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, MARCH 4, 1999 No. 34 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE In this environment, it made sense to pro- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the vide a disincentive to an older generation of pore (Mr. HEFLEY). gentleman from Oregon (Mr. WU) come workers to remain in the work force. The gov- f forward and lead the House in the ernment would take care of this older genera- Pledge of Allegiance. tion by ensuring a level of financial support we DESIGNATION OF THE SPEAKER Mr. WU led the Pledge of Allegiance now call a social insurance system. In turn, PRO TEMPORE as follows: new positions for younger workers were cre- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the ated, giving them the wherewithal to become fore the House the following commu- United States of America, and to the Repub- financially independent from government as- nication from the Speaker: lic for which it stands, one nation under God, sistance. Taxes from these workers would be- indivisible, with liberty and justice for all. WASHINGTON, DC, come the mechanism to fund the benefits pay- March 4, 1999. f ments to the retirees. I hereby appoint the Honorable JOEL ANNOUNCEMENT BY THE SPEAKER Sixty-five years later, it is time to revisit the HEFLEY to act as Speaker pro tempore on PRO TEMPORE premise underlying this penalty. With record this day. low unemployment rates, the annual earnings The SPEAKER pro tempore. The J. DENNIS HASTERT, limit is an outdated disincentive that we cannot Speaker of the House of Representatives. Chair wishes to announce that the one- afford to keep. We need the expertise and f minutes will be limited to 15 on each side. wisdom that these workers can provide, but we make it punitive to compensate them for PRAYER f this value. It is time we change this provision The Chaplain, Reverend James David REMOVING SOCIAL SECURITY of the Social Security Act. The Senior Citizens Ford, D.D., offered the following pray- EARNINGS TEST Freedom to Work Act of 1999 does exactly er: (Mr. KUYKENDALL asked and was that and addresses one of the most unfair pro- We are grateful, O God, for the many visions of all, the penalty for working. I urge all blessings that have come from Your given permission to address the House for 1 minute and to revise and extend of my colleagues to join me in supporting this hand, and we begin this day with ap- his remarks.) important, and long overdue, piece of legisla- preciation for the gift of friendship. Mr. KUYKENDALL. Mr. Speaker, I tion. With our families and with our col- rise today to urge Members’ support of f leagues, there can be that kind of rela- a piece of legislation that will be intro- tionship that transcends all the divi- duced shortly in the House. That legis- SCHOOL MODERNIZATION sions of position or responsibility, that lation is called the Senior Citizens’ surmounts the differences that sepa- Freedom to Work Act of 1999 and it re- (Mr. WU asked and was given permis- rate people from each other. For moves the earnings limitations that sion to address the House for 1 minute friends who support us when the day is now exist in our Social Security laws. and to revise and extend his remarks.) done, we offer our praise. For friends For 1999, this limit penalizes retirees Mr. WU. Mr. Speaker, I rise to speak who encourage us when we are discour- with above $9,600 in earnings. For ex- in favor of school modernization. In aged, we offer thanks. For friends who ample, if the Social Security recipient communities like Astoria in Oregon, forgive when we miss the mark and for is under the age of 65 and they earn there are elementary schools with only friends who stand near us when we are $20,000, they would lose $5,200 from one electrical plug in each classroom. alone, we offer these words of gratitude their Social Security benefit. It is a No new elementary schools have been and thanksgiving. This is our earnest little better if you are age 65 to 69. built there since 1927. This is simply prayer. Amen. Then you would only lose about $3,500 not an adequate 21st century learning f in your Social Security benefits. environment. This restriction on outside earnings In my congressional district, commu- THE JOURNAL dates back to the original Social Secu- nities like Astoria and McMinnville The SPEAKER pro tempore. The rity law. In 1935, unemployment in the need the resources to modernize school Chair has examined the Journal of the United States exceeded 25 percent, net buildings and provide schools with up- last day’s proceedings and announces new business investment was a nega- to-date technological tools. In other to the House his approval thereof. tive $55 billion, and national wages had rapidly growing communities such as Pursuant to clause 1, rule I, the Jour- declined from $50 billion in 1929 to $30 Beaverton and Hillsboro, schools are nal stands approved. billion. suffering from that growth. There,

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.

H959

. H960 CONGRESSIONAL RECORD — HOUSE March 4, 1999 classroom overcrowding creates dif- But what they are going to do is they minute and to revise and extend his re- ficult learning environments and exac- are going to take away the interest. So marks.) erbates student discipline problems. working men and women in this coun- Mr. SCHAFFER. Mr. Speaker, the Schools there need the resources to ex- try pay in their hard-earned dollars President’s budget is fraudulent. That pand and maintain education quality. through the FICA tax into Social Secu- seems to be the devastating verdict of Congress can make it more afford- rity, it earns interest that they are the nonpartisan Congressional Budget able for local school districts to refur- supposed to be the beneficiaries of, and Office. CBO took a look at the Presi- bish old school facilities and construct along come the Republicans and they dent’s budget and they were appalled new school buildings by paying the in- are going to steal the interest. at what they saw. Double counting, terest on local school bonds designated I hope America is watching closely slick accounting, arithmetic gym- for construction and repair of school when this legislation comes to the nastics, things like this have not been facilities. The agenda is clear but it re- floor, because while they say they are seen since the advent of rain forest quires a real commitment by Congress. going to protect the principal, lo and math and faddish politically correct We must work hard to meet that chal- behold we see that JOHN KASICH and schools. lenge. others have a proposal to take it and Social Security is not saved. In fact, f use it for tax cuts or to take it and use Social Security would remain insol- it for spending proposals that they vent despite the figures the President’s BREAST AND CERVICAL CANCER have. If you are going to protect Social budget says looks good on paper. And TREATMENT ACT OF 1999 Security, you got to protect the prin- spending busts the spending caps that (Ms. ROS-LEHTINEN asked and was cipal and the interest. Congress worked so hard to pass only 2 given permission to address the House f short years ago. Spending goes up, way for 1 minute and to revise and extend LET US WORK TOGETHER TO SAVE up. And so the security of Social Secu- her remarks.) SOCIAL SECURITY rity goes down, way down. Ms. ROS-LEHTINEN. Mr. Speaker, it One would think that the White (Mr. HAYWORTH asked and was is estimated that this year alone ap- House would avoid this kind of slick given permission to address the House proximately 44,000 women will lose accounting. Double counting of imagi- for 1 minute and to revise and extend their lives to breast cancer and an ad- nary money is guaranteed to get them his remarks.) ditional 15,000 will die from cervical in trouble with the CBO and all other cancer. As these treacherous diseases Mr. HAYWORTH. Mr. Speaker, did you hear the one about the liberal who budget analysts and economists. Con- continue to spread in women, research- gress is eager, though, to work with ers work diligently in hopes of finding markets the politics of fear? I am reminded by the previous speak- the President to stick with our historic a cure for cancerous cells and in hopes er that in this Chamber, 2 years ago, balanced budget agreement. But the of providing solutions to improve and we heard that the elderly would be President’s budget just does not pass extend the lives of cancer patients. Yet thrown into the streets and that the straight face test. Mr. Speaker, we with all this new technology and new schoolchildren would be starved. That need to go back to work. medications, scores of low-income just was not true. And yet in the name women, mothers, daughters and wives, of political hyperbole and fear, the lib- f will never know the benefits of this erals pull out the only card they know new research because they simply can- to market, to try and scare the H-E- EDUCATION not afford treatment for their poten- double-hockey-sticks out of seniors. (Ms. STABENOW asked and was tially fatal cancer. The fact is, less than a year ago, our The gentleman from New York (Mr. given permission to address the House majority in Congress moved to save 90 for 1 minute.) LAZIO) will soon introduce a bill that percent of the surplus for Social Secu- will provide States with an optional Ms. STABENOW. Mr. Speaker, I rise rity. We currently are working on today to support efforts to modernize Medicaid benefit to provide coverage plans to save all of that surplus for to- for treatment to low-income women our schools so that our children have day’s seniors. Sad to say, the other side the skills and the tools they need for who are screened and diagnosed with offers fear. We offer hope, opportunity breast or cervical cancer through our the jobs that they will face when they and reality. There is a clear difference graduate. Federal CDC Early Detection Program. in America, and that is why together, With little cost to taxpayers, passing Two years ago I was pleased, with the as Americans, we can solve problems, if gentlewoman from California (Ms. this fiscally conservative legislation we avoid the partisan temptations of ESHOO), to sponsor the Computer Dona- will literally mean saving the lives of fear. thousands of women. I urge each and tion Incentive Act to encourage busi- f every one of our colleagues to sponsor nesses to donate computer equipment this bill. STOP ILLEGAL TRADE and software to schools to help upgrade f (Mr. TRAFICANT asked and was the schools. Since that time in my dis- trict, we have wired almost 50 schools SOCIAL SECURITY given permission to address the House for 1 minute and to revise and extend with volunteer effort. (Mr. GEORGE MILLER of California his remarks.) But we know that, if our children are asked and was given permission to ad- Mr. TRAFICANT. Mr. Speaker, take going to learn, we not only need to dress the House for 1 minute and to re- the steel crisis, please. America is have the hardware there, the software, vise and extend his remarks.) being violated every day, every hour, be able to support teachers, to have the Mr. GEORGE MILLER of California. every minute by illegal trade, and the professional development and training Mr. Speaker, Members of the House, White House has done nothing. To they need, but our classrooms need to did you hear the one about the Repub- make matters even worse, Congress has be smaller so that teachers can truly licans who think that we ought to pri- done nothing. This is wrong, this is give children the attention that they vatize Social Security because the in- stupid, this is unAmerican. Illegal need. That is why I am so strongly sup- terest earned on Social Security trust trade must be stopped. Congress must porting the efforts to have the Federal funds is too little? Now, they have a grow a backbone. Government be a junior partner in sup- plan this week, the interest on the I yield back 10,000 jobs, 10,000 Amer- porting communities to build new trust funds is so little that they are ican jobs already lost in the steel in- schools, to modernize their schools and going to take it away from the people dustry. to make sure that in order to have that paid into the trust funds. They f smaller classroom sizes, we have more have a plan where they say they are classrooms and more teachers in those going to save Social Security, that PRESIDENTIAL BUDGET FAILS classrooms. This is a very important they are not going to touch the prin- STRAIGHT FACE TEST effort that the Federal Government cipal of the trust funds or 70 percent of (Mr. SCHAFFER asked and was given needs to address. I urge it be a part of it, 60 percent of it, something like that. permission to address the House for 1 this year’s budget. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H961 SOCIAL SECURITY b 1015 SAVE OUR STEEL INDUSTRY (Mr. BALLENGER asked and was RICH, MIDDLE CLASS OR POOR— (Mr. ADERHOLT asked and was given permission to address the House REPUBLICANS STAND FOR TAX given permission to address the House for 1 minute.) CUTS FOR ALL AMERICANS for 1 minute and to revise and extend his remarks.) Mr. BALLENGER. Mr. Speaker, the (Mr. CHABOT asked and was given permission to address the House for 1 Mr. ADERHOLT. Mr. Speaker, some- same people who told us again and minute.) times an industry suffers from foreign again and again just 2 years ago that Mr. CHABOT. Mr. Speaker, the Re- competition because a new tool is in- Congress could not cut taxes and bal- publican party stands for saving Social vented or product quality goes up with- ance the budget were wrong. Congress Security; and, yes, we stand for tax out a price increase or their govern- cut taxes, and the budget is actually cuts, too. We stand for across-the- ment reduces regulation and taxes. But now in surplus. board tax cuts for all Americans. We this is not the reason that the U.S. Well, the same people now are telling stand for the elimination of capital steel industry is suffering. Since 1980 it us that we cannot cut taxes and gains taxes because capital investment has modernized, it has streamlined, strengthen Social Security at the same is the engine of job growth, the key to and it is 240 percent more efficient. time. Well, of course we can. economic opportunity for all Ameri- The International Trade Commission cans, whether rich or poor. announced that foreign companies have The same people who are defending We stand for the expansion of IRA ac- indeed dumped hot rolled steel at the President’s budget, which loots the counts. We stand for elimination of es- prices below their own market. That Social Security trust fund to the tune tate taxes because we think the gov- announcement and the suspension of $30 billion on new Washington-based ernment should not have two and three agreement with Russia might provide social programs and double counts $2.4 whacks at the fruits of a lifetime of some relief, but a key fact is often trillion in Social Security, are criticiz- work and because we think the govern- missing from the discussion. Some of ing the Republican plan to strengthen ment has already done enough to kill these same countries have simply Social Security, cut taxes and pay the family farm and to kill small busi- switched their dumping to other cat- down the debt. nesses. egories of steel. Russia has played that Well, the naysayers are wrong. The We stand for elimination of the mar- game since 1997. Republican plan will accomplish three riage tax penalties. Right now, a mar- The coming weeks and months are ried couple pays higher taxes if they important goals. It will strengthen So- very critical to saving these United are married than if they are not, and cial Security, it will refund middle- States jobs. This Congress must act. It that is just plain wrong. class taxpayers some of the govern- So let us work together to reduce the must act quickly in order to save ment overcharge, and it will start to tax burden on all Americans whether American jobs and our steel industry chip away at the national debt, which rich, middle class or poor. here in the United States of America. means lower interest rates and good f f economic times for people trying to make ends meet. SUPPORT THE SCHOOL RECON- PROVIDING 21ST CENTURY LEARN- STRUCTION AND MODERNIZA- ING INSTITUTIONS FOR OUR f TION ACT CHILDREN (Mr. CROWLEY asked and was given (Mr. UDALL of New Mexico asked SCHOOL CONSTRUCTION permission to address the House for 1 and was given permission to address minute and to revise and extend his re- the House for 1 minute and to revise (Mr. BAIRD asked and was given per- marks.) and extend his remarks.) mission to address the House for 1 Mr. CROWLEY. Mr. Speaker, I rise Mr. UDALL of New Mexico. Mr. minute.) today to speak about the conditions of Speaker, I rise today to talk about elementary and secondary schools in Mr. BAIRD. Mr. Speaker, if this Na- school modernization. There is abso- New York City. I wish to bring to light lutely no doubt that our schools are in tion sincerely believes that education to my colleagues the dire conditions is the foundation of our democracy, a state of despair. I have traveled New faced by students in New York and Mexico and talked to students and then it is time to act like it. In high- across our country. growth areas like the Evergreen School teachers in the schools and seen the Many of my colleagues may ask why problems firsthand, from buildings District in Clark County, Washington, the Federal Government needs to be- the growth rate is too high for the being shut down because of health and come involved in school renovation and safety violations, temporary class- local district to keep up. Evergreen is construction issues which are histori- the fastest growing school district in rooms put on the campus for 1 year and cally local concerns. The simple an- used for 10 years, and the list could go our State, with a growth rate of 4.5 per- swer to my colleagues is because the cent a year; and by 2004 their student on and on. problem has grown so large that local- Mr. Speaker, one in three New Mex- enrollment is projected to increase by ities or States alone cannot handle it. 26,000 students. ico schools need repair and need to be They simply cannot handle it. refurbished. The cost is staggering: $2 A recent survey by the Division of To respond to the number of students billion. No one entity can do it. School Facilities in New York City enrolling, Evergreen has put up 320 So what we need, Mr. Speaker, is a portable classrooms where 20 percent of concluded that in my district alone 19 new schools are needed to alleviate the partnership of the States, local school our school district students are edu- boards, the Federal Government, to cated. This is not an effective environ- overcrowding in my districts. Cur- rently, three of the five community make sure that we build 21st century ment in which to teach or to learn. learning institutions for our children. That is why I am proud to be an origi- school districts in my district, my con- f nal cosponsor of the School Construc- gressional district, are operating over tion Act of the gentleman from North capacity. The fact is, we are 9,789 seats HYPOCRISY OF TRASH short, 9,789 seats short. I ask my col- Carolina (Mr. ETHERIDGE) which will (Mr. GIBBONS asked and was given create new tax credits to leverage $7.2 leagues to think about that: almost 10,000 students for which the schools permission to address the House for 1 billion in school construction bonds. minute and to revise and extend his re- Under this bill, the bonds would be al- simply do not have any room. Mr. Speaker, that is not the worst marks.) located according to enrollment problem. Population growth is ex- Mr. GIBBONS. Mr. Speaker, I read growth over the next 10 years. pected to increase over the next 10 with interest an article in yesterday’s It is a good bill for our students, it is years, leaving us 44,822 seats short. Washington Post which some Members a good bill for our communities, and it This is why I support and Congress of this Congress are upset and demand- is a good bill for our democracy. I urge must pass the Democratic School Re- ing legislation to stop other States my colleagues to support it. construction and Modernization Act. from shipping garbage into their H962 CONGRESSIONAL RECORD — HOUSE March 4, 1999 States. There is some real irony here. Founding Fathers reserved the respon- dent Preval and former President My colleagues will understand my sur- sibility of spending taxpayers’ money Aristide, and it is no coincidence that prise when I read this because these to the people’s representatives. the loss of Senator Toussaint also alarmist complainers are some of the Mr. Speaker, the delicate balance of means the loss of OPL’s majority sta- very same Members of Congress who the three separate, but equal, branches tus in the Haitian Senate. want to ship their trash, including nu- of government is at stake. We cannot Mr. Speaker, it is also no coincidence clear waste, all across this country and allow the President to issue Executive that in Haiti those who are targeted into my State. Orders that require the expenditure of for surveillance, intimidation and even Mr. Speaker, let me get this straight. Federal funds unless those funds are worse are Haitian and American indi- They want to stop shipping garbage to appropriated by Congress. viduals who are working in support of their State, but they want to ship their Recently, Mr. Speaker, I introduced the rule of law; free, fair elections; and deadly toxic waste into mine. A trans- H. Con. Res. 30 which reasserts the role economic improvement in that impov- portation accident, including banana and responsibility of Congress to enact erished country. peels and used paper towels, is cer- the laws and appropriate Federal dol- The United Nations has called atten- tainly not going to be the same as one lars. It seeks to curb the infringement tion to the crises, noting there is in- of the consequences of an accident with of executive power on legislative au- creased polarization in the country and new risk to constitutional government, nuclear waste. thority. Furthermore, H. Con. Res. 30 but there has been precious little word I yield back this hypocrisy of trash, will clarify any confusion regarding out of the Clinton administration. and I encourage Members to support Executive Orders by emphasizing Con- Mr. Speaker, the crown jewel of their common sense, fairness and safety, and gressional authority granted under Ar- foreign policy is badly tarnished, and oppose H.R. 45. ticle 1, Section 8, of the Constitution. we need a new approach to Haiti’s f Please join me in cosponsoring this failed democracy. We are filing such bipartisan resolution. WE MUST MAKE BETTER SCHOOLS legislation today, and I urge Members f AND BETTER EDUCATION A NA- to read it and support it. TIONAL PRIORITY PRESERVING SOCIAL SECURITY f (Mr. PHELPS asked and was given AND MEDICARE AND PAYING SCHOOL CONSTRUCTION AND permission to address the House for 1 DOWN THE NATIONAL DEBT MODERNIZATION minute and to revise and extend his re- (Mr. WISE asked and was given per- (Mr. WYNN asked and was given per- marks.) mission to address the House for 1 mission to address the House for 1 Mr. PHELPS. Mr. Speaker, I rise minute and to revise and extend his re- minute and to revise and extend his re- today to support the initiatives to im- marks.) marks.) prove education for our children by Mr. WISE. Mr. Speaker, the Congress Mr. WYNN. Mr. Speaker, I rise today building and modernizing our schools. this year will undertake the most to talk about the Democratic proposal As a former teacher and the husband of sweeping domestic legislation probably on education and specifically the mod- a teacher, as a former legislator, I in 40 or 50 years and certainly, in the ernization of our schools. know firsthand the burdens and con- case of Social Security, the most Improving education in America re- straints that overcrowded classrooms sweeping changes since Social Security quires all levels of government to pull and antiquated buildings place on our was created in 1935. So I think there their load. Today, local and State student, teachers and administrators. ought to be some basic premises here, school systems are working very hard Mr. Speaker, when I taught, I had so particularly as we look at, of all to improve education, but there is a many students it was impossible to fos- things, a budget surplus, something no Federal role. We ought to be providing ter the proper learning and mentoring one ever expected to see. assistance to local school districts who relationships that are necessary to pro- First, take 62 percent of that surplus are trying to modernize their schools. vide quality education. In my district and invest it in Social Security and in This problem takes on many faces. today, schools are struggling just to preserving Social Security. Preserve it Perhaps the most obvious one is the provide space. There are deplorable for the 400,000 West Virginians that de- face of temporary buildings in front of conditions. One school in any district pend upon it. school systems. We have lots of tem- does not have proper air conditioning, Second, take 15 percent of that budg- porary buildings that were supposed to even sometimes no heat. One particu- et surplus, totaling 77 percent now, and be there for 1 year. They are now there lar broom closet was vacated to pro- save Medicare, for which 300,000 West for 10 and 15 years, and they are pro- vide a small library for our elementary Virginians depend upon for their basic liferating. They are growing these lit- students. One school in my district had health care, those over 65 and those tle pods. It is almost like Monopoly to see these little toy schoolrooms being to go to a local prison track for their who are disabled. built. track team to utilize for their team. Third, take that surplus and pay We need to address that problem. Mr. Speaker, these are unacceptable down the national debt. We have systems that have major conditions today in which we seek to Mr. Speaker, now this is a program ventilation problems and major heat- prepare our students for tomorrow and that America can rally behind: 62 per- ing system problems and major air con- for our future. We have a great oppor- cent for Social Security to preserve it, ditioning problems and leaking roofs, tunity in this Congress to make these 17 percent to preserve Medicare and, fi- and we need to address that problem as schools a national priority. nally, paying down the national debt. well. And we have school systems that f Let us get moving. lack modern technology. Over half the f CONGRESS MUST UPHOLD THE schools in this country are not wired to DELICATE BALANCE OF THREE HAITI: A CLIMATE OF assume the technology that exists SEPARATE BUT EQUAL INSTABILITY today. BRANCHES OF GOVERNMENT We need to modernize our schools. (Mr. GOSS asked and was given per- We need the Democratic plan. (Mr. METCALF asked and was given mission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- minute.) marks.) DEMOCRATIC AGENDA CO-OPTED Mr. METCALF. Mr. Speaker, this Mr. GOSS. Mr. Speaker, earlier this FROM THE REPUBLICANS Congress has every legitimate reason week Haitian Senator Toussaint was (Mr. KINGSTON asked and was given to be deeply concerned about the Presi- gunned down in front of his home in a permission to address the House for 1 dent’s barrage of, count them, 280 Ex- gruesome, politically-motivated mur- minute and to revise and extend his re- ecutive Orders. Congressional author- der. Toussaint had been a member of marks.) ity is clearly at risk. Nowhere is it the OPL, the political party that has Mr. KINGSTON. Mr. Speaker, as my written that the President has any au- controlled parliament in Haiti and is colleagues know, yesterday the Demo- thority to issue Executive Orders. Our the opposition party for current Presi- crats had a little love fest over in the March 4, 1999 CONGRESSIONAL RECORD — HOUSE H963 Rotunda to talk about their agenda, School modernization represents our oric that seems to, quite frankly, come and I was interested in this. I like to national defense for the generations to on both sides, and do what is right for watch Democrats. After all, they are come. We should support it heartily on our children. We support tax relief, we very interesting people when we really both sides of the aisle. support strengthening defense. But let study them. And of course so much of f us be honest, they did not support their agenda they have co-opted from school modernization last year. With a A NATURAL DIVIDE BETWEEN the Republicans. Our best agenda, for new day here in the Congress, we have REPUBLICANS AND DEMOCRATS example, balancing the budget, paying moved beyond all the partisan bicker- down the debt, excellence in education, (Mr. FOSSELLA asked and was given ing and division that separated us last ‘‘S’’ for saving Social Security, ‘‘T’’ for permission to address the House for 1 year. lowering taxes. minute and to revise and extend his re- Let us do what is right. I say to the The Republican’s best agenda; that is marks.) gentleman from Illinois (Mr. WELLER), what the Democrats are using. Mr. FOSELLA. Mr. Speaker, this is a I will support marriage tax relief if he But then they could not stop there. natural divide here today. We hear it will support building new schools in Il- They had to put in something for the on the other side of the aisle. I think linois and Tennessee. whacky fringe left element of their pol- both parties are sincere about protect- f icy, spending 38 percent of the Social ing and strengthening social security Security dollars. That is right. They and Medicare. Both want to improve ENDING THE MARRIAGE TAX are bragging, hey, we are going to save education. How can we not be for im- PENALTY only 62 percent of Social Security, proving education? I think on our side (Mr. WELLER asked and was given using 32 percent for non-Social Secu- of the aisle, at least, we want to permission to address the House for 1 rity items. strengthen national defense. minute and to revise and extend his re- The whacky fringe left also is push- The divide, really, is between more marks.) ing busting the budget caps. Of course, spending and bigger government on Mr. WELLER. Mr. Speaker, I would the President, he did give has word, but this side, and tax relief and more op- like to, of course, point out to my so much for that. portunity and more freedom for the friend across the aisle that this House Then federalizing public education. I American people on this side. We be- passed legislation to provide for school am sorry that the school districts in lieve strongly that we can protect and construction in the 90–10 tax cut plan their areas did not do the responsible strengthen social security if given the last year, and Republicans voted for it. things and build school buildings, but I chance, despite the rhetoric on the I have an important question before do not want the Federal Government other side, and at the same time agree the House today. That is, do the Amer- coming into my district and telling us that the American people are over- ican people feel that it is right, that it how to build, how to educate our chil- taxed and they deserve more of their is fair, that married working couples dren. hard-earned money back, and the free- pay higher taxes under our tax code Mr. Speaker, we do not need Wash- dom and opportunity to spend it on just because they are married? Do the ington bureaucrats; we need local con- their families and their communities. Americans feel that it is right that 21 trol of education. If we keep it here in Washington, we million average working married cou- f give the other side the chance, and all ples pay, on average, $1,400 more in b 1030 they are going to do is spend it unnec- higher taxes just because they are mar- essarily on wasteful spending. ried, higher taxes than identical work- POPULATION PRESSURES IN f ing couples working outside of mar- SCHOOLS MEAN STATE AND FED- riages? RISING DEMANDS ON SCHOOLS, ERAL RESPONSIBILITY Of course Americans do not feel that NOT IRRESPONSIBILITY, CAUSE (Mr. WEINER asked and was given is right, that is fair. It is just not right HIGHER SCHOOL UPKEEP COSTS permission to address the House for 1 and fair that married working couples minute and to revise and extend his re- (Mr. FORD asked and was given per- pay more. In fact, we should make marks.) mission to address the House for 1 elimination of the marriage tax pen- Mr. WEINER. Mr. Speaker, I would minute and to revise and extend his re- alty a priority in this Congress. The invite my colleague to visit some of marks.) $1,400, the average marriage tax pen- the schools in my district in Brooklyn Mr. FORD. Mr. Speaker, I would say alty, that is one year’s tuition in the and Queens. I think what they will find to my friend, the gentleman from Geor- Joliet Junior College in the district are some great teachers and some gia (Mr. KINGSTON), people in Ten- that I represent, or 3 months of day eager students. They will probably find nessee have not been irresponsible in care at a local child care center. It is them not only in classrooms, but they spending education funds. I would rec- real money for real people back home. will find them in gymnasiums, they ommend to him that he ought to look Let us lower taxes, and let us make will find them in storage closets, they at the problems in Atlanta and other elimination of the marriage tax pen- will find them in lunch rooms, stuck in places in Georgia in keeping up with alty a family priority this year. nooks and crannies in virtually every some of the rising demands in our f building. schools. Why is that? It is because in places The reality is that some 14 million of QUALITY SCHOOLS SHOULD BE A like Community School District 24 and our students, of the 52.7 which are en- BIPARTISAN GOAL 27 in Queens, Districts 21 and 22 in rolled in public schools around the Na- (Ms. BERKLEY asked and was given Kings County, we have populations in tion today, go to school each and every permission to address the House for 1 those schools in the neighborhood of day with some major infrastructure minute and to revise and extend her re- 120 to 140 percent of capacity. problem. We can argue Republican and marks.) This is an extraordinary blessing. Democrat, we can argue State and Fed- Ms. BERKLEY. Mr. Speaker, I rise to These students represent the best eral, but the reality is, 14 million kids talk a little bit about the district that hopes for our country and best hopes day in and day out have to worry about I represent. I represent southern Ne- for our community. But with that a roof falling in. vada, which is the fastest growing dis- blessing comes a certain responsibility Maybe it is me, but I think we have trict in the United States. I have 5,000 that we must face, not only in local- a role in ensuring our kids can go to new residents pouring into southern ities but here in Washington. That is to school in safe and clean and learner- Nevada every month. support school modernization. If we friendly environments. Maybe it is me, We have the fastest growing school- can build roads that go by these in thinking that the Federal Govern- age population in the United States. schools, we should be able to build ment, if we can build prisons, that we We need to have school construction in roofs and extensions on these schools ought to be able to build schools. order to keep up with the unprece- and make sure they are wired for the It is my hope that we can get beyond dented growth. We have 1,200 students Internet. this partisan and inflammatory rhet- for every school in southern Nevada. H964 CONGRESSIONAL RECORD — HOUSE March 4, 1999 That is twice the national average. We The biggest reason why social secu- assistance, and for other purposes. The first have 210,000 people in our school dis- rity needs to be reformed is not be- reading of the bill shall be dispensed with. trict. These students are being edu- cause it is going bankrupt, although it Points of order against consideration of the bill for failure to comply with clause 4(a) of cated in trailers, they are being edu- is impossible to deny that it is. No, the rule XIII are waived. General debate shall be cated in portables. biggest reason why social security confined to the bill and shall not exceed one I say, Mr. Speaker, that this is not an needs to be reformed is because the hour equally divided and controlled by the appropriate place for our students in current system denies ordinary work- chairman and ranking minority member of America to be educated. They are cry- ers the benefits of compound interest. the Committee on Transportation and Infra- ing out for better educational opportu- Money taken out of a worker’s pay- structure. After general debate the bill shall nities. check does not go into a fund that will be considered for amendment under the five- I believe education is a nonpartisan earn compound interest. It is spent. minute rule. It shall be in order to consider as an original bill for the purpose of amend- issue and should be approached in that The money does not grow, and benefits ment under the five-minute rule the amend- manner. Our goal should be to prepare can only come from taking money out ment in the nature of a substitute rec- our students for the next millennium, of someone else’s paycheck. ommended by the Committee on Transpor- for the great challenges that lie ahead It is time to take advantage of the tation and Infrastructure now printed in the in our global economy. I ask the people eighth wonder of the world. bill. The committee amendment in the na- ture of a substitute shall be considered by on the other side of the aisle to join f with us in order to do what is right for title rather than by section. Each title shall TIME FOR A BIPARTISAN SCHOOL be considered as read. During consideration our American students. of the bill for amendment, the chairman of f MODERNIZATION ACT the Committee of the Whole may accord pri- THE EXPANSION OF ED-FLEX PER- (Mr. LARSON asked and was given ority in recognition on the basis of whether the Member offering an amendment has MITS DELEGATION OF GREATER permission to address the House for 1 minute and to revise and extend his re- caused it to be printed in the portion of the AUTHORITY IN EDUCATION TO Congressional Record designated for that STATES AND LOCALITIES marks.) purpose in clause 8 of rule XVIII. Amend- Mr. LARSON. Mr. Speaker, school ments so printed shall be considered as read. (Mr. LUCAS of Kentucky asked and buildings in this Nation represent a $2 was given permission to address the The chairman of the Committee of the Whole trillion investment, an investment may: (1) postpone until a time during further House for 1 minute and to revise and that was primarily made by a genera- consideration in the Committee of the Whole extend his remarks.) tion of people who survived the depres- a request for a recorded vote on any amend- Mr. LUCAS of Kentucky. Mr. Speak- sion and fought and won the Second ment; and (2) reduce to five minutes the min- er, as the former chairman of the imum time for electronic voting on any post- World War. Upon returning, they saw Northern Kentucky University Board poned question that follows another elec- the need to expand schools, saw the of Regents, I believe that all too often tronic vote without intervening business, need to provide for their children, saw education decisions are made at the provided that the minimum time for elec- the responsibility that was placed upon Federal level by bureaucrats who have tronic voting on the first in any series of them as they addressed the issue of a questions shall be 15 minutes. At the conclu- little knowledge of the needs of the crumbling infrastructure system and sion of consideration of the bill for amend- school at the local level, leaving teach- the need to have schools that were not ment the Committee shall rise and report ers, principals, and local school boards overcrowded and could provide the best the bill to the House with such amendments with their hands tied. as may have been adopted. Any Member may possible education. That is why I support the Education demand a separate vote in the House on any Many of the Members of Congress are Flexibility Partnership Act of 1999. The amendment adopted in the Committee of the beneficiaries of that generation. It is expansion of Ed-Flex allows the Sec- Whole to the bill or to the committee the responsibility of us today to em- retary of Education to delegate to amendment in the nature of a substitute. brace the issue of school modernization The previous question shall be considered as States the authority to waive Federal and pass in a bipartisan effort the ordered on the bill and amendments thereto regulation requirements that interfere School Modernization Act. By provid- to final passage without intervening motion with the schools’ ability to educate our ing these monies, we can ensure not except one motion to recommit with or with- children. only smaller classes, but address the out instructions. The proposed legislation makes many infrastructure concerns and the tech- The SPEAKER pro tempore (Mr. programs eligible for waivers. The bill nological concerns that we need to HEFLEY). The gentleman from Florida will help do away with many burden- take this Nation and our children into (Mr. GOSS) is recognized for 1 hour. some Federal regulations, giving more the 21st century. Mr. GOSS. Mr. Speaker, for purposes decision-making power to the local Let me conclude by saying this, that of debate only, I yield the customary 30 level. Our schools must have the flexi- this is a match that cannot be post- minutes to my friend, the distin- bility to tailor specific solutions to poned. guished gentleman from Massachusetts specific problems. Local school boards (Mr. MOAKLEY), the ranking member, understand local needs best. f pending which I yield myself such time f PROVIDING FOR CONSIDERATION as I may consume. During consider- ation of this resolution, all time yield- IT IS TIME TO TAKE ADVANTAGE OF H.R. 707, DISASTER MITIGA- ed is for purposes of debate only. OF THE EIGHTH WONDER OF THE TION AND COST REDUCTION ACT Mr. Speaker, I am pleased to bring WORLD, COMPOUND INTEREST OF 1999 forward another noncontroversial open (Mr. COOKSEY asked and was given Mr. GOSS. Mr. Speaker, by direction rule under the leadership of the gen- permission to address the House for 1 of the Committee on Rules, I call up tleman from California (Chairman minute and to revise and extend his re- House Resolution 91 and ask for its im- DAVID DREIER). marks.) mediate consideration. The rule waives clause 4(a) of rule Mr. COOKSEY. Mr. Speaker, Baron The Clerk read the resolution, as fol- XIII requiring a 3-day layover of the Rothschild once said, I do not know lows: committee report against consider- what the Seven Wonders of the World H. RES. 91 ation of the bill. The rule provides for are, but I do know the eighth, com- Resolved, That at any time after the adop- 1 hour of general debate, equally di- pound interest. Mr. Speaker, Baron tion of this resolution the Speaker may, pur- vided between the chairman and rank- Rothschild called compound interest suant to clause 2(b) of rule XVIII, declare the ing member of the Committee on the eighth wonder of the world for a House resolved into the Committee of the Transportation and Infrastructure, and good reason. Modest amounts of Whole House on the state of the Union for makes in order our committee amend- money, when invested and then rein- consideration of the bill (H.R. 707) to amend the Robert T. Stafford Disaster Relief and ment in the nature of a substitute as vested, grow over time in a spectacular Emergency Assistance Act to authorize a an original bill for the purposes of fashion. It takes patience but it works, program for predisaster mitigation, to amendment. as all seniors who started out with streamline the administration of disaster re- The Chair is authorized to accord pri- modest means but saved now know. lief, to control the Federal costs of disaster ority in recognition to members who March 4, 1999 CONGRESSIONAL RECORD — HOUSE H965 have preprinted their amendments in money. H.R. 707 is a good bipartisan Mr. Speaker, I urge my colleagues to the CONGRESSIONAL RECORD, and fi- bill that is long overdue. I encourage support this bill and support this open nally, the rule provides one motion to my colleagues to support this open, rule. It is supported by the American recommit, with or without instruc- fair rule, as well as the underlying bill. Red Cross, the National Emergency tions. This is an otherwise wonderful Mr. Speaker, I reserve the balance of Management Association, and it will rule that should certainly engender no my time. make a big difference in people’s lives controversy, and deserves, I believe, Mr. MOAKLEY. Mr. Speaker, I thank when they need it most. the support of the full House. the gentleman from Sanibel, Florida Mr. Speaker, I yield 3 minutes to the H.R. 707, which this carries, is the (Mr. GOSS) for yielding me the cus- honorable gentleman from Ohio (Mr. straightforward commonsense solution tomary half-hour, and I yield myself TRAFICANT). to a very real problem that impacts such time as I may consume. Mr. TRAFICANT. Mr. Speaker, I rise folks in my district and, of course, Mr. Speaker, in the last 5 years, nat- in support of the rule and the bill, but throughout the country as well. ural disasters have killed over 800 peo- I want to talk a little bit about an ple in the United States. In addition to b 1045 amendment I am going to offer because costing people their lives, these disas- it is not done yet, so I am going to be- The problem we are facing is not a ters cost $60 billion in property loss labor the point for about a minute. It new one: How to improve the way we and other damage. is a ‘‘Buy American’’ amendment. plan for and deliver assistance to com- But this open rule provides for the Mr. Speaker, I do not know if my col- munities that have the misfortune to consideration of the bill which will leagues noticed this past week they be hit by natural disasters. help minimize the loss of life and prop- sent around these television remotes. I commend the gentlewoman from erty due to fires, floods, hurricanes They are like yellow toys. They are Florida (Mrs. FOWLER), my Florida col- earthquakes and tornadoes. squeezey, real soft. They look like league, for her leadership on this im- Mr. Speaker, it will enable Federal, Teletubby toys. They are yellow. And portant issue and for the substantive, State, and local governments to take when we look at them, everybody just bipartisan work product which she has steps to prepare for disasters before says, look at this, the telecommuni- delivered. they happen in order to minimize the cations industry is lobbying the Con- Mr. Speaker, H.R. 707 improves the injuries or damage caused by these nat- gress of the United States. What a way process by outlining seven specific, ob- ural disasters. to get our attention. jective criteria for awarding grants and This bill will help people. It will cre- Then if one turns it over on the other by requiring mitigation projects to be ate firebreaks to stop the spread of side and looks at the back and looks cost-effective. H.R. 707 increases the wildfires, it will help build emergency down at the bottom, it is made in role of the State and local governments generators to provide electricity dur- China. I know everybody laughs about in the short term and requires FEMA ing hurricanes, it will strengthen water this, and we argue about flies on our to develop a process for delegating a towers and retrofit overpasses to slow face. I think we have got a dragon eat- greater portion of the hazard mitiga- the impact of earthquakes, and it will ing our assets. tion piece to the States after fiscal seal manhole covers in case of floods. But here is what I want to talk year 2000. Mr. Speaker, this bill will also enable about. I think it is time to look at Buy Having witnessed a number of natu- the President to help people who do not American laws and to enforce what ral disasters, regrettably in my own have disaster insurance make emer- Buy American laws are on the books. district and elsewhere, I know that gency repairs to their homes in a time- From Teletubbies to remotes lobbying hazard mitigation is best accomplished ly fashion. the Congress, the labels now read at the local level, where people tie According to the Federal Emergency ‘‘Made for U.S.A.’’ And if we look at it, down their roofs and board up their Management Agency, last year was one on first glance we think it is made in windows. This bill clearly moves in of the deadliest hurricane seasons in the U.S.A. But we need the Hubble tel- that direction. more than 200 years, killing about escope to look at it further, and it says This is a sound approach that will 10,000 people in eight countries and ‘‘Made for U.S.A.’’ in big print, and help our constituents at every stage of causing billions and billions of dollars down in microscopic print it says the process. Our communities will be in damage. Experts predict that this ‘‘Made in China.’’ Come on, now, I better prepared for disasters and, when year will even be worse, particularly in think we even have to toughen these one hits, the process to receive assist- the Atlantic basin. laws up. ance will be streamlined and more effi- Mr. Speaker, this June we had hor- Mr. Speaker, I am going have a little cient. I know that will be welcomed rible flooding in my home State of amendment. I congratulate the gentle- news. Massachusetts. The damage was so bad woman from Florida (Chairman Mr. Speaker, H.R. 707 complements that President Clinton declared seven FOWLER) on her very first bill. She is, an effort that the Committee on Rules Massachusetts counties disaster areas. in fact, making sure there will be has been working on in conjunction Thousands upon thousands of people enough money in this bill with her with the Committee on the Budget to applied for recovery assistance to re- amendment, and we on this side sup- fix our broken budget process. One of pair the damage, most of which was port her and her amendment. I notified the pillars of our bill, the Comprehen- caused by surge backup and overflows. my colleagues of my amendment, and I sive Budget Process Reform Act, is the Mr. Speaker, we all know that kind of hope it has time to get here. creation of a reserve fund to budget up damage is not always covered by prop- Mr. MOAKLEY. Mr. Speaker, I yield front for emergencies, an initiative erty insurance and people usually learn back the balance of my time. long championed by the gentleman about it just a little too late. This bill Mr. GOSS. Mr. Speaker, we have no from Delaware (Mr. CASTLE), the will help those people. requests for time at this point. I only former governor of Delaware. This bill is also based on the idea urge that Members support this fair, H.R. 707 enjoys the support of several that if we prepare for disasters now, we open rule. major organizations, including many will save people’s lives and people’s Mr. Speaker, I yield back the balance at the front lines such as the American property later. of my time, and I move the previous Red Cross and the National League of Conservative estimates are that this question on the resolution. Cities. In fact, the gentlewoman from bill will save $109 million over the first The previous question was ordered. Florida (Mrs. FOWLER) has been work- 5 years; and that is assuming that a The resolution was agreed to. ing closely with the administration dollar spent before disaster is only A motion to reconsider was laid on and has incorporated a number of rec- worth a dollar after disaster. And, Mr. the table. ommendations from them in this pack- Speaker, most people say the numbers f age. As a result, FEMA is also support- are even greater, that every dollar ing H.R. 707. spent now saves $3 later. Mr. Speaker, PERSONAL EXPLANATION Mr. Speaker, the bottom line is that either way, this bill will pay for itself Mr. OBERSTAR. Mr. Speaker, I was effective mitigation saves lives and and then some. inadvertently detained and unable to H966 CONGRESSIONAL RECORD — HOUSE March 4, 1999 vote on rollcall vote No. 32, the ‘‘Death (Chairman FOWLER) and the gentleman going up incrementally and, in the last on the High Seas Act.’’ Had I been from Ohio (Mr. TRAFICANT), sub- few years, almost explosively with the here, I obviously would have voted committee ranking minority member, number of disasters and the greater in- ‘‘aye.’’ for their work on this legislation, as tensity of disasters that we are seeing. f well as the gentleman from Pennsyl- b 1100 vania (Mr. BORSKI) and the gentleman DISASTER MITIGATION AND COST As the gentleman from Pennsylvania from New York (Mr. BOEHLERT). I also REDUCTION ACT OF 1999 want to thank the gentleman from (Chairman SHUSTER) said at one time, FEMA’s response to these tragedies The SPEAKER pro tempore (Mr. Minnesota (Mr. OBERSTAR), ranking GOSS). Pursuant to House Resolution 91 minority member of the full commit- was in itself a disaster. As chair of the oversight committee in the mid 1980s, I and rule XVIII, the Chair declares the tee, for his support. House in the Committee of the Whole Mr. Chairman, one final point, I want held hearings on the terrible response House on the State of the Union for the to emphasize my strong support for the of FEMA and of a plan, then, that would have shifted unacceptable cost consideration of the bill, H.R. 707. outstanding job that FEMA is doing. levels on local government as a result Years ago, FEMA itself was a disaster b 1055 of disasters. in many respects. But under the leader- IN THE COMMITTEE OF THE WHOLE Together with our colleagues on the ship of James Lee Witt and others at Republican side, we stopped that plan Accordingly, the House resolved FEMA, they are actually, in my judg- itself into the Committee of the Whole and reshaped the whole Federal Disas- ment, doing an outstanding job; and I ter Assistance Program, which has con- House on the State of the Union for the think the American people should consideration of the bill (H.R. 707) to tinued to be managed in an increas- know that. ingly better fashion. amend the Robert T. Stafford Disaster Mr. Chairman, I reserve the balance Relief and Emergency Assistance Act But in 1989, outlays, principally as a of my time. result of Hurricane Hugo were $1.2 bil- to authorize a program for predisaster The CHAIRMAN. Without objection, mitigation, to streamline the adminis- lion for disaster relief. That was a the gentleman from Ohio (Mr. TRAFI- milestone. That was the first time the tration of disaster relief, to control the CANT) will control the time allotted to Federal costs of disaster assistance, Federal Government had paid out for a the gentleman from Minnesota (Mr. single tragedy over $1 billion. and for other purposes, with Mr. OBERSTAR). Well, not this year, but in succeeding HEFLEY in the chair. There was no objection. years, we have been in excess of a $1 The Clerk read the title of the bill. Mr. TRAFICANT. Mr. Chairman, I billion every year outlay for disasters. The CHAIRMAN. Pursuant to the yield such time as he may consume to In 1994, it hit $5.4 billion for one year. rule, the bill is considered as having the gentleman from Minnesota (Mr. Last year, it dropped a little bit to $2 been read the first time. OBERSTAR), ranking Democrat on this billion. But still, those are extremely Under the rule, the gentleman from side. And if we left the Social Security high numbers. Pennsylvania (Mr. SHUSTER) and the issue up to the gentleman from Min- When we take a careful look at the gentleman from Minnesota (Mr. OBER- nesota and the gentleman from Penn- circumstances, the geography, the STAR) each will control 30 minutes. sylvania (Mr. SHUSTER), we would have local conditions, we find recurring pat- The Chair recognizes the gentleman less arguments and more results. terns. A very significant portion of from Pennsylvania (Mr. SHUSTER). Mr. OBERSTAR. Mr. Chairman, I rise what we are paying for disaster relief is Mr. SHUSTER. Mr. Chairman, I yield in support of H.R. 707, the Disaster for people, properties that have sus- myself such time as I may consume. Mitigation and Cost Reduction Act of tained prior losses that have not taken Mr. Chairman, I rise in strong sup- 1999. I greatly appreciate the initiative action to protect themselves against port of this legislation. that the gentleman from Pennsylvania these acts of nature. The bill addresses two separate (Chairman SHUSTER) has demonstrated What this bill does is it moves us in needs: increasing the predisaster haz- in moving this bill so quickly through the direction of not continuing to pay ard mitigation activities, as well as re- subcommittee, full committee, and to over and over again for the same losses ducing the costs of providing post-dis- the floor. to the same people in the same geo- aster assistance. It establishes a feder- I congratulate the gentleman from graphic areas for which we have pre- ally funded predisaster hazard mitiga- New York (Mr. BOEHLERT), chairman of viously paid for losses. tion program, and it authorizes $105 the Subcommittee on Water Resources We should not continue to shower million over 2 years for helping fund a and Environment, as well as the gen- Federal dollars and local and State dol- cost-effective hazard mitigation activ- tleman from Pennsylvania (Mr. BOR- lars on people who insist on remaining ity. SKI), the ranking member on that sub- in harm’s way without taking prevent- In addition, the bill increases the au- committee. This bill was heard in their ative measures. An old adage, an ounce thorization for post-disaster mitigation subcommittee in the last Congress. The of prevention is worth a pound of cure, funding by 33 percent. It also adopts bill has been reshaped and heard in a applies to this kind of Federal program measures that would modify and new subcommittee in this Congress, as well. streamline the current post-disaster and I again commend the gentlewoman Experience under section 404 of the assistance program with the intention from Florida (Chairman FOWLER) and Stafford Act provides for postdisaster of reducing Federal disaster assistance the gentleman from Ohio (Mr. TRAFI- mitigation, and it clearly shows that costs without adversely affecting disas- CANT), ranking member, for their mitigation is an effective way to limit ter victims. strong commitment to moving the leg- future damages; that is, postdisaster, There are two primary ways to re- islation forward and doing so very after tragedy has struck, take some ac- duce the costs of a natural disaster. quickly. tions to protect yourself against the One is to take measures that reduce Mr. Chairman, there are two main next one. our Nation’s vulnerability to hazards, elements that we are dealing with in It is a good initiative. We are and the other is to make current disas- this legislation: a predisaster mitiga- strengthening that response in this leg- ter programs more efficient. The bill tion program and streamlining of exist- islation. But it is not enough. We need does both. ing disaster assistance programs under to go further, as we learned from the This legislation is sponsored by Mem- the Stafford Act. history of these various kinds of trage- bers on both sides of the aisle and is I think this legislation has great po- dies and disasters that strike various supported by groups such as the Amer- tential to improve Federal, local and parts of our country. ican Red Cross, the National League of State government response to disas- The predisaster mitigation program Cities, the National Emergency Man- ters, reduce the cost of those responses focuses on local government initia- agement Association and the Associa- and do a better job for the victims of tives, private sector participation, and tion of State Floodplain Managers. disasters. leveraging of private sector participa- Mr. Chairman, I certainly congratu- The cost of the Federal, State, and tion. After all, we continue to reim- late the gentlewoman from Florida local response to disaster has been burse people and businesses who are in March 4, 1999 CONGRESSIONAL RECORD — HOUSE H967 harm’s way, and private sector should also want to thank the gentleman from burning statewide, every county in be a part of the advance protection. Ohio (Mr. TRAFICANT), my good friend, Florida felt the impact. The expectation is, and I say expecta- the subcommittee ranking member, I just want to give you a brief story tion because I do not want to overstate minority member, for his work on this about these fires, an example here. One the potential, the expectation is that legislation. I also want to thank the of my constituents, Greg Westin, a these initiatives, predisaster actions, gentleman from Pennsylvania (Chair- resident of Flagler County, and a dep- involving private sector, leveraging man SHUSTER) and the gentleman from uty sheriff, lost his home in the private sector resources will enhance Minnesota (Mr. OBERSTAR), ranking wildfires. In early July, Deputy Westin State mitigation plans that should be minority member of the full commit- left his home for work at 7 a.m. to as- developed in coordination and con- tee, for their support and their help to sist county officials and fire fighters sultation with local governments and me as well. with the ongoing fires. with FEMA. H.R. 707 would amend the Robert T. Throughout the day, Deputy Westin We are hopeful that this new pro- Stafford Disaster Relief and Emer- stayed in close contact with his wife gram is going to make a very useful gency Assistance Act to provide au- and two children to give them updates and significant contribution to control thorization for a predisaster mitigation on the fires. Then eventually he had to disaster losses before disaster strikes, program, and it would implement sev- tell his own family to evacuate. But so that when one is and this region is eral cost saving measures. Deputy Westin did not just give up. He struck, it will be better prepared to This legislation is substantially simi- continued to fight the fires on the op- withstand and will have lower losses. lar to legislation that was reported out posite side of the county. In fact, he Now there is a pilot project that, as of the full committee in the last Con- was working side by side with fire the gentleman from Pennsylvania gress. I want to commend the gen- fighters in the southern part of Flagler (Chairman SHUSTER) said, was devel- tleman from New York (Mr. BOEHLERT) County when his own home caught fire oped under the leadership of Director and the gentleman from Pennsylvania and burned to the ground. Witt at FEMA, called Project Impact. (Mr. BORSKI) for their efforts in devel- Among the homes he was trying to It has been widely praised by local oping that bill, and they are cosponsors save was a fellow employee of the sher- communities. Community focus, bot- of this bill. iff’s department. This was the kind of toms up planning, local involvement, This is a product of three hearings commitment and sacrifice that was all of which are good initiatives. Let us that were held during the last Congress demonstrated during those fires last hope this becomes a pattern, a model, a by the Subcommittee on Water Re- summer. I applaud Deputy Westin’s ef- good starting point for this new sources and Environment, and it re- forts. But more than that, I want to predisaster initiative we are authoriz- flects the careful work of State and help him and all of the other people ing in this legislation. local emergency managers and other who respond to these emergencies. But I emphasize from my previous State and local government officials. I believe that an emphasis on mitiga- experience in holding extensive hear- H.R. 707 focuses on two important tion could have spared the State and ings on disaster mitigation, it will re- issues. First, mitigation activities are my District from some of this devasta- quire extensive intergovernmental co- not set out as a high priority in the tion. ordination and cooperation. It is going current Stafford Act. This needs to A recent report that was issued by to have to start from the local level. change. H.R. 707 will, for the first time, our Governor’s Wildfire Response and The Federal Government is not going authorize Federal funding for cost ef- Mitigation Review Committee states to come in and do it for them. They fective predisaster mitigation projects. that, if Florida does not take the nec- have got to do it. They have got to The appropriators have funded an un- essary preventative efforts to ensure then coordinate with State and with authorized program for the last 3 fiscal wildfire safety, the devastation experi- FEMA well in advance of disasters and years. enced during the wildfires of 1998 will make some very tough decisions such Second, the cost of natural disasters not only be repeated, but will also in- as local zoning to keep people out of has been increasing to the point where crease in severity. harm’s way. If they do not do it, they Congress must take a hard look at Florida has already taken important should not expect to be compensated measures that control cost while still steps in the wake of these wildfires to for their failure to keep themselves out providing that critical assistance that prepare itself for future disasters and is of harm’s way. is needed by victims of disasters. using methods like control burns of un- We will have to undertake extensive H.R. 707 would adopt various stream- derbrush to prevent a similar disaster. oversight of this Project Impact and of lining and cost-cutting measures, I just want to point out that this leg- these future plans to see that they many of which were proposed by the islation will help alleviate the pain and really are focused on what we intend administration. The committee antici- suffering and property damage, not them to do. At stake are people’s lives, pates this bill will save $109 million only of Floridians, but also of all people’s well-being, the integrity of over the first 5 years and even more in Americans. It also has that added bene- communities, but also at stake are bil- the long run. fit of reducing our Federal cost. lions of dollars of Federal funds that In addition, the bill provides specific Mr. Chairman, I urge support for this are going to be called upon to reim- criteria and structure to a FEMA pro- legislation. burse local government and make them gram that currently has no such cri- Mr. TRAFICANT. Mr. Chairman, I whole after disaster has struck. teria or structure. yield as much time as he may consume We are off to a good start. I think Finally, the bill will require FEMA to the gentleman from Pennsylvania this is a very good move forward. I also to give greater authority and control (Mr. BORSKI), a gentleman who has think, at the same time, it is going to to State and local governments over much to do with the authorship of this require intense vigilance on the part of the administration of the mitigation legislation, his fine work with the gen- our committee and on the part of and disaster assistance programs. tleman from New York (Mr. BOEH- FEMA to make sure that it does work. Last year, the State of Florida, my LERT). It is in the right direction. I commend State endured one of the most tragic (Mr. BORSKI asked and was given the chairman for moving this legisla- natural disasters, wildfires. When the permission to revise and extend his re- tion. We are all going to have to make smoke had cleared and all of the fires marks.) an extra effort to make it work. were out, over half a million acres had Mr. BORSKI. Mr. Chairman, I rise in Mr. SHUSTER. Mr. Chairman, I am been burned. Three hundred homes strong support of H.R. 707, the Disaster pleased to yield 6 minutes to the dis- were damaged or completely destroyed, Mitigation and Cost Reduction Act of tinguished gentlewoman from Florida and numerous businesses were signifi- 1999. This bill is a result of bipartisan (Mrs. FOWLER), chairman of the Sub- cantly damaged or closed. cooperation over two Congresses. committee on Oversight, Investiga- My district suffered some of the In particular, I want to acknowledge tions and Emergency Management. heaviest damage with the entire coun- the hard work of my colleague and sub- Mrs. FOWLER. Mr. Chairman, I rise ty of Flagler being evacuated for safety committee chairman, the gentleman in strong support of this legislation. I precautions. With over 2,000 wildfires from New York (Mr. BOEHLERT), for his H968 CONGRESSIONAL RECORD — HOUSE March 4, 1999 work in laying a foundation for this Mr. Chairman, the 22nd Congres- Mr. Chairman, I believe the United bill in the last Congress in a truly bi- sional District of New York is notori- States does a better job than any other partisan fashion. That bipartisanship ous for its harsh winters, but no one country in the world in responding to has extended to this Congress and the could have prepared for the January, natural disasters. Yet, in the words of new leadership of the Subcommittee on 1998, ice storm disaster. Below-freezing Thomas Edison, ‘‘There’s always a way Oversight, Investigations and Emer- temperatures, coupled with record to do it better. Find it.’’ gency Management, the gentlewoman rainfall combined to coat a region ex- Simply put, my bill requires the di- from Florida (Mrs. FOWLER), and the tending from Western New York to rector of FEMA to find a better way to gentleman from Ohio (Mr. TRAFICANT), Maine in solid ice. As you all know, the help dairy farmers who are hit by a ranking member. results of this storm were devastating. natural disaster. I believe this legisla- This bill demonstrates how we can Seventeen lives were lost, and roughly tion is vital to provide a meaningful work together under the leadership of 1.5 million people were without elec- long-term benefit to the farm families the gentleman from Pennsylvania tricity, some for more than 3 weeks. I represent. I commend the gentle- (Chairman SHUSTER) and the gen- The hardest hit in the storm were the woman from Florida for her great work tleman from Minnesota (Mr. OBER- dairy farmers. The prolonged power and the members of the committee as STAR), ranking member, to accomplish outage severely jeopardized their live- well. a common goal, improving the health lihood. The production and distribution Mr. TRAFICANT. Mr. Chairman, I and safety of all of our citizens. abilities of the dairy community came yield such time as he may consume to Mr. Chairman, in the years that the to a sudden halt. Without power, the the gentleman from Maine (Mr. disaster relief program was within the farmers were unable to store or BALDACCI) and thank him for his work jurisdiction of the Subcommittee on produce milk properly. This resulted in on this bill and some of the interests Water Resources and Environment, we the loss of approximately 14 million he brings forward. had several opportunities to hear about pounds of milk, taking money right Mr. BALDACCI. Mr. Chairman, I the Federal response to disasters and, out of the dairy farmers’ pockets. thank the ranking member both for more importantly, about the need to do As a result of the storm, farmers that courtesy and for his leadership on something to reduce disaster-related were forced to apply to the Dairy Pro- the committee in bringing this legisla- losses in advance of disaster. We duction Disaster Assistance Program. tion forward, and also I wish to thank learned that it is better to be proactive To give my colleagues some under- the chairman and the subcommittee than reactive, and that is what this bill standing of the scope of the disaster, chairman for their work. is about. 362 farmers, Mr. Chairman, applied for A little over a year ago, Maine had As has been noted before, James Lee assistance and over $600,000 was com- suffered one of the worst storms of the Witt, the director of FEMA, has done a mitted. However, this process took in- century. It was the ice storm of the truly remarkable job in turning FEMA credible time, and some of the farmers century. Maine residents were without from one of the most criticized agen- still have not received their assistance. power for over 2 weeks, in most cases. cies in the Federal Government into Quite frankly, the response was not We are talking about nearly 70 percent one of its more shining examples of fast enough. The problem was that the of all the Maine households who lost Federal, State, local partnership. No people working in the field lacked the power for that period, affecting and im- longer does the old line ‘‘I’m from the authority to make critical decisions. pacting over 1.2 million people in the Federal Government, and I’m here to No action was taken until they State of Maine. help’’ elicit laughs, at least not where checked with their supervisors. This Lewiston, the second largest city in FEMA is concerned. time-consuming decision-making proc- the State of Maine, suffered nearly 100 What we are doing today is endorsing ess must be changed. percent power loss. Farmers and small Director Witt’s concept of providing as- Let me give a perfect example. A businesses were devastated by the ice sistance to communities in advance of constituent of mine who helped coordi- storm. That is why I strongly support disaster. We are endorsing Project Im- nate the disaster relief operations com- and worked with the committee to pact. I am optimistic that the invest- plained about the lack of a direct line make these reforms necessary so that, ment we are making today will return of communications with officials from next time around, the only natural dis- great dividends in future losses avoided FEMA. For instance, he told one offi- aster occurs is the one we are working to lives, property, and the national cial over the phone that the farmers to clean up, not the one after the gov- economy. were in desperate need of generators, ernment comes in to try to help people That is why I am so pleased to co- yet he had to make several appeals work on. sponsor this bill. with three separate people before the This is a bipartisan bill focusing our b 1115 message was heard. It still took over a attention on the pre- and post-disaster Mr. Chairman, I urge all of my col- week for the generators to arrive. mitigation assistance and better pre- leagues to support H.R. 707 on its final In the meantime, these farm families paring our communities for the future. passage. had no income. Going a week without I am in particular support of the pieces Mr. SHUSTER. Mr. Chairman, I yield power is a disruption to all of our lives, that deal with Maine farmers and for- 5 minutes to the gentleman from New but to be unable to make a living jeop- estry and dairy, who were especially York (Mr. SWEENEY), a distinguished ardizes one’s entire existence. hard hit. There was almost a delayed member of the committee. Actually, the first generators to response for getting assistance to our Mr. SWEENEY. Mr. Chairman, I reach the farmers were loaned by farm- farmers to make sure that milk was thank the gentleman for yielding me ers from other regions of the State. not lost or spoiled. The generator as- this time, and I also want to thank the They recognized the severity of the sit- sistance and others moved at a snail’s gentlewoman from Florida (Mrs. uation and acted accordingly. They pace. FOWLER). were able to ship generators to the Agriculture needs a faster, more effi- I rise today in strong support of H.R. needy farmers in just 2 days. cient system to better aid our farmers 707, the Disaster Mitigation and Cost Mr. Chairman, this type of relief and our small business people, and that Reduction Act. In particular, I would should not only occur because of the is why this bill calls for directing the like to stress the importance of section generosity and understanding of our FEMA director to develop a better ag- 208 to my constituents. neighbors. We must install a quicker, riculture system, working with the De- On the first day of the 106th Con- more decisive policy for providing im- partment of Agriculture to report back gress, also my first day in Congress, I mediate assistance to the agricultural to our committee in 180 days to develop introduced a bill that would help pro- community. a much better, more efficient system. vide emergency assistance to the dairy My language, included as section 208 So this is a first step. I want to com- farmers in my congressional district. I of the bill, begins to address this prob- mend the ranking members and the could not be more pleased that the lan- lem. It directs FEMA to develop meth- chairman of the committee for the guage of that bill has been incor- ods and procedures to accelerate emer- work that has gone on and their leader- porated into H.R. 707. gency relief to rural communities. ship on these issues, and I look forward March 4, 1999 CONGRESSIONAL RECORD — HOUSE H969 to working on more and more reforms impress the chairwoman, the gentle- penalize folks who, for no fault of their in the future. woman from Florida (Mrs. FOWLER), own, had their possessions wiped out. Mr. SHUSTER. Mr. Chairman, I yield with concerns in his district on land- Areas like Kelso, Washington, have no 3 minutes to the gentleman from Cali- slides and is to be given much legisla- alternative to an alternative project. fornia (Mr. MCKEON), a former member tive credit for his efforts. So reducing the Federal share in these of our committee. Mr. BAIRD. Mr. Chairman, we have situations would unfairly hurt these Mr. McKEON. Mr. Chairman, I thank introduced an amendment which has residents. the chairman of the committee, the been incorporated in the en bloc Included in the manager’s amend- gentleman from Pennsylvania (Mr. amendments to which the gentle- ment is a provision to preserve the 90 SHUSTER), for yielding me this time; woman from Florida will be speaking. percent funding level for alternative and I thank him and the subcommittee It has bipartisan support, but I rise projects where communities decide not chairman, the gentlewoman from Flor- now to give my colleagues a sense of to rebuild due to soil instability. ida (Mrs. FOWLER), for their leadership the rationale and the background and Frankly, that is a sound decision. Not in getting this bill to the floor. the need for it. rebuilding where the soil is unstable I rise in strong support of H.R. 707. I want to begin by thanking the will prevent disaster recurrence in the Every time disaster strikes, local gov- chairman, the gentleman from Penn- future. So this bill will not only pro- ernments are faced with the critical sylvania (Mr. SHUSTER); the sub- tect my local communities, in the long task of dealing with the recovery ef- committee chairman, the gentlewoman run it will save us money. forts. California is no stranger to natu- from Florida (Mrs. FOWLER); the rank- I would like to thank the committee ral disasters. In my district alone, we ing members, the gentleman from Min- again, the gentlewoman from Florida have had a severe earthquake and nesota (Mr. OBERSTAR) and the gen- and the chairman for their support, floods and fires in my time here in Con- tleman from Ohio (Mr. TRAFICANT); as and I very much appreciate this chance gress. Local governments have been well as the gentleman from New York to address this important amendment. forced to bear a tremendous fiscal bur- (Mr. BOEHLERT) and the gentleman Mr. TRAFICANT. Mr. Chairman, I den resulting from these unfortunate from Pennsylvania (Mr. BORSKI); and I yield such time as he may consume to events. particularly want to thank the com- the gentleman from Southern Ohio It is bad enough that homes, build- mittee staff. When I brought these con- (Mr. STRICKLAND) who has some con- ings and lives are destroyed at the cerns to the committee, the committee cerns as well. hands of nature, but our local govern- staff immediately worked with my of- Mr. STRICKLAND. Mr. Chairman, I ment are the means through which we fice and with FEMA to find an appro- rise today in support of H.R. 707. This can most effectively prepare for and re- priate solution. I want to thank Ken legislation streamlines the process spond to disasters. It is imperative Kopocis, Arthur Chan and Marcus Pea- used by individuals and families in ap- that we ease their financial burden and cock. plying for disaster assistance through do all we can to help them respond to Here is the situation we are dealing FEMA. H.R. 707 consolidates two exist- the needs of those people whose lives with. In my district a landslide, a slow- ing programs, the Temporary Housing are destroyed after a disaster strikes. moving landslide, has destroyed 137 Assistance Program and the Individual H.R. 707 does exactly that. Specifi- homes. The landslide moves a few and Family Grant Program into one. cally, it authorizes grants to help com- inches a day, but over the course of the This change will help speed relief to munities mitigate natural disasters last year people’s homes have been families who are hit hard by a disaster. and streamlines existing disaster relief moved as much as 200 to 300 feet down programs. Additionally, it includes a a hill and completely destroyed. We are Under current law, a family faced number of provisions that make cur- speaking today of a bill that is de- with damage due to flooding or another rent disaster programs more efficient. signed to reduce the cost of disasters natural disaster must first apply for More importantly, the bill will now by preventing them, and I strongly temporary housing assistance, a fully include measures to ensure local gov- support that. Clearly, a dollar saved in Federal program, and for a small busi- ernments are protected against in- prevention can save us $3 down the ness loan. If they do not qualify for ei- creased financial burdens. The man- road in recovery. ther of these programs, they are then ager’s amendment includes my amend- H.R. 707 reduces the Federal share for often referred to the State-run Individ- ment that provides a public comment alternative projects from 90 percent to ual and Family Grant Program for period when new or modified policies 75 percent. These projects are used help. The Individual and Family Grant are issued. In addition, the amendment when local governments decide not to Program generally assists low-income also prohibits any policy from being repair, restore or reconstruct public fa- families. Because of this two-part ap- applied retroactively. cilities. The amendment we have of- proach, families who are least capable So I want to extend my deepest fered today would ensure that commu- of shouldering the burden of a disaster thanks to the gentlewoman from Flor- nities which are unable to rebuild due often wait the longest for relief. Con- ida for allowing this language to be in- to unstable soil, such as a landslide, solidation of the Temporary Housing cluded in her manager’s amendment. I would still receive the higher Federal Assistance and Individual and Family would also like to acknowledge Marcus contribution; and there is a good rea- Grant Programs will relieve this pres- Peacock, on the chairman’s staff, for son for it. sure and speed relief to those who need his dedication to this issue. Finally, I The folks in my district built with it most. want to thank my colleagues on the good intent and every reason to believe I am particularly pleased that this California delegation for their support their homes would be safe. There had legislation also permits homeowners to on this issue, especially the gentleman been no landslide there before. They obtain grant funds to replace homes from California (Mr. JERRY LEWIS), the could not buy landslide insurance be- that are damaged in a disaster. Under gentleman from California (Mr. DAVID cause, as my colleagues may know, it current law, homeowners who sustain DREIER), the gentleman from California is very difficult. So they had every rea- minimal damage to their homes re- (Mr. STEVE HORN), the gentleman from son to believe they would be free from ceive grants of up to $10,000 to restore California (Mr. DUKE CUNNINGHAM) and disasters. Actually, some had built their home to pre-disaster conditions. the gentlewoman from California (Ms. above a floodplain, saying they did not However, homeowners who sustain sub- JUANITA MILLENDER-MCDONALD. want to be flooded out. They had done stantial damage, or whose homes are For these reasons, I strongly support the right thing. But here we have this destroyed, are not eligible for the H.R. 707 and urge my colleagues to vote landslide that has wiped them out. $10,000 grant. in favor of this bill. So what we want to do is make sure Tragically, the disaster victims who Mr. TRAFICANT. Mr. Chairman, I that in cases where the land is unsta- have been shut out of this grant pro- yield such time as he may consume to ble, where the local government de- gram are owners of mobile homes and the gentleman from Washington (Mr. cides not to rebuild, which I think is a other less expensive residences, the BAIRD), a young member who had a sig- prudent decision, we would provide the very people who need the grant the nificant role in this, who was able to full support of the current law and not most. H970 CONGRESSIONAL RECORD — HOUSE March 4, 1999 b 1130 the driving force for this in the last Mrs. FOWLER. Mr. Chairman, I rise in For example, consider this story Congress when the gentleman from strong support of this legislation. about a young couple in southern Ohio. Pennsylvania (Mr. SHUSTER) and the I also want to thank my good friend Sub- Their combined income was less than gentleman from Minnesota (Mr. OBER- committee Ranking Minority Member Traficant, $30,000 when their mobile home was de- STAR) brought it and made it possible. for his work on this legislation. I also want to stroyed by a flood in March of 1997. Time ran out in the Senate, we were thank Chairman Shuster and the Ranking Mi- Two days after the flood hit, a baby not able to have this bill enacted into nority Member of the Full Committee, Jim was born into their family. They had law, and here we are today. Oberstar for their support. no home and were unable to recover I think the bill speaks for itself. The H.R. 707 would amend the Robert T. Staf- the $10,000 grant that their neighbors, gentleman from Minnesota (Mr. OBER- ford Disaster Relief and Emergency Assist- whose homes were not destroyed, re- STAR) said an ounce of prevention is ance Act to provide authorization for a pre-dis- ceived. This couple was forced to move worth a pound of cure. The gentleman aster mitigation program, and implement sev- in with parents in a room, one room in from Maine (Mr. BALDACCI) said some- eral cost saving measures. a small home, and they were forced to times the disaster was really after the This legislation is substantially similar to leg- disaster, with FEMA. The new director, take out a loan to purchase a new mo- islation reported out of full Committee in the Mr. Witt, I believe, has brought a lot of bile home. Ironically, if they had last Congress. Congressmen Boehlert and wit and wisdom to this particular agen- owned a more expensive home, they Borski are to be commended for their efforts cy. I think that the gentlewoman’s ef- well could have received $10,000 in in developing that bill. forts to stabilize cost, cost efficiency grant funds and been able to return to It is the product of three hearings held dur- and to make sure there is enough their homes quickly. ing the last Congress by the Water Resources Last Congress, I introduced H.R. 2257, money in there by the nature of her Subcommittee and reflects the careful work of the Disaster Assistance Fairness Act, amendment, which she is to be com- state and local emergency managers, and mended for, because this side of the to correct this inequity. I am pleased other state and local government officials. aisle also felt that there may have been that the goals of that bill have been H.R. 707 focuses on two important issues: a little bit too drastic of measures in met by H.R. 707 today. The citizens of First, mitigation activities are not set out as this bill. That has been done. southern Ohio, which I represent, have high priority in the Stafford Act. This needs to I think we have a good bill before us. change. H.R. 707 will, for the first time, au- had extensive dealings with FEMA-run I think that FEMA becomes stronger disaster programs over the last several thorize federal funding for cost effective and better. I think local communities predisaster mitigation projects. Appropriators years. In most instances, FEMA em- have more of a say and there is more ployees have performed above and be- have funded an unauthorized program for the help to the average American who suf- last three fiscal years. yond the call of duty. However, current fers from some tragedy. law has hampered their ability to re- Second, the cost of natural disasters has With that, I am in strong support of been increasing to the point where Congress spond quickly to some of the most dif- this bill. must take a hard look at measures that control ficult disaster cases. The changes envi- Mr. KUYKENDALL. Mr. Chairman, I wish to costs, while still providing the critical assist- sioned in H.R. 707 should help restore raise two issues relating to the disaster assist- ance needed by victims of disasters. fairness to the process, and I thank ance bill we are about to consider. I think that H.R. 707 would adopt various streamlining those who are responsible for this wor- the attempt to streamline costs and place and cost-cutting measures, many of which thy bill. higher priority on predisaster mitigation are were proposed by the administration. Mr. SHUSTER. Mr. Chairman, I ask commendable goals. One of the provisions The Committee anticipates this bill will save unanimous consent that the gentle- within the bill would allow the President to $109 million over the first five years and even woman from Florida (Mrs. FOWLER) be contribute funds to governmental entities to re- more in the long run. permitted to control the balance of my pair public facilities, or to private nonprofit fa- In addition, the bill provides specific criteria time. cilities that are damaged but only if certain and structure to a FEMA program that cur- The CHAIRMAN. Is there objection stringent conditions are first met by the own- rently has no such criteria or structure. to the request of the gentleman from ers of these private facilities. (The Transpor- Finally, the bill will require FEMA to give Pennsylvania? tation Committee amended this provision to greater authority and control to state and local There was no objection. essentially eliminate the conditions for the re- governments over the administration of the Mr. TRAFICANT. Mr. Chairman, I covery of federal funds by these private non- mitigation and disaster assistance programs. yield myself such time as I may con- profit entities.) sume. I want to acknowledge the bipar- My concern is with the amendment. Specifi- Last year, the state of Florida endured one tisanship of the gentleman from Penn- cally, the original terms of the Stafford Act al- of the most tragic natural disastersÐwildfires. sylvania (Mr. SHUSTER), who is without ready limit the types of nonprofit entities that When the smoke had cleared and all the fires a doubt one of the great chairmen in may receive disaster relief to those providing were out, over a half million acres had been our Congress, and the gentleman from ``essential'' services. Again, this is a narrowly burned, 300 homes were damaged or com- Minnesota (Mr. OBERSTAR). The two of defined term. If the amendment is intended to pletely destroyed, and numerous businesses them working together have solved a get essential services back on line first, and were significantly damaged or closed. number of problems that people they worry about who picks up the tab later, My district suffered some of the heaviest thought were not solvable, believe me. it seems to me that the Stafford Act already damage, with the entire county of Flagler I also want to pay credit to the new accomplishes this. Now, we have established being evacuated for safety precautions. With chair, the gentlewoman from Florida essential services and critical services without over 2,000 wildfires burning statewide, every (Mrs. FOWLER), the great job that she clearly articulating the distinction. county felt the impact. has done on this and the way she opens My second concern, however, is far more Let me give you just a brief story about one up the committee and gives an oppor- serious. And that is that there are plenty of pri- of my constituents Greg Weston, a resident of tunity for everyone to have a say, even vate, for-profit entities that provide essential Flagler County and a Deputy Sheriff who lost the new Members. I want to thank her services. As the Washington area all too re- his home in the wildfires. In early July, Deputy for accommodating the concerns of the cently experienced with PEPCO customers Weston left his home for work at 7:00 a.m. to gentleman from Washington (Mr. down for more than a week during the cold assist county officials and firefighters with the BAIRD) who had problems with land- snap, sometimes these are the entities that ongoing fires. Throughout the day Deputy slides and was concerned about the leg- are hardest hit in emergencies. Now, PEPCO Weston stayed in close contact with his wife islation. I want the Congress to know is a pretty big company that could probably and two children to give them updates on the that not only did she take his issue to obtain emergency financing from other fires and then eventually told his family to heart, she made it a part of her man- sources. But the point is that we should not be evacuate. But Deputy Weston did not just give ager’s amendment, and we want to favoring one type of business entity over an- up. thank her for that. other with respect to disaster relief. The He continued to fight fires on the opposite I also want to commend the gen- amendment, however, does exactly this. side of the county. In fact, he was working tleman from Pennsylvania (Mr. BOR- I hope we might resolve these issues in side-by-side with firefighters in the southern SKI) and the gentleman from New York conference and yield back he balance of my part of Flagler when his own home caught fire (Mr. BOEHLERT). They basically were time. and burned to the ground. Among the homes March 4, 1999 CONGRESSIONAL RECORD — HOUSE H971 he was trying to save was a fellow employee colleagues for working on a bipartisan basis to State of California. Mr. Chairman, thank you at the Sheriff's Department. develop this common-sense measure. again for responding to our concerns on this This was the kind of commitment and sac- Mr. Chairman, H.R. 707 represents a critical issue. rifice that was demonstrated during last sum- step forward in disaster mitigation efforts. I Mr. TRAFICANT. Mr. Chairman, I mer. I applaud Deputy Weston's efforts, but urge my colleagues to support the bill. yield back the balance of my time. more than that, I want to help him and all the Ms. MILLENDER-MCDONALD, Mr. Chair- Mrs. FOWLER. Mr. Chairman, I have other people who respond to emergencies. man, I would like to thank the Chair and Rank- no further requests for time, and I I believe that an emphasis on mitigation ing Member of the Subcommittee on Over- yield back the balance of my time. could have spared the state, and my district, sight, and the Chair and the Ranking Member The CHAIRMAN. All time for general from some of this devastation. of the Full Committee on Transportation & In- debate has expired. A recent report issued by our Governor's frastructure for their attentiveness to the needs Pursuant to the rule, the committee Wildfire Response and Mitigation Review and concerns of California's municipal and amendment in the nature of a sub- Committee states that if Florida does not take county governments by including ``Due Proc- stitute printed in the bill shall be con- the necessary preventive efforts to ensure ess'' language in the Committee's Manager's sidered as an original bill for the pur- wildfire safety, the devastation experienced Amendment. This language has the bi-partisan pose of amendment under the 5-minute during the wildland fires of 1998 will not only support of the California Delegation, the Cali- rule by title, and each title shall be be repeated, but will also increase in severity. fornia State Association of Counties, and the considered read. Florida has already taken important steps in California League of Cities. During consideration of the bill for the wake of the wildfires to prepare itself for The fiscal burden that California's county amendment, the Chair may accord pri- future disasters and is using methods like con- and municipal governments have had to bear ority in recognition to a Member offer- trolled burns of underbrush to prevent a simi- as a result of natural disasters has grown dra- ing an amendment that he has printed lar disaster. matically over the last few years. The in- in the designated place in the CONGRES- Mr. Chairman, this legislation will help allevi- creased number and magnitude of natural dis- SIONAL RECORD. Those amendments ate the pain and suffering and property dam- asters is one of the major factors contributing will be considered read. age of not only Floridians, but also all Ameri- to this fiscal burden. While the Federal gov- The Chairman of the Committee of cans. ernment plays a key role in disaster recovery, the Whole may postpone until a time It also had the added benefit of reducing it is state and local governments that are ulti- during further consideration in the federal cost. mately charged with responding to the imme- Committee of the Whole a request for a I urge support of this important legislation. diate needs of citizens and businesses in the recorded vote on any amendment and Mr. BILIRAKIS. Mr. Chairman, I rise today aftermath of a natural disaster. Since state may reduce to not less than 5 minutes to support H.R. 707, the Disaster Mitigation and local governments must carry this burden, the time for voting by electronic de- and Cost Reduction Act of 1999. they should have a voice in the rulemaking vice on any postponed question that Florida occupies a unique position in our na- process. immediately follows another vote by tion's landscape. Unfortunately, natural disas- FEMA often provides for public participation electronic device without intervening ters often threaten my state's magnificent en- in the rulemaking process regarding its pro- business, provided that the time for vironment. In the past year alone, Florida has grams and functions, including matters that re- voting by electronic device on the first been devastated by floods, fires, and torna- late to public property, even though notices in any series of questions shall not be does. and public comment for rulemaking were not less than 15 minutes. Nationwide, the cost of responding to such required by law. That such due process meas- The Clerk will designate section 1. catastrophes has skyrocketed over the past ures are not required by law is a mistake that The text of section 1 is as follows: decade. According to the National Oceanic can have major financial repercussions. The Be it enacted by the Senate and House of Rep- and Atmospheric Administration, twenty-five result of failing to require public due process, resentatives of the United States of America in major weather-related incidents occurred from including the proper notification of policy modi- Congress assembled, 1988 through 1997, resulting in total damages fications, has obviously had an overwhelming SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Disaster Mitiga- of approximately $140 billion. fiscal impact on California's state and local tion and Cost Reduction Act of 1999’’. The most costly insured catastrophe in U.S. governments. In the aftermath of the 1995 The CHAIRMAN. Are there any history was Hurricane Andrew, which hit South winter storms, California's localities were not amendments to section 1? Florida in August 1992. It caused more than informed of FEMA's 1996 flood control policy Without objection, the remainder of $25 billion in damages and resulted in fifty- which listed the federal agencies responsible the committee amendment in the na- eight deaths. In the aftermath of this hurri- for funding flood control projects. As a result ture of a substitute will be printed in cane, many insurance companies no longer of this failure to disseminate vital information, the RECORD and open to amendment at provide coverage in Florida. As a result, my California local governments were denied mil- any point. constituents are concerned about the availabil- lions of dollars in funding from federal agen- There was no objection. ity and affordability of residential property in- cies for damaged incurred during the 1995 The text of the remainder of the com- surance. winter storms. mittee amendment in the nature of a I have cosponsored legislation to guarantee As the former Mayor Pro-tempore of the substitute is as follows: that homeowners have access to affordable City of Carson and the former Chair of the SEC. 2. AMENDMENTS TO ROBERT T. STAFFORD disaster insurance. I have been working with California Assembly's Committee on Insur- DISASTER RELIEF AND EMERGENCY the Florida delegation to enact this important ance, I am all too familiar with these problems ASSISTANCE ACT. measure. and understand the need for due process re- Except as otherwise specifically provided, Prevention is critical to reducing the eco- quirements and public comment in the rule- whenever in this Act an amendment or repeal is nomic costs and loss of life when severe making process. The language included in this expressed in terms of an amendment to, or re- weather strikes. To that end, I held a work- peal of, a section or other provision of law, the Manager's Amendment requires FEMA to pro- reference shall be considered to be made to a shop in my district last year on Project Impact, vide public comment before adopting any new section or other provision of the Robert T. Staf- an initiative sponsored by the Federal Emer- or modified policy that would have a ``nontriv- ford Disaster Relief and Emergency Assistance gency Management Agency (FEMA). Project ial'' impact on the amount of disaster assist- Act (42 U.S.C. 5121 et seq.). Impact helps communities prepare for natural ance that may be provided to a state and local TITLE I—PREDISASTER HAZARD disasters by establishing a partnership be- government. The language further prohibits MITIGATION tween citizens, businesses and government. It FEMA from adopting any new or modified pol- SEC. 101. FINDINGS AND PURPOSE. also encourages communities to act now to icy that would retroactively reduce the amount (a) FINDINGS.—Congress finds that— reduce the threat of future calamities. of assistance provided to state and local gov- (1) greater emphasis needs to be placed on Congress must take a more pro-active ap- ernments in the wake of a natural disaster. identifying and assessing the risks to State and proach to disaster mitigation. H.R. 707, spon- Again, I would like to thank my California local communities and implementing adequate measures to reduce losses from natural disasters sored by Congresswoman FOWLER and Con- Colleagues, Representatives STEVE HORN, and to ensure that critical facilities and public gressman TRAFICANT, achieves this goal. ELLEN TAUSCHER, BUCK MCKEON, BOB FILNER, infrastructure will continue to function after a Through this bill, states will be able to accu- JERRY LEWIS, GARY MILLER, STEVE disaster; rately assess the risks of natural disasters and KUYKENDALL, AND JOHN DOOLITTLE for their (2) expenditures for post-disaster assistance reduce the resulting damages. I commend my work together to protect the interests of the are increasing without commensurate reduction H972 CONGRESSIONAL RECORD — HOUSE March 4, 1999 in the likelihood of future losses from such nat- nancial assistance it receives under this section the total cost of mitigation activities in small im- ural disasters; in a fiscal year for funding activities to dissemi- poverished communities. (3) a high priority in the expenditure of Fed- nate information regarding cost effective mitiga- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— eral funds under the Robert T. Stafford Disaster tion technologies (such as preferred construction There is authorized to be appropriated to carry Relief and Emergency Assistance Act should be practices and materials), including establishing out this section $25,000,000 for fiscal year 1999 to implement predisaster activities at the local and maintaining centers for protection against and $80,000,000 for fiscal year 2000. level; and natural disasters to carry out such dissemina- ‘‘(i) AUTHORIZATION OF SECTION 404 FUNDS.— (4) with a unified effort of economic incen- tion. Effective October 1, 2000, in addition to amounts tives, awareness and education, technical assist- ‘‘(c) ALLOCATION OF FUNDS.—The amount of appropriated under subsection (h) from only ap- ance, and demonstrated Federal support, States financial assistance to be made available to a propriations enacted after October 1, 2000, the and local communities will be able to increase State, including amounts made available to President may use, to carry out this section, their capabilities to form effective community- local governments of such State, under this sec- funds that are appropriated to carry out section based partnerships for mitigation purposes, im- tion in a fiscal year shall— 404 for post-disaster mitigation activities that plement effective natural disaster mitigation ‘‘(1) not be less than the lesser of $500,000 or have not been obligated within 30 months of the measures that reduce the risk of future damage, 1.0 percent of the total funds appropriated to disaster declaration upon which the funding hardship, and suffering, ensure continued func- carry out this section for such fiscal year; but availability is based. tioning of critical facilities and public infra- ‘‘(2) not exceed 15 percent of such total funds. ‘‘(j) REPORT ON FEDERAL AND STATE ADMINIS- structure, leverage additional non-Federal re- ‘‘(d) CRITERIA.—Subject to the limitations of TRATION.—Not later than 18 months after the sources into meeting disaster resistance goals, subsections (c) and (e), in determining whether date of enactment of the Disaster Mitigation and make commitments to long-term mitigation to provide assistance to a State or local govern- and Cost Reduction Act of 1999, the President, efforts in new and existing structures. ment under this section and the amount of such in consultation with State and local govern- (b) PURPOSE.—It is the purpose of this title to assistance, the President shall consider the fol- ments, shall transmit to Congress a report evalu- establish a predisaster hazard mitigation pro- lowing criteria: ating efforts to implement this section and rec- gram that— ‘‘(1) The clear identification of prioritized ommending a process for transferring greater (1) reduces the loss of life and property, cost-effective mitigation activities that produce authority and responsibility for administering human suffering, economic disruption, and dis- meaningful and definable outcomes. the assistance program authorized by this sec- aster assistance costs resulting from natural ‘‘(2) If the State has submitted a mitigation tion to capable States.’’. hazards; and program in cooperation with local governments SEC. 105. INTERAGENCY TASK FORCE. (2) provides a source of predisaster hazard under section 201(c), the degree to which the ac- The President shall establish an interagency mitigation funding that will assist States and tivities identified in paragraph (1) are consistent task force for the purpose of coordinating the local governments in implementing effective with the State mitigation program. implementation of the predisaster hazard miti- mitigation measures that are designed to ensure ‘‘(3) The extent to which assistance will fund gation program authorized by section 203 of the the continued functioning of critical facilities activities that mitigate hazards evaluated under Robert T. Stafford Disaster Relief and Emer- and public infrastructure after a natural disas- section 409. gency Assistance Act. The Director of the Fed- ter. ‘‘(4) The opportunity to fund activities that eral Emergency Management Agency shall chair SEC. 102. STATE MITIGATION PROGRAM. maximize net benefits to society. such task force. Section 201(c) (42 U.S.C. 5131(c)) is amended— ‘‘(5) The ability of the State or local govern- ment to fund mitigation activities. SEC. 106. MAXIMUM CONTRIBUTION FOR MITIGA- (1) by striking ‘‘and’’ at the end of paragraph TION COSTS. ‘‘(6) The extent to which assistance will fund (1); (a) IN GENERAL.—Section 404(a) (42 U.S.C. mitigation activities in small impoverished com- (2) by striking the period at the end of para- 5170c(a)) is amended by striking ‘‘15 percent’’ munities. graph (2) and inserting ‘‘; and’’; and and inserting ‘‘20 percent’’. ‘‘(7) The level of interest by the private sector (3) by adding at the end the following: (b) APPLICABILITY.—The amendment made by to enter into a partnership to promote mitiga- ‘‘(3) set forth, with the ongoing cooperation of subsection (a) shall apply to major disasters de- tion. local governments and consistent with section clared under the Robert T. Stafford Disaster Re- 409, a comprehensive and detailed State program ‘‘(8) Such other criteria as the President es- tablishes in consultation with State and local lief Act and Emergency Assistance Act after for mitigating against emergencies and major January 1, 1997. disasters, including provisions for prioritizing governments. SEC. 107. CONFORMING AMENDMENT. mitigation measures.’’. ‘‘(e) STATE NOMINATIONS.— ‘‘(1) IN GENERAL.—The Governor of each State The heading for title II is amended to read as SEC. 103. DISASTER ASSISTANCE PLANS. may recommend to the President not less than 5 follows: Section 201(d) (42 U.S.C. 5131(d)) is amended local governments to receive assistance under to read as follows: ‘‘TITLE II—DISASTER PREPAREDNESS AND this section. The recommendations shall be sub- MITIGATION ASSISTANCE’’. ‘‘(d) GRANTS FOR DISASTER ASSISTANCE AND mitted to the President not later than October 1, HAZARD IDENTIFICATION.—The President is au- TITLE II—STREAMLINING AND COST 1999, and each October 1st thereafter or such thorized to make grants for— REDUCTION later date in the year as the President may es- ‘‘(1) not to exceed 50 percent of the cost of im- tablish. In making such recommendations, the SEC. 201. MANAGEMENT COSTS. proving, maintaining, and updating State disas- Governors shall consider the criteria identified (a) IN GENERAL.—Title III (42 U.S.C. 5141– ter assistance plans including, consistent with in subsection (d). 5164) is amended by adding at the end the fol- section 409, evaluation of natural hazards and ‘‘(2) USE.— lowing: development of the programs and actions re- ‘‘(A) GENERAL RULE.—In providing assistance ‘‘SEC. 322. MANAGEMENT COSTS. quired to mitigate such hazards; and to local governments under this section, the ‘‘(a) IN GENERAL.—Notwithstanding any other ‘‘(2) the development and application of im- President shall select from local governments provision of law (including any administrative proved floodplain mapping technologies that recommended by the Governors under this sub- rule or guidance), the President shall establish can be used by Federal, State, and local govern- section. by rule management cost rates for grantees and ments and that the President determines will ‘‘(B) WAIVER.—Upon request of a local gov- subgrantees. Such rates shall be used to deter- likely result in substantial savings over current ernment, the President may waive the limitation mine contributions under this Act for manage- floodplain mapping methods.’’. in subparagraph (A) if the President determines ment costs. SEC. 104. PREDISASTER HAZARD MITIGATION. that extraordinary circumstances justify the ‘‘(b) MANAGEMENT COSTS DEFINED.—Manage- Title II (42 U.S.C. 5131–5132) is amended by waiver and that granting the waiver will fur- ment costs include indirect costs, administrative adding at the end the following: ther the purpose of this section. expenses, associated expenses, and any other ex- ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a penses not directly chargeable to a specific ‘‘(a) GENERAL AUTHORITY.—The President Governor of a State fails to submit recommenda- project under a major disaster, emergency, or may establish a program to provide financial as- tions under this subsection in a timely manner, emergency preparedness activity or measure. sistance to States and local governments for the the President may select, subject to the criteria Such costs include the necessary costs of re- purpose of undertaking predisaster hazard miti- in subsection (d), any local governments of the questing, obtaining, and administering Federal gation activities that are cost effective and sub- State to receive assistance under this section. assistance and costs incurred by a State for stantially reduce the risk of future damage, ‘‘(f) SMALL IMPOVERISHED COMMUNITIES.—For preparation of damage survey reports, final in- hardship, or suffering from a major disaster. the purpose of this section, the term ‘small im- spection reports, project applications, final au- ‘‘(b) PURPOSE OF ASSISTANCE.— poverished communities’ means communities of dits, and related field inspections by State em- ‘‘(1) IN GENERAL.—Except as provided in para- 3,000 or fewer individuals that are economically ployees, including overtime pay and per diem graph (2), a State or local government that re- disadvantaged, as determined by the State in and travel expenses of such employees, but not ceives financial assistance under this section which the community is located and based on including pay for regular time of such employ- shall use the assistance for funding activities criteria established by the President. ees. that are cost effective and substantially reduce ‘‘(g) FEDERAL SHARE.—Financial assistance ‘‘(c) REVIEW.—The President shall review the the risk of future damage, hardship, or suffering provided under this section may contribute up management cost rates established under sub- from a major disaster. to 75 percent of the total cost of mitigation ac- section (a) not later than 3 years after the date ‘‘(2) DISSEMINATION.—The State or local gov- tivities approved by the President; except that of establishment of such rates and periodically ernment may use not more than 10 percent of fi- the President may contribute up to 90 percent of thereafter.’’. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H973

