingual Director of the Year, the and dedication to both the town of Harrison ently unfair because workers are taxed twice Connecticut Latinas in Leadership Award, and Hudson County Community College. For on the same income. Americans are taxed first LULAC Award for Leadership in Education, these tremendous contributions to New Jersey as a portion of their gross income for federal and the YMCA Women in Leadership award. and his example as a public servant, I am income tax purposes and a second time for We are not the first to recognize Lisett's con- very happy to honor Mr. Cundari for his their contribution to the Social Security Trust tribution, but I am proud to take this oppor- achievements. I salute and congratulate him Fund. tunity to join others in our community to honor on his extraordinary accomplishments. By allowing workers to deduct their share of this talented woman. f Social Security contributions from their federal Mr. Speaker, it is an honor for me to rise HOMEOWNERSHIP—LIVING THE taxes, the Working Americans Wage Restora- today and join with family, friends, and the AMERICAN DREAM tion Act will eliminate this double taxation and City of New Haven to pay tribute to Lisette allow the workers who generated the eco- Bernier-McGowan for outstanding service to nomic growth to keep more of the money they our community. She has truly left a positive HON. BOB FILNER earn. OF CALIFORNIA mark on New Haven that will benefit our Currently, businesses and employers are IN THE HOUSE OF REPRESENTATIVES schools and our young people for years to permitted to deduct their share of the payroll come. Educator, leader, and friend, Lisette's Thursday, April 15, 1999 tax as a business expense, but workers are exceptional commitment and dedication have Mr. FILNER. Mr. Speaker, and colleagues, I not. Individuals should have this same oppor- made her a model to which we can all aspire. rise today in support of homeownership and tunity. My legislation would provide the same CONGRESSIONAL RECORD — Extensions of Remarks E679 benefit to individuals that businesses already and helped to redesign the Crown College The Joint Committee on Taxation has deter- enjoy. core course. Crown College is naming its col- mined that the Religious Freedom and Peace I urge my colleagues to support the Working lege service award after him. In addition, an Tax Fund legislation is a slight revenue raiser. Americans Wage Restoration Act. endowment has been established in his name The bill will not reduce military spending. It f to support the research of environmental stud- simply will allow thousands more Americans to ies at UCSC. pay their taxes in good conscience. IN HONOR OF PATRICK SWEENEY Terence also worked as an environmental f consultant, researching American Indian Law HON. DENNIS J. KUCINICH and U.S. environmental policy. He was a long- VFW VOICE OF DEMOCRACY WINNING ESSAY FROM HAWAII OF OHIO time advocate for indigenous people and IN THE HOUSE OF REPRESENTATIVES worked with Native American tribes while he was a student. His passions for working with Thursday, April 15, 1999 HON. PATSY T. MINK marginalized cultures lead him in 1997, to the OF HAWAII Mr. KUCINICH. Mr. Speaker, I rise today to U'wa people in Colombia where he and two IN THE HOUSE OF REPRESENTATIVES honor Mr. Patrick Sweeney for 35 years of companions were on a mission to preserve Thursday, April 15, 1999 public service. the culture of the U'wa Indians. Mr. Sweeney began his career as a legis- The U'wa Tribe is fighting a battle to defend Mrs. MINK of Hawaii. Mr. Speaker, I have lator in 1967 in the Ohio House of Represent- their rights and traditional territory. Ever dedi- the great honor to request permission to insert atives. In 1974 he was elected Assistant Ma- cated to the fight for indigenous rights, Ter- in the CONGRESSIONAL RECORD the text of the jority Leader. Four years later he was elected ence willingly put aside concern for his own winning essay from Hawaii entitled ``My Serv- as chair of the Education Section and as Vice safety and went to an area with one of the ice to America,'' by Carmen M. Herlihy, in the Chairman of the House Finance and Appro- highest rates of documented human rights 1998±99 VFW Voice of Democracy Scholar- priations Committee. In 1984, Mr. Sweeney abuses, where violence, kidnappings and exe- ship Competition. was named Majority Whip. He later served as cutions are part of everyday life. No one out- MY SERVICE TO AMERICA Minority Leader of the Ohio House where he side Colombia did more for the U'wa people (By Carmen Herlihy) left in 1996 to serve as State Senator of the than did Terence. It was a little over two hundred years ago 23rd District. Mr. Sweeney currently serves as Terence helped to establish the U'wa De- that a tremendous thing happened. Freedom an advisor and co-professor at Cleveland fense Working Group and lived life passion- was born. The birth of the United States State University. ately. His fight will be continued by fellow ac- Constitution was perhaps one of the most Mr. Sweeney achieved many accomplish- tivists, and Terence will be missed by all of important occurrences in our country’s his- ments for the Cleveland area while in office. those whose lives he touched. The loss of his tory. In that mother of freedom there sprung He brought millions of state dollars home for young, vibrant life, is a tragedy for the whole a child of the future, the Bill of Rights. various projects, including the renovation of world. The global humanitarian effort has suf- These 10 amendments have been the fered greatly with the passing of Terence backbone of the growth of modern society. Playhouse Square and Cleveland State Uni- People have lived in the comfort of knowing versity's 17±18th Street Project, which in- Freitas. that they will always be there, for they have cluded a new law library and a new business f always been there. But as the population school building. Mr. Sweeney has also been INTRODUCTION OF THE RELIGIOUS continues to grow, and differences in culture have sprung up, perhaps the existence of the supportive of the arts and theaters in the FREEDOM PEACE TAX FUND BILL downtown area. freedom that we as citizens have taken for Patrick has been a dear friend, colleague granted will slowly be taken right out of our HON. JOHN LEWIS patriotic hand. and mentor for many years. I have tremen- It would be a lie to say that we live in a dous respect for him as a legislator. I was OF GEORGIA IN THE HOUSE OF REPRESENTATIVES country that grants us complete freedom. very pleased that he succeeded me as State After all, complete freedom would lead to Senator of the 23rd District when I was elect- Thursday, April 15, 1999 chaos. Therefore laws were created to pro- ed to Congress. It gives me great pleasure to Mr. LEWIS of Georgia. Mr. Speaker, one of tect the well-being of all citizens. But we are publicly recognize the achievements of Mr. the fundamental liberties of our country is free- privileged enough to live in a country that Sweeney. dom of religion. The right to exercise our reli- allows us to voice our opinions freely, wor- My fellow colleagues, please join me in hon- gious beliefs free of government coercion. The ship in what we choose, and defend ourselves when necessary. oring Patrick Sweeney for his 35 years of Pub- Federal Government must not force a citizen As I watch television broadcast of the un- lic Service. He will be saluted for his achieve- to act against his or her religious beliefs. fortunate occurrences in places such as ments at a dinner by the Cuyahoga County Because of their strong religious convic- Kosovo, where people as young as children Democratic Party. tions, some Americans do not pay their taxes. are being killed; Northern Ireland, were a 300 f They do not pay their taxes because their reli- year old conflict has yet to solved and China gion forbids them from supporting war. Seven- where oppression is not openly accepted, but IN HONOR OF TERENCE FREITAS teen cents out of every tax dollar received by expected by all, I thank the spirits of our the Federal Government is spent on the mili- founding fathers for their bravery and loy- alty in the belief that a country that enables HON. SAM FARR tary. its citizens to grow, is a country that must OF CALIFORNIA This military spending is inconsistent with be formed. IN THE HOUSE OF REPRESENTATIVES the religious beliefs of hundreds and thou- We as citizens of this great land have an sands of Americans. Because of their strong Thursday, April 15, 1999 obligation to fulfill; that obligation is to live beliefs, these people would rather disobey out our reputation as being the land of op- Mr. FARR of California. Mr. Speaker, I rise their government than disobey their God or portunity and freedom, equality for all. It is today to honor the memory of Terence Freitas. their beliefs. As a disciple of Ghandi and Dr. a journey we must make in order to continue Terence was kidnapped in Colombia on Feb- Martin Luther King, Jr.'s, preachings on non- the tradition of freedom and basic human ruary 25th, and slain while working on behalf violence, I understand the difficult choice rights. The first of many battles is at hand. of the rights of indigenous people. As a hu- On November third 19 hundred and ninety these Americans face. eight, a choice will have to be made by the manitarian and environmentalist, he leaves be- That is why I am introducing this legislation. citizens of a small state floating in the mid- hind a legacy of activism and passion that in- The Religious Freedom Peace Tax Fund dle of the pacific ocean. Many people will spires us all. would allow religious and conscientious objec- vote on that issue without fully under- Terence graduated from the University of tors to pay their taxes without violating their standing the concept its carries out. To some California at Santa Cruz in 1997 with a dual religious beliefs. These taxpayers would have it means savings the idea of traditional mar- degree in biology and environmental studies. their tax payments placed in the Religious riage, to other it means saving the constitu- He was a conservation biologist and policy an- Freedom Peace Tax Fund. Money from this tion of the United States. Whatever the alyst, with extensive field experience in tem- fund could not be spent for military purposes. truth may be, another issue lies beneath the surface, one that many people would rather perate and tropical rainforests. While at the Religious objectors would be assured that overlook. It is question of freedom. University of California at Santa Cruz, Terence their tax payment would not increase military Homosexuality. A word often said beneath was an active member of the community. He spendingÐthat paying taxes would not violate ones breath. The thing about the word homo- was involved in numerous campus activities their religious beliefs. sexuality that always amused me was the E680 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 fact that people were afraid to say the word, der pain, as well as damaging hand and arm tember 1982. After being promoted to the rank fearing almost that was a contagious condi- conditions that can result from computer over- of Lieutenant in 1991, he was assigned to En- tion. It’s safe to assume that a majority of use. Occupational therapists improve the ef- gine 264 where he continues to protect the the United States population disagrees with ‘‘Alternative’’ lifestyles. But does that mean fectiveness and health of businesses and their people of the Rockaways from harm's way. that it acceptable to deny a group of people employees. Firefighters 1st Grade Gregory Ruggiero, the basic human rights they are entitled to? In recognition of the critical role these indi- Steven Incarnato, Brian Gallagher, and Eu- Have we learned nothing from the people of viduals play in supporting the American work- gene Gentile are well known for their heroism segregation that our country had endured force, I salute the 60,000 members of the and dedication to the people of the not so long ago? There were people, such as American Occupational Therapy Association Rockaways. These brave men routinely place Martin Luther King Jr., who were brave during their special month of April. their own lives at risk in order to protect their enough to stand up and demand the freedom f friends and neighbors. that African-Americans were entitled to. Police Officers George Von Bartheld, Jason There were the struggles women had endured IN HONOR OF RENAMING THE Gaertner, Cory Fink, Scott Rodriquez, and in order to gain their right to an abortion. WADE PARK VA MEDICAL CEN- Lucion Herriot have each made an exceptional We live in a country that grants its citizens TER FOR LOUIS STOKES basic human rights that are necessary in contribution towards the reduction of crime in order to live, freedom to be ones own person. the Rockaways and have enhanced commu- Should we deny those freedoms to people HON. DENNIS J. KUCINICH nity safety. In addition, the members of the who are different from ourselves? We have no OF OHIO Transit Borough Queens Detective Squad, right to impose our beliefs onto other people, IN THE HOUSE OF REPRESENTATIVES lead by Sgt. Scott Guginsky, have helped nor does anyone have the right to deny the Thursday, April 15, 1999 make our subways a safer place to travel. beliefs of another. If we do so, we will only Each of these officers have proved them- be stepping back into our journey toward the Mr. KUCINICH. Mr. Speaker, I rise today to United States our founding fathers had envi- selves to be valuable assets to both the Police recognize the renaming of the Cleveland VA Department and the people of the Rockaways. sioned. Medical