(b) APPLICABILITY.—Section 322 of the Robert to be necessary to meet a need for governmental ‘‘(5) SPECIAL RULE.—In any case in which the T. Stafford Disaster Relief and Emergency As- services and functions in the area affected by facility being repaired, restored, reconstructed, sistance Act (as added by subsection (a) of this the major disaster. or replaced under this section was under con- section) shall apply as follows: ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— struction on the date of the major disaster, the (1) Subsections (a) and (b) of such section 322 ‘‘(A) IN GENERAL.—In any case where a per- cost of repairing, restoring, reconstructing, or shall apply to major disasters declared under son who owns or operates a private nonprofit replacing such facility shall include, for pur- such Act on or after the date of enactment of facility determines that the public welfare poses of this section, only those costs which, this Act. Until the date on which the President would not be best served by repairing, restoring, under the contract for such construction, are establishes the management cost rates under reconstructing, or replacing such facility, such the owner’s responsibility and not the contrac- such subsection, section 406(f) shall be used for person may elect to receive, in lieu of a con- tor’s responsibility.’’. establishing such rates. tribution under subsection (a)(1)(B), a contribu- (2) EFFECTIVE DATE.—The amendment made (2) Subsection (c) of such section 322 shall tion of 75 percent of the Federal share of the by paragraph (1) shall take effect on the date of apply to major disasters declared under such Federal estimate of the cost of repairing, restor- enactment of this Act, and shall only apply to Act on or after the date on which the President ing, reconstructing, or replacing such facility funds appropriated after the date of enactment establishes such rates under subsection (a) of and of management expenses. of this Act; except that paragraph (1) of section such section 322. ‘‘(B) USE OF FUNDS.—Funds contributed to a 406(e) of the Robert T. Stafford Disaster Relief SEC. 202. ASSISTANCE TO REPAIR, RESTORE, RE- person under this paragraph may be used to re- and Emergency Assistance Act (as amended by CONSTRUCT, OR REPLACE DAMAGED pair, restore, or expand other selected private paragraph (1) of this subsection) shall take ef- FACILITIES. nonprofit facilities owned or operated by the fect on the date that the procedures developed (a) CONTRIBUTIONS.—Section 406(a) (42 U.S.C. person, to construct new private nonprofit fa- under paragraph (3) of such section take effect. 5172(a)) is amended to read as follows: cilities to be owned or operated by the person, or (e) ASSOCIATED EXPENSES.— ‘‘(a) CONTRIBUTIONS.— to fund hazard mitigation measures that the (1) IN GENERAL.—Section 406 (42 U.S.C. 4172) ‘‘(1) IN GENERAL.—The President may make person determines to be necessary to meet a need is amended by striking subsection (f). contributions— for its services and functions in the area af- (2) OTHER ELIGIBLE COSTS.—Section 406(e) (42 ‘‘(A) to a State or local government for the re- fected by the major disaster. U.S.C. 5172(e)), as amended by subsection (d) of pair, restoration, reconstruction, or replacement ‘‘(3) MODIFICATION OF FEDERAL SHARE.—The this section, is amended by adding at the end of a public facility which is damaged or de- President shall modify the Federal share of the the following: stroyed by a major disaster and for associated cost estimate provided in paragraphs (1) and (2) ‘‘(6) OTHER ELIGIBLE COSTS.—For purposes of expenses incurred by such government; and if the President determines an alternative cost this section, other eligible costs include the fol- ‘‘(B) subject to paragraph (2), to a person who share will likely reduce the total amount of Fed- lowing: owns or operates a private nonprofit facility eral assistance provided under this section. The ‘‘(A) COSTS OF NATIONAL GUARD.—The cost of damaged or destroyed by a major disaster for Federal cost share for purposes of paragraphs mobilizing and employing the National Guard the repair, restoration, reconstruction, or re- (1) and (2) shall not exceed 90 percent and shall for performance of eligible work. placement of such facility and for associated ex- not be less than 50 percent.’’. ‘‘(B) COSTS OF PRISON LABOR.—The costs of penses incurred by such person. (d) ELIGIBLE COST.— using prison labor to perform eligible work, in- (1) IN GENERAL.—Section 406(e) (42 U.S.C. ‘‘(2) CONDITIONS FOR ASSISTANCE TO PRIVATE cluding wages actually paid, transportation to a 5172(e)) is amended to read as follows: NONPROFIT FACILITIES.— worksite, and extraordinary costs of guards, ‘‘(e) ELIGIBLE COST.— ‘‘(A) IN GENERAL.—The President may make food, and lodging. contributions to a private nonprofit facility ‘‘(1) IN GENERAL.—For the purposes of this THER LABOR COSTS.—Base and overtime section, the estimate of the cost of repairing, re- ‘‘(C) O under paragraph (1)(B) only if— wages for an applicant’s employees and extra storing, reconstructing, or replacing a public fa- ‘‘(i) the facility provides critical services (as hires performing eligible work plus fringe bene- cility or private nonprofit facility on the basis of defined by the President) in the event of a major fits on such wages to the extent that such bene- the design of such facility as it existed imme- disaster; or fits were being paid before the disaster.’’. ‘‘(ii)(I) the owner or operator of the facility diately before the major disaster and in con- (3) EFFECTIVE DATE.—Paragraphs (1) and (2) has applied for a disaster loan under section formity with current applicable codes, specifica- shall take effect on the date on which the Presi- 7(b) of the Small Business Act (15 U.S.C. 636(b)); tions, and standards (including floodplain man- dent establishes management cost rates under and agement and hazard mitigation criteria required section 322(a) of the Robert T. Stafford Disaster ‘‘(II) has been determined to be ineligible for by the President or by the Coastal Barrier Re- Relief and Emergency Assistance Act (as added such a loan; or sources Act (16 U.S.C. 3501 et seq.)) shall be by section 201(a) of this Act). The amendment ‘‘(III) has obtained such a loan in the maxi- treated as the eligible cost of such repair, res- made by paragraph (1) shall only apply to dis- mum amount for which the Small Business Ad- toration, reconstruction, or replacement. Subject asters declared by the President under such Act ministration determines the facility is eligible. to paragraph (2), the President shall use the after the date on which the President estab- ‘‘(B) CRITICAL SERVICES DEFINED.—In this cost estimation procedures developed under lishes such cost rates. paragraph, the term ‘critical services’ includes, paragraph (3) to make the estimate under this but is not limited to, power, water, sewer, waste- paragraph. SEC. 203. FEDERAL ASSISTANCE TO INDIVIDUALS water treatment, communications, and emer- ‘‘(2) MODIFICATION OF ELIGIBLE COST.—In the AND HOUSEHOLDS. gency medical care.’’. event the actual cost of repairing, restoring, re- (a) IN GENERAL.—Section 408 (42 U.S.C. 5174) (b) MINIMUM FEDERAL SHARE.—Section 406(b) constructing, or replacing a facility under this is amended to read as follows: (42 U.S.C. 5172(b)) is amended to read as fol- section is more than 120 percent or less than 80 ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- lows: percent of the cost estimated under paragraph UALS AND HOUSEHOLDS. ‘‘(b) MINIMUM FEDERAL SHARE.—The Federal (1), the President may determine that the eligi- ‘‘(a) GENERAL AUTHORITY.—Subject to the re- share of assistance under this section shall be ble cost be the actual cost of such repair, res- quirements of this section, the President, in con- not less than 75 percent of the eligible cost of re- toration, reconstruction, or replacement. The sultation with the Governor of the affected pair, restoration, reconstruction, or replacement government or person receiving assistance under State, may provide financial assistance, and, if carried out under this section.’’. this section shall reimburse the President for the necessary, direct services, to disaster victims (c) LARGE IN-LIEU CONTRIBUTIONS.—Section portion of such assistance that exceeds the eligi- who as a direct result of a major disaster have 406(c) (42 U.S.C. 5172(c)) is amended to read as ble cost of such repair, restoration, reconstruc- necessary expenses and serious needs where follows: tion, or replacement. such victims are unable to meet such expenses or ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— ‘‘(3) USE OF SURPLUS FUNDS.—In the event the needs through other means. ‘‘(1) FOR PUBLIC FACILITIES.— actual cost of repairing, restoring, reconstruct- ‘‘(b) HOUSING ASSISTANCE.— ‘‘(A) IN GENERAL.—In any case in which a ing, or replacing a facility under this section is ‘‘(1) ELIGIBILITY.—The President may provide State or local government determines that the less than 100 percent but not less than 80 per- financial or other assistance under this section public welfare would not be best served by re- cent of the cost estimated under paragraph (1), to individuals and families to respond to the dis- pairing, restoring, reconstructing, or replacing the government or person receiving assistance aster-related housing needs of those who are any public facility owned or controlled by such under this section shall use any surplus funds displaced from their predisaster primary resi- State or local government, the State or local to perform activities that are cost-effective and dences or whose predisaster primary residences government may elect to receive, in lieu of a reduce the risk of future damage, hardship, or are rendered uninhabitable as a result of dam- contribution under subsection (a)(1)(A), a con- suffering from a major disaster. age caused by a major disaster. tribution of 75 percent of the Federal share of ‘‘(4) EXPERT PANEL.—Not later than 18 months ‘‘(2) DETERMINATION OF APPROPRIATE TYPES the Federal estimate of the cost of repairing, re- after the date of enactment of the Disaster Miti- OF ASSISTANCE.—The President shall determine storing, reconstructing, or replacing such facil- gation and Cost Reduction Act of 1999, the appropriate types of housing assistance to be ity and of management expenses. President, acting through the Director of the provided to disaster victims under this section ‘‘(B) USE OF FUNDS.—Funds contributed to a Federal Emergency Management Agency, shall based upon considerations of cost effectiveness, State or local government under this paragraph establish an expert panel, including representa- convenience to disaster victims, and such other may be used to repair, restore, or expand other tives from the construction industry, to develop factors as the President may consider appro- selected public facilities, to construct new facili- procedures for estimating the cost of repairing, priate. One or more types of housing assistance ties, or to fund hazard mitigation measures restoring, reconstructing, or replacing a facility may be made available, based on the suitability which the State or local government determines consistent with industry practices. and availability of the types of assistance, to H974 CONGRESSIONAL RECORD — HOUSE March 4, 1999

meet the needs of disaster victims in the particu- ‘‘(A) SALE TO OCCUPANTS.— SEC. 205. STATE ADMINISTRATION OF HAZARD lar disaster situation. ‘‘(i) IN GENERAL.—Notwithstanding any other MITIGATION PROGRAM. ‘‘(c) TYPES OF HOUSING ASSISTANCE.— provision of law, a temporary housing unit pur- Section 404 (42 U.S.C. 5170c) is amended by ‘‘(1) TEMPORARY HOUSING.— chased under this section by the President for adding at the end the following: ‘‘(A) FINANCIAL ASSISTANCE.— the purposes of housing disaster victims may be ‘‘(c) PROGRAM ADMINISTRATION BY STATES.— ‘‘(i) IN GENERAL.—The President may provide sold directly to the individual or household who ‘‘(1) IN GENERAL.—A State desiring to admin- financial assistance under this section to indi- is occupying the unit if the individual or house- ister the hazard mitigation assistance program viduals or households to rent alternate housing hold needs permanent housing. established by this section with respect to haz- accommodations, existing rental units, manufac- ‘‘(ii) SALES PRICE.—Sales of temporary hous- ard mitigation assistance in the State may sub- tured housing, recreational vehicles, or other ing units under clause (i) shall be accomplished mit to the President an application for the dele- readily fabricated dwellings. at prices that are fair and equitable. gation of such authority. ‘‘(ii) AMOUNT.—The amount of assistance ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwithstand- ‘‘(2) CRITERIA.—The President, in consulta- under clause (i) shall be based on the fair mar- ing any other provision of law, the proceeds of tion with States and local governments, shall es- ket rent for the accommodation being furnished a sale under clause (i) shall be deposited into tablish criteria for the approval of applications plus the cost of any transportation, utility the appropriate Disaster Relief Fund account. submitted under paragraph (1). The criteria hookups, or unit installation not being directly ‘‘(iv) USE OF GSA SERVICES.—The President shall include, at a minimum, the following: provided by the President. may use the services of the General Services Ad- ‘‘(A) The demonstrated ability of the State to ‘‘(B) DIRECT ASSISTANCE.— ministration to accomplish a sale under clause manage the grant program under this section. ‘‘(i) IN GENERAL.—The President may also di- (i). ‘‘(B) Submission of the plan required under rectly provide under this section housing units, ‘‘(B) OTHER METHODS OF DISPOSAL.— section 201(c). acquired by purchase or lease, to individuals or ‘‘(i) SALE.—If not disposed of under subpara- ‘‘(C) A demonstrated commitment to mitiga- households who, because of a lack of available graph (A), a temporary housing unit purchased tion activities. housing resources, would be unable to make use by the President for the purposes of housing dis- ‘‘(3) APPROVAL.—The President shall approve of the assistance provided under subparagraph aster victims may be resold. an application submitted under paragraph (1) (A). ‘‘(ii) DISPOSAL TO GOVERNMENTS AND VOL- that meets the criteria established under para- ‘‘(ii) PERIOD OF ASSISTANCE.—The President UNTARY ORGANIZATIONS.—A temporary housing graph (2). may not provide direct assistance under clause unit described in clause (i) may also be sold, ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ap- (i) with respect to a major disaster after the ex- transferred, donated, or otherwise made avail- proving an application of a State submitted piration of the 18-month period beginning on able directly to a State or other governmental under paragraph (1), the President determines the date of the declaration of the major disaster entity or to a voluntary organization for the that the State is not administering the hazard by the President, except that the President may sole purpose of providing temporary housing to mitigation assistance program established by extend such period if the President determines disaster victims in major disasters and emer- this section in a manner satisfactory to the that due to extraordinary circumstances an ex- gencies if, as a condition of such sale, transfer, President, the President shall withdraw such tension would be in the public interest. or donation, the State, other governmental approval. ‘‘(iii) COLLECTION OF RENTAL CHARGES.—After agency, or voluntary organization agrees to ‘‘(5) AUDITS.—The President shall provide for the expiration of the 18-month period referred to comply with the nondiscrimination provisions of periodic audits of the hazard mitigation assist- in clause (ii), the President may charge fair section 308 and to obtain and maintain hazard ance programs administered by States under this market rent for the accommodation being pro- and flood insurance on the housing unit. subsection.’’. vided. ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS SEC. 206. STATE ADMINISTRATION OF DAMAGED ‘‘(2) REPAIRS.—The President may provide fi- OTHER NEEDS.— FACILITIES PROGRAM. nancial assistance for the repair of owner-occu- ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- (a) PILOT PROGRAM.—In cooperation with pied private residences, utilities, and residential PENSES.—The President, in consultation with States and local governments and in coordina- infrastructure (such as private access routes) the Governor of the affected State, may provide tion with efforts to streamline the delivery of damaged by a major disaster to a habitable or financial assistance under this section to an in- disaster relief assistance, the President shall functioning condition. A recipient of assistance dividual or household adversely affected by a conduct a pilot program for the purpose of de- provided under this paragraph need not show major disaster to meet disaster-related medical, termining the desirability of State administra- that the assistance can be met through other dental, and funeral expenses. tion of parts of the assistance program estab- means, except insurance proceeds, if the assist- ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, lished by section 406 of the Robert T. Stafford ance is used for emergency repairs to make a AND OTHER EXPENSES.—The President, in con- Disaster Relief and Emergency Assistance Act private residence habitable and does not exceed sultation with the Governor of the affected (42 U.S.C. 5172). $5,000 (based on fiscal year 1998 constant dol- State, may provide financial assistance under (b) STATE PARTICIPATION.— lars). this section to an individual or household de- (1) CRITERIA.—The President may establish ‘‘(3) REPLACEMENT.—The President may pro- scribed in paragraph (1) to address personal criteria in order to ensure the appropriate imple- vide financial assistance for the replacement of property, transportation, and other necessary mentation of the pilot program under subsection owner-occupied private residences damaged by a expenses or serious needs resulting from the (a). major disaster. Assistance provided under this major disaster. (2) MINIMUM NUMBER OF STATES.—The Presi- paragraph shall not exceed $10,000 (based on fis- ‘‘(f) STATE ROLE.—The President shall provide dent shall conduct the pilot program under sub- cal year 1998 constant dollars). The President for the substantial and ongoing involvement of section (a) in at least 2 States. may not waive any provision of Federal law re- the affected State in administering the assist- (c) REPORT.—Not later than 3 years after the quiring the purchase of flood insurance as a ance under this section. date of enactment of this Act, the President condition for the receipt of Federal disaster as- ‘‘(g) MAXIMUM AMOUNT OF ASSISTANCE.—No shall transmit to Congress a report describing sistance with respect to assistance provided individual or household shall receive financial the results of the pilot program conducted under under this paragraph. assistance greater than $25,000 under this sec- subsection (a), including identifying any admin- ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— tion with respect to a single major disaster. istrative or financial benefits. Such report shall The President may provide financial assistance Such limit shall be adjusted annually to reflect also include recommendations on the conditions, or direct assistance under this section to indi- changes in the Consumer Price Index for all if any, under which States should be allowed viduals or households to construct permanent Urban Consumers published by the Department the option to administer parts of the assistance housing in insular areas outside the continental of Labor. program under section 406 of the Robert T. Staf- United States and other remote locations in ‘‘(h) ISSUANCE OF REGULATIONS.—The Presi- ford Disaster Relief and Emergency Assistance cases in which— dent shall issue rules and regulations to carry Act (42 U.S.C. 5172). ‘‘(A) no alternative housing resources are out the program, including criteria, standards, SEC. 207. STUDY REGARDING COST REDUCTION. available; and and procedures for determining eligibility for as- Not later than 3 years after the date of enact- ‘‘(B) the types of temporary housing assist- sistance.’’. ment of this Act, the Comptroller General of the ance described in paragraph (1) are unavailable, (b) CONFORMING AMENDMENT.—Section United States shall conduct a study to estimate infeasible, or not cost effective. 502(a)(6) (42 U.S.C. 5192(a)(6)) is amended by the reduction in Federal disaster assistance that ‘‘(d) TERMS AND CONDITIONS RELATING TO striking ‘‘temporary housing’’. has resulted and is likely to result from the en- HOUSING ASSISTANCE.— (c) ELIMINATION OF INDIVIDUAL AND FAMILY actment of this Act. ‘‘(1) SITES.—Any readily fabricated dwelling GRANT PROGRAMS.—Title IV (42 U.S.C. 5170– SEC. 208. REPORT ON ASSISTANCE TO RURAL provided under this section shall, whenever pos- 5189a) is amended by striking section 411 (42 COMMUNITIES. sible, be located on a site complete with utilities, U.S.C. 5178). Not later than 180 days after the date of en- and shall be provided by the State or local gov- (d) EFFECTIVE DATE.—The amendments made actment of this Act, the Director of the Federal ernment, by the owner of the site, or by the oc- by this section shall take effect on the 545th day Emergency Management Agency shall prepare cupant who was displaced by the major disaster. following the date of enactment of this Act. and transmit to Congress a report on methods Readily fabricated dwellings may be located on SEC. 204. REPEALS. and procedures that the Director recommends to sites provided by the President if the President (a) COMMUNITY DISASTER LOANS.—Section 417 accelerate the provision of Federal disaster as- determines that such sites would be more eco- (42 U.S.C. 5184) is repealed. sistance under the Robert T. Stafford Disaster nomical or accessible. (b) SIMPLIFIED PROCEDURE.—Section 422 (42 Relief and Emergency Assistance Act (42 U.S.C. ‘‘(2) DISPOSAL OF UNITS.— U.S.C. 5189) is repealed. 5121 et seq.) to rural communities. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H975 SEC. 209. STUDY REGARDING INSURANCE FOR reduce the amount of assistance provided to because this is an important issue and PUBLIC INFRASTRUCTURE. a State or local government under this that she took into consideration the The Comptroller General of the United States Act.’’. concern of the gentleman from Wash- shall conduct a study to determine the current Mrs. FOWLER. Mr. Chairman, my and future expected availability of disaster in- ington (Mr. BAIRD), who happens to be surance for public infrastructure eligible for as- amendment encompasses three sepa- a Democrat from the State of Washing- sistance under section 406 of the Robert T. Staf- rate changes to title II of the bill. ton, and I think that speaks for the bi- ford Disaster Relief and Emergency Assistance These changes reflect our desire to cut partisanship, and I thank her. Act (42 U.S.C. 5170). costs in the disaster program in a fair Second of all, the amendment would TITLE III—MISCELLANEOUS and compassionate way. First, the exclude disaster victims needing FEMA SEC. 301. TECHNICAL CORRECTION OF SHORT amendment recognizes that in some assistance for temporary housing, re- TITLE. very limited circumstances, the re- placement of their homes, and con- The first section (42 U.S.C. 5121 note) is duced so-called in-lieu contribution struction of houses from the require- amended to read as follows: proposed in section 202 of the bill will ment of first obtaining an SBA loan. ‘‘SECTION 1. SHORT TITLE. cause undue hardship to some commu- As the gentlewoman from Florida had ‘‘This Act may be cited as the ‘Robert T. Staf- nities. This occurs in areas where mud stated, that speaks for itself in its im- ford Disaster Relief and Emergency Assistance slides make the prospect of rebuilding portance in the amendment there as Act’.’’. any facility on a site unwise. In such well. But I want to state on the record SEC. 302. DEFINITION OF STATE. situations, taking an in-lieu contribu- that I am opposed to placing any addi- Section 102 (42 U.S.C. 5122) is amended in tion is the only option really available. tional burden on victims who are made each of paragraphs (3) and (4) by striking ‘‘the The amendment would continue to use Northern’’ and all that follows through ‘‘Pacific homeless by a disaster by requiring Islands’’ and inserting ‘‘and the Commonwealth the previous 90 percent level of funding them to jump through hoops, in some of the Northern Mariana Islands’’. for these special situations. cases obtain an SBA loan first, before SEC. 303. FIRE SUPPRESSION GRANTS. Second, it has been brought to our they can obtain financial or direct Section 420 (42 U.S.C. 5187) is amended by in- attention that the provision in the bill housing assistance from FEMA in the serting ‘‘and local government’’ after ‘‘State’’. conditioning housing assistance on ap- aftermath of a disaster that almost de- AMENDMENT OFFERED BY MRS. FOWLER plying to the Small Business Adminis- stroyed their family, in some cases has. Mrs. FOWLER. Mr. Chairman, I offer tration for a loan does very little to Finally, the amendment requires an amendment, and I ask unanimous cut disaster assistance cost but may FEMA to provide an opportunity for consent that it be considered as read well pose a difficult burden on disaster public comment before adopting or and printed in the RECORD. victims. The amendment, therefore, modifying an agency policy that would The CHAIRMAN. Is there objection would remove the SBA loan require- have a meaningful impact on the to the request of the gentlewoman ment as a condition of housing assist- amount of disaster assistance to State from Florida? ance. I am all for saving money, but in or local governments. This is wise. The There was no objection. this case we would be saving very little gentlewoman is to be commended for The text of the amendment is as fol- while placing a relatively high burden it. We on this side support this amend- lows: on disaster victims. ment 100 percent. Finally, my amendment would re- The CHAIRMAN. The question is on Amendment offered by Mrs. FOWLER: Page 15, after line 12, insert the following: quire FEMA to provide public com- the amendment offered by the gentle- ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any ment on new or modified policies that woman from Florida (Mrs. FOWLER). case in which a State or local government may result in a meaningful change in The amendment was agreed to. determines that the public welfare would not the amount of assistance a State or AMENDMENT OFFERED BY MR. TRAFICANT be best served by repairing, restoring, recon- local community may receive. Changes Mr. TRAFICANT. Mr. Chairman, I offer structing, or replacing any public facility in the conditions of assistance are ex- an amendment. owned or controlled by such State or local tremely important to local commu- The Clerk read as follows: government because soil instability in the nities. It seems only fair that such Amendment offered by Mr. TRAFICANT: disaster area makes such repair, restoration, At the end of the bill, add the following: reconstruction, or replacement infeasible, changes be made with the opportunity the State or local government may elect to for adequate public involvement. SEC. 304. BUY AMERICAN. (a) COMPLIANCE WITH BUY AMERICAN ACT.— receive, in lieu of a contribution under sub- I would like to recognize the diligent No funds authorized to be appropriated pur- section (a)(1)(A), a contribution of 90 percent efforts of the bipartisan group of Mem- suant to this Act or any amendment made of the Federal share of the Federal estimate bers, particularly those from Califor- by this Act may be expended by an entity of the cost of repairing, restoring, recon- nia, that brought this amendment to unless the entity, in expending the funds, structing, or replacing such facility and of our attention. In conclusion, this complies with the Buy American Act (41 management expenses. amendment puts the final touches on Page 15, line 13, strike ‘‘(B)’’ and insert U.S.C. 10a et seq.). (b) DEBARMENT OF PERSONS CONVICTED OF ‘‘(C)’’. an excellent bill. The amendment does FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- Page 21, at the end of line 16, insert the fol- not significantly reduce the substan- BELS.— lowing: tial cost savings provided by the bill (1) IN GENERAL.—If the Director of the Fed- Under the preceding sentence, a victim shall but recognizes that in reducing the eral Emergency Management Agency deter- not be denied assistance under subsections burden on the taxpayer, we need also mines that a person has been convicted of in- (c)(1), (c)(3), or (c)(4), solely on the basis that remember the critical needs of disaster tentionally affixing a label bearing a ‘‘Made the victim has not applied for or received victims. in America’’ inscription to any product sold any loan or other financial assistance from I urge support for this amendment. in or shipped to the United States that is not the Small Business Administration or any made in America, the Director shall deter- other Federal agency. Mr. TRAFICANT. Mr. Chairman, I mine, not later than 90 days after determin- Page 33, after line 2, insert the following: rise in support of the amendment. I want to again compliment the gentle- ing that the person has been so convicted, SEC. 210. PUBLIC COMMENT REQUIREMENT. whether the person should be debarred from Title III (42 U.S.C. 5141–5164) (as amended woman for her excellent work. I would just like to go over a few contracting under the Robert T. Stafford by section 201 of this Act) is amended by add- Disaster Relief and Emergency Assistance ing at the end the following: issues that I think are important. The Act. ‘‘SEC. 323. PUBLIC COMMENT REQUIREMENT. first thing I think is very important, (2) DEBAR DEFINED.—In this section, the ‘‘(a) IN GENERAL.—The Director of the Fed- the amendment would maintain the term ‘‘debar’’ has the meaning given that eral Emergency Management Agency shall Federal in-lieu contributions for alter- term by section 2393(c) of title 10, United provide an opportunity for public comment nate projects at 90 percent where soil States Code. before adopting any new or modified policy instability in a disaster area makes the Mr. TRAFICANT (during the read- that would have a meaningful impact on the repair, restoration, reconstruction or ing). Mr. Chairman, I ask unanimous amount of disaster assistance that may be replacement of public facilities infeasi- provided to a State or local government by consent that the amendment be consid- the President under this Act. ble. The bill before us would have re- ered as read and printed in the RECORD. ‘‘(b) RETROACTIVE APPLICATION OF POLI- duced that Federal contribution to 75 The CHAIRMAN. Is there objection CIES.—The Director may not adopt any new percent. I believe that the gentle- to the request of the gentleman from or modified policy that would retroactively woman should again be commended, Ohio? H976 CONGRESSIONAL RECORD — HOUSE March 4, 1999 There was no objection. Buy America program. We worked vig- The amendment was agreed to. Mr. TRAFICANT. Mr. Chairman, this orously to assure that the law would be The SPEAKER pro tempore. The has been language that I have offered carried out. question is on the engrossment and to many bills. It deals with the aspect Here in the disaster assistance pro- third reading of the bill. of where Federal dollars are spent, to gram, there is a wide array of products The bill was ordered to be engrossed incorporate into that logic the Buy used to help victims of disaster become and read a third time, and was read the American laws that exist. I have talked whole again, communities as well as third time. about Buy American here for years, individuals, grand facilities, dams, lev- The SPEAKER pro tempore. The but I was not really the first to do it ees, roads, bridges as well as individual question is on the passage of the bill. and one of the strong leaders of Buy homes and small businesses. The question was taken; and the American is the ranking Democrat on b 1145 Speaker pro tempore announced that this committee the gentleman from the ayes appeared to have it. Minnesota (Mr. OBERSTAR) who was re- Mr. Chairman, there is a wide array Mrs. FOWLER. Mr. Speaker, I object sponsible for most of the Buy American of product used to make those commu- to the vote on the ground that a language in our surface transportation nities, make those structures, whole quorum is not present and make the program which is a multibillion-dollar again. They ought to be American point of order that a quorum is not procurement program. goods. present. I think it is very important where we The gentleman from Ohio (Mr. TRAFI- The SPEAKER pro tempore. Evi- expend any dollars that we comport CANT) is right to offer this amendment, dently a quorum is not present. and conform to within the law to the but now that we have reestablished our The Sergeant at Arms will notify ab- Buy American law and its policies. In Subcommittee on Oversight in the sent Members. addition, my amendment states, do not Committee on Transportation and In- The vote was taken by electronic de- participate in any of our programs frastructure, I appeal to the gentle- vice, and there were—yeas 415, nays 2, under this bill by providing a product woman from Florida (Mrs. FOWLER) to not voting 16, as follows: maintain vigilance. Once this legisla- that is purported to be made in Amer- [Roll No. 33] tion is enacted, let us take a careful ica but has on it affixed a fraudulent YEAS—415 ‘‘made in America’’ label. look at how it is applied in future dis- asters where the Federal Government Abercrombie Clay Frost I think these small but little com- Ackerman Clayton Gallegly monsense initiatives serve more maybe comes in to help out local commu- Aderholt Clement Ganske as a reminder to keep people’s eyes on nities. Look over their shoulder. Make Allen Clyburn Gejdenson the prize of wherever possible shop for sure they are carrying out this law. It Andrews Coble Gephardt Archer Coburn Gibbons and buy an American product but is all too easy to avoid. Armey Collins Gillmor under Buy American law to conform to But, Mr. Chairman, avoidance will be Bachus Combest Gilman that law and do not violate it. difficult if this committee maintains Baird Condit Gonzalez vigilance, as I am sure it will, under Baker Conyers Goode Mrs. FOWLER. Mr. Chairman, we Baldacci Cook Goodlatte support this amendment and have no the gentlewoman’s leadership. Baldwin Cooksey Goodling objection to it. The CHAIRMAN pro tempore (Mr. Ballenger Costello Gordon Mr. OBERSTAR. Mr. Chairman, I HEFLEY). The question is on the Barcia Cox Goss Barr Coyne Graham move to strike the last word. amendment offered by the gentleman Barrett (NE) Cramer Green (TX) Mr. Chairman, I rise in strong sup- from Ohio (Mr. TRAFICANT). Barrett (WI) Crane Green (WI) port of the amendment offered by the The amendment was agreed to. Bartlett Crowley Greenwood gentleman from Ohio who has through- The CHAIRMAN pro tempore. Are Barton Cubin Gutierrez Bass Cummings Gutknecht out his service in the Congress made a there further amendments? Bateman Cunningham Hall (OH) point of reminding us on every piece of If not, the question is on the commit- Becerra Danner Hall (TX) legislation that comes to the House tee amendment in the nature of a sub- Bentsen Davis (FL) Hansen stitute, as amended. Bereuter Davis (IL) Hastings (FL) floor wherever there is procurement Berkley Davis (VA) Hastings (WA) that this procurement should be The committee amendment in the Berman Deal Hayes cloaked in the Buy America label. nature of a substitute, as amended, was Berry DeFazio Hayworth American dollars are being used, tax- agreed to. Biggert DeGette Hefley Bilbray Delahunt Herger payer dollars are being used on Federal The CHAIRMAN pro tempore. Under Bilirakis DeLauro Hill (IN) projects, on Federal programs, and he the rule, the Committee rises. Bishop DeLay Hill (MT) is right to remind this body time and Accordingly, the Committee rose; Blagojevich DeMint Hilleary and the Speaker pro tempore (Mr. Bliley Deutsch Hilliard again that those dollars must be used Blumenauer Diaz-Balart Hinchey to purchase American products in the NETHERCUTT) having assumed the Blunt Dickey Hinojosa service of this country. Other countries chair, Mr. HEFLEY, Chairman of the Boehlert Dicks Hobson do that. Other countries realize that Committee of the Whole House on the Boehner Dingell Hoeffel Bonilla Dixon Hoekstra charity begins at home, that a strong State of the Union, reported that that Bonior Doggett Holden economy begins at home, and we must Committee, having had under consider- Bono Dooley Hooley do the same. ation the bill (H.R. 707) to amend the Borski Doolittle Horn The gentleman is right, I was suc- Robert T. Stafford Disaster Relief and Boswell Doyle Hostettler Boucher Dreier Houghton cessful in 1982 in the Surface Transpor- Emergency Assistance Act to authorize Boyd Duncan Hoyer tation Assistance Act in getting a very a program for predisaster mitigation, Brady (PA) Dunn Hulshof strong Buy America provision on steel to streamline the administration of Brady (TX) Edwards Hunter Brown (CA) Ehlers Hutchinson used in our Federal highway program. disaster relief, to control the Federal Brown (FL) Ehrlich Hyde In the next 6 years under TEA 21, that costs of disaster assistance, and for Brown (OH) Emerson Inslee will mean that 18 million tons of Amer- other purposes, pursuant to House Res- Bryant English Isakson ican steel will go into our Federal aid olution 91, he reported the bill back to Burr Eshoo Istook Burton Etheridge Jackson (IL) highway and bridge program. We have the House with an amendment adopted Buyer Ewing Jackson-Lee Buy America provisions that apply to by the Committee of the Whole. Callahan Farr (TX) the Corps of Engineers, that apply to The SPEAKER pro tempore. Under Calvert Fattah Jefferson Camp Filner Jenkins the Federal transit system. the rule, the previous question is or- Campbell Fletcher John Years ago when I chaired the sub- dered. Canady Foley Johnson (CT) committee that has jurisdiction over Is a separate vote demanded on any Cannon Forbes Johnson, E. B. this legislation now, we held extensive amendment to the committee amend- Capuano Ford Johnson, Sam Cardin Fossella Jones (NC) hearings, Mr. Gingrich and I, the rank- ment in the nature of a substitute Carson Fowler Jones (OH) ing member on the Republican side at adopted by the Committee of the Castle Frank (MA) Kanjorski the time, we found widespread abuses Whole? If not, the question is on the Chabot Franks (NJ) Kaptur in the Federal transit program on the amendment. Chambliss Frelinghuysen Kasich March 4, 1999 CONGRESSIONAL RECORD — HOUSE H977 Kelly Nadler Sherwood hands of Federal regulators in the Subcommit- rules, a list of which will be distributed Kildee Napolitano Shimkus Kilpatrick Neal Shows tee on Commercial and Administrative Law in to Members’ offices. Kind (WI) Nethercutt Shuster the House Judiciary Committee and missed a On Wednesday, March 10, and the bal- King (NY) Ney Simpson recorded vote on H.R. 707, the Disaster Miti- ance of the week the House will meet Kingston Northup Sisisky Kleczka Norwood Skeen gation and Cost Reduction Act of 1999. Had at 10 o’clock a.m. to consider the fol- Klink Nussle Skelton I been present, I would have voted ``aye'' on lowing legislative business: Knollenberg Oberstar Slaughter rollcall No. 33, to agree to H.R. 707. H.R. 800, the Education Flexibility Kolbe Obey Smith (MI) Kucinich Olver Smith (NJ) Ms. SANCHEZ. Mr. Speaker, during rollcall Partnership Act; Kuykendall Ortiz Smith (TX) vote No. 33 on March 4, 1999, I was unavoid- H.R. 4, a bill declaring the United LaFalce Ose Smith (WA) ably detained. Had I been present, I would States policy to deploy a national mis- LaHood Owens Snyder have voted ``aye.'' Lampson Oxley Souder sile defense. Lantos Packard Spence Mr. SCARBOROUGH. Mr. Speaker, on roll- It is possible, Mr. Speaker, that we Largent Pallone Spratt call No. 33, I was unavoidably detained. Had may also take under consideration a Larson Pascrell Stabenow I been present, I would have voted ``yes.'' Latham Pastor Stearns resolution relating to the deployment LaTourette Payne Stenholm f of troops in Kosovo. Lazio Pease Strickland Mr. Speaker, we expect to conclude Leach Pelosi Stupak GENERAL LEAVE Lee Peterson (MN) Sununu legislative business next week on Fri- Levin Peterson (PA) Sweeney Mrs. FOWLER. Mr. Speaker, I ask day, March 12, by 2 o’clock p.m. Lewis (CA) Petri Talent unanimous consent that all Members Mr. MENENDEZ. Mr. Speaker, I Lewis (GA) Phelps Tancredo Lewis (KY) Pickering Tanner may have 5 legislative days within would ask the majority leader if he Linder Pickett Tauscher which to revise and extend their re- might answer one or two questions. Lipinski Pitts Tauzin marks and include extraneous material Mr. Speaker, would the gentleman LoBiondo Pombo Taylor (MS) on H.R. 707, the bill just passed. Lofgren Pomeroy Taylor (NC) believe that, beyond that which he has Lowey Porter Terry The SPEAKER pro tempore (Mr. told the House, that anything specifi- Lucas (KY) Portman Thomas LAHOOD). Is there objection to the re- cally will be added to the schedule Lucas (OK) Price (NC) Thompson (CA) quest of the gentlewoman from Flor- Luther Pryce (OH) Thompson (MS) other than the resolutions that will be Maloney (CT) Quinn Thornberry ida? considered on Tuesday on the consent Maloney (NY) Radanovich Thune There was no objection. agenda? Manzullo Rahall Thurman f Markey Ramstad Tiahrt b Martinez Regula Tierney 1215 Mascara Reyes Toomey REMOVAL OF NAME OF MEMBER Mr. ARMEY. Mr. Speaker, I thank Matsui Reynolds Towns AS COSPONSOR OF H.R. 863 McCarthy (MO) Riley Traficant the gentleman for the input. Other McCarthy (NY) Rivers Turner Ms. WOOLSEY. Mr. Speaker, I ask than things that we may clear through McCrery Rodriguez Udall (CO) unanimous consent to have my name both sides to add to the suspension cal- McDermott Roemer Udall (NM) removed as a cosponsor of H.R. 863. McGovern Rogan Upton endar, I would see us taking under con- McHugh Rogers Velazquez While I strongly support taking so- sideration nothing other than what has McInnis Rohrabacher Vento cial security off-budget once and for been stipulated here. McIntosh Ros-Lehtinen Visclosky all, I believe the Republican leadership McIntyre Rothman Walden Mr. MENENDEZ. Mr. Speaker, I McKeon Roukema Walsh is exploiting the bill to pursue a hidden think many Members have serious con- McKinney Roybal-Allard Wamp agenda of tax cuts for the wealthiest cerns and want to be able to be sure McNulty Royce Waters Americans. Meehan Rush Watkins that they will be present on the poten- Meek (FL) Ryan (WI) Watt (NC) The SPEAKER pro tempore. Is there tial resolution on Kosovo. Does the Meeks (NY) Ryun (KS) Watts (OK) objection to the request of the gentle- gentleman have a sense on what day of Menendez Sabo Waxman woman from California? Metcalf Salmon Weiner next week the Kosovo resolution will Mica Sanders Weldon (FL) There was no objection. be coming to the floor? Millender- Sandlin Weldon (PA) f Mr. ARMEY. Mr. Speaker, again, I McDonald Sanford Weller thank the gentleman for his inquiry, Miller (FL) Sawyer Wexler LEGISLATIVE PROGRAM Miller, Gary Saxton Weygand and I think it is important that we Miller, George Schaffer Whitfield (Mr. MENENDEZ asked and was stress, in response to the question, that Minge Schakowsky Wicker it is clear that we will be taking up the Mink Scott Wilson given permission to address the House Moakley Sensenbrenner Wise for 1 minute.) Kosovo resolution next week, and we Moore Serrano Wolf Mr. MENENDEZ. Mr. Speaker, I rise expect that that will be on Thursday Moran (KS) Sessions Woolsey and Friday. Moran (VA) Shadegg Wu to inquire of the distinguished major- Morella Shaw Wynn ity leader at this time regarding the So the answer to the gentleman’s Murtha Shays Young (AK) schedule. question is that the Kosovo resolution Myrick Sherman Young (FL) Mr. ARMEY. Mr. Speaker, will the will be taken up on Thursday. We ex- NAYS—2 gentleman yield? pect to have a generous portion of time Paul Stump Mr. MENENDEZ. I yield to the gen- for debate, so we could expect that we NOT VOTING—16 tleman from Texas. would work on it Thursday and Friday Mr. ARMEY. Mr. Speaker, I thank of next week. Capps Gilchrest Rangel Chenoweth Granger Sanchez the gentleman for yielding. Mr. MENENDEZ. Mr. Speaker, my Engel Holt Scarborough Mr. Speaker, I am pleased to note last question, so therefore, by that Evans Kennedy Stark that we have had our last vote for this statement, it looks rather certain that Everett McCollum Gekas Mollohan week. The House will next meet on we will be here voting on Friday? Monday, March 8, at 2 o’clock p.m. for Mr. ARMEY. Mr. Speaker, if the gen- b 1210 a pro forma session. Of course, there tleman would continue to yield, yes, So the bill was passed. will be no legislative business and no there should be no doubt about that. As The result of the vote was announced votes on that day. I indicated, we do have a getaway time as above recorded. On Tuesday, March 9, the House will by 2 o’clock. However we arrange the A motion to reconsider was laid on meet at 10:30 a.m. for Morning Hour, schedule, that will be, of course, hon- the table. and 12 o’clock noon for legislative busi- ored for all the Members who want to Stated for: ness. Votes are expected after 12 make their arrangements for their Mr. GEKAS. Mr. Speaker, earlier today, o’clock noon on Tuesday, March 9th. travel. March 4, 1999, I was unavoidably detained On Tuesday, we will consider a num- Mr. MENENDEZ. Mr. Speaker, I while chairing a hearing on privacy in the ber of bills under suspension of the thank the gentleman for his answers. H978 CONGRESSIONAL RECORD — HOUSE March 4, 1999 ANNOUNCEMENT BY CHAIRMAN OF safeguard the rights and legacies of Native offer this resolution that will help affix COMMITTEE ON RULES REGARD- Americans; Morris King Udall’s name to our ING CONSIDERATION OF AMEND- Whereas in his lifetime, Morris King Udall memories and to those of generations became known as a model Member of Con- MENTS TO H.R. 800, THE EDU- gress and was among the most effective and to come. CATION FLEXIBILITY PARTNER- admired legislators of his generation; Mr. Speaker, if I could have a vote in SHIP ACT Whereas this very decent and good man my district for every time that he (Mr. DREIER asked and was given from Arizona also left us with one of the made one of us smile or laugh, I would permission to address the House for 1 most precious gifts of all—a special brand of be winning all of my elections unani- wonderful and endearing humor that was dis- minute.) mously. Mo was loved by the public. He tinctly his; was loved by the press, by his col- Mr. DREIER. Mr. Speaker, the Com- Whereas Morris King Udall set a standard mittee on Rules is planning to meet on for all facing adversity as he struggled leagues, and by his family, many of Tuesday, March 9, to grant a rule against the onslaught of Parkinson’s disease whom are here today. which may limit the amendment proc- with the same optimism and humor that There was a reason for that. It was ess on H.R. 800, the Education Flexibil- were the hallmarks of his life; and because Mo Udall was true to Mo. He ity Partnership Act. Whereas Morris King Udall in so many could stand for hours and he could tell ways will continue to stand as a symbol of The rule may, at the request of the one-liners. And by making himself the all that is best about public service, for all brunt of his own humor, he could reach Committee on Education and the that is civil in political discourse, for all Workforce, include a provision requir- that is kind and gentle, and will remain an those MBA arms of his right into our ing amendments to be preprinted in the inspiration to others: Now, therefore, be it consciences and wrest away any pre- amendments section of the CONGRES- Resolved by the House of Representatives (the tensions that we might have, or self- SIONAL RECORD. Amendments to be Senate concurring), That the Congress— righteousness. preprinted should be signed by the (1) has learned with profound sorrow of the Mo made us see our foibles, not by death of the Honorable Morris King Udall on moralizing or yelling at us. He did not Member and submitted to the Speak- December 12, 1998, and extends condolences er’s table. Amendments should be to the Udall family, and especially to his say ‘‘Change those wretched ways.’’ drafted to the text of the bill as or- wife Norma; Rather, he made us laugh at ourselves, dered reported by the Committee on (2) expresses its profound gratitude to the even against our will, and he forced, Education and the Workforce. Copies of Honorable Morris King Udall and his family and I do mean forced, us to see the the text of the bill as reported can be for the service that he rendered to his coun- smallness of ourselves. He forced us to obtained from the Committee on Edu- try; and see our blindness, our pettiness, the cation and the Workforce. (3) recognizes with appreciation and re- vanity we sometimes have, our ego- spect the Honorable Morris K. Udall’s com- mania. Members should use the Office of mitment to and example of bipartisanship Legislative Counsel to make sure that and collegial interaction in the legislative Coming from a conservative State their amendments are properly drafted process. like Arizona, Mo Udall defied easy or and should check with the Office of the SECTION. 2. TRANSMISSION OF ENROLLED RESO- politically opportune choices. He voted Parliamentarian to be sure their LUTION. his conscience. He voted it whether the amendments comply with the rules of The Clerk of the House of Representatives topic was racial equality back in the the House. shall transmit an enrolled copy of this Con- 1960s, the dire need for government to current Resolution to the family of the Hon- f orable Morris King Udall. assume better stewardship of its public lands, or the sacrifice of American HONORING MORRIS KING UDALL, The SPEAKER pro tempore (Mr. lives in Vietnam. He spoke out on FORMER UNITED STATES REP- LAHOOD). The gentleman from Arizona those issues. RESENTATIVE FROM ARIZONA (Mr. KOLBE) is recognized for 1 hour. Mr. KOLBE. Mr. Speaker, I yield 30 But no one in our country, Johnny Mr. KOLBE. Mr. Speaker, I ask unan- minutes of my time to the gentleman Carson, Bob Hope, Jack Benny in- imous consent that the Committee on from Arizona (Mr. PASTOR), pending cluded, could keep a straight face like House Administration be discharged which I yield myself such time as I Mo could. With that humor, he carried from further consideration of the con- may consume. a very serious and a profound message current resolution (H. Con. Res. 40) Mr. Speaker, I am honored to be here and that humor helped to enlighten the honoring Morris King Udall, former today to introduce and to call up this ignorant, satirize the comforted, and United States Representative from Ari- resolution honoring a great American make us take inventory at every mo- zona, and extending the condolences of and certainly a great Arizonan. There ment of the beauty and fragility of our the Congress on his death, and ask for really could be no better homage to Mo lives. its immediate consideration in the Udall than if I could stand up here for Even as his health waned, Mo was House. a few minutes and take the time to passing on a message of hope to us: The Clerk read the title of the con- simply lampoon myself. Help those of us whose bodies are im- current resolution. But the risk of that kind of self-ex- prisoned by Parkinson’s and other such The SPEAKER pro tempore. Is there ploration would probably be too much. illnesses to recover. Even when he was objection to the request of the gen- I might actually learn the truth about unable to speak to us, Mo and his loyal tleman from Arizona? myself, for example, and turn to some- and extraordinary family brought There was no objection. thing more noble like perhaps running about policy changes in the health field The Clerk read the concurrent reso- numbers or selling ocean-front parcels that few might have imagined possible. lution, as follows: in Tucson. That was the kind of thing For those in this body who have had that Mo would say. H. CON. RES. 40 the opportunity to be touched by Mo, Mr. Speaker, Mo was a mentor and a Whereas Morris King Udall served his Na- today is an appropriate occasion to re- tion and his State of Arizona with honor and close friend of many of us. Certainly, he was a friend of mine and a political member a man who brought civility distinction in his 30 years as a Member of the through humor into the political proc- United States House of Representatives; idol as well. I have tried hard to follow Whereas Morris King Udall became an in Mo’s footsteps in southern Arizona’s ess. internationally recognized leader in the field congressional district. Much of what he For those who were not fortunate of conservation, personally sponsoring legis- represented, I now represent. I cer- enough to have known this man, they lation that more than doubled the National tainly have learned extensive lessons have missed an icon. But they should Park and National Wildlife Refuge systems, in what it means to be second-best, be- seek solace in knowing two things. The and added thousands of acres to America’s cause no one could ever best Mo Udall. political process in the United States National Wilderness Preservation System; So now I know what it is like to be of America has been deeply enriched by Whereas Morris King Udall was also instru- the contributions, and because of the mental in reorganizing the United States taken off the bench to replace Mark Postal Service, in helping enact legislation McGwire, to sing backup to Pavarotti, contributions of Mo Udall, there is a to restore lands left in the wake of surface to be Mike Tyson’s sparring partner. secure place in public service for those mining, enhancing and protecting the civil It is one of the humble honors of my willing to take a step back and look at service, and fighting long and consistently to career that I have the opportunity to their own shortcomings. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H979 Mr. Speaker, today, along with many work of his son and his nephew drawn though not one of unanimity on all members of the delegation and mem- to public service and newly elected to points, one that he had the right to bers of the family who now serve in this body. champion, and he championed so very this body, we will be introducing a bill In remembering and learning from well. which would rename the Coronado Na- Mo’s example, be it perseverance or bi- I made mention of the fact that two tional Forest, which lies in southern partisanship, we can all contribute to a kinfolks of the Udall clan are now here Arizona and which encompasses eight legacy of decency, optimism, and hon- in the Congress of the United States. I wilderness areas. I can think of no orable public service that Mo Udall has have a staffer back home who is part of more fitting tribute to this great tow- left to this country and to this House. the Udall family. The joke is that Mo ering man who was so instrumental in Mr. Speaker, I reserve the balance of and Stu took a left turn out of Saint establishing those wilderness areas, my time. John’s, and some of my folks took a right turn out of the Round Valley, and and so many other wilderness areas, b 1230 than to call that beautiful National that was the beginning of some of the Forest the Udall National Forest. I Mr. KOLBE. Mr. Speaker, I yield as political differences as reflected on welcome the support of my colleagues much time as he may consume to the these sides of the aisle. in this effort. gentleman from Arizona (Mr. But, Mr. Speaker, it is worth noting, Mr. Speaker, I reserve the balance of HAYWORTH) from the 6th Congressional and I thank the two senior members of my time. District. In doing so, I would note that my delegation, the gentleman from Ar- Mr. PASTOR. Mr. Speaker, I yield he is one of those Members who did not izona (Mr. KOLBE) and the gentleman myself such time as I may consume. serve with Mo Udall. But none of us from Arizona (Mr. PASTOR), for taking Mr. Speaker, first of all, I want to who come from Arizona have not been this time to remember Morris K. Udall, thank the distinguished gentleman touched by his great works. his life, his legacy, and the challenges from Arizona (Mr. KOLBE) for introduc- Mr. HAYWORTH. Mr. Speaker I he would confront even as we confront ing this resolution and allowing us thank the gentleman from Arizona for today. time to pay tribute to a great Amer- yielding to me. Mr. PASTOR. Mr. Speaker, it is an ican. Mr. Speaker, while it is true I did not honor for me to yield 3 minutes to the Mr. Speaker, it is a great honor for have the opportunity to serve concur- gentlewoman from Texas (Ms. JACK- me to be here today and to manage this rently with Mo Udall, the fact is, evi- SON-LEE). resolution that pays tribute to Morris dence of his service in this institution (Ms. JACKSON-LEE of Texas asked K. Udall, who many of us here knew abounds, not only in family members and was given permission to revise and and remember fondly as ‘‘Mo.’’ who have joined us in the 106th Con- extend her remarks.) Ms. JACKSON-LEE of Texas. Mr. Mo’s retirement from the House of gress and family members who are here Speaker, I thank the distinguished gen- Representatives in 1991, following 30 to celebrate Mo’s memory, but also in tleman from Arizona for his kindness years of distinguished service in this constituents from my district. I had the privilege, Mr. Speaker, of and also for his eloquent remarks. body, was a great loss for the State of Mr. Speaker, I grew up with Con- coming to this Chamber this afternoon Arizona, for the environmental and Na- gressman Mo Udall. In growing up with with young people from the Navaho na- tive American issues he championed, him, I was fully comfortable with the tion, from Pinon, Shonto, who are here and for the cause of civility and humor fact that the environment was well to learn more about Washington. Their in public life. His death last December protected and the integrity of this presence here and the comments of a after a long struggle with Parkinson’s body was well protected. disease was a great personal loss for colleague from this floor just the other Congressman Udall was a man who the Udall family, to whom I offer my day in an informal setting really, I always managed to rise above the limi- deep-felt condolences. think, served to provide a tribute to tations that were placed upon him and Mo earned an uncommon respect and Mo Udall, because a congressional col- succeeded triumphantly. As a child at loyalty among his colleagues here in league said, ‘‘You folks from Arizona age 7, he lost his right eye in an acci- the House and those who knew him really stick together.’’ dent, but he still managed to excel in across this great Nation. He was able Indeed, as we look at the rich legisla- athletics. In high school, he was co- to distinguish between political oppo- tive legacy offered by Mo Udall, it is captain of the basketball team. I must nents and enemies and maintain friend- worth noting that members of my say, Mr. Speaker, I saw him as the tall, ships across the ideological spectrum. party, John Rhodes, Barry Goldwater, tall, I was going to say Texan, but I He built bridges of goodwill that al- others got together to ask, ‘‘What is will give that name to Arizonian, be- lowed him not only to pass prolific wil- good for Arizona and good for Amer- cause I looked to him as a tall Member derness and historic preservation agen- ica?’’ Now lest my colleagues think of this body. das but to resist the partisan animos- that we sing from the same page of the He also played quarterback, the posi- ity that erodes public faith in Con- hymnal on every occasion, of course tion that requires the most vision on gress. not. But we champion those dif- the football team. Academically, he He was a source of pride to the Arizo- ferences. was a model student. He was a valedic- nans he represented and a source of That is what Morris K. Udall em- torian and student body president. pride to many Americans. Mo had the bodied, an ability to clearly and can- As we all know, his all-around excel- courage to lose and yet was never de- didly express differences, unafraid. He lence continued well after high school. feated. He challenged the status quo, was able to use the gift of humor to In 1942, he entered the U.S. Army even within this institution, encourag- make those observations all the more Corps, despite his limited vision. He ing a debate that brought vitality and eloquent, although, even today, I played professional basketball for the progress to our public discourse. He might take issue with some of those Denver Nuggets and passed the Arizona was willing to keep standing up after observations. We champion that free- bar exam with the highest score in the being knocked down, and to be and to dom when we remember Mo Udall. State. champion the underdog, and yet to Many Americans remember that, in He was elected to Congress in 1961, maintain a courageous optimism. the wake of his quest for the White replacing his brother, Stewart, who Mr. Speaker, he faced personal adver- House in 1976, he authored a book enti- had taken a position as the Secretary sity in his struggle with Parkinson’s tled, ‘‘Too Funny To Be President.’’ It of Department of Interior offered to disease with the uncommon grace we was that typical self-deprecating wit him by President Kennedy. His love for had come to expect of Mo. even inherent in that title. this country, the public lands ran in Mo’s legacy will live in the retelling But if he might have been too funny the family. He had a passion, a sense of of his famous anecdotes, in the CAP to be president in his own words, he humor, and civility. water that my granddaughter drinks in was not too humorous to not be an ef- Just as when he was younger, Con- Arizona, in the wilderness lands pre- fective legislator and to offer the peo- gressman Morris Udall proved he could served for generations of Americans ple of Arizona and the people of Amer- achieve despite politics and pass im- yet to come. Perhaps it will live in the ica a clear, consistent philosophy, portant and much-needed legislation. H980 CONGRESSIONAL RECORD — HOUSE March 4, 1999 The Congressman was a floor whip sup- the Interior offered to him by President Ken- environmental community. I had the porting the passage of the 1964 Civil nedy, he immediately became known for his distinct honor and privilege of working Rights Act and would begin to craft passion, humor, and civility. with Mo, not only as a member of our the history of this country. Particu- Just as when he was younger, Congress- Committee on International Relations, larly for those who were least empow- man Morris Udall proved that he could achieve but as a member of the Subcommittee ered, the Civil Rights Act of 1964 comes despite politics, and pass important and much- on Postal Services and the Subcommit- to mind. Let me personally thank him needed legislation. tee on Civil Service, as we tried to re- on behalf of my community. Congressman Udall was a floor whip sup- form both the Postal Service and the Serving as chair on the Committee porting the passage of the Civil Rights Act of Civil Service. on Interior and Insular Affairs, he was 1964Ðsomething I would like to personally Many of us admired Mo’s willingness an earlier champion of environmental thank him for. Serving as Chair of the Commit- and the quality in which he took part causes, fighting early to protect our tee on Interior and Insular Affairs, he was an in the Presidential campaign in 1976. natural lands in areas as diverse as the early champion of environmental causes, fight- Yes, even many of my Republican con- canyons of Arizona and the forests of ing early on to protect our natural lands in stituents were pleased to support Mo Alaska. areas as diverse as the canyons of Arizona Udall in that campaign. He stood up for the rights of Amer- and the forests of Alaska. It is fitting that the 105th Congress ican Indians, our Native Americans, Representative Udall stood up for the rights passed the Morris K. Udall Parkinson’s and advocated for laws that would help of American Indians, and advocated for laws Research Act of 1997 and that this Con- them rather than further hurt them. that would help them rather than further hurt gress is committed to working towards As a civil servant, Congressman Udall them. finding the cause and cure for Parkin- always managed to keep the focus on As a civil servant, Congressman Udall al- son’s Disease, motivated primarily by what is best for the public. Along with ways managed to keep the focus on what is Mo Udall. President Carter, he enacted civil serv- best for the public. Along with President As a member of the congressional ice reforms, and he was a chief sponsor Carter, he spearheaded efforts to enact civil working group on Parkinson’s Disease, of Campaign Finance Reform Act. He service reforms, and he was the chief sponsor my colleagues and I will continue to do was ahead of his time. of the first-ever Campaign Finance Reform the work that was inspired by Mo in Morris Udall was a strong family Act. finding an eventual cure for that dis- man. He was a good son and brother Most of all, Morris Udall was a strong family ease. and uncle and father. Many would tell man. He was a good son, a good brother, a I am pleased to join my colleague, me that I have no way of knowing that, good uncle, and a good father. Many would the gentleman from Arizona (Mr. but I tell my colleagues, we have proof tell me that I have no way of knowing thatÐ KOLBE), in proposing that the Coronado in it in this House today. but I tell youÐwe have proof of it here in the Forest in Arizona now be renamed the Let me say that I am delighted that House. Congressmen MARK and TOM UDALL Mo Udall Forest. What an appropriate his son, the gentleman from Colorado have already proven themselves as more- monument to an outstanding public (Mr. MARK UDALL), and his nephew, the than-capable Members of Congress, and look servant. gentleman from New Mexico (Mr. TOM forward to working with both of them in the fu- Mr. PASTOR. Mr. Speaker, I yield 2 UDALL), came in as a double-whammy, ture. minutes to the distinguished gentle- being elected this time to the 106th We lost a good friend on December 12th of woman from Hawaii (Mrs. MINK). Congress. If there ever would have been last year. Yet I am glad to see his spirit live Mrs. MINK of Hawaii. Mr. Speaker, I someone who had a humorous state- on. I hope that we can pass this resolution thank the gentleman for yielding me ment to make of that, it would have and work in this Congress with the manner of this time. I am perhaps one of the few been Mo Udall. He liked double- Morris K. UdallÐabove the limitations of par- Members of this Congress that had the whammies. He would have called that a tisanship and politics, and with a keen sense wonderful opportunity of serving with slam dunk. of what is best for the people we serve. Mo Udall. As I conclude, Mr. Speaker, let me Mr. KOLBE. Mr. Speaker, I yield as I came to the Congress in 1965, and simply say I hope this testimony much time as he may consume to the Mo was already here. I had the oppor- today, his tribute, will compel us to distinguished gentleman from New tunity to serve with him on the Com- support finding a cure for Parkinson’s York (Mr. GILMAN), the chairman of mittee on Interior and Insular Affairs. Disease, and I wholeheartedly support the Committee on International Rela- After several years, I became the chair this resolution to acknowledge the loss tions, which was one of Mo Udall’s of the Subcommittee on Mines and of a dear friend, a great colleague, and other great loves. Mining. I had a 5-year ordeal in trying great American. God bless him and God (Mr. GILMAN asked and was given to fashion the surface mining legisla- bless his family. permission to revise and extend his re- tion. Thank you, Mr. Speaker. I rise today to marks.) Mo was always there, constantly speak on behalf of H. Con. Res. 40, which Mr. GILMAN. Mr. Speaker, I thank working to help us develop a consensus honors the life of former Congressman Morris the gentleman for yielding to me. I within the subcommittee in a very, K. Udall. thank the gentleman from Arizona very controversial area. I remember Congressman Udall was a man who always (Mr. KOLBE) for introducing this reso- coming to the floor with the legislation managed to rise above the limitations that lution, giving us the opportunity to and spending weeks in the debate dur- placed upon him, and succeed triumphantly. pay tribute to a great leader. ing the discourse of perhaps 50 or 60 As a child, at age seven, he lost his right Mr. Speaker, Morris ‘‘Mo’’ K. Udall amendments. eye in an accident, but he still managed to was an outstanding Member of this Mo Udall’s legacy to this country is excell in athletics. I high school, he was co- body and an even greater man. His un- enormous, not only in the fields in captain of the basketball team, and he played timely death last year was a tremen- which he labored in the Committee on quarterbackÐthe position that requires the dous loss to this Nation. He is one of Foreign Affairs and in the Committee most visionÐon the football team. Academi- the most loved, most respected and on the Postal Service and in the Com- cally, he was a modest studentÐhe was val- most accomplished Members of Con- mittee on the Interior, but he left a edictorian and student body president. gress in this generation. legacy of tremendous honesty, integ- And as we all know, his all-around excel- When Mo Udall was diagnosed with rity and dedication to the basic prin- lence continued well after high school. In Parkinson’s Disease in 1980, many had ciples of this country; and that is fair- 1942, he entered the U.S. Army Air Corps de- never heard of that devastating illness. ness, that is a love of the natural re- spite his limited vision. He played professional Mo’s 18-year struggle with Parkinson’s sources, a sense of pride and a con- basketball for the Denver Nuggets, and Disease illustrated his courage and his scious obligation to preserve and pro- passed the Arizona bar exam with the highest serenity which inspired his many co- tect that which we have here within score in the State. workers, friends and family. our boundaries. When he was elected to Congress in 1961, During Mo’s 30 years of service in Mo Udall was always on the floor replacing his brother, Stewart, who had taken this body, Mo will be most remembered fighting for equity, asking this body to a position as Secretary of the Department of for his achievements on behalf of the be fair in its deliberations, making March 4, 1999 CONGRESSIONAL RECORD — HOUSE H981 sure that both sides had an even really need to stand back and remem- And he would say that he was consider- chance to express their views on legis- ber, is that before we were Repub- ing it because the only known cure for lation. He was an inspiration. I have al- licans, before we were Democrats, we Presidentialitis was embalming fluid. ways looked to Mo. were Americans first. Mo Udall under- And so he was always considering it, Even though he is gone, Mo will al- stood that, and he understood that re- and we were encouraging him to con- ways remain, in my view, as one of the gardless of who gets the credit for it, sider it because he was someone who greatest legislators to come to serve in we are going to do the right thing. would have been a great President. the Congress, whose history, whose leg- I got to know very intimately Mo’s I remember in 1979, I think that the acy will always remain here, not just sister, Inez Turley. She was my history gentleman from California (Mr. in the books of the Congress, but in the teacher, and she had the most profound GEORGE MILLER) and the gentleman service, in the legislation and in the impact upon my life of any teacher I from Minnesota (Mr. BRUCE VENTO) manner in which he represented the have ever had. She truly loved the sub- were with us, and we went up to Three constituents of the great State of Ari- ject of world history that she taught. Mile Island in a bus to check out the zona. She cared about her students and she accident. And we pulled in with a bus, It was an honor to serve with him. I oozed love and concern. I know there up within 10 feet of those looming, want to pay tribute to the gentleman are family members here today, and I eerie cooling towers, with radioactivity from Colorado (Mr. MARK UDALL) and want them to know that their sister, permeating every inch, and we were the gentleman from New Mexico (Mr. their aunt, their cousin, whoever she going to go inside. And Mo, TOM UDALL), who will be taking his might be to them, I loved her and she deadpanned, as we were sitting there place, and express my deepest condo- had a profound impact upon my life looking at this facility, looked at each lences to the family on the great loss and I will never forget her. In her later of us and said, ‘‘Men, I hope you each that this Nation has suffered by his un- years she also taught Sunday school, wore your lead-lined jock strap today. timely death. and my mom and dad and I were all This could be serious.’’ And so we went Mr. KOLBE. Mr. Speaker, I yield members of her class, and she inspired in laughing, even with our apprehen- such time as he may consume to gen- us and made us want to be better peo- sion, because this was Mo’s way of tak- tleman from the Arizona (Mr. SALMON), ple. ing even the most serious moment and a very distinguished Member of the Ar- The Udall legacy is one that, not just ensuring that he had found the light- izona delegation, but also I know he Mo Udall, but the entire Udall clan is hearted way of looking at it. knew Mo Udall personally and has prof- something that I think has benefitted As my colleagues know, we each vote ited from that knowledge of knowing all of Arizona. I am proud to call them with a card, and the card is something him. my friends, my neighbors, my brothers that registers our vote. We put it in a Mr. SALMON. Mr. Speaker, Mo Udall and my sisters, and God bless Mo machine and then, in this accommoda- used to call himself the one-eyed Mor- Udall. We thank him for all he meant, tion between the Daughters of the mon Democrat, and I guess I would be not only to Arizona but to America. American Revolution and technology the wide-eyed Mormon Republican. I I hope, Mo, as we go forward, you will that was cut in this chamber in the think that is one of the things that we smile down on us with your wit and early 1960s, our names all flash up on had in common. help us to remember not to take our- the side of the wall. And 15 minutes selves too seriously, but to remember after the vote begins, they all dis- b 1245 that, above all, the most important appear and the chamber goes back to Let me first of all say that Mo Udall thing that we can do is to serve. how it was in 1858. And when each of us came from good stock. It is no surprise Mr. PASTOR. Mr. Speaker, I yield 3 vote, our vote is recorded up there, yea that Mo Udall always won his elections minutes to the distinguished gen- or nay. with a very, very large margin. But tleman from Massachusetts (Mr. MAR- Well, every time I walked in the door then Mo Udall was related to over half KEY). for 15 years I looked up to see how Mo of Arizona, so I do not think he really Mr. MARKEY. Mr. Speaker, I met Mo Udall had voted, because I knew that ever had too much of a challenge. Udall in Malden Square, my hometown, Mo Udall would cast the correct vote, In fact, I think if I tried to one-up in January of 1976. I was a State rep- the right vote, and I could measure the gentleman from Arizona (Mr. resentative, and I endorsed him for myself by whether or not I had the po- KOLBE), I would change that resolution President out of a collection of people litical courage or wisdom to vote the and say, why should we stop there, let whom I did not know, but I felt that way he did at that time. But I was not us just change the name of Arizona to Mo Udall had the instincts and the the only one who did that, Mr. Speak- Udall Country and we will all be grace and the intelligence to be a great er. Scores of other people came in the Udallians. That would probably be a President. chamber each time, during all the time better suggestion. Then I got to think- He came to my hometown and I met I was in Congress, and looked up at ing about it. A few months ago I made him at an event, and he shuffled me that wall to find out how he had voted. probably an avant-garde proposal to into the back seat of his car and I In those final years, when he had put Ronald Reagan’s face on Mt. Rush- drove around with him for a day listen- Parkinson’s, this terrible disease which more. Maybe I should swap that and ing to him talk and watching him in- traps the mind inside a body that will put Mo Udall’s face on Mt. Rushmore. fluence every single person who he not function the way it wants, that I think a lot of people would probably met, whether he was just shaking their mind, that sense of humor, that insight get behind that right here and now, be- hand or giving a speech. But the effect was still inside of him and still speak- cause Mo Udall was the kind of guy was uniform and permanent, and I was ing, still talking to us, even though it that inspired us to become better. one of the people who was affected by was hampered by this physical ailment I look at the things we go through in him. that ultimately took him. And I think life. Sometimes they are hard to bear. My predecessor in Congress an- one of the things that we can do for Mo This last year it has not been a pleas- nounced the next month that he was over the next year is to make sure that ant time being in the Congress. We not going to run for reelection, and I for the Parkinson’s patients, for the have been through some very, very ran and I won. Much to my surprise, Alzheimer’s families that saw this huge tough times. America has been through within the year I was a member of the cut in home health care in the 1997 bal- some very, very tough times. And I Interior Committee with Mo Udall, this anced budget amendment, that cut by thought to myself over and over during man whom I held in awe as the chair- 20, 30 or 40 percent the amount of home the process, ‘‘Where are you, Mo Udall? man of the committee, even though I visits that these spouses can have as I wish you were here right now. We sat at the very bottom rung of all of relief from this disease as they try to could use your humor, we could use the committee seats. care for their families, is that we can your love, we could use your patriot- And over the years the experience make sure that we restore all that ism.’’ has become too numerous to mention, money; that we give to these families Because one of the things that Mo but we always encouraged Mo, in 1980 what they need in order to give the dig- Udall recognized, and I think all of us and 1984, to please run for President. nity to their family member that they H982 CONGRESSIONAL RECORD — HOUSE March 4, 1999 love so much. And in Mo Udall’s mem- would all be guilty of the same. But in ka, to make sure that, in fact, the ory, I think that that would be a wor- imitating and following in the foot- great environmental assets of this Na- thy objective for us to try to achieve steps of Mo Udall, in a modest way, tion were protected and preserved for this year. myself and my other colleagues work- future generations. Mo, without question, was one of my ing on environmental issues on a non- He took lands that were going to be idols. I revered him and I loved him partisan basis, I think we really reach subjected to dynamiting and desecra- and I am going to miss him dearly, and for the highest ideal in terms of public tion and he fought to save those lands. I thank my colleagues so much for service. I am very proud of that, and These were not easy battles when he holding this special order. the lessons I have learned from him fought them. These were titanic strug- Mr. KOLBE. Mr. Speaker, I yield and the quotations that I have bor- gles against powerful mining compa- such time as he may consume to the rowed from him and the progress that nies and powerful oil companies and gentleman from Minnesota (Mr. we have made. powerful timber companies, and he was VENTO), who did serve on the Interior Almost every issue that came before there in the forefront. He did not fight Committee with him and knows very this Congress during his service in the for 1 year, he fought for many years. well the legacy of Mo Udall. Congress, serving on what we call two He fought until he had succeeded. And, Mr. VENTO. Mr. Speaker, I thank minor committees on the Democratic now, many areas of this country enjoy the gentleman from Arizona (Mr. side, Post Office and Civil Service and a better economy, they enjoy protec- KOLBE), a good friend, for yielding me Interior and Insular Affairs, serving on tion of their rivers, their forests, their this time in true bipartisan spirit here. these two minor committees, he made public lands because of Mo Udall. Mo would be proud of us today in terms a major impact in terms of the friend- Native Americans enjoy much great- of our working together on many tough ships that he made and in terms of the er involvement in the government of topics. And certainly I want to rise in work that he did and the legislation this Nation, in their ability to govern strong support of this concurrent reso- that he wrote. Today is the foundation. themselves, to have much more say lution that my colleagues, the gen- We stand on those shoulders. over how this government treats them tleman from Arizona (Mr. PASTOR) and Our goal today is to, of course, look and involvement in the policies ac- the gentleman from Arizona (Mr. ahead further, to do a better job, to corded them. KOLBE), have joined together on with build on that record of progress. And b 1300 other members of the Arizona delega- certainly in this resolution I want to tion. state my respect, my affection and my Those are the gifts that he gave this Frankly, Mo Udall did not just be- love for this great American from Ari- Nation. But he also gave this body and long to Arizona, he was one of our zona who we all benefitted from and gave the political system in this coun- great treasures and one of our great who is our great mentor. I am glad to try the gift of his humor and his wit. mentors as a national legislator in this give him the credit and the recognition He would treat his enemies and his Congress. And, clearly, his long illness that is provided in this resolution, and friends alike. He would answer them and his final passing this December is again ask everyone to support it, and with gentle humor very often, subtly something that I think haunts all of us thank my colleagues for offering it. pointing out the failure of their argu- when we think about the terrible dis- Mr. PASTOR. Mr. Speaker, I yield ments and the failure of their point of ease that wracked his body. But I sus- myself such time as I may consume to view, but he did it in such a fashion pect he suffered on through all of that thank my colleague, the gentleman that he took to heart the idea that in just to make certain there were two from Minnesota (Mr. VENTO), for in- politics, you ought to try to disagree Udalls that were elected to Congress to forming me of which category I fall in. without being disagreeable, clearly a take his place and to pass the torch It is the latter rather than the former. change from what we experience today. along to. Indeed, I am sure they, in So I want to thank him. But that was the gift that he gave us their own way, will be making their Mr. Speaker, I yield 4 minutes to the and that is why so many of us enjoyed mark in this institution, and I con- gentleman from California (Mr. being around him. gratulate them on their victories and GEORGE MILLER), the ranking member I was fortunate enough to succeed Mo look forward to working with them, as of the committee on which Mo served as chairman of the House Interior Com- I did with their uncle and father, Mo as chairman for many years. mittee and when I did, we named the Udall. (Mr. GEORGE MILLER of California hearing room for him. We thought it If it were not for Mo Udall, many of asked and was given permission to re- was fitting when you look back on his us would not be able to get up and give vise and extend his remarks.) environmental legacy, his legislative very many speeches, because in much Mr. GEORGE MILLER of California. legacy that clearly it was a tribute of the content of our speeches we could Mr. Speaker, I thank the gentleman for that he deserved, somewhat modest be accused of using and reusing his sto- yielding me this time, and I thank the compared to his legacy, but I think it ries. One of the great ones, that I al- gentleman from Arizona (Mr. KOLBE) is one that is quite properly deserved. ways thought came across pretty well, for bringing this special order to the I also think that it must have been was when he referred to two types of floor, as well as the gentleman from enormously satisfying prior to Mo’s Members of Congress: ‘‘Those that Arizona (Mr. PASTOR). passing away to know that his son don’t know; and those that don’t know We obviously are paying tribute to a MARK would be serving in Congress and they don’t know.’’ great American and a legend in terms his nephew TOM would be here with I think he probably put us in our of his membership of this House, Mo him. I only wish that he would have place as it relates to the size of our Udall. He was one of the few Members known that they had been selected on ego, which does not necessarily grow of Congress that ever was able to enjoy the Interior Committee, the Interior with the size of what we know. One a national constituency because of the Committee that he gave so much tends to exceed the other. But I think issues that he struggled with and the standing and dignity to. it reminds us of the fact of what the leadership that he provided. He was Finally, you cannot end a discussion real process is that we work on around able to change the face of his home of Mo Udall without a Mo Udall story. here. I often lately have been quoting State, Arizona; to change the econom- Of course the one he told most often on and saying that our job in Congress is ics of that State because of his interest himself was the business of when he not so difficult, all we have to do is in western water policy and his in- was campaigning in New Hampshire, he take new knowledge and new informa- volvement there. went into a barber shop and he an- tion and translate it into public policy. We sit in a Nation today where the nounced, ‘‘I’m Mo Udall, I’m running Of course, the fact is most of us do not eastern most point is named Point for President,’’ only to be greeted by hold still long enough to stop and lis- Udall and the western most point is the response, ‘‘Yeah, we were just ten to what is being said sometimes to named Point Udall. And in between Mo laughing about that this morning.’’ properly process it. Udall fought titanic struggles, titanic That is exactly how he so disarmed au- I am glad that plagiarism does not struggles over the public lands of the diences all over this country, who came apply to political statements or we United States, in the lower 48, in Alas- sometimes with preconceived notions March 4, 1999 CONGRESSIONAL RECORD — HOUSE H983 but they left the room loving him. He legislative work. As a Nation we con- to broader values which speak to the fought a titanic struggle in Alaska, a tinue to benefit from Congressman essence of what we are as a Nation. huge struggle over the preservation of Udall’s work on broad environmental Very rarely do we get a person like Mo public lands. He was not well-liked in issues and Congressman Burton’s work Udall who not only spoke to the broad- Alaska. They told him never to come for our national parks. er national values but he spoke to back, that he was not welcome there. I I am honored, Mr. Speaker, to have them by taking on the cause of con- had the opportunity to travel with him considered Mo Udall a true friend and stituencies not his own, constituencies on his last trip to Alaska and the re- am further honored to make this trib- that could not possibly benefit him po- porters asked him at the end of the ute to him. This resolution recognizes litically in any way. trip, after we had visited the State and his achievements and he will live on in And so it is in that spirit that I as a many of the areas that were in con- the memories of those who knew him representative of a territory, a nonvot- troversy, and a reporter asked him, for decades to come. ing delegate, stand here today to bring ‘‘How did the people of Alaska treat Mr. Speaker, Mo Udall’s legacy will some recognition to his work with the you, Congressman Udall, this trip, be remembered by Members of this in- territories. I want to pay special honor compared to when you were here be- stitution and for the past years, for to his work in bringing about the Com- fore?’’ now and even for future generations to pacts of Free Association between the He says, ‘‘Oh, it’s much better now. come, millions of Americans will come United States and the Republic of They’re waving good-bye with all five to enjoy the beauty of our national Palau, a time when the political envi- fingers. It’s much better now.’’ That parks, our rivers, our national refuges ronment in Palau was very hazardous, was from a man that it was a true and wildernesses all because one man very unstable. Congressman Udall tem- pleasure to serve under in the Commit- made a difference, struggling very hard pered the emotions and helped generate tee on Resources that clearly was a in very difficult times to pass national House support for the Compacts of Free member of this House. legislation to preserve these national Association in Palau, and as a result of Mr. KOLBE. Mr. Chairman, I yield treasures. Mo Udall’s name will never that, he shepherded that compact to its such time as he may consume to the be forgotten. final fruition. gentleman from American Samoa (Mr. Mr. Speaker, one of the things that I Congressman Udall was also instru- FALEOMAVAEGA). admired most about this great man, mental in getting the Puerto Rico Self- (Mr. FALEOMAVAEGA asked and this great American, is that he truly Determination Act passed by the House was given permission to revise and ex- had a love and affection for the Native on a voice vote. In Guam’s case, he was tend his remarks.) American people. I recall, Mr. Speaker, very instrumental in bringing about a Mr. FALEOMAVAEGA. Mr. Speaker, in the movie ‘‘Dances with Wolves,’’ if meeting in 1983 with House leadership I personally want to thank the gen- you remember that one incident where and administration officials to discuss tleman from Arizona for allowing me Kevin Costner was walking along the Guam’s political status. Based on that such time to share my thoughts with riverside or the meadows with this In- meeting there was a later meeting in my colleagues and certainly with the dian chief and this Indian chief turned Albuquerque, and this led to what is American people concerning this great to Kevin Costner and said, ‘‘You know, known in Guam as the Spirit of Albu- American. my most, if there is anything that I querque, in which a commonwealth Mr. Speaker, I first met Congressman want to be in my life, was to become a draft act was presented. Although that Udall in 1975 when I became a staffer true human being.’’ draft act has not come to pass this for the House Committee on Interior I would like to say on behalf of all House in all these years, Mo Udall was and Insular Affairs. He became chair- the Samoans living here in the United there in the beginning. man of the committee in 1977 and used States, I pay a special tribute to Mo In an ironic way, Mo Udall fell to the this position very effectively in sup- Udall. He was truly a human being. disease of Parkinson’s disease, a con- port of our Nation’s environmental Mr. PASTOR. Mr. Speaker, I yield 4 stellation of diseases which occur on needs. During his 30-year career in the minutes to the gentleman from Guam Guam at 17 times the national rate, House, he was known for his consider- (Mr. UNDERWOOD). most often known in Guam as litiku able legislative accomplishments, his Mr. UNDERWOOD. Mr. Speaker, I bodek. In his honor and in his memory, unfailing grace, and was respected by thank the gentleman from Arizona for we should make sure that this funding all those who knew him. yielding me this time and certainly to for research on this disease as a way to Mr. Speaker, known as one of the stand in strong support for H.Con.Res. prevent it from occurring in future more liberal Members of the House, his 40, honoring former Congressman Mor- generations and dealing with those who ideas were opposed by many but have ris Udall. are afflicted by it today should be since come to be recognized as part of It is an honor for me to appear here passed and should be dealt with in a our national evolution. His legislative today and to support and commemo- very supportive way by this body. accomplishments were noteworthy: rate the accomplishment of Congress- I also want to draw attention to Strip mine control legislation, protec- man Udall, especially as a representa- something that the gentleman from tion of millions of acres of Federal tive from one of the U.S. territories. As California (Mr. GEORGE MILLER) men- lands as wilderness, revision of Federal my colleagues have so eloquently stat- tioned earlier. The easternmost part of pay system, establishment of the Post- ed already numerous times, Mr. Udall, the United States is in the Virgin Is- al Service as a semiprivate organiza- Mo Udall, was instrumental in improv- lands and that is named after Stewart tion, reform of the Civil Service to pro- ing the political process of this body Udall. The westernmost part of the mote merit pay, more flexibility for and indeed of the entire Nation. We United States is in Guam and there is Federal managers, and the enactment have also heard many stories about a tiny rock out there that the people of of the first meaningful laws governing how he was a proponent and a cham- Guam have decided to honor Mo Udall the financing of Federal campaigns. pion for preserving the environment by naming it after him. So from the Mr. Speaker, earlier in his career he and that not only do we enjoy that easternmost to the westernmost, the was a professional basketball player, today but future generations will enjoy Udall name is there forever. lawyer, county attorney, lecturer and that as well. Mr. KOLBE. Mr. Speaker, I yield cofounder of even a bank. He ran for His influence, though, extends way such time as she may consume to the the Democratic presidential nomina- beyond the coast, the East Coast and gentlewoman from New York (Mrs. tion in 1976. the West Coast of the United States. MALONEY). Mr. Speaker, Mo Udall ran for the Sometimes Members of Congress come (Mrs. MALONEY of New York asked Speaker of this institution against here and basically they try to simply and was given permission to revise and Representative John McCormick in represent the constituencies that extend her remarks.) 1969. Like another of my heroes, the brought them here. Other times some Mrs. MALONEY of New York. Mr. late Congressman Phil Burton, Mo Members of Congress come here and Speaker, I thank the gentleman for Udall lost his race for a leadership po- they try to represent broader national yielding me this time. I thank the gen- sition and then devoted his efforts to values, an effort on their part to speak tleman from Arizona (Mr. KOLBE) and H984 CONGRESSIONAL RECORD — HOUSE March 4, 1999 the gentleman from Arizona (Mr. PAS- course, the humor that you have ity as high and as brightly as we pos- TOR) for organizing this resolution in shared with us today. sibly can. We heard a lot about my fa- honor of Mo Udall. b 1315 ther’s great belief in civility today. I never met Mo Udall. The only way Again, I thank all of my colleagues I knew him was by reading about the I also want to thank my colleague, on behalf of my family. issues that he stood for, the actions the gentleman from Arizona (Mr. Mr. PASTOR. Mr. Speaker, I yield that he took in Congress, and as a lead- KOLBE), for bringing this piece of legis- myself such time as I may consume. er. I always admired him. In 1976, long lation forward that would rename this Mr. Speaker, those of us from Ari- before I was ever elected to city, State magnificent national forest in Arizona zona have known of the contribution of or Federal Government, as a public cit- after my father. I cannot think of any- public service, beginning with the izen I endorsed him and even sent him thing that would make him more proud Udalls as they came into Arizona, were a check when he ran for President, be- and more happy. at the forefront of providing leadership cause I liked what he was doing on a Those of my colleagues who spent in St. Johns and other parts of Arizona national level, and I wanted his leader- time with my father know that when and when they came into the valley. ship to be felt even more in our coun- he was out of doors and he was breath- The district was first represented by try. I never served with him as many of ing that sweet air and looking at those Stewart Udall very ably. He became my colleagues are sharing their stories faraway vistas, that he was never the Secretary of Interior, was suc- and memories, but when I joined this happier and never felt more alive than ceeded by Morris K. Udall, and my col- body, it was hard to go to a caucus he did in those kinds of situations. So, leagues heard of the great contribu- meeting or a large meeting where his this is truly an important and great tions they gave, not only to Arizona, to name was not referred to, where my symbol of what my father stood for. District 2, but to all America. colleagues quoted him or referred to Mr. Speaker, I feel a little awkward Mr. Speaker, Mo Udall was an inspi- the actions that he achieved or the talking at great length about my fa- ration not only to his son and to his goals that he stood for. He was greatly ther. I think that is in some ways an nephew and to his family, but he was admired by those who worked and important job that my colleagues here an inspiration to all of us, because we served with him. and his friends and my family can un- knew that if there was a wrong that I consider it a great honor, and I am dertake. But I did want to share a cou- needed to be corrected, that Mo was sure he would, too, that his son and ple of thoughts, not only as a Member there, and he inspired us to continue nephew have joined this body and will of this body as an elected official but that effort. If there was a need to pre- be working along the same principles as my father’s son. serve a piece of land, a forest, he in- and goals that he did. Today there are I spent the last year running for of- spired us to continue that effort, not a number of important tributes to Mo fice in Colorado, and I was asked, as we only for ourselves, but for future gen- Udall. There is a memorial service at 2, all are, why would I want to do this, erations. I know that Mo, his legacy there is a dinner tonight honoring him, why would I want to undertake such a will continue in the future because of and there is probably no greater way to challenge involving the fund-raising what he did, and that was to make this honor him and his work than by a liv- stresses and the separation from your country a better place to live for not ing tribute. This morning, in a biparti- family and the lost sleep and the epi- only our generation but for future gen- san spirit, as we are today on this thets that are hurled our way as some- erations. floor, the gentleman from Michigan body who is campaigning for office, and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (Mr. UPTON) and myself and many oth- I had three answers: The SPEAKER pro tempore (Mr. SES- ers have started a Parkinson’s task The first is that I care deeply about SIONS). The Chair will remind all Mem- force in honor of Mo Udall and others some of the issues facing our country, bers not to refer to occupants of the who have suffered from this terrible as I think do all the Members of Con- gallery. disease. We hope to achieve a cure gress, whether it be education or the Mr. KOLBE. Mr. Speaker, I yield 2 within 10 years. The current director of environment or health care, and those minutes to the gentleman from Michi- the National Institutes of Health says are important to me, but they were not gan (Mr. BONIOR). that it is achievable. Last year, $100 the most important thing. Mr. BONIOR. Mr. Speaker, I thank million was authorized for Parkinson’s The second thing was that I had a my friend for yielding this time to me, disease research. We need to work to- deep commitment to public service, and I apologize for not being here in a gether to make sure this money is ap- and I was mindful of my father’s more timely manner. propriated so that we can find a cure thoughts that we do not inherit the I just want to thank the gentleman for Parkinson’s so that others will not earth from our parents, but in fact we from Arizona and my dear colleague, suffer in their final days as he did. borrow the earth from our children. the chief deputy whip, the gentleman Mr. PASTOR. Mr. Speaker, I yield And, in addition, he loved to say: from Arizona (Mr. PASTOR), for his such time as he may consume to the ‘‘Hey, America ain’t perfect, but bringing this issue of importance to us gentleman from Colorado (Mr. Udall), a we’re not done yet.’’ on the floor today. It is important be- new Member and also Mo’s son. Those sentiments also drove me. cause Mo Udall was a very special per- Mr. UDALL of Colorado. Mr. Speak- That was the second reason I ran. son, loved by virtually everybody that er, I thank the gentleman from Arizona But, ultimately, when I thought I knew that served with him in this in- for yielding me this time. I want to about it, it was something more per- stitution. begin by acknowledging that a number sonal than that. What it was was that Mr. Speaker, I had the great honor of of my family members are in the gal- my father inspired me, and he inspired working with him on the Alaska lands lery up here and on behalf of them and me by what he did and by how he car- bill. It was one of the first things that all of our family around the country, I ried himself, but he also inspired me I involved myself in when I came to the want to extend our deep appreciation because he went out every day with the Congress on the Merchant Marine Com- to a number of people. idea that he was going to inspire other mittee. He, of course, was a giant, one First let me begin by thanking the people, and that commitment on his of the giants together with his brother, entire Arizona delegation, starting part inspired me to want to emulate Stewart, in the environmental move- with Mr. KOLBE and Mr. PASTOR, and the kinds of commitments and the ment in this country, chairman of the including Mr. SALMON, Mr. HAYWORTH, kinds of things that he achieved in his Interior Committee, and it was a mag- Mr. STUMP and Mr. SHADEGG for their life. nificent effort on Alaska that will live cosponsorship of this resolution today. So, Mr. Speaker, I would ask all of us in the memory of this country for cen- I also want to thank all my father’s in this body to remember that as we turies. colleagues and now my colleagues who move ahead, and I think in the end we Mr. Speaker, he was just a joy to have come out and taken the time honor my father’s memory and we work with. today to speak during this resolution. honor his achievements by continuing The other bill I worked with him on We are very grateful for that and for to try to inspire others around us and, was the Civil Service bill in which he the memories and the stories and, of finally, by carrying that torch of civil- showed great leadership, great patience March 4, 1999 CONGRESSIONAL RECORD — HOUSE H985 with a very young Member of Congress and dignity live on in this body, and Mo Udall imparted great lessons to all of us. at that time, and his kindness, his Lord knows where the tradition will go On Vietnam, ``I am unhappy because we are humor, will always be remembered. from here. involved in this war at all. As far as I am con- I just want to say to MARK, his son, I wanted to make one point about the cerned, it is the wrong war in the wrong place and to TOM, his nephew, and to the environment, however, because, as we at the wrong time.'' On environmental steward- family how much I have been enriched all know, Mo was born in desert coun- ship, ``We hear a lot of talk about our Amer- by his presence and his life. try, but he fell in love with the snow- ican heritage and what we'll leave our children I will tell my colleagues one quick capped Alaska wilderness and its vast and grandchildren. The ancient Athenians had story, if I might, on his popularity. No- beauty that was so unlike his roots. an oath that read in part: `We will transmit this body knew him from Adam in my con- After a trip there, Mo spent a good por- city not only not less, but greater and more gressional district. In 1976, he ran for tion of his service in Congress dedi- beautiful than it was transmitted to us.' '' President, came to Michigan, was a big cated to the protection of the great Mo Udall may have lost many battles, and underdog to Jimmy Carter. The unions, Alaskan wilderness. his greatest last battle against Parkinson's heads of the unions, the head of the He was responsible for the Alaska Disease, but he was a winner for our nation auto companies, front page of the De- Native Claims Settlement Act, which and leaves a legacy of outstanding leadership, troit papers had endorsed Carter. He transferred 55 million acres of land to a model for all of us serving in Congress. Be- came into that State and taught a mes- the Alaska natives; and he was success- fore his death, Mo was honored with the Pres- sage that responded to the common in- ful in imposing a prohibition on energy idential Medal of Freedom in 1996. dividual and did very, very well. I development in the Arctic National Our country is blessed by his life, from 1922 think, if he did not win, he lost by a Wildlife Refuge. I bring this up because to 1998, and from his work on behalf of the half a percent. I think he may actually my constituent, Dr. Edgar Wayburn, environment, civil service reform, campaign fi- have won Michigan that year. But he worked with him on that. nance and myriad other initiatives to improve won my district with 62 percent, and I know my time has expired. I will people's lives. Mo Udall was a captivating indi- that is significant, because 4 years ear- submit the rest of my statement for vidual who is remembered by his engaging lier George Wallace won my district by the RECORD, but I say of Mo it was not wit, his humility, his perseverance and incom- the exact same amount. It shows, as only that he represented his area so parable accomplishment. my colleagues know, he had a way of well, he was a leader for our entire Mr. KOLBE. Mr. Speaker, I yield my- reaching people in a very special way great country. self such time as I may consume. In closing this, and ‘‘debate’’ is not with his humor, with his passion, with Morris K. UdallÐMo to everyoneÐwas a the right word for it, closing these dis- his commitment, and he will always be giant in this Congress and in all aspects of his cussions, these eulogies, these wonder- remembered in my mind as certainly life. After dedicating a lifetime to protecting our ful statements that have been made national treasures, he became one. one of the giants that ever walked into here today and before yielding back the Born in the desert country, he fell in love this well. balancing of my time, let me just say Mr. Speaker, I thank both of my col- with the snow-capped Alaska wilderness and to my colleagues that I think the leagues from Arizona, and I thank my its vast beauty that was so unlike his roots. words that have been spoken here on friend from Colorado for bringing this After a trip there, Mo Udall spent a good por- the floor give only a very partial tion of his service in Congress dedicated to today. sketch of this wonderful person who we Mr. PASTOR. Mr. Speaker, I yield 2 the protection of Alaska's great wilderness. all knew as Mo Udall because he was minutes to the gentlewoman from Cali- He was responsible for the Alaska Native such a giant there really are not fornia (Ms. PELOSI). Claims Settlement Act which transferred 55 enough colors in the palette to paint Ms. PELOSI. Mr. Speaker, I thank million acres of land to Alaska's natives and this wonderful person. the gentleman for yielding this time to he was successful in imposing a prohibition on It is hard to think what about Mo me and our colleague, the gentleman energy development in the Arctic National Udall I would want most to remember, from Arizona (Mr. KOLBE). Wildlife Refuge. whether it is his legacy of the environ- Mr. Speaker, as a representative of I am pleased to note that one of my con- ment, the courage that he had of San Francisco in the Congress, I want- stituents, 92-year-old Dr. Edgar Wayburn of speaking out on Vietnam back in the ed to speak because many of the people the Sierra Club, worked tirelessly with Chair- 1960s, what he did for Native Ameri- in our region, even though we were not man Udall to protest these lands. Mo Udall's cans. But I think I would choose to represented officially by Mo Udall in contributions to protecting our environment think of the civility that he brought to the Congress, certainly have considered and preserving the American landscape this body, Mo Udall’s sense of humor, him a leader on many of the issues of reached far beyond Arizona, and his work has his self-deprecation. He was an individ- concern to our area. He had political touched all our lives and the lives of our chil- ual who never took himself so seriously alliances with the Burton family in dren. that he lost sight of where he came San Francisco, and now that I rep- In Congress, we will continue to work to from or where he was going, and I resent San Francisco I wanted to speak honor Mo's memory and seek passage of the think that really is the legacy that all for my constituents in honoring Mo Morris K. Udall Wilderness Act to provide per- of us in this body would do well each Udall. manent protection to the Arctic National Wild- day and each week and each year to re- I think that any of us who served life Refuge. In the last Congress, this legisla- member. If we do, we will not only be with Mo would say that one of the tion had 150 cosponsors. It is the most appro- better as human beings, but this will great privileges of our political lives priate means to honor this great Congressman be a better body, and this will be a bet- was to be able to call him a colleague. and environmentalist. ter country. He served with such great intellect You might think a person would lose their Mr. Speaker, I would like to remind and, of course, humor, as we have all sense of humor after suffering defeatÐnot so my colleagues and all others who ei- heard. He was a teacher to us in many for Mo Udall. Success eluded him in his run in ther knew Mo Udall or did not know ways, as a colleague; and he was a the Presidential primaries of 1976 and in his him but loved him and know of what he teacher, of course, in his later years two runs at election for House Speaker. has done that this afternoon, in just 30 with the dignity with which he faced Mo never abandoned His humorÐif you're minutes, at 2 o’clock in the Cannon his challenge. running for leadership, ``you've got to know the Caucus Room, there will be a memorial We are very fortunate. I know that difference between a cactus and a caucus.'' service to honor him. Mo was very pleased with the gen- We are particularly fortunate to have Mo's Mr. STUMP. Mr. Speaker, in the history of tleman from Arizona (Mr. PASTOR) son, MARK, serving in Congress to carry on those who have served in the House, rel- coming to Congress to serve the great the Udall tradition with his cousin, TOM. MARK atively few names will appear to date as Mem- State of Arizona; and I also know, we has stated about his father, ``He taught me bers from the State of Arizona. Those who all know, what a thrill and what a joy that humor is essential to the workings of a have served may be few in numbers, but they it was to Mo to have his son, MARK, strong democracy. He taught me to take your have made a difference in this House and on and his nephew, TOM, serve in this Con- work seriously, but not yourself too seriously.'' behalf of our State. gress. What a perfect way for his life to I am pleased to serve with the new ``Udall Such was certainly the case of Arizona's Mo end, to see the tradition of greatness Team'' in Congress. Udall. The demeanor with which we conduct H986 CONGRESSIONAL RECORD — HOUSE March 4, 1999 our business in this House will forever be in- level of public attention to the plight of coal- Ten years later, in 1987, as his Mining Sub- fluenced by Mo. We can disagree, but Mo field citizens adversely affected by certain coal committee chairman I resurrected the issue demonstrated time and again that humor will mining practices from a local, to a truly na- and today, mining law reform legislation is insure that we do not have to be disagreeable. tional, level. being actively considered by the Congress. It is no secret that politically, Mo and I were The Congressional debates of the mid- Mo, I will do my best to use the same judg- on opposite sides of the political spectrum, but 1970's, and bills passed only to be vetoed, set ment, same humor, you would bring to the de- when it came to Arizona, we could work to- the stage for Mo Udall's introduction of H.R. 2 bate. Mo Udall, this one piece of unfinished gether as well as any two Members. His leg- on the opening day of the 95th Congress in business, once completed, is for you. acy in Arizona is really twofold. We both came 1977. God bless you, Mo Udall. from a generation that saw Arizona boom from As a newly elected Representative from Mr. KOLBE. Mr. Speaker, I yield a State of small communities in rural environ- West Virginia, I was honored to serve on the back the balance of my time, and I ment to aggressive growth in full-fledged Interior Committee at this time, at the very move the previous question on the con- urban areas. What made Arizona attractive to time when Mo Udall took the leadership reins current resolution. so many from around the country, the lifestyle of the Committee, at the very time when after The previous question was ordered. and the uniqueness and beauty of the environ- years of struggle it looked likely that a federal The concurrent resolution was agreed ment, were the focus of Mo's work in Arizona. strip mining act would pass muster. I was to. While he worked tirelessly to protect Arizona's given a great compliment when Mo Udall A motion to reconsider was laid on grandeur and protect it for future generations, chose this freshman Member from West Vir- the table. he was also instrumental in insuring that Ari- ginia to serve on the House-Senate Con- f zona had the resources she needed to sup- ference Committee on H.R. 2, and stood in GENERAL LEAVE port a growing population and economy. Pro- the Rose Garden with President Carter and tection through wilderness areas, and water Mo Udall when the bill was signed into law as Mr. KOLBE. Mr. Speaker, I ask unan- through the Central Arizona Project. Such the Surface Mining Control and Reclamation imous consent that all Members may were the dichotomies of Mo Udall. Act of 1977. have 5 legislative days in which to re- Mo earned people's respect through listen- This law has served the people of the Appa- vise and extend their remarks and in- ing, hard work, humor, and compromise. He lachian coalfields well. It has made the coal- clude extraneous material on H. Con. certainly earned mine. fields of this Nation a much better place in Res. 40, the concurrent resolution just Mr. RAHALL. Mr. Speaker, I join my col- which to live. The vast majority of the coal in- adopted. leagues today in paying tribute to Mo Udall, dustry is in compliance with the law, and The SPEAKER pro tempore. Is there and would note that two Udalls, MARK and countless acres of old abandoned coal mine objection to the request of the gen- TOM, are Members of the 106th Congress and lands have been reclaimed under the special tleman from Arizona? are carrying on the legacy set by Mo and his fund established by the act. There was no objection. Mo Udall's original insight and foresight brother Stewart. f There are those today who will speak about have proven correct and we are very much in- ADJOURNMENT TO MONDAY, Mo Udall, the gentleman from Arizona. Mo debted to him. When God made the moun- MARCH 8, 1999 Udall, the Presidential candidate. Mo Udall, tains of my home State of West Virginia, he made a special breed of people to preside the powerful chairman of the Committee on In- Mr. KOLBE. Mr. Speaker, I ask unan- over them. We are born of the mountains and terior and Insular Affairs and his vast legisla- imous consent that when the House ad- hollows of our rugged terrain. Our State motto tive accomplishments. Mo Udall, the man. journs today, it adjourn to meet at 2 I share the sentiments of my colleagues in is ``montani semper liberi''Ðmountaineers are p.m. on Monday next. always free. Although Mo Udall is from the these matters. As a freshman Member of Con- The SPEAKER pro tempore. Is there southwest, from Arizona, he understood us. gress I began serving on the Interior Commit- objection to the request of the gen- He understood the true beauty of our hills and tee in 1977, the year Mo became its chairman. tleman from Arizona? hollers. He is, in my mind, an honorary West Under Mo's leadership, the years that followed There was no objection. Virginian. And his years of diligence in not were extremely productive for the committee. f only gaining the enactment of the 1977 law, Many of Mo's legislative initiatives were en- but in pursuing its implementation, will be long HOUR OF MEETING ON TUESDAY, acted into law, such as the Alaskan Lands remembered by all West Virginians. MARCH 9, 1999 Act. Under Mo Udall's guidance the committee Now, if Mo was here, I can imagine what he Mr. KOLBE. Mr. Speaker, I ask unan- produced a legendary amount of wilderness would say. He would tell the story about a and park legislation that will stand as testi- imous consent that when the House ad- young man at a banquet. This young man was journs on Monday, March 8, 1999, it ad- mony to the will and foresight of this great getting an award and he was flustered and he man. journ to meet at 10:30 a.m. on Tuesday, said, ``I sure don't appreciate it, but I really do March 9, for morning hour debates. Others will speak to those issues. I will deserve it.'' speak to but one of Mo Udall's legislative The SPEAKER pro tempore. Is there Mo turned over responsibility on the commit- objection to the request of the gen- achievements; one that left its mark on the tee for the surface mining act to this gen- tleman from Arizona? lives of every citizen of this Nation's coalfields: tleman from West Virginia, his chairman of the There was no objection. The landmark Surface Mining Control and Subcommittee on Mining and Natural Re- f Reclamation Act of 1977. sources. As I undertake my duties in this re- Mr. Speaker, for many years leading up to gard, the words Mo spoke on the 10-year an- b 1330 the enactment of this law, the gentleman from niversary of the enactment of the 1977 law DISPENSING WITH CALENDAR Arizona saw what was occurring in the Appa- ring in my ears: ``The act was, and is, more lachian coalfields of this Nation due to unregu- WEDNESDAY BUSINESS ON than a piece of legislation. It is a vehicle of WEDNESDAY NEXT lated surface coal mining. By the 1970's, it be- hope for those who live and who will live in came increasingly clear that the proliferation of America's coalfields.'' Mo left some big shoes Mr. KOLBE. Mr. Speaker, I ask unan- acidified streams, highwalls, refuse piles, open to fill. imous consent that the business in mine shafts, and other hazards associated Mr. Speaker, I cannot conclude without order under the Calendar Wednesday with past coal mining practices could not be making note of one other mining initiative. Mo rule be dispensed with on Wednesday ignored. understood what was occurring in the coal- next. It was on February 26, 1972, that a coal fields. But he also understood the abuses that The SPEAKER pro tempore (Mr. SES- waste dam located on Buffalo Creek in Logan took place in the West, in hardock mining for SIONS). Is there objection to the request County, WV, collapsed causing a flood of truly copper, gold, silver and other such minerals of the gentleman from Arizona? horrible proportions in loss of life, injuries, under the Mining Law of 1872. There was no objection. property damage, and people left homeless. It was also in 1977 that the effort to reform f This disaster, coupled with mounting con- the Mining Law of 1872 came to a head. Mo cerns over the failure of several States to Udall, a reform supporter, however, found that RESIGNATION AS MEMBER OF properly regulate mining, ensure reclamation the press of Committee business and other COMMITTEE ON THE JUDICIARY and the development of surface coal mining in considerations would cause this particular ini- The Speaker pro tempore laid before the semiarid West for the first time raised the tiative to be shelved for the time being. the House the following resignation as March 4, 1999 CONGRESSIONAL RECORD — HOUSE H987 member of the Committee on the Judi- petitioners the relief they are entitled 1998 imports, finished products were 2,443,000 ciary: to under law, and U.S. steel companies net tons, up 41 percent from the 1,733,000 net tons imported in December 1997. Excluding HOUSE OF REPRESENTATIVES, and employees strongly oppose the semifinished, imports in 1998 were 26 percent COMMITTEE ON NATIONAL SECURITY, agreements. of U.S. apparent consumption. Washington, DC, February 25, 1999. I agree with what the petitioners said Hon. DENNIS J. HASTERT, in their February 22nd statement, that As the chart on page 3 shows, steel imports Speaker, House of Representatives, the way to help Russia is not by sac- in 1998 surged from many countries. Compar- ing fourth quarter 1998 with same period 1997, Washington, DC. rificing the jobs and property of pri- DEAR MR. SPEAKER: I hereby request a re- imports were up 141 percent from Japan; up scission of my waiver to serve on three vate sector industries and our modern 162 percent from Russia; up 102 percent from standing committees of the House and sub- world-class steel industry. Korea; up 65 percent from Brazil; and up sub- mit my withdrawal from the Judiciary Com- Mr. Speaker, I include for the stantially from many other countries, e.g., mittee effective immediately. RECORD American Iron and Steel’s Feb- Indonesia (up 553 percent), India (up 365 per- Sincerely, ruary 19th Import Release, and the cent), China (up 131 percent), South Africa STEVE BUYER, February 22nd reaction. (up 73 percent) and Australia (up 38 percent). Member of Congress. The material referred to is as follows: Comparing fourth quarter 1998 product to- The SPEAKER pro tempore. Without [News Release] tals with same period 1997: the 2,708,000 net tons for hot rolled sheet were up 112 percent, objection, the resignation is accepted. 1998 STEEL IMPORTS OF 41.5 MILLION TONS the 1,222,000 net tons for cold rolled sheet There was no objection. HIGHEST EVER—ANNUAL TOTAL EXCEEDS were up 42 percent; the 871,000 net tons for 1997 RECORD BY ONE-THIRD 4TH QUARTER IM- f plate in coil were up 181 percent; the 706,000 PORTS UP 55 PERCENT FROM SAME PERIOD net tons for structural shapes were up 130 WE NEED AN EFFECTIVE, GLOBAL LAST YEAR SOLUTION TO ADDRESS THE percent; the 575,000 net tons for cut-to-length WASHINGTON, D.C.—In 1998, the United plate were up 180 percent; and the 523,000 net STEEL CRISIS States had the highest import tonnage ever, tons for galvanized HD sheet and strip were (Mr. QUINN asked and was given per- 41,519,000 net tons of steel mill products, up up 24 percent. mission to address the House for 1 33.3 percent from the previous record of 31,156,000 net tons imported in 1997, the In response to the December and full-year minute and to revise and extend his re- American Iron and Steel Institute (AISI) re- 1998 import data, Andrew G. Sharkey, III, marks and include extraneous matter.) ported today, based on a compilation of U.S. AISI President and CEO, said this: ‘‘In 1998, Mr. QUINN. Mr. Speaker, I rise today Department of Commerce data. The 1998 im- the U.S. had a steel crisis caused by unprece- as chairman of the Executive Commit- port tonnage was 77 percent higher than the dented levels of unfairly traded and injurious tee of the Congressional Steel Caucus annual average for imports over the previous steel imports. The factors that caused this crisis remain. The December level itself is to ask the House to direct our atten- eight years. Total imports in 1998 accounted for 30 percent of apparent consumption, up too high to avoid sustained injury to U.S. tion at the ongoing steel crisis in the steel companies, employees and commu- United States. Because the U.S. re- from 24 percent in the same period of 1997. Fourth quarter imports in 1998, at 11,002,000 nities. Any December decline can be directly mains the world’s steel dumping net tons, were 55 percent greater than the tied to the pending trade litigation on a sin- ground, we need an effective global so- 7,080,000 net tons imported in the fourth gle product category; hot rolled carbon steel, lution now to address the serious in- quarter of 1997. from three countries—Japan, Russia and jury being done to America’s steel The U.S. imported 2,861,000 net tons in De- Brazil. America’s current steel import prob- companies, our employees, and our cember 1998, up 35.6 percent from the 2,110,000 lem is global. The U.S. steel import crisis continues.’’ communities. net tons imported in December 1997. Decem- Unfortunately, the administration’s ber 1998 imported accounted for 29.0 percent Total 1998 exports of 5,519,000 net tons were of apparent consumption, up from 20.6 per- 9 percent lower than the 6,036,000 net tons ex- recent announcements of tentative cent a year earlier. ported in 1997. The U.S. exported 366,000 net steel agreements with Russia go in ex- With respect to finished steel imports, 1998 tons of steel mill products in December 1998, actly the opposite direction of what is was also a record. The total for the year was down 29 percent from the 512,000 net tons ex- required. These agreements deny the 34,744,000 net tons. Of the total December ported in December 1997. U.S. IMPORTS OF STEEL MILL PRODUCTS—BY COUNTRY OF ORIGIN [Thousands of net tons]