Center to the Louis Stokes Cleveland As citizens of this great country, we all All of today's honorees have long been have our service to America. But the free- Department of Veterans Affairs Medical Center known as innovators and beacons of good will dom instilled in the United States grants us and the dedication of the new parking garage. to all those with whom they come into contact. the right to chose what that is. My service to Louis Stokes is not only a military veteran of Through their dedicated efforts, they have America is to uphold the belief that all men World War II, but he is also a veteran of near- each helped to improve my constituents' qual- are created equal. My service to America is ly two decades of public service to the people ity of life. In recognition of their many accom- to ensure that I will never be in the position of Cleveland in the House of Representatives, plishments on behalf of my constituents, I offer of oppressing another group of people. My and a maker of history. During his time in service to America is to inform the genera- my congratulations on their being honored by Congress, he was considered the dean of the the Rockaway Chamber of Commerce. tion to follow of the importance of freedom. Ohio Congressional Delegation. My service to America is to never forget his- f torical struggles. My service to America is Louis Stokes was the first African-American to never forget that I live in America, the from Ohio to win a seat in Congress on No- INTRODUCTION OF LEGISLATION land of the free. vember 6, 1968. He has impressed all who TO EXTEND AND IMPROVE THE Carmen M. Herlihy is a senior attending have known and worked with him with his NATIONAL WRITING PROJECT Baldwin High School on the island of Maui. commitment, erudition and patience. He has She hopes to enter New York University this been a political mentor to me, and I have HON. GEORGE G. MILLER fall to pursue a career in the theater or writing. known and appreciated his abiding loyalty, OF CALIFORNIA good advice and friendship for many years. f IN THE HOUSE OF REPRESENTATIVES Louis Stokes is also widely respected for his Thursday, April 15, 1999 SALUTE TO OCCUPATIONAL broad knowledge of veterans affairs and THERAPY MONTH health issues. It is very fitting, therefore, that Mr. GEORGE MILLER of California. Mr. the Cleveland VA Medical Center be renamed Speaker, I am pleased today to join my col- HON. LOUISE McINTOSH SLAUGHTER the Louis Stokes Cleveland Department of league Congressman WICKER in introducing Veterans Affairs Medical Center. legislation to extend and improve the National OF NEW YORK My fellow colleagues, please join me in con- Writing Project. IN THE HOUSE OF REPRESENTATIVES gratulating our former colleague, Louis Stokes, The knowledge and skill of a child's teacher Thursday, April 15, 1999 as he accepts this great honor. is the single most important factor in the qual- f ity of his or her education. The National Writ- Ms. SLAUGHTER. Mr. Speaker, in today's ing Project is a nationwide program that works business world, maintaining a productive work- ROCKAWAY CHAMBER OF COM- to improve student writing abilities by improv- force is a vital function. Workplace injuries se- MERCE HOSTS BRAVEST AND ing the teaching of writing in the nation's riously hamper the efficiency of both the em- FINEST LUNCHEON schools. ployer and the employee. Workers hurt on the The National Writing Project serves a re- job need assistance in returning to their posi- markable number of teachers and students on tions and aid in preventing future injuries. Oc- HON. ANTHONY D. WEINER OF NEW YORK an exceptionally small budget. cupational therapists have long been in the IN THE HOUSE OF REPRESENTATIVES In academic year 1997±98, the National forefront of providing these vital services to Writing Project trained 181,402 teachers and companies and their workers. Thursday, April 15, 1999 administrators nationwide through 157 writing April 1 marked the beginning of Occupa- Mr. WEINER. Mr. Speaker, I rise today to project sites in 46 states, Washington, DC, tional Therapy Month. I would like to take this invite my colleagues to pay tribute to the and Puerto Rico. It has served two million opportunity to hail the men and women who Rockaway Chamber of Commerce on the oc- teachers and administrators over the last 25 serve as occupational therapists, including, I casion of it's Bravest & Finest Luncheon. years. am proud to note, my own daughter. The members of the Rockaway Chamber of For every federal dollar received, the Na- Occupational therapists are skilled in task Commerce have long been known for their tional Writing Project raises $6.93 in matching analysis and ergonomics. They advise busi- commitment to community service and to en- grants. This makes the National Writing nesses on cost-effective ways to reduce the hancing the quality of life for all New York City Project one of the most cost-effective edu- likelihood of worker disability. Occupational residents. cational programs in the country. therapists work to prevent injury by modifying This luncheon is not only a festive hap- Furthermore, a national staff of only two work areas, teaching techniques to alleviate pening, it is a chance for all of us to celebrate people administers the National Writing physical discomfort, and developing equipment and pay tribute to a group of individuals who Project. The use of limited federal funds to le- to simplify work. As the computer becomes have dedicated their lives to protecting their verage large private investments is the most more integrated in the daily lives of Ameri- friends and neighbors. This year's honorees efficient way to use the budgeted funds avail- cans, the occupational therapist can advise on truly represent the best of what our community able for the greatest possible return. how to set up a computer workstation that al- has to offer. The National Writing Project works. For ex- lows healthy computing. Using the right equip- Lieutenant Carl Trincone was appointed to ample, in Chicago, students of National Writ- ment and posture can prevent neck and shoul- the New York City Fire Department in Sep- ing Project teachers have shown significantly CONGRESSIONAL RECORD — Extensions of Remarks E681 higher gains on the Illinois Goals Assessment Dr. Travis' insight, experience, and hard igible for these programs. Section 154 of the Program writing tests when compared to stu- work while serving on Kentucky's Task Force Social Security Amendments of 1994 (P.L. dent performance citywide. In an urban Sac- on Health Care Access and Affordability 103±432) directed the Secretary of HHS to ob- ramento, California high school, student per- proved invaluable in achieving our goals of re- tain all information necessary from newly-eligi- formance on local writing assessments rose forming health care in Kentucky, attempting to ble Medicare beneficiaries to determine their from lowest to highest in the district after an undo the damage well-intentioned but ill-con- eligibility for these programs and to transmit influx of National Writing Project teachers to sidered government intervention had done. this information to individual states. the school, and college enrollment among this The Commonwealth owes much to Dr. Travis Medicare provides health insurance cov- school's senior class rose 400%. for his efforts on this task force. erage to nearly 39 million Americans. Costs The National Writing Project has received Dr. Travis has given much back to his pro- are shared by the government and the individ- similarly impressive results all across this fession as well. His tireless involvement in uals. Medicare Part AÐhospitalizationÐis paid country. In fact, the National Writing Project State and national professional societies has through the federal payroll tax. But premiums has received glowing reviews from the Car- improved the standards of medical care. Dr. for Medicare Part BÐfor doctor's billsÐare negie Corporation of New York, the National Travis' colleagues have recognized these con- paid by beneficiaries through a deduction from Council of Teacher Education, the Council for tributions with numerous awards, including the their Social Security payments. Many seniors Basic Education, and independent evaluators. Congress of Neurological Surgeons' Distin- also buy so-called Medigap policies to take The national Writing Project is efficient, guished Service Award, the Kentucky Medical care of costs not paid by Medicare. cost-effective and successful. I look forward to Association's Service to Mankind Award, the The cost of Medicare Part B premiums, working with my colleagues in enacting this Fayette County Medical Society's Jack Trevey which are $45.50 per month this year, can be important legislation. Award for his leadership role in the Kentucky a burden for low-income elderly. f Physician Care Program, and the Physician's The poorest of the elderly can get help pay- Recognition Award. ing their premiums through Medicaid. But IN HONOR OF DR. RUSSELL L. On behalf of my colleagues in the United many seniors who are not quite at the poverty TRAVIS States House of Representatives, I congratu- level still have trouble paying this cost. So late and commend Dr. Russell Travis on his Congress established two programs, the HON. ERNIE FLETCHER exemplary service for not only the people of Qualified Medicare Beneficiary program, or OF KENTUCKY Kentucky, but for his contributions to the field QMB, and the Specified Low Income Medicare IN THE HOUSE OF REPRESENTATIVES of neurological surgery, from which the entire Beneficiary program, (SLMB). Thursday, April 15, 1999 Nation benefits. QMB began in 1986 and is aimed at Medi- f care beneficiaries below the federal poverty Mr. FLETCHER. Mr. Speaker, I rise to call level. It pays Medicare premiums, deductibles GAO FINDS 43% OF ELIGIBLE to the attention of my colleagues in the House and coinsurance. MEDICARE BENEFICIARIES NOT of Representatives the distinguished career of SLMB, started in 1993, requires state Med- RECEIVING LOW-INCOME PRO- Russell L. Travis, MD, a neurological surgeon icaid programs to pay Part B premiums, but TECTION from Lexington, Kentucky, and a good friend. not deductibles or coinsurance. It is aimed at After a lifetime commitment of service to his those with incomes below 120 percent of the patients, his profession, his community, and to HON. JIM McDERMOTT federal poverty level. the people of the Commonwealth of Kentucky, OF WASHINGTON We introduced our bill to ensure that quali- it is fitting that Dr. Travis be recognized by this IN THE HOUSE OF REPRESENTATIVES fied and needy seniors can take advantage of body as he completes his term as president of Thursday, April 15, 1999 these programs. Essentially, what their bill the American Association of Neurological Sur- Mr. MCDERMOTT. Mr. Speaker, com- would do is automatically enroll qualifying sen- geons. plicated administrative procedures, difficult and iors in the programs. Born in Jenkins, Kentucky, a small Appa- lengthy application forms and even the reluc- The GAO report also stated that many po- lachian community, Dr. Travis attended Centre tance to visit a welfare office are keeping mil- tential recipients don't even know the pro- College in Danville, and received his medical lions of low-income seniors from receiving grams exist. degree from the University of Louisville. Fol- Medicare benefits designed just for people like The report noted, ``The persistence of rel- lowing his residency at the Medical College them, according to a new report from the Gen- atively low enrollment in the QMB and SLMB Hospital of South Carolina, Dr. Travis returned eral Accounting Office. programs suggests that enhanced outreach or to Lexington to begin his practice as a neuro- The GAP report I requested with Represent- simplified enrollment processes would be help- logical surgeon. ative PETE STARK found that 43 percent of the ful in reaching a larger share of eligible low- One of Dr. Travis' most outstanding con- elderly poor are not enrolled in Medicare's income Medicare beneficiaries.'' tributions has been his commitment to ensur- programs to assist them with their health-care Our legislation would go a step further and ing that all Kentucky citizens have access to costs. The federal agency said of the 5.1 mil- ensure that Medicare beneficiaries actually re- affordable, quality health care. As both an ad- lion elderly who qualify for the assistance, ceive the benefits to which they are entitled. vocate for change at a legislative level and as about 2.2 million were not enrolled. f a volunteer in the field, his efforts are widely My view is that GAO's findings that the high IT IS TIME TO SERVE OUR known and appreciated. Almost every week percentage of Medicare beneficiaries who are VETERANS for the past 25 years, Dr. Travis has traveled eligible, but not actually enrolled in the pro- hundreds of miles to see patients in places grams is alarming, and warrants Congres- where you wouldn't normally find a neuro- sional action. HON. JERRY MORAN surgeonÐtowns like Whitesburg or Hazard, These are people in our society who need OF KANSAS Kentucky, where adequate medical attention is help the most. Often they are women, single, IN THE HOUSE OF REPRESENTATIVES in short supply. What's more, he enlisted oth- living alone, and over 80 years old. We need Thursday, April 15, 1999 ers in service to his vision, playing a key role to adequately take care of our mothers, grand- in the formation of Kentucky Physicians Care, mothers and aunts, rather than force them to Mr. MORAN of Kansas. Mr. Speaker, I am a group of physicians who volunteer their endure a gauntlet of administrative