12/98 vs 12/97 % Dec 1998 Nov 1998 Dec 1997 change 12 Mos 1998 12 Mos 1997 Ytd % change

European Union ...... 540 656 481 12 7214 7,482 ¥4 Japan ...... 436 828 199 119 6728 2,554 163 Canada ...... 341 381 380 ¥10 4914 4,775 3 Brazil ...... 252 297 185 36 2729 2,851 ¥4 Mexico ...... 250 207 133 88 3167 3,312 ¥4 Korea ...... 239 327 136 76 3430 1,638 109 Russia ...... 167 738 133 26 5274 3,319 59 China ...... 66 61 41 61 632 477 32 Australia ...... 54 58 80 ¥33 951 439 117 South Africa ...... 43 54 19 126 649 315 106 Indonesia ...... 42 37 19 121 542 91 496 Turkey ...... 40 53 57 ¥30 527 614 ¥14 India ...... 31 2 3 933 377 194 94 Ukraine ...... 24 68 70 ¥66 882 581 52 Others ...... 336 264 174 93 3504 2515 39 Total ...... 2861 4031 2110 36 41,520 31,157 33

dumping case and to limit other steel ex- 4th Qtr. 4th Qtr. 4Q 1998 vs 4th Qtr. 4th Qtr. 4Q 1998 vs 1998 1997 4Q 1997 % 1998 1997 4Q 1997 % ports to the U.S. change change Suspension agreement Japan ...... 2146 890 141 Total ...... 11002 7,080 55 We continue to oppose a suspension agree- European ...... 1883 1,752 7 ment. It is contrary to applicable laws and is Union ...... RUSSIAN AGREEMENTS ON STEEL EXPORTS TO inconsistent with the Administration’s own Russia ...... 1508 576 162 U.S. Canada ...... 1132 1,156 ¥2 recent critical circumstances finding. Fur- Korea ...... 859 426 102 Washington, D.C., February 22, 1999. Beth- ther, it is contrary to the plan to respond to Brazil ...... 738 447 65 lehem Steel Corporation, U.S. Steel Group, a steel imports which the President submitted Mexico ...... 626 646 ¥3 unit of USX Corporation, LTV Steel Com- to the Congress in January. Australia ...... 247 179 38 pany, Ispat/Inland Inc., National Steel Corp., While we welcome the extremely high pre- China ...... 210 91 131 Indonesia ...... 196 30 553 Weirton Steel, Gulf States Steel, Inc., Ipsco liminary margins ranging from 71 to 218% South ...... 157 91 73 Steel Inc., Gallatin Steel, Steel Dynamics, found by the Department in its investiga- Africa ...... and the Independent Steel Workers Union tion, we deeply regret that the Department Ukraine ...... 155 164 ¥5 made the following statement in response to does not want to allow this prescribed rem- Turkey ...... 110 178 ¥38 the announcement that the Administration India ...... 79 17 365 edy to go into effect. Others ...... 956 437 119 has reached agreements with the Russian Imports of Russian hot-rolled have in- government to settle the hot-rolled steel creased 700% from 508,000 metric tons in 1995 H988 CONGRESSIONAL RECORD — HOUSE March 4, 1999 to 3,468,000 metric tons in 1998, and they have woman from the District of Columbia new spending. Instead, I am advocating been sold at dumped prices substantially (Ms. NORTON) is recognized for 5 min- that we adopt a commonsense proposal below the cost to produce them. This has utes. that will level the playing field for our caused serious injury to the American steel (Ms. NORTON addressed the House. rural communities by offering a basic industry and the loss of thousands of steel- worker jobs. Her remarks will appear hereafter in tax credit for a new or existing rural The suspension agreement will authorize the Extensions of Remarks.) business when it creates a job for rural Russia to continue to dump steel in America, f workers. which will continue to cause serious injury It is that simple. No mountains of pa- INTRODUCTION OF THE RURAL to our industry. The tons of unfairly traded perwork to fill out, no layer upon layer ECONOMIC DEVELOPMENT AND steel that the Administration is going to of government bureaucracy to work OPPORTUNITIES ACT OF 1999 allow Russia, at 750,000 metric tons per year, through. Local governments and devel- will still allow Russia to be the largest sin- The SPEAKER pro tempore. Under a opment authorities will have all the gle supplier to the U.S. market. The pricing previous order of the House, the gen- level given to the Russians of $255 per metric flexibility they need to develop a local ton will both allow continued dumping and tleman from North Carolina (Mr. or regional strategy. In fact, this is not allow inefficient Russian producers to under- HAYES) is recognized for 5 minutes. a giveaway program that will allow cut and damage efficient U.S. producers. Mr. HAYES. Mr. Speaker, I rise rural communities to relax. That is a We have consistently requested the Admin- today to announce that I will introduce basic tax credit that gives our rural istration to permit our laws to be enforced legislation to address a problem that is communities a better opportunity to as Congress intended, but by entering this hurting much of rural America, a stag- increase local economic development Agreement our rights have been taken away nant economy and the declining num- from us. and job opportunities. We regret this development and will work ber of job opportunities. When we measure our nation’s eco- to convince the Administration that the pro- Mr. Speaker, if we read the news- nomic health, we have to look just as posed agreement is not in the best interest of papers inside the Beltway, we will closely at Main Street as we do at Wall the nation or our industry. We are also re- think that all Americans are experi- Street. Mr. Speaker, I am proud to questing Congress to have a prompt hearing encing the best economic times of their offer the Rural Economic Development about this matter. If the Administration pro- lives. While our economy is indeed and Opportunities Act of 1999. I hope ceeds with this agreement, we will take ap- strong, we have to realize that there is that my colleagues on both sides of the propriate legal action. a significant number of Americans, Comprehensive steel agreement with Russia aisle will join me in supporting this rural Americans, who are struggling bill. We also oppose the comprehensive steel economically because the job base in f agreement negotiated with the Russians. We their hometown is drying up. would support such an agreement only if it is According to a study by the Aspen The SPEAKER pro tempore. Under a a part of a global solution to the serious in- previous order of the House, the gentle- jury being caused by unfairly traded steel. Institute, many of our rural economies are suffering because of declining sales woman from Texas (Ms. JACKSON-LEE) Any agreement with Russia must be a part of is recognized for 5 minutes. an Administration initiated and supported in their natural resources market and § 201 action on all steel products which will intense international competition in (Ms. JACKSON-LEE of Texas ad- result in global quantitative restrictions, the manufacturing sector. dressed the House. Her remarks will minimum prices, an adequate enforcement Just like many industries across the appear hereafter in the Extensions of mechanism, and a moratorium on further Nation, businesses in our small towns Remarks.) shipments until the inventory of dumped are being forced to downsize operations f steel has been cleared. While all the details of the Russian agree- while demanding more from fewer em- The SPEAKER pro tempore. Under a ment are not available, we are disappointed ployees. The growth in metropolitan previous order of the House, the gen- that they will be permitted to ship at a rate areas is quickly absorbing displaced tleman from Virginia (Mr. WOLF) is well above the 1996 precrisis level. workers there, but workers in smaller, recognized for 5 minutes. We do have concern over the serious eco- remote communities are at a great dis- (Mr. WOLF addressed the House. His nomic problems facing Russia, but to the ex- advantage because economic develop- remarks will appear hereafter in the tent the United States provides financial and ment is virtually stagnant. In fact, a Extensions of Remarks.) other aid, surely we should do this in behalf of the United States from the Federal Treas- growing number of rural workers are f ury and not by sacrificing the jobs and prop- forced to commute long distances or actually relocate their families in INCREASED FUNDS FOR PELL erty of a specific private industry sector GRANTS IN THE NATIONAL IN- such as our modern and world class Amer- order to find work in these metropoli- ican steel industry. tan areas. TEREST We will continue to work closely with the In the region around my home dis- The SPEAKER pro tempore. Under a Administration and the Congress to stop the trict, the Eighth District of North previous order of the House, the gen- serious injury being caused to our industry Carolina, the Charlotte area has more tleman from Massachusetts (Mr. and to restore fair trade in steel. For Media Contact: Bethlehem Steel Cor- jobs than workers. Each day more than MCGOVERN) is recognized for 5 minutes. poration, Bette Kovach (610) 694–6308; U.S. 100,000 commuters, 25 percent of the Mr. MCGOVERN. Mr. Speaker, I rise Steel Group, USX Corporation, Tom Ferrall area’s work force, leave their local today to speak about a critical na- (412) 433–6899; Ispat/Inland Inc., John Nielsen economy to go to work in Charlotte. tional issue, one that affects our na- (219) 399–6631; LTV Steel Company, Mark Obviously, this trend hurts our rural tional security, our future economic Tomasch (216) 622–4635; National Steel Cor- communities, and it adds to the many prosperity, and the position of the poration, Clarence Ehlers (219) 273–7327; Inde- problems our metropolitan areas suffer United States as a world leader. I pendent Steel Workers Union, Mark Glyptis speak, of course, about the education (304) 748–8080; Weirton Steel, Greg Warren with traffic congestion and excessive (304) 797–2828; Gulf States Steel, Inc., John growth. of our children and their ability to af- Duncan (256) 543–6100; Ipsco Steel, Inc., Anne In the Charlotte area, the unemploy- ford a college education. Parker (306) 924–7390; and Gallatin Steel, Ed ment rate is a meager 2.3 percent. Just Since the late 1970s, Federal grant as- Puisis (606) 567–3103. two counties to the east, however, sistance to students pursuing their f Anson County has an unemployment education after high school has de- rate of 8 percent, Scotland County 8 clined dramatically. One of the most SPECIAL ORDERS percent, and Richmond County over 8 significant measures of this decline is The SPEAKER pro tempore. Under percent. We can either address this what has happened to the value of the the Speaker’s announced policy of Jan- problem, or we can sit idly by while it Federal Pell Grant. uary 6, 1999, and under a previous order gets worse. The Pell Grant program is the larg- of the House, the following Members That is why, Mr. Speaker, I am intro- est need-related Federal grant program will be recognized for 5 minutes each. ducing the Rural Economic Develop- for students pursuing a higher edu- f ment and Opportunities Act of 1999. cation. It is considered the foundation The SPEAKER pro tempore. Under a What I am proposing is not a complex program for Federal student aid. It previous order of the House, the gentle- package of government programs and helps students from families of modest March 4, 1999 CONGRESSIONAL RECORD — HOUSE H989 income who would not otherwise be fi- I know many of my colleagues will no matter how poor, how hopeless, or nancially able to handle the costs of a say that we are asking for too much, how downtrodden. college education or special career or that this is too expensive a propo- For nearly 30 years Pell Grants have technical training program. sition. Indeed, it will require about $11 been the key that have unlocked the Created in 1972, the Pell Grant origi- billion more than what is currently in American dream. For millions of nally provided significant financial the President’s budget for Pell Grants. American students who had the talent, support to students. In the 1976–1977 But I would say to my colleagues had the desire, but lacked the funds, school year, the maximum Pell Grant that education must be the Nation’s the Pell Grant made the difference be- award covered 35 percent of the average number one priority. The future of our tween college and a dead end job. annual cost of attending a 4-year pri- economy rests on the higher education In the last decade, the cost for col- vate institution, and 72 percent of the of our children, the future of our na- lege has increased at rates of 5 to 8 per- average cost of a 4-year public institu- tional security rests on the higher edu- cent, outpacing inflation and putting a tion. cation of our children, and the future college education further out of reach Today, Mr. Speaker, in spite of Presi- of our communities rests on the higher for those who can least afford it. Until dent Clinton’s efforts over the past 3 education of our children, all of our recently, the size of the maximum Pell years to boost the purchasing power of children. Grant stayed the same. the Pell Grant, and the President de- If we can find money in the budget to Two years ago, many of my col- serves much credit for these efforts, build Star Wars, then we can find the leagues and I, along with the Presi- but in spite of all of this, the maximum money to make stars out of our chil- dent, fought for and won the largest in- Pell Grant now pays for only one-third dren, and to make sure that everyone crease in the Pell Grant in 20 years. of the average cost of a public 4-year with the ability to go to college can af- That brought the maximum Pell Grant college, and barely one-seventh of the ford to go to college. If we can give bil- up from $2,700 to $3,000. cost of a private college. lion dollar corporations special tax Mr. Speaker, we can even do better. This sad state of affairs came about breaks, then we can certainly make Today’s Pell Grant provides only 35 from cutbacks in Federal funding dur- sure that every student who has the percent of the average cost of a 4-year ing a period of escalating college costs ability to go to college gets a financial State college. Too few families today and tuition increases among most of break to pay for college. If we can can afford to write a check for $10,000 the Nation’s public and private col- spend billions of dollars each year to to cover tuition for State schools, and leges. I firmly believe that higher edu- for so many families, private education cation institutions must rein in the design new nuclear weapons and new ways to make nuclear war, then we can is out of the question. cost of college tuition, but I am equal- Mr. Speaker, I remember growing up find the money we need to increase the ly as firm in my belief that the Federal in rural Alabama in the forties and fif- funding for Pell Grants. Government must and has to restore ties. My family could never have af- I say to my colleagues, this is an the value of the Federal Pell grant. forded the college tuition at Harvard, issue of national priorities and of na- That is why I am proud to join with Yale, or even the University of Geor- tional interest. I urge my colleagues to my colleagues, the gentleman from gia. For so many of us, college was a join the gentleman from Vermont (Mr. Vermont (Mr. SANDERS) and the gen- distant dream, a pipe dream. Without SANDERS) and the gentleman from tleman from Georgia (Mr. LEWIS) to in- the help of financial aid or work study, Georgia (Mr. LEWIS) and I and cospon- troduce H.R. 959, the Affordable Edu- we could never have afforded to go to sor H.R. 959, and restore the power of cation through Pell Grants Act of 1999. college. the Pell Grant program. This bill does one thing and one We have come a long way in opening thing only: It raises the maximum Pell f the doors of college for all Americans, Grant award level to $6,500 for the aca- The SPEAKER pro tempore. Under a but we can do better. We can do more. demic year 2000 to 2001. This simple ac- previous order of the House, the gen- For this reason, I am joining my col- tion would restore the value of the Pell tleman from Illinois (Mr. SHIMKUS) is league, the gentleman from Massachu- Grant as originally conceived. It is recognized for 5 minutes. setts (Mr. MCGOVERN) and the gen- twice the amount of the maximum Pell (Mr. SHIMKUS addressed the House. tleman from Vermont (Mr. SANDERS) in Grant award proposed by President His remarks will appear hereafter in sponsoring legislation that will raise Clinton, and it is the level of funding the Extensions of Remarks.) the maximum authorized Pell Grant to where the Pell Grant is meant to be. a level that reflects the rising cost of By raising the maximum award level f college. to $6,500, we restore the purchasing IN SUPPORT OF AN INCREASE IN I ask all of my colleagues to join me power of every Pell Grant awarded to THE FEDERAL PELL GRANT and my colleagues, the gentleman from financially needy students, and we in- PROGRAM Massachusetts (Mr. MCGOVERN) and the crease the eligibility pool for Pell gentleman from Vermont (Mr. SAND- Grants. This has an important impact The SPEAKER pro tempore. Under a ERS), in making education a priority, on middle-income families who face the previous order of the House, the gen- and to ensure that in the days of eco- financial burden of having more than tleman from Georgia (Mr. LEWIS) is nomic prosperity, no one but no one is one child in college at the same time. recognized for 5 minutes. Over the past 2 years, I have met Mr. LEWIS of Georgia. Mr. Speaker, left out or left behind. many students from the Third Congres- we are a rich and powerful Nation in f sional District of Massachusetts who the midst of strong economic growth. The SPEAKER pro tempore. Under a would not have gone to college, who As we approach the 21st century, we previous order of the House, the gen- would not have gone to the college of must ask ourselves, what is our next tleman from Minnesota (Mr. GUT- their choice, without the Federal Pell greatest challenge? How will we target KNECHT) is recognized for 5 minutes. Grant program. our investments to become stronger as (Mr. GUTKNECHT addressed the Bethany English, who has now grad- a Nation and as a people? House. His remarks will appear here- uated from Assumption College in I have always said, and I will con- after in the Extensions of Remarks.) Worcester, Massachusetts, has stood tinue to say, Mr. Speaker, that there is f alongside me on presentations on the no greater challenge and nothing that b 1345 importance of Pell Grants. Jamie is more important than the education Hoag, from a working class family in of our next generation. We do not have CONGRESS MUST DOUBLE PELL Fall River, Massachusetts, was able to a person to waste. Every student in GRANT FUNDING graduate from Holy Cross College in this Nation who wants to go to college, The SPEAKER pro tempore. Under a Worcester because he received a Pell no matter how rich or poor, should previous order of the House, the gen- Grant. It is for these young people, and have the opportunity to go. Education tleman from Vermont (Mr. SANDERS) is all the students like them, that I urge is a great equalizer. A good education recognized for 5 minutes. my colleagues to restore the value of can shine the light of hope and oppor- Mr. SANDERS. Mr. Speaker, I am the Pell Grant. tunity in every corner of our Nation, very happy to join with the gentleman H990 CONGRESSIONAL RECORD — HOUSE March 4, 1999 from Massachusetts (Mr. MCGOVERN) LEWIS) and I would like to do is to dou- called, but increasingly frequent de- and the gentleman from Georgia (Mr. ble the amount of money we are spend- ployments have placed a new strain on LEWIS) on this extremely important ing on Pell Grants. reserve-employer relations. Most busi- piece of legislation. Some people may say doubling that nesses are fully supportive of the mili- In my State of Vermont, and I be- is a lot of money, $7.5 billion a year tary obligations of their employees, lieve all over this country, one of the more. That is three B–2 bombers. There but even the most enthusiastic civilian great concerns that the middle class are people in both the Democratic and employers are hard hit when their staff has is the high cost of college edu- Republican parties who want to in- is sent overseas for months at a time, cation. Everybody knows that in order crease military spending by well over only to have the person return home for our young people to earn a decent $100 billion in the next 6 years. We and be called up again. living, it is increasingly imperative give, as a Nation, $125 billion a year in Evidence from the National Commit- that they have a college degree. And, corporate welfare to large corporations tee for Employer Support of the Guard at the same time, everybody also who do not need that money. There are and Reserve suggests that the strain is knows that the cost of a college edu- people on the floor of this House now increasing, resulting in a greater num- cation is soaring. It is soaring in the who are saying Bill Gates needs a tax ber of inquiries on the rights and re- State of Vermont. It is soaring all over break. Billionaires need a tax break. sponsibilities of employers. the United States of America. Mr. Speaker, if we can spend billions Research by the Air Force Reserve So we have folks in the middle class on corporate welfare, billions on waste- has also demonstrated that the prob- who are working longer and longer ful military spending, billions on tax lem is growing. While only 3.5 percent hours to keep their heads above water, breaks for those who do not need it, we of Air Force reservists indicated ‘‘seri- and then they look at what the local can certainly afford $7.5 billion a year ous’’ employer support problems, an- college or the good colleges in this more for the working families of this other 31 percent reported some degree country are asking and they say, ‘‘How country so that we can move toward of problems with employers. Of these reservists, 10 percent are considering am I, who makes $20,000 to $25,000, or that day when every person in this leaving because of employer support $30,000 a year, or $40,000 a year, going country, young, middle-aged, old, will problems. But the true magnitude of to be able to afford to send my kid to be able to get the higher education the problem is likely greatly under- college, when the best schools in this they need. stated as there is no comprehensive country now cost over $30,000 a year This is a smart investment for Amer- survey that is used to consistently and many cost $15,000, $20,000 or ica. I congratulate the gentleman from evaluate reserve-employer relation- $25,000?’’ Massachusetts and the gentleman from And what happens if they have two ships. Georgia for their work on this, and I Now, the expense to small businesses kids or three kids? How can they afford will do my best to see that it passes. of doing without a valued employee, or to send their kids to college? f The answer is, it is increasingly dif- hiring and training a temporary re- ficult for those families. So we have The SPEAKER pro tempore. Under a placement, is significant and the loss the outrage that all over this country previous order of the House, the gen- of productivity is equally difficult. Mr. Speaker, this legislation, H.R. millions of young people are unable to tleman from Pennsylvania (Mr. 803, would provide employers with a go to college, or are unable to go to the ENGLISH) is recognized for 5 minutes. tax credit to compensate for employee college of their choice, because they (Mr. ENGLISH addressed the House. His remarks will appear hereafter in participation in the individual ready cannot afford it. reserves. Specifically, the legislation Mr. Speaker, this is absurd. It is not the Extensions of Remarks.) provides a credit equal to 50 percent of only unfair to the young person. It is f the amount of compensation that unfair to the family. It is unfair to this SUPPORT THE READY CREDIT would have been paid to an employee Nation. during the time that that employee What an absurd policy it is that we The SPEAKER pro tempore. Under a participates in contingency operations waste the human intellectual potential previous order of the House, the gen- tleman from Washington (Mr. supporting missions in Bosnia and of millions and millions of people who Southwest Asia. NETHERCUTT) is recognized for 5 min- want a higher education. How absurd it The total allowable credit for each utes. is that in the global economy we throw individual employee may not exceed Mr. NETHERCUTT. Mr. Speaker, I in the towel to competitive nations and $2,000, or a maximum of $7,500 for all rise today to address the needs of small say we are not going to have the most employees. The legislation also extends competitive, best-educated workforce businesses who employ America’s dedi- the credit for self-employed individ- in the world. cated Air and Army National Guard uals. The credit would offset at least What kind of stupidity is that? What Reservists. Mounting numbers of con- some of the expense that reserve em- kind of an absurd sense of national pri- tingency operations have pulled ever ployers face and reduce tensions with orities is it that says that we can af- greater numbers of reservists out of employees. ford to spend huge sums of money on the private sector and into full-time Now, this legislation is only one step B–2 bombers, that we can give tax military service. I have introduced leg- towards resolving a complex problem. breaks to billionaires, but we are not islation, which is numbered H.R. 803, to It does not address the serious needs of going to help the working families and cushion the blow of these reserve call- public sector employees who can be im- the middle class of this country be able ups on small businesses. pacted by contingencies as much as to afford to send their kids to college? The end strength of our Armed businesses. More important, it does not Now, I know that many of the people Forces has fallen by more than 1 mil- address the high operations tempo that in the Congress understand that in lion personnel since 1988, even as mili- is exacerbating reserve-employer rela- countries throughout the world, in tary contingency operations have in- tions and driving personnel out of the Great Britain, in Scandinavia, in Ger- creased to historically high levels. We reserves. But I do think this bill is many, in France, the cost of a college have only been able to sustain this op- timely for it addresses two of the most education is not $30,000 a year, it is not erations tempo because of an increas- pressing issues of the 106th Congress: $20,000 a year, it is not $10,000 a year. In ingly heavy reliance on reservists. taxes and military readiness. many cases, it is zero, because those Total so-called ‘‘man days’’ contrib- Mr. Speaker, as Congress discusses countries understand that it is a very uted by reservists have nearly tripled proposals to reduce the tax burden on wise investment to make sure that as since 1992, to over 13 million days. Americans, we must give serious many of their young people as possible Without the services of these citizen thought to small businesses who have can get a college education. We should soldiers, we would need an additional lost valued employees to overseas mili- learn something from that. force of nearly 50,000 soldiers to main- tary operations. As we discuss pay and Mr. Speaker, what the gentleman tain overseas commitments. benefit packages for the active duty from Massachusetts (Mr. MCGOVERN) Mr. Speaker, reservists are willing to military, we must not forget the citi- and the gentleman from Georgia (Mr. do their duty and serve when they are zen soldiers who are the backbone of March 4, 1999 CONGRESSIONAL RECORD — HOUSE H991 our Armed Forces and whose service is the politicians to have so little respect like to encourage him to continue on increasingly putting pressure on their for the working man’s labor that Wash- this path, especially if he accepts the full-time civilian employer. ington takes between one-fourth and view that Washington can still afford Mr. Speaker, I encourage my col- one-third out of the middle-class fami- to cut spending, cut taxes, and make leagues to join me in making the ly’s paycheck just to pay Uncle Sam. good on his promise that the ‘‘end of Ready Credit, which is the name on So, Mr. Speaker, that still leaves us Big Government is over.’’ this bill, a reality by cosponsoring H.R. with the question, how did we go from f 803. $200 billion deficits as far as the eye b 1400 f can see 21⁄2 years ago to the budget sur- plus that we now enjoy? RULES OF THE COMMITTEE ON WHO GETS THE CREDIT FOR THE It is true that there have been some INTERNATIONAL RELATIONS FOR BUDGET SURPLUS? reductions in spending, but almost all THE 106TH CONGRESS The SPEAKER pro tempore. Under a of them have come out of the one place The SPEAKER pro tempore. Under a previous order of the House, the gen- it should not have come: from the Pen- previous order of the House, the gen- tleman from Colorado (Mr. SCHAFFER) tagon. Defense spending is dangerously tleman from New York (Mr. GILMAN) is is recognized for 5 minutes. low, and our military forces are not recognized for 5 minutes. Mr. SCHAFFER. Mr. Speaker, last what they should be. But liberals, in Mr. GILMAN. Mr. Speaker, in accordance year, the Treasury Department an- their boundless faith in human nature, with clause 2(a) of Rule XI of the Rules of the nounced that the Federal budget was in ignore history and simply do not be- House of Representatives, I submit for printing surplus for the first time since 1969. lieve in the fundamental precept of in the CONGRESSIONAL RECORD the Rules of Only 3 short years ago, the President ‘‘peace through strength.’’ the Committee on International Relations for had submitted a budget with $200 bil- As for other spending, Republicans the 106th Congress. lion deficits as far as the eye could see, did manage to limit the number of new RULES OF THE COMMITTEE ON INTERNATIONAL as many will recall. spending initiatives of President Clin- RELATIONS, 106TH CONGRESS What happened? ton and the Democrats over the past (Adopted January 19, 1999) There are a lot of Americans who do few years. But the primary reason that RULE 1. GENERAL PROVISIONS not care much who gets the credit for the budget is in surplus today is that The Rules of the House of Representatives, the current fine state of our economy revenues are way, way up. and in particular, the committee rules enu- and then tend to take the President at Liberals will point to the President’s merated in clause 2 of Rule XI, are the rules his word when he takes the credit for 1993 tax increase as to the reason why of the Committee on International Relations (hereafter referred to as the ‘‘Committee’’), the budget surplus we have at last revenues are up, hoping that we will to the extent applicable. A motion to recess achieved. But it is important to under- not examine the budget tables to see if, from day to day, and a motion to dispense stand how we got here so that we may in fact, it is true. Revenues are up pri- with the first reading (in full) of a bill or res- continue to a path of sound economic marily from the number of people who olution, if printed copies are available, is a policy in the future. are taking advantage of low tax rates privileged non-debatable motion in Commit- When the country was faced with on capital gains, the part of the econ- tee. large, chronic deficits in the beginning The Chairman of the Committee on Inter- omy that is the lifeblood of our dy- national Relations (hereinafter referred to as of the 1990s, Congress faced a choice. namic and growing economy. the ‘‘Chairman’’) shall consult the Ranking To cut the deficit, lawmakers essen- President Reagan cut the tax on cap- Minority Member to the extent possible with tially had two choices: cut spending or ital gains, and the Republicans cut it respect to the business of the Committee. raise taxes. President Clinton and his again last year. Savers, investors, en- Each subcommittee of the Committee is a liberal allies in the Congress naturally trepreneurs and other job creators are part of the Committee and is subject to the chose to raise taxes. Congress at the taking advantage of such liberty. The authority and direction of the Committee, and to its rules to the extent applicable. time was still under the control of the economy is benefitting from that, jobs RULE 2. DATE OF MEETING Democrats, and so President Clinton are being created, and revenues have The regular meeting date of the Commit- was able to pass the largest tax in- soared. That is the primary reason the tee shall be the first Tuesday of every month crease in our history. budget is now in surplus, when it was when the House of Representatives is in ses- Republicans, on the other hand, deep in the red just a few years ago. sion pursuant to clause 2(b) of Rule XI of the wanted to reduce the deficit by cutting I would invite any of my Democratic House of Representatives. Additional meet- spending. Republicans believed govern- colleagues who dispute these findings ings may be called by the Chairman as he ment is too big, way too big, and they to come forward and show me other- may deem necessary or at the request of a believe Washington wastes too much of wise. Perhaps the liberals have access majority of the Members of the Committee our money. One would think this is an to another set of government docu- in accordance with clause 2(c) of Rule XI of the House of Representatives. obvious point. After all, even the Presi- ments with different statistics. But if The determination of the business to be dent himself declared in his 1996 State they use the same Treasury figures considered at each meeting shall be made by of the Union address that ‘‘the era of that I do, they will have to admit that the Chairman subject to clause 2(c) of Rule Big Government is over.’’ Oh, if that the Reagan tax cuts and the Repub- XI of the House of Representatives. were only true. lican tax cuts are the most significant A regularly scheduled meeting need not be Mr. Speaker, we can see now that held if, in the judgment of the Chairman, reason behind our current economic there is no business to be considered. this declaration was nothing more than boom. RULE 3. QUORUM hollow words. Big Government is alive With all due credit to Alan For purposes of taking testimony and re- and well and bigger than ever. In fact, Greenspan, chairman of the Federal ceiving evidence, two Members shall con- the Democrats have come back with Reserve, for his outstanding steward- stitute a quorum. still more ways to increase the size and ship of monetary policy, we should One-third of the Members of the Commit- power of government every year since, mostly thank President Reagan for tee shall constitute a quorum for taking any including this year. turning around an economy that was in action, except: (1) reporting a measure or And while we can say that govern- the ditch. We are still benefitting from recommendation, (2) closing Committee ment is slightly smaller now than it his decision to make the United States meetings and hearings to the public, (3) au- thorizing the issuance of subpoenas, and (4) would be had Republicans not taken a low-tax, low-regulation economy and any other action for which an actual major- control of the Congress in 1995, the thus able to compete in the world bet- ity quorum is required by any rule of the truth is that government continues to ter than any other. House of Representatives or by law. grow. Any attempts to cut govern- The Republicans forced President No measure or recommendation shall be ment, no matter how wasteful or coun- Clinton to renounce his own budget reported to the House of Representatives un- terproductive the program, the liberals with $200 billion deficits as far as the less a majority of the Committee is actually present. immediately attack them as extreme eye can see. We are grateful that he A record vote may be demanded by one- and ‘‘mean-spirited.’’ has at last accepted the need for gov- fifth of the Members present or, in the appar- It has never occurred to them that it ernment to balance the budget and put ent absence of a quorum, by any one Mem- is perhaps mean-spirited on the part of its financial house in order. We would ber. H992 CONGRESSIONAL RECORD — HOUSE March 4, 1999