forms and glad to rise in support of legislation I intro- services to provide free medical care to the long lines at the welfare agency. duced on March 25, 1999, that will give more less fortunate in their communities. This na- The GAO report cited a lack of outreach to veterans the freedom to choose where they tional recognized program was the first all-vol- get people into the program, complex adminis- receive medical care. Under current law, the unteer, nongovernment-sponsored statewide trative rules, and the reluctance of some sen- VA does not generally treat a non-service con- program of its kind in the country. To ensure iors to visit a welfare office as part of the rea- nected Medicare-eligible veteran because they its success, Dr. Travis traveled to every part of son for lack of enrollment. have no way to recover the full cost of doing the State at his own expense, encouraging his To correct these problems, Representatives so. With this legislation, a Medicare-enrolled colleagues to participate. And what a success STARK and BERRY and I today introduced leg- veteran could go to their VA for care and it has beenÐsince 1985 more than 300,000 islation to automatically enroll eligible bene- Medicare would reimburse the VA at a fixed Kentucky citizens have received needed med- ficiaries into the programs. rate. This Medicare subvention legislation al- ical attention from Dr. Travis' physician volun- It's clear that Congress has failed to ensure lows the Department of Veterans Affairs to es- teers. that we reach out to Medicare beneficiaries el- tablish a three year demonstration project at E682 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 up to 10 sites around the country to test Medi- This legislation is necessary to eliminate the Field hospitals set up by Israel have already care reimbursements to the VA. While a pilot system of tax breaks, subsidies and other poli- helped to successfully deliver 7 babies born to project for Department of Defense Medicare cies given to wealthy special interests by the Kosovar refugees. In Israel on Monday, 17 Subvention was enacted into law in 1997, the federal government. Time magazine estimates families of Kosovar refugeesÐthe first of hun- VA's Pilot Project was not. that corporate welfare costs American tax- dreds yet to comeÐarrived to a warm wel- This legislation is budget neutral. It caps payer $625 billion every five years. Foreign come led by Prime Minister Benjamin Medicare payments to the VA at $50 million Sales Corporations (FSCs), which give tax Netanyahu and his wife Sara. annually. HHS and VA will monitor this project breaks to corporations who transport American Among those that arrived on Monday were from beginning to end in order to study its ef- jobs overseas, alone account for $1.7 billion Lamia Jaka, the daughter of righteous gentiles fectiveness in giving more veterans access to each year. Dervish and Servet Kurkut of Kosovo, and her VA health care. Last month, this legislation My bill, similar to one introduced in the husband Vlaznim. Lamia's parents saved both passed in the Senate. Now is the time for the 105th Congress, takes aim at the worst exam- Jews and religious texts during the Holocaust. House to act on this issue. ples of corporate welfare in the federal budget, David Berkowitz of Neveh Ilan, whose mother The second part of this bill would take steps including FSCs, special tax treatment of alco- was saved by Lamia's parents who hid her at to ensure that the Department of Defense hol fuels, the Market Access Program, the Ex- their home, was on hand for a tearful reunion. health care coverage, Tricare, is accessible port Enhancement Program, and federal fund- These acts are very important to me. They and patient-friendly through improved business ing of forest roads for logging. The bill also in- say that the lessons of the Holocaust need to practices and by meeting industry standards. cludes a lock-box mechanism to ensure that be taught forever. I am thankful for the oppor- In 1993, the Department of Defense restruc- all savings and revenue go directly toward re- tunity I have to commemorate the lives lost in tured its health care program in order to main- ducing the public debt. the Holocaust and for the opportunity I have in tain beneficiary access to high quality care This bill would save more than $33 billion facing the crisis in Kosovo to honor human life while containing cost. Implementation of this over five years by ending corporate welfare by acting to preserve it. program has been difficult as force reduction programs and reforming others. Because this I was touched by the remarks Eli Wiesel de- and base closures have resulted in fewer mili- legislation is limited to the most egregious ex- livered this week at the White House which tary treatment facilities and medical personnel. amples, my bill is a litmus test for anyone who are included below. I would urge my col- There is still much to be done to ensure ac- is serious about ending corporate welfare. In leagues to take the time to read them because cess to Tricare's 8 million beneficiaries made short, this bill puts the best interest of our citi- they serve as testimony to our necessary in- up of active service members, their families, zensÐa balanced budget, jobs, education, volvement in the NATO operation taking place and retirees. and a clean environmentÐahead of handouts in Kosovo. This legislation directs the Department of to huge corporations and wealthy special inter- Mr. WIESEL. Mr. President, Mrs. Clinton, Defense to take several steps to ensure that ests. members of Congress, Ambassador Tricare is similar to the health care coverage Consequently, I urge my colleagues to co- Holbrooke, Excellencies, friends: Fifty-four available to all other federal employees; that it sponsor and support the Corporate Responsi- years ago to the day, a young Jewish boy from a small town in the Carpathian Moun- ensure portability of benefits from region to re- bility Act of 1999. gion; and that it improve patient management. tains woke up, not far from Goethe’s beloved f Changes in this bill will improve Tricare for Weimar, in a place of eternal infamy called beneficiaries, providers, and contractors. Iden- Buchenwald. He was finally free, but there HOLOCAUST COMMEMORATION was no joy in his heart. He thought there tical legislation was passed last month in the AND KOSOVO never would be again. Senate and it is time the House did the same. Liberated a day earlier by American sol- Those who have served in our military de- HON. JANICE D. SCHAKOWSKY diers, he remembers their rage at what they serve accessible health care without the red saw. And even if he lives to be a very old OF ILLINOIS tape. man, he will always be grateful to them for This bill also encourages the Veterans Ben- IN THE HOUSE OF REPRESENTATIVES that rage, and also for their compassion. efits Administration to review its policies and Thursday, April 15, 1999 Though he did not understand their lan- procedures in reviewing claims; initiate nec- guage, their eyes told him what he needed to Ms. SCHAKOWSKY. Mr. Speaker, my re- know—that they, too, would remember, and essary actions to process claims in a con- marks today come at a time of great signifi- bear witness. sistent and timely manner; and report to the cance to the Jewish community and the inter- And now, I stand before you, Mr. Presi- Congress on measures taken to improve proc- national community. This week we observed dent—Commander-in-Chief of the army that essing time. Processing claims through the the days of remembrance, a commemoration freed me, and tens of thousands of others— VBA, including veterans disability ratings, has of the Holocaust and a tribute to those who and I am filled with a profound and abiding gratitude to the American people. grown increasingly slower over the last few lost their lives. years. A veteran's access to VA health care Gratitude is a word that I cherish. Grati- The Holocaust was a time of such incredible tude is what defines the humanity of the often depends on these decisions. We should horror that it is often not taught to the young human being. And I am grateful to you, Hil- not put a veteran's health care needs on hold and some, because of how disturbing it can lary—or Mrs. Clinton—for what you said, and because of paperwork delays. be, choose not to speak of it. I accept it as my for what you are doing for children in the I commend our veterans for their courage in duty to educate others about the atrocities of world, for the homeless, for the victims of in- defending our nation's values and freedoms. the past so that they may never again occur. justice, the victims of destiny and society. They have served their country to the fullest The Holocaust was a disgraceful chapter in And I thank all of you for being here. extent, and it is time to serve our veterans. We are on the threshold of a new century, the history of humankind. The fact that the a new millennium. What will the legacy of f world stood by and watched, is something that this vanishing century be? How will it be re- INTRODUCTION OF CORPORATE I will never understand. What I will do, what membered in the new millennium? Surely it RESPONSIBILITY ACT OF 1999 the world must do, is to promise that these will be judged, and judged severely, in both crimes against humanity will never again be moral and metaphysical terms. These fail- HON. PETER J. VISCLOSKY tolerated. ures have cast a dark shadow over humanity: Today, our responsibility is again subject to two World Wars, countless civil wars, the OF INDIANA a test. With the crisis in Kosovo, and the all senseless chain of assassinations—Gandhi, IN THE HOUSE OF REPRESENTATIVES the Kennedys, Martin Luther King, Sadat, too familiar images of families being packed Thursday, April 15, 1999 Rabin—bloodbaths in Cambodia and Nigeria, into boxcars, bodies being discovered, and or- India and Pakistan, Ireland and Rwanda, Mr. VISCLOSKY. Mr. Speaker, today I intro- phaned children crying, the Jewish community Eritrea and Ethiopia, Sarajevo and Kosovo; duced the Corporate Responsibility Act of is painfully reminded of the suffering we have the inhumanity in the gulag and the tragedy 1999 which will save an estimated $33 billion sworn to prevent. of Hiroshima. And, on a different level, of in corporate welfare over the next five years. I would also like to take this opportunity to course, Auschwitz and Treblinka. So much This bill eliminates or reforms twelve federal commend the people of Israel for realizing the violence, so much indifference. What is indifference? Etymologically, the programs that currently use billions of tax- relationship between the suffering in Kosovo word means ‘‘no difference.’’ A strange and payer dollars to subsidize corporate America. and the suffering in the history of the Jews. In unnatural state in which the lines blur be- Three years ago, Congress reduced welfare the first ten days of Operation Allied Forces, tween light and darkness, dusk and dawn, for individuals and families. Now it is time to Israeli citizens donated over one million dollars crime and punishment, cruelty and compas- do the same for corporations. toward refugee relief efforts in the Balkans. sion, good and evil. CONGRESSIONAL RECORD — Extensions of Remarks E683 What are its courses and inescapable con- to intervene. They would have spoken out again will the deportation, the terrorization sequences? Is it a philosophy? Is there a phi- with great outrage and conviction. They of children and their parents be allowed any- losophy of indifference conceivable? Can one would have bombed the railways leading to where in the world? Will it discourage other possibly view indifference as a virtue? Is it Birkenau, just the railways, just once. dictators in other lands to do the same? necessary at times to practice it simply to And now we knew, we learned, we discov- What about the children? Oh, we see them keep one’s sanity, live normally, enjoy a fine ered that the Pentagon knew, the State De- on television, we read about them in the pa- meal and a glass of wine, as the world around partment knew. And the illustrious occupant pers, and we do so with a broken heart. Their us experiences harrowing upheavals? of the White House then, who was a great fate is always the most tragic, inevitably. Of course, indifference can be tempting— leader—and I say it with some anguish and When adults wage war, children perish. We more than that, seductive. It is so much pain, because, today is exactly 54 years see their faces, their eyes. Do we hear their easier to look away from victims. It is so marking his death—Franklin Delano Roo- pleas? Do we feel their pain, their agony? much easier to avoid such rude interruptions sevelt denied on April the 12th, 1945, so he is Every minute one of them dies of disease, vi- to our work, our dreams, our hopes. It is, very much present to me and to us. olence, famine. Some of them—so many of after all, awkward, troublesome, to be in- No doubt, he was a great leader. He mobi- them—could be saved. volved in another person’s pain and despair. lized the American people and the world, And so, once again, I think of the young Yet, for the person who is indifferent, his or going into battle, brining hundreds and thou- Jewish boy from the Carpathian Mountains. her neighbors are of no consequence. And, sands of valiant and brave soldiers in Amer- He has accompanied the old man I have be- therefore, their lives are meaningless. Their ica to fight fascism, to fight dictatorship, to come throughout these years of quest and hidden or even visible anguish is of no inter- fight Hitler. And so many of the young peo- struggle. And together we walk towards the est. Indifference reduces the other to an ab- ple fell in battle. And, nevertheless, his new millennium, carried by profound fear straction. image in Jewish history—I must say it—his and extraordinary hope. (Applause.) Over there, behind the black gates of image in Jewish history is flawed. I conclude on that. Auschwitz, the most tragic of all prisoners The depressing tale of the St. Louis is a were the ‘‘Muselmanner,’’ as they were case in point. Sixty years ago, its human f called. Wrapped in their torn blankets, they cargo—maybe 1,000 Jews—was turned back IF IT AIN’T BROKE, DON’T FIX IT would sit or lie on the ground, staring va- to Nazi Germany. And that happened after cantly into space, unaware of who or where the Kristallnacht, after the first state spon- they were, strangers to their surroundings. sored pogrom, with hundreds of Jewish shops HON. BOB SCHAFFER They no longer felt pain, hunger, thirst. destroyed, synagogues burned, thousands of OF COLORADO They feared nothing. They felt nothing. people put in concentration camps. And that IN THE HOUSE OF REPRESENTATIVES They were dead and did not know it. ship, which was already on the shores of the Rooted in our tradition, some of us felt United States, was sent back. Thursday, April 15, 1999 that to be abandoned by humanity then was I don’t understand. Roosevelt was a good not the ultimate. We felt that to be aban- man, with a heart. He understood those who Mr. SCHAFFER. Mr. Speaker, if it isn't bro- doned by God was worse than to be punished needed help. Why didn’t he allow these refu- ken, don't fix it. If it works, don't break it. by Him. Better an unjust God than an indif- gees to disembark? A thousand people—in I'm referring to the Social Security debate. ferent one. For us to be ignored by God was America, a great country, the greatest de- Currently, some in Congress are looking at harsher punishment than to be a victim of mocracy, the most generous of all new na- proposals to prevent the program's anticipated His anger. Man can live far from God—not tions in modern history. What happened? I outside God. God is wherever we are. Even in bankruptcy 32 years from now. In order to buy don’t understand. Why the indifference, on the system a couple more years of financial suffering? Even in suffering. the highest level, to the suffering of the vic- In a way, to be indifferent to that suffering solvency, some of our colleagues are consid- tims? is what makes the human being inhuman. In- But then, there were human beings who ering levying a new tax on state and local gov- difference, after all, is more dangerous than were sensitive to our tragedy. Those non- ernment employees who are currently covered anger and hatred. Anger can at times be cre- Jews, those Christians, that we called the by their own pension plans. They want to ative. One writes a great poem, a great sym- ‘‘Righteous Gentiles,’’ whose selfless acts of phony, have done something special for the force newly-hired state and local government heroism saved the honor of their faith. Why sake of humanity because one is angry at the employees who would otherwise enjoy inde- were they so few? Why was there a greater injustice that one witnesses. But indifference pendent pension and disability programs with effort to save SS murderes after the war is never creative. Even hatred at times may good returns to participate in Social Security than to save their victims during the war? elicit a response. You fight it. You denounce Why did some of America’s largest cor- which offers neither security nor a good in- it. You disarm it. Indifference elicits no re- porations continue to do business with Hit- vestment opportunity. sponse. Indifference is not a response. If that isn't bad enough, by mandating new Indifference is not a beginning, it is an ler’s Germany until 1942? It has been sug- end. And, therefore, indifference is always gested, and it was documented, that the state and local employees into Social Security, the friend of the enemy, for its benefits the Wehrmacht could not have conducted its in- they will short-circuit state and local programs aggressor—never his victim, whose pain is vasion of France without oil obtained from by shutting down the capital stream necessary magnified when he or she feels forgotten. American sources. How is one to explain to maintain current benefit levels. Mandating their indifference? The political prisoner in his cell, the hungry Social Security will, in essence, break what children, the homeless refugees—not to re- And yet, my friends, good things have also happened on this traumatic century: the de- isn't broken while failing to fix what is. spond to their plight, not to relieve their sol- Mr. Speaker, 5 million state and local em- itude by offering them a spark of hope is to feat of Nazism, the collapse of communism, exile them from human memory. And in de- the rebirth of Israel on its ancestral soil, the ployees and 2 million retirees are covered by nying their humanity we betray our own. demise of apartheid, Israel’s peace treaty alternative plans. In Ohio, Colorado, California, Indifference, then, is not only a sin, it is a with Eqypt, the peace accord in Ireland. And Massachusetts, Nevada, Maine, Alaska, and punishment. And this is one of the most im- let us remember the meeting, filled with Louisiana, over half of all state employees are portant lessons of this outgoing century’s drama and emotion, between Rabin and covered by their own plans. In Texas and Illi- Arafat that you, Mr. President, convened in wide-ranging experiments in good and evil. nois over 1 million employees are covered In the place that I come from society was this very place. I was here and I will never composed of three simple categories: the forget it. under state and local plans. Every state is im- killers, the victims, and the bystanders. Dur- And then, of course, the joint decision of pacted because about 75 percent of all public ing the darkest of times, inside the ghettoes the United States and NATO to intervene in safety employees are not covered under So- and death camps—and I’m glad that Mrs. Kosovo and save those victims, those refu- cial Security. In Colorado there are more than Clinton mentioned that we are now com- gees, those who were uprooted by a man 200,000 state, education, and local govern- memorating that event, that period, that we whom I believe that because of his crimes, ment employees who are outside of the fed- should be charged with crimes against hu- are now in the Days of Remembrance—but eral retirement system. then, we felt abandoned, forgotten. All of us manity. But this time, the world was not si- did. lent. This time, we do respond. This time, we These state and local disability and pension And our only miserable consolation was intervene. systems were developed because the original that we believed that Auschwitz and Tre- Does it mean that we have learned from Social Security Act of 1937 excluded state and blinka were closely guarded secrets; that the the past? Does it mean that society has local governments from Social Security cov- leaders of the free world did not know what changed? Has the human being become less erage. This was to avoid raising a possible was going on behind those black gates and indifferent and more human? Have we really Constitutional question of whether the federal learned from our experiences? Are we less in- barbed wire; that they had no knowledge of government could tax state and local govern- the war against the Jews that Hitler’s ar- sensitive to the plight of victims of ethnic mies and their accomplices waged as part of cleansing and other forms of injustices in ments. Congress later amended the law to the war against the Allies. places near and far? Is today’s justified make state and local government employee If they knew, we thought, surely those intervention in Kosovo, led by you, Mr. participation in Social Security voluntary in leaders would have moved heaven and earth President, a lasting warning that never 1950. In 1983, those already participating in E684 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 1999 Social Security were required to remain in the ment plans will experience a reduction in ben- Press Club to women, which finally occurred federal systems. efits when new hire funds are redirected to when Nikita Krushchev spoke at the Club in In the absence of Social Security, Colorado Social Security. In order to make contributions 1959Ðalthough it took another 12 years be- state and local employees developed public to both pension and Social Security plans, fore women were admitted. In the mid-seven- retirement plans which have been able to pro- state and local governments will have to raise ties, she became the National Press Club's vide solid, secure benefits at a reasonable taxes or reduce services, in which case, ev- first female officer; the first female member of cost. The plans earn better investment returns, eryone loses. the 90-year old Grid Iron Club, Washington's through private sector investments, than are Mr. Speaker, the only advantage Congress most exclusive press organization, and in available through the current pay-as-you-go would realize in this scheme would be to buy 1993 was elected its president; and the first Social Security system. With a diversified in- two extra years for Social Security. female officer of the White House Correspond- vestment fund, the state's largest plan has Over the past year, I led the Colorado dele- ents Association. She has received numerous earned an average annual investment return gation to protect state and local government awards for her work in journalism and in 1992, of over 11 percent during the last 25 years. pension and disability plans. Letters I wrote UPI established an internship program in her Furthermore, the plans are designed to expressing our united opposition to mandatory honor to be awarded annually to a female meet the specific needs of public employees. Social Security have reached your desk. Do journalism student. Fire fighter pension plans, for example, are not disregard them or underestimate our re- designed to take into account early retirement solve. At the proud age of 78, she continues to ages, high rates of disability and the need for Congress must preserve the freedom of jump from behind bushes near the White extensive health care characteristic of this pro- states, school districts, and local governments House jogging track to fire questions at Presi- fession. to maintain plans which best meet their needs, dent Clinton during his morning run. And The one-size-fits-all approach of universal independent of Social Security. Social Security Helen is still known for jumping over banquet Social Security coverage would provide inad- can and must be fixed without destroying tables to get to a phone before her competi- equate flexibility for safety workers' needs. plans upon which our constituents depend for tors. At White House press conferences, she Mandatory coverage will have additional con- their retirement. is inevitably the first correspondent to be sequences. Even on a new-hire basis, manda- Mr. Speaker, if it works, don't break it. called on by the President and the last to tory coverage will reduce the capital stream f close with her signature statement, ``Thank necessary for investment. In many plans you, Mr. President.'' WOMEN’S HISTORY MONTH around the country this will cause benefit cut- It is with great honor that the Congressional backs including reduced credit for future serv- SPEECH OF Caucus for Women's Issues bestows the ice, cuts in retiree health care coverage and Women's Leadership Award to a woman of in- cost of living adjustments. HON. JUANITA MILLENDER-McDONALD tegrity, grit and boundless energy. She serves Further, mandatory coverage represents a OF CALIFORNIA as a tremendous role model for millions of new tax and an unfunded federal mandate on IN THE HOUSE OF REPRESENTATIVES women in America. states which would require state and local tax Wednesday, March 24, 1999 increases or a reduction in services for tax- An equally important role model for this payers. Health benefits for retirees would also Ms. MILLENDER-MCDONALD. Mr. Speaker, country is Dorothy Height. Despite reaching be affected in many states. I rise today to pay tribute to the numerous the ripe age of 87 years old, Dr. Height is still Mr. Speaker, private sector workers would women of achievement in this country during considered one of the nation's most influential also be affected. Most states do not receive Women's History Month. I believe true leader- and effective women's leader. She has her any income tax revenue from Social Security ship has no gender, race, age or religion. It master's degree in social work, and has been payments and the lost state revenue resulting consists of dedication, perseverance, hard awarded 23 honorary degrees from various from mandatory coverage would likely be work, compassion, wisdom and a commanding universities, including Harvard University. made up from increased state taxes or budget vision for the future. Some of her most impressive achievements cuts. Tonight I woudl like to honor two women in include her leadership of the YWCA, National In Colorado, the public pension systems will particular who have mastered all of these Council of Negro Women and the Center for be seriously compromised because most of traits despite being faced with seemingly in- Racial Justice. the funding of benefit comes from investment surmountable obstacles. As both the Vice During a tragic time of civil unrest, she was income which would be severely cut by the Chair of the Women's Caucus and an active the first Black and first woman named to deal transfer of significant contributions to Social member of the Congressional Black Caucus, I with the Harlem Riots of 1935 and sat at the Security. State retirement funds support Colo- have worked with my colleagues to present table with President Johnson during the civil rado's economy and the nation unlike Social two awards to Helen Thomas and Dorothy rights movement to develop meaningful civil Security funds which simply support other gov- Height during Women's History Month. Since it rights legislation. Dr. Height served as a vocal ernment programs. Reduced state pension in- is important to document the remarkable work and extremely effective leader in the civil vestment means reduced Colorado capital in- of women of such achievement Mr. Speaker, rights movement to address lynching, deseg- vestment. A decline in contributions translates I would like to share with you their stories. regate the armed forces, reform the criminal into less investment in Colorado-based com- Helen Thomas has been the White House justice system and free access to public ac- panies and real estate. Furthermore, when bureau chief of United Press International commodations. She also was the national Colorado retirees receive fewer benefits they (UPI) since 1974. Over the past several dec- president of Delta Sigma Theta Sorority from will pay fewer state income taxes. ades, Helen has covered eight presidents. 