RULE 4. MEETINGS AND HEARINGS OPEN TO THE (4) The Committee or a subcommittee may Committee staff may be permitted to ques- PUBLIC be the procedure designated in this sub- tion a witness for equal specified periods ei- (a) Meetings section vote to close 1 subsequent day of ther with the concurrence of the Chairman Each meeting for the transaction of busi- hearing. and Ranking Minority Member or by motion. ness, including the markup of legislation, of (5) No congressional staff shall be present However, in no case may questioning by the Committee or a subcommittee shall be at any meeting or hearing of the Committee Committee staff proceed before each Member open to the public except when the Commit- or a subcommittee that has been closed to of the Committee who wishes to speak under tee or subcommittee, in open session and the public, and at which classified informa- the 5-minute rule has had one opportunity to with a majority present, determines by tion will be involved, unless such person is do so. record vote that all or part of the remainder authorized access to such classified informa- (b) Statements of witnesses tion in accordance with Rule 20. of the meeting on that day shall be closed to Each witness who is to appear before the the public, because disclosure of matters to RULE 5. ANNOUNCEMENT OF HEARINGS AND Committee or a subcommittee is required to be considered would endanger national secu- MARKUPS file with the clerk of the Committee, at least rity, would compromise sensitive law en- Public announcement shall be made of the two working days in advance of his or her forcement information, or would tend to de- date, place, and subject matter of any hear- appearance, sufficient copies, as determined fame, degrade or incriminate any person or ing or markup to be conducted by the Com- by the Chairman of the Committee or sub- otherwise violate any law or rule of the mittee or a subcommittee at the earliest committee, of his or her proposed testimony House of Representatives. No person other possible date, and in any event at least 1 to provide to Members and staff of the Com- than Members of the Committee and such week before the commencement of that hear- mittee or subcommittee, the news media, congressional staff and departmental rep- ing or markup unless the Committee or sub- and the general public. The witness shall resentatives as they may authorize shall be committee determines that there is good limit his or her oral presentation to a brief present at any business or markup session cause to begin that meeting at an earlier summary of his or her testimony. In the case which has been closed to the public. This date. Such determination may be made with of a witness appearing in a nongovernmental subsection does not apply to open Committee respect to any markup by the Chairman or capacity, a written statement of proposed hearings which are provided for by sub- subcommittee chairman, as appropriate. testimony shall, to the extend practicable, section (b) of this rule. Such determination may be made with re- include a curriculum vitae and a disclosure (b) Hearings spect to any hearing of the Committee or of of the amount and source (by agency and (1) Each hearing conducted by the Commit- a subcommittee by its Chairman, with the program) of any Federal grant (or subgrant tee or a subcommittee shall be open to the concurrence of its Ranking Minority Mem- thereof) or contract (or subcontract thereof) public except when the Committee or sub- ber, or by the Committee or subcommittee received during the current fiscal year or ei- committee, in open session and with a ma- by majority vote, a quorum being present for ther of the two previous fiscal years by the jority present, determines by record vote the transaction of business. witness or by an entity represented by the that all or part of the remainder of that Public announcement of all hearings and witness, to the extent that such information hearing on that day should be closed to the markups shall be published in the Daily Di- is relevant to the subject matter of, and the public because disclosure of testimony, evi- gest portion of the Congressional Record, witness’ representational capacity at, the dence or other matters to be considered and promptly entered into the committee hearing. would endanger the national security, would scheduling service of House Information Re- To the extent practicable, each witness compromise sensitive law enforcement infor- sources. Members shall be notified by the should provide the text of his or her proposed mation, or otherwise would violate any law Chief of Staff of all meeting (including testimony in machine-readable form. or rule of the House of Representatives. Not- markups and hearings) and briefings of sub- The Committee or subcommittee shall no- withstanding the preceding sentence, a ma- committees and of the full Committee. tify Members at least two working days in jority of those present, there being in at- The agenda for each Committee and sub- advance of a hearing of the availability of tendance the requisite number required committee meeting, setting out all items of testimony submitted by witnesses. under the rules of the Committee to be business to be considered, including a copy of The requirements of this subsection or any present for the purpose of taking any bill or other document scheduled for part thereof may be waived by the Chairman testimony— markup, shall be furnished to each Commit- or Ranking Minority Member of the Com- (A) may vote to close the hearing for the tee or subcommittee Member by delivery to mittee or subcommittee, or the presiding sole purpose of discussing whether testimony the Member’s office at least 2 full calendar Member, provided that the witness or the or evidence to be received would endanger days (excluding Saturdays, Sundays, and Chairman or Ranking Minority member has the national security, would compromise legal holidays) before the meeting, whenever submitted, prior to the witness’s appearance, sensitive law enforcement information, or possible. a written explanation as to the reasons testi- mony has not been made available to the violate paragraph (2) of this subsection; or RULE 6. WITNESSES (B) may vote to close the hearing, as pro- Committee or subcommittee. In the event a (a) Interrogation of witnesses vided in paragraph (2) of this subsection. witness submits neither his or her testimony (2) Whenever it is asserted that the evi- (1) Insofar as practicable, witnesses shall at least two working days in advance of his dence or testimony at an investigatory hear- be permitted to present their oral state- or her appearance nor has a written expla- ing may tend to defame, degrade, or incrimi- ments without interruption subject to rea- nation been submitted as to prior availabil- nate any person sonable time constraints imposed by the ity, the witness shall be released from testi- (A) such testimony or evidence shall be Chairman, with questioning by the Commit- fying unless a majority of the committee or presented in executive session, notwith- tee Members taking place afterward. Mem- subcommittee votes to accept his or her tes- standing the provisions of paragraph (1) of bers should refrain from questions until such timony. this subsection, if by a majority of those statements are completed. (c) Oaths present, there being in attendance the req- (2) In recognizing Members, the Chairman shall, to the extent practicable, give pref- The Chairman, or any Member of the Com- uisite number required under the rules of the mittee designated by the Chairman, may ad- Committee to be present for the purpose of erence to the Members on the basis of their arrival at the hearing, taking into consider- minister oaths to witnesses before the Com- taking testimony, the Committee or sub- mittee. committee determines that such evidence or ation the majority and minority ratio of the testimony may tend to defame, degrade, or Members actually present. A Member desir- RULE 7. PREPARATION AND MAINTENANCE OF incriminate any person; and ing to speak or ask a question shall address COMMITTEE RECORDS (B) the Committee or subcommittee shall the Chairman and not the witness. An accurate stenographic record shall be proceed to receive such testimony in open (3) Subject to paragraph (4), each Member made of all hearings and markup sessions. session only if the Committee, a majority may interrogate the witness for 5 minutes, Members of the Committee and any witness being present, determines that such evidence the reply of the witness being included in the may examine the transcript of his or her own or testimony will not tend to defame, de- 5-minute period. After all Members have had remarks and may make any grammatical or grade, or incriminate any person. an opportunity to ask questions, the round technical changes that do not substantively (3) No Member of the House of Representa- shall begin again under the 5-minute rule. alter the record. Any such Member or wit- tives may be excluded from nonparticipatory (4) Notwithstanding paragraph (3), the ness shall return the transcript to the Com- attendance at any hearing of the Committee Chairman, with the concurrence of the mittee offices within 5 calendar days (not in- or a subcommittee unless the House of Rep- Ranking Minority Member, may permit one cluding Saturdays, Sundays, and legal holi- resentatives has by majority vote authorized or more majority members of the Committee days) after receipt of the transcript, or as the Committee or subcommittee, for pur- designated by the Chairman to question a soon thereafter as it practicable. poses of a particular series of hearings, on a witness for a specified period of not longer Any information supplied for the record at particular article of legislation or on a par- than 30 minutes. On such occasions, an equal the request of a Member of the Committee ticular subject of investigation, to close its number of minority Members of the Commit- shall be provided to the Member when re- hearings to Members by the Same procedures tee designated by the Ranking Minority ceived by the Committee. designated in this subsection for closing Member shall be permitted to question the Transcripts for hearings and markup ses- hearings to the public. same witness for the same period of time. sions (except for the record of a meeting or March 4, 1999 CONGRESSIONAL RECORD — HOUSE H993 hearing which is closed to the public) shall mittee or a subcommittee may be released to (d) The Chairman shall ensure that suffi- be printed as soon as is practicable after re- the public or filed with the Clerk of the cient staff is made available to each sub- ceipt of the corrected versions, except that House unless approved by a majority of the committee to carry out its responsibilities the Chairman may order the transcript of a Members of the Committee or subcommittee, under the rules of the Committee. The Chair- hearing to be printed without the correc- as appropriate. A proposed investigative or man shall ensure that the minority party is tions of a Member or witness if the Chairman oversight report shall be considered as read fairly treated in the appointment of such determines that such Member or witness has if it has been available to members of the staff. been afforded a reasonable time to correct Committee for at least 24 hours (excluding RULE 14. NUMBER AND JURISDICTION OF such transcript and such transcript has not Saturdays, Sundays, or legal holidays except SUBCOMMITTEES been returned within such time. when the House is in session on such a day). (a) Full committee In any case in which clause 2(l) of Rule XI The records of the Committee at the Na- The full committee will be responsible for tional Archives and Records Administration and clause 3(a)(1) of Rule XIII of the House of oversight and legislation relating to foreign shall be made available for public use in ac- Representatives does not apply, each Mem- assistance (including development assist- cordance with Rule VII of the House of Rep- ber of the Committee or subcommittee shall ance, security assistance, and Public Law 480 resentatives. The Chairman shall notify the be given an opportunity to have views or a programs abroad) or relating to the Peace Ranking Minority Member of any decision, disclaimer included as part of the material Corps; national security developments af- pursuant to clause 3(b)(3) or clause 4(b) of filed or released, as the case may be. fecting foreign policy; strategic planning and the rule, to withhold a record otherwise (c) Foreign travel reports agreements; war powers, executive agree- available, and the matter shall be presented At the same time that the report required ments, and the deployment and use of United to the Committee for a determination on the by clause 8(b)(5) of Rule X of the House of States Armed Forces; peacekeeping, peace written request of any member of the Com- Representatives, regarding foreign travel re- enforcement, and enforcement of United Na- mittee. ports, is submitted to the Chairman, Mem- tions or other international sanctions; arms The Committee shall, to the maximum ex- bers and employees of the committee shall control, disarmament and other proliferation tent feasible, make its publications available provide a report to the Chairman listing all issues; the Agency for International Develop- in electronic form. official meetings, interviews, inspection ment; oversight of State and Defense Depart- RULE 8. EXTRANEOUS MATERIAL IN COMMITTEE tours and other official functions in which ment activities involving arms transfers and HEARINGS the individual participated, by country and sales, and arms export licenses; inter- No extraneous material shall be printed in date. Under extraordinary circumstances, national law; promotion of democracy; inter- either the body or appendixes of any Com- the Chairman may waive the listing in such national law enforcement issues, including mittee or subcommittee hearing, except report of an official meeting, interview, in- terrorism and narcotics control programs matter which has been accepted for inclusion spection tour, or other official function. The and activities; and all other matters not spe- in the record during the hearing. Copies of report shall be maintained in the full com- cifically assigned to a subcommittee. The bills and other legislation under consider- mittee offices and shall be available for pub- full Committee may conduct oversight with ation and responses to written questions sub- lic inspection during normal business hours. respect to any matter within the jurisdiction mitted by Members shall not be considered RULE 12. REPORTING BILLS AND RESOLUTIONS of the Committee as defined in the Rules of extraneous material. Except in unusual circumstances, bills and the House of Representatives. Extraneous material in either the body or resolutions will not be considered by the (b) Subcommittees appendixes of any hearing to be printed Committee unless and until the appropriate There shall be five standing subcommit- which would be in excess of eight printed subcommittee has recommended the bill or tees. The names and jurisdiction of those pages (for any one submission) shall be ac- resolution for Committee action, and will subcommittees shall be as follows: companied by a written request to the Chair- not be taken to the House of Representatives 1. Functional subcommittees for action unless and until the Committee man, such written request to contain an esti- There shall be two subcommittees with has ordered reported such bill or resolution, mate in writing from the Public Printer of functional jurisdiction: the probable cost of publishing such mate- a quorum being present. Unusual cir- Subcommittee on International Economic rial. cumstances will be determined by the Chair- Policy and Trade—To deal with measures re- RULE 9. PUBLIC AVAILABILITY OF COMMITTEE man, after consultation with the Ranking lating to international economic and trade VOTES Minority Member and such other Members of policy; measures to foster commercial inter- the Committee as the Chairman deems ap- The result of each record vote in any meet- course with foreign countries; export admin- propriate. ing of the Committee shall be made available istration, international investment policy; for inspection by the public at reasonable RULE 13. STAFF SERVICES trade and economic aspects of nuclear tech- times at the Committee offices. Such result (a) The Committee staff shall be selected nology and materials, of nonproliferation shall include a description of the amend- and organized so that it can provide a com- policy, and of international communication ment, motion, order, or other proposition, prehensive range of professional services in and information policy; licenses and licens- the name of each Member voting for and the field of foreign affairs to the Committee, ing policy for the export of dual use equip- against, and the Members present but not the subcommittees, and all its Members. The ment and technology; legislation pertaining voting. staff shall include persons with training and to and oversight of the Overseas Private In- experience in international relations, mak- vestment Corporation and the Trade and De- RULE 10. PROXIES ing available to the Committee individuals velopment Agency; scientific developments Proxy voting is not permitted in the Com- with knowledge of major countries, areas, affecting foreign policy; commodity agree- mittee or in subcommittees. and U.S. overseas programs and operations. ments; international environmental policy RULE 11. REPORTS (b) Subject to clause 9 of Rule X of the and oversight of international fishing agree- (a) Reports on bills and resolutions House of Representatives, the staff of the ments; and special oversight of international Committee, except as provided in paragraph To the extent practicable, not later than 24 financial and monetary institutions, the Ex- (c), shall be appointed, and may be removed, port-Import Bank, and customs. hours before a report is to be filed with the by the Chairman with the approval of the Subcommittee on International Operations Clerk of the House on a measure that has majority of the majority Members of the and Human Rights—To deal with Depart- been ordered reported by the Committee, the Committee. Their remuneration shall be ment of State, United States Information Chairman shall make available for inspec- fixed by the Chairman and they shall work Agency, and related agency operations and tion by all Members of the Committee a copy under the general supervision and direction legislation; the diplomatic service; inter- of the draft committee report in order to af- of the Chairman. Staff assignments are to be national education and cultural affairs; for- ford Members adequate information and the authorized by the Chairman or by the Chief eign buildings; programs, activities and the opportunity to draft and file any supple- of Staff under the direction of the Chairman. operating budget of the Arms Control and mental, minority or additional views which (c) Subject to clause 9 of Rule X of the Disarmament Agency; oversight of, and leg- they may deem appropriate. House of Representatives, the staff of the islation pertaining to, the United Nations, With respect to each record vote on a mo- Committee assigned to the minority shall be its affiliated agencies, and other inter- tion to report any measure or matter of pub- appointed, their remuneration determined, national organizations, including assessed lic charter, and on any amendment offered to and may be removed, by the Ranking Minor- and voluntary contributions to such agencies the measure or matter, the total number of ity Member with the approval of the major- and organizations; parliamentary con- votes cast for and against, and the names of ity of the minority party Members of the ferences and exchanges; protection of Amer- those members voting for and against, shall Committee. No minority staff person shall be ican citizens abroad; international broad- be included in any Committee report on the compensated at a rate which exceeds that casting; international communication and measure or matter. paid his or her majority staff counterpart. information policy; the American Red Cross; (b) Prior approval of certain reports Such staff shall work under the general su- implementation of the Universal Declaration No Committee, subcommittee, or staff re- pervision and direction of the Ranking Mi- of Human Rights and other matters relating port, study, or the document which purports nority Member with the approval or con- to internationally recognized human rights; to express publicly the views, findings, con- sultation of the minority Members of the and oversight of international population clusions, or recommendations of the Com- committee. planning and child survival activities. H994 CONGRESSIONAL RECORD — HOUSE March 4, 1999 2. Regional subcommittees tees for consideration in sequence. Unless know. The decision on whether a given staff There shall be three subcommittees with otherwise directed by the Chairman, such member has a need to know will be made on regional jurisdiction: the Subcommittee on subcommittees shall act on or be discharged the following basis: the Western Hemisphere; the Subcommittee from consideration of legislation that has (a) In the case of the full Committee ma- on Africa; and the Subcommittee on Asia been approved by the subcommittee of pri- jority staff, by the Chairman, acting through and the Pacific; with responsibility for Eu- mary jurisdiction within 2 weeks of such ac- the Chief of Staff; rope and the Middle East reserved to the full tion. In referring any legislation to a sub- (b) In the case of the full Committee mi- Committee. committee, the Chairman may specify a date nority staff, by the Ranking Minority Mem- The regional subcommittees shall have ju- by which the subcommittee shall report ber of the committee, acting through the Mi- risdiction over the following within their re- thereon to the full Committee. nority Chief of Staff; spective regions: Subcommittees with regional jurisdiction (c) In the case of subcommittee majority (1) Matters affecting the political relations shall have primary jurisdiction over legisla- staff, by the Chairman of the subcommittee; (d) In the case of the subcommittee minor- between the United States and other coun- tion regarding human rights practices in ity staff, by the Ranking Minority Member tries and regions, including resolutions or particular countries. The Subcommittees on of the subcommittee. other legislative measures directed so such International Operations and Human Rights No other individuals shall be considered relations. shall have sequential jurisdiction over such authorized persons, unless so designated by (2) Legislation with respect to disaster as- legislation. The Chairman may designate a sub- the Chairman. sistance outside the Foreign Assistance Act, Designated persons.—Each Committee boundary issues, and international claims. committee chairman or other Member to take responsibility as manager of a bill or Member is permitted to designate one mem- (3) Legislation with respect to region- or ber of his or her staff as having the right of country-specific loans or other financial re- resolution during its consideration in the House of Representatives. access to information classified confidential. lations outside the Foreign Assistance Act. Such designated persons must have the prop- RULE 17. PARTY RATIOS ON SUBCOMMITTEES AND (4) Resolutions of disapproval under sec- er security clearance, have executed the oath CONFERENCE COMMITTEES tion 36(b) of the Arms Export Control Act, required by clause 13 of Rule XLIII of the with respect to foreign military sales. The majority party caucus of the Commit- House of Representatives, and have a need to (5) Legislation and oversight regarding tee shall determine an appropriate ratio of know as determined by his or her principal. human rights practices in particular coun- majority party Members for each sub- Upon request of a Committee Member in spe- tries. committee. Party representation on each cific instances, a designated person also (6) Oversight of regional lending institu- subcommittee or conference committee shall shall be permitted access to information tions. be no less favorable to the majority party classified secret which has been furnished to (7) Oversight of matters related to the re- than the ratio for the full Committee. The the Committee pursuant to section 36 of the gional activities of the United Nations, of its Chairman and the Ranking Minority Member Arms Export Control Act, as amended. Des- affiliated agencies, and of other multilateral are authorized to negotiate matters affecting ignation of a staff person shall be by letter institutions. such ratios including the size of subcommit- from the Committee Member to the Chair- (8) Identification and development of op- tees and conference committees. man. tions for meeting future problems and issues RULE 18. SUBCOMMITTEE FUNDING AND RECORDS Location.—Classified information will be relating to U.S. interests in the region. (a) Each subcommittee shall have adequate stored in secure files in the Committee (9) Base rights and other facilities access funds to discharge its responsibility for leg- rooms. All materials classified top secret agreements and regional security pacts. islation and oversight. must be stored in a Secure Compartmen- (10) Oversight of matters relating to par- (b) In order to facilitate Committee com- talized Information Facility (SCIF). liamentary conferences and exchanges in- pliance with clause 2(e)(1) of Rule XI of the Handling.—Materials classified confiden- volving the region. House of Representatives, each subcommit- tial or secret may be taken from Committee (11) Concurrent oversight jurisdiction with tee shall keep a complete record of all sub- offices to other Committee offices and hear- respect to matters assigned to the functional committee actions which shall include a ing rooms by Members of the Committee and subcommittees insofar as they may affect record of the votes on any question on which authorized Committee staff in connection the region. a record vote is demanded. The result of each with hearings and briefings of the Commit- (12) Oversight of all foreign assistance ac- record vote shall be promptly made available tee or its Subcommittees for which such in- tivities affecting the region. to the full Committee for inspection by the formation is deemed to be essential. Re- (13) Such other matters as the Chairman of public in accordance with Rule 9 of the Com- moval of such information from the Commit- the full Committee may determine. mittee. tee offices shall be only with the permission RULE 15. POWERS AND DUTIES OF (c) All subcommittee hearings, records, of the Chairman under procedures designed SUBCOMMITTEES data, charts, and files shall be kept distinct to ensure the safe handling and storage of Each subcommittee is authorized to meet, from the congressional office records of the such information at all times. Except as pro- hold hearings, receive evidence, and report Member serving as chairman of the sub- vided in this paragraph, top secret materials to the full Committee on all matters referred committee. Subcommittee records shall be may not be taken from the SCIF for any pur- to it. Subcommittee chairman shall set coordinated with the records of the full Com- pose, except that such materials may be meeting dates after consultation with the mittee, shall be the property of the House, taken to hearings and other meetings that Chairman, other subcommittee chairmen, and all Members of the House shall have ac- are being conducted at the top secret level and other appropriate Members, with a view cess thereto. when necessary. Top secret materials may towards minimizing scheduling conflicts. It RULE 19. MEETINGS OF SUBCOMMITTEE otherwise be used under conditions approved shall be the practice of the Committee of the CHAIRMEN by the Chairman. Notice.—Appropriate notice of the receipt full Committee. The Chairman shall call a meeting of the of classified documents received by the Com- In order to ensure orderly administration subcommittee chairmen on a regular basis mittee from the executive branch will be and fair assignment of hearing and meeting not less frequently than once a month. Such sent promptly to Committee Members rooms, the subject, time, and location of a meeting need not be held if there is no through the Survey of Activities or by other hearings and meetings shall be arranged in business to conduct. It shall be the practice means. advance with the Chairman through the at such meetings to review the current agen- Access.—Except as provided for above, ac- Chief of Staff of the Committee. da and activities of each of the subcommit- cess to materials classified top secret or oth- The Chairman of the full Committee shall tees. erwise restricted held by the Committee will designate a Member of the majority party on RULE 20. ACCESS TO CLASSIFIED INFORMATION each subcommittee as its vice chairman. be in the SCIF. The following procedures will Authorized persons.—In accordance with The Chairman and the Ranking Minority be observed: the stipulations of the Rules of the House of Member may attend the meetings and par- (a) Authorized or designated persons will Representatives, all Members of the House ticipate in the activities of all subcommit- be admitted to the SCIF after inquiring of who have executed the oath required by tees of which they are not members, except the Chief of Staff or an assigned staff mem- clause 13 of Rule XXIV of the House of Rep- that they may not vote or be counted for a ber. The SCIF will be open during regular resentatives shall be authorized to have ac- quorum in such subcommittees. Committee hours. cess to classified information within the pos- (b) Authorized or designated persons will RULE 16. REFERRAL OF BILLS BY CHAIRMAN session of the Committee. be required to identify themselves, to iden- In accordance with Rule 14 of the Commit- Members of the Committee staff shall be tify the documents or information they wish tee and to the extent practicable, all legisla- considered authorized to have access to clas- to view, and to sign the Classified Materials tion and other matters referred to the Com- sified information within the possession of Log, which is kept with the classified infor- mittee shall be referred by the Chairman to the Committee when they have the proper mation. a subcommittee of primary jurisdiction security clearances, when they have exe- (c) The assigned staff member will be re- within 2 weeks. In accordance with Rule 14 of cuted the oath required by clause 13 of Rule sponsible for maintaining a log which identi- the Committee, legislation may also be con- XXIV of the House of Representatives, and fies (1) authorized and designated persons currently referred to additional subcommit- when they have a demonstrable need to seeking access, (2) the classified information March 4, 1999 CONGRESSIONAL RECORD — HOUSE H995 requested, and (3) the time of arrival and de- committees or the visibility of that witness principal proponents of the major provisions parture of such persons. The assigned staff and that Member to each other. of the bill as it passed the House), who have member will also assure that the classified (e) Television cameras shall operate from actively participated in the Committee or materials are returned to the proper loca- fixed positions but shall not be placed in po- subcommittee consideration of the legisla- tion. sitions which obstruct unnecessarily the cov- tion, and who agree to attend the meetings (d) The Classified Materials log will con- erage of the hearing by the other media. of the conference. With regard to the ap- tain a statement acknowledged by the signa- (f) Equipment necessary for coverage by pointment of minority Members, the Chair- ture of the authorized or designated person the television and radio media shall not be man shall consult with the Ranking Minor- that he or she has read the Committee rules installed in, or removed from, the hearing or ity Member. and will abide by them. meeting room while the Committee or sub- RULE 24. GENERAL OVERSIGHT Divulgence.—Classified information pro- committee is in session. Not later than February 15 of the first ses- vided to the Committee by the executive (g) Floodlights, spotlights, strobe lights, sion of a Congress, the Committee shall meet branch shall be handled in accordance with and flashgun shall not be used in providing in open session, with a quorum present, to the procedures that apply within the execu- any method of coverage of the hearing or adopt its oversight plans for that Congress tive branch for the protection of such infor- meeting, except that the television media for submission to the Committee on House mation. Any classified information to which may install additional lighting in the hear- Oversight and the Committee on Govern- access has been gained through the Commit- ing room, without cost to the Government, ment Reform and Oversight, in accordance tee may not be divulged to any unauthorized in order to raise the ambient lighting level with the provisions of clause 2(d) of Rule X person. Classified material shall not be in the hearing room to the lowest level nec- of the House of Representatives. photocopied or otherwise reproduced without essary to provide adequate television cov- RULE 25. OTHER PROCEDURES AND REGULATIONS the authorization of the Chief of Staff. In no erage of the hearing or meeting at the cur- The Chairman may establish such other event shall classified information be dis- rent state of the art of television coverage. procedures and take such actions as may be cussed over a non-secure telephone. Appar- (h) In the allocation of the number of still necessary to carry out the foregoing rules or ent violations of this rule should be reported photographers permitted by the Chairman or to facilitate the effective operation of the as promptly as possible to the Chairman for subcommittee chairman in a hearing or Committee. Any additional procedures or appropriate action. meeting room, preference shall be given to regulations may be modified or rescinded in Other regulations.—The Chairman may es- photographers from Associated Press Photos, any or all particulars by a majority vote of tablish such additional regulations and pro- United Press International News pictures, the full Committee. cedures as in his judgment may be necessary and Reuters. If requests are made by more of to safeguard classified information under the the media than will be permitted by the f control of the Committee. Members of the Chairman or subcommittee chairman for 2000 CENSUS Committee will be given notice of any such coverage of the hearing or meeting by still regulations and procedures promptly. They photography, that coverage shall be made on The SPEAKER pro tempore. Under may be modified or waived in any or all par- the basis of a fair and equitable pool ar- the Speaker’s announced policy of Jan- ticulars by a majority vote of the full Com- rangement devised by the Standing Commit- uary 6, 1999, the gentleman from Texas mittee. tee of Press Photographers. (Mr. RODRIGUEZ) is recognized for 60 (i) Photographers shall not position them- RULE 21. BROADCASTING OF COMMITTEE minutes as the designee of the minor- selves, at any time during the course of the HEARINGS AND MEETINGS hearing or meeting, between the witness ity leader. All Committee and subcommittee meet- table and the Members of the Committee or Mr. RODRIGUEZ. Mr. Speaker, every ings or hearings which are open to the public its subcommittees. 10 years, we take a national census to may be covered, in whole or in part, by tele- (j) Photographers shall not place them- count the number of people in this vision broadcast, radio broadcast, and still selves in positions which obstruct unneces- country. The 1990 census was the most photography, or by any such methods of cov- sarily the coverage of the hearing by the expensive in the history of the United erage in accordance with the provisions of other media. clause 3 of House rule XI. States. It was also the worst. The 1990 (k) Personnel providing coverage by the census missed an estimated 4.7 million The Chairman or subcommittee chairman television and radio media shall be then cur- shall determine, in his or her discretion, the rently accredited to the Radio and Tele- people, 1.58 percent of the total popu- number of television and still cameras per- vision Correspondents’ Galleries. lation. mitted in a hearing or meeting room, but (l) Personnel providing coverage by still Some undercount is expected. What shall not limit the number of television or photography shall be then currently accred- makes it wrong is the undercount of still cameras to fewer than two representa- ited to the Press Photographers’ Gallery minorities and the inner city popu- tives from each medium. Committee of press Photographers. lation is way out of proportion to the Such coverage shall be in accordance with (m) Personnel providing coverage by the national average. the following requirements contained in Sec- television and radio media and by still pho- tion 116(b) of the Legislative Reorganization For minorities, the undercount was tography shall conduct themselves and their nearly tripled. The census missed 4.4 Act of 1970, and clause 4 of Rule XI of the coverage activities in an orderly and unob- Rules of the House of Representatives: trusive manner. percent of the African-American popu- (a) If the television or radio coverage of lation and 4.9 percent of the Hispanic RULE 22. SUBPOENA POWERS the hearing or meeting is to be presented to population. Those individuals that A subpoena may be authorized and issued the public as live coverage, that coverage were missed were also poor. We need to shall be conducted and presented without by the Chairman, in accordance with clause 2(m) of Rule XI of the House of Representa- have a more accurate census, one that commercial sponsorship. does not leave minorities and poor and (b) No witness served with a subpoena by tives, in the conduct of any investigation or the Committee shall be required against his activity or series of investigations or activi- inner city populations behind. will to be photographed at any hearing or to ties within the jurisdiction of the Commit- The census data is used to draw, not give evidence or testimony while the broad- tee, following consultation with the Ranking only electoral districts, but also to de- casting of that hearing, by radio or tele- Minority Member. termine distribution of local and Fed- vision is being conducted. At the request of In addition, a subpoena may be authorized eral program dollars and to plan public and issued by the Committee or its sub- any such witness who does not wish to be works projects. Without accurate cen- subjected to radio, television, or still photog- committees in accordance with clause 2(m) of Rule XI of the House of the Representa- sus information, minorities and the raphy coverage, all lenses shall be covered poor do not receive equal political rep- and all microphones used for coverage turned tives, in the conduct of any investigation or off. This subparagraph is supplementary to activity or series of investigations or activi- resentation or distribution of govern- clause 2(k)(5) of Rule XI of the Rules of the ties, when authorized by a majority of the ment resources. State and local gov- House of Representatives relating to the pro- Members voting, a majority of the commit- ernments with missed populations lose tection of the rights of witnesses. tee or subcommittee being present. millions of dollars in Federal aid. (c) The allocation among cameras per- Authorized subpoenas shall be signed by The Supreme Court has allowed for mitted by the Chairman or subcommittee the Chairman or by any Member designated the Census Bureau to use sampling by the Committee. chairman in a hearing room shall be in ac- data for redistricting and Federal funds RULE 23. RECOMMENDATION FOR APPOINTMENT cordance with fair and equitable procedures distribution. The Census Bureau has OF CONFEREES devised by the Executive Committee of the found such a solution to be appro- Radio and Television Correspondents’ Gal- Whenever the Speaker is to appoint a con- leries. ference committee, the Chairman shall rec- priate. Yet, we find that, on the other (d) Television cameras shall be placed so as ommend to the Speaker as conferees those side, the Republicans in Congress are not to obstruct in any way the space between Members of the Committee who are pri- trying to block this process. any witness giving evidence or testimony marily responsible for the legislation (in- Sampling is a simple way of being and Member of the Committee or its sub- cluding to the full extent practicable the able to get a more accurate census H996 CONGRESSIONAL RECORD — HOUSE March 4, 1999 from available information that exists. tation including also the representa- unemployment statistics in the Gross Everyone says that they want a more tion that we here enjoy in Congress. Domestic Product, we need to find and accurate count. But as we can see, So the facts are undisputable. It is use the most modern scientific meth- what we really need to look at is to very clear, I think, to say that, if one ods available. make sure that everyone gets counted is not counted in the census accu- We are on the eve of the 21st Cen- but, at the same time, look at the dis- rately, one does not count. One does tury, and, yet, the majority here in parities that exist within that and go not count when it comes to Federal Congress wants us to count people in with it, with the scientific rec- dollars for public schools. One does not the next census in the same way that ommendations, and that is to provide count when it comes to Federal dollars we counted them back in 1790. The re- some degree of sampling. for fighting juvenile crime. One does alty is obvious, we do not count the We must let the Census Bureau do its not count when it comes to Federal same way in 1990 as we did in 1790. job and use the method that is most ac- dollars for road repair and mass tran- The National Academy of Sciences, curate and that avoids unfair sit. the American Statistical Association, undercount in this country. If one is not counted, one does not and the National Association of Busi- I want to take this opportunity to count when it comes to getting Federal ness Economists have all endorsed the just mention to you some specific sta- funding for things like Meals on Wheels use of modern scientific methodology tistics on the study that was done in for senior citizens and Head Start for as a way of counting. Texas. Texas lost almost $1 billion in our children. Our crime statistics, our economic Federal aid because of the 1990 census. According to the Census Bureau, de- statistics, our labor statistics, all of I will continue to mention some addi- spite its $2.6 billion price tag, the 1990 these figures are determined using modern scientific methodology. Incor- tional data for my colleagues as I go census, the last census that was con- porating these statistical methods into on, but I want to take this opportunity ducted was the first United States cen- the 2000 census will help us avoid the to yield to the gentleman from Illinois sus to be less accurate than the one be- kind of census undercount we had in (Mr. BLAGOJEVICH). fore it. 1990. Mr. BLAGOJEVICH. Mr. Speaker, I In 1990, one in 10 African-American So in closing, let me say that, let us, thank the gentleman from Texas (Mr. males were not counted. In 1990, one in all of us, let Republicans and Demo- RODRIGUEZ) for yielding to me. (The 10 Asian males were not counted. In crats alike, join together and put poli- gentleman from Illinois spoke in Span- 1990, one in 15 Latino men were also tics aside, and let the professionals at ish). not counted. Overall, 10 million Ameri- the Census Bureau do their job. What I said there, Mr. Speaker, is my cans were not counted in the 1990 cen- April 1, 2000, just about a year from name is hard to pronounce, but I hope sus. now, is census day for the 2000 census. it is easy to remember. Am I right? For many of us, it hits close to home. Let us take politics out of the census Mr. RODRIGUEZ. Mr. Speaker, the That undercount included more than and ensure that every American is gentleman is right. 110,000 people in my home State of Illi- counted. Mr. BLAGOJEVICH. Mr. Speaker, nois and 68,000 people in my hometown, Mr. RODRIGUEZ. Mr. Speaker, I first of all, let me thank my colleague, the city of Chicago. yield to the gentlewoman from the Dis- the gentlewoman from New York (Mrs. Let me put that in perspective. trict of Columbia (Ms. NORTON). MALONEY) for coordinating this very Sixty-eight thousand people is the Ms. NORTON. Mr. Speaker, I thank important discussion on the 2000 cen- equivalent of a standing-room-only the gentleman for yielding to me. I es- sus. crowd at a Bears game in Chicago’s pecially appreciate the leadership of I think we can all admit that the Soldier Field. the gentleman in bringing this matter census issue is not one of the most ex- Officials in my city, the city of Chi- forward at this time. citing issues that is out there. Most cago, estimate further that the census The census controversy continues Americans are unaware of it. It is very undercount was even higher than the unabated. We are about to precipitate a technical. To the extent that people 68,000 that the Federal Census Bureau constitutional crisis because we have even think about it, they do not think declared as undercounted. The city of got to have an accurate count. The rea- that the census has any real impact on Chicago’s figures have it as much as a son we do not have one is because we their lives. quarter of a million people were not are so late in getting our act together Yet, the reality is that that is not at counted in the last census of Chicago, and we are keeping Census from doing all the case. How the census is con- which means four Soldier Fields would what it is supposed to be doing because ducted is in a very real sense, some- be filled with undercounted people. we cannot agree among ourselves on thing that has a real impact on ordi- Let me illustrate my point. This what that should be. One of the reasons nary Americans. undercount meant that, between 1990 we cannot agree is we do not know In a larger sense, this issue is really and 1996, the city of Chicago lost ap- what that should be as a technical about basic fairness. It is about the proximately $200 million in Federal matter. fundamental concepts that we here in aid. Just to give my colleagues a cou- We asked the court to decide the ap- portionment issue. It decided the ap- America take for granted, one person, ple of examples, that means that, in portionment issue. Census has said we one vote, as well as the issue of how we 1997, Chicago should have received $3.9 abide by the apportionment issue when equitably distribute Federal resources. million more in Federal Community it comes to apportionment for this Both of these concepts are predicated Development Block Grants than it re- House. Census continues to have the upon a fair and accurate census. ceived. same interest that every Member of Each year, more than $100 billion in Chicago should have received $1.7 this body, I would hope, has in an accu- Federal money is allocated to States million that year for the Head Start rate census. and localities. That money is distrib- education program. The city should If the way to get the most accurate uted based upon census data. Census have received $300,000 more for pro- census for the distribution of Federal data determines how much funding grams under the Older Americans Act funds and for offering the States data States and municipalities receive for to ensure that senior citizens in Chi- is to use sampling, then it seems to me schools and for roads and for health cago have nutritious meals. that there is no further question about care and for a host of other important The problem is not just limited to what should be done. programs that we here at the Federal Chicago. States and municipalities With the apportionment issue set- level fund. across the country have suffered the tled, we are now at a point where, be- Census data is also used by private same consequences because of the 1990 cause sampling cannot be used, there industry in determining where to lo- undercount. will be the need for thousands and cate factories and stores. Even McDon- We can avoid a repeat of this thousands more census takers than ald restaurant franchises are based undercount, and we can ensure a fair would otherwise have been the case. upon the use of census data. We also distribution of Federal resources if we So we are deeply into having to spend use census data to determine political find other methodology to count peo- money, which, according to all the ex- representation, in fact, that represen- ple. Just as we do when we determine perts, one might have spent if this were March 4, 1999 CONGRESSIONAL RECORD — HOUSE H997 the turn of the last century, but not statistical methodology is the most ac- Mr. RODRIGUEZ. Mr. Speaker, I the turn of this century given what we curate of ensuring that all individuals thank the gentlewoman from Texas know about sampling. are counted. (Ms. SHEILA JACKSON-LEE), and I now This is a stalemate that must be bro- I am fearful that we will see an im- want to yield to the gentlewoman from ken. Offering an adjusted census after pact in Social Security, an impact in New York (Mrs. MALONEY). the traditional census has been taken, the AFDC payments needed for our Mrs. MALONEY of New York. Mr. offering the States census figures ad- children to survive, that we will find Speaker, I thank the gentleman for his justed by sampling is consistent with an impact on educational dollars. And yielding to me and for his leadership. the Supreme Court decision. It is up to whenever I go home, there is not one Mr. Speaker, it was not long after the States to decide how they do their single citizen that would concede the the Republicans took over Congress own redistricting. point that they are gleefully looking that they reached the conclusion that The court has spoken as to our appor- forward to not being counted. they did not like the use of modern sci- tionment. The vested interest of us all Now, I will say to my colleagues, Mr. entific methods in the counting on the in sampling techniques, to make sure Speaker, that our citizens are looking census. I am not sure how they reached that the maximum in Federal dollars not to be intruded upon. They are also that decision, having abolished the becomes available, should need no elu- looking to make sure that we do not committee and subcommittee with ju- cidation. There is not a Member who have a set of circumstances in which risdiction over the census. I am fairly has minorities or pockets of poor in his their privacy is invaded. And I clearly certain that that conclusion did not or her State or city which will not would like to say that we need to look come through oversight. In fact, they want the maximum feasible count. If at those issues. We need to refine those gave jurisdiction over the census to the that is by sampling, we would find it census forms. But I want to argue for Subcommittee on National Security, acceptable. The court has settled the toughest the enumeration, the counting, rather, International Affairs, and Criminal issue. Let us come together to make of every single one that can be done Justice of the Committee on Govern- sure that we do not have another ex- best by statistical methods. ment Reform, where it languished. tended fight on how we are to count I want to applaud the work of the The full committee did hold a couple ourselves. gentlewoman from New York (Mrs. of hearings on the census, but they Mr. RODRIGUEZ. Mr. Speaker, I MALONEY), both in her ranking member were halfhearted events. There cer- yield to the gentlewoman from Texas position but as well as the head of the tainly is no record to support their (Ms. JACKSON-LEE). Census Task Force that must be ongo- conclusions. In fact, the only report Ms. JACKSON-LEE of Texas. Mr. ing. And I want to commit all of us to issued by the Committee on Govern- Speaker, I thank the gentleman from reckoning that if there are those in the ment Reform stated that sampling and Texas for bringing this special order, House that would distract away from the use of scientific counting methods along with the gentlewoman from New the full counting, then we must address was unscientific, a conclusion they York (Mrs. MALONEY). their concerns, but we will not give up were later forced to repudiate. Mr. Speaker, we have worked long the fight for empowering all people Given the lack of evidence to support and hard to define accurately the ques- within these boundaries to be acknowl- their position, one might question tion regarding the census. I am cer- edged. their motives. However, there is no tainly disappointed that it is now bro- I want to add an additional point, need to do that. We only have to look ken down along the lines, seemingly, of Mr. Speaker. We must have diverse at their tactics to understand where Democrats and Republicans. members of this process. All of those they are coming from. At every turn I serve on the Census Task Force. I census-takers, whether used in the sta- they have come and tried to use some did so in the 105th Congress. Likewise, tistical methodology or otherwise, back-room maneuver to push their I was a plaintiff or a part of the litiga- must come from all backgrounds. It is agenda. tion that argued for articulating how imperative. They must be bilingual. Two years ago, House Republicans we could interpret fairly the census They must reach out. added language to the Flood Relief Bill statute and how we could avoid the Most of all, we cannot be intimi- to make the census less accurate. They undercount that we saw in 1990. dated. I am ranking member on the thought the President would not dare In my community alone, there were Subcommittee on Immigration and veto the Flood Relief Bill. But, to their 67,000 undercounted in the city of Hous- Claims of the Committee on the Judici- surprise, not only did he veto it, but he ton, some 400,000, almost a Congres- ary, and for too long we have not rec- won overwhelming editorial support sional District, in the State of Texas. ognized the value of ensuring that we clear across this country. Faced with It is imperative on the census that have the right information, that we do this opposition, they backed down. we come together in a manner that not characterize by a negative some- The next effort to force a less accu- this Congress stands up for, not deny- thing that is positive. rate census on the American public ing any single person the right to be I will not characterize immigration came as part of the 1998 appropriations counted. Let me make it as clear as I as a negative, because we are a country bill. Not only did the Republicans add can. We count every one. of immigrants, but we are a country of language to the Commerce, Justice, This is not a question of citizenship laws. I will not characterize census State appropriations bill that would as much as it is a question of determin- taking as a negative because it may in- have prohibited the use of statistical ing how many people are within our trude upon someone’s privacy, but I methods in the census, but they also boundaries. I think that should be will balance the privacy with the need rejected a genuine compromise offered made very clear. There is no doubt to count people, the need to be accu- by the gentleman from West Virginia that, despite the Supreme Court ruling, rate, the need to use statistical meth- (Mr. MOLLOHAN). They even added lan- I believe the Supreme Court has given odology, the need to be diverse, and to us some latitude of which we will con- guage requiring a two-number census. ensure that I do not unempower those And I would like to add to the record tinue to discuss, debate, and argue in the State of Texas and in this Na- the language from the 1998 appropria- about. I hope the administration makes it tion. tions bill which the Republicans put in With that, Mr. Speaker, let me thank very clear on their position that some the budget requiring the two-number statistical methods can be used. But I the gentleman from Texas (Mr. census. think the point that should be made is RODRIGUEZ) for his kindness and for his To hear them talk today, one would none of us should stand up on the floor leadership and the gentlewoman from think a two-number census was on the of the House and deny that anyone New York (Mrs. MALONEY), as well I see same order as high crimes and mis- within the boundaries of this country my good colleague, the gentleman from demeanors. But I learned long ago not be left out and not counted. Texas (Mr. GONZALEZ), who is here. And to expect the opponents of a fair and it seems Texas is on the rise. We know accurate census to be consistent. b 1415 we need to be counted, and I know we Last September, the chairman of the And it is well documented by the Na- are going to work together in Texas Subcommittee on Census of the Com- tional Science Foundation that that and get every single person counted. mittee on Government Reform called H998 CONGRESSIONAL RECORD — HOUSE March 4, 1999 the Census Bureau’s plan for a one- warned that procedures created by Grand Old Party want to make sure number census irresponsible. This Congress that require reworking and that these errors are not corrected? Is week, in a hearing, he called a two- an operational change would result in it because they believe that modern number census irresponsible. Perhaps major disruption. scientific methods are not scientific? I the chairman believes that all numbers The time for legislation has passed. do not think so. Is it because they be- are irresponsible. The opponents of a fair and accurate lieve that the professionals in the Cen- It was not until February of 1998, a census spent their time trying to bully sus Bureau will manipulate the num- little more than 2 years before the 2000 the Census Bureau with threats and bers? I do not think so. Is it because census, that the majority created the busy work instead of helping them they believe that the director of the Subcommittee on Census of the Com- with a comprehensive plan. Census Bureau is a statistical shill? I mittee on Government Reform and 2 The opponents of a fair and accurate do not think so. I do not believe they years after the plan for the 2000 census census seem to be getting desperate; believe their own rhetoric. But I do was announced. For 3 years they ig- and the more desperate they get, the know that they can count, and they nored their oversight responsibility louder they yell. But all of the yelling like the odds of suburbanites being and tried to bludgeon the Census Bu- in the world will not change the facts. counted and minorities being missed. reau through the appropriations proc- They provided taxpayer dollars to fi- The fight over a fair and accurate ess. Having repeatedly failed at those nance a partisan Republican suit census is the civil rights fight of the attempts, they decided to harass the against the Census Bureau. The Su- 1990s, and it is a fight that we must Census Bureau into submission. preme Court ruled that the use of sta- win. With a staff of 12 and a million dollar tistical methods was prohibited for ap- b 1430 budget, the majority was able to field portionment but required, I repeat, re- six hearings over the first 11 months of quired for all other purposes, if fea- Mr. RODRIGUEZ. Mr. Speaker, we the subcommittee’s existence, but they sible. all know that Texas lost an estimated peppered the Census Bureau with re- Democrats accept the court’s judg- $934 million since 1990, or about $1,922 quests for meetings, documents and ment. But the opponents of a fair and in federal aid for each of the persons data. One day recently, the Census Bu- accurate census continue to yell, and who was not counted. In my particular reau director got eight, and I repeat, each yell is more desperate than the district, the 28th Congressional Dis- eight separate letters requesting docu- last. Why? Because they believe that a trict, we lost approximately $40 million ments. fair and accurate census is a threat to from an estimated 20,714 people that Despite receiving boxes and boxes of their majority. were not counted. documents, the subcommittee com- I would remind my colleagues of one I take pleasure now in recognizing plains that the Census Bureau is oper- other fact. The last time the Repub- the gentleman from the city of San An- ating in secret. Despite being briefed licans controlled Congress during a tonio, Texas (Mr. GONZALEZ). and briefed and briefed, they complain census was in 1920. That was the only Mr. GONZALEZ. Mr. Speaker, the that the Census Bureau will not tell time in the history of this country that issue that we address today will affect them what they are doing. Despite the Congress has refused to reapportion the every constituent in every congres- lack of evidence, they continue to seats in Congress. Why? Because they sional district throughout the Nation. claim that the Census Bureau plans to did not like the facts that were re- You will hear us repeat numbers, facts manipulate the census, and they have vealed in the census counts. The popu- and figures but truly what we are try- come forward with many attacks on lation had shifted from the rural south ing to emphasize, that these are just the career professionals at the Census to urban areas, and they simply refused not facts and figures but real people. Bureau. to acknowledge the census numbers. It The 2000 census is just around the cor- There are 394 days until April 1, 2000. was 10 years later that Congress was fi- ner and if we do not stop the partisan Census day. It has been 3 years since nally able to apportion the seats. I rhetoric which has clouded this issue the Census Bureau released its plan for hope we are not on the way to another for far too long, we will once again the 2000 census and over 8 years since failed census, as we were in 1920. keep millions of Americans from hav- the planning for the 2000 census began. The 1990 census missed 8.4 million ing a voice. As Chair of the Census and In fact, the plan for this census was people and counted 4.4 million people Civil Rights Task Force for the His- shaped during the Bush administration twice. Most of those missed were the panic Caucus and Co-Chair of the Cen- under the direction of Dr. Barbara urban and rural poor and minorities. sus Task Force for the Democratic Bryant. With a little more than a year The opponents of a fair and accurate Caucus, I am committed to achieving a to go, the Republicans have just come census want to make sure that those fair and accurate census. The impact of up with a legislative agenda for 8.4 million poor and minorities are left a fair and accurate census will be felt changes they want to make to the cen- out of the census forever. They want to across the Nation in every community sus plan. make sure that those 4.4 million people and in the lives of every American. The We marked up one of these bills who were counted twice, who are most- information gathered in the census is today in the subcommittee. It was a ly suburbanites, are forever left in. In utilized in many ways. It is used by bill that the gentlewoman from Florida fact, now they want to force the Census States and local governments to plan (Mrs. CARRIE MEEK) introduced in 1996, Bureau to do a second mailing, because schools and highways, by the Federal and I am pleased that the subcommit- it has been shown in their dress re- Government to distribute funds for tee chairman is joining her, and I hope hearsals and in their research that it health care and countless other pro- that this bill will pass. will create more duplicates that are grams. It is used by businesses in cre- However, there may be something difficult to remove. ating their own economic plans. very much more sinister afoot. Having Now, I ask my colleagues, who is try- Our last census, in 1990, was the first failed repeatedly to legislate the cen- ing to cook the books? Is it the profes- time in history that the count was less sus plan through the appropriations sionals at the Census Bureau and the accurate than the one before. In 1990, process, they are now trying to pass experts brought together by the Na- more than 8 million Americans were legislation that on the surface looks tional Academy of Sciences, who want not counted and more than 4 million benign, but it is designed to throw a to use modern scientific methods to were counted twice. In Texas, as al- monkey wrench into the census proc- correct the errors in the census; or is it ready indicated, over 500,000 were not ess. those fighting to keep the census full counted. In my own home city of San Earlier this week, the Census Bureau of mistakes? Antonio, as referred to earlier, 40,000 director warned Congress that legislat- The 1990 census missed 1 in 10 adult were not counted. ing major changes in the census at this black males, 1 in 20 Hispanics and 1 in In a report released by the General late date will jeopardize the accuracy 8 American Indians living on reserva- Accounting Office this past week, it is of the census. He offered to work with tions. But the 1990 census only missed reported that 22 of the 25 large formula Congress to achieve its goal within the 1 in over 142 nonHispanic whites. Now, grant programs use census data as part context of the operational plan but I ask my colleagues, why does the of their allocation formula. Those 25 March 4, 1999 CONGRESSIONAL RECORD — HOUSE H999 formula grant programs distribute ap- Now, we know that the Constitution wide, the Commerce Department esti- proximately $166 billion in Federal calls for an enumeration. I agree. We mates that several million people were funds to the States. The 22 formula should try to count as many people as overlooked. While these figures rep- grant programs that utilize census we possibly can. I also realize the ob- resent the disempowerment of a shock- data account for 97 percent of the stacles that face us if we rely on this ing 1.6 percent of the total American total. That is $161 billion. These are head count alone. Today society is population, the figures for minorities Federal tax dollars that citizens across highly mobile. Most households are are significantly worse. A full 5 percent the Nation have paid, Federal dollars two-income families. There are lan- of Hispanic Americans were simply that should come back to the commu- guage barriers. And there are people overlooked, 4.4 percent of African nity in the form of improved infra- who have a distrust of government. Americans were never counted, 4.5 per- structure, better neighborhood schools, These are just some of the obstacles cent of Native Americans were ignored. health care for the poor and the elder- facing us if we choose to continue to These communities of minority Ameri- ly, local economic development and employ a head count system alone. cans have been denied the representa- much more. Proven scientific statistical methods tion that is their birthright. Represen- In my State of Texas, where over can overcome these obstacles and will tation in American government cannot 500,000 were not counted, it is esti- give us the more accurate count. Over be contingent on the affluence of your mated that we lost close to $1 billion in and above the accuracy, we know that neighborhood, nor the color of your Federal funding over the past 10 years. this system is cheaper than the actual skin. This is a sanctioned We were second only to California in head count. disempowerment of American minori- the harm caused by an inaccurate The Supreme Court recently ruled ties and cannot be allowed to continue. count. This astronomical loss of fund- that these scientific methods can only We must have a census 2000 that not ing breaks down to $1,992 per missed be used for redistricting and distribu- only attempts to count all Americans person. It is estimated that if we uti- tion of Federal funds and that a head but one that makes people, all people, lize the same inaccurate enumeration count must be done for the purpose of count. To allow our underserved popu- methods for the 2000 census, Texas will apportionment. If we know we can get lations to become third-class citizens stand to lose $2.18 billion in Federal the most accurate census through without a voice in their own govern- funds. these methods and that they will save ment is to deny the most basic prin- We must realize that this is not a po- us money, we must utilize them. The ciples of democracy. This is the only litical issue. This is an economic issue. gentlewoman from New York (Mrs. way in which they are going to be able It is an education issue. It is an infra- MALONEY) who just preceded me has in- to get the additional Federal funds to structure issue. And most importantly, troduced legislation that will amend improve their schools, to modernize it is about fairness. It is about time the census act so that scientifically their schools, to be able to improve that we stop the partisan rhetoric and proven statistical methods can be used health programs, to be able to improve choose people over party politics. for every purpose of the census, appor- their infrastructure so that they too Every person in this Nation counts and tionment, redistricting and distribu- can have an interstate highway and be every American deserves to be counted. tion of Federal dollars. I believe in this able to be connected to the rest of the It is important to point out exactly bill and urge all of my colleagues to country. This is the only way in which who was missed in the 1990 census. It is support it so that every American will they are going to be able to improve really no surprise, because the very be counted and have a voice. We must the quality of life of their people. This people who were not counted in the stop the partisan bickering over the must change. I stand here today, and I last census are those communities who census. We must put people first. We say, the year 2000 census must be fair. are typically overlooked. Of the 8 mil- must put people over party politics. We To be fair, it must be accurate. lion Americans not counted, minori- must and should be dedicated to ob- Mr. RODRIGUEZ. Mr. Speaker, I ties, children and the poor were dis- taining a fair and accurate census in proportionately represented. Nation- 2000. thank the gentleman from Texas (Mr. ally, 5 percent of Hispanics, 4.4 percent Mr. RODRIGUEZ. Mr. Speaker, I HINOJOSA) for his remarks. I yield to of African Americans, 2.3 percent of thank the gentleman from Texas (Mr. the gentleman from California (Mr. Asian and Pacific Islanders, and over 12 GONZALEZ) for his remarks. I know FARR). percent of Native Americans living on Texas has been hard hit and we all rec- Mr. FARR of California. Mr. Speaker, reservations were undercounted. In ognize the loss in Texas. We have been I rise to discuss this issue because it is Texas, the net undercount from the shortchanged. With the 2000 census indeed an issue that should have a lot 1990 census was 2.8 percent, almost upon us, we recognize the importance more attention in this Nation at the twice as high than the national aver- of assuring that we get a good, accu- local level than it has been getting. age of 1.6 percent. The percentage of rate count. Let me recognize my fellow The battle here in Washington seems Hispanics and children missed in Texas Congressman also from Texas (Mr. to be a partisan battle. The battle of were all greater than the national av- HINOJOSA). getting an accurate census is really a erage. Of the 500,000 Texans missed, Mr. HINOJOSA. I thank the gen- community-based value. Let me tell over half were of Hispanic origin. tleman from Texas (Mr. RODRIGUEZ) for why. If you undercount California Statewide, 3.9 percent of African Amer- yielding. where one out of every 10 people in the icans, 2.6 percent of Asian and Pacific Mr. Speaker, I have an important United States lives, it has been esti- Islanders, and 2.8 percent of Native point I would like to make today. Our mated that just the 1990 census, what Americans were undercounted. Nation must have a fair and accurate While missing or miscounting people census in the year 2000. In my State of we did 10 years ago when there was no is a problem for the census, the fact Texas, the 1990 census resulted in the dispute about how to do it, that that that particular groups, children, the second highest undercount of any undercount will cost California $2 bil- poor, people of color, city dwellers and State. Not only in 1990 but for a full 10 lion. Why? Because the money is renters were missed more often than years after that, almost half a million subvened back to the States based on others produced census data that Texans have been inadequately rep- population. So the census in 1990 underrepresented these particular resented in their government and re- missed 838,000 people living in Califor- groups. Each of us should be outraged ceived only a fraction of the Federal nia. That 838,000 people is larger than by these types of inaccuracies. The funds that they were due. The the individual populations of Alaska, Census Bureau and other experts have undercount meant that the State of Delaware, Montana, North Dakota, told us that the most accurate census Texas alone was deprived of over $1 bil- South Dakota and Vermont. So if you can be obtained by utilizing modern lion in Federal funds. As the gentleman do not think that counting is impor- and proven scientific statistical meth- from Texas (Mr. GONZALEZ) said ear- tant, then let us just eliminate those ods. These are proven methods, proven lier, an equally inaccurate census in States from the count, because that is to be the most accurate system to ob- the year 2000 could result in the loss of the amount of people that we are talk- tain the census. over $2 billion to our State. Nation- ing about. What that means is that in H1000 CONGRESSIONAL RECORD — HOUSE March 4, 1999 a single year California loses $197 mil- ulation figures are used again. It is im- make sure that the 2000 census is an lion in Medicaid funding, that is fund- portant to note that the population fig- accurate count. Scientific methods, ing for people with illnesses; $995,000 in ures are used by 22 of the 25 biggest and we got to remember that since the adoption assistance, $1.8 million in Federal grant programs. 1950s we have recognized that there has child care and development, $3.6 mil- So if people are not counted, such as been a problem in terms of how people lion in prevention and treatment of Medicaid, then they will not be able to are counted, and since then and up to substance abuse, $9.4 million in foster receive those resources. If people are the present, even in the 1980 census, care, $4.7 million for rehabilitation not counted such, we will not be able and 1990, there were attempts and there services, the list goes on and on. What to use the resources for how recon- were utilized methods. They were rec- you are seeing is that all of those peo- struction. So it is important for us to ognized to best identify those people ple out there who are asking for help recognize that it is key and it is impor- that are missing, and that does not from government, because the pro- tant that everyone. It is hard to think mean that we will not be going house grams just do not go far enough, could that if 5 percent of the Hispanic popu- to house, that does not mean that we be receiving that help automatically if lation is not utilized, that Hispanics will not try and make sure that every- the census was correct. are only worth 95 percent instead of a one gets counted. So I rise today, Mr. Speaker, to do hundred percent, and we also recognize In fact, as we look at the scientific one thing, to challenge the mayors of that there is an overcount, and we have methods that have been used by the this great country, to challenge the a large number of individuals that are Bureau for decades, it is indicated that county commissioners and supervisors the rich that are being overcounted be- they have been extremely helpful to be of this great country, to challenge the cause they have several households. able to get a more accurate count. The municipal governments of this country So we ask, as we move forward, that Census Bureau has used scientific to rise up and take notice as to what is we get an accurate count. methods to be more accurately meas- happening with the census, because it I wanted to just mention in terms of ured and correct and to make sure that is going to affect their communities. the GAO report that it was requested we get that undercount, because as my This issue is not a partisan issue. It by the leaders of the House Sub- colleagues well recognize, there is also should not be a partisan issue. It committee on Census and to determine an overcount on the other side with the should be a scientific issue: What is the how much each State would have re- rich that have several households. best and most accurate way that we ceived from these programs by using In the year 2000 the Census Bureau can guarantee a full count. adjusted figures for the 1990 head will, No. 1, mail the census form to The National Science Foundation count, and this GAO report is the one each household so that that effort will and the Department of Commerce and that I have been mentioning. The Su- be there again and will continue to be a vast majority of the professional sci- preme Court ruled in January the sta- there, and it will also go door to door entific community all recommended tistical methods known as sampling to follow up on those homes that do that we use modern scientific methods could be, and I read again, could not be not respond. So we are going to go out to have the count in the year 2000. The used for determining population figures there to make sure that everyone, No. United States Supreme Court recently for allotting congressional seats. In re- 1, gets some mail; No. 2, if they do not held that the 1976 Census Act requires sponse we recognize that it can be uti- send it back, we are going to go out the use of modern scientific methods lized for all the other areas, and that is there to make sure and knock on their for all purposes other than just re- what we are talking about. door to make sure that that mail and apportionment of Congress, which is So, it becomes important that we that census data comes back. the method where we determine how recognize the importance of making Secondly, we are going, for the first many people live inside a congressional sure that everyone gets counted. time in history the Bureau will put on district and from there draw the dis- I was also very pleased, and the gen- a national advertising campaign urging trict boundary lines. That is what is of tlewoman from California (Ms. PELOSI) everyone to participate, and this effort interest to Washington, to Congress, to was here earlier, and she talked about is an effort to make sure that everyone the House of Representatives. But let the importance and had to submit recognize that they have a responsibil- us not forget that the real impact of some record for the RECORD because ity to be counted and an obligation. the census is upon our neighborhoods, she recognized that California was the Thirdly, Mr. Speaker, they will use our schools, our health care centers, biggest loser, and in her comments she special outreach to contact and encour- our hospitals, our police and fire, and also addresses the importance that in age everyone to return their census people who reach out and do services to California the statistics were alarming forms, including people who do not our community such as foster parents and had far-reaching consequences. Mr. have a fixed address, and this is where and others. Speaker, 2.7 percent of the people in the problem lies. There is a lot of indi- viduals or families that live together, b California were missed in the 1990 cen- 1445 sus. There is much at stake in this and we do not have a fixed address for Equity demands that more than sci- process for California, for Texas and for them, and those are the individuals entific methods be employed to deter- the entire Nation to make sure that ev- that get miscounted, and that is why, mine the population so that California eryone gets counted. in order to carry that out, aside from and every other State are not deprived In the 1990 census it showed that 27 all those things that we are going to be of their fair share of Federal funding. If States and the District of Columbia doing, we are going to be pushing on indeed those communities care about lost $4.5 billion over the decade in Fed- the utilization of sampling which will this, rise up, take notice and petition eral funds due to the failure of a cor- allow us to have a more accurate our government in Washington. rected census in 1990. California was count. Mr. HINOJOSA. I thank the gen- the State most harmed by these inac- To carry out the accuracy coverage tleman from California (Mr. FARR). I curacies. One State would have re- evaluation, which is called ACE, a am very pleased that he mentioned ceived $2.2 billion more in Federal quality check which completes the cen- California because California was the funds during that period, and that is sus by evaluating accuracy and cor- hardest hit in terms of the loss of re- $2,660 for a person that was missed. So recting any undercount. Methods very sources. It was estimated by the GAO for each one that is missed, in Texas similar used by ACE were used in the report that approximately $2.2 billion we lose a little bit over $1,900; in Cali- 1980 and 1990 census, and this will allow was the biggest loser on the fact that fornia they lost over $2,600. an opportunity to make sure everyone we did not utilize sampling during the So it is important for us to recognize gets counted. When we look at Ameri- 1990 census. The Census Bureau esti- that every effort needs to be made to cans, I know that during the Civil War mated that 835,000 people were not assure that we get everyone counted. we counted African Americans less counted in California. Of those, it is In the year 2000 census I also want to than. We do not want to do this at this also interesting to indicate that over assure my colleagues that the Census time. We want to make sure that ev- half of those individuals not counted in Bureau is there to do an accurate eryone gets counted. Again, if 5 percent California were Hispanics, and the pop- count, and they are willing to move to of Hispanics are not counted, that March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1001 means that I am only counted at 95 That's not fair, it's not accurate, and it's not use of sampling for apportioning congressional percent, while other people are counted acceptable. We are determined to do better. districts among the states. However, the Court at a hundred or even beyond if they are A complete census must include modern also held that the 1976 revisions to the Cen- overcounted. scientific methods which will provide an essen- sus Act ``require'' the use of sampling for all So there is a need for us to look at tial quality check for Census 2000. Such a other purposes, including the distribution of that disparity that exists there and plan fully complies with the Supreme Court's federal aid to states and municipalities and for make every effort to make sure that ruling that the law requires that the Census redistricting, if the Secretary of Commerce de- everyone gets counted. Bureau use modern methods such as statis- termines its use to be ``feasible.'' Mrs. MEEK of Florida. Mr. Speaker, on April tical sampling for all other purposes of the The Secretary of Commerce has already 1, 2000, as mandated by the U.S. Constitution census other than apportionment. This issue announced that he considers the use of sam- and the Census Act, the decennial census will should rise above partisan politics. It's not a pling to be feasible. Given the Supreme take place. People want an accurate census partisan issue. It's an American issue. As Court's ruling, a 2000 census plan must be a that includes everybody. Unfortunately, the President Clinton stated: two-number plan under the law that uses tradi- U.S. Census Bureau has missed millions of ``Improving the census should not be a par- tional counting methods to arrive at a number persons in conducting each decennial census, tisan issue. It's not about politics, its about for apportionment and modern statistical sam- especially minorities, the poor, children, newly people. It's about making sure that every pling techniques for all other purposes. Simply arrived immigrants, and the homeless. Our American really, literally counts.'' President put, the Court's ruling did not bar the use of goal for Census 2000 must be the most accu- Clinton, June 2, 1998. modern scientific methods. It required rate census possible. To accomplish this, the The stakes of an inaccurate census are very sampling's use for all census purposes except Census Bureau must use the most up-to-date high. Over 164 federal programs use some apportionment. methods as recommended by the National aspect of census data to determine the In order to eliminate the undercount for all Academy of Sciences and the vast majority of amount of funds that are distributed to quali- other purposes beyond apportionment of con- the professional scientific community. fied applicants. From the allocation of trans- gressional seats among the states, Census The importance of the census is monu- portation funds and the building of roads and 2000 will be completed using modern scientific mental. The census has a real impact on the bridges, to the determination of housing units methods. The Census Bureau has determined lives of real people. Information gathered in and the distribution of program funds, census that it is feasible to use modern scientific the decennial census is used by states and data plays a critical role in determining the methods and will use these methods to local governments to plan schools and high- amount of federal dollars disseminated in our produce the most accurate census permitted ways; by the federal government to distribute local communities. The decennial census is under the law. funds for health care and other programs; and the basis for virtually all demographic informa- Scientific methods have been used by the by businesses in making their economic plans. tion used by educators, policy makers, journal- Bureau for decades. Statistical methods dis- An accurate census is vital to every commu- ists and community leaders. America relies on closed that in the 1950 census, minorities nity. Last year, census data was used in the Census data everydayÐto determine where to were undercounted at much higher rates than distribution of over $180 billion in federal aid. build more roads, hospitals, and child care non-minorities. Since then, the Census Bureau Accurate census data is the only way to as- centers. has used scientific methods to more accu- The extent of the problem should be clear. sure that local communities receive their ``fair rately measure and correct for this unfair Poor people living in cities and rural commu- share'' of federal spending; an inaccurate undercount. nities, African-Americans and Latinos, immi- count will shortchange the affected commu- What steps will the Census Bureau take to grants and children were disproportionally nities for an entire decade. ensure an accurate and fair census? In 2000, Census data also forms the basis for which undercounted. In Florida, the 1990 Census the Census Bureau will: missed more than 258,900 people. Like the Congressional seats are apportioned among Mail census forms to every household and national results, a disproportionate number of the states. Within states, census data is used do door-to-door follow-up to the homes that undercounted Florida residents were minori- to draw Congressional and other legislative did not respond to the mailing; tiesÐ4% (73,319 people) of African-Ameri- districts. Inaccurate data has far-reaching con- For the first time in history, the Bureau will cans were missed; 1.8% (2,881 people) of sequences for political representation by de- put on a national advertising campaign urging Asians in Florida were undercounted, 5.3% creasing the influence of those persons who everyone to participate; (87,654 people) of Hispanic origin were are less frequently counted. We must not Use special outreach to contact and encour- missed; and 2.7% (1,006 people) of native allow this to occur in 2000. age everyone to return their census forms, in- Americans were undercounted. cluding people who do not have a fixed ad- Allow me to give you some pertinent statis- In Miami, an estimated 18,831 (4.99%) peo- tics. The population undercount for minorities dress; and ple were not counted. This is the 3rd highest Carry out the Accuracy & Coverage Evalua- is a long-standing problem for the Census Bu- undercount rate among major cities (behind reau, a problem which was even worse in the tion (ACE), a quality check which completes Newark, NJ, and Inglewood, CA). We must do the census by evaluating accuracy and cor- 1990 census. The 1990 Census contained 26 better. million mistakes. About 4.4 million people recting any undercount. We should allow the Census Bureau to do Methods very similar to ACE were used in were counted twice and 8.4 million people its job. The professionals at the Census Bu- the 1980 and 1990 censuses to improve accu- were missed. The net undercount was 4 mil- reau are continuing their preparations to racy. lion people, approximately 1.6% of the popu- produce the most accurate census permitted If we use the most up-to-date scientific lation. Another 13 million people were counted under the law. Our goal must be the most ac- methods as recommended by the National in the wrong place. About one-third of all curate census possible, using the most up-to- Academy of Sciences and the vast majority of households failed to respond to mailed ques- date scientific methods and the best tech- the professional scientific community, America tionnaires. nology available. can have a Census 2000 where all Americans The undercount of minorities was much Allow me now to turn your attention to the count. Let's make Census 2000 a census that worse than the 1.6% national average. The controversial issue of statistical sampling. Ad- all Americans can be proud of. Census Bureau estimates that 4.4% of Afri- vertising and promotional campaigns targeted Ms. PELOSI. Mr. Speaker, does the census can-Americans, 5.0% of Hispanics, and 4.5% to minority communities and directed by mi- count? of Native Americans were not counted. The nority advertising firms are essential. Easy ac- Yes, the Census counts for every American 1990 census missed 7% of African-American cess to census materials in languages other and it should be as accurate as possible. children, 5% of Hispanic children, and over than English is also critical. However, the Na- The Census Bureau has devised a plan to 6% of Native American children. In fact, as the tional Academy of Science, the General Ac- increase the accuracy of the ten-year count. Secretary of Commerce noted on January 25, counting Office, the Inspector General of the We should listen to the experts on this issue 1999, the 1990 Census was the first in 50 Commerce Department and the academic and and leave the decisions to the experts who years that was less accurate than its prede- statistical community all have concluded that know how to determine the best means for ac- cessor. It is critical that this census is a fair the undercount and the differential undercount complishing the best count. census. Because the census is so important, among minorities cannot be solved without the What are our choices? we must do everything we can to ensure that use of modern statistical techniques known as In all of the talk about the census and its everyone is included in the count. We know ``sampling.'' fairness, the interpretation of the Supreme that previous censuses overlooked millions of On January 25, 1999, the U.S. Supreme Court decision and the debate on methods, people, especially children and minorities. Court ruled that the Census Act prohibits the our choices really are very simple. H1002 CONGRESSIONAL RECORD — HOUSE March 4, 1999 We can use the ``old'' methods, or we can Yes, the Census counts. Every American public, says itself that you have got to use the modern methods recommended by should be concerned about a fair count and count each person when we decide the Census Bureau. We can have an inac- support the work of the experts at the Census about reapportionment. curate census using the ``old'' method, or we Bureau in giving them the tools they require to Now what did we hear? As my col- can have a more accurate census using up- do the best job for the best money. The Amer- leagues know, I do not know why we dated techniques for counting, recommended ican people deserve the best. did not hear that other than it does not by the Census Bureau. f really play into their strong point as The 1990 census failed America's minority well as criticizing Republicans, attack- THE RADICAL LEFT, THE PRESI- communities. Almost 9 million people were not ing us as mean-spirited. Listen. The DENT’S COUNSEL AND THE counted in the process, including one in ten Republicans on this issue are irrele- DEMOCRATIC CAUCUS DO NOT African-American males, one in twenty His- vant. If they have a problem, they need LIKE THE CONSTITUTION panics and one in ten young Asian males. To to take it up with the United States make matters worse, there were 26 million er- The SPEAKER pro tempore. Under Supreme Court. They need to take it rors in the census with 14.5 million people the Speaker’s announced policy of Jan- up with Madison and Hamilton and counted twice and another 13 million people uary 6, 1999, the gentleman from Flor- those people that drafted the United counted in the wrong place. In fact the 1990 ida (Mr. SCARBOROUGH) is recognized States Constitution over 200 years ago. census was the first census in 200 years to be for 60 minutes as the designee of the Now maybe they do not like the Con- less accurate than the census preceding it. majority leader. stitution, maybe they think that this This approach is unacceptable. Why would Mr. SCARBOROUGH. Mr. Speaker, I part of the Constitution is not suited we retrace our steps down a failed path certainly have been intrigued by the well for the 21st century, maybe they AGAIN? We owe it to all segments or our speech that we have been hearing want a radical departure from our his- communities to make the strong effort to keep about the census and about how we tory, maybe they want to take an ex- the census fair, accurate and representative of have heard words like ‘‘partisan mo- tremist approach because they think our diverse population. tives’’ and ‘‘tactics’’ and basically the they can pick up four or five seats. But In California, the statistics were alarming same things that we have been hearing I can tell my colleagues the Supreme and had far-ranging consequences. 2.7% of for years, that Democrats have been Court, the United States Constitution the people living in California were missed in attacking Republicans for back room and 222 years of American history does the 1990 count. There is much at stake in this maneuvers and saying all these hor- not support their argument. process for California and its communitiesÐto rible things because we do not want Facts are stubborn things. Facts, not be counted, to be represented and to reap the people to be represented according to name calling, not mean-spirited at- federal benefits intended to spring from the them. Mr. Speaker, as my colleagues tacks; facts are stubborn things. best possible census numbers. In San Fran- know, the one thing though that I find It reminds me during the impeach- cisco alone, African Americans were under- really intriguing about this debate is ment hearings and even before the im- counted by 13% and Hispanics by 16%. that while Republicans are being at- peachment hearings, as we led up to The 1990 census showed that 27 states and tacked for this, the one thing that we the impeachment hearings. Mr. Speak- the District of Columbia lost $4.5 billion over do not hear about when it comes to re- er, I remember Ken Starr being casti- the decade in federal funds due to the failure apportionment and when it comes to gated time and time again. He is a ren- to correct the 1990 census. California was the using the census to count voters in 2000 egade. Ken Starr is dangerous. He is state most harmed by these inaccuracies. Our is the fact that this decision has al- trying to do things that he should not state would have received $2.2 billion more in ready been reached, not in a back room be able to do. That is what we heard federal funds during this periodÐ$2,660 for in Congress, not by mean-spirited Re- from the radical left. But facts are each person missed. publicans getting together and figuring stubborn things. The Republican majority has proposed a out how they can harm human beings, The President’s attorneys, the radi- $400 million ad campaign to highlight the cen- but now it has been decided already cal left, the Democratic Caucus, all sus. Why spend almost half a billion dollars across the street by the United States would attack Ken Starr and say he was and do nothing to correct the inaccuracies of Supreme Court who ruled not long ago, doing things that would destroy the the past. Under this plan, we will get even less just a month or two ago, that it is un- Presidency and the Constitution, and for our money than ever before. What kind of constitutional. It is unconstitutional yet every time the legal question was goal is that? to run a census the way the adminis- taken to the United States Supreme If there is a move to restrict the Census Bu- tration and the way that the radical Court, the United States Supreme reau in its plans and the process is thwarted, left wants to run the census in 2000. Court, the highest court in the land, we could be faced with a partial government Mr. Speaker, I say ‘‘radical left.’’ would come back and defend Ken shutdown with funding cut off for the depart- Why do I say ‘‘radical’’? I say ‘‘radi- Starr’s right to conduct his legal inves- ments of Commerce, Justice and State under cal,’’ and my definition of ‘‘radical’’ is tigation. the June 15 deadline. This crisis is avoidable somebody or a group of legislators who Now whether colleagues agreed with and should be entirely unnecessary under the want to radically break with the past, Mr. Starr’s investigation or not, do not Supreme Court decision. and that is what this is all about. As say that he is an out-of-control pros- The Supreme Court decision supports the my colleagues know, they can talk ecutor that is trying to violate the law current efforts of the Census BureauÐto use about scientific means of measure- because the highest court in the land, the ``old'' method for the purposes of state ap- ment, they can talk about fairness, the court sanctioned by the United portionment in Congress under the law and to they can talk about whatever they States Constitution 222 years ago, said use methods recommended by the census ex- want to talk about, but when they turn that what Mr. Starr was asking for was perts to use improved counting to redistrict and point and blame the Republicans constitutionally correct. within each state and to distribute federal for the census in 2000, they are avoid- b 1500 funds. This is a fair compromise. The Su- ing some very basic facts. preme Court agrees. Mr. Speaker, the main fact they are Now, again, maybe the radical left, The Census Bureau is committed to produc- avoiding is, and there are two facts ac- the President’s counsel, and the entire ing the most accurate numbers possible for all tually; first fact is the United States Democratic Caucus does not like the uses other than for apportionment, and the Supreme Court says it is unconstitu- Constitution. Maybe they are offended Republican majority wants to prevent it from tional to guess how many Americans by 222 years of history. But do not at- doing its job. should be able to vote in an election. It tack the person that is living by the The rich ethnic diversity of our urban and is unconstitutional. The second fact law and the Constitution, because facts rural areas should not be under-reported, that they conveniently avoid so they are stubborn things. underpresented and under-funded under a can come down here and make mean- This is something I have seen now for failed system. We must have a more fair proc- spirited, radical assertions that just 4 years. Mr. Speaker, it was about 41⁄2, ess for counting our nation's minority commu- are not based on fact is that the United 5 years ago that I was an American nities under a process that brings the greatest States Constitution itself, the frame- that sat on my couch and watched the number of people into the headcount. work for this great constitutional re- news, watched C-Span, had never been March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1003 involved in politics. I decided that I Americans. We have got to do that. We I think what Senator KERREY did was should get off the couch, come to have got to stop looting the Social Se- a courageous thing. Senator Simpson, Washington, and try to make a change. curity trust fund. now retired, was also on that commis- I did that. I have to tell the Mem- Ironically, this is something that, sion. It is a commission that came up bers, I was shocked, absolutely shocked back in 1995, when I came here with a with good conclusions regarding the by some of the mean-spirited things group of 73 other freshmen Repub- solvency of Social Security. that were said from the left to the licans, we actually put out a bill that What does that mean? I guess we right. Any time they disagreed on prin- Mark Neumann helped draft that would have to boil this down basically as ciple, they would attack personally. set aside the Social Security trust fund much as we can so people in their teens I just do not know how many times I and protect Social Security’s funds for and twenties can understand. have heard somebody from the radical our seniors. We were told at the time it Let us say you have a job at Wendy’s left call an opponent a Nazi because was radical, that nobody would do it; and you make $200; a part-time job, and they disagreed with them politically; a that, listen, we have to go ahead and you make $200 every 2 weeks. If you Nazi, a member of an organization that count the Social Security trust fund have to pay 90 percent of your salary in killed 6 million Jews. and raid it or there is no way we can Federal taxes, that means you will get Just because you disagree with the balance the budget. The administra- $20 at the end of the day and the Fed- way somebody votes on a school lunch tion’s budgets looted Social Security. eral Government will get $180. That program, whether someone wants it ad- Right now, though, I think we are simply is not the right thing to do, but ministered by the State, the local getting to a point where most conserv- that is what our children and our school agency or the Federal Govern- ative and moderate Members of Con- grandchildren face and what they faced ment, does not mean that we should re- gress agree that we have got to keep if we did not dare to stand up to say no sort to this mean-spirited radical ap- Social Security safe and keep it off- to more and more spending. proach. budget, so our grandparents and our What do we hear now, 4 years later, It is just like social security. I do not parents will be able to get back the just 4 years later? We have gotten to a know how many times I have heard money that they put in. point where we could not only erase people on the left talk about Social Se- Is it a plan that will work? I do not the deficit but also erase the $5.4 tril- curity and talk about how Republicans know, but I would like the administra- lion debt, just in 10 or 15 years. How did want to destroy Social Security. We tion, I would like members of the radi- this come about? We hear an awful lot have heard it from the administration cal left, I would like everybody to about the recovery. A lot of people time and time again. It is almost like come to the table and at least talk want to take credit. they a one-trick pony. That is all they about it, instead of saying let us raid But I remember back in 1995 when we know how to do is to scare people. Social Security by $270 billion, and got here. We said, we are going to bal- Once again, facts are stubborn then turning around and saying, we are ance the budget and we are going to do things. It was just this week that CBO the ones that are protecting Social Se- it in 7 years or less. I actually voted on Director Crippen criticized the Presi- curity. a plan that would balance the budget dent and the administration, and for They cannot have it both ways. Ei- in 5 years. They called us radical and doing what? For planning to raid the ther they are for protecting Social Se- extreme because their views were radi- Social Security trust fund by $270 bil- curity and keeping their hands off the cal and extreme. lion, steal $270 billion from Social Se- Social Security trust fund, or they I guess, to a political faction that curity. Even in Washington, D.C., even want to raid Social Security to the had spent 40 years borrowing from among the radical left, $270 billion is a tune of $270 billion, like the adminis- their children and their grandchildren lot of money. tration, to create bigger Federal bu- and stealing from their grandparents’ The idea was let us go ahead and raid reaucracies. They cannot have it both Social Security trust fund, I guess our Social Security for $270 billion, take it ways. Facts are stubborn things. concept was radical. from Social Security, put it in the gen- Why are we in a position now that we This was our concept: If you spend $1, eral account, and then, after we steal can set aside the Social Security trust then you had better bring in $1. Stop $270 billion from this Federal program fund? It is because when we came here borrowing from the next generation that was set up on a promise, then we in 1995 we were not only concerned and from the generation that survived spend that $270 billion on new Federal about senior citizens, we were con- the Depression and won World War II. programs, new bureaucracies, making cerned about our children, we were Instead, let us be fiscally responsible. new promises that this government concerned about teenagers, we were So we brought out a plan to balance will not keep. concerned about people in their 20s, the budget. It was the plan of the gen- We have to say, once and for all, to 30s, and 40s, and people who would be tleman from Ohio (Mr. JOHN KASICH). It this administration and to those on the on Social Security down the road. was a courageous plan. left that want to raid the Social Secu- The only way we could take care of I got up here in my first couple of rity trust fund to create new bureauc- our future leaders, the only way we months in Washington and everybody racies and new jobs and new power in could allow them to enjoy the Amer- in Washington told me, we cannot do Washington, D.C., keep your hands off ican dream that so many Americans it. This will never happen. We cannot Social Security. Keep your hands off have enjoyed in this great American balance the budget. In fact, I remember Social Security. century, was to stop raiding Social Se- the President coming out and saying, if There is a Republican plan by the curity and stop stealing from our next we tried to balance the budget in 7 gentleman from California (Mr. WALLY generation. years we would destroy the American HERGER) that would allow us to, fi- When we got here, the deficit was economy. The President of the United nally, after all of these years, keep $300 billion, $300 billion. The debt was States just 4 years ago said if we tried politicians’ hands off of Social Secu- $5 trillion. What does that mean? It is to balance the budget in 7 years we rity. This plan would set aside the So- hard to figure out exactly how much would destroy the United States econ- cial Security trust fund and stop politi- money that is. All I can say is this. omy. cians from raiding that trust fund. Senator BOB KERREY headed up a bipar- We had some other people that knew The President would not be able to tisan task force on Social Security, a thing or two about economics come steal $270 billion from the Social Secu- and his Social Security task force back and testify before Congress. The gen- rity trust fund. Members of the radical in 1994 concluded that if Social Secu- tleman from Ohio (Chairman KASICH) left would not be able to create new rity spending and if spending on our had Fed chairman Alan Greenspan Federal jobs, create new Federal bu- Federal budget continued at current come to Congress. reaucracies, and create new Federal rates, then people in their teens and The chairman of the Fed said, if you regulations with their ill-gotten dol- twenties would be paying 89 percent of people will only do what you say you lars. Instead, we would set aside Social their paychecks, 89 percent of their want to do and pass a budget that will Security. We would keep it solvent, not paychecks just to pay off their Federal balance in 7 years, you will see unprec- only for my parents but for all of taxes. edented economic growth. You will see H1004 CONGRESSIONAL RECORD — HOUSE March 4, 1999 interest rates rocket down. You will So what we have to do in 1999 is re- and you can either have a bureaucrat see unemployment go down. You will member the lessons of 1995, Mr. Speak- in Washington, D.C., invest that money see the stock market explode. You will er. Just because it is unpopular does or you can invest that money your- see America explode economically in a not mean it is not the right thing to self,’’ I will guarantee that he will say, way that it had not exploded since the do. Just because less government may ‘‘I will invest it myself.’’ end of World War II. not be popular in Washington, D.C., Let us say that someone won a $50 Do Members know what? He was does not mean it is not the right thing million lottery across America and right. His prediction before the Com- to do. Just because destroying the they said they want to give all of their mittee on the Budget in early 1995 was death tax, cutting capital gains tax, money away to charity, they want to deadly accurate. It is a good thing that ending the marriage penalty and allow- help people. If I gave them the option, we listened to our hearts, that we lis- ing people that make from $45,000 to would they rather give that $50 million tened to the chairman of the Fed and $60,000 to pay less taxes, just because it to Federal bureaucracies or would they ignored the naysayers on the radical may be tough does not mean it is not rather give that $50 million to private left and ignored the President, who the right thing to do. It is the right charities, I will guarantee that they said, do not balance the budget; it is a thing to do. would give it to private charities in a very bad thing. It may seem radical to people whose second because Washington, D.C., does Facts are stubborn things. It was entire life, their entire existence is not have all the answers. Washington, only 1 year later when he was running based in Washington, D.C.; who believe D.C., cannot do it as well as commu- for president that he said his first pri- that all roads lead to Washington; who nities. All roads do not lead to Wash- ority would be to keep up the fight for believe that Washington knows how to ington, D.C. balancing the budget. It is very inter- spend out money better than we know Mr. Speaker, I still believe in the ge- esting, because he vetoed nine appro- how to spend our money; that believe nius of America. I still believe in the priation bills, he shut down the govern- Washington knows how to educate our genius of communities. And as the fa- ment, all because he did not want to children more than we know how to ther of two boys in public schools, I balance the budget in 7 years. He said educate our children; that believe that still believe parents know how to raise it would destroy the economy. Washington knows how to clean up their children and teach their children What has our work accomplished? crime better than communities know better than bureaucrats in the Federal What has the work of the gentleman how to clean up crime. It may seem Department of Education. Maybe that is not in vogue in 1999. from Ohio (Chairman KASICH) accom- radical to them, but it does not seem Maybe it is not in vogue to say that plished? What has Speaker Gingrich, radical to me. It did not seem radical Americans are paying too much in when he was still here as a Speaker, ac- to Ronald Reagan, and it certainly did taxes in 1999. Maybe the economy is complished? What has the courage of not seem radical to Thomas Jefferson. doing so well that Americans want to Mr. Speaker, we have to stop turning Republicans and conservative Demo- give the Federal Government more our backs on what made America so crats alike accomplished? money. Well, I hope not, because I do great. That is the individual. It is peo- Well, let us look at it. When we first not think that is good for America and got here 4 years ago the deficit was ap- ple. ‘‘GOP’’ in the past has stood for I do not think it is good for the Federal proaching $300 billion. Now we are told Government. Because if we give the Grand Old Party. I think that is a that the budget will balance in the Federal Government one dollar, they lousy name. I think that is a stupid, next year. When we first got here the will figure out a way to need two dol- lousy name. What we ought to say is Dow Jones was at 3,900. Today it is at lars next year. If we give them two, GOP stands for Government of the Peo- 9,500, and middle class Americans have they will need four. If we hire one em- ple. gotten involved in the market, in their ployee this year, they will figure out a 401(k) plans, and America is enjoying Now, why do I say that? Because think about it. Who is the one, who is way that they will need to hire two unprecedented economic growth. next year. the party that is saying parents and Unemployment is down. Inflation has We have got to get back to basics, teachers know more about educating remained down. America has not en- not only in this Congress, not only in joyed better times. Why? All because children than the Federal Department this country, but in this party. The we ignored the naysayers and the peo- of Education? Certainly not Demo- party of Lincoln, the party of Madison ple who said we cannot balance our crats. They believe that the Federal and Jefferson, the party that believes checkbooks, we cannot run Washington bureaucracy in education should con- that the genius of America lies in the the way middle-class Americans have tinue to grow, and the President has heart of America and not in Washing- to run their homes. We cannot do it. budgets to prove it. ton, D.C. We said, we can do it, Mr. President; Who believes Americans should keep So, hopefully, when we talk about and we will do it, Mr. President. And more of their money and Washington Social Security, we can keep our word because we did, America enjoys unprec- should take less? It is not the Demo- with the American people. We can stop edented economic growth. It is time for crats of the radical left. In fact, the stealing from Social Security. We can us to step back, not to assess credit, President of the United States went up stop the President’s plan dead in its not to assess blame, but just to say, let to Buffalo a few weeks ago and made a track to loot the Social Security trust us remember the facts and let us re- statement that I am sure he wishes he fund of $270 billion. $270 billion. We can member what got us here. The gen- could retract now. This is a statement stop the President’s plan to spend more tleman from Ohio (Chairman KASICH) that, unfortunately, reveals his heart and more money. And, yes, we can stop was for it. The Speaker was for it. when it comes to Washington, D.C. He the President’s plan to raise taxes by Every Republican was for it. A few said to this group about cutting taxes, almost $100 billion this year. Democrats were for it. The President he criticized Republicans because they We have tried that before. That is the was against it, and the radical left was actually wanted Americans to keep past. That is the history. I know his against it. more of their money, and he said: You poll ratings are high and every time know, we in Washington could let you they are high he comes to Congress and b 1515 keep more of your money and hope you he wants to spend more money and It is a good thing, a good thing that know how to spend it right. Oh, we can- raise more taxes. It happened in 1993. we stuck to our plan. not do that. We had the largest tax increase in the But yet, to hear the administration Hope? What is there to hope about? I history of the world. That is why I talk, one would think, my gosh, this mean, it is so painfully obvious that think I got elected in 1994, because of was our plan all along. It was not. It Americans know how to spend their his tax increase in 1993. I was against it just was not. And I suppose they can money better than Washington, D.C. I then; I am against it now. I think it is say it as much as they want to say it. will guarantee, Mr. Speaker, that if I immoral for the Federal Government They can take the credit as much as went to the President of the United to take half of what Americans earn. they want to take the credit. But facts States today and I said, ‘‘Mr. Presi- When we look at it, look at it and are stubborn things. dent, I have got $50 million for you, see. A great example is the death tax. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1005 Now, the radical left will tell us that months that we can debate the real over 1.2 million tourists last year, we the death tax is about nothing more issues and debate the real facts. If we anticipate, and we certainly hope that than helping the rich. Say that to the are talking about spending, we will we will get more. farmer that has spent his entire life keep spending down, we will adhere to In the course of trying to represent a with his hands in the soil building a the spending caps that we passed in territory of the United States, the fur- farm, praying to God every year that 1997. thest territory from Washington, D.C., his crops will come in, praying that he We have had Speaker HASTERT and and in the course of trying to represent will have something to pass on to his several others come out this week and some very special and unique condi- sons and his daughter, only to pass talk about their desire to stay in the tions which affect the people I rep- away and have his children have to pay spending caps. We have had the Presi- resent, it becomes necessary to try to 55 percent to the Federal Government dent of the United States talk about get some time to enter into the RECORD just because he had the bad fortune of more taxes, more spending, more gov- and to provide some information for dying. Fifty-five percent on money ernment, two very separate visions of those people who happen to be watch- that he has already paid taxes on eight America. ing some information about the kinds Mr. Speaker, Republicans are fight- or nine times. of issues that affect the people of Mr. Speaker, that is obscene. With ing hard to cut taxes. Hopefully, we Guam. the new collection of wealth in Amer- can cut the death tax. Hopefully, we I certainly would like to take the ica, with middle-class Americans that can help Americans that make $45,000 time to start off by talking about a to $60,000 get out of the 28 percent tax are actually getting to earn a little bit very special congressional delegation bracket and go to the 15 percent tax of money and investing in small busi- that went to Guam last month. In Feb- bracket. Why is an American making nesses and using their hands and using ruary, there was a Pacific congres- $45,000 paying 28 percent in Federal their minds and sweating day and sional delegation headed by the gen- taxes? That is insane and wrong. The tleman from Alaska (Mr. YOUNG), who night to build a small business in the Federal Government has enough is the chairman of the Committee on hope of passing the American dream on money. It does not need money that to their children, they find out that badly. Resources. He took a delegation which when they die, they are going to have Hopefully, when we talk about Social included the gentleman from California to pay 55 percent to the Federal Gov- Security we can say no to raiding the (Mr. ROHRABACHER), the gentleman ernment. And what is going to happen Social Security trust fund and say yes from California (Mr. DOOLITTLE), the to their small business? What is going to keeping Social Security off budget. gentleman from Minnesota (Mr. PETER- to happen to their small farm? They Say no to the President’s plan of SON), the gentleman from California are going to have to sell it. They are looting Social Security by $270 billion, (Mr. CALVERT), the gentleman from going to have to have a sale on the according to CBO, and say yes to the American Samoa (Mr. FALEOMAVAEGA), courtroom steps, because their children Herger plan, the Republican plan, to the gentlewoman from the Virgin Is- are not going to have the money to pay keep Social Security off budget. lands (Ms. CHRISTENSEN), and myself death taxes and keep that family busi- Mr. Speaker, if we do that and if we through a four-stop trip in the Pacific. ness or that family farm running. go back to what we were talking about The Committee on Resources, of Mr. Speaker, it makes no sense. It doing in 1995, which was balancing the which the gentleman from Alaska (Mr. makes no sense that Americans, while budget, cutting taxes, cutting spend- YOUNG) is chair, is the committee of ju- they are alive, spend half of the year ing, saving Social Security and being risdiction and responsibility over the paying for taxes, fees and regulations responsible with taxpayers’ money, insular areas. put on them by the government. then I think we will really be on to I want to take the time to thank the Now, what does that mean? That something and we will go into the next members of the congressional delega- means that when Americans wake up century and the new millennium a tion for taking time from a very busy to work on Monday, they are working stronger, freer, prouder country than schedule in order to go out to the Pa- for the government, and all day they we have in many, many years. cific. I think sometimes people think are working for the government. When That is my hope, that is my prayer, of these as trips that are taken at a they wake up and go to work on Tues- and that is what I will be fighting for. very leisurely pace and that not much day, they are still working to pay f is learned. But inasmuch as there is a great deal, perhaps, of misinformation taxes, fees and regulations to the gov- ISSUES AFFECTING THE PEOPLE or a lack of understanding or firsthand ernment. It is not until they come OF GUAM back from lunch on Wednesday after- knowledge about the insular areas, I noon that they are able to put aside a The SPEAKER pro tempore (Mr. took it as a great opportunity to do a few dollars for themselves and a few PEASE). Under the Speaker’s an- little teaching about the Pacific. I can dollars aside for their family and a few nounced policy of January 6, 1999, the testify that flying all over the Pacific, dollars aside for a mortgage. God help gentleman from Guam (Mr. UNDER- in which time is measured in hours of us all to be able to save a little bit of WOOD) is recognized for 60 minutes. flight time, cannot be very pleasant Mr. UNDERWOOD. Mr. Speaker, I money for our children’s education. when you make basically six stops in take the floor today in the course of a See, this is not the agenda that the the course of 10 days. President or the radical left want to special order to try to draw some at- In the course of the CODELs, the talk about, because what does this do? tention to issues which affect the peo- congressional delegation trips, they Why is this offensive to people on the ple I represent, the people of Guam. happened to stop, of course, on Guam. Mr. Speaker, Guam is a small island left? Because it makes sense? It makes They went to American Samoa, Guam, about 9,000 miles from here. It has sense I think to most Americans. But Saipan in the Commonwealth of the 150,000 proud U.S. citizens and offers Northern Marianas, and Majuro in the why is it offensive to people on the the United States a transit point Republic of the Marshall Islands. left? It is because it takes money out through which military power is pro- In the course of stopping in Guam, I of Washington, D.C., and returns it to jected into that part of the world. It is would like to say publicly that I cer- Americans. a cornerstone of America’s projection I think, in the end, the difference be- tainly appreciate the work of Governor of its military strength in Asia and the tween the right and the left is that the Guiterrez and many of the people on Pacific. left just does not trust Americans with Guam has a $10 billion military infra- Guam who made the visit most pleas- their own money. Like the President of structure. Our island is primarily influ- ant, I think, for the CODEL, the Mem- the United States said in Buffalo a few enced by Asian economic trends, and bers, the spouses that attended, as well weeks ago: Yeah, we could give you we have a fair-sized economy for a pop- as the staff that went. your money and hope that you spend it ulation of 150,000. Politics on Guam is very different the right way, but we just cannot do than politics here. Sometimes when we that. b 1530 try to deal with issues, we run into Mr. Speaker, I am hoping that we We have a $3 billion economy that is roadblocks of misunderstanding. It is will be coming to a time in the coming fueled primarily by tourism. We had very difficult to try to get the sense or H1006 CONGRESSIONAL RECORD — HOUSE March 4, 1999 try to explain the sense of the kinds of But for an area like Guam or the Vir- Moreover, the government of Guam situations that we confront. gin Islands or American Samoa or the should be granted the option, if fea- Yet, in the course of the congres- Northern Mariana Islands, that is not sible, to return some of the land that sional delegation visit, we did have the often seen as an option. Yet, there is they do get back to the original land opportunity to have a forum between no alternative given in order to find a owners. And this is a much contentious locally elected leaders, the Governor, fuller way to participate in the Amer- issue across a number of lines, because members of the Guam legislature and ican body politic. So, as a consequence, there are many bureaucracies in Wash- Members of Congress to have a dia- these are issues that are always just ington who fear that this will create logue, a roundtable discussion on some below the surface on any given issue. some precedence which would make it major issues. I would like to simply ad- It comes to the surface on some very difficult to deal with excess lands in dress a few of those issues. difficult things, like the establishment other parts of the United States. One is political status. Guam is an of a fish and wildlife refuge on Guam to But, again, given Guam’s unique ex- unincorporated territory of the United deal with endangered species. This was perience, given the fact that we must States. This goes back to a distinction a law that was passed in the U.S. Con- do what is right for the people of Guam made and rulings made by the Supreme gress and applied to Guam in the same and that we must do what is right in Court called the insular cases in which way that it applied to the 50 States, correcting this historical injustice, I a distinction was made between so- even though the people of Guam may think we should draft a provision called incorporated territories and un- not want the refuge. And in this in- which allows for that. incorporated territories. stance, they do not, even though the Another item which has surfaced also Unincorporated territories are those source of the problem is the applica- in the course of the discussions is the areas over which the United States has tion of a law in which the people of rate of illegal immigration into Guam, sovereignty but which are not destined Guam have no meaningful participa- primarily from China. I would like to or are not promised or there is no im- tion. discuss that at length a little bit later plied promise for becoming States. So there are a number of issues in this special order. This is to make a distinction of what which were raised. First of all, we dealt Lastly, compact-impact aid. It is use- was going on in the 19th century with with political status, and we hope that ful to have a little geography lesson areas of Oklahoma or Arizona or New we can continue the dialogue on this. about Guam. Guam is roughly 3,500 Mexico which were territories almost We hope that the Committee on Re- miles west of Hawaii, about 7 hours fly- always seen as States in waiting. sources will see fit to try to establish ing time. It is in the middle of a group The problem with unincorporated new models for governance, new ways of islands that geographically are territories is, realistically, as it stands in order to establish meaningful par- called Micronesia. Most of Micronesia now, unless we are able to conceptual- ticipation for citizens who do not par- was under a trust territory arrange- ize a new model for governance and ticipate in the formation of laws which ment from the United Nations called participation in the system, unincor- govern their lives. They do not elect a the Trust Territory of the Pacific Is- porated territories have very few op- president who is, nevertheless, their lands. Emerging out of that old Trust Terri- tions, particularly the smaller ones president in every sense of the word. One of the main issues that is always tory of the Pacific Islands are three have very few options, in order to be raised in the context of Guam is excess new independent nations that are in able to participate in the making of lands. These are military lands. The free association with the United laws which govern their lives. States. These new nations are called Unincorporated territories are terri- military condemned approximately 40 compact states. They are called FAS, tories that are represented here, one is percent of the land in Guam in the im- mediate post-World War II era in order Freely Associated States. These are not even represented here, the Com- to establish a network of military the Republic of Palau, the Federated monwealth of the Northern Mariana Is- bases which were subsequently used to States of Micronesia, and the Republic lands, represented here by individuals prosecute further World War II, to of the Marshalls. like myself who are not voting Mem- fight the Korean War, to win the Cold They have their own representation bers of Congress. War. in the United nations. They have am- Consequently, the people that we rep- But, basically, those lands were con- bassadors who are here in Washington, resent have no real meaningful partici- demned by military officials under au- D.C. The United States has ambas- pation in the making of laws which thority of this Congress when there sadors that are in those three areas of apply to the territories. Most of the were no representatives from Guam at Micronesia. laws apply to the territories in the that time, not even a nonvoting rep- Yet, because they share a very spe- same way that they apply to other resentative. cial relationship, they are the only areas. If there was anyone who wanted to independent countries in the world Moreover, even though the President contest that process of condemnation, that are allowed free migration into is our president as much as any other they had to take their case in front of the United States. I believe that that is American citizen, we do not vote for a military court. It was a closed sys- a good policy. In general, it is a good president. And, of course, the executive tem. It was a closed system, a very un- policy. But because of the proximity of branch of the Federal Government and American system, but a system that Guam, most of these migrants end up all its various agencies issue regula- was specifically authorized by Con- either in Guam, the vast majority end tions which in the main are applicable gress. It could be authorized by Con- up in Guam. Some end up in Hawaii. A to the territories in the same way that gress because, under the Constitution, few go on to the U.S. mainland. they are applied to the 50 States and Congress could pass virtually any kind As part of this treaty between the the District of Columbia. of law it sees fit with respect to the Freely Associated States and the As a consequence, it is always an territories. United States of America, which is a issue to try to figure out what is the So one of the issues is that today, as freely negotiated treaty, the United long-term process for resolving this sit- the military downsizes, as it changes States basically granted these nations uation, because it is a situation which its needs, is how to get as many lands the right to freely migrate. The people every American citizen must come to back to the government of Guam at no of Guam were not a party to those ne- grips with at some time. That is, how cost, back to the people of Guam at no gotiations. In fact, because of their sta- do you extend the meaning of the cost. tus as an unincorporated territory, phrase concept of the governed to some This is very different than any other they could not vote on that in the full 4 million Americans for whom that circumstance that may be experienced House proceedings that occurred here. phrase is not fully implemented? It is in any other area of the United States. So, as a consequence, one can say easy to say to aspire to statehood. Per- These lands were condemned by mili- that the obligation, the fulfillment of haps, Puerto Rico, because of its size tary courts primarily for a military this promise made by the United and its proximity and the relative purpose. Now that they no longer serve States Government falls on the people numbers that are at work there, it is a military purpose, they should go of Guam. Today, as we speak, approxi- easy to say that statehood is an option. back to the people of Guam. mately 10 percent of the population of March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1007 Guam are these migrants who come to line when excess land is declared by the On May 20, two people were arrested in Guam, who have no restrictions, no Federal Government. As it stands now, connection with the Ylig Bay incident. visa requirements, no monitoring, and and as it stands in most areas, when On May 22, 24 Chinese illegals and they are simply allowed. there is Federal excess lands which the three smugglers were apprehended off When the compacts were passed, the Federal Government no longer needs, of Guam’s eastern shore. On June 8, 75 U.S. Congress did put a statement in they offer it to other Federal agencies Chinese nationals were apprehended off there that the social and educational first. So if the Department of Defense of Tanguisson. On June 18, a federally costs of the migration of these people had a runway that they no longer need- funded report on the Commonwealth of into the territories like Guam, they ed, they would simply check out all the the Northern Marianas, our neighbors were mindful that something like this other Federal agencies. Obviously, to the north, found that some 200 Chi- would happen, would be reimbursed by when they do that, to be sure, one or nese citizens were smuggled from the Federal Government. more Federal agencies are going to find Saipan to Guam and are in various Well, guess what? The first compacts a use for it. stages of a political asylum process. On were negotiated and implemented in So what our legislation would do and June 26, 12 of the Chinese nationals 1985 and 1986. It has gone on almost 15 what we would like to put into the caught at Tanguisson on June 8 were years. The government annually esti- Guam omnibus act is legislation which discovered to have hepatitis B. On Sep- mates that these social and edu- would treat the government of Guam tember 15, 48 Chinese illegals were ap- cational costs, because of the disparity as a Federal agency and put them at prehended off Mangilao. On December in medical treatment opportunities be- the head of the line whenever any Fed- 25, Christmas day, 11 suspected Chinese tween Guam and the other areas, be- eral agency declares that land is to be illegals were apprehended near Guam cause of the disparity in educational excess. Reef Hotel, which is a big hotel, and it and health services, that we estimate Given the nature of how this land is in the middle of a tourist area. It has that this figure is about anywhere be- was originally taken, condemned by become even more brazen as times goes tween $15 million and $20 million a military authorities under a grant of on. year since 1986. But, today, the U.S. authority by Congress and condemned It is important to understand that Government only reimburses the peo- by military authorities and adju- this rash of Chinese illegal immigrants ple of Guam $4.5 million. dicated in courts presided over by peo- is very unlike what we normally think So we are very concerned about this. ple in uniform, a closed system, it is of as a source of illegal immigration. We took the opportunity to explain it only fair that we provide the oppor- Most of us think, and, quite honestly, I to the Members of Congress who took tunity for the people of Guam to have myself am very sympathetic with first crack at the return of excess the time to come to Guam and also many illegal immigrants who come to lands. took the time to recognize the work in this country, because they usually In addition, another provision we come as people who are in economi- this process and the fulfillment of a would like to put in an omnibus bill, a cally destitute situations, who are sim- long-time commitment by the gen- bill to correct many of these inequities ply trying to find a new way of life, tleman from Alaska (Mr. YOUNG) to go which the people of Guam experience, trying to find a way to economically out to Guam and personally listen to we would like to put in a requirement improve themselves. If they find a way the problems. in which the Department of Interior to cross the border to our southwest b 1545 will make a report and provide statis- and they find a way to get a job, even- tical information and monitor the flow I am also pleased to note that the tually, many of them, if they find a of migrants from the Freely Associated gentleman from Alaska (Mr. DON way to live through all of that, become States. And that, moreover, in fulfill- YOUNG), the chairman of the Commit- quite successful in living inside the tee on Resources, has agreed to try to ing this requirement, they make an es- timate about the costs that are in- United States. work with me on some legislation, a Now, I am not advocating illegal im- volved in terms of providing these mi- kind of an omnibus bill for Guam. migration, but that is what we nor- grants who come to Guam, and who In that omnibus bill there are some mally think of as the kind of illegal come to other places inside the United provisions that we would like to put in. immigration. One is to correct an anomaly in States, the cost of taking care of their The kind of illegal immigration that social needs and their educational Guam’s Supreme Court. Because the is occurring in Guam from China is needs. territories are governed by an organic very different. This is part of a well-or- The other item which I would like to act, or an organizing act, this is the talk about and take some time on is chestrated, highly-organized criminal basic law that governs the government about the rash of illegal immigration network operating inside Fujian Prov- of Guam or the government of the Vir- which has come to Guam. Guam is ap- ince, inside China, in which the people gin Islands. proximately, if one were to take a will go out and buy a very decrepit These organic acts are passed by Con- flight direct to Hong Kong, is approxi- fishing boat that will barely survive an gress. They are not passed by the peo- mately 4 flying hours to Hong Kong, extended journey, which takes any- ple in those territories. And so if we but that represents a great expanse of where between 18 to 22 sailing days to want to seek a change to them, we ocean. get to Guam. They will load these peo- have to come to Congress to make Last year in particular, and this year ple up, take them off to a point off of those changes. already, Guam has experienced a surge Guam, and then, through some coordi- Guam was allowed to have its own in Chinese illegal immigration. As a re- nation with people onshore, they will Supreme Court, but because of the way sult, ironically, of some liberalization ferry them in by smaller boats and it was worded, it ends up that a lower in internal policies inside China as well then, hopefully, once they get caught, court, the Superior Court, actually has as the economic problems they are ex- and almost all of them do get caught, control over the court system. This is periencing and a very skillfully orga- they will claim political asylum. Then a good-sense measure. It violates most nized crime syndicate inside China, the process of adjudicating these asy- of the ways that the States and other there has been a rash of Chinese illegal lum requests ensures that, by and territories run their court systems. If immigrants coming into Guam. large, most of them will stay on. my colleagues can imagine that a dis- The rundown of events is shocking to These people who are coming to trict court or one of the Federal circuit a place that has only 150,000 people. Guam’s shores in this way are respon- courts would have more control over Last year, we estimated that about 700 sible for coughing up anywhere be- the court system than the U.S. Su- illegal Chinese immigrants found their tween $8,000 and $10,000 each. If they preme Court, that is the situation we way to Guam, and this year the Coast are taken all the way to North Amer- have on Guam, and we can correct that Guard estimates that anywhere be- ica, they are responsible for coming up with a change in the organic act. tween 1,200 and 1,700 will find their way with about $35,000 each. A boatload, a Also in a proposed omnibus bill we to Guam in 1999. decrepit fishing boat that can take and want to put the government of Guam, Last year, on May 11, 10 Chinese move them from the coast of China il- the people of Guam, at the head of the illegals were dropped off at Ylig Bay. legally. H1008 CONGRESSIONAL RECORD — HOUSE March 4, 1999 The People’s Republic of China is not of political asylum to advance a crimi- again so that this legislation which I encouraging this. They are a little em- nal agenda. The only people who make have proposed not be misunderstood. barrassed by it, frankly, but this is the money off of this enterprise are not There is a minimum threshold which is work of criminal organizations. even the individual illegal immigrants internationally recognized, how na- They will take that boat and move themselves but rather the criminals tions are supposed to deal with people them to Guam. But they barely get to who organize this network. who make political asylum claims. The Guam or they barely get near the coast If they can get a decrepit fishing boat United States in its wisdom has a more of Guam, and they are usually diseased for $100,000 and charge this human generous threshold on that. And so by that time or diseased to begin with. cargo of misery and get them to Guam, when INS officers are confronted with Many of them are beaten. Many of they can make $5 million on that as this claim, they have limited move- them are living in holds that are meant they go through that process. And the ment, limited freedom of action in for catching tuna, and so they live in inducement to that, the incentive to order to deal with it. In our case, be- some shocking conditions. that, the conduit for that is basically cause these illegal immigrants are ba- I got a complete briefing on this by existing immigration and naturaliza- sically part of a network of criminal the U.S. Coast Guard, and it is a scan- tion, the existing INA Act as applied activities, they are all men in their 20s, dal as to how these people are being on Guam. they are carefully selected because treated. Now, the reason, going back to these men will work for many, many Most of them are men in their 20s. Guam’s status as an unincorporated years and will continue to pump money And the reason why most of them are territory, that we can make a change back into the crime syndicate which men in their 20s is because they really in the law which gives INS officers this brought them over, it is important do become indentured servants once kind of flexibility on Guam but not that we remove that incentive for the they get in the United States because that kind of flexibility in other areas, time being in order to deal with this they have to pay off an enormous debt. is because Guam is not part of the and to end this problem. I would add that this is a growing problem not only So this is a planned criminal activity United States for all purposes. So try- in Guam although Guam is the first which preys upon human hope and ing to utilize that flexibility in order part but even as far away as the Virgin practices human misery. to deal with an immediate situation is Islands, there are incidents once in a And then, at the other end of it, once something that I think is widely sup- they get in the United States, there is while in which there are people being ported on Guam and certainly widely smuggled in from China by criminal or- planned indentured servitude which supported even by the law enforcement goes on for year after year after year. ganizations. This is a widespread prob- agents that are working on this. lem. In our case I think it makes sense So this whole stream of criminal activ- It is important to understand that to try to deal with it in the way that ity that affects my constituency on sometimes many of us do not think of I have just outlined. Guam is part of a planned criminal net- the U.S. Coast Guard as particularly Lastly, I would like to address a work. hazardous duty, but the Coast Guard problem very briefly which affects ev- In order to deal with it, I have intro- has to interdict these vessels and they eryone, and, that is, the Y2K problem. duced legislation which will take are facing some very rough situations. I think our contemporary world is ever Guam out of the INA, the Immigration b 1600 more dependent on computers to assist and Naturalization Act, for purposes of with and manage our daily lives. From easy political asylum. Now, what that They are dealing with some criminal organizations and people who are very the ATM machine to the desktop PC, means is that if, for example, the Chi- to the pacemaker, to air traffic control desperate and there has been some very nese illegal immigrants come to Guam systems, computers and their myriad serious, violent incidents at sea as a re- and they are caught, and invariably all of programs all work in concert to sult of this. I want to publicly ac- of them will be caught in one way or make our lives better and more produc- knowledge the work of the Coast Guard another, because Guam is not a very tive. On my home island of Guam, com- and also call on the Coast Guard to de- large place. And if an individual is Chi- puters have improved mass commu- vote more resources to the Pacific area nese and does not speak much English, nication with the U.S. mainland and in order to deal with this. As part of a someone will notice. When they are overseas areas in all facets of life, law, package which I am not sure of its cur- caught, they are then instructed to business, government, commerce, mili- rent status here in the House but there claim some kind of asylum. Under ex- tary, trade, transportation and perhaps isting INA laws, the immigration offi- is an emergency package, the Central most important for us, staying in cers are very limited in their flexibil- American and Caribbean Relief Act touch with our families wherever they ity to deal with that. which is supposed to be marked up may be throughout the world. Because I am not proposing that we eliminate today, I am not sure that it was, but in our lives on Guam are so intertwined political asylum all together, because that they are hoping to give some with computers, the year 2000 or the there is a minimum standard which we money to INS in order to deal with the Y2K problem may pose quite a crip- must adhere to as a country no matter immigrant situation which occurred as pling problem to many communities. I where political asylees come from. And a result of Hurricane Mitch in Central want to point out that the year 2000 there may be, in the future, legitimate America. A little part of that funding will first be experienced on Guam, 15 claims for political asylum. But what is going to go to deal with the Guam hours before it will be experienced we have to do is pass a law which gives situation and so I am hopeful that that here. So if we are going to get some the INS officers the flexibility to say, package passes here in the House and computer glitches, we are going to feel no, this individual is part of a criminal eventually in the other body. What INS them in Guam right away. process trading in human misery, and has done on Guam is with one group of The Y2K problem was created by a what we are going to do is we are going 80 Chinese illegal immigrants found in programming oversight. As a result of to detain this individual until we find a Guam in January, is because INS had an archaic, two-digit dating system in way to get them back to China. no more funds to adjudicate them, to computer software and hardware, vital And if we do that, even if we are al- prosecute them, no more funds to de- systems may be knocked off-line on lowed to do that with one boatload, tain them, they decided to turn them January 1, 2000, creating cyber-havoc then that will be enough deterrence for loose on Guam. Many of these people for many. This concern has led the the people who are making money off have hepatitis, many of these people General Accounting Office to elect the of this human misery to know that suffer from tuberculosis and almost all Y2K problem to the top of the ‘‘high that route for them is closed. of them test positive for tuberculosis, risk’’ list for every Federal agency. It is a very sad commentary on what so all of them have had contact with There exists a Congressional Re- goes on in that part of the world, but it TB. Because of our concern on Guam, search Service report, requested at the is important to understand that the the government of Guam has willingly behest of Senator DANIEL PATRICK loophole that we are trying to close is taken up the cause for detaining them. MOYNIHAN over 3 years ago, dealing not borne out of an opposition to polit- That is our situation with the illegal with the implications of the Y2K prob- ical asylum. Rather it is the utilization immigrant problem. I want to stress lem. The report states, among other March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1009 things, that the year 2000 problem is a be excluded from this important pro- Dr. Jill Shapiro, Ph.D. of Tiburon, CA. serious problem and the cost of rectify- gram, an apparent and accidental over- Yours Very Truly, ing it will indeed be rather high. sight of the Senate version. I will not RICHARD A. GEPHARDT. Now, the Federal Government, and tell my colleagues how many over- f we have heard about this and read sights we have experienced similar to RESIGNATION AS MEMBER OF about it almost on a daily basis, has those, but certainly those of us from COMMITTEE ON GOVERNMENT become rather proficient in getting its the territories are always cognizant of REFORM agencies and its departments to com- the fact that many legislative items do ply with the inevitable reprogramming not address our needs until we take The SPEAKER pro tempore laid be- that is required to fix this bug. But not specific action to take care of that. I fore the House the following resigna- without some effort. Both the Senate urge all of my colleagues to support tion as a member of the Committee on and the House have truly taken the this bipartisan and fiscally responsible Government Reform: lead on this pressing issue. Under the and necessary legislation. I would like HOUSE OF REPRESENTATIVES, gentle prodding of Senators MOYNIHAN, to thank the gentlewoman from the Washington, DC, March 3, 1999. BENNETT and DODD as well as the gen- Virgin Islands (Mrs. CHRISTIAN- Hon. J. DENNIS HASTERT, Speaker, House of Representatives, tleman from California (Mr. HORN), the CHRISTENSEN), the gentlewoman from Washington, DC. President appointed a Y2K Council to the District of Columbia (Ms. NORTON), DEAR MR. SPEAKER: As you may know, I get the government, the U.S. Govern- the gentleman from Puerto Rico (Mr. have been appointed to serve on the Perma- ment, the Federal Government, focused ROMERO-BARCELO´ ) and the gentleman nent Select Committee on Intelligence by on this issue. They have done well from American Samoa (Mr. Minority Leader Richard A. Gephardt of Mis- enough that many citizens do not fear FALEOMAVAEGA) for lending their sup- souri. the end of the year despite the rhetoric port as the representatives from non- I respectfully request a leave of absence of many doomsayers. That said, to par- State areas of the United States. Fi- from the Committee on Government Reform aphrase Robert frost, we have many nally, I want to especially thank the and Oversight for the duration of my service on the Permanent Select Committee on In- gentleman from California (Mr. HORN) miles yet to go before we sleep. telligence. In accordance with the rules of Up until today, States, territories and Senators MOYNIHAN, BENNETT and the Democratic Caucus, I will retain my se- and local authorities have been left to DODD for taking the lead on educating niority on the Committee on Government their own devices in terms of fixing the all Americans on the Y2K problem as Reform and Oversight during this period. year 2000 problem. While most of the well as legislating wise solutions to Sincerely, Federal Government’s critical services ameliorate its potentially harmful ef- GARY A. CONDIT, may be Y2K compliant by January 1, fects. This is good legislation. I think Member of Congress. 2000, many of the States and local ju- it deserves careful scrutiny in order to The SPEAKER pro tempore. Without risdictions will not be. This includes assist local governments that deal pri- objection, the resignation is accepted. Guam and other territories. In Guam, marily with Federal programs to make There was no objection. for example, the local Office of the sure that there are no glitches in the f Public Auditor recently released a system as we celebrate the end of 1999. LEAVE OF ABSENCE study outlining the territorial Y2K Again I want to reiterate, I want to problem. While some of the govern- express my personal gratitude to the By unanimous consent, leave of ab- ment of Guam’s departments are Y2K gentleman from Alaska (Mr. YOUNG) sence was granted to: compliant ahead of schedule, many are and all the Members of Congress who Mrs. CHENOWETH (at the request of not. Guam’s Department of Public went on the congressional delegation Mr. ARMEY), for today, on account of Works and Department of Public to the Pacific areas to try to deal with illness. Health and Social Services, both life- some of the problems, to understand f blood agencies for both Guam’s public some of the problems experienced by SPECIAL ORDERS GRANTED infrastructure and poor and handi- Guam, the Northern Marianas, Amer- capped, do not have enough money or ican Samoa, and the Republic of the By unanimous consent, permission to are behind in scheduling and perform- Marshalls, which was kind of a State address the House, following the legis- ing Y2K conversions. The story is the visit. These islands represent a mar- lative program and any special orders same throughout the country in many velous part of the world, a part of the heretofore entered, was granted to: cities, counties, towns and territories: world that is frequently romanticized (The following Members (at the re- time is running out or the money has and sometimes misunderstood. These quest of Mr. PASTOR) to revise and ex- already run out. are real people with real-life stories tend their remarks and include extra- The bill which I have introduced and compelling stories to tell. All of neous material:) today will establish a program that them have made an enormous contribu- Ms. NORTON, for 5 minutes, today. will allow States and territories to tion to the United States in one way or Ms. JACKSON-LEE of Texas, for 5 min- apply for funding to initiate Y2K con- another and are deserving of the re- utes, today. spect and dignity of human beings and versions of State computer systems Mr. MCGOVERN, for 5 minutes, today. U.S. citizens everywhere. which distribute Federal money for Mr. LEWIS of Georgia, for 5 minutes, vital welfare programs such as Medic- f today. aid, food stamps, supplemental nutri- COMMUNICATION FROM THE HON- Mr. SANDERS, for 5 minutes, today. tion program for women, infants and ORABLE RICHARD A. GEPHARDT, (The following Members (at the re- children, better known as WIC; child DEMOCRATIC LEADER quest of Mr. HAYES) to revise and ex- tend their remarks and include extra- support enforcement, child care and The Speaker pro tempore (Mr. WAL- neous material:) child welfare, and Temporary Assist- DEN of Oregon) laid before the House ance for Needy Families, better known the following communication from the Mr. SHIMKUS, for 5 minutes, today. as TANF. Through the application of Honorable RICHARD A. GEPHARDT, Mr. GUTKNECHT, for 5 minutes, today. Y2K technical assistance funds for Democratic Leader: Mr. ENGLISH, for 5 minutes, today. Mr. NETHERCUTT, for 5 minutes, these programs, we can ensure that the HOUSE OF REPRESENTATIVES, lifeblood of many of the poorest Ameri- OFFICE OF THE DEMOCRATIC LEADER, today. cans will not be disrupted by the turn Washington, DC, March 4, 1999. Mr. SCHAFFER, for 5 minutes, today. of the calendar. Hon. J. DENNIS HASTERT, Mr. GILMAN, for 5 minutes, today. This vital legislation, which I have Speaker of the House, House of Representatives, f introduced today, is the House compan- Washington, DC. ion bill to the Moynihan-Bennett-Dodd DEAR MR. SPEAKER: Pursuant to section ADJOURNMENT 5(a) of Public Law 105–255, I hereby appoint bill, S. 174 as introduced in the Senate. the following individual to the Commission Mr. UNDERWOOD. Mr. Speaker, I We have modified the original Senate on the Advancement of Women and Minori- move that the House do now adjourn. vehicle to ensure that the territories ties in Science, Engineering, and Technology The motion was agreed to; accord- and the District of Columbia will not Development: ingly (at 4 o’clock and 12 minutes H1010 CONGRESSIONAL RECORD — HOUSE March 4, 1999 p.m.), under its previous order, the the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness House adjourned until Monday, March Directives; Pratt & Whitney JT9D Series Directives; Bell Helicopter Textron, Inc. 8, 1999, at 2 p.m. Turbofan Engines [Docket No. 98–ANE–28– Model 214ST Helicopters [Docket No. 98–SW– AD; Amendment 39–11029 AD 99–04–05] (RIN: 27–AD; Amendment 39–11037; AD 99–04–13] f 2120–AA64) received February 22, 1999, pursu- (RIN: 2120–AA64) received February 22, 1999, EXECUTIVE COMMUNICATIONS, ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. on Transportation and Infrastructure. mittee on Transportation and Infrastruc- 895. A letter from the General Counsel, De- ture. Under clause 8 of rule XII, executive partment of Transportation, transmitting 905. A letter from the General Counsel, De- communications were taken from the the Department’s final rule—Amendment of partment of Transportation, transmitting Speaker’s table and referred as follows: Class E Airspace; Griffin, GA [Airspace the Department’s final rule—Airworthiness 885. A communication from the President Docket No. 98–ASO–26] received February 22, Directives; Agusta S.p.A. Model A109K2 Heli- of the United States, transmitting a request 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the copters [Docket No. 97–SW–57–AD; Amend- to make available previously appropriated Committee on Transportation and Infra- ment 39–11045; AD 99–04–20] (RIN: 2120–AA64) contingent emergency funds for the Depart- structure. received February 22, 1999, pursuant to 5 896. A letter from the General Counsel, De- ment of Energy; (H. Doc. No. 106–35); to the U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting Committee on Appropriations and ordered to Transportation and Infrastructure. the Department’s final rule—Amendment to 906. A letter from the General Counsel, De- be printed. Class E Airspace; Burlington, KS [Airspace partment of Transportation, transmitting 886. A letter from the General Counsel, De- Docket No. 98–ACE–45] received February 22, the Department’s final rule—Removal of partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Anaconda, MT [Airspace the Department’s final rule—Uniform Cri- Committee on Transportation and Infra- Docket No. 98–ANM–16] received February 22, teria for State Observational Surveys of Seat structure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Belt Use [Docket No. NHTSA–98–4280] (RIN: 897. A letter from the General Counsel, De- Committee on Transportation and Infra- 2127–AH46) received February 22, 1999, pursu- partment of Transportation, transmitting structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Amendment to 907. A letter from the General Counsel, De- on Commerce. Class D and Class E Airspace; St. Joseph, MO partment of Transportation, transmitting 887. A communication from the President [Airspace Docket No. 98–ACE–49] received the Department’s final rule—Airworthiness of the United States, transmitting a report February 22, 1999, pursuant to 5 U.S.C. Directives; Sikorsky Aircraft Corporation on the status of efforts to obtain Iraq’s com- 801(a)(1)(A); to the Committee on Transpor- Model S–76C Helicopters [Docket No. 98–SW– pliance with the resolutions adopted by the tation and Infrastructure. 81–AD; Amendment 39–11040; AD 99–01–09] U.N. Security Council, pursuant to Public 898. A letter from the General Counsel, De- (RIN: 2120–AA64) received February 22, 1999, Law 102–1, section 3 (105 Stat. 4); (H. Doc. No. partment of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 106–34); to the Committee on International the Department’s final rule—Airworthiness mittee on Transportation and Infrastruc- Relations and ordered to be printed. Directives; Saab Model SAAB SF340A and ture. 888. A communication from the President SAAB 340B Series Airplanes [Docket No. 98– 908. A letter from the General Counsel, De- of the United States, transmitting a report NM–373–AD; Amendment 39–11031; AD 99–04– partment of Transportation, transmitting on progress toward a negotiated settlement 07] (RIN: 2120–AA64) received February 22, the Department’s final rule—Airworthiness of the Cyprus question covering the period 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Schweizer Aircraft Corporation October 1 to November 30, 1998, pursuant to Committee on Transportation and Infra- Model 269C–1 Helicopters [Docket No. 98–SW– 22 U.S.C. 2373(c); to the Committee on Inter- structure. 39–AD; Amendment 39–11038; AD 99–04–14] re- national Relations. 899. A letter from the General Counsel, De- ceived February 22, 1999, pursuant to 5 U.S.C. 889. A letter from the Comptroller General partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- of the United States, transmitting a copy of the Department’s final rule—Standard In- tation and Infrastructure. his report for FY 1998 on each instance a fed- strument Approach Procedures; Miscellane- 909. A letter from the General Counsel, De- eral agency did not fully implement rec- ous Amendments [Docket No. 29463; Amdt. partment of Transportation, transmitting ommendations made by the GAO in connec- No. 1914] (RIN: 2120–AA65) received February the Department’s final rule—Airworthiness tion with a bid protest decided during the 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Directives; McDonnell Douglas Helicopter fiscal year, pursuant to 31 U.S.C. 3554(e)(2); the Committee on Transportation and Infra- Systems Model 369D, 369E, 369FF, 369H, to the Committee on Government Reform. structure. MD500N, and MD600N Helicopters [Docket 890. A letter from the Comptroller General 900. A letter from the General Counsel, De- No. 97–SW–61–AD; Amendment 39–11036; AD of the United States, transmitting a report partment of Transportation, transmitting 99–04–12] (RIN: 2120–AA64) received February on General Accounting Office employees de- the Department’s final rule—Standard In- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to tailed to congressional committees as of strument Approach Procedures; Miscellane- the Committee on Transportation and Infra- January 22, 1999; to the Committee on Gov- ous Amendments [Docket No. 29464; Amdt. structure. ernment Reform. No. 1915] (RIN: 2120–AA65) received February 910. A letter from the General Counsel, De- 891. A letter from the Director, Federal 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Transportation, transmitting Emergency Management Agency, transmit- the Committee on Transportation and Infra- the Department’s final rule—Amendment to ting notification that funding under title V structure. Class E Airspace; Mexico, MO [Airspace of the Stafford Act, as amended, will exceed 901. A letter from the General Counsel, De- Docket No. 99–ACE–4] received February 22, $5 million for the response to the emergency partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the declared on September 28, 1998 as a result of the Department’s final rule—Standard In- Committee on Transportation and Infra- Hurricane Georges, pursuant to 42 U.S.C. strument Approach Procedures; Miscellane- structure. 5193; to the Committee on Transportation ous Amendments [Docket No. 29465; Amdt. 911. A letter from the Assistant Secretary and Infrastructure. No. 1916] (RIN: 2120–AA65) received February for Legislative Affairs, Department of State, 892. A letter from the General Counsel, De- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting a letter regarding funding the partment of Transportation, transmitting the Committee on Transportation and Infra- Executive Branch intends to make available the Department’s final rule—Airworthiness structure. from funding levels established in the For- Directives; Transport Category Airplanes 902. A letter from the General Counsel, De- eign Operations, Export Financing, and Re- Equipped with Day-Ray Products, Inc., Fluo- partment of Transportation, transmitting lated Programs Appropriations Act, 1999; rescent Light Ballasts [Docket No. 96–NM– the Department’s final rule—Revocation and jointly to the Committees on International 163–AD; Amendment 39–11034; AD 99–04–10] Establishment of Restricted Areas; NV [Air- Relations and Appropriations. (RIN: 2120–AA64) received February 22, 1999, space Docket No. 98–AWP–27] (RIN: 2120– f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA66) received February 22, 1999, pursuant to mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON ture. Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS 893. A letter from the General Counsel, De- 903. A letter from the General Counsel, De- Under clause 2 of rule XIII, reports of partment of Transportation, transmitting partment of Transportation, transmitting committees were delivered to the Clerk the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness Directives; International Aero Engines AG Directives; Boeing Model 727, 727–100, 727–200, for printing and reference to the proper (IAE) V2500–A5/–D5 Series Turbofan Engines 727C, 727–100C, and 727–200F Series Airplanes calendar, as follows: [Docket No. 98–ANE–08–AD; Amendment 39– [Docket No. 99–NM–16–AD; Amendment 39– Mr. SHUSTER: Committee on Transpor- 11027; AD 99–04–03] (RIN: 2120–AA64) received 11047; AD 99–04–22] (RIN: 2120–AA64) received tation and Infrastructure. H.R. 819. A bill to February 22, 1999, pursuant to 5 U.S.C. February 22, 1999, pursuant to 5 U.S.C. authorize appropriations for the Federal 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Maritime Commission for fiscal years 2000 tation and Infrastructure. tation and Infrastructure. and 2001 (Rept. 106–42). Referred to the Com- 894. A letter from the General Counsel, De- 904. A letter from the General Counsel, De- mittee of the Whole House on the State of partment of Transportation, transmitting partment of Transportation, transmitting the Union. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1011 PUBLIC BILLS AND RESOLUTIONS By Mr. FORBES: Mr. HILLEARY, Mr. FLETCHER, Mr. H.R. 977. A bill to amend the Internal Rev- EVERETT, Mr. TANCREDO, Mr. SALM- Under clause 2 of rule XII, public enue Code of 1986 to establish, and provide a ON, Mr. FORBES, and Mr. MCCOLLUM): bills and resolutions were introduced checkoff for, a Biomedical Research Fund, H.R. 982. A bill to prohibit the expenditure and severally referred, as follows: and for other purposes; to the Committee on of Federal funds for the distribution of nee- By Mr. GILMAN (for himself and Mr. Ways and Means, and in addition to the Com- dles or syringes for the hypodermic injection GEJDENSON): mittee on Commerce, for a period to be sub- of illegal drugs; to the Committee on Com- H.R. 973. A bill to modify authorities with sequently determined by the Speaker, in merce. respect to the provision of security assist- each case for consideration of such provi- By Mr. BALDACCI (for himself, Ms. ance under the Foreign Assistance Act of sions as fall within the jurisdiction of the DELAURO, Mr. ENGLISH, Mr. ROTH- 1961 and the Arms Export Control Act, and committee concerned. MAN, Mrs. LOWEY, Mr. GEJDENSON, for other purposes; to the Committee on By Mr. ANDREWS: Mr. ALLEN, and Mr. DOYLE): H.R. 978. A bill to amend the National International Relations. H.R. 983. A bill to amend the Federal Meat Labor Relations Act to ensure that certain By Mr. DAVIS of Virginia (for himself, Inspection Act and the Poultry Products In- orders of the National Labor Relations Board Ms. NORTON, Mrs. MORELLA, Mr. spection Act to provide for improved public are enforced to protect the rights of employ- HOYER, Mr. WYNN, Mr. HORN, Mr. health and food safety through enhanced en- ees; to the Committee on Education and the CUNNINGHAM, Mr. EHRLICH, and Mr. forcement; to the Committee on Agriculture. Workforce. MORAN of Virginia): By Mr. CRANE (for himself, Mr. KOLBE, By Mr. STRICKLAND (for himself, Mr. H.R. 974. A bill to establish a program to Mr. RANGEL, and Mr. MATSUI): KING of New York, Mr. SWEENEY, Mr. afford high school graduates from the Dis- H.R. 984. A bill to provide additional trade HOLDEN, Ms. SCHAKOWSKY, Mr. GREEN trict of Columbia the benefits of in-State benefits to certain beneficiary countries in of Texas, Mrs. MALONEY of New York, tuition at State colleges and universities the Caribbean, to provide assistance to the Mr. WALSH, and Mr. COYNE): outside the District of Columbia, and for H.R. 979. A bill to ensure that services re- countries in Central America and the Carib- other purposes; to the Committee on Govern- lated to the operation of a correctional facil- bean affected by Hurricane Mitch and Hurri- ment Reform, and in addition to the Com- ity and the incarceration of inmates are not cane Georges, and for other purposes; to the mittee on Ways and Means, for a period to be provided by private contractors or vendors Committee on Ways and Means, and in addi- subsequently determined by the Speaker, in and that persons convicted of any offenses tion to the Committees on International Re- each case for consideration of such provi- against the United States shall be housed in lations, Banking and Financial Services, the sions as fall within the jurisdiction of the facilities managed and maintained by Fed- Judiciary, and Armed Services, for a period committee concerned. eral employees; to the Committee on the Ju- to be subsequently determined by the Speak- By Mr. VISCLOSKY (for himself, Mr. diciary. er, in each case for consideration of such pro- QUINN, Mr. TRAFICANT, Mr. NEY, Mr. By Mr. TALENT (for himself, Ms. visions as fall within the jurisdiction of the KUCINICH, Mr. ENGLISH, Mr. MURTHA, VELA´ ZQUEZ, Mr. ENGLISH, Mrs. THUR- committee concerned. Mr. ADERHOLT, Mr. KLINK, Mr. REG- MAN, Mr. PORTMAN, Mr. JEFFERSON, By Mr. GALLEGLY (for himself, Mr. ULA, Mr. DINGELL, Mr. WELLER, Mr. Mr. PACKARD, Mr. SHOWS, Mr. DOOLEY METCALF, Mr. ROHRABACHER, Mrs. GEPHARDT, Mr. GEKAS, Mr. BONIOR, of California, Mr. BACHUS, Mr. GON- TAUSCHER, Mr. HERGER, Mrs. THUR- Mr. STRICKLAND, Mr. GANSKE, Mr. ZALEZ, Mr. SESSIONS, Mr. WATTS of MAN, Mr. NETHERCUTT, Mr. TAYLOR of CARDIN, Mr. FRANKS of New Jersey, Oklahoma, Mr. WISE, Mr. BARTLETT Mississippi, Mr. FOLEY, Mr. OXLEY, Mr. COYNE, Mr. BERRY, Mr. PETERSON of Maryland, Mrs. MCCARTHY of New Mr. WALSH, Mr. ENGLISH, Mr. HOB- of Pennsylvania, Mr. OBERSTAR, Mr. York, Mrs. CAPPS, Ms. DUNN, Mr. SON, Ms. DANNER, Mr. BILBRAY, Mr. GOODLING, Ms. KAPTUR, Ms. MCCAR- HULSHOF, Mrs. MINK of Hawaii, Mr. CUNNINGHAM, Mr. MCKEON, Mr. SMITH THY of Missouri, Mr. GILLMOR, Mr. SALMON, Mr. GREEN of Texas, Mr. of Washington, Mr. BOYD, and Mr. WISE, Mr. EHRLICH, Mr. MOAKLEY, Mr. THUNE, Mr. SWEENEY, Mr. BRADY of SAXTON): MOLLOHAN, Mr. RAHALL, Mr. DOYLE, Pennsylvania, Ms. KILPATRICK, Mr. H.R. 985. A bill to amend title 49, United Mr. COSTELLO, Mr. CLYBURN, Mr. HILL of Montana, Mr. PEASE, Mrs. States Code, concerning the treatment of MATSUI, Mr. LIPINSKI, Mr. EVANS, Mr. KELLY, Mr. LOBIONDO, Mr. HEFLEY, certain aircraft as public aircraft; to the BLAGOJEVICH, Mr. SANDLIN, Mr. Mr. CHABOT, Mr. DAVIS of Illinois, Committee on Transportation and Infra- HOLDEN, Mr. ROEMER, Mr. PAYNE, Mr. Mr. ARMEY, Mr. FROST, Mr. DEMINT, structure. BISHOP, Mr. BRADY of Pennsylvania, Mr. MANZULLO, Mr. PITTS, Mr. By Mr. BARCIA (for himself, Mr. Ms. MILLENDER-MCDONALD, Mr. FORBES, Mr. PAUL, Mr. UDALL of New LAMPSON, Mr. ROYCE, Mrs. CLAYTON, PASCRELL, Mr. ANDREWS, Ms. PELOSI, Mexico, Mr. MCINNIS, Mrs. BONO, Mr. Mr. MCHUGH, Mr. REYES, Mr. TAYLOR Mr. SANDERS, Mr. HALL of Texas, Mr. GOODE, Ms. PRYCE of Ohio, Mr. of Mississippi, Mr. UNDERWOOD, Ms. RODRIGUEZ, Mr. STUPAK, Mr. CRAMER, MCINTOSH, Mrs. EMERSON, Mr. BARR KILPATRICK, Mr. PASCRELL, Mr. Mr. DEFAZIO, Mr. MEEKS of New of Georgia, Mr. STUMP, Mr. FOLEY, CRAMER, Mr. NEY, Mr. ROTHMAN, Mr. York, Mr. LARSON, Mr. BOUCHER, Mr. and Mrs. MYRICK): CLAY, Mrs. KELLY, Ms. STABENOW, BROWN of Ohio, Mr. MALONEY of Con- H.R. 980. A bill to amend the Internal Rev- Mr. PETERSON of Minnesota, Mr. GUT- necticut, Mr. OLVER, Mr. PALLONE, enue Code of 1986 to allow a deduction for 100 KNECHT, Mr. BRADY of Pennsylvania, Mr. HINCHEY, Ms. STABENOW, Mr. percent of the health insurance costs of self- Ms. ROS-LEHTINEN, Mr. PASTOR, Mrs. MASCARA, Mr. PASTOR, Mr. JACKSON employed individuals; to the Committee on JONES of Ohio, Mr. TURNER, Mr. COM- of Illinois, Mr. HILLIARD, Mr. KEN- Ways and Means. BEST, Mr. FOLEY, Ms. WOOLSEY, Mr. NEDY of Rhode Island, Ms. HOOLEY of By Mr. KOLBE (for himself, Mr. PAS- KNOLLENBERG, Mr. KUCINICH, Mr. LU- Oregon, Mr. BOSWELL, Mr. GEORGE TOR, Mr. HAYWORTH, Mr. STUMP, Mr. THER, Mr. MCGOVERN, Ms. LOFGREN, MILLER of California, Mr. DELAHUNT, SALMON, Mr. UDALL of Colorado, and Mr. KUYKENDALL, and Mr. SANDLIN): Ms. SCHAKOWSKY, Ms. DELAURO, Mr. Mr. UDALL of New Mexico): H.R. 986. A bill to authorize the President FILNER, Mrs. MINK of Hawaii, Mr. H.R. 981. A bill to redesignate the Coronado to award a gold medal on behalf of the Con- BRYANt, Mr. ABERCROMBIE, Mr. BUR- National Forest in honor of Morris K. Udall, gress to John Walsh in recognition of his TON of Indiana, Mr. MCNULTY, Mr. a former Member of the House of Representa- outstanding and enduring contributions to BORSKI, Mr. KLECZKA, Mr. FORBES, tives; to the Committee on Resources. American society in the fields of law en- Mr. SHERMAN, Mr. SAWYER, and Mr. By Mr. GOODLATTE (for himself, Mr. forcement and victims’ rights; to the Com- CANNON): GOODE, Mr. ARMEY, Mr. COX, Mr. mittee on Banking and Financial Services. H.R. 975. A bill to provide for a reduction BLUNT, Mr. TIAHRT, Mr. BARR of By Mr. BLUNT (for himself, Mr. in the volume of steel imports, and to estab- Georgia, Mr. COBURN, Mr. BARTON of BALLENGER, Mr. ARMEY, Mr. DELAY, lish a steel import notification and monitor- Texas, Mr. PICKERING, Mr. WHITFIELD, Mr. WATTS of Oklahoma, Mr. STEN- ing program; to the Committee on Ways and Mr. BRYANt, Mr. SHADEGG, Mr. MICA, HOLM, Mr. GOODE, Mr. PICKETT, Mr. Means. Mr. GOSS, Mr. ISTOOK, Mr. CALVERT, BONILLA, Mr. BOEHNER, Mr. By Mr. ABERCROMBIE (for himself Mr. BACHUS, Mr. FOSSELLA, Mr. CUNNINGHAM, Mr. BURR of North and Mrs. BONO): LARGENT, Mr. ENGLISH, Mr. LATHAM, Carolina, Mr. HEFLEY, Mr. MCINTOSH, H.R. 976. A bill to amend title XVIII of the Mr. HOSTETTLER, Mr. PAUL, Mr. Mr. PETERSON of Pennsylvania, Mr. Social Security Act to increase the amount BALLENGER, Mr. SESSIONS, Mr. DOO- HALL of Texas, Mr. SISISKY, Mr. TAN- of payment under the Medicare Program for LITTLE, Mr. PETERSON of Pennsyl- NER, Mr. JOHN, Mr. MARTINEZ, Mr. pap smear laboratory tests; to the Commit- vania, Mr. PACKARD, Mr. SCHAFFER, CLEMENT, and Mr. GOODLING): tee on Commerce, and in addition to the Mr. HERGER, Mr. HAYWORTH, Mr. H.R. 987. A bill to require the Secretary of Committee on Ways and Means, for a period CUNNINGHAM, Mr. FRANKS of New Jer- Labor to wait for completion of a National to be subsequently determined by the Speak- sey, Mr. JENKINS, Mr. KNOLLENBERG, Academy of Sciences study before promul- er, in each case for consideration of such pro- Mr. DICKEY, Mr. WELDON of Florida, gating a standard or guideline on visions as fall within the jurisdiction of the Mr. GREEN of Wisconsin, Mr. ergonomics; to the Committee on Education committee concerned. LOBIONDO, Mr. DEMINT, Mrs. MYRICK, and the Workforce. H1012 CONGRESSIONAL RECORD — HOUSE March 4, 1999

By Mr. BOSWELL: ERN, Ms. PELOSI, Mr. MORAN of Vir- general fund of the Treasury; to the Commit- H.R. 988. A bill to provide for a comprehen- ginia, Mr. TOWNS, Mr. WAXMAN, Mr. tee on Ways and Means. sive, coordinated effort to combat meth- FILNER, Mr. FROST, Mr. GREEN of By Mr. HUNTER (for himself, Mr. amphetamine abuse, and for other purposes; Texas, Mr. FORBES, Mr. LEWIS of STUMP, Mr. SKEEN, Mr. SCHAFFER, to the Committee on Commerce, and in addi- Georgia, Mr. GORDON, Mr. PAYNE, Mr. Mrs. BONO, Mr. METCALF, Mr. POMBO, tion to the Committee on the Judiciary, for HINCHEY, Mr. DELAHUNT, Mrs. Mr. PICKERING, Mr. CALVERT, Mr. a period to be subsequently determined by MALONEY of New York, Mr. SANDLIN, GARY MILLER of California, Mr. the Speaker, in each case for consideration Mr. LAMPSON, Mr. ACKERMAN, Mr. NETHERCUTT, Mr. PETERSON of Penn- of such provisions as fall within the jurisdic- MARTINEZ, Mr. PASTOR, Mr. ORTIZ, sylvania, Mr. SHOWS, Mr. ISTOOK, and tion of the committee concerned. Mr. NEAL of Massachusetts, Mrs. Mr. YOUNG of Alaska): By Mr. COBURN (for himself and Mr. CLAYTON, Mrs. MEEK of Florida, Mr. H.R. 1002. A bill to amend the Act popu- STRICKLAND): PALLONE, Mr. ROMERO-BARCELO, Mrs. larly known as the Declaration of Taking H.R. 989. A bill to amend the Public Health TAUSCHER, Mr. CROWLEY, Mr. CLEM- Act to require that all condemnations of Service Act, Employee Retirement Income ENT, Mr. SHOWS, Mr. KENNEDY of property by the Government proceed under Security Act of 1974, and titles XVIII and Rhode Island, Mr. BONIOR, Ms. that Act; to the Committee on the Judiciary. XIX of the Social Security Act to require MILLENDER-MCDONALD, Mr. CAPUANO, By Ms. KAPTUR: that group and individual health insurance Mr. EVANS, Mr. MEEHAN, Ms. KIL- H.R. 1003. A bill to amend the Public coverage and group health plans and man- PATRICK, Mr. OLVER, Mr. WEXLER, Mr. Health Service Act to revise the filing dead- aged care plans under the Medicare and Med- BROWN of California, Ms. NORTON, Mr. line for certain claims under the National icaid Programs provide coverage for hospital BAIRD, Mr. WATT of North Carolina, Vaccine Injury Compensation Program; to lengths of stay as determined by the attend- Mr. DOOLEY of California, Mr. INSLEE, the Committee on Commerce. ing health care provider in consultation with Ms. BROWN of Florida, Mrs. CAPPS, By Mr. MANZULLO (for himself, Mr. the patient; Mr. DAVIS of Florida, Mr. PHELPS, MATSUI, and Mr. CRANE): By Mr. BARTLETT of Maryland (for Mr. CONYERS, Mr. DINGELL, Mr. GON- H.R. 1004. A bill to amend the Internal Rev- himself, Mr. MARKEY, Mr. POMEROY, ZALEZ, Ms. BERKLEY, Mr. HILL of In- enue Code of 1986 to allow dentists and physi- Mr. DUNCAN, and Mr. MATSUI): diana, Mr. WEINER, Ms. EDDIE BER- cians to use the cash basis of accounting for H.R. 990. A bill to provide for investment NICE JOHNSON of Texas, Mrs. JONES of income tax purposes; to the Committee on in private sector securities markets of Ohio, Mr. WU, and Ms. BALDWIN): Ways and Means. amounts held in the Federal Old-Age and H.R. 996. A bill to amend the Internal Rev- By Mr. KING of New York (for himself, Survivors Insurance Trust Fund for payment enue Code of 1986 to provide a source of in- Mr. PAUL, Mr. ROYCE, Mr. HILLEARY, of benefits under title II of the Social Secu- terest-free capital, in addition to that rec- Mrs. KELLY, Mr. TAYLOR of North rity Act; to the Committee on Ways and ommended in the President’s budget pro- Carolina, Mr. WELDON of Florida, Mr. Means. posal, for the construction and renovation of LAHOOD, and Mrs. ROUKEMA): By Mr. COSTELLO (for himself, Mr. public schools in States experiencing large H.R. 1005. A bill to amend title 4, United OBERSTAR, Mr. NADLER, Mr. BENTSEN, increases in public school enrollment; to the States Code, to declare ENGLISH as the offi- Mr. FROST, Mr. MCGOVERN, Mr. FORD, Committee on Ways and Means. cial language of the Government of the Mrs. CHRISTENSEN, Mr. LIPINSKI, Ms. By Mr. GREENWOOD (for himself, Mr. United States, and for other purposes; SCHAKOWSKY, Mrs. MINK of Hawaii, ACKERMAN, Mr. BALDACCI, Mr. BOR- By Mr. MCCRERY (for himself, Mr. Mr. SANDLIN, Mr. MEEKS of New SKI, Mr. BOUCHER, Mr. COSTELLO, Mr. CARDIN, Mr. HOUGHTON, and Ms. York, Mr. LAFALCE, Mr. SANDERS, FROST, Mr. GREEN of Texas, Mr. HIN- DUNN): Mr. SHOWS, Mr. BALDACCI, Mr. CHEY, Ms. KILPATRICK, Mr. LAFALCE, H.R. 1006. A bill to amend title XVIII of the BLAGOJEVICH, Mr. HALL of Ohio, Mr. Mr. LOBIONDO, Mr. MCNULTY, Mr. Social Security Act to provide for a prospec- RUSH, Mr. BONIOR, Mr. GEORGE MIL- PAYNE, Ms. ROS-LEHTINEN, Mr. tive payment system for services furnished LER of California, Mr. KENNEDY of ROTHman, Mr. SHAYS, Mr. SHOWS, by psychiatric hospitals under the Medicare Rhode Island, Mr. LAHOOD, Mr. Mrs. TAUSCHER, and Ms. VELA´ ZQUEZ): Program; to the Committee on Ways and BARRett of Wisconsin, Mr. WYNN, Mr. H.R. 997. A bill to amend the Public Health Means. SABO, and Mr. KLECZKA): Service Act to provide for the expansion, in- By Mrs. MEEK of Florida: H.R. 991. A bill to amend the Public Health tensification, and coordination of the activi- H.R. 1007. A bill to adjust the immigration Service Act and other laws to apply the ties of the National Institutes of Health with status of certain Honduran nationals who are health insurance portability requirements respect to research on autism; to the Com- in the United States; to the Committee on applicable to group health plans to students mittee on Commerce. the Judiciary. covered under college-sponsored health By Mr. HAYES: By Mr. METCALF (for himself, Mr. plans; H.R. 998. A bill to amend the Internal Rev- STUMP, Mr. EVANS, Mr. STEARNS, Mr. By Mr. DOOLITTLE: enue Code of 1986 to provide an incentive for GUTIERREZ, Mr. QUINN, Mr. FILNER, H.R. 992. A bill to convey the Sly Park expanding employment in rural areas by al- and Ms. BROWN of Florida): Dam and Reservoir to the El Dorado Irriga- lowing employers the work opportunity cred- H.R. 1008. A bill to require that a portion of tion District, and for other purposes; to the it for hiring residents of rural areas; to the the amounts made available for housing pro- Committee on Resources. Committee on Ways and Means. grams for the homeless be used for activities By Mr. DUNCAN: By Mr. BILBRAY (for himself, Mr. designed to serve primarily homeless veter- H.R. 993. A bill to provide that of amounts FARR of California, Mr. GILCHREST, ans, and for other purposes; to the Commit- available to a designated agency for a fiscal Mrs. CAPPS, Mr. KUYKENDALL, and tee on Banking and Financial Services. year that are not obligated in the fiscal year, Mr. SAXTON): By Mr. MILLER of Florida: up to 50 percent may be used to pay bonuses H.R. 999. A bill to amend the Federal Water H.R. 1009. A bill to authorize the awarding to agency personnel and the remainder shall Pollution Control Act to improve the quality of grants to cities, counties, tribal organiza- be deposited into the general fund of the of coastal recreation waters, and for other tions, and certain other entities for the pur- Treasury and used exclusively for deficit re- purposes; to the Committee on Transpor- pose of improving public participation in the duction; to the Committee on Government tation and Infrastructure. 2000 decennial census; to the Committee on Reform. By Mr. SHUSTER (for himself, Mr. Government Reform. By Mr. EHLERS: DUNCAN, Mr. OBERSTAR, and Mr. LI- By Mr. MILLER of Florida: H.R. 994. A bill to amend the Internal Rev- PINSKI): H.R. 1010. A bill to improve participation enue Code of 1986 to provide that the per- H.R. 1000. A bill to amend title 49, United in the 2000 decennial census by increasing centage of completion method of accounting States Code, to reauthorize programs of the the amounts available to the Bureau of the shall not be required to be used with respect Federal Aviation Administration, and for Census for marketing, promotion, and out- to contracts for the manufacture of property other purposes; reach; to the Committee on Government Re- if no payments are required to be made be- By Mr. HULSHOF (for himself, Mr. form. fore the completion of the manufacture of JEFFERSON, Mr. MCCRERY, Mr. COL- By Mr. NEAL of Massachusetts (for such property; to the Committee on Ways LINS, Mr. CRANE, Mr. KLECZKA, Mr. himself, Mr. MOAKLEY, Mr. and Means. HERGER, Mrs. THURMAN, Mr. DELAHUNT, Mr. MEEHAN, Mr. MCGOV- By Mrs. EMERSON (for herself, Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM JOHN- ERN, Mr. TIERNEY, and Mr. OLVER): BLUNT, Mr. HULSHOF, and Mr. TAL- SON of Texas, Ms. DUNN, Mr. ENGLISH, H.R. 1011. A bill to amend the Internal Rev- ENT): Mr. WATKINS, Mr. HAYWORTH, Mr. enue Code of 1986 to exclude from gross in- H.R. 995. A bill to provide a direct check WELLER, Mr. MCINNIS, Mr. FOLEY, Mr. come the value of certain real property tax for education; to the Committee on Edu- PETRI, Ms. GRANGER, Mr. BACHUS, Mr. reduction vouchers received by senior citi- cation and the Workforce. NEY, and Mr. TERRY): zens who provide volunteer services under a By Mr. ETHERIDGE (for himself, Mr. H.R. 1001. A bill to amend the Internal Rev- State program; to the Committee on Ways PRICE of North Carolina, Mr. RANGEL, enue Code of 1986 to repeal the 4.3-cent motor and Means. Mr. MCINTYRE, Mr. FRANK of Massa- fuel excise taxes on railroads and inland wa- By Mr. NORWOOD (for himself, Mr. chusetts, Ms. CARSON, Mr. MCGOV- terway transportation which remain in the GOODLING, Mr. BALLENGER, Mr. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1013

BOEHNER, Mr. CUNNINGHAM, Mr. DEAL By Ms. STABENOW (for herself, Mr. H.R. 3: Mr. TIAHRT and Mr. BURTON of Indi- of Georgia, Mr. GRAHAM, Mr. CAMP, Ms. KILPATRICK, Mr. GEJDEN- ana. HAYWORTH, Mr. HOEKSTRA, Mr. SON, and Mr. FALEOMAVAEGA): H.R. 5: Mr. LATOURETTE, Mr. NETHERCUTT, HILLEARY, Mr. ISTOOK, Mr. KOLBE, H.R. 1021. A bill to amend the Internal Rev- Mr. BALLENGER, Mr. HERGER, Mr. NUSSLE, Mr. MCCRERY, Mr. MCKEON, Mr. MIL- enue Code of 1986 to allow small employers a Mr. HAYWORTH, Mr. COLLINS, Mr. SCHAFFER, LER of Florida, Mrs. MYRICK, Mr. credit against income tax for costs incurred Mr. TANCREDO, Mr. FORBES, Mr. EHRLICH, Mr. PAUL, Mr. SCHAFFER, and Mr. TAL- in establishing a qualified employer plan; to FOSSELLA, and Mr. PETRI. ENT): the Committee on Ways and Means. H.R. 8: Mr. SHERWOOD, Mr. SHOWS, Mr. H.R. 1012. A bill to provide for the creation By Mr. UNDERWOOD (for himself, Mrs. SANDLIN, Mr. FORD, and Mr. SHUSTER. of an additional category of laborers or me- CHRISTENSEN, Ms. NORTON, Mr. RO- H.R. 19: Mr. LAHOOD. chanics known as helpers under the DAVIS MERO-BARCELO, and Mr. H.R. 70: Mrs. CLAYTON and Mr. BOEHLERT. Bacon Act; to the Committee on Education FALEOMAVAEGA): H.R. 72: Mr. LAHOOD, Mr. GALLEGLY, and and the Workforce. H.R. 1022. A bill to authorize the Secretary Mrs. MYRICK. By Mr. PETRI: of Commerce to make grants to States to H.R. 73: Mr. LINDER and Mr. GREENWOOD. H.R. 1013. A bill to require that employers correct Y2K problems in computers that are H.R. 111: Mr. ISAKSON, Mr. ABERCROMBIE, offering benefits to associates of its employ- used to administer State and local govern- Mr. FORBES, Mr. CAPUANO, Mr. BLAGOJEVICH, ees who are not spouses or dependents of the ment programs; to the Committee on Gov- and Mr. DEAL of Georgia. employees not discriminate on the basis of ernment Reform. H.R. 119: Mr. GOODLING. the nature of the relationship between the By Mr. PICKETT: H.R. 152: Mr. BEREUTER and Mr. HOUGHTON. employee and the designated associates; to H.J. Res. 36. A joint resolution proposing H.R. 163: Mr. DUNCAN, Mr. SANDLIN, Mr. the Committee on Education and the Work- an amendment to the Constitution of the ANDREWS, Mr. TOWNS, Mr. CUMMINGS, Mrs. force. United States to restrict annual deficits by EMERSON, Mr. HALL of Texas, and Mr. NEY. By Mr. PICKETT: limiting the public debt of the United States H.R. 208: Mr. PASTOR. H.R. 1014. A bill to amend the Internal Rev- and requiring a favorable vote of the people H.R. 222: Mr. NORWOOD. enue Code of 1986 to make permanent the ex- on any law to exceed such limits; to the H.R. 225: Mr. WHITFIELD, Mr. WEYGAND, Mr. clusion for employer-provided educational Committee on the Judiciary. CALVERT, Mr. HULSHOF, Mr. SUNUNU, Mrs. assistance; to the Committee on Ways and By Mr. PICKETT: TAUSCHER, Mr. KOLBE, Mr. SNYDER, Mr. Means. H. Con. Res. 41. Concurrent resolution to TERRY, Mr. GREEN of Wisconsin, Mrs. JOHN- By Ms. ROYBAL-ALLARD (for herself, express the sense of the Congress that the SON of Connecticut, Ms. PRYCE of Ohio, Mr. SENSENBRENNER, Mr. GRAHAM, Ms. SLAUGH- Mr. SHOWS, Ms. SCHAKOWSKY, Mr. Bureau of Labor Statistics should develop TER, and Ms. DUNN. FROST, Mr. FRANK of Massachusetts, and publish monthly a cost of living index; H.R. 226: Mr. GEJDENSON, Mr. MOORE, Mr. Mr. PASTOR, Mr. BROWN of California, to the Committee on Education and the NADLER, and Mr. GONZALEZ. Mr. WYNN, Ms. LEE, Mr. STARK, Mr. Workforce. H.R. 227: Mr. PETRI, Mr. SHAYS, Mr. MINGE, KLECZKA, and Mr. FILNER): By Mr. CONYERS (for himself, Mr. Mrs. MYRICK, Mr. ENGLISH, Mr. LANTOS, and H.R. 1015. A bill to amend the Fair Credit DELAHUNT, Mr. CLYBURN, Mr. DIXON, Mr. LUTHER. Reporting Act to allow any consumer to re- Ms. BROWN of Florida, Mrs. MEEK of H.R. 261: Mr. BLAGOJEVICH. ceive a free credit report annually from any Florida, Ms. PELOSI, Mr. OWENS, Ms. H.R. 353: Mr. CARDIN, Mrs. EMERSON, Mr. consumer reporting agency; to the Commit- WATERS, and Mr. PAYNE): LAMPSON, Mr. BARRETT of Wisconsin, Mr. tee on Banking and Financial Services. H. Res. 97. A resolution calling upon Hai- SMITH of New Jersey, Mr. FORD, Mr. By Mr. RYAN of Wisconsin: ti’s political leaders to seek agreement on FALEOMAVAEGA, and Mr. SANDLIN. H.R. 1016. A bill to amend the Balanced transparent, free, and widely participatory H.R. 357: Mr. OBERSTAR, Mr. ENGEL, Mr. Budget and Emergency Deficit Control Act elections, and for other purposes; to the THOMPSON of Mississippi, Mr. KILDEE, and of 1985 to allow the projected on-budget sur- Committee on International Relations. Mrs. CAPPS. plus for any fiscal year to be used for tax By Mr. RYAN of Wisconsin (for himself H.R. 363: Mr. SCARBOROUGH. cuts; to the Committee on the Budget. and Mr. SWEENEY): H. Res. 98. A resolution amending the H.R. 380: Mr. SHERWOOD, Mr. MASCARA, and By Mr. SCHAFFER: Rules of the House of Representatives to re- Mrs. LOWEY. H.R. 1017. A bill to provide for budgetary quire that concurrent resolutions on the H.R. 381: Mr. STARK and Mr. EHLERS. reform by requiring a balanced Federal budg- budget not carry an estimated deficit for the H.R. 392: Ms. SLAUGHTER, Mrs. TAUSCHER, et and the repayment of the national debt; budget year or for any outyear; to the Com- Mr. PHELPS, and Ms. WOOLSEY. By Mr. SHADEGG (for himself, Mr. mittee on Rules. H.R. 405: Mr. LOBIONDO. BLILEY, Mr. SALMON, Mr. SANFORD, H.R. 415: Mr. PASTOR. f Mr. ROYCE, Mr. BEREUTER, Mr. H.R. 449: Mr. KLINK. ENGLISH, Mr. TIAHRT, Mr. HAYWORTH, PRIVATE BILLS AND H.R. 455: Mr. LAMPSON, Ms. BROWN of Flor- Mr. KOLBE, Mr. COBURN, Mr. STUMP, RESOLUTIONS ida, Ms. PELOSI, Mr. OBERSTAR, and Mr. MEE- Mr. PAUL, Mr. NETHERCUTT, Mr. DUN- HAN. CAN, Mr. SCARBOROUGH, Mrs. MYRICK, Under clause 3 of rule XII, private H.R. 500: Mr. SMITH of Washington and Mr. Mrs. CUBIN, Mr. OXLEY, Mr. HOEK- bills and resolutions of the following STRICKLAND. STRA, Mr. SKEEN, Mr. METCALF, Mr. titles were introduced and severally re- H.R. 506: Mr. SERRANO. HOSTETTLER, Mr. BARTON of Texas, ferred, as follows: H.R. 537: Mr. GOSS. Mr. GOODLING, Mr. BURTON of Indi- By Mr. METCALF: H.R. 541: Mr. RANGEL, Mr. SANDLIN, and ana, Mr. WELDON of Florida, Mr. H.R. 1023. A bill for the relief of Richard W. Mr. CONYERS. RADANOVICH, Mr. STEARNS, Mr. ALEOMAVAEGA IN SCHAFFERt; to the Committee on the Judici- H.R. 544: Mr. F and Mr. H - TANCREDO, Mr. HEFLEY, Mr. CALVERT, ary. CHEY. Mr. DOOLITTLE, and Mr. FOLEY): By Mr. PORTER: H.R. 555: Mr. BONIOR, Mr. CUMMINGS, Mr. H.R. 1018. A bill to require Congress to H.R. 1024. A bill for the relief of Edwardo FILNER, Ms. BROWN of Florida, and Mrs. specify the source of authority under the REYES and Dianelita REYES; to the Commit- CHRISTIAN-CHRISTENSEN. United States Constitution for the enact- tee on the Judiciary. H.R. 561: Mr. HYDE. ment of laws, and for other purposes; to the By Mr. SUNUNU: H.R. 573: Mr. CASTLE, Mr. KILDEE, Mrs. Committee on the Judiciary. H.R. 1025. A bill to authorize the Secretary LOWEY, Mr. FALEOMAVAEGA, Mr. MALONEY of By Mr. SKEEN: of Transportation to issue a certificate of Connecticut, Ms. HOOLEY of Oregon, Mr. H.R. 1019. A bill to direct the Secretary of documentation with appropriate endorse- CAPUANO, Mr. OBERSTAR, Mr. PASTOR, Mr. the Interior to convey lands and interests ment for employment in the fisheries for UPTON, Ms. MCCARTHY of Missouri, Mr. LA- comprising the Carlsbad Irrigation Project each of 3 vessels; to the Committee on Trans- FALCE, and Mr. BUYER. to the Carlsbad Irrigation District, New Mex- portation and Infrastructure. H.R. 586: Mr. PAUL, Mr. DEAL of Georgia, ico; to the Committee on Resources. By Mr. WELDON of Pennsylvania: Mr. SANDLIN, and Mr. FALEOMAVAEGA. By Mr. SNYDER (for himself, Mr. H.R. 1026. A bill to provide for the reliqui- H.R. 590: Mrs. KELLY. EVANS, Mr. FILNER, Ms. CARSON, Mr. dation of certain entries of self-tapping H.R. 597: Mr. MCGOVERN, Mr. THOMPSON of MINGE, Ms. BROWN of Florida, Mr. screws; to the Committee on Ways and Mississippi, Mr. HASTINGS of Florida, Mr. ABERCROMBIE, Mr. SHOWS, Mr. Means. OWENS, Ms. EDDIE BERNICE JOHNSON of Texas, DICKEY, Mr. SMITH of New Jersey, Mr. BONIOR, Mr. FILNER, Ms. RIVERS, Mrs. f Mrs. MCCARTHY of New York, and Mr. THURMAN, Mr. SCOTT, Mr. FOLEY, Mrs. MEEK WELDON of Florida): ADDITIONAL SPONSORS TO PUBLIC of Florida, Mr. PAYNE, Ms. NAPOLITANO, Mrs. H.R. 1020. A bill to amend title 38, United BILLS AND RESOLUTIONS CAPPS, Mr. CUMMINGS, Mr. FALEOMAVAEGA, States Code, to establish a presumption of Mr. GEORGE MILLER of California, Mr. KOLBE, service connection for the occurrence of hep- Under clause 7 of rule XII, sponsors Mrs. MORELLA, and Mr. TOWNS. atitis C in certain veterans; to the Commit- were added to public bills and resolu- H.R. 599: Mr. CUMMINGS, Mr. FOLEY, and tee on Veterans’ Affairs. tions as follows: Ms. NORTON. H1014 CONGRESSIONAL RECORD — HOUSE March 4, 1999

H.R. 601: Mr. PICKETT. H.R. 872: Mrs. MCCARTHY of New York, Mr. education statutes afford flexibility to State H.R. 606: Mr. BILIRAKIS. FILNER, Mr. KUCINICH, and Ms. EDDIE BER- and local educational agencies in implement- H.R. 614: Mr. PAUL. NICE JOHNSON of Texas. ing Federal programs, certain requirements H.R. 621: Mr. BOUCHER. H.R. 876: Mr. FOLEY and Mrs. EMERSON. of Federal education statutes or regulations H.R. 625: Mr. STRICKLAND. H.R. 883: Mr. FORBES, Mr. PETERSON of may impede local efforts to reform and im- H.R. 639: Mr. ADERHOLT, Mr. LAHOOD, and Minnesota, Mr. COOK, Mr. STENHOLM, Mr. prove education. Mr. BARR of Georgia. SESSIONS, Mr. SMITH of New Jersey, and Mr. (3) By granting waivers of certain statu- H.R. 648: Mr. SHOWS and Mr. FORBES. COLLINS. tory and regulatory requirements, the Fed- H.R. 664: Mr. MCNULTY, Mr. GOODE, Ms. H.R. 894: Mr. GOODLING, Mr. CONDIT, and eral Government can remove impediments NORTON, Mr. DIXON, Mr. UNDERWOOD, Mr. Mr. SHOWS. for local educational agencies in implement- JOHN, and Mr. KILDEE. H.R. 901: Mrs. JOHNSON of Connecticut. ing educational reforms and raising the H.R. 679: Mr. FRANK of Massachusetts, Mr. H.R. 922: Mr. RILEY, Ms. GRANGER, Mr. achievement levels of all children. VENTO, Ms. WOOLSEY, Mr. OBERSTAR, Mr. NETHERCUTT, Mr. GRAHAM, Mr. SAXTON, Mr. (4) State educational agencies are closer to MINGE, and Ms. MCKINNEY. CHAMBLISS, and Mr. LAHOOD. local school systems, implement statewide H.R. 680: Mr. RAMSTAD, Mr. TAYLOR of Mis- H.R. 927: Mr. HERGER and Mr. PETRI. educational reforms with both Federal and sissippi, and Mr. SENSENBRENNER. H.J. Res. 9: Mr. MICA and Mr. PETERSON of State funds, and are responsible for main- H.R. 688: Mr. PAUL, Mr. KNOLLENBERG, Mr. Pennsylvania. taining accountability for local activities MCCOLLUM, Mr. LOBIONDO, Mr. RAHALL, Ms. H.J. Res. 22: Ms. STABENOW and Mr. consistent with State standards and assess- PRYCE of Ohio, Mr. HEFLEY, Mrs. EMERSON, BONIOR. ment systems. Therefore, State educational Mr. GOSS, Mr. WATTS of Oklahoma, Mr. H.J. Res. 25: Mr. LOBIONDO, Mr. FOSSELLA, agencies are often in the best position to HOSTETTLER, Mr. SCHAFFER, Mr. FOSSELLA, Mr. KING of New York, Mr. SCHAFFER, Mr. align waivers of Federal and State require- and Mr. NEY. METCALF, Mr. FROST, Mr. GUTIERREZ, Mr. ments with State and local initiatives. H.R. 691: Mr. GIBBONS. SPENCE, Mr. CALVERT, Ms. VELAZQUEZ, Mrs. (5) The Education Flexibility Partnership H.R. 693: Mr. MCINTOSH, Mr. HILL of Mon- MINK of Hawaii, Mr. DIAZ-BALART, Mr. Demonstration Act allows State educational tana, and Mrs. CUBIN. MOORE, Mr. DICKEY, Mr. ROYCE, Mr. MCHUGH, agencies the flexibility to waive certain Fed- H.R. 701: Mr. BURR of North Carolina, Mr. Mr. FORBES, Mr. UNDERWOOD, and Mr. eral requirements, along with related State CONDIT, Mr. ADERHOLT, Mr. HINOJOSA, Mr. BALDACCI. requirements, but allows only 12 States to HAYES, Mr. GORDON, Mr. BAUCUS, Mr. H. Con. Res. 5: Mr. BONIOR, Mr. HINCHEY, qualify for such waivers. CRAMER, Mr. DEAL of Georgia, and Mr. GON- Mr. BORSKI, Mr. WYNN, and Mr. LAMPSON. (6) Expansion of waiver authority will ZALEZ. H. Con. Res. 5: Ms. LOFGREN. allow for the waiver of statutory and regu- H.R. 710: Mr. STEARNS, Mr. ENGLISH, Mr. H. Con. Res. 23: Mr. PICKERING, Mr. JEN- latory requirements that impede implemen- PORTMAN, Mr. SANDLIN, Mr. GREEN of Texas, KINS, Mr. BACHUS, Mr. CAMPBELL, Mrs. MINK tation of State and local educational im- Mr. MINGE, Mr. SKEEN, Mr. PASTOR, Mr. of Hawaii, Mr. UNDERWOOD, Mr. STUMP, Mr. provement plans, or that unnecessarily bur- PRICE of North Carolina, Mr. BUYER, Mr. PE- FILNER, and Mr. GUTIERREZ. den program administration, while main- TERSON of Minnesota, Mr. HILL of Indiana, H. Con. Res. 24: Mr. CHABOT, Mrs. JOHNSON taining the intent and purposes of affected Mr. WHITFIELD, and Mr. PETERSON of Penn- of Connecticut, Mr. JONES of North Carolina, programs, such as the important focus on sylvania. Mr. SHERWOOD, Mr. THUNE, Mr. BOEHNER, improving math and science performance H.R. 716: Mr. MALONEY of Connecticut. Mrs. FOWLER, Mr. BALLENGER, Mr. KLECZKA, under title II of the Elementary and Second- H.R. 730: Mr. VISCLOSKY, Mr. STUPAK, and Mrs. NAPOLITANO, Mr. DICKS, Mr. RAMSTAD, ary Education Act of 1965, (Dwight D. Eisen- Mr. BERMAN. Mr. FARR of California, Mr. PASCRELL, and hower Professional Development Program), H.R. 739: Mr. UPTON, Mr. FROST, Mr. Mr. ROGERS. and maintaining such fundamental require- SHOWS, Mr. DOYLE, Mr. DEUTSCH, Mr. PAUL, H. Con. Res. 25: Mrs. NORTHUP. ments as those relating to civil rights, edu- and Mr. PETRI. H. Con. Res. 30: Mr. GIBBONS. cational equity, and accountability. H.R. 741: Mr. FORBES. H. Con. Res. 31: Mr. KING of New York, Mr. (7) To achieve the State goals for the edu- H.R. 750: Mr. LAMPSON, Mr. JEFFERSON, and GONZALEZ, and Mr. GIBBONS. cation of children in the State, the focus Mr. KIND of Wisconsin. H. Con. Res. 34: Ms. BROWN of Florida, Mr. must be on results in raising the achieve- H.R. 754: Mr. DOYLE, Mr. KILDEE, and Mrs. UNDERWOOD, Ms. PELOSI, and Mr. STRICK- ment of all students, not process. MYRICK. LAND. SEC. 3. DEFINITIONS. H.R. 763: Ms. BALDWIN. H. Res. 41: Mr. GALLEGLY, Mr. NEY, Mr. In this Act: H.R. 793: Mr. PETRI. WAXMAN, and Mrs. WILSON. (1) ATTENDANCE AREA.—The term ‘‘attend- H.R. 800: Mr. MCKEON, Mr. CLEMENT, Mr. H. Res. 89: Mrs. MORELLA, Mr. STEARNS, ance area’’ has the meaning given the term SHERMAN, Mrs. MYRICK, and Mr. PORTMAN. Mr. SHOWS, Mr. GREEN of Texas, Mrs. MCCAR- ‘‘school attendance area’’ in section H.R. 804: Mr. PAUL. THY of New York, and Mr. FROST. 1113(a)(2)(A) of the Elementary and Second- H.R. 808: Mr. FOLEY. f ary Education Act of 1965. H.R. 817: Mr. WHITFIELD, Mr. SHOWS, and (2) ED-FLEX PARTNERSHIP STATE.—The term Mr. LEACH. DELETIONS OF SPONSORS FROM ‘‘Ed-Flex Partnership State’’ means an eligi- H.R. 832: Mr. CAPUANO. PUBLIC BILLS AND RESOLUTIONS ble State designated by the Secretary under H.R. 833: Mr. BARTON of Texas, Mr. BUYER, Under clause 7 of rule XII, sponsors section 4(a)(1)(B). Mrs. CAPPS, Mr. EHRLICH, Mr. GRAHAM, Mr. were deleted from public bills and reso- (3) LOCAL EDUCATIONAL AGENCY; STATE EDU- HUNTER, Mr. SMITH of Michigan, Mr. STRICK- CATIONAL AGENCY.—The terms ‘‘local edu- LAND, Mr. SUNUNU, and Mr. TALENT. lutions as follows: cational agency’’ and ‘‘State educational H.R. 845: Mr. KLECZKA and Mr. GEORGE H.R. 863: Ms. WOOLSEY. agency’’ have the meaning given such terms MILLER of California. f in section 14101 of the Elementary and Sec- H.R. 851: Mr. SANDERS, Mr. EWING, Mr. BOU- ondary Education Act of 1965. CHER, Mr. TAYLOR of North Carolina, Mr. AMENDMENTS (4) SECRETARY.—The term ‘‘Secretary’’ GILMAN, Mr. DEFAZIO, Mr. BEREUTER, Mrs. Under clause 8 of rule XVIII, pro- means the Secretary of Education. WILSON, Mr. TURNER, Mrs. EMERSON, Mr. posed amendments were submitted as (5) STATE.—The term ‘‘State’’ means each BARRETT of Nebraska, Mr. MCHUGH, Mr. SAW- follows: of the 50 States, the District of Columbia, YER, Mrs. CAPPS, Mr. SANDLIN, Mr. MCINNIS, the Commonwealth of Puerto Rico, and each Mr. BASS, Mr. PETERSON of Pennsylvania, H.R. 800 of the outlying areas. Mr. SUNUNU, Mr. HUTCHINSON, Mr. OBERSTAR, OFFERED BY: MR. CASTLE SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. Mr. COLLINS, and Mr. TIERNEY. (Amendment in the Nature of a Substitute) (a) EDUCATION FLEXIBILITY PROGRAM.— H.R. 860: Ms. WOOLSEY, Ms. KAPTUR, Mr. (1) PROGRAM AUTHORIZED.— AMENDMENT NO. 1: Strike all after the en- VENTO, and Mr. DELAHUNT. (A) IN GENERAL.—The Secretary may carry acting clause and insert the following: H.R. 864: Mr. MCGOVERN, Mr. SWEENEY, Mr. out an education flexibility program under WELLER, Mr. CALLAHAN, Mrs. CAPPS, Mr. SECTION 1. SHORT TITLE. which the Secretary authorizes a State edu- RILEY, Mr. ALLEN, Mr. HULSHOF, Mr. BAR- This Act may be cited as the ‘‘Education cational agency that serves an eligible State RETT of Nebraska, Mr. SESSIONS, Mr. BURR of Flexibility Partnership Act of 1999’’. to waive statutory or regulatory require- North Carolina, Mr. WHITFIELD, Mr. CAMP, SEC. 2. FINDINGS. ments applicable to 1 or more programs or Mr. UPTON, Ms. DANNER, Mr. HILL of Mon- Congress makes the following findings: Acts described in subsection (b), other than tana, Mr. HAYES, Mr. LEWIS of California, (1) States differ substantially in demo- requirements described in subsection (c), for Mr. DICKS, Mr. SUNUNU, Mr. WOLF, Mr. OBER- graphics, in school governance, and in school the State educational agency or any local STAR, Mr. HEFLEY, Mr. SMITH of Washington, finance and funding. The administrative and educational agency or school within the Mr. SNYDER, Mr. SANDLIN, Mr. CRAMER, Mr. funding mechanisms that help schools in 1 State. METCALF, Mr. PETERSON of Minnesota, Mr. State improve may not prove successful in (B) DESIGNATION.—The Secretary shall des- BOUCHER, Mr. LARSON, Mr. CLYBURN, Mr. other States. ignate each eligible State participating in WAMP, Ms. KILPATRICK, Mr. UDALL of Colo- (2) Although the Elementary and Second- the program described in subparagraph (A) rado, Mr. JENKINS, and Mr. BALLENGER. ary Education Act of 1965 and other Federal to be an Ed-Flex Partnership State. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1015

(2) ELIGIBLE STATE.—For the purpose of (v) the quality of the State educational tives outlined in paragraph (3)(A)(iii) to jus- this subsection the term ‘‘eligible State’’ agency’s process for approving applications tify continuation of such authority. means a State that— for waivers of Federal statutory or regu- (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- (A)(i) has— latory requirements as described in para- standing any other provision of law, the Sec- (I) developed and implemented the chal- graph (1)(A) and for monitoring and evaluat- retary is authorized to carry out the edu- lenging State content standards, challenging ing the results of such waivers. cation flexibility program under this sub- State student performance standards, and (4) LOCAL APPLICATION.— section for each of the fiscal years 1999 aligned assessments described in section (A) IN GENERAL.—Each local educational through 2004. 1111(b) of the Elementary and Secondary agency or school requesting a waiver of a (b) INCLUDED PROGRAMS.—The statutory or Education Act of 1965, and for which local Federal statutory or regulatory requirement regulatory requirements referred to in sub- educational agencies in the State are pro- as described in paragraph (1)(A) and any rel- section (a)(1)(A) are any such requirements ducing the individual school performance evant State statutory or regulatory require- under the following programs or Acts: profiles required by section 1116(a) of such ment from a State educational agency shall (1) Title I of the Elementary and Second- Act; or submit an application to the State edu- ary Education Act of 1965. (II) developed and implemented content cational agency at such time, in such man- (2) Part B of title II of the Elementary and standards and interim assessments and made ner, and containing such information as the Secondary Education Act of 1965. substantial progress, as determined by the State educational agency may reasonably re- (3) Subpart 2 of part A of title III of the El- Secretary, toward developing and imple- quire. Each such application shall— ementary and Secondary Education Act of menting performance standards and final (i) indicate each Federal program affected 1965 (other than section 3136 of such Act). aligned assessments, and toward having local and the statutory or regulatory requirement (4) Title IV of the Elementary and Second- educational agencies in the State produce that will be waived; ary Education Act of 1965. the profiles, described in subclause (I); and (ii) describe the purposes and overall ex- (5) Title VI of the Elementary and Second- (ii) holds local educational agencies and pected results of waiving each such require- ary Education Act of 1965. schools accountable for meeting the edu- ment; (6) Part C of title VII of the Elementary cational goals described in the local applica- (iii) describe, for each school year, specific, and Secondary Education Act of 1965. tions submitted under paragraph (4); and measurable, educational goals for each local (7) The Carl D. Perkins Vocational and (B) waives State statutory or regulatory Technical Education Act of 1998. requirements relating to education while educational agency, school, or group of stu- (c) WAIVERS NOT AUTHORIZED.—The Sec- holding local educational agencies or schools dents affected by the proposed waiver; and retary may not waive any statutory or regu- within the State that are affected by such (iv) explain why the waiver will assist the latory requirement of the programs or Acts waivers accountable for the performance of local educational agency or school in meet- authorized to be waived under subsection the students who are affected by such waiv- ing such goals. (a)(1)(A)— ers. (B) EVALUATION OF APPLICATIONS.—A State (1) relating to— (3) STATE APPLICATION.— educational agency shall evaluate an appli- (A) maintenance of effort; (A) IN GENERAL.—Each State educational cation submitted under subparagraph (A) in agency desiring to participate in the edu- accordance with the State’s education flexi- (B) comparability of services; cation flexibility program under this section bility plan described in paragraph (3)(A). (C) the equitable participation of students shall submit an application to the Secretary (C) APPROVAL.—A State educational agen- and professional staff in private schools; at such time, in such manner, and contain- cy shall not approve an application for a (D) parental participation and involve- ing such information as the Secretary may waiver under this paragraph unless— ment; reasonably require. Each such application (i) the local educational agency or school (E) the distribution of funds to States or to shall demonstrate that the eligible State has requesting such waiver has developed a local local educational agencies; adopted an education flexibility plan for the reform plan that is applicable to such agency (F) the selection of schools to participate State that includes— or school, respectively; and in part A of title I of the Elementary and (i) a description of the process the State (ii) the waiver of Federal statutory or reg- Secondary Education Act of 1965, except that educational agency will use to evaluate ap- ulatory requirements as described in para- a State educational agency may grant waiv- plications from local educational agencies or graph (1)(A) will assist the local educational ers to allow schools to participate in part A schools requesting waivers of— agency or school in meeting its educational of title I of such Act if the percentage of (I) Federal statutory or regulatory require- goals. children from low-income families in the at- ments as described in paragraph (1)(A); and (5) MONITORING.— tendance area of such school or who actually (II) State statutory or regulatory require- (A) IN GENERAL.—Each State educational attend such school is within 5 percentage ments relating to education; and agency participating in the program under points of the lowest percentage of such chil- (ii) a detailed description of the State stat- this section shall annually monitor the ac- dren for any school in the local educational utory and regulatory requirements relating tivities of local educational agencies and agency that meets the requirements of sec- to education that the State educational schools receiving waivers under this section tion 1113 of the Act; agency will waive; and shall submit an annual report regarding (G) use of Federal funds to supplement, not (iii) a description of specific educational such monitoring to the Secretary. supplant, non-Federal funds; and objectives the State intends to meet under (B) PERFORMANCE DATA.—Not later than 2 (H) applicable civil rights requirements; such a plan; and years after a State is designated as an Ed- and (iv) a description of the process by which Flex Partnership State each such State shall (2) unless the underlying purposes of the the State will measure the progress of local include performance data demonstrating the statutory requirements of each program or educational agencies in meeting specific degree to which progress has been made to- Act for which a waiver is granted continue goals described in subsection (a)(4)(A)(iii). ward meeting the objectives outlined in to be met to the satisfaction of the Sec- (B) APPROVAL AND CONSIDERATIONS.—The paragraph (3)(A)(iii). retary. Secretary may approve an application de- (6) DURATION OF FEDERAL WAIVERS.— (d) APPLICATION.— scribed in subparagraph (A) only if the Sec- (A) IN GENERAL.—The Secretary shall not (1) IN GENERAL.—Except as provided in retary determines that such application approve the application of a State edu- paragraph (2), this Act shall not apply to a demonstrates substantial promise of assist- cational agency under paragraph (3) for a pe- State educational agency that has been ing the State educational agency and af- riod exceeding 5 years, except that the Sec- granted waiver authority under the follow- fected local educational agencies and schools retary may extend such period if the Sec- ing provisions of law: within such State in carrying out com- retary determines that such agency’s au- (A) Section 311(e) of the Goals 2000: Edu- prehensive educational reform, after thority to grant waivers has been effective in cate America Act. considering— enabling such State or affected local edu- (B) The proviso referring to such section (i) the comprehensiveness and quality of cational agencies or schools to carry out 311(e) under the heading ‘‘EDUCATION RE- the education flexibility plan described in their local reform plans. FORM’’ in the Department of Education Appro- subparagraph (A); (B) PERFORMANCE REVIEW.—Three years priations Act, 1996 (Public Law 104–134; 110 (ii) the ability of such plan to ensure ac- after a State is designated an Ed-Flex Part- Stat. 1321–229). countability for the activities and goals de- nership State, the Secretary shall— (2) EXCEPTION.—If a State educational scribed in such plan; (i) review the performance of any State agency that has been granted waiver author- (iii) the degree to which the State’s objec- educational agency in such State that grants ity, pursuant to paragraph (1)(A) or (B), ap- tives described in subparagraph (A)(iii)— waivers of Federal statutory or regulatory plies to the Secretary to extend such author- (I) are specific and measurable; and requirements as described in paragraph ity, the provisions of this Act, except sub- (II) measure the performance of schools or (1)(A); and section (e)(1), shall apply to such agency. local educational agencies and specific (ii) terminate such agency’s authority to (3) EFFECTIVE DATE.—This Act shall apply groups of students affected by waivers; grant such waivers if the Secretary deter- to State educational agencies described in (iv) the significance of the State statutory mines, after notice and opportunity for hear- paragraph (2) beginning on the date that or regulatory requirements relating to edu- ing, that such agency has failed to make such extension is granted. cation that will be waived; and measurable progress in meeting the objec- (e) ACCOUNTABILITY.— H1016 CONGRESSIONAL RECORD — HOUSE March 4, 1999

(1) EVALUATION FOR ED-FLEX PARTNERSHIP or authority have made measurable progress (a)(2)(B)(iii) of the Goals 2000: Educate Amer- STATES.—In deciding whether to extend a re- toward achieving the desired results de- ica Act. quest for a State educational agency’s au- scribed in the application submitted pursu- (f) PUBLICATION.—A notice of the Sec- thority to issue waivers under this section, ant to subsection (a)(4)(A)(iii). retary’s decision to authorize State edu- the Secretary shall review the progress of (2) EVALUATION FOR EXISTING ED-FLEX PRO- cational agencies to issue waivers under this the State educational agency to determine if GRAMS.—In deciding whether to extend a re- such agency— section shall be published in the Federal quest for a State educational agency de- Register and the Secretary shall provide for (A) makes measurable progress toward scribed in subsection (d)(2) to issue waivers achieving the objectives described in the ap- the dissemination of such notice to State under this section, the Secretary shall re- plication submitted pursuant to subsection educational agencies, interested parties, in- view the progress of the agency in achieving (a)(3)(A)(iii); and cluding educators, parents, students, advo- (B) demonstrates that local educational the objectives set forth in the application cacy and civil rights organizations, other in- agencies or schools affected by such waiver submitted pursuant to subsection terested parties, and the public. 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, MARCH 4, 1999 No. 34 Senate The Senate met at 9:30 a.m. and was also Friday until 12 noon. The leader ernment good, and facts never got in called to order by the President pro would once again like to remind all the way of a nice regulatory scheme. tempore [Mr. THURMOND]. Members that a rollcall vote is ex- Microsoft is not the only target of pected to occur this coming Monday at this Administration. Intel too is under PRAYER approximately 5 p.m. All Senators will attack by a gaggle of anti-free market The Chaplain, Dr. Lloyd John be notified of the exact voting schedule attorneys at the Federal Trade Com- Ogilvie, offered the following prayer: as it becomes available. mission. The FTC says Intel uses its Gracious God, we seek to receive I thank my colleagues for their at- market power to stifle competition in Your presence continually, to think of tention. the lucrative chip market. Given re- You consistently, and to trust You con- f cent reports that in January, more computers were sold with chips made stantly. We urgently need divine wis- MORNING BUSINESS dom for our leadership of this Nation. by one of Intel’s largest competitors, We have discovered that this only The PRESIDING OFFICER (Mr. ROB- AMD, than with Intel chips, the FTC’s comes in a reliant relationship with ERTS). Under the previous order, there case seems far behind the times. But You. Prayer enlarges our minds and will now be a period for the transaction Robert Pitofsky and his cohorts press hearts until they are able to be chan- of morning business. on regardless of real and dynamic mar- nels for the flow of Your Spirit. You, The Senator from Washington is rec- kets. Yourself, are the answer to our pray- ognized. Holman Jenkins summed up the ab- ers. f surdity of the Administration’s actions eloquently in an editorial that ap- As we move through this day, may MICROSOFT we see each problem, perplexity, or peared in the Wall Street Journal yes- person as an opportunity to experience Mr. GORTON. Mr. President, last terday: Your presence and accept Your per- week the Government’s misguided and If Joel Klein, Robert Pitofsky and all their spective and patience. We don’t want collusive antitrust suit against the little acolytes could catch just one mugger, to forget You, but if we do, interrupt Microsoft Corporation recessed for a they would have done something of more our thoughts and bring us back into an much-needed break. It only could be value for the country. For that matter, we’d awareness that You are waiting to improved by making the recess perma- owe the mugger a debt of gratitude for dis- bless us and equip us to lead with vi- nent. tracting these errant knights from their de- structive mission. sion and courage. Thus, may our work I urge my colleagues to make use of be our worship this day. In the Name of the trial’s recess to learn about this Of course, I know the pressures of our Lord. Amen. case, and this industry. Nothing less is time and schedules on my colleagues, f at stake here than the freedom to inno- so, of all the millions of words that vate, the key to America’s economic have been written about the Microsoft RECOGNITION OF THE ACTING success. We ignore this prosecution at trial since its beginning last October, I MAJORITY LEADER our peril, because the United States want them to note just one story, writ- The PRESIDENT pro tempore. The Government is trying to kill the goose ten February 18 on C–Net news.com able Senator from Washington is recog- that lays golden eggs in the home about Microsoft’s recent roller coaster nized. states of every one of my esteemed col- ride on Wall Street. The lead paragraph f leagues. It is not simply a Washington- won’t take much more than 10 seconds state company that needs shoring up; of my colleagues’ valuable time, but it SCHEDULE it is the industry leader that has fueled tells everything anyone needs to know Mr. GORTON. Mr. President, this our recent unprecedented economic about this case: morning the Senate will be in a period miracle, created hundreds of thousands ‘‘Microsoft shares fell as much as of morning business until 11 a.m. Fol- of new jobs to fill those being lost in 3.8% today,’’ the C-net story began, lowing morning business, the Senate other sectors of the economy, estab- ‘‘on investor concern about threats to will resume consideration of S. 280, the lished America as the global leader in the company’s dominance from the education flexibility partnership bill. high technology and redefined almost Linux operating system and the land- Under a previous order, Senator BINGA- every aspect of our lives—and yet is mark antitrust trial.’’ MAN will be immediately recognized to under siege by a hopelessly time- George Orwell couldn’t have put it offer an amendment regarding drop- locked Department of Justice, whose better: With competitors baying at its outs. Senators should expect rollcall theory of antitrust was shaped in the heels, Microsoft has been forced to di- votes throughout today’s session, and 60s, when big business was bad, big gov- vert enormous resources to defend