1947 to 1956. The potential loss of revenue to the state is She is the first female UPI White House bu- significant, but the loss of retirement contribu- reau chief. Prior to that, over the span of 50 Today, Dr. Height is still viewed as a dy- tions and security for Colorado state and local years, she has been given what she called namic orator who contributes invaluable intel- workers is even more troubling. Our state's ``the big plum'' job of getting doughnuts for re- lectual insight to national discussions on race Public Employees' Retirement Association porters in 1942. She went on to cover exclu- relations, the role of women and a range of (PERA) anticipates an end to plan improve- sively ``female'' subjects for UPI's radio wire, civil rights issues. She has traveled the world ments for current participants and retirees. which was called United Press at the time. to study other cultures and developed a critical New hires would receive a combined Social However, her big break came when she understanding of the role of women in Africa, Security and PERA benefit that would be served as the only print journalist accom- Asia, India and Latin America. She has be- slightly less than three-fourths of the current panying President Nixon when he made his come a living legacy throughout this country PERA benefit. historic trip to China in 1972. Thus was the and abroad. To put it plainly, under mandatory Social rise of Helen Thomas. I am so honored to join my colleague BAR- Security state and local workers will lose out. Helen is considered tough and incisive with BARA LEE in bestowing an award on Dr. Height New hires will lose the opportunity to partici- a keen ability to pierce through issues to find for her unyielding determination to never give pate in financially strong, high-earning retire- the meaning of events. She is also considered up, her enthusiastic, can-do approach to solv- ment plans and they will be forced to partake warm, open, passionate and opinionated. She ing some of the nation's most complex prob- in an inefficient system and receive far less or has been a self-described women's libber lems, and her astute understanding of the possibly nothing at all. Those already partici- since the day she was born and initiated the world that can be created through equality of pating in state and local government retire- campaign to open the doors of the National opportunity for all of humanity. CONGRESSIONAL RECORD — Extensions of Remarks E685 LOCAL CENSUS QUALITY CHECK 1990, Texas lost almost $1.87 billion in federal 300,000 households to measure how many ACT funds. A recent article in The Houston Chron- people were missed. This survey, called the icle estimated that Texas could lose $2.8 bil- Accuracy and Coverage Evaluation or ACE, is SPEECH OF lion if a similar undercount takes place. more efficient and it is a better use of re- In my district in Houston, close to 500,000 sources. It would cover about 85% of all hous- HON. SHEILA JACKSON-LEE people were missed. It is estimated that OF TEXAS ing units in the country, and twice as many 28,554 children in my district were missed. Al- local governments will be included than in IN THE HOUSE OF REPRESENTATIVES most five percent of all African-Americans and 1990. Wednesday, April 14, 1999 Hispanics were not counted in 1990, and these groups constitute almost half of the pop- The Administration has expressed its nega- Ms. JACKSON-LEE of Texas. Mr. Speaker, tive views on H.R. 472. The Census Bureau I rise today in opposition to H.R. 472, the ulation of the city! As Chair of the Congressional Children's has stated that this bill will compromise their Local Census Quality Check Act of 1999. Al- Caucus, the undercount of children is particu- efforts to conduct an accurate count. The De- though this bill purports to increase the in- larly troubling to me. Over 50 percent of all partment of Commerce does not support this volvement of local governments in the census, American children were missed in the census bill and recommended that the President veto it really acts to slow down and delay an accu- count in 1990. This undercount affects all of it if it passes. The President has indicated that rate count. Because the Census is a signifi- the programs that benefit our childrenÐedu- he will follow the advice of the Department of cant civil rights issue, the Census for 2000 cation, health care, housing, childcare, nutri- Commerce and veto this bill. must be accurate to ensure equal representa- tion and immunizations. tion of all Americans. Instead of supporting H.R. 472, I ask that H.R. 472 in its present form will delay the you support the Maloney amendment, offered The methodology of H.R. 472 repeats the census by an additional nine weeks. If we process that was used in 1990Ðthe same by Representative CAROLYN MALONEY, which want to improve our methods, then we cannot gives local governments the ability to remain process that resulted in an undercount of the micro-manage the count after the census is population. The 1990 Census missed 8.4 mil- within the plans developed by the Census Bu- complete, nor should we further delay the re- reau. The Maloney amendment in the form of lion people, 4.4 million people were counted sults by waiting for 39,000 local governments twice and 13 million people were counted in a substitute allows the Census Bureau to de- to review the count. sign programs to address local government the wrong place. The Census Bureau has already developed concerns while not causing a delay in the Although there were various reasons for the a plan that provides for review as the count count. undercount in 1990, a disproportionate num- occurs instead of after the fact. After the Cen- ber of children, people of color and the rural sus of 1990, the Bureau determined that the I urge my colleagues to vote against H.R. and urban poor were most likely to have been Post Census Local Review program was ineffi- 472 and support the Maloney amendment. We missed. Thus, each of these groups was de- cient. Therefore, it has already designed a owe it to the millions of people who were not nied an equal voice in our government. better series of programs and procedures that counted. H.R. 472 will cause an unnecessary Census undercounts translate into commu- will promote local government participation in delay in the census. The Post Census Local nities losing out on federal and state funding a timely and fair way. Review method advocated in this bill did not for schools, crime prevention, health care and In addition to the traditional headcount, the prevent an undercount in 1990, and we must transportation. Because of the undercount in Bureau will conduct an in-depth survey of not make the same mistake for the year 2000. Thursday, April 15, 1999 Daily Digest

HIGHLIGHTS Senate agreed to Conference Report on Congressional Budget. Senate Rescue Mission of Mr. Ivers Sims: Senate agreed Chamber Action to S. Res. 80, congratulating Boyd Clines, Larry Routine Proceedings, pages S3725–S3821 Rogers, and Matt Moseley for their bravery and Measures Introduced: Twenty-one bills and six res- courage in the April 12, 1999, rescue mission of Mr. olutions were introduced, as follows: S. 805–825, Ivers Sims. Page S3819 S.J. Res. 19, S. Res. 77–80, and S. Con. Res. 26. Terry Sanford Federal Building: Senate passed Pages S3776±77 H.R. 911, to designate the Federal building located Measures Passed: at 310 New Bern Avenue in Raleigh, North Caro- lina, as the ‘‘Terry Sanford Federal Building’’, clear- Commending University of Connecticut Men’s ing the measure for the President. Page S3820 Basketball Team: Senate agreed to S. Res. 77, com- Congressional Budget—Conference Report: By mending and congratulating the University of Con- 54 yeas to 44 nays (Vote No. 86), Senate agreed to necticut Huskies for winning the 1999 NCAA the conference report on H. Con. Res. 68, estab- Men’s Basketball Championship. Pages S3756±58 lishing the congressional budget for the United Uniformed Services Filing Fairness Act: By a States Government for fiscal year 2000 and setting unanimous vote of 95 yeas (Vote No. 87), Senate forth appropriate budgetary levels for each of fiscal passed H.R. 1376, to extend the tax benefits avail- years 2001 through 2009. Pages S3725±56 able with respect to services performed in a combat Appointments: zone to services performed in the Federal Republic of Yugoslavia (Serbia/Montenegro) and certain other U.S. Commission on Civil Rights: The Chair, on behalf of the President pro tempore, pursuant to areas, clearing the measure for the President. Public Law 103–419, appointed the following indi- Pages S3764±65 vidual to the United States Commission on Civil Prior to this action, Senate completed consider- Rights: Ellsie M. Meeks of South Dakota. Page S3820 ation of S. 767 (Senate companion measure), to amend the Internal Revenue Code of 1986 to pro- International Sessions Relating to Trade Agree- vide a 2-month extension for the due date for filing ments: The Chair, on behalf of the President pro a tax return for any member of a uniformed service tempore, pursuant to Public Law 100–418, ap- on a tour of duty outside the United States for a pe- pointed the following individuals to serve as Con- riod which includes the normal due date for such fil- gressional advisers on trade policy and negotiations to International conferences, meetings and negotia- ing. Pages S3758±61 Subsequently, S. 767 was placed back on the Sen- tion sessions relating to trade agreements: Senators Roth, Chafee, Grassley, Moynihan, and Baucus. ate calendar. Page S3761 Page S3820 Legal Representation: Senate agreed to S. Res. Nominations Confirmed: Senate confirmed the fol- 78, to authorize representation of Members and offi- lowing nominations: cers of the Senate in the case of Jim Russell v. Albert William J. Hibbler, of Illinois, to be United Gore, et al. Page S3819 States District Judge for the Northern District of Il- Designating Chairman/Joint Economic Com- linois. mittee: Senate agreed to S. Res. 79, designating the Matthew F. Kennelly, of Illinois, to be United Chairman of the Joint Economic Committee for the States District Judge for the Northern District of Il- 106th Congress. Page S3819 linois. Pages S3820±21 D390 April 15, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D391 Nominations Received: Senate received the fol- Joseph Thompson, Under Secretary for Benefits, all lowing nominations: of the Department of Veterans Affairs. Joseph Francis Baca, of New Mexico, to be a APPROPRIATIONS—TREASURY Member of the Board of Directors of the State Jus- tice Institute for a term expiring September 17, Committee on Appropriations: Subcommittee on Treas- 2001. ury and General Government concluded hearings on Robert Nelson Baldwin, of Virginia, to be a proposed budget estimates for fiscal year 2000 for Member of the Board of Directors of the State Jus- the Department of the Treasury, after receiving testi- tice Institute for a term expiring September 17, mony in behalf of funds for their respective activities 2001. from James E. Johnson, Under Secretary for Enforce- 4 Air Force nominations in the rank of general. ment, Raymond W. Kelly, Commissioner of the 1 Army nomination in the rank of general. Customs Service, John W. Magaw, Director, Bureau 32 Navy nominations in the rank of admiral. of Alcohol, Tobacco, and Firearms, Brian L. Stafford, Routine lists in the Marine Corps and Coast Director, United States Secret Service, W. Ralph Guard. Pages S3820±21 Basham, Director, Federal Law Enforcement Training Center, and James F. Sloan, Director, Financial Messages From the House: Page S3775 Crimes Enforcement Network, all of the Department Measures Referred: Pages S3775±76 of the Treasury. Statements on Introduced Bills: Pages S3777±S3814 U.S.-KOSOVO POLICY Additional Cosponsors: Pages S3814±15 Committee on Armed Services: Committee concluded Notices of Hearings: Page S3817 hearings on the United States policy regarding Kosovo, and a revised strategic concept for NATO, Authority for Committees: Pages S3817±18 after receiving testimony from William S. Cohen, Additional Statements: Pages S3818±19 Secretary of Defense; and Henry H. Shelton, USA, Record Votes: Two record votes were taken today. Chairman, Joint Chiefs of Staff. (Total—87) Pages S3756, S3765 RESEARCH AND DEVELOPMENT Adjournment: Senate convened at 9:30 a.m., and INVESTMENTS adjourned at 5:50 p.m., until 12 noon, on Monday, Committee on Commerce, Science and Transportation: Sub- April 19, 1999. (For Senate’s program, see the re- committee on Science, Technology, and Space con- marks of the Acting Majority Leader in today’s cluded hearings to examine the President’s proposed Record on page S3820.) budget request for fiscal year 2000 for research and development, after receiving testimony from Neal Committee Meetings Lane, Assistant to the President for Science and Technology; C. Dan Brand, Federal Laboratory Con- (Committees not listed did not meet) sortium, National Center for Toxicology Research, Jefferson, Arkansas; Albert H. Teich, American As- APPROPRIATIONS—AGRICULTURE sociation for the Advancement of Science, Wash- Committee on Appropriations: Subcommittee on the In- ington, D.C.; and Teri F. Willey, ARCH Develop- terior concluded hearings on proposed budget esti- ment Corporation, University of Chicago, Chicago, mates for fiscal year 2000 for the Forest Service of Illinois. the Department of Agriculture, after receiving testi- mony from James R. Lyons, Under Secretary for ALASKA LANDS Natural Resources and Environment, and Mike Committee on Energy and Natural Resources: Committee Dombeck, Chief, Forest Service, both of the Depart- concluded hearings on the following bills: ment of Agriculture, who were accompanied by sev- S. 501, to address resource management issues in eral of their associates. Glacier Bay National Park, Alaska, after receiving testimony from Donald J. Barry, Assistant Secretary APPROPRIATIONS—VETERANS AFFAIRS of the Interior for Fish, Wildlife and Parks; Alaska Committee on Appropriations: Subcommittee on VA, State Senator Robin Taylor, Robert W. Loescher, HUD, and Independent Agencies concluded hearings Sealaska Corporation, Frank Rue, Alaska Department on proposed budget estimates for fiscal year 2000 for of Fish and Game, Buck Lindekugel, Southeast Alas- the Department of Veterans Affairs, after receiving ka Conservation Council, Dale Kelley, on behalf of testimony from Togo D. West, Jr., Secretary, D. the Alaska Trollers Association and Allied Fishermen Mark Catlett, Deputy Assistant Secretary for Budget, of Southeast Alaska, all of Juneau, Alaska; Jack Kenneth W. Kizer, Under Secretary for Health, and Hession, Sierra Club, Anchorage, Alaska; Marcia D392 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 1999 Frenz-Argust, National Parks and Conservation Asso- Federal Transit Administration, and Ricardo Mar- ciation, Washington, D.C.; and Gerry Merrigan, Pe- tinez, Administrator, National Highway Traffic Safe- tersburg Vessel Owners Association, Petersburg, ty Administration, all of the Department of Trans- Alaska; and portation; Missouri State Representative Joan Bray, S. 744, to provide for the continuation of higher St. Louis, on behalf of the National Conference of education through the conveyance of certain public State Legislatures; Jean Jacobson, Racine County, lands in the State of Alaska to the University of Wisconsin, on behalf of the National Association of Alaska, after receiving testimony from Donald J. Counties; Mayor Kenneth L. Barr, Fort Worth, Barry, Assistant Secretary of the Interior for Fish, Texas, on behalf of the U.S. Conference of Mayors; Wildlife and Parks; Alaska State Senator Robin Tay- Mayor Robert T. Bartlett, Monrovia, California, on lor, and Marc Wheeler, Southeast Alaska Conserva- behalf of the National League of Cities; and Taylor tion Council, both of Juneau, Alaska; and Mark R. R. Bowlden, American Highway Users Alliance, and Hamilton, University of Alaska, and Jack Hession, Roy Kienitz, Surface Transportation Policy Project, Sierra Club, both of Anchorage, Alaska. both of Washington, D.C. PARKS/HISTORIC PRESERVATION/ Hearings recessed subject to call. RECREATION INDIVIDUAL INCOME TAX Committee on Energy and Natural Resources: Sub- Committee on Finance: Committee concluded hearings committee on National Parks, Historic Preservation, on issues relating to the complexity of the individual and Recreation concluded hearings on S. 109, to im- income tax, focusing on the impact of changes to tax prove protection and management of the Chattahoo- law, Alternative Minimum Tax, phase outs, edu- chee River National Recreation Area in the State of cation savings incentives, child and child care credit, Georgia, S. 340, to amend the Cache La Poudre retirement plans, and simplifications proposals, after River Corridor Act to make technical corrections, S. receiving testimony from W. Val Oveson, National 582, to authorize the Secretary of the Interior to Taxpayer Advocate, Internal Revenue Service, De- enter into an agreement for the construction and op- partment of the Treasury; Kathy T. Burlison, H & eration of the Gateway Visitor Center at Independ- R Block, Inc., Kansas City, Missouri; David A. ence National Historical Park, S. 589, to require the Lifson, American Institute of Certified Public Ac- National Park Service to undertake a study of the countants, New York, New York; Gregory L. Loess Hills area in western Iowa to review options Steinbis, Morgan Hill, California, on behalf of the for the protection and interpretation of the area’s National Association of Enrolled Agents; and Wil- natural, cultural, and historical resources, S. 591, to liam J. Wilkins, American Bar Association Section authorize a feasibility study for the preservation of of Taxation, Washington, D.C. the Loess Hills in western Iowa, and H.R. 149, to make technical corrections to the Omnibus Parks BALLISTIC MISSILE THREAT and Public Lands Management Act of 1996, after re- Committee on Foreign Relations: Committee held hear- ceiving testimony from Patricia Beneke, Assistant ings on United States vulnerability to ballistic mis- Secretary for Water and Science, and Katherine Ste- sile attack, focusing on proposed amendments to re- venson, Associate Director, Cultural Resource Stew- vive and expand the Anti-Ballistic Missile Treaty ardship and Partnerships, National Park Service, (Treaty Doc. 92–24), after receiving testimony from both of the Department of the Interior; Roy Rich- Caspar Weinberger, former Secretary of Defense. ards, Jr., Southwire Company, Carolton, Georgia; Hearings recessed subject to call. William W. Moore, Gateway Visitor Center Cor- poration, Philadelphia, Pennsylvania; Maurice Welte, BUSINESS MEETING Loess Hills Alliance, Sergeant Bluff, Iowa; and Shir- Committee on the Judiciary: Committee began mark-up ley Frederiksen, Golden Hills Resource Conservation of S. 625, to amend title 11, United States Code, to and Development, Oakland, Iowa. amend title 11, United States Code, to reform bank- ruptcy law, but did not complete consideration TRANSPORTATION EQUITY ACT thereof, and will meet again on Thursday, April 22. Committee on Environment and Public Works: Sub- committee on Transportation and Infrastructure held INTELLIGENCE oversight hearings on the Department of Transpor- Select Committee on Intelligence: Committee held closed tation’s implementation of the Transportation Equity hearings on intelligence matters, receiving testimony Act for the 21st century, receiving testimony from from officials of the intelligence community. Kenneth R. Wykle, Administrator, Federal Highway Committee will meet again on Wednesday, April Administration, Gordon J. Linton, Administrator, 21. April 15, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D393 House of Representatives the treatment of both prisoners of war and innocent Chamber Action civilians. Agreed to amend the title. Pages H2101±04 Bills Introduced: 46 public bills, H.R. 1427–1472; Agreed to the Gilman amendment to strike all 1 private bill, H.R. 1473; and 3 resolutions, H. after the resolving clause and insert a new text and Con. Res. 86–87 and H. Res. 141, were introduced. agreed to the Gilman amendment to strike the pre- Pages H2130±32 amble and insert a new text. Pages H2103±04 Reports Filed: No reports were filed today. Meeting Hour—Monday, April 19: Agreed that Guest Chaplain: The prayer was offered by the when the House adjourns today, it adjourn to meet guest Chaplain, Rev. Dr. Rodney H. Travis. at 2 p.m. on Monday, April 19. Page H2104 Page H2057 Meeting Hour—Tuesday, April 20: Agreed that Constitutional Amendment for Tax Limitations: when the House adjourns on Monday, it adjourn to The House failed to pass H.J. Res. 37, proposing an meet at 12:30 p.m. on Tuesday, April 20 for morn- amendment to the Constitution of the United States ing-hour debate. Page H2104 with respect to tax limitations by a yea and nay vote Calendar Wednesday: Agreed that the business in of 229 yeas to 199 nays, Roll No. 90, with 2/3 re- order under the Calendar Wednesday rule be dis- quired for passage. Pages H2068±98 pensed with on April 21. Page H2104 H. Res. 139, the rule that provided for consider- Senate Messages: Message received by the Senate ation of the joint resolution was agreed to earlier by today appears on page H2057. a voice vote. Pages H2061±68 Quorum Calls—Votes: Two yea and nay votes de- Tax Benefits for Military Personnel: The House veloped during the proceedings of the House today passed H.R. 1376, to extend the tax benefits avail- and appear on pages H2097–98 and H2101. There able with respect to services performed in a combat were no quorum calls. zone to services performed in the Federal Republic of Yugoslavia (Serbia/Montenegro) and certain other Adjournment: The House met at 10:00 a.m. and areas by a yea and nay vote of 424 yeas with none adjourned at 6:35 p.m. voting ‘‘nay’’, Roll No. 91. Pages H2098±H2101 Earlier, agreed by unanimous consent to consider Committee Meetings H.R. 1376; that the amendment recommended by WATERSHED PROJECTS the Committee on Ways and Means now printed in the bill be considered as adopted; and to lay H. Res. Committee on Agriculture: Subcommittee on General 140 on the table. Page H2098 Farm Commodities, Resource Conservation, and Credit held a hearing regarding Bexar-Medina- Fiftieth Anniversary of NATO: The House agreed Atascosa Counties Small Watershed Project and to H. Con. Res. 81, permitting the use of the ro- H.R. 728, The Small Watershed Rehabilitation tunda of the Capitol for a ceremony in honor of the Amendments of 1999. Testimony was heard from Fiftieth Anniversary of the North Atlantic Treaty Representative Bonilla; Danny D. Sells, Associate Organization (NATO) and welcoming the three Chief, Natural Resources Conservation Service, newest members of NATO, the Republic of Poland, USDA; and public witnesses. the Republic of Hungary, and the Czech Republic, into NATO. Pages H2101±02 COMMERCE, JUSTICE, STATE, AND JUDICIARY APPROPRIATIONS Honoring the Crew of the U.S.S. Alabama: The House agreed to H. Res. 123, recognizing and hon- Committee on Appropriations: Subcommittee on Com- oring the crewmembers of the U.S.S. Alabama merce, Justice, State, and Judiciary held a continued (BB–60) and the U.S.S. Alabama Crewmen’s Associa- appropriations hearing. Testimony was heard from tion. Page H2102 Members of Congress. The Subcommittee also held a hearing on NOAA. Military Personnel Detained by the Government Testimony was heard from D. James Baker, Under of Yugoslavia: The House agreed to H. Con. Res. Secretary, Oceans and Atmosphere, Department of 83, expressing the sense of the Congress that the Commerce. Government of the Federal Republic of Yugoslavia and its President Slobodan Milosevic release the DISTRICT OF COLUMBIA APPROPRIATIONS three illegally detained United States servicemen and Committee on Appropriations: Subcommittee on the abide by the Geneva Convention protocols regarding District of Columbia held a hearing on Fiscal Year D394 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 1999 2000 D.C. Budget and on the Mayor’s Short-term TRENDS IN MONEY LAUNDERING Action Plan. Testimony was heard from Alice Committee on Banking and Financial Services: Sub- Rivlin, Chair, D.C. Financial Responsibility and committee on Financial Institutions and Consumer Management Assistance Authority; and the following Credit and the Subcommittee on General Oversight officials of the District of Columbia: Anthony A. and Investigations held a joint hearing on Trends in Williams, Mayor and Linda W. Cropp, Council Money Laundering. Testimony was heard from the Chair. following officials of the Department of the Treas- ury: Elisabeth Bresee, Assistant Secretary, Enforce- FOREIGN OPERATIONS APPROPRIATIONS ment; and Bonni G. Tischler, Assistant Commis- Committee on Appropriations: Subcommittee on Foreign sioner, Office of Investigations, U.S. Customs Serv- Operations, Export Financing and Related Programs ice; the following officials of the Department of Jus- held a hearing on the Secretary of State. Testimony tice: Mary Lee Warren, Deputy Assistant Attorney was heard from Madeleine Albright, Secretary of General, Criminal Division; and Jodi Avergun, As- State. sistant U.S. Attorney, Eastern Division of New York; Donald Clemmer, Assistant Attorney General, INTERIOR APPROPRIATIONS State of Texas; and public witnesses. Committee on Appropriations: Subcommittee on Interior HOMELESS HOUSING PROGRAMS continued appropriation hearings, with emphasis on CONSOLIDATION AND FLEXIBILITY ACT Native Americans. Testimony was heard from public witnesses. Committee on Banking and Financial Services: Sub- committee on Housing and Community Develop- LABOR-HHS-EDUCATION ment approved for full Committee action amended APPROPRIATIONS H.R. 1073, Homeless Housing Programs Consolida- Committee on Appropriations: Subcommittee