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

S2237

. S2238 CONGRESSIONAL RECORD — SENATE March 4, 1999 itself against the government’s conten- are already well aware of Washington’s week before the Court of Appeals rul- tion that it has no competitors. 2,637 resale partners and 254 technology ing came out, the Department of Jus- Actually, George Orwell himself partners. Our state’s economy is abso- tice filed its current lawsuit against would have rejected the travesty of lutely booming—and it’s due not only Windows 98—a product even more inte- what is basically a private suit brought to the presence of Microsoft itself, but grated than Windows 95. by the government on behalf of com- to the thousands of other companies For this trial, Klein and company peting multi-billion-dollar companies that Microsoft supports. Companies simply changed tactics. Instead of ar- against their chief competitor—espe- like Technology Express of Bothell and guing the case on its legal merits, the cially when the government is heavily Techpower Solutions Incorporated of Justice Department has engaged in an vested politically in those companies’ Redmond. all-out public relations battle. The new success. But I wonder if my other colleagues PR strategy has been orchestrated Whether Orwell would have believed have stopped to consider what Justice’s under Joel Klein’s watch and has been it or not, my colleagues need to believe assault on Microsoft might do to their the primary strategy in the courtroom it, because it’s happening, and their own state’s economies and jobs—and as well. The government’s lead lawyer, constituents don’t like it. A poll taken how their constituents might feel Mr. Boies has a few aggressive e-mail by Citizens for a Sound Economy in about that impact. Let’s look at Utah messages that showed Microsoft to be January found that 81% of Americans— as an example. Utah is home to 64 tech- exactly the fiercely competitive entity not just Washingtonians, but 81% of all nology partners and 1,153 resale part- that has engendered its impressive Americans—say that Microsoft is good ners of Microsoft—home to real people market performance, but nothing more for consumers. A Hart/Teeter poll also working in real jobs for real compa- sinister. Mr. Boies uses these same from January found that 73% of Ameri- nies. Companies like PC Innovation In- pieces of e-mail over and over again in cans echo that belief and fully two- corporated in Salt Lake City and highly theatrical ways to try and em- thirds say the federal government Vitrex Corporation of Ogden. Despite barrass and intimidate Microsoft’s wit- should stay out of the dispute and let these facts, the senior Senator from nesses. At breaks in the trial every the marketplace and consumers decide Utah, the distinguished Chairman of day, the Government turns the court- the fate of competitors in the personal the Senate Judiciary Committee, has house steps into ground zero for its computer industry. A majority know chosen to take the side of the Justice spin game knowing full well its legal enough about what’s already happening Department and to support the Admin- strategy had failed before it ever left in the industry to understand that the istration’s efforts to squelch the free- the gate. whole expensive circus is moot any- dom of companies in his own state to Despite their shaky legal case, the way: 51% of Americans think that the innovate. press has recently reported that Jus- federal government should just drop My colleagues should talk with con- tice Department officials and the At- the case in the wake of AOL-Netscape sumers about their views of tech- torneys General from 19 states suing merger. nology, because as my fellow Senators Microsoft are already discussing post Our constituents are paying atten- begin to understand how the tech- trial ‘‘remedies.’’ Before any decision tion to this issue because they are con- nology business works, they will dis- has been made in the case, Antitrust sumers and are perfectly aware of how cover consumers not only have not Division officials are contemplating much Microsoft has improved their been harmed by Microsoft, but have punishments. Before they have proven lives. They also see family, friends and benefited: Innovation is booming, any consumer harm, they are devising neighbors working for companies that choices are growing, and prices are fall- consumer remedies. Before they have depend on Microsoft for their exist- ing for all software. made closing arguments, they have ence. There are tens of thousands of Microsoft is leading an industry that coined a cute catch phrase for their companies, large and small, that part- the old school Department of Justice planned breakup of the company. They ner with Microsoft, and they are lo- just doesn’t understand. There are call the tiny remnants of the future cated in every state in the Nation. I’m none of the traditional barriers to broken Microsoft they already have the sure my colleagues know something entry in the high tech industry that hubris to predict ‘‘Baby Bills.’’ about them, but I’m not convinced that have historically motivated antitrust Whatever happened to letting justice they are aware of their huge numbers. enforcement. This market moves at the take its course? Are we to assume that That’s why I asked Microsoft for a speed of ideas—and a good idea can the outcome of the trial is a foregone state-by-state breakdown of their cause a company to lose 90 percent of conclusion? Why are we wasting tax- ‘‘partners,’’ companies that work di- market share overnight—precisely payer money on attorneys fees when rectly with or through Microsoft or its what happened to once-dominant prod- all that is really going on is a show products. Microsoft provided me with ucts such as WordStar and Word Per- trial? the data, which I want to share with fect; precisely what could happen to On the other hand, Microsoft has put my colleagues. Microsoft. on a very strong record in this case in Here, I say to the Presiding Officer This Justice Department, led by Joel areas relevant to the law and the the Senator from Kansas with 1,171 re- Klein, is brazen about its desire to in- claims brought by the government: sale partners and 63 technology part- tervene in markets, even when it trying law, foreclosure of product ners: Microsoft’s partners fall into knows little about the markets it med- through exclusionary contracts and the many categories: software retail dles with. ‘‘Surgical intervention’’ is fundamental element of consumer stores; small Original Equipment Man- the spin that Klein and his department harm. ufacturers that build and sell PC sys- has coined to describe its intervention- The facts so far in the record show tems with Microsoft software ist approach. Microsoft to be on firm legal ground in preinstalled; Corporate Account Resell- To recap the recent history of this all these areas. The Appeals Court veri- ers who resell Microsoft software to misguided lawsuit, the original fied there was no illegal tying. James large corporations; providers who sell charge—that Microsoft illegally tied Barksdale, Netscape’s CEO, admitted packaged Microsoft software with Internet browsing to its operating sys- that Microsoft did not foreclose his value-added consulting services; PC tem—was rejected before the trial even company from the market. And the manufacturers; and Microsoft Certified began by a 3-member Court of Appeals government’s final witness, economist Solution Providers. ruling that recognized that putting Franklin Fisher, testified that, on bal- I direct my colleagues’ attention to Internet Explorer technologies into ance, Microsoft has not harmed con- this map that shows the number of Windows ’95 was a beneficial integra- sumers. these partners in each of their own tion, not a monopolistic tie-in. The As Attorney General for Washington states. First, the national numbers: Court even admonished Klein and co- State, I argued 14 cases before the Microsoft has 7,279 technology partners horts not to try tinkering with soft- United States Supreme Court. My and 112,819 resale partners. ware design and warned them to be focus as Attorney General was con- These figures represent companies, wary of intruding into marketplace in- sumer protection. I want to assure my not employees. Senator MURRAY and I novation and product design. A mere colleagues today that, had this case March 4, 1999 CONGRESSIONAL RECORD — SENATE S2239 been presented to me as an Attorney nearly beyond our ability to calculate. Washington’s superb economic engine General, I wouldn’t have given it a sec- Ironically, Windows, the product por- in favor of Silicon Valley’s greater fi- ond glance because there is no evidence trayed by Klein and cohorts as anti- nancial and electoral prize. whatsoever that Microsoft has harmed consumer, was purposely designed by Yes, this case offends me in every consumers. Microsoft to support and encourage the sense of the word, as it should offend But Joel Klein doesn’t care about greatest number of innovations pos- every one of my colleagues. I call on protecting consumers. He cares about sible by independent software program- each of them today to recognize what protecting companies that cannot com- mers, who need a uniform, broad-based is at risk here, to rise above partisan pete on their own. In a recent speech, platform on which to write code that posturing, to recognize the outrageous he stated that it was the job of anti- will be economically viable in smaller nature of the Justice Department’s trust to ‘‘reallocate resources between niche markets. The result has been an power grab, and to join me in stopping the producer and the consumer.’’ enormous proliferation of software de- it. Really? To reallocate resources? signed to fill every imaginable con- Because that is precisely what I in- That’s what antitrust is for? sumer need. tend to do: I will seek to stop the Jus- Well, I agree with Mr. Klein’s assess- How about other, less obvious inno- tice Department’s grab for more fund- ment on one count: this trial was de- vations this company is responsible ing through the Appropriations Com- signed precisely to reallocate re- for? Let’s start with products that just mittee when there are basic law en- sources—from Microsoft to Microsoft’s make life better for ordinary people, forcement needs going unfunded. I in- competitors. And why would the De- like WebTV, which lets people use their tend to conduct Congressional over- partment want to do that? Perhaps be- television sets to connect to the Inter- sight authority of the Department’s cause the resources the Administration net. That’s innovation for the better. out-of-control antitrust division in really wants to reallocate are Califor- And there’s also Windows’ accessibility every committee in which it is appro- nia’s electoral votes into AL GORE’s features—magnifiers, high-contrast priate, and I will seek out every other column come the year 2000. Just this schemes, special keys and sound en- legitimate vehicle to provide Congres- past Tuesday the San Francisco Chron- hancements among many—that make sional control of this out-of-control, icle said that Mr. GORE ‘‘unabashedly computers easy to use for many people time-warped throwback to the 60s. acknowledged that he has lavished at- with disabilities—opening doors that I call on my colleagues to join me tention on California, which carries a previously were locked tight. Edu- today in demanding accountability rich cache of votes—and campaign do- cation? Microsoft donates millions of from a Justice Department that asserts nors. According to his staff, the Vice dollars in cash and software to schools consumer harm in the presence of con- President has visited the State 53 and libraries every year. sumer bounty; that has sought to de- times since taking office five years Microsoft was recently voted the 3rd stroy competition in the name of com- ago.’’ In a separate story, the Chronicle most admired company in Fortune’s petition; and that now seeks to in- quotes the Vice President as saying, annual poll. That’s some demon the crease its own battle force with tax- ‘‘California is the biggest, most impor- Justice Department has targeted. It payer dollars for a undertaking that tant State. . . . It deserves the most had better hurry and shut Microsoft taxpayers do not want undertaken. attention, and I’m going to make sure down completely or the next thing you This is a Justice Department out of it gets it.’’ know Microsoft will help lower the cost control, and not only with respect to So, needing California in 2000, lusting of computing even more or spawn even Microsoft. They are also going after for a return to the regulatory excess greater technological and cultural in- Visa and MasterCard. Their Equally needed to feed the insatiable maw of novations that will make our lives hidebound colleagues at the FTC are big government, and wanting to throw easier and better, and then where suing chip manufacturer, Intel, and in- trial lawyers some fresh meat, but would we be? vestigating router manufacturer, lacking anything closely resembling a Mr. President, irony aside, there is Cisco. Most of absurd of all the Depart- credible legal case, what have Klein no aspect of this case that does not of- ment of Justice of the United States of and Co. done? They’ve demonized the fend me. America has accused the country’s most innovative, extraordinary world- As a lawyer, I have nothing but con- leading manufacturer of false teeth changing engine for progress that this tempt for the flaccid PR case hoisted (Dentsply) of illegally maintaining a world may ever have seen. As my col- feebly in Judge Thomas Penfield Jack- monopoly. No wonder Justice is asking leagues think about the implications of son’s court by the govenment’s inquisi- for more money and more lawyers; it our failure to protest this demoniza- tors. needs to find more teeth to feed its rap- tion, let’s just take a closer look at the As a former Attorney General who idly burgeoning lawsuit appetite. ‘‘demon’’ itself and see what innova- left a solid legacy of consumer protec- Mr. President, the Department of tions the forces of government regu- tion, I am appalled at the Orwellian Justice seeks to fix what is not broken, latory mediocrity are about to fore- double-speak government lawyers spew to intervene where innovation has been close. forth as they pretend to act on behalf the unchallenged king, and to shunt off Microsoft’s economic contributions of consumers while simultaneously to a dead-end track the principal en- already are common knowledge, and seeking to dictate what they may con- gine of America’s technological leader- I’ve just provided the State-by-State sume. ship in the world. breakdown, but here’s a refresher: In As a free-market advocate of dec- The Department of Justice, and not the fiscal year ending June 30, 1998, ades-long standing, I am chagrined at Microsoft, must be stopped. Microsoft’s net revenues were $14.48 the ‘‘Damn-the-consequences-full- Mr. President, I suggest the absence billion—56 percent of which came from speed-backward!’’ attitude of those who of a quorum. international trade. In my home State would regulate just for regulation and The PRESIDING OFFICER. The of Washington, by the end of 1998 bureaucracy’s sake. clerk will call the roll. Microsoft employed almost 16,000 work- As a Senator, I am nonplused at the The bill clerk proceeded to call the ers. Nationwide the figure was almost Administration’s gall in asking for a 16 roll. 20,000—and that’s without factoring in percent increase to beef up its attack- Mr. ROBERTS. Mr. President, I ask the number of jobs represented by the dog department so that it may con- unanimous consent that the order for 120,000 plus companies on the Partners’ tinue mauling the greatest engine for the quorum call be rescinded. map I’ve just shown my colleagues. revenue generation we’ve seen in many The PRESIDING OFFICER (Mr. Microsoft generates jobs worldwide as a year. THOMAS). Without objection, it is so or- well, with subsidiaries in nearly 60 As a Washingtonian, I am incensed at dered. countries, from Austria to Vietnam, the blatant attempt of AL GORE’s Mr. ROBERTS. Mr. President, Sen- Costa Rica to the Czech and Slovak Re- wannabe administration to court my ator KERREY, the distinguished Senator publics, Saudi Arabia to South Africa. state’s electoral votes even as his cur- from Nebraska, under the previous National productivity and workplace rent Administration’s Justice Depart- order has asked for 20 minutes. We are efficiency? The value provided is very ment orchestrates the destruction of to share that time. I ask unanimous S2240 CONGRESSIONAL RECORD — SENATE March 4, 1999 consent I may be now recognized for 20 This amendment would provide $1.4 have the opportunity to speak to this minutes. billion in fiscal year 2000 to hire 38,000 bill. The PRESIDING OFFICER. Without teachers, which would give Hawaii The PRESIDING OFFICER. Without objection, it is so ordered. nearly $7 million for 178 teachers. So objection, it is so ordered. The Senator The Senator from Kansas is recog- this is something that Hawaii really has 15 minutes. nized. looks forward to. (The remarks of Mr. ABRAHAM, Mr. Mr. ROBERTS. I thank the Chair. Students in my State need these SESSIONS, and Mr. LEVIN pertaining to (The remarks of Mr. ROBERTS and Mr. well-qualified, well-trained teachers. I the introduction of S. 531 are located in KERREY pertaining to the introduction hear from students, parents, and teach- today’s RECORD under ‘‘Statements on of S. 529 are located in today’s RECORD ers alike that classes are too large. The Introduced Bills and Joint Resolu- under ‘‘Statements on Introduced Bills average size of a class in Hawaii is in tions.’’) and Joint Resolutions.’’) the mid-twenties. However, research Mr. LEVIN. Mr. President, I suggest Mr. AKAKA addressed the Chair. shows that the optimum number of the absence of a quorum. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ator from Hawaii is recognized for 5 students in a class, particularly lower grades, is in the mid- to upper-teens. clerk will call the roll. minutes. The legislative clerk proceeded to Among other problems, larger classes f call the roll. create discipline problems, especially Mr. BAUCUS. Mr. President, I ask REDUCING CLASS SIZE in communities with large numbers of unanimous consent that the order for Mr. AKAKA. Mr. President, I rise in at-risk children. If we want to give our the quorum call be rescinded. support of an amendment to be offered students the best possible chance to The PRESIDING OFFICER. Without by my colleagues from Washington and learn, they need smaller classes and objection, it is so ordered. Massachusetts, Senators MURRAY and teachers who are able to give them f KENNEDY, to S. 280, the Education enough personal attention. Flexibility Partnership Act of 1999. The In addition to helping students, this EDUCATION FLEXIBILITY amendment represents a true invest- amendment would also help Hawaii’s PARTNERSHIP ACT OF 1999 ment in education, as well as in the fu- teachers. As a former teacher, I have Mr. BAUCUS. Mr. President, I want ture of our Nation and my State of Ha- taught both small and large classes. I to state very simply but strongly and waii. have taught in different kinds of sys- unequivocally that I support S. 280, the Built on a bipartisan agreement tems. I know when students are grasp- Education Flexibility Partnership Act, passed last year, the amendment seeks ing ideas. And we know when they are and I support it very strongly. There is to reduce class size in early grades not. One of the most rewarding things a very simple truth. That is, we need to through the hiring of additional well- a teacher can experience is to see the trust our parents, trust our teachers, qualified teachers. This would mean faces of students light up when they re- trust our local school boards. We more individualized attention for stu- alize they have learned something new. should do everything in our power to dents from their teachers, increased When there are too many students in a unshackle our children from binding learning in the basics that will im- class and only one teacher to supervise Federal Government-mandated rules measurably help them in future grades, them, the result is a difficult and poor that might make sense in Manhattan, and a better chance at success from an learning environment. NY, but not in Manhattan, MT. early age. Mr. President, I hope my colleagues Two weeks ago I had the honor of ad- I also support other amendments to on both sides of the aisle will join me dressing the Montana State legisla- be offered to S. 280. One will be offered in voting for this class size amend- ture, and when I spoke I told them that by my colleague, the senior Senator ment. It makes sense to focus our ef- the time has come to bring the promise from New Jersey, Mr. LAUTENBERG, re- forts this way on students during their of world-class education to every Mon- garding an equally vital school mod- early grades, because these represent tanan. I daresay that virtually every- ernization initiative. I have spoken in some of the most vital years in a one in this body has made the same support of this initiative in the past. child’s educational development. We statement, because he or she believes it This plan would finance the building must give our children a rock-solid very deeply, when speaking to his or and renovation of public schools foundation in the basics so they may her own legislatures back in their own through tax credits in lieu of interest continue to build a strong base of States or to any group whatsoever that on bonds. Hawaii would receive tax knowledge throughout their edu- is interested in education. I believe credits to support $50 million in school cational history. We know that well- very deeply we must do that. modernization. educated children will mean a great I also believe we need to ingrain that The other amendment that will be of- citizenry for the future of our country. ethic into the hearts and minds of fered by Senator BOXER to help com- I thank my colleagues, Senators those who care about education all munities fund afterschool programs for MURRAY and KENNEDY, for giving me across our country. Indeed, it is similar kindergarten, elementary, and second- this opportunity and this chance to to the environment. We are the stew- ary school students will be one that I speak on their amendment at this most ards of our children’s learning, and our will support. This will help keep stu- important time in the history of our future as a nation very deeply depends dents off the streets after school, for country. on our willingness to invest in them too many youths in my State are left Thank you very much, Mr. President. and our teachers and our schools all with nothing to do but turn to drugs, I yield back the remainder of my time. across our country. alcohol, gangs and other destructive Mr. ABRAHAM addressed the Chair. We have a moral responsibility to behaviors. And this happens also in The PRESIDING OFFICER. The Sen- leave this Nation’s children prepared to other States. These amendments have ator from Michigan. meet the challenges ahead. That chal- my full support. f lenge takes a unique form when we Now I would like to focus my re- talk about meeting the standards of marks on the class size amendment. I ORDER OF PROCEDURE rural States. Nearly 40 percent of the commend my colleagues for supporting Mr. ABRAHAM. Mr. President, I am children who go to school in America the first installment of the 7-year class here today along with Senators SES- every day go to a rural school in a size reduction proposal last year. We SIONS and LEVIN to introduce a very small town, yet somehow we as a na- passed $1.2 billion in 1998 to hire 30,000 important piece of legislation. I won- tion invest only 22 percent of our total teachers. Under this spending, Hawaii der if I could obtain unanimous con- education funding in these students. will receive more than $5.6 million. We sent so we might have the speaking in Rural students are being shortchanged must pass the Murray-Kennedy amend- the order in which I would introduce by a ratio of 2 to 1. I will work hard ment to finish the job and assure that the legislation. Then, after I finish this year to see that every student in the teachers hired under last year’s speaking with respect to the legisla- America, whether in urban America or downpayment will continue to be fund- tion, Senator SESSIONS and then Sen- in rural America, is provided for fairly ed. ator LEVIN, in that order, would also and equally. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2241 But money alone is not enough. The do everything in our power to help our and they are going to ask them: Who is Federal Government must be a partner children. It is that simple. your teacher and how many children in education with parents, teachers, I believe the bill before us, Ed-Flex, are in your class? They ask those ques- and local schools, not an obstacle. Ed- is the right way to take care of it and tions because they know the number of Flex is the right step to take for our I applaud Senators WYDEN and FRIST students in the child’s classroom will children. All Ed-Flex does is say to for their efforts. I very much hope this make a difference in their child’s abil- States, if you come up with a better passes quickly. ity to learn that year and they know way to do your job, we will get out of I yield the floor. who their teacher is. If it is the best your way and let you do it. Right now, The PRESIDING OFFICER. The Sen- qualified teacher, their child will have a well-meaning but confusing and dis- ator from Washington. a successful year. tant Federal bureaucracy too often Mrs. MURRAY. Mr. President, I com- Next year, next fall when they ask stands in their way. Let me give some mend my colleague from Montana, that question, those schools that those examples. Senator BAUCUS, for his work on edu- children attend will have a new tool for Say Federal funds allowed a small cation and his understanding that this helping students to learn. That is be- Montana school, or even a large New is a key issue we need to address from cause of the budget bill we passed last York City school, to purchase comput- the Federal level. Too often today we year. Because of our actions, approxi- ers for students with disabilities. Those hear from people who say, ‘‘No, this is mately 30,000 new, well-prepared teach- computers probably will not get used a local issue, this is just a State issue.’’ ers will go into classrooms across this all day long, and it makes sense that Of course it is; it is absolutely a local country and we will be able to say we these computers be utilized to help issue; it is absolutely a State issue. have made progress. other students when disabled students But we have to do our part, too, wheth- Last year, as all of you will remem- do not need them. But Federal rules er it is passing the Ed-Flex bill so we ber, I came to the Senate Chamber prevent other students from using can reduce some of the bureaucratic many times to fight to pass my bill, S. those computers. Does that make regulations or whether it is providing 2209, which was the Class Size Reduc- sense? No. So, under Ed-Flex, States additional resources for those districts tion and Teacher Quality Act of 1998. can get a waiver and use these comput- to shrink class size or working with You will also recall that I finally got ers to educate all our children. teacher-training and technology. These my language into the appropriations Another example: If a school has over are things we have to address, and I negotiations and then worked closely 50 percent of its students who are under thank my colleague from Montana for with the administration and with lead- the poverty line, they can mix all of his work on this. ers here on Capitol Hill to get it their Federal funds together, pool them Mr. President, I rise today to talk passed, and it did pass, after a biparti- with State funds, and create programs about an amendment I will be offering san discussion and in a bipartisan way. that help every student in that school. shortly on the Ed-Flex bill, which is Last fall, last October, Republicans and But what about schools in the next going to be on the floor probably in the Democrats alike touted their success bracket, with between one-third and next several minutes. The amendment at providing local school communities one-half of their students under the I offer is one that many of my col- with much-needed help to improve poverty line? In those schools, money leagues have come to the floor to talk learning for every child by reducing for disadvantaged children must be about and to support, because it is an class size in grades 1 through 3. spent directly on those children, even issue that parents and teachers and The American people are watching if that same money can be used in ways community leaders and business lead- this week as we talk about education. that will better educate the disadvan- ers truly understand when it comes to They fully expect this Congress to con- taged children and every other student the issue of education. That is the fact tinue to support education efforts that in that school. that too many of our classrooms are really work, such as reducing class size The other day I talked to my very overcrowded; too many of our teachers and hiring quality teachers. They want good friend, Nancy Keenan. Who is are trying to teach to classes with 30 or to know whether what we did last Oc- Nancy Keenan? She is the superintend- 35 students. They are not giving stu- tober was just for a political moment ent of public instruction for my State. dents the individual attention they or whether we really are committed to There is no better friend to Montana need in order for them to learn the reducing class size so our children schoolchildren than Nancy Keenan. skills that we need them to learn, across this country will get the kind of She tells me that right now these whether it is reading or writing or education they need. We started the schools beat their heads up against math or science. job last fall and now we need to finish Federal rules, trying to untangle the The Murray-Kennedy amendment it. We have to provide the schools the redtape and convince folks over 2,000 which I will be offering will simply au- remainder of the funding necessary to miles away, back in Washington, DC, thorize a 6-year effort to help our hire 100,000 new and better prepared that their local plans make sense. It is school districts hire 100,000 new, well- teachers over the next 6 years. very, very depressing. If this bill trained teachers in grades 1 through 3. Our first and best opportunity for a passes, Montana—all States—could get School districts will be able to use up bipartisan solution is this debate on S. waivers so the schools could deal di- to 15 percent of those funds for profes- 280, which is the Ed-Flex bill that we rectly with the Nancys of the country, sional development activities so they are going to be discussing shortly. This and their parents and teachers, to find can improve the quality of their teach- is a perfect opportunity for early posi- a solution that works better for every ing pool—something that all schools tive success, and people are watching child. tell us they need. And, after meeting to see if we are going to work together It is time to restore trust back to the the target ratio of 1-to-18 in grades 1 on this critical issue this year. This people. Right now, 12 States have been through 3, school districts will be able week Americans are telling Congress granted the right by Congress to exper- to use the funds for professional devel- they want to see passage of the Mur- iment with education flexibility. You opment activities. This is an amend- ray-Kennedy amendment to reduce will not hear one Senator from those ment, again, that parents and teachers class size and improve teacher quality. States stand up with even one instance and community leaders support. We Mr. President, my class size reduc- where education flexibility has not have heard from law enforcement, we tion proposal honors the bipartisan worked. In fact, every State agrees have heard from businesses, that we agreement we achieved last year. It re- that it allowed local folks to form part- need to help address this from the na- quires no new forms and no redtape. It nerships, to create plans that work to tional level. focuses on hiring new teachers, but it better educate their children. That is When parents send their children to also makes investments in teacher all we want. We want our parents, our school next fall—next fall, 6 months quality from the outset. It allows dis- teachers, and local school boards, all from now—they are going to do what tricts that meet their goals of getting working together, to give our children they do every fall when their child to 18 or fewer students in classes in the very best. The Federal Government comes home from school on the first grades 1 through 3, to be able to use must be a better partner. We ought to day. They are going to sit them down that money to improve class size in S2242 CONGRESSIONAL RECORD — SENATE March 4, 1999 other grades, or to take steps to im- In Washington State, my home The PRESIDING OFFICER. Under prove the quality of their teaching State, Governor Gary Locke and key the previous order, the Senator from pool. State legislators are debating these in- New Mexico, Mr. BINGAMAN, is recog- Class size reduction isn’t some new vestments right now in Olympia and nized to offer an amendment. national idea. Local students, parents, watching what we are doing so there is Mr. BINGAMAN. Mr. President, I teachers, State and local policymakers an important reason right now to pass thank you very much. have asked for this kind of national in- the class size amendment today. Local AMENDMENT NO. 35 vestment in class size reduction for school districts, school boards across (Purpose: To provide for school dropout years. My proposal emphasizes local this country—and I was a former prevention, and for other purposes) flexibility in making improvements. school board member so I know what Mr. BINGAMAN. Mr. President, I Mr. President, let me talk for a they do in February and March; they send an amendment to the desk on be- minute about the Ed-Flex bill. Both put their budgets together for the fol- half of myself, Senator REID, Senator last year and this year I have been very lowing years—are looking to us to see BRYAN and Senator LEVIN. supportive of the Education Flexibility if we are going to continue this invest- The PRESIDING OFFICER. The Partnership Act. That is because I ment so that they can begin to put clerk will report the amendment. think to change thinking among local their budgets together and hire the The legislative clerk read as follows: and State policymakers is a good staffs they need to make a commit- The Senator from New Mexico [Mr. BINGA- thing. It frees them from some of the ment to now, so when those first hires MAN], for himself, Mr. REID, Mr. LEVIN and restrictions that may keep them and Mr. BRYAN, proposes an amendment num- are made in July, they know that this bered 35. our public schools from becoming the just wasn’t a one-time bill, but this bi- Mr. BINGAMAN. Mr. President, I ask best that they can be. But a change in partisan Senate and Congress, this ad- unanimous consent that the reading of thinking alone is not enough. Local ministration meant what they said last the amendment be dispensed with. schools need action. They need invest- fall when they said class size reduction The PRESIDING OFFICER. Without ment. They need resources in order to is a national priority. objection, it is so ordered. show measurable improvement for all We cannot wait to pass this amend- (The text of the amendment is print- children. ment. We need to do it now so that ed in today’s RECORD under ‘‘Amend- With class size reduction funds, we those school boards and those local ments Submitted’’.) will have new, well-trained teachers so communities know that we say what Mr. BINGAMAN. Mr. President, I am every child, every child in this coun- we mean and we follow up on it right proposing the National Dropout Pre- try, grades 1 through 3, can get the at- here in Washington, DC. vention Act as an amendment to this tention they need and that they must I will be offering this amendment Ed-Flex legislation. As I indicated, the have in order to improve the quality of later. I hope to be talking again about cosponsors of this amendment are Sen- their learning. it today. This is clearly an issue for ators REID, LEVIN and BRYAN. Once local educators have a plan for which parents and communities are In my view, the amendment would improving student achievement, we looking to us, to trust the Federal Gov- create a much-needed program to tar- must make key investments at the na- ernment. Will they follow up on their get those schools in our country that tional level to help them get the job word? Will they make an investment have the highest dropout rates in the done. This means funding class size re- that actually makes a difference? As Nation. There is at present very little duction, teacher quality improvement, we go through this debate, I will show help from the Federal level going to and school construction. It also means you, all of my colleagues, and the some of these most troubled high passing Ed-Flex, which we all want to country, studies that show that class schools, and the amendment is a valu- do. Today is our best chance to pass size reduction makes a difference in able necessary addition to this legisla- both Ed-Flex and class size reduction student learning. We have a respon- tion to begin moving ahead in solving and send a strong message to local edu- sibility as the Federal Government. We this problem. cators that we have heard their con- have to live up to our commitment and Improving our schools, as we are try- cerns and we are responding. Congress not just make promises about edu- ing to do through the Ed-Flex bill and does need to pass Ed-Flex, but, more cation but truly make investments through many other initiatives in Con- importantly, it must pass the Murray- that work. gress, is not going to make a whole lot Kennedy amendment to reduce class I thank my colleagues for the time of difference if half or a third—some size and improve teacher quality. this morning. I look forward to their substantial portion—of our students Mr. President, we have to continue to support in a bipartisan way for the have already left before they graduate improve the effort that we began last class size amendment. and they are no longer in those schools year, right here, in a bipartisan effort Mr. President, I suggest the absence to receive the benefits of that assist- to help local schools, local teachers, of a quorum. ance. Efforts to provide better teach- The PRESIDING OFFICER (Mr. AL- and local communities get the results ers, more flexibility, computers in the they need. Schools across this Nation LARD). The clerk will call the roll. The bill clerk proceeded to call the classroom, higher standards—all of are fully engaged in this debate right roll. those efforts—will be diluted if we con- now over quality in learning and in Mr. BINGAMAN. Mr. President, I ask tinue to ignore the dropout crisis we identifying what works to improve unanimous consent that the order for have in this country. learning for students. Local education the quorum call be rescinded. We do have what I refer to as a drop- leaders know that class size reduction The PRESIDING OFFICER. Without out drain. This chart makes the point is effective. They know as they reduce objection, it is so ordered. very graphically showing that—the class size they can also improve the f bucket represents our school system— quality of their local teaching pool by we have students coming out of the improving professional development, EDUCATION FLEXIBILITY school system in very large numbers training certification and recruitment. PARTNERSHIP ACT OF 1999 and not gaining the benefit of the edu- Local communities are using the The PRESIDING OFFICER. Under cation we are trying to provide. Federal class size and teacher quality the previous order, the Senate will now At too many schools, dropout rates effort as a way to beef up their own in- resume consideration of S. 280, which reach 30 percent and even 50 percent, vestment in the future of young people. the clerk will report. according to a 1998 Education Week re- Governors and State legislators across The legislative clerk read as follows: port. Most States do not publish cumu- this country are proposing class size A bill (S. 280) to provide for education lative data, but Florida recently found investments this year based on our suc- flexibility partnerships. that its 4-year dropout rate approached cessful efforts of last year. They are The Senate resumed consideration of 50 percent when they added the stu- watching to see whether or not we real- the bill. dents who dropped out in the freshman, ly mean that we are committed to Pending: sophomore, junior and senior year. class size reduction or it was just a po- Jeffords amendment No. 31, in the nature They got close to 50 percent in the litical move from last year. of a substitute. State of Florida. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2243 There are roughly 3,000 students who States, such as Nevada, where Senator ished high school. The median personal drop out on average each day in this REID, who is my cosponsor on this bill, income of high school graduates during country, according to the Department and Senator BRYAN hail from, and the prime earning years, 25 through 54, of Education statistics. About 500,000 Georgia and New Mexico, have a much is nearly twice that of high school students drop out of high school each more severe dropout rate. dropouts. So we have a very serious year. Let me just say another word, before problem here. Let me indicate at this point, Mr. I go on to this chart here, about the At the present time, there is no Fed- President, that the reason I am offer- issue of Hispanic students. The dropout eral program dedicated toward eradi- ing this legislation on the Ed-Flex bill rate for Hispanics has hovered near 30 cating the problem. This $150 million early in this Congress is that if we go percent for many years. That is more that we contemplate in this legisla- ahead and try to do this as part of the than three times the rate for white stu- tion, this amendment, would allow us Elementary and Secondary Education dents, more than two times the rate for to help 2,000 schools with the highest Act, we will be talking about trying to African Americans. The Hispanic popu- dropout rates throughout the country. do something 18 months down the road, lation is the fastest growing population With funds that they could receive because it is expected that the Elemen- in our Nation, and many are being left from the State, these schools could re- tary and Secondary Education Act will behind in their educational opportuni- structure themselves in ways that have likely not become law until sometime ties while others are moving ahead. proven to lower dropout rates. late next year. While the Hispanic students in our We do know some of the ways schools If that is the case, then we are talk- country make up 14 percent of all stu- can lower dropout rates. We need to get ing not about 500,000 students per year, dents now, they will comprise 22 per- that information out better, and we we are talking about a very large num- cent by the year 2020. In large part due need to give schools the resources to ber of students who will, in fact, have to differences in dropout rates, His- act on that information. This is nec- left our schools with us sitting here panic workers earn only about 61 per- essary because most Elementary and trying to figure out what the right cent of what comparable non-Hispanic Secondary Education Act programs, in- timing is to begin dealing with the workers are earning. So you can see cluding title I, which of course is the problem. the problem is severe. largest program we authorize through These new dropouts will join about 4 Referring again to this chart, unfor- the Elementary and Secondary Edu- million other young adults who are tunately for Nevada, it is the State cation Act, do not reach significant presently without high school degrees. with the highest dropout rate. This is numbers of high school students. There has been a lot of talk by the the dropout rate, on an annual basis, In our most troubled communities, President and by many of us about end- according to the Department of Edu- this creates a very real dropoff in sup- ing social promotion, and we all favor cation statistics. Twenty-nine States port services when students move from ending social promotion. But if we pur- have provided annual dropout data. an elementary or middle school with a sue that, and pursue it with vigor, we The other States have not provided strong title I program. They get the as- may create an even greater risk for that information. And, of course, they sistance at the elementary level, and students dropping out of our school are not on this chart. But unfortu- even at the middle school level, but system. nately, close behind Nevada and right when they get to high school, the as- Though dropout rates have not risen behind Georgia is my own State of New sistance is not there. yet, higher standards mean more stu- Mexico, and the dropout rate there is Not even GEAR UP, which is a newly dents become discouraged and fall 8.5 percent according to these statis- created tutoring program to help mid- through the cracks, unless there is tics. dle school students and provides real some provision made to assist those The National Goals Report—I serve support to help schools make fun- students in meeting those higher on the National Education Goals damental changes to the way they are standards. While some progress has Panel, Mr. President. And one of the organized and run, that program itself been made for African American stu- discouraging things about serving on is not available to solve this problem. dents, the real concentrated problem that panel has been that over the last Mr. President, this is not the first we have is in the Hispanic student pop- several years—back in 1989, President time that we have had a chance to act ulation. Hispanic students remain Bush and the Governors met over in on this legislation. I offered this legis- much more likely to drop out. Charlottesville, VA, to set out national lation last year to the bill which Sen- Let me call people’s attention to this goals. And they had a very good vision ator COVERDELL had sponsored on edu- chart called ‘‘Status Dropout Rates for of what they thought we ought to be cation issues. It was adopted here in Persons Ages 16 to 24 by Race Eth- trying to do as a Nation. the Senate. We had 74 Senators who nicity for the Period October 1972 The second goal is that at least 90 supported the exact legislation, iden- through October 1995.’’ What you can percent of our students should grad- tical legislation last year. It has been see here very clearly is that the rate of uate from high school before they leave endorsed, this amendment, by the dropouts in the Hispanic community is school. Unfortunately, the reality is Council of Great City Schools, by the up in the range of 30 to 35 percent. The that we have not made progress on Hispanic Education Coalition, and by rate for black non-Hispanic students that. The National Goals Report, the the Education Trust. and white non-Hispanic students is latest National Goals Report, found Local schools need to decide how best substantially lower, down in the area that roughly 40 States have not made to address the problem in their commu- of 10 to 15 percent. any progress in increasing school com- nity. And we are not trying to dictate So we have a very serious problem pletion rates during the 10 years that what any local school does to solve this and one that we have not been able to we have had since that national edu- problem. The legislation gives districts address, and it most directly affects cation goal was agreed to. the power to choose from a broad array the Hispanic students in our country Dropout rates affect more than just of proven, effective approaches to the and in our State. the students who leave school. Let me dropout issue. One reason I became interested in show another chart here which will As in the Obey-Porter program, this, Mr. President, which should be make that point. While dropouts face a States would receive funds on a for- obvious—I am sure it is obvious to my bleak future in terms of good jobs, mula basis identical to title I, and dis- colleagues—is that a very large per- communities that they live in are af- tricts would compete for grants of not centage of our population in New Mex- fected by higher crime, higher welfare less than $50,000 from the State. ico is Hispanic and particularly in the rates, as well as very limited economic The dropout problem can be ad- school system. A great many of the opportunity. Unemployment rates of dressed through school-based reforms. young people in our State are Hispanic, high school dropouts are more than While many excuses are made for the and the problem affects us in a very twice those of high school graduates. dropout problems, in fact school-relat- real way. The probability of falling into poverty ed factors are cited most often by the The annual dropout rate is almost 5 is three times higher for high school students themselves, the students who percent each year for all States. And dropouts than for students who fin- do drop out of school. When they are S2244 CONGRESSIONAL RECORD — SENATE March 4, 1999 surveyed and asked why they left their lack of contact with caring with students who have dropped out school, in 77 percent of the cases, they adults. This bill would help large and are back in school and talk to cite school-related factors as the rea- schools revamp themselves into small- them about the reasons. son. These are students who are fail- er academies, schools within schools. There is a problem here that we have ing—who are failing—who do not like There is a reason why our private left unaddressed too long, in my opin- school—they do not get along with schools are doing well. One of those ion. their teachers or their peers and basi- reasons is that most of them are very Mr. REID. We talk about this being cally have found that there is nothing small. Clearly, we need to learn from an emergency. Think of the fact that 82 there in the school to keep them there. that in the public school system. percent of the men and women in our When you look at the top school-re- Schools with high dropout rates re- prisons around this country are high lated reasons getting behind that other ceive little, if any, Federal assistance school dropouts. statistic, the top school-related rea- in turning themselves around. Mr. BINGAMAN. That is true. sons, the first or the most often cited The vast majority of the Elementary Mr. REID. If we had no other statis- top school-related reason is that they and Secondary Education Act pro- tic than that, it would seem this is an were failing or they could not get along grams are targeted to our elementary emergency. with their teachers, and that is a rea- schools. We need to restore the ‘‘S,’’ Mr. BINGAMAN. That is exactly son for the students dropping out. They which stands for secondary schools, in right. Clearly, if we can resolve this do not like school. They could not get the ESEA legislation. ESEA stands for problem, reduce this problem, we will along with students, felt they did not Elementary and Secondary Education have an impact on the number of our belong. They were suspended or ex- Act. Unfortunately, we usually forget young people who wind up in criminal pelled in 25 percent of the cases; and about the ‘‘secondary’’ education as- activity. I think it is a priority for they did not feel safe in 10 percent of pect of the Elementary and Secondary that reason as well. the cases. Education Act. Mr. REID. I also say to my friend These are school-related concerns Addressing the dropout crisis in my from New Mexico, this is a good bill. which the schools themselves can begin State has become a real priority for The amendments that are going to be to address, Mr. President. This is not me. We have made some progress in the offered at the appropriate time dealing something where we can say it is up to last 2 years but we still have one of the with class size and the number of new the parents. ‘‘If the kids don’t want to highest dropout rates in the Nation, teachers—the Senator agrees with me go to school, it’s the parents’ problem, with over 7,500 students dropping out in that that is important? it’s not the school’s problem.’’ That the years 1995 and 1996. Mr. BINGAMAN. Yes. has been the approach we have taken In the most recent State-level report, Mr. REID. But I believe there is for decades in this country to this New Mexico’s annual dropout rate had nothing more important than keeping issue, and it has not gotten us where fallen to under 8 percent, contrary to our children in school. All these other we need to be. the statistic I had on the chart, but the things I support, and I am behind them Let me also talk about the size of rate is nearly 10 percent for Hispanic all the way. In fact, would the Senator schools. Small schools, academy pro- students and over 8 percent a year for agree with me that perhaps it is more grams, challenging material, alter- Native American students. important to keep our kids in school? native high schools, all of these have There are innovative programs that Mr. BINGAMAN. Mr. President, let proven effective ways of addressing the will help us deal with this problem. In me just respond by saying I think you needs of at-risk students in large, my State, we have a truancy preven- can do an awful lot to improve the alienating, boring high schools. tion initiative in Clovis, NM. We have quality of education. If the students Mr. President, it is clear when you a Value Youth Program in Cobre High aren’t there in the classroom to benefit begin looking at this problem—and I School in Grant County, NM. In Santa from that, all of that effort goes for see it in my State—the problem is Fe we have a dropout prevention task naught. most severe in our large high schools, force. We have a dropout czar who has I do think we need to address this in our large middle schools where stu- been appointed in the Albuquerque problem as we try to upgrade the qual- dents feel anonymous, where there is schools. ity of education. Clearly, this problem very little interaction between the stu- Clearly, there is much more that can has gone unaddressed for way too long. dent and the teacher. And that problem be done. This legislation will provide Mr. REID. Mr. President, I say to the is severe. some of the resources to do that. I be- Senator from New Mexico I went to a In particular, this program that we lieve very strongly that this is some- high school that had a few hundred have proposed here will allow us to thing we should do now. kids in it. I moved from a very small make large schools smaller without Before my cosponsor speaks on this rural town in Nevada to what I thought building new school buildings. School issue, let me reiterate why we need to was a very, very big high school. The size does matter. Yet we are still forc- do this now. We should not be sitting size of that school today is insignifi- ing our young people to go to very, around Congress biding our time and cant compared to the size of the high very large schools. And in some places assuming that this is not a problem schools in the metropolitan Reno-Las they have taken the very innovative that deserves emergency attention. Vegas area. There are numerous Las step of breaking large schools into This is a problem that deserves emer- Vegas high schools that have over 3,000 smaller schools where you have schools gency attention. It is in our best inter- students. within schools. And that is part of the ests on a bipartisan basis to pass this The Senator displayed a chart indi- solution, I believe. legislation now, early in the session. I cating the reasons kids drop out of In New Mexico and throughout the believe we can do that. I very much school—failing, couldn’t get along with Nation, fewer than one out of three urge my colleagues to support the teachers, didn’t like school. Can you high school students goes to a school amendment. imagine how lost a person would feel that has 900 or fewer students. That is I yield the floor. coming from Searchlight, NV, which the ideal size for a high school, accord- The PRESIDING OFFICER. The Sen- had 1 teacher teaching all 8 grades, to ing to studies that have been done na- ator from Nevada. a school with over 3,000 kids? I think it tionally. Mr. REID. Mr. President, if I could would be easy not to like school, Part of the funding we are trying to engage in a conversation with the Sen- wouldn’t the Senator think? obtain through this legislation would ator from New Mexico, it is stunning to Mr. BINGAMAN. Mr. President, I be made available to schools to re- think that 3,000 children drop out of agree entirely with the point. structure into smaller learning com- high school every day. Is that difficult I visited some of these very large munities. More and more research is to comprehend? schools in my State. The truth is, when showing that large middle and high Mr. BINGAMAN. Visiting high they ring the bell to change classes, schools are alienating and anonymous schools, as I know the Senator has you almost have to get out of the way, places for children to learn. This con- done a lot, you run into students on because you are going to get knocked tributes to their disinterest in school, the verge of dropping out. You sit down to the floor if you stay right out in the March 4, 1999 CONGRESSIONAL RECORD — SENATE S2245 middle of the hallway; there is such a would never have graduated from high give them the money to implement rush of activity. school—and on and on, until we get to that program. I do think there is a real problem in the point where we have approximately This would not mean the Federal the size of our schools. Whenever you 1 million people in prison today, and Government is micromanaging what get a school that is so large that no- 820,000 of those have never completed goes on in school districts. The school body really pays attention to whether high school. districts would manage every program or not a student comes to school in the Mr. President, every day, 3,000 chil- the Federal Government would assist morning, then the school is too large, dren drop out of high school. Every them with. There are some really fine in my opinion. day. It would seem to me that there programs around the country. In fact, Mr. REID. I say to the Senator from should be no greater concern in this on a web site, every month, there is a New Mexico, he was always very faith- body than making sure that that does model program dealing with dropouts. ful in attending when I had the respon- not happen. Every month, they put on the web site sibility of the Democratic Policy Com- Now, I don’t expect magic to occur a program that they think should focus mittee and we did a retreat. And he tomorrow after this legislation passes, attention on keeping kids in school. will remember a woman by the name of and that we are going to have all 3,000 The model programs in March were Deborah Meier came to speak to the children stay in school, but let’s say called the Truancy Intervention group of Senators assembled. As the that we could make some progress so Project and Kids in Need of Dreams. Senator may recall, she had been an el- that only—I say that with some trepi- The pseudonym is TIP and KIND. ementary school principal in New York dation—only 2,500 dropped out every These programs have dealt with kids of in this very, very large public school. day. That would mean 500 children all levels. We can’t just go to a high She came to the realization one day as every day would be children who could school and say that is where we are principal of the school that she was ba- arrive at a better life. They would be going to start keeping kids in school. sically wasting her time. The scores of able to achieve what they should be We have to work from the time they the children were very bad; there was able to achieve. start kindergarten. It is a program nothing she could seem to do that was The concerns that we have with this that kids don’t just drop out of school right in helping these kids achieve. dropout rate is magnified every day in the 9th, 10th, 11th or 12th grades. So she went to the school board and when you read in the paper about peo- Their inclinations and feelings about said she would like to try a radical ex- ple doing things wrong. Most of them school develop much earlier than that. periment: We have this elementary are high school dropouts. And 500,000 That is why I talked with the Senator school; let’s break it up into four sepa- students dropped out of school before from New Mexico about the great pro- rate schools. We will have four sepa- graduating from high school every gram in New York where they broke up rate principals, four separate sets of year. I am sorry to say that dropout a very big elementary school and sud- teachers. It will be like four schools in rates are the highest in the southern denly found that the kids weren’t slow- one building. They will each have their and western regions of the country. er than other kids, that they weren’t separate identity, with separate names. I am very embarrassed to say that in less inclined to learn than others; they She has written a book entitled ‘‘The the State of Nevada, 1 out of every 10 just needed a setting for learning. That Power of Their Ideas.’’ In this book she children drop out of high school. I wish is why we need to have this bill passed, talks about this and how immediately we did not lead the country, but we do. so that schools around the country the grades soared, the scores on their We have to do something to change that are having problems with dropout national tests soared. dropout rates all over the country. Of rates can at least meet part of their Does the Senator remember that course, Nevada, as I have said, leads needs. presentation? the Nation, but no one else should feel The program I talked about—the Mr. BINGAMAN. In fact, I had the very high and mighty about the fact model program in the month of good fortune to go to that school in that only 8 or 9 out of 100 drop out in March—is a program whose objective New York and see some of that success. other States. It is too many. We have was to provide an early positive inter- It is a great success story and it shows to make sure that there is progress vention with children reported as tru- the value of a small school where you made in lowering the national dropout ants, because truancy usually charac- have teachers and administrators and rate. terizes other symptomatic behavior. students and parents, all taking owner- Why do children drop out of school? TIP volunteers work to determine and ship in the education process. That is The reasons are diverse. We talked satisfy their clients’ needs so that the what she was able to create. about some of them with Senator clients may return to school. The pro- Mr. REID. I thank the Senator. BINGAMAN earlier. We must invest in gram works to meet the daily neces- Mr. President, I express my apprecia- diverse, innovative solutions to help sities of clothing, water, heat, trans- tion to the Senator from New Mexico kids stay in school. What we are talk- portation and long-term needs. They for his substantive contribution to ing about here, Mr. President, is not even go into drug, psychiatric, tutoring what goes on here in the Senate. There some vast Government program. In and child care. It is a program used in are very, very few Senators in the his- fact, the same legislation that we are Fulton County, GA. Its funding came tory of this body who add so much sub- talking about today, Senator BINGA- from an Atlanta law firm and other stance as the Senator from New Mex- MAN and I offered last year in the form private donations—the law firm of Al- ico. He is a person who, by education of an amendment, and it passed. We got ston and Byrd. As I say, this is the alone, should contribute—Harvard un- 74 votes in the Senate, but it was killed model program of March on this web dergraduate, Stanford Law School. But in the House. I hope we get more than site. it is more than just the education. He 74 votes this time. I can’t imagine how In Las Vegas, at Horizon High School has put his education and his experi- anyone could vote against this legisla- in the Clark County school district, ence to the benefit of the people of the tion. there is a program there dealing with State of New Mexico and this country. We are asking that there be $30 mil- teen mothers and fathers and pregnant There is no better example of that lion a year for the next 5 years—a drop teens. This is a program that is part of than this legislation which I am hon- in the bucket out of the $1.5 trillion we the alternative education project that ored to be able to cosponsor with the spend basically every year—establish- facilitates high school graduation of Senator. Again I repeat, of the people ing within the Department of Edu- teen parents and pregnant teens by in prison today, if there were 100 people cation a division, a bureau, the sole re- providing quality day-care services. in prison in our country today, 82 of sponsibility of which would be to work There may be some who say, Why those prisoners would never have grad- to keep kids in school. They would do should the school district get involved uated from high school. that by looking around the country at in such a program? Well, as the Sen- Let’s say there were 1,000 prisoners in programs that are successful. There are ator from New Mexico mentioned, we America today; 820 of those would some that work pretty well. We would are going to cut back on social pro- never have graduated from high school. tell school districts to apply for a motions, but we don’t want to dump If there were 10,000 prisoners, 8,200 grant, a challenge grant, and we would out in the streets all of these kids who S2246 CONGRESSIONAL RECORD — SENATE March 4, 1999 are not going to be socially promoted. where they interview people who work tried to do, separate and apart from We need programs to get them into the in government, who work in the pri- this amendment but which will com- next level honestly. We can do that vate sector. I have been doing inter- plement this amendment, is to get with summer alternative programs, views in their program at their station school construction money. School dis- afterschool programs, tutoring pro- for some 4 years. They are excited tricts all over the country are having grams. When a child, for whatever rea- young people. They not only do tele- bond issues fail. We are very lucky and son, becomes a parent, he or she should vision, they are not only involved in fortunate. We are blessed in southern not automatically have to drop out of the TV station, but they are involved Nevada because the people in Clark school. That is why the program in Las in other things. This has helped these County are continuing these bond Vegas is something that I think de- kids—I have heard them say so—de- issues. Over $2 billion in bond issues serves national attention. velop self-confidence. They are proud have passed in four separate elections These classes are set up to keep these of the fact that they can speak two during the last 10 years—over $2 bil- kids in school—kids having kids—and languages. When I go there, one of the lion. Around the rest of the State of are structured to provide these chil- students will interpret for me. They Nevada, though, they haven’t been so dren with skills in listening, speaking, have become more confident since con- fortunate. Schools are not being built independent thinking, and even per- necting with the community. They because they cannot get the bond sonal hygiene. There are programs in have a recognition of the opportunities issues passed. We have some counties the Western States—and I am certain that are available to them. Their per- which simply do not have the financial the Senator from New Mexico can ap- sonal goals have risen steadily. They wherewithal to build new schools. They preciate that. We have programs where have won awards and honors in the are in counties where there is a lot of we focus on Indian children. There is a community for their efforts. They have Federal land. There is no mining. program in the Washoe County school become actively involved in commu- There is minimal ranching going on. district that focuses on keeping Indian nicating their importance to their They simply can’t afford to build new students in school. There is a tremen- peers and to younger Hispanic youth. schools, and kids are being educated in dously high dropout rate with Indian They started a tutoring program. facilities that really, in the eyes of children. The program that is being There is a youth leadership club, ad- some, should be condemned. tested really to work with these chil- vanced group, enthusiasm, volunteers The bill for school construction dren is one that I think will work very for all kinds of programs in the com- would help rapidly growing school dis- well; it is called Phone Work. It is a munity. They work in the juvenile jus- tricts such as Clark County and Lin- voice mail approach to assist parents tice system. The Governor selected coln County, which need help because and teachers in the monitoring of the them to work in the Goals 2000. of the lack of economic growth in those students’ homework assignments. Par- This is a wonderful program, Mr. counties. That is something that could ents are able to leave recorded mes- President, one that should be available complement this and hopefully would sages for the teacher, providing a two- to the rest of the country. That is what have school districts focus on not how way communication between home and this amendment provides. It makes big they can build a school but how school. The teacher’s responsibilities these programs available to the rest of many schools they can build to accom- include recording daily assignments by the country. I think that is all we can modate the children. a certain time of day, verifying each ask for—that school districts have the I hope, Mr. President, that this issue student’s class assignments, written in ability. If they want to make an appli- dealing with 3,000 children dropping the Phone Work assignment book, and cation saying they have a dropout out of school every day is something that each student takes home books problem, what programs are available? the Senate will focus on. It is, as I have and materials that are needed. Student What programs would meet their indicated, the No. 1 problem as far as I responsibilities include recorded home- needs? Have experts give them dif- am concerned with our schools today— work assignments, taking books and ferent alternatives, and they can children dropping out of school. I rec- materials home, and having parents choose from those. If their grant is in ognize the reason for children dropping check completed assignments and as- effect, then it is up to them to imple- out of school is varied. There are a lot sign a designated time and place for a ment the program; the Federal Govern- of reasons they drop out of school. But student to study. These are details that ment stays out of their lives. whatever the reason, it is a situation some may think are not important, but We have a significant problem in that we must focus on. We must do if you are trying to keep children in southern Nevada especially. That is something to keep children in school. school—and there are some difficulties rapid growth. We have the most rapidly Mr. President, let’s talk about the fu- because the parents work, but this sys- growing city and the most rapidly ture for high school dropouts. We know tem allows, through the telephone—a growing State in the country. We have that unemployment rates of high program called Phone Work—that the to keep up with the growth in the school dropouts are more than twice teacher and the parent keep in touch schools. We have to build a school and those of boys or girls who graduate and work to keep this child in school. a half a month to keep up with the from high school. The probability of One of the programs that I have growth in the Clark County school dis- falling into poverty is three times worked on and have been impressed trict. We hold the record of dedicating higher for high school dropouts than with is a program called OLA in Carson 18 schools in 1 year. The growth is phe- for those who have finished high City. Surprising to most people is the nomenal. Our long-time superintendent school. The median personal income of fact that Nevada has a large number of of schools is a very courageous, very high school graduates during the prime Hispanic students, Hispanic people, but good superintendent by the name of learning years—25 to 54—is nearly more students than adults. We have in Brian Cramm. He has become more of a twice that of high school dropouts. the State of Nevada, in the Clark Coun- construction superintendent than a I have to mention again that 82 per- ty school district, in the Greater Las school superintendent. Think of that— cent of the people in our penitentiaries Vegas area, the eighth largest school a school and a half a month. The goal or prisons or jails around the country district in the United States, and over has been met. In 1 year, 18 schools were are high school dropouts. The children 25 percent of the students in the Clark dedicated in the Clark County schools. of high school dropouts, it has been County school district are Hispanic. But in an effort to accommodate all of statistically proven, have a much high- Other places in Nevada also have these students, we have huge schools. er probability of dropping out of school large Hispanic populations. In Carson As Senator BINGAMAN and I have spo- than children whose parents did not City, NV, our capital, we have a pro- ken about, we really need to focus on drop out of high school. gram, as I have indicated, called the ways of having smaller schools. Let’s look, as Senator BINGAMAN did, OLA Carson City Program, designed to I frankly don’t think, unless the Fed- at Hispanics and what is happening keep Hispanic children interested in eral Government recognizes this high around the country with Hispanic chil- school. It has done a remarkable job. It school dropout problem is the problem dren. I talk about the OLA Carson City has been in existence for 4 or 5 years. that it really is, that we are going to Program, which is a miracle program. They produce a television program get help. One of the things we have It is working wonders in Carson City. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2247 But we have too many Hispanic chil- increased unemployment rates, in- to such programs as those for dropouts. dren all over the country dropping out. creased prison incarceration rates, and This Nation, however, has a very seri- We have too many Hispanic children an increase of people on welfare and ous problem with respect to education. dropping out of schools in Nevada. We other Federal assistance programs. By The Senator from New Mexico and I sit talk about a dropout rate of over 30 keeping our kids in school, we are at- on the Goals 2000 Panel. We have been percent, which is some 200 to 300 per- tacking much larger social and eco- there, frustrated, because over the pe- cent higher than other children and nomic problems. riod of time we have been on it we have something we should become concerned It may be a surprise to many, but not had any measurable change in the about. there is no national plan to lower the statistics in this country about the Why are so many Hispanic children dropout rates—there is none—and no state of our education. dropping out of school? The bulk of targeted program to help schools most The President has appropriately also Hispanic students who come to Nevada in need of restructuring to lower drop- pointed out the difficulties of social and the western part of the United out rates and raise achievement. We promotion. We are looking into that, States are from Mexico. Mexico does would all think this should have been obviously. There are programs that are not have a tradition of public edu- done a long time ago, but it has not required for that, but it is not easy to cation. In addition to that, there are been. I think it is time to keep our do it program by program. That is just language problems that we all realize. children in school. It should become a not the way it should be handled. It We also have the phenomenon that His- national priority. should be handled in a coordinated ef- panics are noted for having a really Again, unemployment rates of high fort, which we are doing, with hear- good work ethic. They believe in work- school dropouts are more than twice ings, to fully understand why, for in- ing hard. They are not afraid to work. those of high school graduates. The stance, there are dropouts, why kids That is a bad combination, because probability of falling into poverty is are dropping out, before we suddenly with the shortage in the labor market three times higher for high school come up with a program that is going there are people who entice young men dropouts than for those who have fin- to attempt to alleviate the problem. and women who are Hispanic to go to ished high school. The median personal So I want Members on both sides to work. That gives them another excuse income of high school graduates is please refrain from offering amend- not to be in high school, because they twice that of high school dropouts. The ments that should be appropriately are making fairly decent money. The median income of college graduates is considered in the Elementary and Sec- fact of matter is, they are still doing three times that of high school drop- ondary Education Act’s reauthoriza- those entry-level jobs when they are 55 outs. For the fourth time: 82 percent of tion, because only with coordinated or 65 years old. our people in prisons have not grad- hearings and sitting down and working We have a problem that we have to uated from high school. Need we go fur- together can we come up with a coordi- identify. The Hispanic students have a ther? nated plan to handle all of these very So I hope this bill will receive over- dropout rate of 30 percent compared to serious issues which we have. I am whelming support and that we can get an overall rate of 11 percent. And the 30 hopeful the Senators would withdraw this bill passed in the House of Rep- percent is lower than it is in a lot of this amendment at this time. They resentatives. This is something that is places. Unemployment rates for His- have my assurances that we will be dis- important. This amendment is as im- panics is high. That is because, for cussing fully the matter of school drop- portant as the underlying legislation— those who have not finished high outs when we get into the hearing I believe more so. I, again, express my school, it is really hard to get a job. process. appreciation to the people of the State We are already into the hearing proc- Forty-nine percent of all persons living of New Mexico for sending to the Sen- ess. They are all tied together. We did in Hispanic households receive some ate someone with the abilities, the type of means-tested assistance. pass, this past year, at least one or two skill of Senator BINGAMAN. This We can make all of these figures dis- efforts: The Reading and Excellence amendment is an important amend- appear with a high school education. Act, which gets into the questions of ment. It has been an honor for me to We need to do that. why people drop out; and we have oth- work with him on this. I repeat, I hope As we all know, with this new census ers that we passed last year that we are the Senate overwhelmingly passes this that is going to be completed in a year studying in terms of professional train- much-needed amendment. and a half or so, it is going to show a The PRESIDING OFFICER. The Sen- ing and all that. There will be other tremendous rise in the number of peo- ator from Vermont. amendments, I am sure, that we have ple of Hispanic origin making up the Mr. JEFFORDS. I thank both Sen- heard about, that will also be right in population of the United States. By the ators for raising this issue. There is no line addressing the problem. year 2030, Hispanics will make up 20 question but one of the most severe There is one, I understand, on prin- percent of the population of the United problems we have—probably the most cipals, principal training, and there States. Even about 10 years from now, severe problem we have—is the large will be a number of other amendments by the year 2010, the Hispanic origin number of dropouts in the schools. Cer- which they will offer. But I want to say population is projected to become the tainly they have delineated their feel- I am not willing to accept amendments second largest ethnic group in the ings on that very accurately. which will do what may be a good idea United States. Soon, as you know, it But I also point out, however, we are because of our purpose right now. will be the No. 1 ethnic group. We need dealing this year with the Elementary Every 5 years we reauthorize the Ele- to address the dropout problem in this and Secondary Education Act reau- mentary and Secondary Education Act. country for everyone, but especially for thorization. These programs, and I am We should concentrate on this right the Hispanics. Hispanic leaders all over sure there will be others which will be now. We have to have a coordinated ef- America understand this and are work- offered on this bill, are all worthy of a fort on it. ing hard. But I think we need to focus very substantial examination. In fact, First, we must delineate specifically on what we can do in the Department we have already started holding hear- what the students should have when of Education to assist them. ings on reauthorization of the Elemen- they leave the school. We know they I have spoken to the Hispanic leaders tary and Secondary Education Act. should read. We have the social pro- in the State of Nevada and this is Those hearings are going well. We will motion situation that if they don’t clearly the No. 1 problem—keeping be holding many more. Two-thirds of read, we just push them on through. their youth in school, having them fin- all the money we spend in education at The statistics are startling in that re- ish high school. That is how the na- the Federal level is on the Elementary gard. Over half of the young people who tional Hispanic leaders feel also. and Secondary Education Act. That is have graduated from high school have If we do not address the dropout where the money is. Thus, that is graduated functionally illiterate. The problem in this country now, we will be where these amendments are appro- primary cause of that is social pro- faced in the future with a weak and priate. motion. What we do to try to alleviate uneducated workforce. We don’t need I want to assure both Senators that that through ESEA is something we that. We can’t stand that. We will have it is my intention to give top priority have to look into. S2248 CONGRESSIONAL RECORD — SENATE March 4, 1999 Why do students drop out? We need Mr. VOINOVICH. Mr. President, I programs in this country. I have been to look into that very thoroughly. Ob- share the concerns about the dropout chairman of a group called Jobs for viously, a great deal of that usually oc- rate in this country with the Senator American Graduates for a couple of curs in the middle school area where from Nevada. I am very familiar with years. As a matter of fact, Senator young people come through and they the dropout rate in the State of Ohio ROBB from Virginia at one time was don’t see any relevance of education to and what we tried to do to deal with head of Jobs for American Graduates, their lives. We have to look into how to the problem. and Senator JEFFORDS is very familiar alleviate the middle school problem. I contend that the passage of Ed-Flex with the Jobs for American Graduates One of the problems there is the lack will allow many States today to better Program. It is a program that has been of training of principals. That is an- utilize the money coming into their in existence for 19 years and has served other area we should be looking at in State to do a better job in those early over 250,000 young people. the Elementary and Secondary Edu- years with youngsters so that they will What we do is, we identify kids in the cation Act. But right now I want to be be successful and they will stay in 12th grade who are in need of help. We very clear: I do not think we should be school. get them into a job club. We intervene, using this bill to do that. This bill is For example, in the State of Ohio, we and 90 percent of them stay in school. one which will just help the States now have used the Ed-Flex waiver on the Then we follow them a year afterwards to be able to deal with some of these Eisenhower Professional Grant Pro- to find out what has happened to them, problems with more flexibility in the gram to allow teachers to learn how to and they are either in secondary way they can handle their school sys- do a better job of teaching and helping posteducation or they are in the serv- tems in the allocation of funds. They children to learn. We have also allowed ice or they have a job. This program is need that flexibility now to handle some of that money to be used in areas in existence in about 28 States and ter- these problems. We should concentrate where kids are having the biggest prob- ritories in the United States. on the reauthorization and not try to lem, for example, in reading. We have I say to Senator REID of Nevada, we do it piecemeal on this bill, which is seen that by using Ed-Flex, we have tried to get the program into the Las left over from last year. We got 10 good been able to do a much better job help- Vegas school system and they turned bills out. We didn’t get this one out. ing youngsters to learn, the same way us down. Governor Miller tried to also The committee handled the bill. I don’t with the waivers that we received in do the same thing, and they turned us think these were offered as amend- Ohio under Ed-Flex under title I, to be down. I suggest to Senator REID that ments at that time. Certainly I had the able to use those dollars in a more effi- he ought to talk with the people in the same attitude then as I do now. cient way so that we can really make Las Vegas school system and ask them With that, I urge Senators seriously an impact in the lives of the children why they are not part of the Jobs for to consider not offering these at this where the teachers feel that it will do American Graduates Program, the point and wait for the Elementary and the most good. most successful dropout program in the Secondary Education Act to do that. Again, we have seen the statistics United States. Several Senators addressed the from 1996 and 1998. Where we have had Mr. REID. Is the Senator directing a Chair. Ed-Flex, the kids are doing better, be- question toward me? The PRESIDING OFFICER (Mr. FITZ- cause they have had a waiver on the Mr. VOINOVICH. I would be glad to GERALD). The Senator from Nevada Eisenhower Professional Grant Pro- have the Senator answer that, sure. sought recognition first. gram under title I. Mr. REID. The Senator would have to Mr. REID. Mr. President, I say to my There is no silver bullet in terms of ask Senator Miller—a Freudian slip friend from Vermont, the manager of the issue of dropout rates. When I be- there—Governor Miller that question. this bill, we need flexibility now and I came Governor of Ohio, I went to the There are a lot of good programs in the acknowledge that. But we also need head of the Department of Corrections country. That is the whole point of this something to address these children and said to him, What can we do to amendment, that we have to have who are dropping out of school now, keep down the prison population in the these amendments, these different pro- 3,000 children a day. I can tell my State of Ohio? His answer was, Head grams available to everybody in the friends in the majority, they may table Start; we have to get involved with country. Then the school districts can this amendment today or tomorrow— these youngsters earlier. So we went to pick and choose those. You may think whenever they decide they want to do town on the issue of Head Start, and that program is the best program in it—but they better get used to voting today my State is the only State where the country. Others may disagree. But on it. Because every time a bill comes every eligible child whose parents want the fact of the matter is, this amend- up, whether it is missile defense—it them to be in preschool or Head Start ment that I am offering does nothing doesn’t matter what it is—I am going is in the program. That is the respon- to take away from the ability of school to offer this amendment. sibility, I believe, of the Governor of districts to manage their schools any Mr. President, 3,000 children are the State and the people involved in way they see fit. It does give the re- dropping out of school every day and the State in education. They need to sources to the school districts all over we have to do something about it. It make these early childhood programs. the country that they now do not have. received 74 votes last year. Let people For example, you will be hearing I think it certainly seems that we who voted for this bill last year come from me later on in this session in should have a national strategy for and vote against it this year and get it terms of the use of TANF money. We dropouts, which we now do not have. lost in the hole on the other side of the have a very good program in our State Mr. VOINOVICH. Mr. President, I Congress. called Early Start, where we are going point out that today our Jobs for This bill needs to pass. We have chil- to families as soon as that baby is born American Graduates Program is utiliz- dren dropping out of school every day, and intervening and trying to make ing—listen to the Federal programs 3,000 of them, 500,000 a year. Eight-two sure that during those first 3 years of a that we are already utilizing. We are percent of the people we have in prison child’s life, they develop those learning utilizing the Joint Training Partner- are high school dropouts. Do you think capacities that they need to be success- ship Act. We are using School to Work that is something we should address, or ful in school. Too often these dropout Opportunities Act. We are using the wait for a 5-year education bill? programs are dealing with the end of Wagner-Peyser Act. We are using the This is something that people, if they the line, and that is what we, as a gov- Carl Perkins Vocational Education Act are going to vote against it, they are ernment, ought to be doing, making a funds. We are using the title IV Safe going to vote against it more than commitment to intervene early on. and Drug Free Schools funds. We are once, because I am going to keep offer- That is where you can really make a using the Criminal Justice Crime Pre- ing this. I do not think there is any- difference in terms of having a pro- vention funds. We are using welfare re- thing more important we can do than gram that deals with birth to 3, zero to form funds. vote on keeping our children in school. 3, intervening earlier in the lives of our The point I am making is that, No. 1, Mr. VOINOVICH addressed the Chair. children to make that difference. the dropout issue is a national prob- The PRESIDING OFFICER. The Sen- In addition, I think people should un- lem, but it is primarily the responsibil- ator from Ohio. derstand that there are lots of dropout ity of State and local governments. It March 4, 1999 CONGRESSIONAL RECORD — SENATE S2249 is up to the Governors and to the local ious programs, how do they fit to- Mr. President, it is a bipartisan Na- people, local education people to re- gether, how can we better maximize tional Education Goal to increase high spond to the problem. For example, in those dollars, and maybe look at some school completion rates to 90 percent the JAG program, when I came in as programs that we already have and and eliminate gaps in the rates of grad- Governor, we were spending about $4 say, if we put a little bit more money uation among different groups, accord- million. Today we are spending $22 mil- into this—for example, if we allow the ing to the goals established by the Gov- lion in the State of Ohio, because we States to use more of their TANF ernors and the President in 1989. How- understand how important it is to try money to deal with this big problem, if ever, there has been no progress in low- to identify these youngsters who are they do not have education—they will ering national dropout rates. As a mat- going to drop out of school and keep not go on welfare. ter of fact, there is currently no tar- them in school. That is just a phase of There are a lot of things that we can geted national funding to help schools it. do, I think, if we just sat down and most in need of restructuring to lower When you talk about dropout, you looked at what we were doing. And one their dropout rates. have to look at the entire specter of of the things that we can do, Mr. Presi- To help schools in their efforts to re- the cause of the dropout program. dent, I think, is to pass Ed-Flex be- duce dropout rates, this amendment I will go back to what Senator JEF- cause Ed-Flex will give us a little bet- would authorize $150 million annually FORDS has just said. It starts out with ter opportunity to take the Federal over five years to create a coordinated Early Start. It starts with Head Start. money that is coming in and really national dropout prevention program. It starts out with technology in the make a difference in the lives of kids. Under this proposal, States would re- schools. And one of the things that I heard ceive funding according to the Title I An interesting story. I went to our when I sat in your chair, Mr. President, formula, and would then award com- prisons and visited those where they during the debate earlier on was about petitive grants to schools or local edu- are ready to come out into society. I accountability. In those school dis- cation districts with the highest drop- went in and I asked a question, How tricts that are getting waivers for Ei- out rates. The goal is to enable such many of you graduated from high senhower Professional Grants, getting schools to implement proven and wide- school? Not one hand went up. They waivers for title I, what have we found ly replicated models of comprehensive were there working with these comput- out? We are finding out if the programs dropout prevention reforms such as, for ers. I asked them what they were are working. The ones that have not example, the Lansing School District doing, and they pointed out to me that asked for waivers, we do not know in Michigan, which has established a they were getting ready to get their what they are doing in terms of mak- mentoring program with community GED. I remember after leaving there— ing a difference in the lives of children. leaders and the ‘‘New Beginnings’’ pro- it was about 7 or 8 years ago—I said to I say to Senator JEFFORDS, I think gram for students who have been ex- myself, we have computers in our pris- one of the great benefits of the Ed-Flex pelled to keep them in school; and the ons to help people get their GED and program is that when you make appli- Detroit Public Schools’ successful 9th prepare them to go out, and we didn’t cation you agree, first of all, to waive grade restructuring program which is have computers in our schools in Ohio. a lot of State statutes and also rules advancing up to the higher school So we undertook a program to wire and regulations, but you also agree grades. every classroom for voice, video and that you are going to meet certain In addition, this amendment will cre- data. We brought computers into every standards; and you are held account- ate a national system of data collec- classroom. It is amazing what is hap- able toward those standards. tion and sharing, so that we have a So I am saying to you that the pening in elementary school. What you complete understanding of the extent schools in this country, in our 12 have to recognize is the reason why a of the dropout problem. If local school States that have taken advantage of districts are to curb middle and lot of these youngsters drop out of Ed-Flex, at least we know whether or highschool dropout rates, they must school is they are not doing well. They not some of this Federal money is real- have uniform data and statistics. This have not had Head Start. When they ly making a difference in the lives of amendment, which creates a national get to school, they do not have the children. And the more our schools can clearinghouse and a dropout ‘‘czar’’ tools that are necessary to get the job go to get waivers, I think the more ac- within the Department of Education, done. countability we are going to have. And For example, in our State now, we will give middle and high schools the it is one aspect I do not think has been tools they need to keep our youngsters have reduced the class size for first, talked about enough here on the floor in school. second, and third grade to no more of the Senate. Mr. President, this amendment is than 15 because we know those years Mr. JEFFORDS addressed the Chair. are so important. So to stand here and The PRESIDING OFFICER. The Sen- identical to the legislation that passed say we need a program for dropouts, it ator from Vermont. 74–26 by the Senate during debate last seems to me that if we really want to Mr. JEFFORDS. First, I thank the year on the education IRA proposal, get at the dropout problem in this Senator from Ohio, who has had great and was, regrettably, dropped in con- country, this Congress should sit down experience in this area with respect to ference. This is a very important pro- and look at all these programs that we being Governor of that State. And posal to help keep young Americans in have and figure out how we can do a watching what they have done makes school and it is my hope that my col- better job with the money we have to me happy to know that we have a Sen- leagues in the Senate will again adopt really make a difference. And we also ator with us now who has that experi- this amendment. ought to understand it is not our pri- ence in the immediate past. I look for- AMENDMENT NO. 36 TO AMENDMENT NO. 35 mary responsibility. It is the respon- ward to looking to him for guidance. (Purpose: To honor the Federal commitment sibility of the Governors; it is the re- Mr. LEVIN. Mr. President, I am to fund part B of the Individuals with Dis- sponsibility of those local school super- pleased to cosponsor the School Drop- abilities Education Act) intendents and those local school out Prevention and State Responsibil- Mr. JEFFORDS. Mr. President, I boards and the people that are there to ities Act which is aimed at lowering send an amendment to the desk. get this job done. the student dropout rate in our na- The PRESIDING OFFICER. The And for them to send money to Wash- tion’s schools. We cannot have high ex- clerk will report the amendment. ington and then turn around and have pectations that our young people will The legislative clerk read as follows: it go back, I do not think is the best be prepared for the challenges that lay The Senator from Vermont [Mr. JEF- way to get the job done. On the other ahead if they have not attained at least FORDS], for himself, Mr. GREGG and Ms. COL- LINS, proposes an amendment numbered 36 to hand, the Federal Government should a high school diploma. The fact is that amendment No. 35. be trying to figure out how they can be over half a million high school stu- On page 20, between lines 4 and 5, insert a better partner. dents drop out each year, joining al- the following: I suggest a nice little task force that most 4 million young Americans who ‘‘SEC. . FUNDING FOR IDEA. we could undertake in this Senate lack a high school diploma and are not ‘‘Notwithstanding any other provision of could sit down and look at these var- in the process of getting one. law, the provisions of this part, other than S2250 CONGRESSIONAL RECORD — SENATE March 4, 1999 this section, shall have no effect, except that mont, was very persuasive on this There is no better way to touch a funds appropriated pursuant to the authority point. In 1975, the year I came to Con- school, help a child, or support a fam- of this part shall be used to carry out part B gress, we promised that we would pro- ily than to place more dollars into spe- of the Individuals with Disabilities Edu- vide funding that would be 40 percent cial education. cation Act (20 U.S.C. 1411 et seq.).’’ of the national average per pupil ex- I urge my colleagues to support my Mr. JEFFORDS. Mr. President, I am penditure for each school-age child amendment. If we put money into sorry for not being successful in get- with a disability. We have not deliv- IDEA, school districts will be in a posi- ting the Senator from New Mexico to ered on that promise. tion to address class size or whatever withdraw the amendment. I understand In fiscal year 1998, we provided 10.8 they determine to be local priorities. the feelings. But to me, the best way percent of the excess costs of educating They can ensure that children like An- right now that we can help imme- children with special needs. If we fol- tonio Martin won’t sit in education diately without having to wait through low through on this promise, we will limbo for months on end. the whole process is to be dedicated to free up critical local funds. Once we do, I yield the floor. ensuring that we fully fund the money local communities, and not the Federal that is used for special ed. The PRESIDING OFFICER. The Sen- Government, will be in the position to ator from Massachusetts. If we can use all of these funds that decide how to spend their local dol- we want to be used otherwise just to do Mr. KENNEDY. Mr. President, I in- lars—for teachers, for textbooks, for tend to support this amendment. Now that, we would free up the States and technology, or for some other locally local governments to be able to handle that we have the time to get to the determined educational policy. crux of education policy, I welcome some of these problems. So I want to Senator WELLSTONE, yesterday, make it very clear that the reauthor- this opportunity. The manager of the talked about listening to community bill has now advanced this issue in ization of the Elementary and Second- needs. Anyone who has done so has ary Education Act is so important that terms of the debate and discussion, and probably heard the same thing that I I hope we will move beyond the ques- we cannot prematurely adopt amend- have. The President certainly has— ments which would put us in the posi- tion of whether we are just going to from school boards across the country deal with Ed-Flex, because the man- tion of having to undo things which and from the Governors. Yet the Presi- this body does. It should be done in a ager himself has offered this particular dent has ignored their plea. In his amendment. very coordinated way that will allow budget request for fiscal year 2000, the Mr. President, I joined with those us to thoroughly understand the im- 25th anniversary of IDEA, there is no back in 1975 to make a commitment in pact of what we do. increase in funding. In his public state- terms of trying to address the problems I also bring to the Senate’s attention ments on education, he has ignored of supporting those children in our the front page of the Washington Post IDEA entirely. At a time when no edu- schools that have special needs. Four this Monday. The Post carried a story cational issue seems to escape the ad- million disabled children did not re- regarding the months of delay which ministration’s purview, special edu- ceive the help that they need to be suc- learning-disabled students in Prince cation seems stuck in the White House cessful in schools. Few disabled pre- Georges County are experiencing in ob- purgatory. taining educational services. This is A year ago I urged President Clinton schoolers receive services. One million important to know, that we should to join Congress and keep the promise disabled children were excluded from take action now in this area. that we all made in 1975. He declined. public schools. Children in this coun- Antonio Martin, a 15-year-old resi- Again, in December 1998, I implored the try, prior to the 1975 Act, were basi- dent of Prince Georges County, has President to join us in meeting our cally shunted aside in institutions and been sitting home for a year waiting commitment to children with disabil- did not participate in the education for placement in a school that can ities. He ignored it. system of this country. meet his needs. Today’s Post carries a Instead, the President has made In 1975 we passed legislation to pro- story regarding a Supreme Court deci- many new promises in his budget for vide help and assistance. We set in the sion requiring that schools pay for full- fiscal year 2000. But what good are all 1975 Act the level of a 40-percent goal time nursing care in some situations, these new promises if past promises are for funding to help and assist the local which will undoubtedly increase costs empty in the area of greatest need? communities. I daresay I had thought for any school which finds itself in this Year after year we have seen budget re- we might have the opportunity in the situation. quests from the administration that wake of the Garrett decision yesterday But this is not just a Washington represent no real funding increase for to have an opportunity to debate and problem. This is a problem in every special education. This constitutes a discuss how we were going to be able to school in every State in the country. pattern of neglect and a lack of con- help and assist a number of local com- When I visit with school board mem- cern that cannot be defended. Children munities now that will have to provide bers or principals in Vermont, funding suffer, families suffer, and school dis- additional help and assistance to the IDEA, special education, is the first, tricts suffer. special needs children. That ought to second, and third thing they want our In each of the last 3 years, Repub- be a matter of priority. That ought to help on. lican Congresses have increased Fed- be a matter of debate. It ought to be a The amendments that my Demo- eral funding for special education by matter of allocating resources to help cratic colleagues are proposing are all over 85 percent. We are fully commit- and assist local communities. well-intentioned, but they are not re- ted to reaching that promise made 24 In many instances, we are finding sponding to what I am hearing from years ago. across America that the needs of spe- Vermont educators and educators I show you a chart. What we have cial needs children are being placed around this whole country. done has been fine, but look at what is against the needs of educating the Vermont’s legislators are telling me left to do. In the orange there is what broader constituency, so we are pitting the same thing. I visited the Vermont we should be paying but we are not children against children. What we educational communities during the paying. That is shown on that chart. If ought to try and do is deal with both of recent recess, and time and again they the President thinks Congress will these particular issues. I am for alloca- asked that the Federal Government up- take care of business and increase tions of resources that move us closer hold its commitment to fund IDEA. funding for special education, he is and closer to the level of some 40 per- They did so without regard to party. right. We will, through this amend- cent, which was set as a goal for us in Democrat and Republican legislators ment and other amendments. If he the 1975 Act. agreed that funding IDEA is easily the thinks because we will, he can put his Let us not lose the fact that under most important thing we can do by far. funding priorities elsewhere, he is the constitution of every State there is Last month, when our committee wrong. a commitment to educate children in held hearings on education budget pri- School districts are demanding finan- their States. Sometimes they forget orities, a representative, Al Perry, a cial relief. Children’s needs must be this, but they have a solemn respon- Democrat from my good State of Ver- met. Parents expect accountability. sibility. I don’t know a single State March 4, 1999 CONGRESSIONAL RECORD — SENATE S2251 that doesn’t have that particular re- been considered by the Senate, passed That is a philosophy of government, quirement. This is going to be some- overwhelmingly with bipartisan sup- and I recognize that—the philosophy thing that we will have to work out port last year. This isn’t something that all good ideas in education come with the various States and we will new. The amendment of the Senators from Washington, the philosophy that have to work this out with the local from New Mexico and Nevada, quite when you manage the schools at the communities, but if the Senator from frankly, have more legitimacy to be local level, they should have signifi- Vermont and the Senator from New considered on the floor of the U.S. Sen- cant influence from Washington in the Hampshire and others want to say they ate than the Ed-Flex bill, because we decisions and in the process as to how want to find additional resources in have already considered and passed it. they are run. That is not a philosophy meeting the needs of special children, Even so, it is fine if we put that on. It I am attracted to, but it is clearly the put me on that particular piece of leg- certainly will help strengthen the Ed- philosophy of the other party and of islation, too, because I am all for it. I Flex bill. this Presidency. am all for it—not at the expense of However, now we have the parliamen- Our position, as reflected in this these other children. No serious educa- tary games to try, instead of permit- amendment, is significantly different. tor would put it at the expense of other ting a thoughtful legitimate amend- Our position is that, first, before we children. ment that has been considered to be de- start any other major, new programs in If we have better trained teachers in bated and finally voted on, to effec- education in the Federal Government, smaller classrooms, we will identify tively try to emasculate that amend- new programs that put new costs and more easily those children that have ment with the second degree. I want to burdens on the local communities, we special needs. If we have smaller class give assurances to those on that side as a Federal Government have an obli- size, we will know which child needs that we understand; we have been here gation to live up to what we said we the special attention. If we have better a certain period of time as well. We are were going to do in the first place. trained teachers, the better trained glad to spend as much time as our One of the things we said we were teachers will understand which of the friends and colleagues want in debating going to do back in 1975 was to take children should be involved in special education. The longer the better. But care of special ed kids and pay 40 per- need programs and which should not. we are going to make sure that we are cent of the costs of special education at With achievement in reading programs going to have a vote up and down on the local community level. That is one and literacy programs, we may very their amendment. This bill will not theory we have on our side. Let’s do well help children at the early ages not pass without a vote up and down. We what we said we would do first, let’s be qualified in terms of special needs, can do it either nicely or whatever way pay for what we said we would pay for because they will be advanced and they want to do it. We have that oppor- first, before we add a bunch of new pro- their academic achievement may very tunity. We have that right to do it. grams that may or may not be good well be enhanced. PRIVILEGES OF THE FLOOR ideas, but in any event which we don’t If we do the kind of things that the Mr. KENNEDY. I ask unanimous con- have the resources for, unless you take Senator from Ohio just pointed out, sent that Connie Garner, Mark Taylor, them from programs that already exist more and more targeted resources in and David Goldberg, legislative fellows at the Federal level. terms of the children in terms of Head in my office, be granted floor privileges The second philosophy we have is Start will be enormously important. during the consideration of the bill. that the local folks—teachers, parents, We reauthorized Head Start last year. The PRESIDING OFFICER. Without principals, school boards—know a heck We expanded the Early Start children objection, it is so ordered. of a lot more about education than we up to 12.5 percent in that Head Start The Chair recognizes the Senator know here in Washington. I can name a program, but we are still not doing from New Hampshire. couple of kids in my local school dis- enough. The Senator from Ohio points Mr. GREGG. Mr. President, I support trict because I know them, but I can’t out that it is an admirable effort. In this amendment. I am an original co- name all of them. I will bet you the the State of Ohio they have gone sponsor of this amendment offered by principal at Rye Elementary School ahead, evidently, and provided the dif- Senator JEFFORDS. I think it goes to can name them and that he knows ference between what is provided by the essence of what is very much the something about every child, knows the Federal Government and funds pro- debate which we are about to embark some of the problems that child may vided by the State in order to make on here in the Senate and as a coun- have. Certainly, the teachers know sure that every child who is eligible in try—at least at the Federal level—rel- that. They know what they need in Ohio is going to qualify for Head Start. ative to where we are going in applying order to address that child’s concerns. We are only reaching about 40 percent the resources of the Federal Govern- Maybe Johnny Jones has a reading of the children across the country. By ment when it comes to education. problem and they know he may have to that early type of intervention, we will Now, the President has come forward get extra reading. If Mary Smith has a find out what can be done in terms of almost on a weekly basis with a new problem with attention, they know special needs children. initiative. In fact, I doubt there is a they have to get a specialist in for The bottom line is every educator week that has gone by, or even hardly that. Maybe it is just as simple as they knows if you have a smaller class size, a day that went by for a while—while may need a computer in order to allow better trained teachers involved in we were in the impeachment trial, that child to get a little extra help afterschool programs—all of these help there was never a day that went by— that is self-initiated, or a little con- and assist both to make the total num- without a new initiative on some sub- fidence in themselves. They know what bers of children that might need the ject. Now we are in a period where it is their children need in order to educate kind of special needs less; and, second, weekly. them better. I don’t. I can tell you that to identify those that truly need that Many of those initiatives have been nobody down at the Department of help and assistance. new ideas in the area of education, Education knows, and nobody in this So there may be those that want to which would essentially centralize de- Senate knows better than the parents, try and pit the special needs children cisionmaking here in Washington; new teachers, and the principals what those against other children, but I hope that programmatic ideas that would require children need in order to make them would not be what the U.S. Senate is Washington’s imprimatur of approval better students. about. Parents understand this; school- before they can go forward, before a I will tell you something else. As Re- teachers understand it. What we are State can use them; new ways in which publicans, we don’t believe that folks basically understanding is that is the to move into the District of Columbia here in Washington have more concern proper way to go. the control over our local schools and for those kids than their parents, We can understand a legitimate ef- how local schools are either hiring teachers, and principals. That seems to fort to try and address the question of teachers, building additional schools, be a philosophy we are hearing a lot— the school dropouts, which is a very doing their afterschool activity or ex- that in some way, somehow, because important and significant national ercising their initiatives in the area of we have been granted the office of the need, a modest amendment that had dropouts. Senate, or because we are serving in S2252 CONGRESSIONAL RECORD — SENATE March 4, 1999 the administration of a President, we their children weren’t getting an ade- percent. That is good news. The bad suddenly have some knowledge or capa- quate education and their children news is, we still have a long way to go. bility that gives us a better awareness were being unfairly treated. The bad news is that still in every and a more sincere desire to help a But it wasn’t the special needs school district across this country, child than the parent of that child has, child’s fault. That child was just get- local school leaders, principals, PTAs, the teacher of that child has, the prin- ting the education they had a right to. school boards, are having to take cipal in that school has, or the school It wasn’t the fault of the parent of the money they would have otherwise used board has. That, to me, is a lot of special needs child, who usually got maybe to add a teacher, maybe to build hokum. But it is the philosophy, re- most of the abuse at the school meet- a building—where have we heard that grettably, that pervades the proposals ings. They were just asking for what before?