on Labor, tion and Flexibility Act. Health and Human Services, and Education contin- BOND PRICE COMPETITION ued hearings on appropriations. Testimony was heard IMPROVEMENT ACT from public witnesses. Committee on Commerce: Subcommittee on Finance and Hazardous Materials approved for full Committee ac- VA-HUD-INDEPENDENT AGENCIES tion H.R. 1400, Bond Price Competition Improve- APPROPRIATIONS ment Act of 1999. Committee on Appropriations: Subcommittee on VA, HUD and Independent Agencies continued appro- TRANSPLANTATION—INCREASE ORGAN priations hearings. Testimony was heard from Mem- SUPPLY bers of Congress. Committee on Commerce: Subcommittee on Health and Environment held a hearing on Putting Patients NATO MILITARY OPERATIONS First: Increasing Organ Supply for Transplantation. Committee on Armed Services: Held a hearing on Testimony was heard from public witnesses. NATO military operations against the Republic of IMPEDIMENTS TO UNION DEMOCRACY Yugoslavia. Testimony was heard from the following Committee on Education and the Workforce: Sub- officials of the Department of Defense: William S. committee on Employer-Employee Relations held a Cohen, Secretary; and Gen. Henry H. Shelton, USA, hearing on ‘‘Impediments to Union Democracy: De- Chairman, Joint Chiefs of Staff. partment of Labor Enforcement of Rank-and-File ENERGY LABORATORIES— Rights and the Boilermakers Union’’. Testimony was COUNTERINTELLIGENCE PROBLEMS heard from Bernard Anderson, Assistant Secretary, Employment Standards, Department of Labor; and Committee on Armed Services: Subcommittee on Mili- public witnesses. tary Procurement held a hearing on recent counter- intelligence problems at Department of Energy lab- OLDER AMERICANS ACT AMENDMENTS oratories. Testimony was heard from the following Committee on Education and the Workforce: Sub- officials of the Department of Energy: Notra Trulock committee on Postsecondary Education, Training, III, Special Advisor, Intelligence Activities; Ernest J. and Life-Long Learning held a hearing on H.R. 782, Moniz, Under Secretary; and Edward J. Curran, Di- Older Americans Act Amendments of 1999. Testi- rector, Office of Counterintelligence; and Elizabeth mony was heard from Jeanette Takamura, Assistant Molter, former Deputy Secretary, Department of En- Secretary, Aging, Department of Health and Human ergy. Services; and Raymond Uhalde, Deputy Assistant April 15, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D395 Secretary, Employment and Training Administration, garding the treatment of both prisoners of war and Department of Labor. innocent civilians. The Committee also held a hearing on The Child TAX REFORM IN THE STATES Survival and Infectious Disease Program: Achieve- Committee on Government Reform: Continued hearings ments and Challenges for the Future. Testimony was on Tax Reform in the States, Part 2, of a series on heard from Barbara Turner, Senior Deputy Assistant National Problems, Local Solution: Federalism at Administrator, Bureau for Global Programs, AID, Work. Testimony was heard from George Pataki, U.S. International Development Cooperation Agency; Governor, State of New York. Carol Bellamy, Executive Director, UNICEF; and public witnesses. DISTRICT OF COLUMBIA COLLEGE ACCESS ACT STRATEGIC PETROLEUM RESERVE— Committee on Government Reform: Subcommittee on the PROPOSALS TO PARTIALLY FILL District of Columbia approved for full Committee Committee on Resources: Subcommittee on Energy and action amended H.R. 974, District of Columbia Col- Mineral Resources held an oversight hearing on the lege Access Act. Administration’s proposal to utilize 28 million bar- rels of federal royalty oil to partially fill the Strategic ‘‘CLINTON-GORE v. THE AMERICAN Petroleum Reserve. Testimony was heard from Rick TAXPAYER’’ Furiga, Deputy Assistant Secretary, Strategic Petro- Committee on Government Reform: Subcommittee on leum Reserve, Department of Energy; and Walter National Economic Growth, Natural Resources and Cruickshank, Associate Director, Policy and Manage- Regulatory Affairs and the Subcommittee on Gov- ment Information Improvement, Mineral Manage- ernment Management, Information, and Technology ment Service, Department of the Interior. held a joint hearing on ‘‘Clinton-Gore v. The Amer- ican Taxpayer’’. Testimony was heard from Charles OVERSIGHT—MIGRATORY BIRD HUNTING O. Rossotti, Commissioner, IRS, Department of the REGULATIONS Treasury; the following officials of the GAO; Nye Committee on Resources: Subcommittee on Fisheries Stevens, Director, Federal Management and Work- Conservation, Wildlife and Oceans held an oversight force Issues; and James R. White, Director, Tax Pol- hearing on migratory bird hunting regulations to in- icy and Administrations Issues; Deidre A. Lee, Act- crease the harvest of Mid-Continent light geese. Tes- ing Director, Management, OMB; Anne F. Thomson timony was heard from Representatives Peterson of Reed, Chief Information Office, USDA; and public Minnesota and Pickering; John Rogers, Deputy Di- witnesses. rector, U.S. Fish and Wildlife Service, Department of the Interior; and public witnesses. MISCELLANEOUS MEASURES; CHILD SURVIVAL AND INFECTIOUS DISEASE NATIONAL HISTORIC PRESERVATION PROGRAM FUND AUTHORIZATION Committee on International Relations: Ordered reported Committee on Resources: Subcommittee on National amended H.R. 1211, Foreign Relations Authoriza- Parks and Public Lands held a hearing on H.R. 834, tion Act, Fiscal Years 2000 and 2001. to extend the authorization for the National Historic The Committee also favorably considered the fol- Preservation Fund. Testimony was heard from Dele- lowing measures and adopted a motion urging the gate Norton; Robert Stanton, Director, National Chairman to request that they be considered on the Park Service, Department of the Interior; and public Suspension calendar: H.R. 1379, Western Hemi- witnesses. sphere Drug Elimination Technical Corrections Act; H. Res. 128, amended, condemning the murder of NOAA BUDGET AUTHORIZATION human rights lawyer Rosemary Nelson and calling REQUESTS for the protection of defense attorneys in Northern Committee on Science: Subcommittee on Energy and Ireland; H. Con. Res. 54, amended, recognizing the Environment held a hearing on Fiscal Year 2000 historic significance of the first anniversary of the Budget Authorization Request: NOAA Fleet Main- Good Friday Peace Agreement; and H. Con. Res. 83, tenance and Planning, Aircraft Services and NOAA amended, expressing the sense of the Congress that Corps. Testimony was heard from the following offi- the Government of the Federal Republic of Yugo- cials of the Department of Commerce: Bob Taylor, slavia and its President Slobodan Milosevic release Acting Deputy Director, NOAA Corps Operations; the three illegally detained United States servicemen and George Ross, Assistant Inspector General, Au- and abide by the Geneva Convention protocols re- dits; and public witnesses. D396 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 1999 MELISSA VIRUS Commissioner, Policy, FDA, Department of Health Committee on Science: Subcommittee on Technology and Human Services; and a public witness. held a hearing on The Melissa Virus: Inoculating SOCIAL SECURITY TRUSTEES’ REPORT Our Information Technology from Emerging Committee on Ways and Means: Subcommittee on So- Threats. Testimony was heard from Raymond cial Security held a hearing on the 1999 Social Secu- Kammer, Director, National Institutes of Standards rity Trustees’ Report. Testimony was heard from the and Technology, Department of Commerce; Michael following public members of the Social Security A. Vatis, Director, National Infrastructure and Pro- Board of Trustees: Stephen G. Kellison; and Marilyn tection Center, FBI, Department of Justice; Keith Moon. Rhodes, Technical Director, Office of the Chief Sci- entist, GAO; and a public witness. f BEACHES ENVIRONMENTAL ASSESSMENT, CONGRESSIONAL PROGRAM AHEAD CLEANUP, AND HEALTH ACT; Week of April 19 through April 24, 1999 RESOLUTIONS Committee on Transportation and Infrastructure: Ordered Senate Chamber reported amended H.E. 999, Beaches Environmental Senate expects to consider any cleared legislative Assessment, Cleanup, and Health Act of 1999. or executive business. The Committee also approved 6 Corps of Engi- Senate Committees neers Survey resolutions. (Committee meetings are open unless otherwise indicated) BEACHES ENVIRONMENTAL ASSESSMENT, Committee on Agriculture, Nutrition, and Forestry: April CLEANUP, AND HEALTH ACT; 21, to hold hearings to review the recent report on the RESOLUTIONS Federal Crop Insurance Program by the Office of Inspec- Committee on Transportation and Infrastructure: Sub- tor General, Department of Agriculture, 8:30 a.m., committee on Water Resources and Environment ap- SR–328A. Committee on Armed Services: April 20, Subcommittee on proved for full Committee action amended H.R. Emerging Threats and Capabilities, to hold hearings on 999, Beaches Environmental Assessment, Cleanup, proposed legislation authorizing funds for fiscal year 2000 and Health Act of 1999. for the Department of Defense, focusing on the science The Subcommittee also approved for full Com- and technology program and the Future Years Defense mittee action 6 Corps of Engineers Survey resolu- Program, 2:30 p.m., SR–222. tions. April 21, Subcommittee on Readiness and Manage- ment Support, to hold hearings on the readiness of the DEPARTMENT OF VETERANS AFFAIRS United States Navy and Marines operating forces, 9:30 READINESS FOR YEAR 2000 a.m., SR–222. Committee on Veterans’ Affairs: Subcommittee on Over- Committee on Banking, Housing, and Urban Affairs: April sight and Investigations held a hearing on the readi- 22, Subcommittee on International Trade and Finance, ness of the Department of Veterans Affairs for Year with the Subcommittee on Economic Policy, to hold joint 2000, including emergency medical facility pre- hearings on issues relating to the official dollarization in emerging-market countries, 10 a.m., SD–538. paredness and coordination with FEMA. Testimony April 22, Subcommittee on Economic Policy, with the was heard from the following officials of the Ac- Subcommittee on International Trade and Finance, to counting and Information Management Division, hold joint hearings on issues relating to the official GAO: Joel C. Willemssen, Director, Civil Agencies dollarization in emerging-market countries, 10 a.m., Information Systems; and Nabajyoti Barkakati, Tech- SD–538. nical Assistant Director, Office of the Chief Scientist; Committee on Commerce, Science, and Transportation: April the following officials of the Department of Veterans 21, to hold hearings on issues relating to telecommuni- Affairs: Michael Slachta, Jr., Deputy Assistant In- cations and internet access, 9:30 a.m., SR–253. spector General, Auditing; Thomas Phelps, Project April 21, Subcommittee on Science, Technology, and Manager, Central Office Audit Operations Division; Space, to hold hearings on proposed legislation author- Hershel Gober, Deputy Secretary; Ernest D. Castro, izing funds for fiscal year 2000 for Technology Adminis- tration, Department of Commerce, 2 p.m., SR–253. Year 2000 Program Manager; Sally L. Wallace, Pro- April 22, Full Committee, to hold hearings to examine gram Manager, Year 2000, Veterans Benefits Ad- boxing industry regulations, 9:30 a.m., SR–253. ministration; Leonard R. Bourget, Project Manager, Committee on Energy and Natural Resources: April 20, to Year 2000; and Steven Wexler, Chief, Biomedical hold hearings on S. 25, to provide Coastal Impact Assist- Engineering, both with the Veterans Health Admin- ance to State and local governments, to amend the Outer istration; William K. Hubbard, Acting Deputy Continental Shelf Lands Act Amendments of 1978, the April 15, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D397

Land and Water Conservation Fund Act of 1965, the be an Associate Judge of the District of Columbia Court Urban Park and Recreation Recovery Act, and the Federal of Appeals; Stephen H. Glickman, to be an Associate Aid in Wildlife Restoration Act (commonly referred to as Judge of the District of Columbia Court of Appeals; and the Pittman-Robertson Act) to establish a fund to meet Hiram E. Puig-Lugo, to be an Associate Judge of the Su- the outdoor conservation and recreation needs of the perior Court of the District of Columbia, 10:30 a.m., American people; S. 446, to provide for the permanent SD–342. protection of the resources of the United States in the April 21, Full Committee, to hold hearings on S. 746, year 2000 and beyond; and S. 532, to provide increased to provide for analysis of major rules, to promote the funding for the Land and Water Conservation Fund and public’s right to know the costs and benefits of major Urban Parks and Recreation Recovery Programs, to re- rules, and to increase the accountability of quality of sume the funding of the State grants program of the Land Government, 10 a.m., SD–342. and Water Conservation Fund, and to provide for the ac- April 22, Full Committee, to hold hearings on S. 59, quisition and development of conservation and recreation to provide Government-wide accounting of regulatory facilities and programs in urban areas, 9:30 a.m., costs and benefits, and other regulatory reform legislation, SD–366. 10 a.m., SD–342. April 21, Full Committee, to hold hearings on whether Committee on Health, Education, Labor, and Pensions: April the United States has the natural gas supply and infra- 22, to hold hearings on issues relating to the Elementary structure necessary to meet projected demand, 9:30 a.m., Secondary Education Act, 10 a.m., SD–628. SD–366. Committee on Indian Affairs: April 20, to hold oversight April 21, Subcommittee on Forests and Public Land hearings on the implementation of the Native American Management, to hold oversight hearings to review the Graves Protection and Repatriation Act, 9:30 a.m., Memorandum of Understanding signed by multiple agen- SR–485. cies regarding the Lewis and Clark bicentennial celebra- April 21, Full Committee, to hold hearings on S. 401, tion, 2 p.m., SD–366. to provide for business development and trade promotion April 22, Subcommittee on National Parks, Historic for native Americans, and for other purposes, 9:30 a.m., Preservation, and Recreation, to hold hearings on S. 441, SR–485. to amend the National Trails System Act to designate the Select Committee on Intelligence: April 21, to hold closed route of the War of 1812 British invasion of Maryland hearings on pending intelligence matters, 3 p.m., and Washington, District of Columbia, and the route of SH–219. the American defense, for study for potential addition to April 22, Full Committee, to hold closed hearings on the national trails system; S. 548, to establish the Fallen pending intelligence matters, 2 p.m., SH–219. Timbers Battlefield and Fort Miamis National Historical Committee on the Judiciary: April 20, to hold hearings on Site in the State of Ohio; S. 581, to protect the Paoli and Brandywine Battlefields in Pennsylvania, to authorize a S.J. Res. 14, proposing an amendment to the Constitu- Valley Forge Museum of the American Revolution at Val- tion of the United States authorizing Congress to prohibit ley Forge National Historical Park; and S. 700, to amend the physical desecration of the flag of the United States, the National Trails System Act to designate the Ala 10 a.m., SD–226. Kahakai Trail as a National Historic Trail, 2 p.m., April 20, Subcommittee on Youth Violence, with the SD–366. Subcommittee on Technology, Terrorism, and Govern- Committee on Environment and Public Works: April 20, to ment Information, to hold joint hearings on domestic hold hearings on the nomination of George T. Frampton, preparedness in the next generation, 2 p.m., SD–226. Jr., of the District of Columbia, to be a Member of the April 20, Subcommittee on Technology, Terrorism, Council on Environmental Quality, 9:30 a.m., SD–406. and Government Information, with the Subcommittee on Committee on Foreign Relations: April 19, Subcommittee Youth Violence, to hold joint hearings on domestic pre- on Western Hemisphere, Peace Corps, Narcotics and Ter- paredness in the next generation, 2 p.m., SD–226. rorism, to hold hearings on issues relating to the tar- April 21, Full Committee, to hold hearings on privacy geting of assets of drug kingpins, 3:45 p.m., SD–562. issues surrounding the internet, 10 a.m., SD–226. April 20, Full Committee, to resume hearings on April 21, Subcommittee on Constitution, Federalism, United States vulnerability to ballistic missile attack, and Property Rights, business meeting to consider S.J. 9:30 a.m., SD–562. Res. 14, proposing an amendment to the Constitution of April 20, Full Committee, to hold hearings to examine the United States authorizing Congress to prohibit the NATO’s 50th anniversary summit, 2 p.m., SD–562. physical desecration of the flag of the United States, 1 April 21, Full Committee, business meeting to mark p.m., SD–226. up proposed legislation authorizing funds for fiscal years April 22, Full Committee, business meeting to resume 2000–2001 for foreign assistance programs, 10 a.m., consideration of S. 625, to amend title 11, United States SD–562. Code, and other pending calendar business, 10 a.m., April 22, Subcommittee on East Asian and Pacific Af- SD–226. fairs, to hold hearings to examine North Korea’s prison United States Senate Caucus on International Narcotics Con- camps, 10 a.m., SD–562. trol: April 21, to hold hearings on the threat of corrup- Committee on Governmental Affairs: April 20, to hold tion to United States Law Enforcement along the South- hearings on the nominations of Eric T. Washington, to west border, 2 p.m., SH–216. D398 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 1999

Committee on Veterans’ Affairs: April 20, to hold hear- Employer Health Plan Accountability: Do Participants ings on the Department of Veterans Affairs contingency Have Adequate Protections? 2 p.m., 2175 Rayburn. plans for the year 2000, 2:30 p.m., SR–418. April 21, Subcommittee on Oversight and Investiga- Special Committee on the Year 2000 Technology Problem: tions, hearing on Federal Prison Industries, 1:30 p.m., April 22, to hold hearings on issues relating to the oil 2175 Rayburn. industry and Y2K, 9:30 a.m., SH–216. April 21, Subcommittee on Workforce Protections, hearing on the following: H.R. 987, Workplace Preserva- House Chamber tion Act; the Safety and Health Audit Promotion Act; To be announced. the Safety and Health Audit Promotion and Whistle- blower Improvement Act; and the Models of Safety and House Committees Health Excellence Act, 10:30 a.m., 2175 Rayburn. April 22, Subcommittee on Early Childhood, Youth, Committee on Agriculture, April 22, Subcommittee on and Families, to mark up the following bills: H.R. 905, Department Operations, Oversight, Nutrition, and For- Missing, Exploited, and Runaway Children Protection estry, hearing to review the implementation of the Food Act; and H.R. 1150, Juvenile Crime Control and Delin- Quality Protection Act, 10 a.m., 1300 Longworth. quency Prevention Act of 1999, 10 a.m., 2175 Rayburn. Committee on Appropriations, April 20, Subcommittee on Committee on Government Reform, April 22, hearing on Interior, on Members of Congress, 10 a.m., and 1:30 Welfare Reform Is Working: A Report on State and p.m., B–308 Rayburn. Local Initiatives, 10 a.m., 2154 Rayburn. April 20 and 21, Subcommittee on Labor, Health and April 22, Subcommittee on National Security, Veterans Human Services, and Education, on public witnesses, 2 Affairs and International Relations, oversight hearing to p.m., on April 20 and 10 a.m., and 2 p.m., on April 21, examine the Department of Veterans Affairs implementa- 2358 Rayburn. tion of the Persian Gulf War Veterans Act of 1998, 2 April 20 and 21, Subcommittee on VA, HUD and p.m., 2247 Rayburn. Independent Agencies, on Department of Veterans Af- Committee on International Relations, April 21, Sub- fairs, 9:30 a.m., and 1:30 p.m., 2359 Rayburn. committee on Asia and the Pacific and the Subcommittee April 22, Subcommittee on Interior, on Florida Initia- on International Economic Policy and Trade, joint hear- tive, 10 a.m., B–308 Rayburn. ing on the Embattled State of U.S.-China Relations: As- April 22, Subcommittee on Labor, Health and Human sessing the Zhu Rongji Visit, 1:30 p.m., 2172 Rayburn. Services, and Education, on Members of Congress, 10 April 22, full Committee, hearing on the Need for a.m.., and 2 p.m., 2358 Rayburn. New and Effective Policing in Northern Ireland, 10 a.m., Committee on Banking and Financial Services, April 20, 2172 Rayburn. Subcommittee on General Oversight and Investigations Committee on the Judiciary, April 20, 21 and 22, to and the Subcommittee on Financial Institutions and Con- markup the following bills: H.R. 833, Bankruptcy Re- sumer Credit, joint hearing on reporting requirements form Act of 1999; and H.R. 771, to amend rule 30 of under the Bank Secrecy Act of 1970 and related statutes, the Federal Rules of Civil Procedure to restore the steno- 2 p.m., 2128 Rayburn. graphic preference for recording depositions, 11 a.m., on April 21, Subcommittee on Domestic and International April 20, 10:15 a.m., on April 21 and 10 a.m., on April Monetary Policy, hearing on the Administration’s Fiscal 22, 2141 Rayburn. Year 2000 authorizations for the international financial Committee on Resources, April 20, Subcommittee on Na- institutions and related programs, 10 a.m., 2128 Ray- tional Parks and Public Lands, hearing on the following burn. bills: H.R. 791, Star-Spangled Banner National Historic Committee on Commerce, April 20, Subcommittee on Trail Study Act of 1999; and H.R. 1104, to authorize the Health and Environment, to mark up H.R. 1180, Work Secretary of the Interior to transfer administrative juris- Incentives Improvement Act of 1999, 2 p.m., 2123 Ray- diction over land within the boundaries of the home of burn. Franklin D. Roosevelt National Historic Site to the Ar- April 20, Subcommittee on Oversight and Investiga- chivist of the United States for the construction of a vis- tions, hearing on Security at the Department of Energy’s itor center, 10 a.m., 1324 Longworth. Laboratories: The Perspective of the General Accounting April 22, Subcommittee on Fisheries Conservation, Office, 2 p.m., 2322 Rayburn. Wildlife and Oceans, to markup pending business; and to April 22, Subcommittee on Energy and Power, hearing hold a hearing on the following bills: H.R. 34, to direct on Electricity Competition: Reliability and Transmission the Secretary of the Interior to make technical corrections in Competitive Electricity Markets, 10 a.m., 2322 Ray- to a map relating to the Coastal Barrier Resources Sys- burn. tem; H.R. 535, to direct the Secretary of the Interior to April 22, Subcommittee on Telecommunications, make corrections to a map relating to the Coastal Barrier Trade, and Consumer Protection and the Subcommittee Resources System; a measure to reauthorize the Coastal on Finance and Hazardous Materials, joint hearing on Barrier Resources System; and a measure to reauthorize Identity Theft: Is There Another You? 10 a.m., 2123 the National Marine Sanctuaries Act, 10 a.m., 1334 Rayburn. Longworth. Committee on Education and the Workforce, April 20, Sub- April 22, Subcommittee on Forests and Forest Health, committee on Employer-Employee Relations, hearing on hearing on the following: the Forest Roads, Community April 15, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D399

Right to Know; and H.R. 898, Spanish Peaks Wilderness Committee on Veterans’ Affairs, April 21, Subcommittee Act of 1999, 10 a.m., 1334 Longworth. on Benefits, hearing on the following bills: H.R. 1071, Committee on Science, April 21, Subcommittee on Space Montgomery GI Bill Improvements Act of 1999; and and Aeronautics, hearing on Extension of Space Launch H.R. 1182, Servicemembers Educational Opportunity Act Indemnification, 2 p.m., 2318 Rayburn. of 1999, 10 a.m., 340 Cannon. April 21, Subcommittee on Technology, hearing on April 21, Subcommittee on Oversight and Investiga- Genetics Testing in the New Millennium: Advances, tions and the Subcommittee on Health, joint hearing on Standards and Implications, 10 a.m., 2318 Rayburn. the suspension of medical research at Department of Vet- Committee on Small Business, April 23, Subcommittee on erans Affairs medical facilities in West Los Angeles and Government Programs and Oversight, hearing on the Spulveda, California, 9:30 a.m., 334 cannon. continuing need to conserve natural resources because of April 22, Subcommittee on Health, hearing on the their limited nature, 10 a.m., 2360 Rayburn, issue of long-term care for veterans, 9:30 a.m., 334 Can- Committee on Transportation and Infrastructure, April 21, non. Subcommittee on Water Resources and Environment, to Committee on Ways and Means, April 22, Subcommittee markup the Water Resources Development Act of 1999, on Health, hearing on Medicare Coverage Decisions and 10 a.m., 2167 Rayburn. Beneficiary Appeals, 1 p.m., 1100 Longworth. April 22, full Committee, to mark up the Water Re- April 22, Subcommittee on Human Resources, over- sources Development Act of 1999 and other pending sight hearing on Child Protection, 10 a.m., B–318 Ray- business, 10 a.m., 2167 Rayburn. burn. D400 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, April 19 2 p.m., Monday, April 19

Senate Chamber House Chamber Program for Monday: After the recognition of two Sen- Program for Monday: Pro Forma Session. ators for speeches and the transaction of any morning business (not to extend beyond 2 p.m.), Senate may con- sider any cleared legislative or executive business.

Extensions of Remarks, as inserted in this issue

HOUSE Green, Mark, Wisc., E662, E663 Neal, Richard E., Mass., E666 Hall, Ralph M., Tex., E668 Nethercutt, George R., Jr., Wash., E678 Andrews, Robert E., N.J., E665 Jackson-Lee, Sheila, Tex., E685 Oberstar, James L., Minn., E673 Ballenger, Cass, N.C., E661 Johnson, Eddie Bernice, Tex., E673, E677 Olver, John W., Mass., E663 Barcia, James A., Mich., E663 Kanjorski, Paul E., Pa., E670 Radanovich, George, Calif., E673, E677 Boehner, John A., Ohio, E675 Kleczka, Gerald D., Wisc., E667 Rogan, James E., Calif., E674 Burr, Richard, N.C., E664 Klink, Ron, Pa., E663 Roukema, Marge, N.J., E666 Capps, Lois, Calif., E671 Kucinich, Dennis J., Ohio, E672, E673, E676, E677, Sandlin, Max, Tex., E665 Conyers, John, Jr., Mich., E673 E679, E680 Saxton, Jim, N.J., E674 Davis, Danny K., Ill., E662, E664 LaHood, Ray, Ill., E674 Schaffer, Bob, Colo., E683 DeLauro, Rosa L., Conn., E678 Lantos, Tom, Calif., E661, E664, E669 Schakowsky, Janice D., Ill., E682 English, Phil, Pa., E674 Lewis, John, Ga., E679 Shimkus, John, Ill., E675 Eshoo, Anna G., Calif., E662, E664 McDermott, Jim, Wash., E681 Slaughter, Louise McIntosh, N.Y., E680 Farr, Sam, Calif., E679 McGovern, James P., Mass., E677 Talent, James M., Mo., E671 Filner, Bob, Calif., E678 Menendez, Robert, N.J., E672, E678 Thompson, Bennie G., Miss., E671 Fletcher, Ernie, Ky., E681 Millender-McDonald, Juanita, Calif., E684 Visclosky, Peter J., Ind., E682 Fowler, Tillie K., Fla., E670 Miller, George G., Calif., E680 Weiner, Anthony D., N.Y., E680 Frelinghuysen, Rodney P., N.J., E675 Mink, Patsy T., Hawaii, E679 Gilman, Benjamin A., N.Y., E661, E664, E666 Moran, Jerry, Kans., E681

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