—maybe to do an afterschool that have come from this administra- they had a right to have. They were program, maybe to put a computer in, tion. being put in this terrible position of to put an arts program in, a language So these are the fundamental dif- being confronted by other parents who program in. Instead of taking the ferences we have, and they are joined were legitimately angry about the money they would have used for those in this debate over this amendment: misallocation of resources, as they saw programs, they are having to take that One, that we as a government have an it. Why? Not because of anything the money and having to use it to fund the obligation to fund what we already special needs child did, or the parents gap that remains in the Federal obliga- have on the books; two, that better de- of the special needs child, but because tion to pay for special education. cisions are made at the local commu- the Federal Government refused to pay Just yesterday, the Supreme Court in nity level, not here in Washington; its obligation of picking up the 40 per- the Cedar Rapids case made it very three, that we have no special portfolio cent of the cost of that child. clear that that gap isn’t going to get or no special awareness, no higher level So 3 years ago, under Republican smaller, it is going to accelerate dra- of concern for a child’s education, than leadership in this Senate, under the matically, because the Supreme Court that child’s teacher has, or that child’s leadership of Senator TRENT LOTT, decided that, as a matter of education, principal has, or that child’s parent with a lot of effort by such people as the person had a right to health care while in the school system. Many of has. Senator JEFFORDS from Vermont, my- these children need extraordinary So this amendment says simply that, self, and Senator COLLINS from Maine, back in 1975, the Federal Government we made a commitment to do some- health care. Kids we dealt with in the said it would pick up 40 percent of the thing about this, to pay our fair share center I was involved in required im- cost of special education in this coun- of special needs. In fact, S. 1 in the last mense health care. So that is going to increase the cost of special education try. Well, as of 3 years ago, the Federal Congress said we were going to put our- even further. Government was only paying 6 percent selves, as a Congress, on a ramp that What is going to happen for every of the costs of the special education in would allow us to pay special needs dollar increase that comes about as a this country, and what did that do? children the 40 percent. It would take result of the need and as a result of What did that failure of the Federal us 10 years, but we would get there. this new Supreme Court decision? The Government to pay that additional 34 Then we backed that up with appro- local school district is going to fall fur- percent do to local schools? priations. Senator SPECTER from Penn- ther behind. It is going to have to take Essentially, what it did was it sylvania, 3 years in a row, has dramati- more taxes than it would have used to skewed the ability of the local school cally increased the funding for special buy books and to add teachers and to systems to deliver the educational ef- needs, for IDEA—$740 million in the build new buildings, more of those forts that they desired to deliver, be- first year, $690 billion in the second taxes, and have to move them and re- cause the local school districts were year, and $509 billion last year. I think allocate them to special education. So having to go out and use their tax base, those are the numbers. It essentially it is going to become worse. The situa- whether was a property tax or a State has meant almost a doubling of the tion is going to become worse. Why? broad-based tax; they were having to commitment to the special needs child Because this administration refuses to use their tax base to pay for the Fed- by this Congress. fund special education or even make an eral share of special education. So they Do you know something? The admin- attempt to address it in any aggressive were basically taking dollars that they istration didn’t support any of it. This way. Instead, it comes forward with should have had available to them from administration, which is so committed program after program after program, their property taxes—in New Hamp- to education, has not sent a budget up borrowing from special education funds shire, for example—and instead of to this Congress in the last 3 years that to do that, and, as a result, leaves the spending then on a new classroom, or a has called for any significant increase special education child out on the new teacher, or a new computer sys- in special ed. They are playing a shell street while it puts out its press re- tem, or new books, they were having to game on education. What they are leases. take those dollars and pay for the Fed- doing, in fact, is they are borrowing We are going to debate this, as the eral share of the obligations to educate money that should be going to special Senator from Massachusetts said. I special ed children. ed in order to fund all these new initia- look forward to that debate. If the Sen- Now, I happen to be a very strong tives, so that members of this adminis- ator wants to filibuster the Ed-Flex supporter of special ed. I chaired a cen- tration can go across the country and bill, which has been supported in the ter for special needs children; I was say, ‘‘I am for this new program,’’ or, last Congress, supported in this Con- president for many years. I am still on ‘‘I am for that new one,’’ ‘‘We are going gress, supported by the President, and the board. I think 94–142 is one of the to put a billion dollars into that and is supported by members of both par- best laws this country has ever passed. $500 million into that.’’ Where do they ties, a bipartisan bill, if he wants to fil- One of the insidious aftereffects of the get that money? They take it from the ibuster the Ed-Flex bill, that is his Federal Government’s obligations to special needs child. How much did they choice. But the fact is that what he is pay under 94–142—to pay its 40 per- ask for in new funding for special edu- really filibustering is special needs cent—is that I saw time after time, in cation in this budget? We presently children. What he is filibustering is the school district after school district, a spend $4.3 billion. On special education, ability of local communities to manage cost to my State—and I know it hap- how much did they ask for as an in- their dollars more effectively so that pens in other States because I have crease? $3.3 million. That is what the we take care of special needs children heard about it from other Senators— administration asked for—$3.3 million and the other children who are in our that the special needs child was con- out of a $4.3 billion budget, which only school system. It is ironic and I think fronted with other parents in the accounts for, by the way, out of that inappropriate to filibuster. But it school system who felt that because so $4.3 billion, 11 percent of the cost of sounds as if that is what we are going much money was being spent on the special education. We are supposed to to get. Ed-Flex, a program defended special needs child, and because so be paying 40 percent. and supported in the last Congress by much of the local tax base was being So, under this Republican Congress, the majority of the Congress, a pro- used to help the special needs child, we have taken it from 6 percent to 11 gram supported by the President, a March 4, 1999 CONGRESSIONAL RECORD — SENATE S2253 program supported by the Secretary of that must be met by the citizens of The PRESIDING OFFICER. The State, is now going to be filibustered Maine through already burdensome clerk will call the roll. because people do not want to fund spe- state income and local property taxes. The bill clerk proceeded to call the cial education—a very interesting ap- This accounts for millions of dollars roll. proach to government. annually that can not be used for Mr. JEFFORDS. Mr. President, I ask Mr. President, I look forward to this school construction, for teacher sala- unanimous consent that the order for debate, I look forward to a lot of it, be- ries, for new computers, or for any the quorum call be rescinded. cause I do think that the American other state effort to improve the per- The PRESIDING OFFICER. Without people need to learn just how irrespon- formance of our elementary and sec- objection, it is so ordered. sible this administration has been on ondary school students. Mr. KENNEDY addressed the Chair. the funding of special education. We need to increase federal spending The PRESIDING OFFICER. The Sen- Mr. KENNEDY addressed the Chair. on education, but we do not need new ator from Massachusetts. The PRESIDING OFFICER. The Sen- federal categorical programs with more Mr. KENNEDY. Mr. President, I ask ator from Massachusetts. federal regulations and dollars wasted consent to proceed in morning busi- Mr. KENNEDY. Mr. President, per- on administrative costs. Rather, we ness. haps the good Senator didn’t hear me. need to meet our commitment to bear The PRESIDING OFFICER. The Sen- We are prepared to accept the amend- our fair share of special education ator may proceed. ment. So if there is no other speaker costs. As the Governor of Maine told f on it, we are prepared to vote on the President Clinton last week, ‘‘If you THE EDUCATION BUDGET amendment. want to do something for schools in Mr. GREGG. Mr. President, will the Maine, then fund special education and Mr. KENNEDY. Mr. President, I lis- Senator yield for a question? we can hire our own teachers and build tened to our friend and colleague from Mr. KENNEDY. Yes. our own schools.’’ This is true for every New Hampshire speak about the edu- Mr. GREGG. Will the Senator accept state. The best thing this Congress can cation budget and about the expendi- this amendment on any other initia- do for education is to fully fund our tures in the areas of education. I just tives, which are appropriate, which are share of special education and at the want to review here, in this time, for a going to have funding for the purpose same time return control of the schools few moments, exactly what has been of education? to the states and local communities by the record of our Republican friends in Mr. KENNEDY. We have this bill up passing the Education Flexibility Act. the House and Senate, and the adminis- now. The Senator has offered the These two actions will empower our tration, over the period since 1994 when amendment. In behalf of this side, we states and communities to meet the the Republicans took over the leader- are prepared to accept it right now. challenge of improving schools. Instead ship in the Congress. Mr. President, we are prepared to of presuming that we in Washington After 1994, on March 16, 1995, one of vote. know what is best for every school the first acts of the new Republican The PRESIDING OFFICER. Is there across the country, let us acknowledge House of Representatives was to ask further debate on the amendment? that each of our individual states and for a $1.7 billion rescission on all edu- Mr. JEFFORDS. Mr. President, I ask towns knows what is needed on a state- cation programs below what was en- for the yeas and nays. by-state and community-by-commu- acted in the appropriations the year The PRESIDING OFFICER. Is there a nity basis. I urge my colleagues to give before. That is an extensive rescission, sufficient second? our states and local communities the no matter how you cut it. This is in all There is a sufficient second. financial support they have been prom- the education programs of 1994. They The yeas and nays were ordered. ised and the freedom to educate our asked to cut back $1.7 billion. The final Ms. COLLINS. Mr. President, I am students as they see fit. We can do this rescission bill that passed on July 27, pleased to be an original cosponsor of by adopting this amendment to fully 1995, was $600 million below 1995. So, as the amendment offered by Senator fund the federal share of special edu- we are looking over, now, and listening JEFFORDS. The amendment would re- cation and then passing the Local Con- to who is interested in education, I quire the federal government to make trol of Education Act. hope our colleagues will at least give good on its commitment to fund spe- The PRESIDING OFFICER. The some attention, when they are review- cial education before it made any addi- question is on agreeing to the amend- ing the record, as to who has been in- tional promises it might not keep. ment offered by the Senator from Ver- terested and who has been committed, When Congress passed the Individuals mont. judging by the allocation of resources. with Disabilities Education Act in 1975, Mr. GREGG. Mr. President, I suggest Resources themselves do not solve the the federal government made a com- the absence of a quorum. problems of education, but they are a mitment to the states and to the local The PRESIDING OFFICER. The pretty good indication of a nation’s school districts to help states meet the clerk will call the roll. priorities. cost of special education. The federal The bill clerk proceeded to call the What we had as the first order of government promised to pay each state roll. business in 1995 in the House rescission 40 percent of the national average per Mr. JEFFORDS. Mr. President, I ask bill was to move ahead with a major capita cost of providing elementary unanimous consent that the order for cut of $1.7 billion for the appropria- and secondary education for each stu- the quorum call be rescinded. tions the year before. Now, in the first dent receiving special education. For The PRESIDING OFFICER. Without full funding cycle, the 1996 House Ap- the school year 1996–1997, the national objection, it is so ordered. propriations, in August of 1995, cut $3.9 average expenditure was $5,913 per stu- f billion below 1996. Then the continuing dent. The federal payment to the resolution ended up at $3.1 billion states, however, was only $636 per stu- EXTENSION OF MORNING below 1996. This was at a time when we dent or slightly more than ten percent BUSINESS had the memorable shutdown of the of the total cost and about one fourth Mr. JEFFORDS. Mr. President, I be- Government. The President said, That of the $2,365 promised. lieve at this time we have no further is too much, you will be cutting the We must meet our commitment to business that is immediately available. heart out of many of these education special education and end this un- I suggest we ask unanimous consent to programs. That was one of the prin- funded mandate. Maine is promised $80 set the vote for 2:15 and that the Sen- cipal reasons he went toe-to-toe with million by the Individuals with Dis- ate be in morning business until such the Congress, because of those dra- abilities Education Act. Yet, in 1998, it time. matic cuts in the area of education. Fi- received less than $20 million toward The PRESIDING OFFICER. Is there nally, there was a continuing resolu- the $200 million federal law requires objection? tion after the Senate adopted a Spec- the state to spend on special education. Without objection, it is so ordered. ter-Harkin amendment to restore $2.7 In short, special education is an un- Mr. JEFFORDS. Mr. President, I sug- billion. We saw a bottom line $400 mil- funded federal mandate of $60 million gest the absence of a quorum. lion below fiscal year 1996. S2254 CONGRESSIONAL RECORD — SENATE March 4, 1999 In 1997, the Senate bill was $3.1 bil- move ahead and accept this. We are, I were also able to see an increase in the lion below the President’s. This is rath- believe, on this side, strongly commit- other programs as well. It wasn’t an ei- er extraordinary to me, that Members ted to trying to find every scarce dollar ther/or position. That is what I hope on the other side can stand up and talk resource to fund these education pro- will result this afternoon, after we and criticize the President on appro- grams. have had a good discussion and debate. priations when you have this kind of As I mentioned, with the Supreme We are strongly committed on this record to defend—$3.1 billion below the Court holding of yesterday, we do have, side to finding additional resources for President’s. My good friend from New I think, additional kinds of responsibil- the funding of that program. We will Hampshire ought to be talking to the ities. It was that aspect of the state- work with our committee chair to see Republican appropriators. Mr. Presi- ment of the Senator from New Hamp- how this last Supreme Court decision dent, $3.1 billion below what the Presi- shire with which I agree. With that is going to impact local communities. I dent asked for, that was the Senate holding, there will be additional kinds think that is enormously important. bill. The final agreement, after exten- of demands on local communities. I do We are committing ourselves at this sive negotiation thankfully moved the think we ought to try to find addi- time, the day after that decision, to appropriation up, was to $3.5 billion tional resources on that particular work closely, because we do think that above what the President asked for; as measure, and we will certainly work there are going to be some very impor- a result of the administration’s posi- with all in this body to see what can be tant additional burdens on local com- tion, a $6 billion swing in education done to gain those resources and sup- munities with that decision about the funding. port. scope of the ADA, including edu- Then, in 1998, both the House and I yield. cational and health support. I think Senate bills were $200 million below the The PRESIDING OFFICER (Mr. there is going to be a call for addi- President’s. Again, after tough nego- VOINOVICH). The Senator from Ver- tional help and assistance. We will cer- tiation the final agreement was $3.4 mont. tainly work with the chair to try and Mr. JEFFORDS. Mr. President, the billion above, over 1997. deal with that. Senator from Massachusetts has made Mr. President, these are fairly sig- I have had the chance to talk with a an excellent point. I do not argue with nificant figures. All of us are concerned leader on our side, Senator HARKIN, him. I, in fact, would have supported about education policy. I know my who has been such a leader on so many those appropriations and have sup- friend and colleague from Vermont, of these issues affecting the disabled. ported the appropriations that have Senator JEFFORDS, has long stood for He is in strong support of trying to find been recommended for education to- making sure that we, as a country, and ways to help and assist local commu- tally. as a matter of principle, focus on and nities as well. I am sure we will be ad- I think the point Senator GREGG was provide greater support for education making was that this administration dressing this probably later in the day. as a national priority, so I appreciate does not place high enough priority on I wanted at this time to make sure his commitment, his position in these IDEA. I think the record bears this out. that our membership understood with decisions. But we have to look at the While the administration’s proposed that decision we are going to look for- bottom line. Coming into 1999, fiscal new programs increase funding else- ward to working in a cooperative way year 1999, they are still cutting below where, it has shortchanged IDEA. The with the chair of the committee. Mr. JEFFORDS. Mr. President, just the President’s investment. The House funding we are charged with under our bill, in June of 1998, which was for the promises and under the law as it very briefly, I thank the Senator from fiscal year 1999, was $2 billion below reads—to fund 40 percent of the cost of Massachusetts for his desire to join us the President’s; the final agreement special education—those costs are in trying to push for more funds for was $3.6 billion over 1998. going up and are really making it dif- special education. I hope we can be suc- This is the record. Year after year ficult for our local communities to cessful with our joint efforts. Mr. KENNEDY. Mr. President, if the after year those appropriations com- carry out other programs that have Senator will yield, will the Senator mittees, which are effectively con- been recommended to help them. So I join me in indicating to the Senate the trolled by the Republican leadership, just wanted to make sure everyone rec- excellent results of the Senate Finance have consistently underfunded edu- ognizes that. cation. So it does not come, I don’t Mr. President, I make a point of Committee this morning on legislation think, with good grace, to suggest that order a quorum is not present. which the Senator from Vermont and I somehow we have an administration or The PRESIDING OFFICER. The have worked on closely with Senator President who is not strongly commit- clerk will call the roll. ROTH and Senator MOYNIHAN. There ted—whether it has been to the special The bill clerk proceeded to call the was a very positive bipartisan result, needs children or all the children in roll. as I understand, 16 to 2, and although it this country. We all are mindful that Mr. KENNEDY. Mr. President, I ask is not directly related to education, it even with these kinds of appropriations unanimous consent that the order for is directly related to the issue of em- we only are spending probably 4 cents the quorum call be rescinded. ployment of the disabled. Perhaps the out of every dollar, maybe 5 cents out The PRESIDING OFFICER. Without good Senator would want to indicate to of every dollar, in education. You get 2 objection, it is so ordered. the membership the success of the Fi- more cents for the food program, so the Mr. KENNEDY. Mr. President, I will nance Committee in reporting that total considered to be the moneys that put in the RECORD the actual funding out. are spent locally, about 6 cents, is the levels, in terms of the IDEA. In 1995, it Mr. JEFFORDS. Mr. President, I Federal funding. But 2 cents of that was $3.2 billion; in 1996, it was $3.2 bil- thank the Senator for bringing that to has to do with nutrition. We are talk- lion; in 1997, it was $4 billion. They are my attention. I enjoyed working with ing about 4 cents. numbers that have to be rounded out— the Senator. We introduced it jointly This is a major item, obviously, the $4.35 billion. In 1998, it is $4.5 billion. together, and your support, although title I program, but there is also some And in 1999, it is $5 billion; the current you are not on the Finance Committee, in excess of $4 billion in special needs. is $5.54 billion, and the President’s re- has been most helpful in ensuring its The Head Start programs and others quest was for $5.106 billion. The total success. We had a good hearing. There are certainly enormously important, increase from 1995 to the present is, are a couple amendments which may and they can certainly use additional therefore, an increase from $3.2 to $5.54 come about, which I think can be resources. billion. That is a significant increase. I taken care of without any serious dimi- Federal education funding rose from say to our colleagues, much of that was nution of the impact of the bill. $23 billion in 1996 to $33.5 billion in attributed to our Republican friends I say on behalf of all the Senators on 1999, an increase of $10.5 billion, or 46 who made it a priority. Quite frankly, the committee and those that have percent. That is a pretty good indica- we joined in that effort; I think the signed on, we now have 62 cosponsors tion of at least this President’s prior- record would reflect that. to that bill. This is an incredible step ities in the education area. So, we hope I will say, though, that we were able forward for people with disabilities who when we come back here at 2:15 we will to see that kind of increase while we desire to work. I do not think there are March 4, 1999 CONGRESSIONAL RECORD — SENATE S2255 very many who don’t desire to work. port and any other kinds of support well from my time as Governor. It is They have been placed in this incred- services. That was the purpose of this most satisfying to try to do something ibly terrible position of, if you go to legislation that was reported out with to advance the performance of stu- work, you lose your health care and very strong bipartisan support. dents. We understand that when stu- you lose your SDI benefits or other We look forward, hopefully, to being dents perform well and have great benefits that you have to help you live. able to act on that at an early time. skills, it elevates the potential they You just cannot do it except under Mr. JEFFORDS. I am sure the Sen- enjoy for the rest of their lives. very unusual circumstances. ator shares this with me, too. There It was always a tremendous matter Thus, we have finally opened the were some staff members—Pat of concern to me—and I am sure to the door, after many years. The Senator Morrissey on my staff had been work- occupant of the Chair—how Federal ad- worked on all these issues, too, start- ing on this for 20 years or more, I ministrative burdens impeded the ef- ing with the bill that we have been guess. I know on the Senator’s staff, forts of States rather than accelerated talking about, special education, back members have had similar input. I their capacity to help students per- in 1976, when we passed what is called think we ought to remember who it form. I think most Governors and IDEA. That opened the first big door, really is sometimes that moves this former Governors we talked to would and that is to get an education. With- legislation along. agree that Federal mandates and re- out an education, you do not have any Mr. KENNEDY. I will include my quirements associated with Federal hope of being able to be employed. good staffer. Connie has been working programs can hinder a State’s flexibil- Since then, we have marched up some 20 years, as well, on these. I agree ity and, as a result, they cut into the through with ADA. I remember one of with the Senator that they have just dollars that could be spent on students. the amendments I had, which probably provided invaluable service. And for all They end up being spent on bureauc- created the most stir, was when I was those that work here, I hope they do racy—not just bureaucracy here in with John Brademas on his committee. recognize and get the sense of satisfac- Washington, but a corresponding bu- I said, John, do you realize that the tion, professional satisfaction, from reaucracy to deal with the Washington Federal Government is exempt from really making the important difference bureaucracy that has to be established 504, which removes barriers for people in people’s lives. That will certainly be and maintained in the States. with handicaps? He said, No. He said, true of all of the staff that worked on In response to the question of wheth- Well, let us fix it. So over in the House, this legislation. er we should impose Federal education you have the day when you put all Mr. JEFFORDS. Mr. President, I sug- standards from Washington, Governor these unimportant amendments gest the absence of a quorum. Whitman of New Jersey said, and I through and nobody looks at them. We The PRESIDING OFFICER. The think she said it well, had a little committee amendment on clerk will call the roll. What you see now is a huge waste of money that which affected all the Federal The bill clerk proceeded to call the on bureaucracy. The more government buildings. I remember it well because roll. strings that are on these dollars, the more difficult it becomes to deliver education. If when I got back to the office a couple Mr. ASHCROFT. Mr. President, I ask the money that the Federal Government now days later, somebody had finally read unanimous consent that the order for puts out is too finite and it says you can the bill. It was filled with the head of the quorum call be rescinded. only spend it for this or for that, that money the Post Office and everybody else ask- The PRESIDING OFFICER. Without won’t go toward helping students learn, and ing me if I knew what I had done. I objection, it is so ordered. that’s what we want. said, well, I didn’t know how important Mr. ASHCROFT. Mr. President, I ask I agree with the entirety of the state- it was until now, but that got the Fed- unanimous consent to speak on the Ed- ment—‘‘helping students learn, and eral Government by. Flex bill while in morning business. that’s what we want’’—and the last Then we worked together on assisted The PRESIDING OFFICER. The Sen- line should be the motivation for every technology as well. That bill we reau- ator has that right. one of us not only in the Senate but thorized last year, which is incredibly f across America. I simply couldn’t agree important at this time, to assist all EDUCATION FLEXIBILITY with Governor Whitman more. those people with disabilities to have a States and local schools need more PARTNERSHIP ACT better opportunity of getting employed flexibility in how to spend education because they have the assistance of Mr. ASHCROFT. Mr. President, I dollars, to spend them in ways that technology to do that. congratulate the Senator from Ten- will help students learn. They are in It is a great day. I am confident that nessee for his hard work and the good the best position to make decisions we certainly will prevail on the Senate work he has done on the Education about the education of students. I have floor. I think that the two Senators Flexibility Partnership Act of 1999. to believe that being on site adds value who have some problems we can take This has been a task of assembling the to one’s capacity to make an accurate care of, but I thank you for your tre- right components that were acceptable diagnosis or assessment of what is mendous support over all the years we to a broad range of interests and re- needed. have been working together. flecting the capacity of States and I appreciate the opportunity to speak Mr. KENNEDY. Mr. President, I local communities to make good deci- regarding the Education Flexibility thank the Senator. I think this is per- sions. I think the Senator has done an Partnership Act of 1999, which will pro- haps in some respects the most notable outstanding job. I am pleased to have vide States and local schools with the thing that we will achieve today. As the privilege of being a cosponsor of kind of flexibility they need to improve important as this is, with the reporting this bill. education and to elevate student per- out of that particular bill, which is Under this legislation, the State of formance. really, as the Senator has pointed out, Missouri, my own State, as well as One of our Nation’s highest priorities the Americans with Disabilities Act, every other State in the Nation, will is to ensure that our children receive we effectively attempted to eliminate no longer have to come to Washington the kind of challenging and rigorous discrimination against those that had on a piecemeal, case-by-case basis to education that will prepare them for disability. It was enormously impor- ask for relief from a myriad of Federal success. By building a strong edu- tant, and we made extraordinary suc- education statutes and regulations. In- cational foundation that focuses on the cess. But to really breathe life into stead, Missouri will have the authority concept of high academic excellence, that legislation, you have to make sure to waive regulations that hinder our we will prepare students to make im- that not only is the individual not schools from providing an excellent portant career decisions and to become going to be discriminated against in education for our students. lifelong learners. The habit of edu- getting the job, but that they are also Now, I know that the occupant of the cation should extend beyond school. As not going to have these barriers placed Chair is a former Governor and had a a result, their lives will be enriched. in front of them in holding the job lot of involvement with individuals in We in Congress should develop and which were there in terms of their the education effort which is focused at support Federal policies that will pro- elimination of their health care sup- the State level. I remember those days mote the best education practices in S2256 CONGRESSIONAL RECORD — SENATE March 4, 1999 our States and local schools. We have to finish; now it is only 216 steps in the tain income level. Such policies fly in learned from reports and studies that bureaucratic jungle. With this bureau- the face of one ingredient for edu- successful schools and successful cratic maze, it is no wonder we lose cational success, one vital ingredient: school systems are characterized by pa- about 35 cents out of every Federal local control. rental involvement in the education of education dollar before it reaches the Fortunately, there is a current Fed- their children. They are characterized classroom. eral policy that has helped provide by parental involvement and local con- If I were to give my children a dollar more flexibility and relieve States of trol, and they emphasize basic academ- and, before I got it from my hand to regulatory burdens that are associated ics and make resources available to the their hand, I took 35 cents out of the with otherwise inflexible education classroom. These are the ingredients dollar, they would know the difference. dollars. Under the Education Flexibil- needed to elevate educational perform- We tell ourselves that we are doing ity Partnership Demonstration Pro- ance. great things for education, but before gram, the Department of Education It is with this in mind that we should the dollar reaches the student, 35 cents has delegated its authority to 12 par- stop and ask ourselves whether the is taken out of the dollar. They know ticipating States to grant individual current Federal education laws contain the difference. The difference is felt. school districts waivers from certain the elements that further our goal of And then sometimes we are telling Federal requirements that hinder giving our kids a world-class edu- them it has to be spent in a way that States and schools in their efforts to cation. The unfortunate answer to that doesn’t elevate student performance. improve their education programs. question is, our current laws don’t do Current Federal laws, of course, can Under Ed-Flex—this proposal, not just that; the answer is no. A number of our also be inflexible, requiring the Federal for the 12 States, but for all 50 States— Federal education programs contain a education dollar to be spent only for a school districts do not have to march plethora of regulations and restrictions narrow purpose, to the exclusion of all up to Washington each time they want that hinder States and local schools, others. This type of inflexibility hurts to ask for a waiver. Instead, they can hinder their ability to tailor and design schools that have needs other than the get the waiver from their own State. what is needed in the local cir- ones prescribed by the Federal Govern- The Ed-Flex program, as it is called, cumstance to advance the opportunity ment. A recent example was the $1.2 has reduced paperwork burdens. That for students to learn. Whenever they billion earmarked exclusively for class- sounds good, to reduce paperwork, but hinder and obstruct that opportunity room size reduction for the early ele- when you take the expensive paper- to tailor and design the right system, mentary grades. What a noble aspira- work out of the equation, more of the they waste the education dollars. tion. But it wasn’t what a number of resource reaches the classroom. Sure, Frequently, education dollars that schools needed. Governor Gray Davis of it is good to reduce paperwork, but it is Washington directs in terms of how to California recently described how the even better to deliver the resource to spend them are wasted because the inflexibility of this initiative is hinder- the site of learning, where students how-to doesn’t meet the need of the ing his State’s ability to direct Federal learn. students and the school district. funds to areas where they are most For example, in response to a per- While the Federal Government has needed. Governor Davis said: ceived need, Texas schools have been played an important but limited role in We need to have the flexibility to apply able to direct some of their Federal providing funding for education, it has those resources where we think they could funds from the title II Eisenhower Pro- also played a conflicting role by at- best be used. fessional Development Program, which taching so many conditions and strings He went on to say: is targeted primarily for science and to Federal dollars that it costs States For example, I was just with Secretary mathematics, to reading, English lan- and local schools a lot of time and re- Riley, our U.S. Secretary of Education, for 2 guage, arts, and social studies. If you sources to comply with all the rules days last week in California. And Secretary need help in English and the arts and and regulations. Riley was telling me about the $1.2 billion social studies, why not be able to focus We have heard much about the paper- that was appropriated to reduce class size to the attention there? work burdens created by the Federal 18 in the first 3 grades. Now, in California, In Howard County, MD, Ed-Flex au- education rules and regulations. The we are already down to 20 students per class thority has allowed schools to provide size in K through four. So that money, which Federal Department of Education re- is supposed to be earmarked to the area additional instruction time in reading quires States and school districts to where we have pretty much achieved the and math to better meet the needs of complete over 48.6 million hours worth goal, would best serve our needs by reducing their students. Well, you mean a pro- of paperwork to receive federal dollars. class size in math and English at the tenth gram that serves the needs of the stu- This is a statistic that is mind bog- grade level, because we have just started to dents instead of serving the plan of the gling. That translates into the equiva- use a high school graduation exam. bureaucracy? What a good program. lent of 25,000 employees working full Here is a State wanting to elevate These are all States that have been time just to do the paperwork for the performance of students, with a allowed, in the 12–State pilot program, States to get their own money back to massive Federal program directed at to have this kind of flexibility—it is in- educate the students, which the State an area where they have already ad- teresting that they are moving re- cares enough about to work hard to dressed the problem, but it is ineligible sources to help students. Oregon used make sure that they are trying to ele- to be used in an area where they need its waiver authority to simplify its vate the students’ performance. help. We should really understand this. planning and application process so We heard that in Florida it takes 374 That is why we are proposing in this that its school districts can develop a employees to administer $8 billion in Ed-Flex program a massive new capac- single plan that consolidates the appli- State funds, while it takes 297 State ity on the part of States to use money cation for Federal funds. Well, that is employees to oversee $1 billion in Fed- where it is needed, to use money to great. Instead of spending more money eral funds—6 times as many per dollar. help get the dollar all the way to the on paperwork, we are making resources So that to do the paperwork and create student, and not take 35 cents out of available to the classrooms where stu- the paper trail and all the paper in- the dollar when it is on its way from dents study and achieve. volvement, to be a recipient of Federal the folks in Washington to the class- In Vermont, they have reported that funds, it takes six times as many em- room where the student studies. the greatest advantage of having Ed- ployees as it does to follow a dollar of Another example is found in title I, Flex is the ability of schools and dis- State funding in Florida. which authorizes aid for the education tricts to gain waivers without having We know it takes a school nearly 20 of disadvantaged children. Some of the to go directly to the Department of weeks, 216 steps, to complete a discre- rigid standards in this program can re- Education. The fact that the State can tionary grant process within the De- sult in a school losing its ability to grant waivers with a minimum of red- partment of Education. The Depart- provide intensive services to students tape encourages schools and districts ment has boasted that it has stream- on a schoolwide basis because it fails to ask for waivers they might not oth- lined the process, because it used to by 1 percentage point to have the req- erwise have asked for. You see, the in- take 26 weeks and 487 steps from start uisite number of children below a cer- timidation factor of Federal regulation March 4, 1999 CONGRESSIONAL RECORD — SENATE S2257 is one that is hard to assess. But here their students. It doesn’t make any groups in my State such as the Mis- is the State of Vermont basically say- sense for a State or a school district to souri State Teachers Association and ing they were lacking creativity in keep coming to Washington time after the Missouri School Board Association their schools and people didn’t bother time to beg for permission to help their have said that flexibility and local con- to try to ask for the waiver. They went students. It seems like we could agree trol are important goals in Federal ahead and did what Washington said, in that we would allow States to help education policy. spite of the fact that it may not have their students. The Ed-Flexibility Partnership Act been best for students, because they That is why I support the Education of 1999 helps to accomplish these goals. had been intimidated. The process was Flexibility Partnership Act of 1999, be- This bill, Ed-Flex, will ultimately help too complex. The desire to get a waiver cause it gives the States the authority to improve educational opportunities may never have been really strong on their own to grant to schools waiv- for the children in my State and all enough to get them past the Federal ers of Federal statutes and regulations over the country by reducing the Fed- bureaucracy. But the schools are now for many Federal education programs. eral redtape involved currently with doing things, trying things, delivering States will also be expected to grant trying to comply with Federal rules help to students, meeting needs at the waivers of their own regulations which and regulations related to educational site of learning, rather than meeting schools believe are barriers to improv- programs. the appetite of the bureaucracy. ing education programs. This is a de- f Other Ed-Flex States have used the sign—a conspicuous and conscious de- ORDER OF PROCEDURE waiver authority to include all school sign—to deliver resources to class- improvement resources in a single 34- rooms where students learn and im- Mr. ASHCROFT. Mr. President, I ask page plan rather than 8 separate plans prove their performance. unanimous consent that the vote totaling 200 pages. Can you imagine Around the Nation, Governors of scheduled to occur at 2:15 today now that? If you can move the paperwork both political parties have called for occur at 2:30 p.m. down in the direction of sort of manual quick passage of this legislation as it The PRESIDING OFFICER. Without operations from 200 pages to 34 pages, will allow educators to design and to objection, it is so ordered. you will cut out that kind of paper- deliver federally funded education dol- Mr. ASHCROFT. Mr. President, I work and you are cutting out a wasted lars in ways that meet the needs of stu- thank the Chair. I suggest the absence resource, and when you stop wasting, dents. As a former Governor, I know of a quorum. you can start delivering. how important it is for a State and its The PRESIDING OFFICER. The I am sure this next item is of special local school districts to have decision- clerk will call the roll. interest to the occupant of the Chair, making authority over educational The bill clerk proceeded to call the who served as the chief executive of matters. The closer the decision- roll. Ohio. Reports indicate that Ohio used making is to the local level, I feel, the Mr. ROBB. Mr. President, I ask unan- its Ed-Flex authority to significantly better. imous consent that the order for the reduce paperwork in the schools. The States and local schools are in a bet- quorum call be rescinded. education agency of the State also re- ter position to know what programs The PRESIDING OFFICER (Mr. duced its paperwork. This is great news work in their community and elicit the SMITH of New Hampshire). Without ob- to hear. Ohio is the State that reported necessary enthusiasm and response jection, it is so ordered. The Senator from Virginia is recog- at one time that 52 percent of all the from their families which are being nized. paperwork—I think that is right; the served. Mr. ROBB. I thank the Chair. Chair might correct me—required of I also know that States want to show (The remarks of Mr. ROBB and Mr. their school districts was related to that their education reforms will actu- WARNER pertaining to the introduction participation in Federal programs ally improve quality of education. of S. 533 are located in today’s RECORD while the Federal dollars were about 5 When I was Governor of Missouri, I under ‘‘Statements on Introduced Bills percent of the State’s total education also served as chairman of the Edu- and Joint Resolutions.’’) budget. That means we are costing peo- cation Commission of the States—all 50 Mr. ROBB. Mr. President, I suggest ple a lot in terms of paperwork to get States, legislators, governors, school the absence of a quorum. a very small amount of the resource. It board officials—the Education Com- The PRESIDING OFFICER. The is time we freed the system from the mission of the States. During that time clerk will call the roll. burden of paperwork so it can get mov- I emphasized a point. And it was this: The legislative clerk proceeded to ing forward to the task of helping stu- We must insist that our reform pro- call the roll. dents. grams create a current of educational Mr. WARNER. Mr. President, I ask States are finding that flexibility and improvement. We must show that re- unanimous consent that the order for regulatory relief they have gotten forms actually help our children learn the quorum call be rescinded. under the Ed-Flex program has caused more. The PRESIDING OFFICER. Without increased student performance. Texas Mr. President, I believe that Ed-Flex objection, it is so ordered. has found that its schools with Ed-Flex boosts educational achievement by al- Mr. WARNER. I thank the Chair. waivers made gains that match—and in lowing States to direct resources where (The remarks of Mr. WARNER and Mr. many instances exceed—those as a they will get to the classroom and help ROBB pertaining to the introduction of whole in the State. And frequently students learn. S. 535 are located in today’s RECORD those schools with the waivers were So today I want to voice my strong under ‘‘Statements on Introduced Bills ones that were especially challenged. support for the Educational Flexibility and Joint Resolutions.’’) Because of the success of the Ed- Partnership Act of 1999. Under this leg- (The remarks of Mr. WARNER per- Flexibility Partnership Demonstration islation, Missouri schools and schools taining to the introduction of S. 536 are Program, we need to expand this con- across America no longer have to come located in today’s RECORD under cept to every State in America. In my to Washington to seek education waiv- ‘‘Statements on Introduced Bills and home State of Missouri, we don’t cur- ers one at a time. But they will have Joint Resolutions.’’) rently have broad authority, the kind more flexibility to administer federally Mr. WARNER. I thank the Chair, the of authority we need to waive the Fed- funded education programs in ways indulgence of my colleague, and I yield eral regulations that keep our schools that boost student achievement, and the floor. from improving education programs. In ultimately have as a result more capa- Mr. GRAHAM addressed the Chair. the past few years, my State, as well as ble students. The PRESIDING OFFICER. The Sen- local districts in Missouri, have had to States and local schools want more ator from Florida is recognized. come to Washington on a number of oc- flexibility because they have the best (The remarks of Mr. GRAHAM pertain- casions and ask for waivers of certain ideas of what will work in their com- ing to the submission of S. Res. 57 are Federal education statutes so they munities. And they want the ability to located in today’s RECORD under ‘‘Sub- could administer their programs in take that good news to the students of mission of Concurrent and Senate Res- such a way that they can better serve their schools. Important education olutions.) S2258 CONGRESSIONAL RECORD — SENATE March 4, 1999 Mr. ROBB addressed the Chair. SEC. . AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. It was, The PRESIDING OFFICER. The Sen- In addition to other funds authorized to be and it would end this discussion and ator from Virginia. appropriated to carry out part B of the Indi- colloquy at 5 o’clock. viduals with Disabilities Education Act (20 Mr. ROBB. Mr. President, I ask unan- U.S.C. 1411 et seq.), there are authorized to Mr. KERRY. Mr. President, I yield imous consent to be added as an origi- be appropriated $150,000,000 to carry out such such time as needed to my colleague, nal cosponsor to the resolution just in- part. Senator SMITH of Oregon. troduced by the Senator from Florida. Mr. LOTT. Mr. President, in view of Mr. SMITH of Oregon. Mr. President, The PRESIDING OFFICER. Without the status of the amendments at this I thank Senator JEFFORDS for giving us objection, it is so ordered. point, in order for the Members work- this time, and my colleague, Senator Mr. GRAHAM. I wish to express my ing on this legislation to have a chance KERRY, for his leadership on this issue. thanks and admiration to my colleague to discuss how we can proceed, I sug- I also appreciate Senator KERRY’s will- from Virginia. gest the absence of a quorum. ingness to set aside some of the par- f The PRESIDING OFFICER. The tisanship that divides us on this issue. clerk will call the roll. There are too many good ideas that Re- EDUCATIONAL FLEXIBILITY The legislative clerk proceeded to PARTNERSHIP ACT OF 1999 publicans and Democrats share in com- call the roll. mon for us not to make significant The Senate continued with the con- Mr. BROWNBACK. I ask that the progress on the issue that is on the order for the quorum call be rescinded. sideration of the bill. minds of most parents, perhaps, more The PRESIDING OFFICER. Without Vote on Amendment No. 36 objection, it is so ordered. The Senator than any other—the education of their The PRESIDING OFFICER. Under from Kansas is recognized. children. the previous order, the vote will now (The remarks of Mr. BROWNBACK While Senator KERRY and I will not occur on the Jeffords amendment No. pertaining to the introduction of S. 539 be introducing our amendment today 36. The question is on agreeing to the are located in today’s RECORD under to this legislation, I think it is impor- amendment. The yeas and nays have ‘‘Statements on Introduced Bills and tant that we take this opportunity to been ordered. The clerk will call the Joint Resolutions.’’) raise the issue of principal training and roll. Mr. BROWNBACK. Mr. President, I development. The legislative clerk called the roll. suggest the absence of a quorum. After speaking with educators, par- The result was announced—yeas 100, The PRESIDING OFFICER. The ents, principals, and teachers in both nays 0, as follows: clerk will call the roll. Oregon and in Massachusetts, it be- The legislative clerk proceeded to [Rollcall Vote No. 31 Leg.] came clear to Senator KERRY and I call the roll. that our principals are too often not YEAS—100 Mr. KERRY. Mr. President, I ask prepared to address the needs of our Abraham Feingold Mack unanimous consent that the order for children. As Senator KERRY has said Akaka Feinstein McCain the quorum call be rescinded. many times, we can’t expect our Allard Fitzgerald McConnell The PRESIDING OFFICER. Without Ashcroft Frist Mikulski schools to be well managed without objection, it is so ordered. Baucus Gorton Moynihan good managers. It is time to provide Bayh Graham Murkowski Mr. KERRY. Mr. President, just to Bennett Gramm Murray let the distinguished chairman and our States and school districts with Biden Grams Nickles manager know, it is my understanding the resources to train our principals as Bingaman Grassley Reed managers. Bond Gregg Reid that the sponsor of the pending amend- Boxer Hagel Robb ment does not wish at this time for it Our proposal would provide States Breaux Harkin Roberts to be set aside. In lieu of remaining in the needed resources for the develop- Brownback Hatch Rockefeller a quorum call, Senator SMITH and I ment and training of excellent prin- Bryan Helms Roth cipals, and the retraining of current Bunning Hollings Santorum have decided not to, in fact, ask for a Burns Hutchinson Sarbanes vote on our amendment, but we would principals to improve the way they Byrd Hutchison Schumer like to proceed to at least talk about it manage our schools. This competitive Campbell Inhofe Sessions principals’ challenges grant will allow Chafee Inouye Shelby for a period of time, and then obviously Cleland Jeffords Smith (NH) we will not introduce it, and we will States to develop programs that focus Cochran Johnson Smith (OR) not, therefore, have to withdraw it. on providing principals with effective Collins Kennedy Snowe Mr. JEFFORDS. I have no problem as instructional skills and increased un- Conrad Kerrey Specter long as it is for debate only and it derstanding of the effective use of edu- Coverdell Kerry Stevens Craig Kohl Thomas won’t be offered. I have a request to cational technology and the ability to Crapo Kyl Thompson limit Senators to 5 o’clock; apparently, implement State content performance Daschle Landrieu Thurmond there is something else that needs to standards. DeWine Lautenberg Torricelli Dodd Leahy Voinovich be done at 5 o’clock. Throughout the debate on the Ed- Domenici Levin Warner Mr. KERRY. Mr. President, I am sure Flex bill, we have heard a lot about the Dorgan Lieberman Wellstone Senator SMITH and I will be able to fin- need for greater accountability. Our Durbin Lincoln Wyden ish by that time—— proposal does not expect the States to Edwards Lott Mr. JEFFORDS. Fine, I have no ob- Enzi Lugar be accountable. Our proposal requires jection. accountability. State educational The amendment (No. 36) was agreed Mr. KERRY. Depending on how agencies must specify how the Federal to. things proceed. funds will be used for principal training The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Without programs, how the use of these funds jority leader is recognized. objection, it is so ordered. Mr. KERRY. Mr. President, I am not will lead to improved student achieve- AMENDMENT NO. 37 TO AMENDMENT NO. 35 ment and provide, through annual eval- (Purpose: To authorize additional appropria- sure it is subject to an objection any- way, since I have the floor. I believe I uation, evidence of such improvement tions to carry out part B of the Individuals having occurred. with Disabilities Education Act) am entitled to speak. Importantly, this proposal does not Mr. LOTT. Mr. President, I send an But that said, it may be that, de- dictate to the States how to implement amendment to the desk. pending on how things go with this bill these programs. Rather, it gives States The PRESIDING OFFICER. The overall, we may decide at an appro- the opportunity, the resources, and the clerk will report. priate time that it is worth submitting support to create programs that meet The legislative clerk read as follows: the amendment, but I think we have to see what the flow is going to be with the needs of every school district, rural The Senator from Mississippi (Mr. LOTT), and urban. for Mr. JEFFORDS, Mr. GREGG, and Ms. COL- respect to this particular piece of legis- LINS, proposes an amendment numbered 37 to lation. Mr. President, as we continue to de- amendment No. 35. Mr. KERREY. Mr. President, was the bate education reform in the Senate, I In Lieu of the matter proposed to be in- unanimous consent agreed to, to end believe that we must include a compo- serted, insert the following: the quorum call? nent that reforms the way in which our March 4, 1999 CONGRESSIONAL RECORD — SENATE S2259 schools are managed. We have some ex- principal development programs and remedial courses to fix what they cellent principals in our school dis- report on the best practices to train didn’t do properly in high school—re- tricts in Oregon, in Massachusetts, and principals nationwide. Activities would medial writing, remedial math, reme- all over the country. We now have an include developing management and dial reading. And colleges are literally opportunity to recruit excellent prin- business skills, knowledge of effective required to expend—some might argue, cipals. They are the CEOs of our instructional skills and practices, and waste—a considerable portion of the schools. We should ensure that every learning about educational technology, collegiate experience bringing people principal has the resources and train- which has been a special focus of mine up to the level that they should have ing to be a successful manager. in Michigan where I’ve brought to- been when a principal handed them a Senator KERRY and I believe that our gether colleges and universities and diploma—or the chairman of the school principals’ challenges grant proposal is other entities in a partnership to move board, or whatever dignitary is there— a strong step toward improving the towards making Michigan’s standards handed them a diploma, and said, quality of education in our public for teacher training in the use of tech- ‘‘Congratulations. You are ready to go schools, and we look forward to work- nology the nation’s best. out into the world and earn conceiv- ing with our colleagues during the re- The expectations for our school prin- ably a low-level income, or perhaps authorization of the Elementary and cipals are high. They are trusted to co- even minimum wage.’’ Secondary Education Act. ordinate, assist and inspire teachers I don’t think most of my colleagues Again, I thank my colleague, Senator and students, while also monitoring would argue with the notion that the JEFFORDS, for allowing us time to their own personal growth. We must in- public school system of this country is speak on this issue and for his leader- vest in our principals, who dedicate so in distress. That is why we have such a ship on the Ed-Flex legislation. much to investing in our children. This tension on the floor and in our politics Mr. President, I yield the floor. principal preparation program will between vouchers and some of the pri- Mr. LEVIN. Mr. President, I am allow principals to reach their full po- orities of those who approach reform pleased to join my colleagues, Senator tential and at the same time, create differently. Most of the debate last JOHN KERRY and Senator GORDON public schools that are more organized, year on the floor of the U.S. Senate SMITH, in the amendment to establish well-managed and modern. I urge my was focused on either the voucher solu- the Excellent Principals Challenge colleagues to support this amendment. tion—which is in the end not a solution Grant program, which seeks to address Mr. KERRY addressed the Chair. at all to the problem of fixing public the critical professional development The PRESIDING OFFICER (Mr. schools—or it focused on construction needs of elementary and secondary BROWNBACK). The Senator from Massa- money and technology money but bare- school principals. Last month, during a chusetts is recognized. ly enough on the issue of accountabil- meeting with the Michigan Association Mr. KERRY. Mr. President, we are ity: How do we guarantee that reforms of Secondary School Principals currently gridlocked over the most im- are put into the schools that are really (MASSP), a major concern expressed portant issue in the country today. I going to make a difference in how stu- by them was the lack of professional don’t think anybody in this Chamber dents learn and in how we will know development programs for school prin- would question that what the U.S. Sen- that they are in fact learning? cipals. What the school principals of ate and the Congress chooses to do So Republicans and Democrats my State said was, just as with the with respect to education is going to talked past each other, each intent on teachers and students around them, have more to do with determining the their own sort of ideological goals, they too must keep growing in order to long-term transformation that can with the end result that the Congress continue to be effective leaders; and as take place socially and politically in did precious little to fix the schools, individuals most responsible for imple- the long run in this country. and another grade, if you will—the kids menting vision, direction, and focus for We hear countless references within who went from the 11th to 12th, the their schools, principals must be for- almost every political speech today to kids who graduated from high school, tified with the best knowledge and the impact of globalization, the impact the kids who went from middle school skills required to effectively manage of technology, the changes that have to high school, or elementary school to positive change, including being cog- taken place in the marketplace and, in- middle school—all were sort of pushed nizant of the best ways in which to in- deed, the extraordinary numbers of on in the same state of inadequacy tegrate technology into their schools challenges that people face in the that has characterized the school sys- so that it enhances learning in the workplace today. It is almost axio- tems for too long. classroom. matic to say that if you are going to I know my colleagues on the Repub- These are the views of the dedicated earn a decent living in the United lican side of the aisle want good school principals of my State, includ- States, or anywhere in the world schools. I have also become convinced ing Jim Ballard, MASSP Executive Di- today, you have to be able to manage that one of the things which most re- rector, Sandy Feuerstein of Adams Ele- information; you have to be able to de- strains them from joining in some of mentary School in Livonia, Barbara velop your thinking skills. the Democrat initiatives is the convic- Gadnes of Brighton Elementary School We live in an information age. Most tion they have that without account- in Brighton, Jerry Dodd of Edsel Ford of the good service jobs and even good ability, without adequate change in the High School of Dearborn and Bob Cross light manufacturing jobs, technology- fundamental structure, without ade- of Troy Athens High School in Troy, oriented jobs, and certainly the kinds quate capacity to really push the enve- Michigan. of jobs to which most people aspire at lope of reform, they would be spending This amendment would facilitate the the upper levels of income are abso- good money that would be chasing bad. professional development needs ex- lutely dependent on the maximization I have to say in all candor I don’t dis- pressed by the principals of my State of that skill level. agree with that—that in many school and principals nationwide. It would es- The truth is, however, that in the systems, if all we do is throw money at tablish a competitive grant program to United States of America today about the problem, we are not going to be the States, to fund local school dis- two-thirds of our high school graduates achieving what we want. tricts for implementation of profes- are handed a diploma although they There is, however, something that sional development programs for K–12 can read only at a basic reading level. has been happening in the United school principals. Authorized funding A basic reading level, according to our States for the last 10 years or more would be $250 million for each of the testing standards, is not a proficient which we ought to take note of and re- years FY 2000–FY 2004. State and local reading level; it is just that—it is spect. That is that the Governors of the school districts would be expected to basic. States have been engaged in major re- contribute 25 percent of the total cost, One-third of the graduates of our form efforts on their own. I think we in with the exception of the poorest high schools are at below basic reading Congress ought to take more note of school districts that would be exempt level. It is extraordinary that 30 per- the legitimacy of the connection of the from the match. In addition, a commis- cent of all the students in our country Governors and local governments to sion would be created to study existing who go to college begin college taking the same people who vote for us. They S2260 CONGRESSIONAL RECORD — SENATE March 4, 1999 are held accountable in the same way. school, you need a parent involved in forms that will empower the States The races for Governor across this your life who is both sensitive enough and local communities to be able to country are, more often than not now, and caring enough to get you there, to embrace the best practices of any of fought out over the issues of whether take you there, to make the decision to the schools that work, a public school or not the incumbent or, in an open pull you out of the other school. that can look to any other school and race, which candidate is going to pro- For too many kids who are stuck in draw on those practices and put them vide the best educational opportunities our school system, their parents, re- into place? And the bottom line truth to the kids of that particular State. In- grettably, are not that involved. They is we are not going to do that without deed, they are accountable in the same don’t have those kinds of choices in a major increase in resources. way that we are accountable for what front of them. They aren’t aware of I was delighted to see that the Sen- we do. them. They do not know how to effect ator from New Mexico, Senator DOMEN- I believe we in the U.S. Congress them. There are a whole lot of reasons ICI, recently embraced the notion that ought to be perhaps a little more sen- you wind up with disparities between we should put somewhere in the vicin- sitive to and respectful of that process the schools. But the truth is that there ity of $40 billion into education over of political accountability and perhaps are practices within a parochial school the next 5 years, and put it back in the be a little bit more willing to try to which could serve as a model for what States, liberating the States to be able trust the Governors to embrace a cer- we might try to adopt or try to imple- to embrace real reform. I believe that tain broad set of reforms that we could ment in public schools. is a minimum figure, but it is a figure in fact target or articulate through the There are obviously charter schools. that Senator SMITH and I and others legislative process without becoming Charter schools are the reaction to have talked about over the last year or sort of management specific, without what is happening in the public school so. That is the raw, essential ingredi- becoming so intrusive that we tend to system. Charter schools have grown be- ent necessary to guarantee the kind of have taken the discretion away from cause people are increasingly despair- broad-based massive reform effort that them, or in fact asserted ourselves in ing of whether or not they will be able will help to guarantee the kind of edu- ways that begin to become ideologi- to achieve the changes they want in cation structure that we want. cally divisive rather than constructive their public school. So charter schools No one should doubt if you want a in how we are trying to find reform. come along, and all of a sudden people tax cut in America in the long run, in- There are many areas where we could say, ‘‘Oh, boy, we can escape from the vest in children today. If you want to do this. I think Senator SMITH and I albatross of bureaucracy. We can get stop the extraordinary increases in have been trying together to frame a out from under the sort of school board spending in the criminal justice system bipartisan approach to how we might politics. We can finally put our kids in or for chronic unemployment or for in fact unleash a remarkable level of a classroom that doesn’t have 28 or 33 drug abuse or for other problems that creative energy within the school sys- kids. We are going to get the magic 12 come out of our juvenile justice sys- tems of our country. I thank Senator to 18 or something.’’ So people say, ‘‘I tem, or a host of other areas, the best SMITH for his willingness to reach out am going to go for this opportunity,’’ thing we could do is guarantee that across the aisle and to also try to be and so all of a sudden the charter kids are not running around the streets thoughtful about what we could do school increases in popularity. It is a in the afternoon or going home to that would most impact the schools of reaction to the failure of the public empty homes and apartments after this country. school system. school and getting into trouble, or not Mr. President, there are a number of But here is the most important thing doing their homework. I don’t know different experiments happening in dif- of all. All across this country, in com- what happened to the fundamental no- ferent schools in America. Private munity after community after commu- tion of raising children: children need schools have engaged in certain re- nity, there are great public schools. structure, and structure in the earliest forms. So, generally speaking, an awful There are public schools that work stages can be provided in schools or in lot of private schools have had an easi- brilliantly. They are not failing; they community centers when parents are er road to go down for a lot of reasons are on the rise. And what they say to working until late hours of the evening that are inherent in the nature of pri- us is that if we pay enough attention to and are less available to take care of vate schools. The nature of their stu- this and work hard enough at trying to their kids than they were in the past. dent population, the ways in which fix the things that are broken, you can Within that context of reform, there they are able to manage, the sort of make a public school great. are a number of things that could be streamlined accountability that exists No one in this country should doubt done. They range from attracting within a private school—there are a that. Because most of the generation stronger teachers by loan repayment whole series of reasons. But there are that went ahead of us, and the genera- programs or by incentives to draw the things we can learn from private tion before that—generations that are higher tiers of SAT scores into teach- schools. There are things we can learn being extolled in book after book now: ing for a period of time. There are a from parochial schools. Tom Brokaw’s ‘‘The Greatest Genera- number of ways in which we could pro- I often hear people say, ‘‘Gee, go to tion’’ or other books that are out—all vide incentives to college graduates any parochial school and look at the of those generations, the vast majority who come out of school with $50,000- level of discipline you have,’’ or, ‘‘Go of them, came out of public schools, plus of loans and who need desperately to a parochial school and you will find public schools that faced a different set to earn a decent base income to raise a people teaching for less than you see of problems than the public schools of family and to get ahead. We could help them teaching in public schools, and today, and those public schools were supplement that capacity of school dis- they teach as effectively or perhaps able to respond. tricts, particularly in low-tax-base more effectively in some cases.’’ The bottom line is, and I will repeat areas where they do not have the abil- The question is legitimately asked: this again and again and again, there ity to do this on their own; we could How is it that in a parochial school you are not enough private schools, there help them get the best teachers, which have this broad mix and diversity of will never be enough charter schools is what we want. We could also help student population sometimes found in fast enough, and there are not enough school districts deal with the problem the inner-city and you are able to do vouchers to save an entire generation of technology. We could also help pro- better than you are in a public school? of young people when 90 percent of the vide the capacity for ongoing profes- There are some reasons for that, inci- kids in America go to school in public sional education or mentoring. We dentally. There is a certain kind of schools. So the real challenge to the could help schools keep their doors creaming that takes place, inadvert- U.S. Senate is not to get locked up in open into the evenings. We could help ently perhaps sometimes, even con- a debate about vouchers and not to get turn schools into real centers of com- sciously, or just by virtue of econom- locked up in a debate about some tar- munity learning for parent and child— ics, by virtue of even the small fee that geted narrow area of reform. The real alike, into the evening hours. people are required to pay, or the sim- challenge to the U.S. Senate is, can we But one of the most important things ple fact that to get to a parochial come together around a broad set of re- we could do—Senator SMITH and I were March 4, 1999 CONGRESSIONAL RECORD — SENATE S2261 going to offer an amendment to the Ed- form. It is remarkable that we cur- come principals of schools; people who Flex bill on this—one of the most im- rently provide so little assistance to have left the public sector, people who portant things we could do is help deal the people we trust to do the most im- have left the military at a young age, with the problem of principals. In portant job of education reform. I do but who have great leadership skills every blue-ribbon school that I have not believe we can leave it to chance, and leadership development. There are ever gone into, I have found that the that every single principal has received many other examples across this coun- first ingredient that hits you about the training or the skills needed to be try—CEOs who have retired at an early why that school earned the blue-ribbon the kind of dynamic leader that edu- age because they have been very suc- award, or why it is a singularly strong cation reform requires. cessful with their companies. They school within the public school system, As the National Association of Sec- have great management skills, great is you will find a principal with ex- ondary School Principals said in their leadership skills. We should be reach- traordinary capacity. I could cite letter supporting this amendment: ing out to these people all across this schools in Massachusetts—the As the individuals most responsible for im- country to ask them to come in and be Saltonstall School up in the North plementing vision, direction, and focus for part of the job of helping to save our Shore, or the Jacob Hiatt School in their schools, these leaders must be fortified schools. Worcester, or the Timilty Middle with the best sources of knowledge and skills At an investment that we offer of School in Roxbury. In all of the schools required to effectively manage positive simply $100 million a year, including a change. where I found great learning going on 25-percent matching grant required and great enthusiasm, I found, without If we want flexibility to have the from States and local school districts, exception, it was a direct result of an kind of impact that I think everybody exempting our poor districts, we be- extraordinary principal who was help- in the Senate wants, then we have to lieve this investment will leverage the ing to drive the energy of that school. guarantee as best we can that we help local energies so badly needed in order I think every one of us knows the the local communities be able to pro- to invigorate new school leadership and great impact that a principal makes on vide qualified principals in each school make reform work across the country. a school—principals who are real lead- who can apply that freedom we are giv- I come from an Ed-Flex State. Based ers; principals who can build the vital ing them to the work of raising student on what we have learned in Massachu- relationships between teachers, par- achievement. That is why GORDON setts, it is clear that we should in- ents, students and the community; SMITH and I want to introduce a title of crease the flexibility we give to our principals who are trained and talented our legislation, the Excellent Prin- schools. I have also been willing to rec- enough, when it comes to leadership cipals Challenge Act, as an amendment ognize, and I have learned that it is not and when it comes to management, to to the Ed-Flex bill, as a way of invest- just the flexibility that brings us re- understand all the nuances of modern ing in the school leadership that we form. In fact, if you give flexibility, education and all the ways they can need. but do not have strong leadership in implement good practices within their The amendment that we contemplate place, or you do not have the kind of school. Without a principal doing that, would provide grants to the States to capacity to put best practices in place it is not going to happen. provide funds to our local school dis- from other school systems in the coun- Here is the reality. As we talk about tricts for ongoing education and train- try, then you will not have reform, and providing more flexibility in public ing for our principals, to empower flexibility itself will be given a bad education, which is what Ed-Flex does, them to learn all the best management name. You cannot bring about these and as we talk about turning over more and business skills the private sector kinds of comprehensive efforts without control on the local level, we are really has to offer, and to gain a knowledge of terrific leadership, and that leadership talking about providing greater respon- the most effective teaching practices should come from, must come from sibility to the 65,000 or so principals in in the country. So even if the prin- principals within each school. It is the our public schools. cipals themselves have not been teach- first and most important commitment. I would like to just point to this ers, as many of them have not been As the National Association of Sec- chart. This is how we approach the within decades, they can work with the ondary School Principals wrote in issue of training principals in America teachers on their staff to help kids their letter of support, this amendment today. The fact is that less than half of learn and to really give our principals addresses the critical professional de- the school districts in the United the knowledge they need about edu- velopment needs of principals as they States have formal or on-the-job train- cation technology so they can put to seek to improve learning for all stu- ing or mentoring programs for new use the new modern instruments of dents. principals. That comes at a time when teaching that are now coming to the I hope when the time comes, whether we have a greater need for new prin- classroom. it is on this bill or conceivably in the cipals than we had, just as we have a We also need them to be able to seek Elementary and Secondary Education need for new teachers. out and build the collaboratives and Act, colleagues will join together in In the next 10 years, we need to hire the partnerships with business and embracing not just the effort to pro- 2 million new teachers. Mr. President, with the high-tech community to grad- vide a better avenue for stronger prin- 60 percent of those new teachers have uate students who are genuinely ready cipals to come into the school system, to be hired in the next 5 years. If we for the information age. but will embrace a set of reforms that don’t have an effective principal who is Our amendment would also commis- will truly liberate our schools so that managing a school effectively and sion a report on the best practices of good thinking and common sense can searching for those best teachers, we the best principals in the country, cre- take over from bureaucracy. I think we are not going to fulfill this extraor- ate a sharing of best practices so that need a major overhaul of the current dinary opportunity with the hiring we really start documenting what structure, but I think if the U.S. Con- that we ought to have, and we are not works best, not in theory, but the re- gress were willing to hold out to our going to wind up implementing the re- ality of what happens in our class- schools the most significant incentive forms in the way we ought. rooms, so that Governors and school grant proposal we have ever provided, Let me just quote the executive di- board leaders and principals in the we would see the most dramatic change rector of the National Association of years to come can bring good ideas to at the fastest rate that we could ever Secondary School Principals. He said: scale in every principal’s office in this contemplate. Whether it is the hiring Schools are going without principals, re- country. of new, stronger teachers, whether it is tired principals are being called back to full- These are really some of the most the lowering of classroom size, whether time work, and districts have to go to great important investments that we can it is providing the capacity for class- lengths to recruit qualified candidates. make, if we are going to trust that the rooms that do not currently exist, I believe that this is the unheralded reforms we want so desperately are whether it is raising the capacity of crisis of our education system, the going to be implemented in our our principals, or even implementing quality of our principals and their ca- schools. There are many people of tal- the standards we know we need to pacity to be able to lead and effect re- ent who we should encourage to be- measure student performance or even S2262 CONGRESSIONAL RECORD — SENATE March 4, 1999 teacher performance, these things are kind of an entrepreneurial spirit alive additional flexibility which will be the sine qua non of any kind of legiti- and well in the United States of Amer- enormously helpful in my State, espe- mate education reform. ica. I am in favor of cutting some of cially in the rural areas. I have been It is time for the U.S. Senate to em- the regulations we have on business using this piece of legislation as an op- brace real reform, not another set of today. We do not impose a great deal of portunity to work with the Depart- Band-Aids, not a simple little trinket restriction on what people are required ment of Education to get them to help here and a simple little trinket there to do with their employees. Nebraska—in fact, get a waiver to help that satisfies one political party or an- We have minimum wage laws, but, us develop our Title I plan, using the other or one constituency or another. beyond that, we do not require health standards and assessment of the local A broad-based reform ought to be insurance and we do not require pen- districts. The State would approve something that we can all understand. sions like many other nations do. If we those local plans, but it is not quite a I hope we can cross the aisle and are going to do that, it seems to me we State plan. build the kind of coalition of biparti- are going to have to reexamine the fun- We have been having difficulty get- sanship that will make this the year of damental laws we have governing our ting that waiver, and I thank the De- genuine education reform in the coun- so-called safety net. That is going to partment of Education for helping us try. We have talked about it for too lead us, it seems to me, both to change accomplish this goal. Secretary Riley long. We have lost too many kids to the structure of our Social Security has been enormously helpful in that re- the lack of our capacity to build that system as well as to change the struc- gard. It gives us another window into coalition. Now is the time to make it ture of our health care system. the problems we are facing right now of happen. Unfortunately, what happens is, we children of lower-income working fami- Mr. President, I yield back the re- get terrified about the time an election lies. mainder of my time. shows up, and we get concerned about Understand that the world has The PRESIDING OFFICER. The Sen- whether or not changing eligibility age changed considerably. I graduated from ator from Nebraska. or some other adjustments in the cost high school in 1961, just shortly before Mr. KERREY. Mr. President, I think of these programs will enable us to sur- the ice started to recede back up into there is something that is going to vive an election. As a consequence, we the North. In 1961, three-fourths of my happen at 5:00. I am going to talk for a rarely take any action. graduating class went right into the workforce. There were good jobs avail- while and wait and see if the leaders Indeed, I must say the President’s able in 1961 that supported a family at can resolve the little stalemate we budget, though it is attractive in many the Havelock shops for Burlington have going on on the floor right now. ways, has a couple of significant flaws Title I is a very important program that make this problem even worse, in Northern, at Goodyear, at Western Electric, the new AT&T plant that just in Nebraska. It serves somewhere be- my view at least. The biggest flaw is opened up in Omaha. They were good tween 37,000 and 38,000 students, but that the President requires us to take jobs. The rule was, you went out and costs us about $800 per student per the surplus and exchange publicly held got a job. That job supported your fam- year. We have about 80 schools that debt and transfer it over to, in one ily. You did a little time in the service. have schoolwide Title I programs and place, the Medicare trust fund, the You came back from the service. The about 350 that are in the targeted pro- other, the Social Security trust fund— nearly 65 percent I believe the total job was there, and you worked at it for gram. the rest of your life. One of the concerns I have in general number is. What this is going to do is give people who are eligible either for Mr. President, a third of our high with education is, we typically are school graduates who are going fighting with peanuts. I do not mean to an old-age benefit or health care bene- fit out in the future a larger and larger straight into the workforce today find say that $8 billion is peanuts, but rel- claim than they have even now on our a much different situation. I support ative to the cost of some of our larger taxes. free trade. I want our laws to provide programs we rarely debate around I say that preliminarily, because I us with free trade opportunities. But here, Title I is still a relatively low- examined the Title I program consider- that puts a tremendous amount of cost program. ably in my State and I see it is doing pressure on these young people to com- By that I mean, one of my issues a great deal of good. It is not just being pete in a global economy in a way that since I have come here to the U.S. Sen- used for low-income people, although I was not required to do when I grad- ate has been to try to alert both the free and reduced-price lunch guidelines uated in 1961. people of Nebraska, as well as the peo- mean schools that have incomes of I would like to keep the restrictions ple in the Senate, that we have a tre- $31,000 for a family of four would qual- on business to a minimum so that we mendous problem with our growing ify. Mr. President, $31,000 is typically can grow our economy and allow entre- mandatory programs: Social Security, Mom and Dad—at least in my commu- preneurs and the energy of the entre- Medicare, the long-term portion of nity—both out there working like mad, preneur community to create new jobs Medicaid. I must say I am not very trying to make ends meet. It is not and wealth in America. But if we are pleased with the progress of that de- what people would think of when they going to have both of those things, it bate this year. We are fighting our- think of traditional ‘‘poor’’ folks. In seems to me what we have to do is be selves with a significant amount of this case, we have more poverty on a very diligent in the first place about constraint in discretionary spending. percentage basis in rural Nebraska being willing to tackle these manda- There is a big debate going on right than we do in urban Nebraska, and, as tory programs where a larger and larg- now whether we ought to lift the budg- a consequence, these Title I funds are er share of our budget is going, but we et caps that are currently imposed to enormously important. They are like a are also going to have to be willing to $574 billion for this year for budget out- lifeline. There are 37,000 students being invest in these young people and give lays. One of the reasons there is pres- served by it. That is about 17,000 short this lifeline to the State and local edu- sure on that is these mandatory pro- of the total who are eligible. We have cators who are trying to make Title I grams continue to take a larger and another 17,000 schoolchildren out there a program that does, in fact, give our larger share of the total budget. who are eligible, by Federal guidelines, young people the reading skills, the For all the talk about Medicare in to be assisted. math skills, and the other skills they the last few years, you would have As you examine what is being done are going to need when they graduate thought we cut it. During the 1997 bal- by these schools, how they are using from high school. anced budget agreement, I know many these basic grants and the concentra- I am very much troubled about that people were concerned that we were tion grants, you can begin to get an one-third of the class who are now cutting Medicare. Medicare continues idea not only of the problems that are going right from high school into the to go up about $20 billion per year over being faced but the need that is there workforce with the kind of skills that the next 10 years. We have to decide, it and the good that gets done if we are they have, given what the marketplace seems to me, if we are going to main- able to provide these Title I funds. is asking them to have in order to get tain laws that place a minimal amount Under the Ed-Flex bill, which I like a the kind of job they are going to need of restriction on business, that keep lot, we are granting the States some to support their families. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2263 Title I is one of the bills that has with respect to poverty. Thus, commu- that in a bipartisan way we are going been mentioned repeatedly here on the nities that have slightly less than .5— to continue this partnership and reduce floor of the Senate, especially by peo- say in our case like .48—it is just im- class size. ple who are concerned about the im- possible for you to do anything even Second, I will be talking about re- pact of this Ed-Flex bill—I believe Ed- with the next-door school which has .5. search. I will be talking more about Flex is going to enable us to make And there is no reason why those that in just a minute. So I will come Title I an even better program than it schools should be treated differently. back to that. is right now. Now Title I is one of those You have to have waiver authority for The third reason to do this is that programs that has a name on it, a num- that outside of the State. there is broad public support. I hear ber on it—I know when I talk to edu- So this bill just makes it so much from law enforcement officers, I hear cators, I sometimes have to get a better for Governors to be able to ad- from business leaders, I hear from translator to tell me what exactly they minister and to be able to take advan- teachers, I hear from school board are talking about—but it also has peo- tage of Federal programs within their members, I hear from parents, in par- ple behind it. States. Thus, it really isn’t creating ticular, and I hear from young people When you see the impact of Title I, for us any problem at all. That is all that reducing class size is critical and at least in my communities, it is a pro- we are talking about. that we need to be a part of the solu- gram that not only deserves to be sup- I want to keep reminding people that tion on this. ported, Mr. President, but, in my judg- this bill is something which the Gov- Finally, I will next week talk about ment, when we reauthorize the Ele- ernors, every single Governor wants, the fact that there is a compelling pol- mentary and Secondary Education Act, and I think everyone here in the Sen- icy reason to pass this amendment we need to find a way to put more ate should. now. That is because school districts across this country, school board mem- money into Title I. I understand Senator MURRAY would We made significant reform in 1994 like some time. I would be happy to bers, are making their decisions about requiring standards to be developed, re- yield to her if I could regain the floor their budgets right now. They need to quiring assessments to be developed. at 4:55. Would that be all right? know whether last October was just a We made it a much better program. Mrs. MURRAY. I would be happy to fluke. Was last October just a political But in my State there are 17,000 eligi- yield the floor to the Senator at 4:55. message because of the election or are we really committed to class size re- ble kids whom we cannot serve simply Mr. JEFFORDS. I yield the floor duction? because we don’t have enough money with the understanding I can regain the floor at 4:55. I will be talking about all of those ar- to get the job done. guments next week. But this afternoon There are few programs right now in The PRESIDING OFFICER (Mr. I really want to focus on the research education—in fact, there is none in SANTORUM). The Senator from Wash- ington is recognized. because I think it is very important education— that I believe does more in that we show why class size reduction my State to help our children acquire Mrs. MURRAY. I thank the Presiding Officer and thank my colleague for really works. the skills they are going to need when Mr. President, I have behind me a yielding me time. they graduate and go into the work- chart which shows that K–12 enroll- Mr. President, I was out here earlier force to earn the kind of living they ments are at record levels. That is why today to talk about the issue of class will need to support a family and to we need to deal with this issue. If you size. And we are currently discussing achieve the American dream. will look, we have gone from 45,000 in the Ed-Flex bill which is a bill that I see the distinguished chairman has 1985 and will go all the way up to just simply means the Federal Government walked back on the floor. I am pre- under 55,000 in the year 2005. Our school transfers its paperwork to the State pared to yield the floor. districts are dealing with jammed class governments in terms of flexibility in Mr. JEFFORDS. The Senator has sizes, and they are going to get worse if until 5. allowing the school districts to have we do not begin to deal with this issue. Mr. KERREY. I cannot possibly talk waivers for different requirements, All last year, when I talked about my for another 20 minutes, so I yield the which I do not oppose, and I think a amendment on class size reduction, I floor. number of our colleagues will support talked about research and what it Several Senators addressed the that. shows. I referenced a 1989 study that Chair. But what is really expected of us in was done of the Tennessee STAR Pro- The PRESIDING OFFICER. The Sen- today’s world, where parents and stu- gram, which compared the performance ator from Vermont. dents and teachers and business leaders of students in grades K through 3 in Mr. JEFFORDS. Mr. President, I and community leaders are asking us small and regular-sized classes. They would like to state where we are and to deal with education, is to deal with found that students in small classes what we hope to accomplish the rest of issues that really make a difference in significantly outperformed other stu- the day. the classroom and in learning. dents in math and reading; every year, Unfortunately, we have broken down I will be offering my amendment, as at all grade levels, across all geo- in the sense of being able to efficiently a 6-year effort, to help school districts graphic areas, students performed bet- and effectively consider amendments hire 100,000 new, well-trained teachers ter in math and reading. on the Ed-Flex bill. in grades 1 through 3. I talked a little Ask any businessman out there, ask I remind everyone, the Ed-Flex bill is bit about that this morning. I wanted anybody who is hiring a student, ask a very limited bill which is supposed to to come to the floor this afternoon be- any teacher, ask any professional, and assist States to manage their edu- cause one of the questions surrounding they will tell you, we need to focus on cational systems better by having a reducing class size is whether it is real- math and reading in our young stu- waiver capacity in title I particularly. ly connected to learning. dents. Reducing class size makes a dif- Just to give some examples of what When I offer my amendment, I will be ference. We knew that from the 1989 we run into on that bill, at this point talking about four different issues study. the State of Vermont has found with which I think are important reasons A followup study of that STAR Pro- Ed-Flex—we are one of the six States that we do this: gram in 1995 found that students in that has Ed-Flex—to be at a great ad- First, that it is a bipartisan effort. small classes in grades K through 3 vantage in making modifications with- This is an effort that we began last Oc- continued to outperform their peers at out the necessity of a waiver, and those tober. It was supported by Democrats least through grade 8. They followed modifications can be made within the and Republicans. It was supported in these kids, if they started in 1989, and State. both Houses, and it was supported by they continued into 1995 outperforming What this does is allow, in certain the administration. We all told our their peers, with achievement advan- circumstances where we have specific school districts across this country we tages especially large for minority stu- percentages set forth which must be were going to help them reduce class dents. reached or you cannot do certain size. They are now putting their budg- Other State and local studies have things—.5 percent is an important one ets together, and we need to show them since found that students in smaller S2264 CONGRESSIONAL RECORD — SENATE March 4, 1999 classes outperform their peers in read- searchers who have been following This is a commitment we made last Oc- ing and math, perform as well or better these young kids who are now graduat- tober. We need to continue to stand be- than students in magnet or voucher ing. And they began in early grades hind it. schools, and that gains are especially some years ago. We have teachers, we have school significant among African American They said students from small class- boards, we have communities, we have males. es—this is what their research shows— businesses, we have young students out Mr. President, many of our col- enrolled in more college-bound courses, there today who know what these stud- leagues have come to the floor decry- such as foreign languages and advanced ies show—that it will make a difference ing the state of education and talking math and science. These were kids who if we reduce class size. We need to do about the performance of our students came from small classes. They were this now. We need to keep our commit- in math and in reading. Small class confident when they graduated. They ment. sizes make a difference; students per- knew these tough subjects. And they It is going to be bipartisan. If we form better. A 1997 national study by felt qualified to go on and enroll in don’t get it done today, I will keep Educational Testing Service found that tougher courses as they went on, be- doing it until we get it done, because it smaller class sizes raise average cause they had a smaller class size is the right thing to do. We hear a lot achievement for students in fourth- when they were younger. They learned of rhetoric on the floor about edu- and eighth-grade math, especially for the skills they needed. They got the cation. We hear that we need to make low-income students in ‘‘high-cost’’ re- confidence they needed. They had the a difference. My amendment will make gions. one-on-one with an adult that allowed a difference. Ask any parent, ask any Particularly of note in the 1997 ETS them to go on to these kinds of teacher, ask any student. study was the finding that in eighth courses. Students from small classes I thank my colleague from Vermont grade the achievement effect comes had a higher grade point average. They for yielding me the time, and I look about through the better discipline and did better in school. Learning, small forward to the debate we will have next learning environment that the smaller classes: Completely connected. They week on this amendment. class size produces. As policymakers had fewer discipline problems. The PRESIDING OFFICER. The Sen- try to make decisions that will affect You can ask why. I can tell you as a ator from Vermont. students in the critical years of middle former teacher and a parent of kids in Mr. JEFFORDS. Mr. President, my school, class size makes a difference in public schools and having been out understanding is that under the terms of behavior and academic there many, many times with young present situation we are in debate only achievement. Class size in those early kids, when you pay attention to a child until 5 o’clock, is that correct? grades transfers to better achievement when they are having a discipline prob- The PRESIDING OFFICER. There is in the middle grades. lem, and you deal with it directly, then no formal order to that effect, though Mr. President, there is good news. you can move on and not continue to there is an understanding to that ef- These students who were followed in have a child with a discipline problem. fect. 1985 have continued to be followed, and If you are in a large class with 30 kids, Mr. JEFFORDS. That is no problem. many of them have now graduated or you can’t pay attention enough to I will go forward under either cir- are just graduating. And last week— those kids who have learning difficul- cumstance and do the same thing. just last week—on February 25, I re- ties or who are just needing attention, I certainly commend the Senator ceived letters from the head research- and they tend to be discipline problems from the State of Washington for pre- ers who have been studying the success later. And this study backs this up. senting the results of the study. I un- of the STAR project. As of June of 1998, Students from small classes have fewer derstand that is the only study that most of the students from STAR have discipline problems. has been done. Obviously, considerable graduated. A pilot study showed that Finally, they had a lower dropout effort was put into doing that. ‘‘more [of these] students from small rate. These students from small classes Again, I emphasize, as I have to all classes [in the early grades] had en- stayed in school. Students in smaller Members, that I want to keep this bill, rolled in college-bound courses (foreign classes, especially minorities and low- the Ed-Flex bill, clear of amendments languages, advanced math and science), income students, are more likely to in order that we can expedite its pas- and had higher grade point averages take college admission tests. The chart sage. This will have good reception in than students who attended regular or shows this. The graph on the left is the House. I want to get this done so regular-aide classrooms. large classes; on the right is small the Governors can, as soon as possible, ‘‘The findings also suggested that classes. Looking at all students, if you have the flexibility to be able to handle small-class students’’—students who were in a small class, you are much the problems created in the present have been in small class sizes in the more likely to take college admission law—especially title I. early grades —‘‘progress through tests. I am not going to accept any amend- school with fewer special education Students in smaller classes had sig- ments that are related to the elemen- classes, fewer discipline problems, nificantly higher grades in English, tary and secondary education reau- lower school dropout rates, and lower math and science. Again, how many thorization. Otherwise, we will be here retention rates than their peers who times have we heard from our col- all the rest of this year talking and had attended regular-size and regular- leagues on the floor that we need to blocking all other legislation because size classrooms with teacher aides.’’ make significant gains in learning, we cannot get this little Ed-Flex bill Mr. President, they are now showing particularly in English, math and out, which is small but is really impor- us that not only did it make a dif- science. Talk to any business leader tant. I have alerted everyone that I ference when they were in kinder- today. They will tell you they are look- will not accept and will oppose any garten, first, second, and third grades ing to hire students who come out of amendments which are related to the because they were in a small class size, our K–12 programs who have a good, Elementary and Secondary Education but it made a difference when they solid background in English, math and Act reauthorization on which we are graduated. It made a difference on science. Smaller classes meant higher presently holding hearings. We have al- whether or not they went on to college. grades in every part of the study. ready had several hearings and we will It made a difference with their grades. Dr. Krueger said: have more hearings. To do it piece- It made a difference with their learn- These results suggest that reducing class meal, as Members are attempting to ing. size in the early grades for at least one do, to do things in this piecemeal fash- I have behind me a quote from a let- year—especially for minority or low-income ion before we have held the necessary ter by Helen Pate-Bain and Jayne students—generates the most bang for the hearings is very counterproductive at Boyd–Zaharias, who were part of the buck. this particular time. STAR research. They said, ‘‘We can say No surprise. Also, I remind Members, for those with full confidence that the findings I will be offering an amendment to amendments which do set forth an au- of this landmark study fully support make our commitment to reduce class thorization for the expenditure of class size reduction.’’ These are the re- size continue over the next 6 years. funds, I will second degree those March 4, 1999 CONGRESSIONAL RECORD — SENATE S2265 amendments and have that money go In a moment I will send an amend- Investing in our children is the best not to the intended purpose of the ment to the desk in order to make national investment we could possibly amendment but, rather, to fully fund progress on the Ed Flex bill. This make at this stage of the game. Giving the IDEA; that is, money for special amendment is drafted to the text of S. our children the tools to succeed is a education. If there is a shortfall in 280 rather than the pending substitute. valuable investment in the success of funding, there is no question that the Members should be aware that we will our workforce and the resulting econ- shortfall in funding is in IDEA. vote shortly after that—depending, of omy. Behind me, Senators can see a chart course, on debate—in relation to the Schools are not just buildings where that demonstrates how incredibly amendment. children and teachers spend their days. stingy the Federal Government has Mrs. MURRAY. Will the Senator Our schools serve as the cornerstone of been in meeting its obligations. I was from Vermont yield for a question? our neighborhoods, and they are the on the committee that wrote the origi- Mr. JEFFORDS. Not at this point. I most basic building blocks that our nal IDEA in 1976, and I remember when am ready to offer the amendment. children need to compete in the future we made the pledge to make sure that AMENDMENT NO. 38 and in the coming 21st century. There the Federal Government was respon- Mr. JEFFORDS. Mr. President, I is no doubt that our time is very well sible for 40 percent of the cost of spe- send an amendment to the desk. spent in this debate here not only on cial education. As Members probably The PRESIDING OFFICER. The the issue of Ed-Flex and being able to realize by this time, yesterday a Su- clerk will report. give States and school districts flexi- preme Court decision greatly expanded The legislative clerk read as follows: bility to be able to produce the best the potential for expenditure of funds workforce possible, but it is also a by saying that under IDEA, we have The Senator from Vermont [Mr. JEFFORDS] proposes an amendment numbered 38. great time for us to be speaking in the the obligation now—the States do; I In the language proposed to be context of all issues related to edu- think the Federal Government as stricken by amendment No. 31, at the cation—certainly, increasing our well—to pay for health care costs relat- appropriate place insert the following: teachers and making sure that we have ed to special education children. That the proper infrastructure. is a great expansion of the present situ- SEC. . PUBLIC NOTICE AND COMMENT. The Secretary of Education shall prescribe We all have our particular areas in ation. requirements on how States will provide for education of great importance, and cer- This is not a mandate, as someone public comments and notice. tainly, we all represent different areas called it, of the Federal Government. Mr. JEFFORDS. Mr. President, I in the country that have specific needs. This is a constitutional requirement. move to table the amendment. But we must ensure that as we discuss Any State that offers free education Mr. President, I ask for the yeas and any legislation to repair our edu- must offer the free and appropriate nays. cational infrastructure, our school education to special education chil- The PRESIDING OFFICER. Is there a buildings, and classrooms, that we re- dren. Thus, this is a constitutional re- sufficient second? member the needs of rural areas as well quirement which we agreed to pay 40 There is not a sufficient second. as urban areas. percent. We must also do our best to equip all Now, what our goal is—the Repub- Mr. JEFFORDS. Mr. President, I sug- classrooms with the proper wiring and lican goal—we have increased the fund- gest the absence of a quorum. equipment so all of our children can ing by some 85 percent over the last 3 The PRESIDING OFFICER. The ride the information highway, not just years. That was all done by Repub- clerk will call the roll. licans for the purpose of trying to get The legislative clerk proceeded to those in urban areas. When I served in us closer to that 40 percent that we call the roll. the House of Representatives, I worked agreed to do back in 1976. Mr. JEFFORDS. Mr. President, I ask on the telecommunications conference, I want to make that clear as we try unanimous consent that the order for and I recognized how absolutely vital it to move forward on this bill. I know the quorum call be rescinded. was for us in rural America to have an there are a number of amendments The PRESIDING OFFICER. Without interest ramp onto that information that have been put forward contrary to objection, it is so ordered. highway. my feeling that we should not be Mr. JEFFORDS. Mr. President, I ask Let’s not overlook the importance of amending the Elementary and Second- for the yeas and nays. parental involvement in our edu- ary Education Act until such time as The PRESIDING OFFICER. Is there a cational reform discussions here. When we have held the appropriate hearings, sufficient second? parents read with children each night and that we should only concentrate on There is a sufficient second. and help them with their homework, the Ed-Flex bill to free the Governors The yeas and nays were ordered. they reinforce what their children have of the kind of complications they have Mr. JEFFORDS. Mr. President, I ask learned during the day. This is so to- now with respect to trying to get unanimous consent that the Senator tally appropriate, not only that we are through the maze of regulations, in from Arkansas be allowed to speak and talking again about the flexibility we order to free up flexibility to help more that the vote occur at 5:15. can provide States and districts but of of their communities with the limited The PRESIDING OFFICER (Mr. every aspect of education. And if we funds they have. SMITH of Oregon). Is there objection? spend the first 2 months of this session Hopefully, we will be offering an Without objection, it is so ordered. talking about education and reinvest- amendment in the not-too-distant fu- The Senator from Arkansas is recog- ing in our children, it is certainly ture that will assist in moving toward nized. worth it. improving the Ed-Flex bill, so that we Mrs. LINCOLN. Mr. President, I am Teachers will certainly have greater can bring it to an end and be able to delighted to be here today to speak on success in the classroom if parents are pass it out in an expeditious way to behalf of one of the issues that I think doing their part as well. We have a help the States be able to handle the is the most important to our Nation. great example in northwest Arkansas problems from which they are suffer- The great philosopher Edmund Burke of a family night constructed by a ing. once said, ‘‘Education is the cheap de- school district to help bring together I am hopeful Members will under- fense of nations.’’ So I think it is ap- fellowship in that school area with par- stand. I hope my friends on the other propriate that we have moved on to ents, local businesses, superintendents, side of the aisle will not try to take ad- education after last week’s discussions principals, administration, teachers vantage of this opportunity to pre- about military spending. I tend to and students to come together in fel- maturely amend the Elementary and maybe disagree with some of my col- lowship and understand their school Secondary Education Act. I hope they leagues over there. I do think this is a community and how important that will wait until the hearings are fin- very important issue to be discussing school community is to the overall ished, and until such time as we have right now in the context of all of the community. an orderly process, to delineate what different things we can be doing on be- My sister and many of my other rel- the new Elementary and Secondary half of our children, which I do think atives are teachers. They have talked Education Act should contain. are our greatest resource. to me about the importance of getting S2266 CONGRESSIONAL RECORD — SENATE March 4, 1999 our children ready to learn. When you Let’s reverse the unfortunate road that we see out there. I am dedicated have a classroom of 5-, 6- and 7-year- and trend of fewer young adults pursu- to making sure that all of our children olds who come in and are hungry or ing a career in education. Let us work of this Nation receive that help. scared or they are sick, they can’t pos- towards giving teachers the incentive Mr. KENNEDY. Generally speaking, sibly learn. School nutrition is abso- not only in pay but in stronger class- we understand from the various Gen- lutely vital to our children if they are rooms, smaller sizes, and a better capa- eral Accounting Office reports that going to be able to learn, to take on bility of reward in what it is that they there is about $125 billion worth of the tools they are going to need to be are there to do, and that is to teach our needs for our schools, K through 12, to competitive. It is absolutely essential. children. bring the buildings and facilities up to I have met with teachers who have told I thank my colleague for bringing safety standards and to meet other me for years they could do their jobs this issue up. I am very supportive and kinds of codes. In many different com- better if they also weren’t subbing as have been an original cosponsor of Ed- munities, whether it is urban or, as the psychologists, doctors, and disciplinar- Flexibility. But, more importantly, I Senator pointed out, rural, there are ians. think it is extremely appropriate for us not sufficient resources to help. Those There is so much we can do. We can to be discussing these issues of edu- communities can help somewhat. The fill our time and our debate here with cation. I hope we will continue this dis- State can help somewhat. But they are investing in that great resource of our cussion and continue to improve this looking for a partner. At least I find children. These teachers have also told bill with so many of the opportunities that is true in my own State. We are me one of the most important things that we have before us. going to have an opportunity to ad- we can continue to do is, again, rein- I thank the Chair. dress that particular need, to try to force those nutrition programs in our Mr. KENNEDY. Mr. President, will figure out how we can best partner school districts. I have done some of the Senator be good enough to yield for with the State and local communities that debate in our recent hearing this a question? and work with those in the rural areas week in the Agriculture Committee, Mrs. LINCOLN. I am glad to yield. as well as the urban areas. and I hope we will continue debating Mr. KENNEDY. I want to thank the I want to give assurance to the good what an important role that plays in Senator for her statement and for her Senator that we want to work very this discussion we have here. excellent summation of some of the closely with her as we try to work As we discuss ways to empower challenges that are facing the children through this process. I believe we can teachers and improve teacher quality, of her State, and also across this coun- take some important steps in this Con- let’s try to support our teachers with try. gress in that area. We look forward to resources so they can deal with the The Senator has spoken to the mem- her insight and her assistance in doing troubled children who are in our Na- bers of our Health and Education Com- so. tion’s schools today. Whether children mittee about some of the challenges Mrs. LINCOLN. I appreciate my col- were born with the side effects of crack that exist in the rural areas of her league, although he probably grew up cocaine, or have witnessed domestic vi- State, particularly in terms of ensur- as a city boy, understanding the needs olence at home, or are tempted by oth- ing that those children have access to of us in rural America. It is very im- ers to smoke, these problems affect the types of technologies which are portant to us. We really appreciate it. commonplace in so many of our (Laughter.) their performance in the classroom, Mr. KENNEDY. I accept that defini- and we must be focusing on how to schools—not commonplace enough, but at least are important tools for learn- tion. I have not been described in that eliminate those temptations to our way, but I am glad to be described in children. Reducing class size is the ing—and to make sure that they have teachers who are going to know how to that way. first step toward helping our teachers I thank the good Senator. deal with these issues, both being able use those technologies in ways that Mrs. LINCOLN. I thank the Senator. to get the students’ attention, but might be taught in those schools. I thank the Chair. more importantly, to be the best teach- I know this has been one of the spe- Mr. JEFFORDS. Mr. President, I ask ers they can possibly be. cial areas she has been interested in unanimous consent that the vote be It is important that we move quickly based upon her own visits to a number postponed until 5:20 and that Senator to put 100,000 new teachers into the of the different communities across Ar- BURNS be able to proceed for 5 minutes. classrooms because school districts are kansas. I want to indicate to her that The PRESIDING OFFICER. Without making hiring decisions right now for we look forward to working closely objection, it is so ordered. the fall. That is what makes that issue with her on that issue as well as other Mr. BURNS. Mr. President, I thank important and a part of this legislation issues. It is a matter of very significant my friend from Vermont and my good that we are discussing right now. importance. We welcome the chance, as friend from Massachusetts. It won’t In my own State of Arkansas, like we have talked with her about her con- take me long to make a couple of many of the other States that are rep- cerns about education, to make sure points before we go into the vote, be- resented here, a majority of our teach- that these items are given priority. cause I think everybody wants to wrap ers are beginning to retire. We are los- I thank the Senator. up and get out of here for Thursday ing a large number of our teachers over Mrs. LINCOLN. I appreciate my col- evening. the next few years to retirement, and if league’s concern. I would like to ex- I am pleased to cosponsor and sup- we don’t address the issue of teacher press to him—and I think it is probably port this Ed-Flexibility Act. I want to recruitment right now, we are going to the sentiment of many of the Senators make a couple of points. I want to be in serious trouble in many of our from rural States—having visited with thank our good friend from Tennessee, States. some of my communications workers who a couple of years ago really ele- We will not have the qualified teach- on the technical aspects of what we vated the awareness on the importance ers to be able to teach our children, to need to do in order to bring our schools of this issue. The report that he pre- nurture them in what it is that they and the infrastructure up to the level pared stands to be read by everybody. need to be competitive in the future. where they are actually going to be I don’t know if everyone visits I certainly appeal to my colleagues able to house these wonderful pieces of schools when they go home. But for the that all aspects of education must be technology and computers, that we week that I was home a couple of addressed, and must be addressed as have to bring those buildings up to weeks ago, I had two or three chances quickly as we can, because we cer- standard if we don’t want to create fire to go into some high school assemblies tainly at this point must recognize hazards by overwiring classrooms to and to talk with some teachers. The that this greatest resource of ours, our try to accommodate equipment that we problem they are incurring is that they children, and our future in this Nation are not prepared for in the buildings. teach for a half-day and then they are in jeopardy if we are not doing all We really have to focus on that kind of spend the rest of that day on paper- we can in this debate to provide the investment and infrastructure in our work compliance. best education possible for our chil- classrooms. I have certainly seen it, I think this is a very first step where dren. traveling rural America—the problems teachers and parents and principals can March 4, 1999 CONGRESSIONAL RECORD — SENATE S2267 make some very vital decisions on the helping meet the needs of the local for scarce resources that are provided education they want to give our chil- communities and put the decision back by the Federal Government—in this dren. All 50 States have the ability to with teachers, parents, and, of course, case, the Title I program, which is grant individual school districts waiv- administrators at the local level. about $8 billion that focuses on the ers from selected Federal education re- I thank my friend from Vermont for neediest children in this country. quirements, like title I—there is no yielding the time. There was an effort to give greater lack of support in this body for title I I yield the floor. flexibility to the local communities, of the Elementary and Secondary Edu- The PRESIDING OFFICER. Under consistent with the purpose of the leg- cation Act—and even the Carl D. Per- the previous order, the question is on islation, to try to have a more positive kins Vocational Act and the Applied agreeing to the motion to table the impact in the achievement of the chil- Technology Education Act. amendment. The yeas and nays have dren in this country. When we talk about distance learn- been ordered. This legislation was thought to have ing, nobody has been involved in dis- The clerk will call the roll. been a part of the Elementary and Sec- tance learning longer than I have on The bill clerk called the roll. ondary Education Act. We were going the Commerce Committee, and I think Mr. NICKLES. I announce that the to have an opportunity to consider the Senator from Massachusetts. We Senator from Kentucky Mr. BUNNING those measures together, but it was a work very hard on demonstration units and the Senator from Oklahoma Mr. decision of the majority of the commit- of distance learning. We even did it INHOFE are necessarily absent. tee to vote that out as an early piece of here on the inner cities and worked Mr. REID. I announce that the Sen- legislation. I voted in favor of that very, very hard on two-way interaction ator from North Dakota Mr. DORGAN is process and procedure. And then there between teachers. necessarily absent. We have over in eastern Montana, The result was announced, yeas 54, was the indication by the Majority where we have a lot of dirt between nays 43, as follows: Leader that this measure would be be- light bulbs, schools as far as 200 miles The result was announced—yeas 54, fore the Senate at an early time in this apart with teachers sharing sciences nays 43, as follows: session. and languages in a class. She teaches [Rollcall Vote No. 32 Leg.] We had legislation last week to ad- there and also interacts live with stu- YEAS—54 dress the very important, critical and legitimate needs of our service men dents in three other classrooms. The Abraham Frist McConnell total graduating class of all those Allard Gorton Murkowski and women, to try to give them a fair schools put together will be fewer than Ashcroft Gramm Nickles increase in their pay—particularly 50. Bennett Grams Roberts those individuals who are serving in Bond Grassley Roth Distance education, making those de- Brownback Gregg Santorum harm’s way in many different parts of cisions of using the new technical tools Burns Hagel Sessions the world, but generally for the armed that we have developed, has been one Campbell Hatch Shelby services of this country, in order to great thing to watch. It blossomed. Chafee Helms Smith (NH) make up for the failure to do so at Cochran Hutchinson Smith (OR) Now we are teaching teachers in our Collins Hutchison Snowe other times. We had a good debate on land grant universities how to use Coverdell Jeffords Specter that, and it was voted on. We had 26 those tools. Craig Kyl Stevens different amendments that were ad- Unfortunately, right now many of Crapo Lincoln Thomas DeWine Lott Thompson vanced during that period of time, our Federal education programs are Domenici Lugar Thurmond some of which were accepted and some overloaded with rules and regulations. Enzi Mack Voinovich of which we voted on. But we came to States and local schools waste precious Fitzgerald McCain Warner a conclusion on that particular meas- time and also resources in order to NAYS—43 ure. stay in compliance. It is obvious that Akaka Feingold Lieberman So we started the debate on Ed-Flex. these State and local districts need re- Baucus Feinstein Mikulski I don’t think most of those American lief from the administrative burdens Bayh Graham Moynihan Biden Harkin Murray families who are watching now would that many federally designated edu- Bingaman Hollings Reed really understand exactly what Ed- cation programs put on States, schools, Boxer Inouye Reid Flex is really all about. Nonetheless, it and education administrators. Breaux Johnson Robb might very well provide some benefit We hear a lot about numbers of chil- Bryan Kennedy Rockefeller Byrd Kerrey Sarbanes to some young people in this country, dren in classrooms. I want to tell you, Cleland Kerry Schumer and we were going to move ahead with in our State the numbers are sort of Conrad Kohl Torricelli it. I think most parents would under- going down. The goal of this legislation Daschle Landrieu Wellstone Dodd Lautenberg Wyden stand if their children were in a class- and our goal should be, at the Federal Durbin Leahy room where there were fewer children level, to help States and local school Edwards Levin in the class and a well-qualified teach- districts to provide the best possible NOT VOTING—3 er was interacting with that child and first-class education for our children Bunning Dorgan Inhofe the 17 or 18 other children in that par- that they can. They can’t do it if they ticular classroom, rather than the 30, are burdened with rules and regula- The motion to lay on the table the 32, or 33 children in many classrooms tions and always reading the book on amendment (No. 38) was agreed to. across this country. I think parents compliance. This is one big step toward Mr. JEFFORDS. Mr. President, I sug- would understand the advantages of taking care of that. gest the absence of a quorum. moving toward smaller classes. I compliment my friend from Ver- The PRESIDING OFFICER (Mr. BEN- mont on his work in education and his NETT). The clerk will call the roll. I think the overwhelming majority of dedication to it, because we will prob- The legislative clerk proceeded to Americans would favor that action, ably not take up any other piece of leg- call the roll. and we have an excellent proposal to do islation that will have as much impact Mr. KENNEDY. Mr. President, I ask that, which was accepted by Repub- on local neighborhoods, on our taxing unanimous consent that the order for licans and Democrats in the final hours districts, and also the attitude of edu- the quorum call be rescinded. of the session last year prior to the cators at the local level. The PRESIDING OFFICER. Without election. And now we have many of This is one giant step in the forward objection, it is so ordered. those communities that are asking, direction. It won’t fix all of the prob- Mr. KENNEDY. Mr. President, it is ‘‘Well, should we just hire a teacher if lems. It won’t fix them all, because we now 6:10 p.m. on a Thursday evening, we are only going to have a teacher for can’t fix them all. But I think it places and we have had this Ed-Flex legisla- 1 year? Let us know, Congress of the the trust back in the people that the tion before the Senate since yesterday. United States. You didn’t do the whole Federal Government, yes, does play a The Ed-Flex proposal would permit job last year in authorizing it for the role. We want to play a role. But we States and local communities to have complete 6 years. Let us know whether want to play a constructive role in greater flexibility with accountability you are going to make the judgment S2268 CONGRESSIONAL RECORD — SENATE March 4, 1999 and decision, as recommended by the a measure that will make a real dif- nancial burdens of educating of chil- President, that we ought to have the ference in terms of families’ lives for dren with special needs. full 6 years.’’ The President of the extended-day programs. That will We have an important responsibility United States, in his budget, has allo- make a difference. It will improve to children with special needs, and the cated resources to be able to do that. quality education and student achieve- States have an obligation under their The communities want to know. ment. own constitutions to educate every Senator MURRAY has an excellent We were prepared to move ahead with child. amendment to deal with that issue. I that particular debate. But that, evi- We did make the commitment back don’t know about my other colleagues, dently, will not be the case. We had a in 1975 that we would establish a goal but I know that in my own State of good opportunity and a good record to of 40 percent federal funding, and we Massachusetts, communities want to explore and to engage those that would have failed to do so. have an answer to that particular ques- differ with us. We have the amendment I believe very strongly that we tion. And we are prepared to move that our colleagues are familiar with should support those programs, par- ahead with that debate. We are pre- that was advanced by Senator BINGA- ticularly in light of yesterday’s Su- pared to have a full discussion on the MAN, REID and others, that brought preme Court decision that will permit floor of the U.S. Senate. We were pre- special focus and attention on the children with special needs to continue pared to do that yesterday. We are pre- problems of school dropouts. Sure, we their education. It will be supported by pared to do it tonight. We are prepared have a lot of dropout programs. But the local communities as well. That to do it tomorrow or Monday, or at any this program was very innovative in will add some certainty for those chil- time. It is of critical importance, and terms of the evaluation of that, and dren, so they will be able to continue it is the kind of business that we was successful in implementing a pro- their education. should be dealing with in terms of edu- gram that can make a difference. That is the most important and sig- cation. I commend those Senators for the nificant aspect of the program. But Families can understand smaller work they have done on it. In the past, there will be some additional financial class size. Families can understand, as that amendment was accepted over- responsibilities. This is an area of na- well, the importance of the develop- whelmingly by this body. That could tional concern, because all of us under- ment of afterschool programs. I re- make a difference to children that are stand that our participation in the edu- ferred, earlier in the debate, to the ex- in school now, today and tomorrow. We cation process is limited and targeted cellent review that has been made by were prepared to debate that program, to special priorities. We have made dis- independent reviewers on the value of but we have been unable to bring that advantaged children and the neediest the Title I programs, and there were a to resolution. children in our country a priority. Cer- number of recommendations in there. As the good Senator, Senator BINGA- tainly those with special needs ought They noted that we have made some MAN, pointed out, some 500,000 children to be a national priority as well. We important progress in the past few drop out of school before graduating ought to be willing to help children, re- years in targeting the Title I programs from high school each year. There are gardless of what community they live more precisely, as we did in the last re- important reasons for that. There have in, and regardless of what their needs authorization legislation. But we also been successful programs to try to cor- may be. know of the importance of the after- rect that. But this was a worthwhile ef- Mr. President, these are some of the school programs. fort to bring the authorization of fund- items that we are talking about. I I will mention this report, the eval- ing for that particular program. think most families in our country uation of promising results, continuing My colleague and friend from Massa- could make up their mind pretty easily challenges, of the national assessment. chusetts, Senator KERRY, had a modest about the kind of priorities that we This is about Title I from the Depart- program to provide additional help, as- should be considering. I think the over- ment of Education, 1999, and was just sistance and training to principals to whelming majority of Americans would released. One of the findings shows help them deal with some of the more feel support for the programs I have that in a recent study of elementary complex issues that they face. And begun to outline. schools in Maryland, the most success- that is a very, very worthwhile amend- Let me point out that they are very ful schools were seeing consistent aca- ment. modest and important programs, with demic gains as a result of extended-day Our good friend from North Dakota, demonstrated effectiveness. Certainly programs. Afterschool programs are ex- Senator DORGAN, and others had a pro- we are able to do so and support those tended-day programs. And there are gram to have a report card on various programs. Many of them, as I men- others, such as programs that extend schools so that parents would have bet- tioned earlier, have already been tar- into the weekend and summer pro- ter information about how the schools geted for support by the President in grams that continue the education dur- were doing. his budget—financial support has been ing the summer months. There were others, but not many oth- there. There are a number of different ways ers. I haven’t gotten the complete list Mr. President, we find ourselves in that local communities have been im- at this time, but there are a few others. the situation on Thursday evening plementing afterschool programs. Last But on each and every one of those, where effectively by the rules of the year, we had some $40 million in appro- Senator DASCHLE was prepared to rec- Senate are not going to be debating priations for afterschool programs, and ommend to all of us that we move these issues tomorrow, we will not be there were $500 million worth of appli- ahead with short time limitations. As debating these issues on Monday, and cations for those programs coming far as I was concerned, we would have at 5 o’clock the Senate will vote from local communities. The President been able, at least from our side, to whether or not we are going to exclude has raised his appropriation up to $600 have concluded the consideration this all possibility of considering those million to reach out to one million measure by Tuesday of next week. We amendments on this particular meas- children in the country and provide were glad to try to accommodate the ure. We will not spend the time tomor- afterschool programs. We have an ex- interests of the majority in working row, which we certainly could, in de- cellent amendment by our friend and out the time limits of these particular bating and considering these issues. We colleague from California, Senator measures, and even the order of them. will not do it on Monday. And we will BOXER, and also one from Senator We assume that there may be amend- delay the eventual outcome of consid- DODD in that particular area—one ments to be offered by the other side, eration of these measures to a future would be based upon the schools, and including the very important amend- day. the other would be based upon non- ment that was brought to our atten- We heard earlier today, around noon- profits. They are somewhat different tion with regards to IDEA and children time, that those that are supporting approaches, but I think they both have with special needs. That amendment the measure of Senator BINGAMAN were very substantial merit. would provide additional help and as- actually filibustering the legislation. Nonetheless, Mr. President, we have sistance to local communities, through This is after a day and a half of consid- the opportunity to vote and debate on IDEA, to offset some of the serious fi- ering the amendments to the Ed-Flex March 4, 1999 CONGRESSIONAL RECORD — SENATE S2269 legislation. We had indicated at that to get some extra help in the course of don’t want to vote on it. It is painful to time that we were prepared to accept— the afternoon—maybe getting their vote on them.’’ That is, unfortunately, at least Senator BINGAMAN was—the homework done instead of watching what this business is about. It is about amendment and move ahead. television or engaging in other kinds of choices and priorities, to a great ex- It reminds me of where we were at unhealthy behavior—so when the par- tent. We have every intention of pursu- the end of the last session where we ents return home, the child can spend ing these issues. We are not going to be were effectively denied any oppor- some quality time with those parents denied. I believe we will not have clo- tunity to bring up the patients’ bill of and the parents don’t have to say, ture on Monday. It will be up to them, rights, which American families were ‘‘You have been watching television all then, whether we are to deal with these so strongly in support of. We were de- afternoon. Get upstairs and get your issues in the timely and reasonable nied the opportunity for fair consider- homework done.’’ These are issues way which we are prepared to do. But if ation and debate on it. We were denied about which families care very deeply. that is not the case, I just want to the opportunity to consider an increase Sure, we have a full agenda on many make certain everyone in here knows— in the minimum wage for working fam- matters—on Social Security, but So- I know this from speaking to our col- ilies in spite of the extraordinary cial Security reform is not ready for leagues who have worked so hard in so progress that we have had—economic debate; on issues dealing with Medi- many of these different areas—that we prosperity which so many have partici- care, but Medicare is not ready for Sen- are going to be quite prepared to ad- pated in, but not those at the lowest ate consideration either. Sure, we have vance these frequently, on each and end of the economic ladder. We were important responsibilities in trying to every opportunity that will present prepared to refute the case that a mod- get a Patients’ Bill of Rights, but we itself. est increase in the minimum wage is are attempting to work that out I thank the Chair. going to mean lost jobs or is going to through the committee process and The PRESIDING OFFICER. The Sen- add to the inflation in this country, ri- hopefully will have an opportunity to ator from Vermont. diculous claims by those that were try- address that in the next several weeks. Mr. JEFFORDS. Mr. President, I will ing to stop any increase in the mini- Yes, we have important responsibilities not resist the opportunity to make a mum wage. in protecting the privacy of individuals few comments about what we have We will have an opportunity to con- regarding to medical records, but that been doing here today. Both sides are sider a minimum wage increase. I must legislation is not ready to be consid- very much interested in improving edu- say that the responses that Speaker ered. cation. I don’t think the enthusiasm of HASTERT has given on the consider- I really challenge the leadership on one side is outweighed by that of the ation of the minimum wage has given the other side to indicate to the Mem- other side, or vice versa. But the ques- us some reason to hope that we will bers what is on the possible agenda tion of how to do it at this particular have an opportunity to debate and to here that is more important for our at- moment is the question with which we act on increasing the minimum wage. tention, effort and debate than the are faced. But we were denied that chance in the issue of the education of the young This side believes very strongly that last Congress, as we were denied the people of this country. There is noth- we need to ensure when we vote for opportunity to act on a patients’ bill of ing. That is why this course of action, new programs, when we vote billions of rights. of effectively denying the debate and dollars for the existing programs, we Some of us have come to the conclu- for the Senate to work its will in these ought to know whether or not they are sion that the only way we can get a very important areas, is so unaccept- working. Our system is set up in a very vote is if we offer an amendment that able—unacceptable. logical way. Every 5 years we take a the majority agrees with. That seems We want to make sure that those look at programs, and we reauthorize to be the rule. We are denied the oppor- families understand. You might be the Elementary and Secondary Edu- tunity on this side to bring these mat- able, although I don’t think they will cation Act, which is up this year. It is ters up and have a full debate. I quite be able, to have cloture, in effect deny- the most important piece of education frankly don’t understand why this ing Members the opportunity to con- legislation we have. It is not something should be so. The American people sider those particular amendments on which should be ignored, saying, ‘‘We want action in the field of education. I Monday. But you are not going to don’t need any hearings. We don’t need believe they want partnership—a Fed- make this battle go away, because to worry about anything. We know the eral partnership with the State and those amendments are going to be of- answers already.’’ with the local communities. They un- fered on other pieces of legislation— Let’s examine where the ‘‘already’’ derstand the primacy of the local con- they make too much of a difference to is, and what has happened. We had no- trol on education, and they understand families. They are not going to go tice in 1983 that we had a terrible edu- the importance of State help and as- away. It is the early part of this ses- cational crisis in this country. The Na- sistance to many different commu- sion. We are not in the final hours tion at Risk report came out during nities. And they value the limited but when you are able to jimmy the rules the Reagan administration. The Gov- important targeting that is given by in order to deny the opportunity for ernors got together in 1988, and they some of the Federal programs. people to bring these matters up. You formulated the goals that we ought to But they want to have the participa- cannot do that now. We are going to in- be meeting. Here it is in 1999—and I sit tion of all of us in a partnership to try sist that we have this debate and dis- on the Goals Panel—and there is no to help families. They have heard the cussion, and have the Senate work its evidence that we have made any im- various philosophical and ideological will. provement in anything that is measur- debates. They want action. They want I thank our colleagues today who able. well-qualified teachers in every class- have been willing to participate in this So why would we go racing out to room. They want classrooms where effort and have spent close to 3 hours fund programs about which we have children can learn. They want to make or so in quorum calls during the course had no hearings at this time? That is sure they are going to have the kinds of the day when we could have been de- neither an appropriate nor a logical of technology in those classrooms bating these issues. I hope we will not way to proceed. What do we know? We which will permit children going to hear anymore from the other side know a couple of things. First of all, public school to compete with any about filibustering by amendment, be- we know from the experiences we have young person going to school in any cause there are too many who have had with the experimental programs in part of the country. They want their waited too long to try to at least get a six, and then twelve, States that more teachers’ skills upgraded so they can result here in the U.S. Senate on some flexibility in existing program regula- integrate those skills into the curricu- of these issues. tions will enable States to more effi- lum with additional training. I know, finally, that it is painful, evi- ciently and effectively use that money. They want afterschool programs, be- dently, for some of our colleagues to All of the Governors say, ‘‘Please, help cause they know that it makes a dif- vote on some of these matters. We us and release us from the growing vol- ference to give a child the opportunity heard a lot of that this afternoon, ‘‘We ume of burdensome regulation.’’ That S2270 CONGRESSIONAL RECORD — SENATE March 4, 1999 is all we are trying to do. It is some- tary and secondary education, and we Mr. LOTT. Mr. President, I ask unan- thing we can do quickly, now, and get do not know if they are working. As far imous consent that the order for the action immediately. as we can tell, little or nothing is quorum call be rescinded. Second, where is the greatest need working. So we have to get in there The PRESIDING OFFICER. Without for resources right now in this coun- and make a careful examination of objection, it is so ordered. try? It is at the local level. The pro- these programs. That is what we The majority leader. grams that are being discussed are should be doing—and what we are Mr. LOTT. Mr. President, for the in- dealing with matters which are pri- doing—through the reauthorization formation of all Senators, the Senate marily being addressed at the local process. We have already had hearings has now been debating the pending edu- level. But where Federal support is to find out what is working, what is cation flexibility bill for approxi- needed most is where we promised it not working, and why is it not work- mately a day and a half. There has would be provided back in 1975–76 when ing. We will have further hearings to been some good debate. A number of we passed the bill to open up vistas for explore these issues. I cannot even tell Senators have been able to speak on children with disabilities so they had now, from reading reports, from re- behalf of this very important biparti- an opportunity for the kind of edu- search, or anything, what impact this san legislation that is supported by the cation which was appropriate for them. money is having. Before we start new President and supported by the biparti- We guaranteed—quote-unquote, I sup- programs with large sums of money, we san National Governors’ Association. I pose, from a Federal perspective—that ought to at least know whether the am pleased that we have it up early in we would provide 40 percent of that ones we are supporting now are work- this session, and I am pleased that we funding. Yesterday’s Supreme Court ing. We simply cannot go charging off made some progress. case has greatly, incredibly worsened to try to grab scarce resources to fund But while progress has been made on that situation by requiring that not programs that are not effective. this vital piece of legislation, I am be- only do we have to provide an appro- We in no way are trying to hold ginning to sense now that there is a priate education at the State level, but things back. We want to give help im- feeling of gridlock on the part of our also that somebody has to provide the mediately to the States in order to Democratic colleagues, if they are not health care to ensure that when that loosen up existing resources to help the successful in offering nongermane child is in school, he or she receives the local communities improve their amendments or if they are not able to best health care to enhance their edu- schools. offer them in the way they would like cation. I really get a little bit excited when to. I hope this is not true. Where is that burden going to be? the claim is made that we are trying to I know there is a genuine effort on Right now it has just been placed right stop things from happening, when our both sides of the aisle to work through at the local level, where it remains if whole purpose here is to try to make a way we can get to completion of this we do not do something about that as available to all 50 States the oppor- legislation in a reasonable time next soon as possible. What we have been tunity to improve their ability to de- week, so that we can move on to the saying today, and what we have been liver quality education. Then, we must next bill that will be considered, in- dedicated to as Republicans for the last have the hearings we need so we can go cluding the emergency appropriations 3 years, is that we must ensure that forward responsibly in reviewing Fed- supplemental bill which was, I believe, those communities that are trying to eral efforts in elementary and second- reported out of the Committee on Ap- provide educational opportunity for ary education in their totality and do propriations this afternoon. children with disabilities have money what our job is supposed to be. CLOTURE MOTION enough, as promised to them by the Some examples: The program which Mr. LOTT. Mr. President, in order to Federal Government, to enable them to has been mentioned with respect to assure prompt passage of the bill, I now meet those needs. afterschool activities is one which I au- send a cloture motion to the desk. It would take $11 billion to raise that thored in 1994 and which was enacted as The PRESIDING OFFICER. The clo- level now to what we promised back in part of the Elementary and Secondary ture motion having been presented 1976. What we are saying is, before we Education Act reauthorization bill under rule XXII, the Chair directs the go off into untried programs which that year. That program—21st Century clerk to read the motion. have not even had hearings, we ought Schools—already exists. The President The legislative clerk read as follows: to provide that money immediately or has embraced it as his own. He now CLOTURE MOTION make it available for the process of ap- thinks it is a great initiative, after pre- propriations immediately. So, we will We the undersigned Senators, in ac- viously refusing to put any money in it take the money that is in these pro- cordance with the provisions of Rule at all. I am happy that that program is grams that are untried—the authoriza- XXII of the Standing Rules of the Sen- now funded and is likely to receive fur- tions—and say: Give it to where it is ate, do hereby move to bring to a close ther funding increases. I am also aware really needed, to the local governments debate on amendment No. 31 to Cal- that the President would like to see and the States so they can provide an endar No. 12, S. 280, the Education changes in the program, but this is not education for the young people, all of Flexibility Partnership bill: the time to try to suddenly put them the young people, which they cannot TRENT LOTT, JIM JEFFORDS, JOHN H. in place. We need to go through the do by themselves because the demands CHAFEE, ROBERT SMITH, THAD COCHRAN, regular authorization process. I am are so high and because we have failed ARLEN SPECTER, SLADE GORTON, MITCH anxious to do just that, but I want to to provide to them the $11 billion they MCCONNELL, RICHARD SHELBY, BILL do it right. are entitled to under our promise. FRIST, LARRY E. CRAIG, JON KYL, PAUL So I implore, my good friends on the We are just trying to proceed in an COVERDELL, GORDON SMITH, PETER G. other side, we are not trying to in any orderly fashion. I hope that we have an FITZGERALD, and JUDD GREGG. way hold anything up. What we are opportunity, even tomorrow, to move CALL OF THE ROLL trying to do is to get a straightforward this bill forward. We can pass it tomor- Mr. LOTT. Mr. President, I ask unan- bill passed which will immediately help row. Then, let us put all our effort into imous consent that the mandatory the States to maximize their resources. hearings on elementary and secondary quorum under rule XXII be waived. That’s what we want to do. Instead, education so that when we do things, The PRESIDING OFFICER. Without rather than being able to take this we know what we are going to do, and objection, it is so ordered. small step forward, we are having to go hopefully we will find some things that Mr. LOTT. Under rule XXII, this clo- through this whole process of being will work. ture vote will occur then on Monday, asked to adopt all these programs Mr. President, I suggest the absence March 8. I ask unanimous consent that about which we have no evidence of a quorum. the cloture vote occur at 5 p.m. on whether or not they will work. The PRESIDING OFFICER. The Monday and that there be 1 hour prior The Department of Education now is clerk will call the roll. to the vote to be equally divided be- spending, I think, $15 billion under The legislative clerk proceeded to tween Senators JEFFORDS and KENNEDY Federal programs supporting elemen- call the roll. for debate only. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2271 Mr. KENNEDY. Reserving the right local residential home in Brandon, Mis- In fact, the Constitution requires to object, will the leader ask for 2 sissippi, for disabled persons to live that ‘‘each house of Congress shall hours equally divided? Is that agree- when their parents have passed away. keep a journal of its proceedings, and able? The Mustard Seed teaches ‘‘life skills’’ from time to time . . . publish the Mr. LOTT. I think that is fine, Mr. so the disabled can be what they want same.’’ The Journal is the highest au- President. I amend my request to that most, independent and productive indi- thority on actions taken by the Senate effect, with the time equally divided. viduals. and can only be changed by a majority The PRESIDING OFFICER. Without She was also the driving force behind vote or by unanimous consent. Bill was objection, it is so ordered. ‘‘Calvary Care,’’ a program that pro- responsible for recording the minutes Mr. LOTT. Again, I hope progress can vides all-day activities for the phys- of the Senate’s legislative proceedings be made on the bill. There have been ically and mentally challenged in a for publication as the annual Senate some proposals going back and forth, safe and loving environment. Partici- Journal. He always undertook this re- and we will continue to work on those, pants are taken on field trips to such sponsibility with great professional hopefully later on tonight. Tomorrow places as the zoo or the museum. They diligence and attention to detail. morning, Friday, when we are in ses- also have an opportunity to share fun In total, Bill gave 35 years of service sion, there will be a recorded vote, and fellowship, to experience the small to the Senate, more than 20 of those in hopefully by 10:30 a.m., and we will things in life that many of us take for the Office of the Journal Clerk. We all then give the Members a report on granted. This program also helps par- owe a debt of gratitude to Bill for his what action, perhaps, has been agreed ents and other loved ones gain some faithful and dedicated service, and wish to beyond that. much-needed time for themselves. him well in his retirement. I know Members from both sides of ‘‘Calvary Care’’ attracts families from f the aisle will be working on this. If as far as 100 miles away because there progress is not made, then we will go is no similar program. THE VERY BAD DEBT BOXSCORE forward with cloture. If something can ‘‘Lady Talk,’’ another of Miss Ruby’s Mr. HELMS. Mr. President, at the be worked out—and I think it can; I successful programs, is aimed at close of business yesterday, Wednes- hope it will be—then certainly we can women who have little or no contact day, March 3, 1999, the federal debt take action to vitiate this cloture vote. with the outside world. Many of its stood at $5,653,396,336,274.78 (Five tril- f participants are former residents of lion, six hundred fifty-three billion, MORNING BUSINESS mental institutions who have been long three hundred ninety-six million, three forgotten or abandoned by family Mr. LOTT. Mr. President, I ask unan- hundred thirty-six thousand, two hun- members. Miss Ruby takes these dred seventy-four dollars and seventy- imous consent that the Senate proceed women to a church facility for a day to a period for morning business, with eight cents). full of activities and social interaction. One year ago, March 3, 1998, the fed- Members permitted to speak for up to She makes sure that each woman is eral debt stood at $5,528,587,000,000 10 minutes each. well fed and clothed and that each The PRESIDING OFFICER. Without (Five trillion, five hundred twenty- woman has someone to listen to their eight billion, five hundred eighty-seven objection, it is so ordered. needs and problems. f million). As the director of the Sunday school Five years ago, March 3, 1994, the fed- TRIBUTE TO MISS RUBY special education program at Calvary eral debt stood at $4,546,225,000,000 MCGILVRAY BRYANT: AN UN- Baptist Church since 1969, Miss Bryant (Four trillion, five hundred forty-six SUNG AMERICAN HEROINE has ensured that mentally and phys- billion, two hundred twenty-five mil- ically challenged individuals learn the Mr. LOTT. Mr. President, today Miss lion). Bible’s teachings and play an active Ruby McGilvray Bryant of Jackson, Ten years ago, March 3, 1989, the fed- role in the ministry. Here, the children Mississippi, was recognized by the eral debt stood at $2,745,475,000,000 (Two refer to her as ‘‘Sweet Momma.’’ trillion, seven hundred forty-five bil- Mitsubishi USA Foundation and PBS Miss Ruby is an inspiration to us all. Television’s ‘‘To the Contrary’’ as one lion, four hundred seventy-five million) She teaches us that kindness, love, and which reflects a doubling of the debt— of America’s four Unsung Heroines. patience are strong virtues. That self ‘‘Miss Ruby,’’ as she is lovingly an increase of almost $3 trillion— sacrifice is its own reward. That all of $2,907,921,336,274.78 (Two trillion, nine called, has served her Mississippi com- us, regardless of our abilities, are God’s munity for the better part of three dec- hundred seven billion, nine hundred children and deserve respect and dig- twenty-one million, three hundred ades. She has been instrumental in cre- nity. Most importantly, Miss Ruby is a thirty-six thousand, two hundred sev- ating a number of programs to help shining example of how one person enty-four dollars and seventy-eight physically and mentally challenged truly can make a positive difference in cents) during the past 10 years. children and adults. the life of so many others. It all started thirty years ago when Miss Ruby is a heroine for Mississippi f Miss Ruby looked for a way to give dis- and heroine for America—for every- MESSAGES FROM THE HOUSE abled children and adults a camp expe- thing she has accomplished on behalf of At 1:59 p.m., a message from the rience similar to the one other campers the disabled and everything she will were enjoying. Working with the Mis- House of Representatives, delivered by continue to do. Mr. Hanrahan, one of its reading sissippi State Park system, she created I ask my colleagues to join me in clerks, announced that the House has a one-week summer camp program full paying special tribute to Miss Ruby passed the following bills, in which it of activities including a beauty pag- McGilvray Bryant for her thirty years requests the concurrence of the Senate: eant where everyone wins—everyone of dedicated service to the physically gets his or her moment in the spot- and mentally challenged, and their H.R. 603. An act to amend title 49, United light. With the help of Dream Catchers, families, and for being recognized as an States Code, to clarify the application of the a volunteer organization serving the act popularly known as the ‘‘Death on the Unsung American Heroine. High Seas Act’’ to aviation incidents. disabled, campers also get to experi- f H.R. 661. An act to direct the Secretary of ence the thrill of horseback riding. Transportation to prohibit the commercial Miss Ruby even went the extra mile by APPRECIATION FOR THE SENATE operation of supersonic transport category helping to raise the money needed to SERVICE OF WILLIAM J. LACKEY aircraft that do not comply with stage 3 send a number of children and adults to Mr. DASCHLE. Mr. President, the noise levels if the European Union adopts this special camp. However, her efforts Senate recently bid farewell to a long- certain aircraft noise regulations. did not stop there. She also organized a time employee, William J. Lackey, H.R. 707. An act to amend the Robert T. who retired from the position of Jour- Stafford Disaster Relief and Emergency As- number of other activities throughout sistance Act to authorize a program for the year such as hayrides and ban- nal Clerk. Bill was a familiar presence predisaster, to streamline the administra- quets. on the Senate dais, faithfully and accu- tion of disaster relief, to control the Federal Miss Ruby also fostered the develop- rately recording the daily proceedings costs of disaster assistance, and for other ment of the ‘‘the Mustard Seed,’’ a of the Senate. purposes. S2272 CONGRESSIONAL RECORD — SENATE March 4, 1999 The message also announced that the Agency, transmitting, pursuant to law, the EC–2024. A communication from the Assist- House has agreed to the following con- report of a rule entitled ‘‘Pharmaceutical ant Secretary for Legislative Affairs, De- current resolution, in which it requests Manufacturing Category Effluent Limita- partment of State, transmitting, pursuant to the concurrence of the Senate: tions Guidelines, Pretreatment Standards, law, a report on the President’s determina- and New Source Performance Standards; tion regarding certification of the 28 major H. Con. Res. 40. Concurrent resolution hon- Final Rule’’ (FRL6304–8) received on Feb- illicit narcotics producing and transit coun- oring Morris King Udall, former United ruary 25, 1999; to the Committee on Environ- tries; to the Committee on Foreign Rela- States Representative from Arizona, and ex- ment and Public Works. tions. tending the condolences of the Congress on EC–2013. A communication from the Sec- EC–2025. A communication from the Assist- his death. retary of the Interior, transmitting, pursu- ant Secretary for Legislative Affairs, De- ant to law, a report under the Federal Va- The message further announced that partment of State, transmitting, pursuant to pursuant to section 103 of Public Law cancies Reform Act regarding the position of Special Trustee for American Indians; to the law, a report on the Department’s annual re- 99–371 (20 U.S.C. 4303), the Speaker ap- Committee on Indian Affairs. port entitled ‘‘International Narcotics Con- points the following Member of the EC–2014. A communication from the Sec- trol Strategy Report’’ for 1999; to the Com- House to the Board of Trustees of Gal- retary of Energy, transmitting, pursuant to mittee on Foreign Relations. laudet University: Mr. LAHOOD of Illi- law, a report on a proposed Plan Amendment EC–2026. A communication from the Sec- nois. to allow the Department of Energy to ac- retary of Agriculture, transmitting, pursu- The message also announced that quire oil for the Strategic Petroleum Re- ant to law, the Department’s Management pursuant to section 3 of Public Law 94– serve received on February 11, 1999; to the Report under the Inspector General Act for Committee on Energy and Natural Re- the period from April 1, 1998 through Sep- 304, as amended by section 1 of Public sources. tember 30, 1998; to the Committee on Govern- Law 99–7, the Speaker appoints the fol- EC–2015. A communication from the Sec- mental Affairs. lowing Member of the House to the retary of the Interior, transmitting, pursu- EC–2027. A communication from the Direc- ant to law, a report under the Federal Va- Commission on Security and Coopera- tor of the Office of Administration, Execu- cancies Reform Act regarding the position of tion in Europe: Mr. SMITH of New Jer- tive Office of the President, transmitting, sey, Chairman. Director, Bureau of Land Management; to the Committee on Energy and Natural Re- pursuant to law, the Integrity Act reports The message further announced that sources. for each of the Executive Office of the Presi- pursuant to section 2(a) of the National EC–2016. A communication from the Sec- dent agencies, as required by the Federal Cultural Center Act (20 U.S.C. 76h(a)), retary of Labor, transmitting, pursuant to Managers’ Financial Integrity Act; to the the Speaker appoints the following law, a report under the Federal Vacancies Committee on Governmental Affairs. Member of the House to the Board of Reform Act regarding the position of Assist- EC–2028. A communication from the Presi- Trustees of the John F. Kennedy Cen- ant Secretary of Labor for Policy; to the dent of the James Madison Memorial Fellow- Committee on Health, Education, Labor, and ship Foundation, transmitting, pursuant to ter for the Performing Arts: Mr. POR- Pensions. law, the Foundation’s consolidated annual TER of Illinois. EC–2017. A communication from the Mem- report under the Inspector General Act and The message also announced that bers of the Railroad Retirement Board, the Federal Managers’ Financial Integrity pursuant to section 1505 of Public Law transmitting, a report entitled ‘‘Congres- Act for fiscal year 1998; to the Committee on 99–498 (20 U.S.C. 4412), the Speaker ap- sional Justification of Budget Estimates for Governmental Affairs. points the following Member of the Fiscal Year 2000’’; to the Committee on Health, Education, Labor, and Pensions. EC–2029. A communication from the Execu- House to the Board of Trustees of the EC–2018. A communication from the Office tive Director of the Committee for Purchase Institute of American Indian and Alas- of the Marshal, Supreme Court of the United From People Who are Blind or Severely Dis- ka Native Culture and Arts Develop- States, transmitting, pursuant to law, the abled, transmitting, pursuant to law, a list ment: Mr. YOUNG of Alaska. Marshal’s Annual report on the cost of the of additions to and deletions from the Com- mittee’s Procurement List dated February f protective function provided by the Supreme Court Police to Justices, official guests and 24, 1999; to the Committee on Governmental MEASURES REFERRED employees of the Supreme Court; to the Affairs. The following bills were read the first Committee on the Judiciary. EC–2030. A communication from the Direc- EC–2019. A communication from the Sec- tor of the Office of Personnel Management, and second times by unanimous con- retary of the Federal Trade Commission, transmitting, a report entitled ‘‘Poor Per- sent and referred as indicated: transmitting, pursuant to law, the report of formers in Government: A Quest for the True H.R. 603. An act to amend title 49, United a rule entitled ‘‘Premerger Notification: Re- Story’’; to the Committee on Governmental States Code, to clarify the application of the porting and Waiting Period Requirements’’ Affairs. act popularly known as the ‘‘Death on the received on March 1, 1999; to the Committee on the Judiciary. EC–2031. A communication from the Ad- High Seas Act’’ to aviation incidents; to the ministrator of the Federal Aviation Admin- Committee on Commerce, Science, and EC–2020. A communication from the Chief of the Programs and Legislation Division, istration, transmitting, pursuant to law, the Transportation. Administration’s 1999 Aviation System Cap- H.R. 661. An act to direct the Secretary of Office of Legislative Liaison, Department of the Air Force, transmitting, pursuant to law, ital Investment Plan; to the Committee on Transportation to prohibit the commercial Commerce, Science, and Transportation. operation of supersonic transport category notice of a cost comparison of the Base Oper- aircraft that do not comply with stage 3 ating Support Functions at Dobbins Air Re- EC–2032. A communication from the Direc- noise levels if the European Union adopts serve Base, Georgia; to the Committee on tor of the National Marine Fisheries Service, certain aircraft noise regulations; to the Armed Services. Department of Commerce, transmitting, pur- Committee on Commerce, Science, and EC–2021. A communication from the Under suant to law, the report of a rule entitled Transportation. Secretary of Defense for Acquisition and ‘‘Atlantic Sturgeon Fishery; Moratorium in H.R. 707. An act to amend the Robert T. Technology, transmitting, purusant to law, Exclusive Economic Zone’’ (I.D. 111898B) re- Stafford Disaster Relief and Emergency As- notice of a determination allowing the De- ceived on February 25, 1999; to the Commit- sistance Act to authorize a program for partment of Defense to procure articles con- tee on Commerce, Science, and Transpor- predisaster, to streamline the administra- taining para-aramid fibers and yarns manu- tation. factured in a foreign country; to the Com- tion of disaster relief, to control the Federal EC–2033. A communication from the Direc- costs of disaster assistance, and for other mittee on Armed Services. EC–2022. A communication from the Sec- tor of the National Marine Fisheries Service, purposes; to the Committee on Environment retary of Defense, transmitting, pursuant to Department of Commerce, transmitting, pur- and Public Works. law, the Department’s report on the event- suant to law, the Services’ report on the Ap- f based decision making for the F–22 aircraft portionment of Regional Fishery Manage- ment Council Membership in 1998; to the EXECUTIVE AND OTHER program for fiscal years 1999 and 2000; to the Committee on Armed Services. Committee on Commerce, Science, and COMMUNICATIONS EC–2023. A communication from the Assist- Transportation. The following communications were ant Secretary for Legislative Affairs, De- EC–2034. A communication from the Asso- laid before the Senate, together with partment of State, transmitting, pursuant to ciate Managing Director for Performance accompanying papers, reports, and doc- law, the report of a Presidential Determina- Evaluation and Records Management, Fed- tion to allow for the use of funds from the eral Communications Commission, transmit- uments, which were referred as indi- U.S. Emergency Refugee and Migration As- ting, pursuant to law, the report entitled cated: sistance Fund to meet urgent and unex- ‘‘Private Land Mobile Radio Services’’ EC–2012. A communication from the Direc- pected needs of persons at risk due to the (Docket 97–153) received on February 25, 1999; tor of the Office of Regulatory Management Kosova crisis; to the Committee on Foreign to the Committee on Commerce, Science, and Information, Environmental Protection Relations. and Transportation. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2273 EC–2035. A communication from the Sec- change Commission, transmitting, pursuant eign assistance, for the fiscal year ending retary of Transportation, transmitting, re- to law, the report of a rule entitled ‘‘Publica- September 30, 1999, and for other purposes vised performance goals and corporate man- tion or Submission of Quotations Without (Rept. No. 106–8). agement strategies for the Department’s fis- Specified Information’’ received on March 1, By Mr. HATCH, from the Committee on cal year 1999 Performance Plan; to the Com- 1999; to the Committee on Banking, Housing, the Judiciary, with an amendment in the na- mittee on Commerce, Science, and Transpor- and Urban Affairs. ture of a substitute: tation. EC–2045. A communication from the Sec- S. 249. A bill to provide funding for the Na- EC–2036. A communication from the Direc- retary of the Securities and Exchange Com- tional Center for Missing and Exploited Chil- tor of the Office of Sustainable Fisheries, mission, transmitting, pursuant to law, the dren, to reauthorize the Runaway and Home- National Marine Fisheries Service, Depart- report of a rule entitled ‘‘Registration of Se- less Youth Act, and for other purposes. ment of Commerce, transmitting, pursuant curities on Form S–8’’ (RIN3235–AG94) re- f to law, the report of a rule entitled ‘‘Fish- ceived on March 1, 1999; to the Committee on eries of the Exclusive Economic Zone Off Banking, Housing, and Urban Affairs. INTRODUCTION OF BILLS AND Alaska; Trawling in Steller Sea Lion Critical EC–2046. A communication from the Dep- JOINT RESOLUTIONS Habitat in the Central Aleutian District of uty Secretary of the Securities and Ex- The following bills and joint resolu- the Bering Sea and Aleutian Islands’’ (I.D. change Commission, transmitting, pursuant tions were introduced, read the first 021299A) received on February 22, 1999; to the to law, the report of a rule entitled ‘‘Revi- and second time by unanimous con- Committee on Commerce, Science, and sion of Rule 504 of Regulation D, the ‘Seed sent, and referred as indicated: Transportation. Capital’ Exemption’’ (RIN3235–AH35) re- EC–2037. A communication from the Chair- ceived on March 1, 1999; to the Committee on By Mr. ROBERTS (for himself, Mr. man of the Surface Transportation Board, Banking, Housing, and Urban Affairs. KERREY, Mr. CRAIG, Mr. BURNS, Mr. transmitting, pursuant to law, the report of EC–2047. A communication from the Dep- HAGEL, Mr. DASCHLE, Mr. CONRAD, a rule entitled ‘‘Regulations for the Publica- uty Secretary of the Securities and Ex- Mr. BAUCUS, Mr. GRASSLEY, Mr. tion, Posting and filing of Tariffs for the change Commission, transmitting, pursuant JOHNSON, Mr. HARKIN, and Mr. DOR- Transportation of Property by or with a to law, the report of a rule entitled ‘‘Rule GAN): Water Carrier in the Noncontiguous Domes- 701—Exempt Offerings Pursuant to Compen- S. 529. A bill to amend the Federal Crop In- surance Act to improve crop insurance cov- tic Trade’’ received on February 11, 1999; to satory Arrangements’’ (RIN3235–AH21) re- erage, to make structural changes to the the Committee on Commerce, Science, and ceived on March 1, 1999; to the Committee on Federal Crop Insurance Corporation and the Transportation. Banking, Housing, and Urban Affairs. Risk Management Agency, and for other pur- EC–2038. A communication from the Chair- EC–2048. A communication from the Sec- poses; to the Committee on Agriculture, Nu- man of the Surface Transportation Board, retary of the Securities and Exchange Com- trition, and Forestry. transmitting, pursuant to law, the report of mission, transmitting, pursuant to law, a re- By Mr. GORTON (for himself and Mr. a rule entitled ‘‘Regulations Governing Fees port entitled ‘‘Frequently Asked Questions SMITH of Oregon): for Services Performed in Connection With About the Statement of the Commission Re- Licensing and Related Services—1999 Up- S. 530. A bill to amend the Act commonly garding Disclosure of the Year 2000 Issues known as the ‘‘Export Apple and Pear Act’’ date’’ received on February 17, 1999; to the and Consequences to Public Companies’’; to Committee on Commerce, Science, and to limit the applicability of that Act to ap- the Committee on Banking, Housing, and ples; to the Committee on Banking, Housing, Transportation. Urban Affairs. EC–2039. A communication from the Direc- and Urban Affairs. EC–2049. A communication from the Sec- By Mr. ABRAHAM (for himself, Mr. tor of the National Marine Fisheries Service, retary of the Securities and Exchange Com- Department of Commerce, transmitting, pur- SESSIONS, Mr. LEVIN, Mr. KENNEDY, mission, transmitting, pursuant to law, the and Mr. HARKIN): suant to law, the report of a rule entitled report of a rule entitled ‘‘Exemption of the ‘‘Taking of Marine Mammals Incidental to S. 531. A bill to authorize the President to Securities of the Kingdom of Belgium under award a gold medal on behalf of the Congress Commercial Fishing Operations; Pacific Off- the Securities and Exchange Act of 1934 for shore Cetacean Take Reduction Plan Regula- to Rosa Parks in recognition of her contribu- Purposes of Trading Futures Contracts on tions to the Nation; to the Committee on tions; Technical Amendment’’ (RIN0648–AI84) Those Securities’’ (RIN3235–AH46) received Banking, Housing, and Urban Affairs. received on March 1, 1999; to the Committee on March 1, 1999; to the Committee on Bank- By Mrs. FEINSTEIN: on Commerce, Science, and Transportation. ing, Housing, and Urban Affairs. S. 532. A bill to provide increased funding EC–2040. A communication from the Assist- EC–2050. A communication from the Presi- for the Land and Water Conservation Fund ant Secretary for Export Administration, dent and Chief Executive Officer of the Over- and Urban Parks and Recreation Recovery Department of Commerce, transmitting, pur- seas Private Investment Corporation, trans- Programs, to resume the funding of the suant to law, the report of a rule entitled mitting, a draft of proposed legislation to ex- State grants program of the Land and Water ‘‘Revisions and Clarifications to the Export tend the Corporation’s operating authority Conservation Fund, and to provide for the Administration Regulations; Commerce Con- to September 30, 2003; to the Committee on acquisition and development of conservation trol List’’ (RIN0694–AB77) received on Feb- Foreign Relations. and recreation facilities and programs in ruary 25, 1999; to the Committee on Banking, f urban areas, and for other purposes; to the Housing, and Urban Affairs. Committee on Energy and Natural Re- EC–2041. A communication from the Assist- sources. ant to the Board of Governors of the Federal PETITIONS AND MEMORIALS By Mr. ROBB (for himself and Mr. Reserve System, transmitting, pursuant to The following petitions and memori- WARNER): law, the report of a rule entitled ‘‘Risk- als were laid before the Senate and S. 533. A bill to amend the Solid Waste Dis- Based Capital Standards: Construction were referred or ordered to lie on the posal Act to authorize local governments Loans on Presold Residential Properties; table as indicated: and Governors to restrict receipt of out-of- Junior Liens on 1- to 4-Family Residential State municipal solid waste, and for other Properties; and Investments in Mutual POM–19. A resolution adopted by the Board of Chosen Freeholders of the County of Mon- purposes; to the Committee on Environment Funds. Leverage Capital Standards: Tier 1 and Public Works. mouth, New Jersey, relative to Veterans’ Leverage Ratio’’ (Docket R–0947) received on By Mr. TORRICELLI: health care; to the Committee on Veterans’ February 25, 1999; to the Committee on S. 534. A bill to expand the powers of the Affairs. Banking, Housing, and Urban Affairs. Secretary of the Treasury to regulate the EC–2042. A communication from the Assist- POM–20. A resolution adopted by the Texas manufacture, distribution, and sale of fire- ant to the Board of Governors of the Federal and Southwestern Cattle Raisers Association arms and ammunition, and to expand the ju- Reserve System, transmitting, pursuant to relative to animal health; to the Committee risdiction of the Secretary to include fire- law, the report of a rule entitled ‘‘Risk- on Finance. arm products and nonpowder firearms; to the Based Capital Standards: Construction POM–21. A resolution adopted by the Board Committee on the Judiciary. Loans on Presold Residential Properties; of Selectmen, New Ashford, Massachusetts, By Mr. WARNER (for himself and Mr. relative to human rights in East Timor; to Junior Liens on 1- to 4-Family Residential ROBB): Properties; and Investment in Mutual the Committee on Foreign Relations. S. 535. A bill to amend section 49106(c)(6) of Funds’’ (Docket R–0948) received on Feb- f title 49, United States Code, to remove a lim- ruary 25, 1999; to the Committee on Banking, itation on certain funding; to the Committee Housing, and Urban Affairs. REPORTS OF COMMITTEES on Commerce, Science, and Transportation. EC–2043. A communication from the Chair- The following reports of committees By Mr. WARNER: man of the Board of Governors of the Federal S. 536. A bill entitled the ‘‘Wendell H. Ford Reserve System, transmitting, pursuant to were submitted: National Air Transportation System Im- law, the Board’s Monetary Policy Report By Mr. STEVENS, from the Committee on provement Act of 1999’’; to the Committee on dated February 23, 1999; to the Committee on Appropriations, without amendment: Commerce, Science, and Transportation. Banking, Housing, and Urban Affairs. S. 544. An original bill making emergency By Mr. LUGAR: EC–2044. A communication from the Dep- supplemental appropriations and rescissions S. 537. A bill to amend the Internal Reve- uty Secretary of the Securities and Ex- for recovery from natural disasters, and for- nue Code of 1986 to adjust the exemption S2274 CONGRESSIONAL RECORD — SENATE March 4, 1999 amounts used to calculate the individual al- credit for voluntary early action to mitigate STATEMENTS ON INTRODUCED ternative minimum tax for inflation since potential environmental impacts from green- BILLS AND JOINT RESOLUTIONS 1993; to the Committee on Finance. house gas emissions; to the Committee on By Mr. ASHCROFT: Environment and Public Works. By Mr. ROBERTS (for himself, S. 538. A bill to provide for violent and re- By Mr. DEWINE: Mr. KERREY, Mr. CRAIG, Mr. peat juvenile offender accountability, and S. 548. A bill to establish the Fallen Tim- BURNS, Mr. HAGEL, Mr. for other purposes; to the Committee on the bers Battlefield and Fort Miamis National DASCHLE, Mr. CONRAD, and Mr. Judiciary. Historical Site in the State of Ohio; to the BAUCUS): By Mr. BROWNBACK: Committee on Energy and Natural Re- S. 529. A bill to amend the Federal S. 539. A bill to amend the Internal Reve- sources. Crop Insurance Act to improve crop in- nue Code of 1986 to increase the maximum By Mr. MCCAIN: taxable income for the 15 percent rate brack- surance coverage, to make structural et, to replace the Consumer Price Index with S. 549. A bill to redesignate the Coronado changes to the Federal Crop Insurance the national average wage index for purposes National Forest in honor of Morris K. Udall, Corporation and the Risk Management of cost-of-living adjustments, to lessen the a former Member of the House of Representa- Agency, and for other purposes; to the impact of the noncorporate alternative mini- tives; to the Committee on Energy and Natu- Committee on Agriculture, Nutrition, mum tax, and for other purposes; to the ral Resources. and Forestry. By Mr. GORTON: Committee on Finance. CROP INSURANCE FOR THE 21ST CENTURY ACT By Mr. JOHNSON (for himself, Mr. S. 550. A bill to provide for the collection Mr. ROBERTS. Mr. President, I rise of certain State taxes from an individual INHOFE, Mr. CONRAD, Mr. KERRY, Mr. today, along with my colleague, Mr. DASCHLE, Mr. INOUYE, Mr. who is who is not a member of an Indian ERREY WELLSTONE, Mr. SARBANES, Mr. tribe; to the Committee on Indian Affairs. K of Nebraska, to introduce a bill KERREY, Mr. KENNEDY, Mr. DORGAN, By Mrs. FEINSTEIN: that we call the Crop Insurance for the Mr. REID, Mr. BAUCUS, Mr. BRYAN, S. 551. A bill to amend the Internal Reve- 21st Century Act. We believe this bill and Mrs. BOXER): nue Code of 1986 to encourage school con- represents an important step in im- S. 540. A bill to amend the Internal Reve- struction and rehabilitation through the cre- proving the Federal Crop Insurance nue Code of 1986 to provide that housing as- ation of a new class of bond, and for other Program, and in creating greater ac- sistance provided under the Native American purposes; to the Committee on Finance. cess to the risk management tools that Housing Assistance and Self-Determination our farmers and ranchers simply must Act of 1996 be treated for purposes of the low- f have. income housing credit in the same manner as Senator KERREY and I, and many oth- comparable assistance; to the Committee on Finance. SUBMISSION OF CONCURRENT AND ers who are privileged to represent the agriculture community, have long dis- By Ms. COLLINS (for herself, Mr. MUR- SENATE RESOLUTIONS KOWSKI, and Mr. ROBERTS): cussed the need to address reforms to S. 541. A bill to amend title XVIII of the The following concurrent resolutions the Crop Insurance Program. However, Social Security Act to make certain changes and Senate resolutions were read, and the necessary demands from the agri- related to payments for graduate medical referred (or acted upon), as indicated: culture community and the Congress education under the medicare program; to By Mr. GRAHAM (for himself, Mr. to successfully reform this program, in the Committee on Finance. MACK, Mr. TORRICELLI, Mr. HELMS, my personal opinion at least, did not By Mr. ABRAHAM (for himself, Mr. Mr. DEWINE, Mr. ROBB, and Mr. reach a crescendo until last fall when WYDEN, Mr. HATCH, Mr. KERREY, Mr. SMITH of New Hampshire): we approved something called the om- COVERDELL, Mr. DASCHLE, Mr. JEF- FORDS, Mr. LIEBERMAN, Mr. ALLARD, S. Res. 57. A resolution expressing the nibus appropriations bill, and that con- Mr. GORTON, Mr. BURNS, and Mr. sense of the Senate regarding the human tained approximately $6 billion in dis- MCCONNELL): rights situation in Cuba; to the Committee aster assistance for our farmers and S. 542. A bill to amend the Internal Reve- on Foreign Relations. ranchers. nue Code of 1986 to expand the deduction for By Mr. LOTT (for himself and Mr. I am sure, while Republicans and computer donations to schools and allow a DASCHLE): Democrats and individual agricultural tax credit for donated computers; to the S. Res. 58. A resolution relating to the re- groups were unable to agree on the nec- Committee on Finance. tirement of Barry J. Wolk; considered and essary size and scope of the disaster By Ms. SNOWE (for herself, Mr. FRIST, agreed to. package, one thing became abundantly Mr. JEFFORDS, Mr. HAGEL, Ms. COL- By Mr. BROWNBACK (for himself, Mr. clear to all involved—if we had a Crop LINS, Mr. ENZI, and Mr. HUTCHINSON): WELLSTONE, Mr. SMITH of Oregon, Mr. Insurance Program that worked, with- S. 543. A bill to prohibit discrimination on THOMAS, Mr. TORRICELLI, and Mr. the basis of genetic information with respect GRAMS): out question, the situation would not to health insurance; to the Committee on have been so serious. S. Con. Res. 14. A concurrent resolution Health, Education, Labor, and Pensions. congratulating the state of Qatar and its This has been a longstanding effort. I By Mr. STEVENS: citizens for their commitment to democratic can remember well, back in 1978, when S. 544. An original bill making emergency ideals and women’s suffrage on the occasion I was a staff member in the House of supplemental appropriations and rescissions of Qatar’s historic elections of a central mu- Representatives to my predecessor, for recovery from natural disasters, and for- nicipal council on March 8, 1999; to the Com- that was when the Crop Insurance Pro- eign assistance, for the fiscal year ending mittee on Foreign Relations. September 30, 1999, and for other purposes; gram was first established. It has been By Mr. MCCAIN (for himself, Mr. KEN- from the Committee on Appropriations; 20 years, and we still have an obliga- NEDY, Mr. KYL, Mr. FEINGOLD, Mr. placed on the calendar. tion to reform the program and make HAGEL, Mr. LEAHY, Mr. SMITH of Or- By Mr. HOLLINGS (for himself and Mr. sure that it works for all regions, all egon, Mr. LAUTENBERG, Mr. CAMP- ROCKEFELLER) (by request): farmers, all commodities. S. 545. A bill to amend title 49, United BELL, Mr. INOUYE, Ms. SNOWE, Mr. In response to the demands for the LEVIN, Mr. STEVENS, Mr. SARBANES, States Code, to authorize appropriations for improved risk management tools, Sen- Mr. SPECTER, Mr. DODD, Mr. DOMEN- the Federal Aviation Administration for fis- ator KERREY and I committed to pursu- cal years 1999, 2000, 2001, 2002, 2003, and 2004, ICI, Mr. DORGAN, Mr. DEWINE, Mr. KOHL, Mr. COCHRAN, Mr. BINGAMAN, ing major crop insurance reforms in and for other purposes; to the Committee on this Congress. To aid us in this task, Commerce, Science, and Transportation. Mr. ALLARD, Mrs. BOXER, Mr. BEN- By Mr. DORGAN: NETT, Mr. KERREY, Mr. CRAIG, Mr. last November we contacted all of the S. 546. A bill to amend the Internal Reve- REID, Mr. WELLSTONE, Mr. MOYNIHAN, major farm organizations and all of the nue Code of 1986 to allow a deduction for 100 Mr. AKAKA, Mr. DASCHLE, Mr. KERRY, commodity groups, all of the crop in- percent of the health insurance costs of self- Mr. LIEBERMAN, Mr. BAUCUS, Mr. surance companies, all of the agricul- employed individuals; to the Committee on DURBIN, Mr. ROCKEFELLER, Mr. HAR- tural lending groups, and requested Finance. KIN, Mr. SCHUMER, Mrs. FEINSTEIN, their guidance on these issues. We were Mr. WYDEN, Mr. BYRD, Mr. HOLLINGS, By Mr. CHAFEE (for himself, Mr. listening. We wanted to find out their MACK, Mr. LIEBERMAN, Mr. WARNER, Mrs. MURRAY, Mr. TORRICELLI, and Mr. GRAMS): advice in regard to what do we need to Mr. MOYNIHAN, Mr. REID, Mr. JEF- pay attention to, what is the most seri- FORDS, Mr. WYDEN, Mr. BIDEN, Ms. S. Con. Res. 15. A concurrent resolution ous issue that we need to address in the COLLINS, Mr. BAUCUS, and Mr. honoring Morris King Udall, former United VOINOVICH): States Representative from Arizona, and ex- Crop Insurance Program. We received S. 547. A bill to authorize the President to tending the condolences of the Congress on feedback from over 20 of these major enter into agreements to provide regulatory his death; considered and agreed to. organizations. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2275 These comments we received served Here is a suggestion or a part of the I will be the first to admit that re- as a guidepost in developing this legis- bill that will be of interest to Senator forming this program cannot come lation. And, while the comments re- THOMAS—removing the prohibition on without budgetary costs. At the same ceived were wide ranging, there was coverages for livestock. I just indicated time, I can think of no other industry near consensus in several areas. that we had a good visit this morning that faces the number of multiple risks These included as follows: First, the about this very subject. The livestock that must be addressed on an annual need for increased levels of coverage at sector is going through a very difficult basis by those in production agri- affordable prices to all producers. Sec- time in our country today. We need to culture. ond, we need expanded availability of address this problem with regard to in- Congress must not and cannot be revenue-based insurance products. surance and how it would dovetail into forced to pass these ad hoc disaster Third, program changes to address the the livestock industry and give our bills every year. We must give our pro- needs of producers suffering multiple stockmen and our ranchers some pro- ducers the risk management tools that crop failures. Fourth, structural tection. they need. I believe this legislation is changes to the Risk Management In addition, the legislation provides an important first step, and I ask our Agency—the acronym for that is RMA, for major changes in the structure of colleagues to join Senator KERREY and and that is what I will call it from now the RMA, the FCIC, that will allow for myself in this difficult but absolutely on, but it is the Risk Management accelerated product approval and the vital task. Agency—that will allow for increased development of improved crop insur- I yield the remainder of my time to access to new and improved crop insur- ance policies. Many people understand my good friend and colleague, the Sen- ance policies. the Risk Management Agency serves as ator from Nebraska. The PRESIDING OFFICER. The Sen- Senator KERRY and I took these com- a regulator over the crop insurance in- ments to heart, and the legislation we ator from Nebraska. dustry. What many do not know is that Mr. KERREY. Mr. President, I rise are introducing today has been devel- this same outfit, the RMA, also serves today to introduce with Senator ROB- oped in large part by really trying to as a developer for products that are ERTS the Crop Insurance for the 21st work to incorporate these comments then sold in direct competition with into legislative language. Century Act. privately developed products. Thus, the This bill will make crop insurance Our bill inverts this existing subsidy RMA serves as a competitor with the structure. Currently, many producers more affordable, more flexible, and industry it is supposed to regulate. more responsive to the changing needs do not purchase the highest levels of I am aware of no other private indus- coverage because the greatest level of of farmers. try that faces these same hurdles. Sen- That has been our goal from the Government assistance simply occurs ator KERREY and I believe it is time to start, when we asked for help from at the lowest levels of coverage. This change this culture that has often farmers in Nebraska, in Kansas, and often makes the higher levels of cov- served as a roadblock to producer ac- from the many farm, commodity, erage simply unaffordable. It causes cess to new and improved products. Our banking and crop insurance interests many producers to have insufficient legislation will, first, change the struc- that work with producers. They re- coverage, which eventually leads to ture of the FCIC board of directors to sponded with a multitude of ideas, and calls for the ad hoc disaster bills that bring reinsurance and expertise in the those ideas form the basis for this bill. are so expensive. We cannot continue agriculture economy to the board. Sec- The basic structure of the crop insur- to pass a disaster package every year. ond, make the FCIC the overseer of the ance program was set out in 1980, and I tell the Presiding Officer, we were RMA. Third, allow the RMA to con- much of that structure remains in just discussing this in a previous meet- tinue to develop policies for specialty place today. ing, it costs the Federal Government crops and underserved areas. Congress last reformed the crop in- about $1.5 billion on average in regard Fourth, to create an Office of Private surance program in 1994, when we cre- to the disaster bills. They seem to Sector Partnership to serve as a liaison ated new opportunities for private sec- occur on even numbered years. I think between private sector companies and tor delivery of policies and risk shar- the Presiding Officer knows what I am the FCIC board of directors. Fifth, to ing. And our success has been great— talking about. We cannot afford that. more than 181 million acres are en- Therefore, under our legislation, the leave the final approval or disapproval of all policies in the hands of the board. rolled in the program today, up almost highest level of subsidy will occur at 100 million acres since 1993. the 75/100 coverage levels. While the in- And, finally, allow companies to charge a minimal fee on each policy when one But we are now seeing participation version of subsidies will be the most on the decline. That is cause for con- important change for many producers, company decides to sell another com- pany’s product. Hopefully, Mr. Presi- cern. we have included several changes that And last year, we discovered more dent, this will allow the companies to we believe will benefit America’s farm- cause for concern. Farmers in the recover the research and development ers and ranchers. These include, first, northern plains who had been reliable the average production history—that is costs and will encourage the creation buyers of crop insurance found that it called APH in the crop insurance acro- of new policies. was no longer offering much protec- While these steps will not be the an- nym world—APH adjustments for pro- tion, after repeated years of weather- swer to solving all of the problems in ducers that have no production history related disasters. because they are beginning farmers or the Crop Insurance Program, we be- Other farmers across the country they are farming new land or they are lieve they will be an important step. made the seemingly improbable deci- rotating crops. Each year our producers put the seed sion not to buy a 100 percent subsidized Let me add, at this juncture, that is in the ground with great faith and opti- catastrophic policy because they found exceedingly important, because under mism and believe that, with a little it worthless—so worthless they the farm bill that how exists, farmers faith and a little luck and the good wouldn’t spend even $50 for the admin- have a lot more flexibility, and when Lord willing and the creeks not rising, istrative fee. And they then chose not they move to a new crop, obviously, they will produce a crop. But the task to purchase a buy-up policy, either. they ought to be able to simply insure is not easy. Between the multiple risks And of greatest concern was the inev- that crop. of drought and flood and fire and hail itable ad hoc disaster program, which Second, mandating APH adjustments and blizzard and disease and insects Congress had theoretically eliminated for producers suffering from crop losses and also a little market interference in in 1994. We spent an additional $6 bil- in multiple years. Third, requiring the regard to the Federal Government, it lion on disaster aid last year in part to RMA to work to undertake a pilot often seems the deck is stacked against make up for these problems. And there project to develop new rating struc- them. If producers do survive these are no substantive changes in the pro- tures for undeserved areas of the coun- risks, they are often still at the mercy gram to ward off another disaster bill try, and particularly the southern part of weakened exports, and Asian flu or this year. of the United States, with the inten- the global contagion, as we call it, We will spend at least $18 billion this tion it will eventually become a perma- caused by a global financial crisis and fiscal year to support agriculture. And nent change in the program. inadequate access to foreign markets. the crisis is only deepening. S2276 CONGRESSIONAL RECORD — SENATE March 4, 1999 Will this bill fix that crisis? No. Crop reporting to the government agency, tion. They were unwilling to buy a 100- insurance does not and can not provide instead of having the agency report to percent subsidized catastrophic policy income. If you’re getting a check from the Board. We’ll put the board of direc- because they found it was worthless. It your insurance company—for your car, tors at the top of the hierarchy where is only 50 bucks, but they are telling us or your house, or your farm—you’ve they belong. that it is worthless. lost money. By making changes in the adminis- Other concerns were expressed by But the program today no longer pro- tration of the program, we’ll come farmers, to both Senator ROBERTS and vides even enough support to keep closer to the flexible and responsive I, and many other Members of Con- most farmers in business after a couple risk management program that farm- gress, about how to make this Crop In- of loss years. How can it, when most of ers expect. That may be the most im- surance Program work. We have tried, them have a 35 percent deductible? For portant thing we accomplish. with this piece of legislation, to do a farm operation with $500,000 worth of Senator ROBERTS and I have worked that, by inverting the subsidies, by production, that means the farmer ab- together on crop insurance in the past, equalizing the subsidies for revenue in- sorbs the first $175,000 of loss. and we are happy to take the lead surance, by allowing revenue insurance Let me give you an example of how again. And I reiterate: this is not the to be offered for price as well as for the economics of crop insurance work panacea to the financial crisis in rural yields, by changing the APH for today. Doug Schmale of Lodgepole, NE, America, but it is a worthwhile first multiyear losses, as well as making grows about 1,500 acres of wheat on his step. changes for farmers that are coming on farm. He’s a believer in crop insurance I look forward to a renewed spirit of line for the first time, by allowing live- and buys it every year. And now he bipartisanship on ag issues, and we are stock to be covered for the first time, buys CRC, because he understands that starting here today. a permissive piece, and, most impor- covering revenue is an improvement Mr. President, quite simply, this tantly for me, by restructuring the over just covering yields. piece of legislation will make crop in- Risk Management Agency itself, mak- Doug says the reason he only buys 65 surance more affordable, more flexible ing the Risk Management Agency di- percent coverage is because, ‘‘That’s and more responsive to the changing rector responsive to the board and where it makes the most sense, because needs of farmers. That has been our bringing on a new private sector entity that’s where the government puts the goal from the start, for farmers in Ne- to evaluate reinsurance and evaluate money. But it’s still not adequate.’’ braska, farmers in Kansas and farmers what, indeed, the market itself wanted Doug is insuring 26 bushels of wheat throughout the country. to do. per acre, which he admits is nowhere The basic structure of the Crop In- Mr. President, I would like to talk close to what he can live on. And since surance Program was set in place in specifically about one individual, a 1987 he’s only collected on his insur- 1980. Much of that structure remains in man by the name of Doug Schmale ance policy twice. And he pays about place today. The last time Congress from Lodgepole, NE. He grows about $8,000 a year to buy it, every year. changed the law was in 1994, and at 1,500 acres of wheat on his farm. He What Doug wants is to buy a 75 per- that time we created new opportunities likes crop insurance. He buys it every cent CRC policy. But if he does that for private sector delivery of policies year and has bought it since 1987. He today, his costs will more than double. and risk sharing. It is a model, in my has collected but twice. He’ll go from $4.72 an acre to $9.75. And judgment, Mr. President, that has I talked to him about the details. that’s not even an option when wheat worked. Listen to his details. It is the same is only worth $3.00. The taxpayers take half the risk; the thing we are hearing from farmers Doug says that this bill will finally private sector takes half the risk. They throughout the country. He buys 65 make coverage affordable for him. He’ll are the ones out selling the product percent coverage, he said, because get enough coverage—at a price he can and, as a consequence, there is far less ‘‘that’s where it makes the most sense, afford—to stay in business if he has taxpayer exposure than there would be because that’s where the Government two bad years in a row. otherwise. Senator ROBERTS just al- puts the money. But it’s not ade- There’s been a lot of talk about luded to it. In fact, I think he did more quate.’’ ‘‘safety nets’’ over the past few years. than just allude to it. He said it di- It doesn’t provide him with the pro- And we all know that we wouldn’t in- rectly. tection he needs. That means he will be sure our houses with a 35 percent de- The ad hoc disaster program we be- insuring about 26 bushels an acre, ductible. But the economics of agri- lieved we were ending in 1994, when we which he admits is nowhere close to culture say to farmers, ‘‘Underinsure,’’ passed the crop insurance bill, well, it what he can produce, nowhere near the especially now, when every dollar per came back last year with a vengeance kind of losses he would expect if he acre makes an enormous difference. for $6 billion. It is not a very efficient were to suffer a loss on that crop. Congress must help change that mes- way of helping businesspeople, family- What he would like to do is buy a 75 sage. Our message to farmers must be, operated farms that suffer losses. It is percent crop recovery policy. If he does ‘‘We want you to insure your farm op- a very inefficient way. Typically it that, the premiums are so high that, eration for enough coverage that your costs us a great deal more money and given the price of wheat, he cannot af- policy has some value. We want you to typically it does not benefit the people ford to buy it. be able to take into account crop rota- who need it the most. Again, Mr. President, we are not tion, new crops and new land. If you What crop insurance gives the farmer talking about throwing a bunch of have an unbelievable run of bad luck is a management tool that they can money out here. We are talking about with the weather, we want crop insur- use to manage risk. It is not a replace- allowing these subsidies to change so ance to help you stay in business. ment for other programs. It is not a re- the private sector can sell the product ‘‘And we will help you do it.’’ placement for income. It is a tool that easier. I must emphasize this over and Additionally, this bill recognizes that they can use to manage the consider- over, that what crop insurance rep- many farmers are trying new crops and able risk of manufacturing a product resents for the taxpayer is a terrific in fact other government policies have outside. way to put a product out there to man- encouraged them to do so. The crop in- In 1994, after we created the program, age risk, because the private sector as- surance program offers little option we met with considerable success. We sumes half the loss. The private sector but to underinsure or go without cov- had 181 million acres that were en- will suffer a significant loss if there are erage. This bill would required changes rolled in the program—that is up from losses. So they are not going to be out in the program to take that into ac- 100 million acres enrolled in 1993—but there underwriting policies for things count. we are seeing participation rates de- that they consider to be too risky, be- And just as importantly, this bill cline. Last year we discovered more cause they are on the line for half the takes a big step toward restructuring cause for concern when farmers in the loss. the agency that oversees the program. northern plains who had been reliable This piece of legislation represents a Unbelievably, the statute now makes buyers of crop insurance found that it substantial step forward. We have pilot the board of directors responsible for was no longer offering much protec- projects in there for beginning farmers. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2277 We have pilot projects in there, as well, legislation as an original cosponsor be look forward to working with my col- for many of our southern friends who allowed to do so prior to the close of leagues to develop even stronger and are concerned that cotton, because it is business today. more beneficial risk management tools a lower-cost product, has not been able The PRESIDING OFFICER. Without for these producers. Idaho’s great agri- to get good underwriting. We have objection, it is so ordered. cultural economy is based on minor tried to accommodate concerns for Mr. ROBERTS. I yield the floor. and nontraditional crops. We lead the many other crops as well. Mr. KERREY addressed the Chair. nation in the production of such crops We believe that if we can get this leg- The PRESIDING OFFICER. The Sen- as potatoes, winter peas, and trout. islation passed this year, it will be a ator from Nebraska. Idaho is second in the production of giant step forward from what we had in Mr. KERREY. Mr. President, I appre- seed peas, lentils, sugar beets, barley 1994 and will continue us in the direc- ciate that growing list of cosponsors. I and mint. Furthermore, we are in the tion of saying that we are not going to hope this is a piece of legislation which top five states in the production of have ad hoc disaster programs. We are we can persuade our friends on the hops, onions, plums, sweet cherries, al- going to allow the farmer himself to Budget Committee to make room for. falfa, and American cheese. have a product that enables him to It will save us money in the long term. The needs of these producers are just manage that risk and reduce the risk It will save us and prevent us from as important as those of more tradi- associated with a rather risky endeav- spending multibillions of dollars a year tional farm commodities. I want to as- or of production agriculture. on ad hoc disaster assistance in some sure my colleagues that I will continue I don’t know if the Senator from kind of a supplemental appropriation. I to work for the resolution of this and Kansas has anymore enlightened, hu- hope very much that we are able to get other matters as our effort to reform morous remarks to make. I wonder if some additional room. Federal crop insurance progresses. the Senator from Kansas will agree I was disappointed we did not see it that what we saw after we passed the in the President’s budget. He has a lot By Mr. GORTON (for himself and law in 1994 was a substantial increase of new spending priorities. I think if we Mr. SMITH of Oregon): in the number of acres that are cov- put this a bit ahead of some of the S. 530. A bill to amend the Act com- ered, and the program is working, but spending priorities, we ought to make monly known as the Expert Apple and we have kind of hit a wall. We reformed room for it. Pear Act to limit the applicability of it considerably. We are moving more I promise my colleagues, if we do that act to apples; to the Committee toward the market, but we have hit a that, if we change the law in this way, on Banking, Housing, and Urban Af- wall. you will find we will be saving money fairs. The market is basically saying, ‘‘We in the long term trying to make cer- EXPERT APPLE AND PEAR ACT AMENDMENTS have products that we can sell; our tain that family-based agriculture, one Mr. GORTON. Mr. President, I rise farmers will buy the products.’’ But of the most important parts of our today to introduce legislation amend- here are changes we need to make in economy, still producing this year at ing the 1933 Export Apple and Pear Act this law and if you make these least $20 billion worth of surplus in to provide for the expansion of pear ex- changes, we think you will find more trade—it is going to be down a it in ports. acreage is underwritten, more satisfied 1999, but it is still an enormously im- Currently, all apple and pear export- customers and less need for ad hoc dis- portant part of our economy—I assure ers must follow the guidelines set forth aster, as a consequence. my colleagues if we get room in our in the Act when negotiating overseas Mr. ROBERTS. Mr. President, if I budget to include the cost of this ex- sales of these commodities. According may respond to my distinguished pansion of crop insurance that it will to the Act, only high grade apples and friend, the whole goal of this is to pro- save us money in the long term. pears are to be sold in foreign markets. vide the farmer and rancher with the Mr. CRAIG. Mr. President, I rise Should an exporter decide to broker a risk management tools to enable that today to join my good friends and col- deal with another country involving decisionmaking to be made by the indi- leagues Senators ROBERTS and KERREY lower grade apple and pears, the U.S. vidual producer as opposed to those of as a cosponsor of legislation being in- Department of Agriculture must pro- us in Washington who respond, as I in- troduced today to reform the Federal vide a waiver to farmers allowing them dicated before, it seems like almost agricultural crop insurance program. I to do so. even numbered years to the plight of am proud to stand with these leaders in While growers have prospered under those who are experiencing disasters. purposing sweeping legislation to bring the 1933 Export Apple and Pear Act, We think this program or this reform back some normalcy to our Nation’s more and more countries have re- will certainly represent a lot more con- farm economy and expand the risk quested to purchase lower grade pears. sistencies. management tools available to our The purpose of this legislation is to Yes, it will cost money, but if you farm and ranch families. eliminate pears from the Export Apple add up the average $1.5 billion that we The bill addresses several concerns and Pear Act allowing growers and ex- have paid in disaster programs, not to farmers from my state and I have porters the ability to expand the mar- mention the $6 billion emergency bill about the current crop insurance pro- ket for low grade pears without having as of last year, of course that is reflec- gram. Specifically, I am pleased that to approach USDA in each instance for tive of the loss of export demand we the legislation includes provisions to a waiver. have seen because of the economic establish an APH history adjustment There is no doubt that the Pacific problems all over the world. But I cer- for beginning farmers and multi-year Northwest fruit industry is facing a tainly agree with my colleague and my disasters. In addition, removing the ex- difficult year financially. I believe this cosponsor. clusion for livestock coverage is long bill provides one additional mechanism Mr. President, I have several unani- overdue. necessary for an economically strapped mous consent requests, I tell my col- By cosponsoring this legislation industry to access additional markets league, if I may offer them at this today, I do not wish to imply that our while still promoting a quality U.S. point. search for meaningful crop insurance product. Mr. President, I ask unanimous con- reform ideas has been completed. Just Mr. SMITH of Oregon. Mr. President, sent that Senators CRAIG, BURNS, the contrary—I see this bill as a rea- I rise to comment on a bill I have in- HAGEL, DASCHLE, CONRAD, and BAUCUS sonable and appropriate first step to- troduced today that will provide Or- be added as original cosponsors on the ward our long-term goal of providing egon pear producers the flexibility they bill just introduced by Senator KERREY real risk management tools to our need to meet the demands of their for- and myself. farmers and ranchers. eign customers. The PRESIDING OFFICER. Without While I am pleased that the bill in- With continued low commodity objection, it is so ordered. cludes provisions that allow the Risk prices in nearly all sectors of American Mr. ROBERTS. Mr. President, I fur- Management Agency to develop poli- agriculture, and with financial uncer- ther ask unanimous consent that any cies for ‘‘speciality’’ or ‘‘minor’’ crops tainty in many of our export markets, Senator wishing to be added to this and for crops in under-served areas, I now is the time for the Congress to do S2278 CONGRESSIONAL RECORD — SENATE March 4, 1999 all it can to remove unnecessary hin- place of freedom, were treated as sec- Michigan today. I have had a chance to drances to sales of farm products ond class citizens, or less. get to know her a bit, but, more impor- abroad. The legislation which I have Even after the moral enormity of tantly, to work with her organizations introduced today with my colleague, slavery had finally been ended, Afri- there which do fine work for our com- the senior senator from the state of can-Americans were subjected to dis- munities and for our country. Washington, would delete references to crimination, segregation and, if they So Mr. President, I am very proud to pears in the Export Apple and Pear resisted, prosecution and even lynch- be here today to offer this Congres- Act. Under the Export Apple and Pear ing. sional Gold Medal proposal. I want to Act, only pears meeting Federal high Rosa Parks set in motion the events thank our cosponsors. We are very quality standards are allowed to be ex- that brought to an end the shameful hopeful that others will join us so we ported. Although this standard served history of Jim Crow. can pass this proposal as soon as pos- the purposes of the pear industry when Rosa Parks refused to obey the seg- sible. the Export Apple and Pear Act was regation laws in her home city of At this time, Mr. President, I yield originally enacted in 1933, it has in- Montgomery, AL, and go to the back of the floor to the Senator from Alabama. creasingly become an obstacle to U.S. the bus. The PRESIDING OFFICER. The Sen- pear producers who desire to enter new When confronted, she refused give up ator from Alabama. Mr. SESSIONS. Mr. President, I want markets through the export of lower her seat on that bus to a white man, to say how much I appreciate the cour- grade pears. In recent years, pear pro- even when threatened with jail. tesies of Senator ABRAHAM and Senator ducers have had to obtain special waiv- She was arrested, and the reaction LEVIN as we work through this effort to ers from USDA in order to sell lower would change the face of this Nation. achieve this Gold Medal for Ms. Rosa grade pears to the emerging markets of Over 40,000 people boycotted Mont- gomery buses for 381 days. Parks. I think it is a very fitting and Russia and Latin America. With Amer- appropriate thing that we do so. ican agriculture increasingly a part of Faced with official condemnation and violence, these brave men and So I rise today to recognize Ms. a larger, global economy, U.S. pear Parks, a native Alabamian, who producers need the Congress to remove women maintained their unity until the bus segregation laws were finally through her life and example has this antiquated regulatory hurdle to touched both the heart and the con- changed. expanded pear exports. science of an entire Nation. She is a Perhaps my colleagues noted that Their actions brought about the 1956 Supreme Court decision declaring the native of Tuskegee, and a former resi- the companion bill to this legislation, dent of Montgomery, AL. Her dignity Montgomery segregation law unconsti- H.R. 609, was adopted unanimously by in the face of discrimination helped tutional and spurred the civil rights the House of Representatives earlier spark a movement to ensure that all movement to further action; action this week. The swift passage of this citizens were treated equally under the which produced the Civil Rights Act of legislation in the House is the result of law. the clear consensus of both the pear in- 1964, breaking down the barriers of Equal treatment under the law is a dustry and the Department of Agri- legal discrimination against African- fundamental pillar upon which our Re- culture that the inclusion of pears in Americans and establishing equality public rests. In fact, over the first 2 the Export Apple and Pear Act is no before the law as a reality for all months of this year this Senate has longer necessary. Americans. discussed that very issue in some de- Mr. President, from Hood River, in Rosa Parks set these historic events tail. As legislators, we should work to the shadow of Mount Hood, to the in motion. strengthen the appreciation for this Rogue Valley, just north of California, She was the first woman to join the fundamental governing principle and the pear industry has long been a key Montgomery chapter of the NAACP recognize those who have made ex- part of the success of Oregon agri- and served as an active volunteer for traordinary contributions toward en- culture. With the regulatory relief pro- the Montgomery Voters League. suring that all American citizens have vided by this bill, I believe that pear Because of her strength, perseverance the same opportunities, regardless of producers in Oregon and around the and quiet dignity, all Americans have their race, sex, creed, or national ori- country will have the ability to con- been freed from the moral stain of seg- gin, to enjoy the freedoms this country tinue to compete effectively overseas regation. has to offer. and prosper at home. I urge my col- And this mother of the civil rights Through her efforts, Ms. Parks has leagues to join Senator GORTON and movement continues to be active in the become a living embodiment of this myself in support of early adoption of struggle for equality and the empower- principle. And it is entirely appropriate this legislation. ment of the disenfranchised. that this Congress takes the oppor- Ms. Parks has received many awards tunity to acknowledge her contribu- By Mr. ABRAHAM (for himself, in recognition of her efforts for racial tion by authorizing the award of a Con- Mr. SESSIONS, Mr. LEVIN, Mr. harmony, including the NAACP’s high- gressional Gold Medal to her. Her cour- KENNEDY, and Mr. HARKIN): est honor for civil rights contributions, age, what we in Alabama might call S. 531. A bill to authorize the Presi- the Presidential Medal of Freedom, the ‘‘gumption’’, at a critical juncture re- dent to award a gold medal on behalf of Nation’s highest civilian honor, and sulted in historic change. the Congress to Rosa Parks in recogni- the first International Freedom Con- Certainly, there is much still to be tion of her contributions to the Nation; ductor Award from the National Under- done. True equality, the total elimi- to the Committee on Banking, Hous- ground Railroad Freedom Center. nation of discrimination, and a real ing, and Urban Affairs. Throughout her life, Rosa Parks has sense of ease and acceptance among the LEGISLATION TO AUTHORIZE THE PRESIDENT TO been an example of the power of con- races has not been fully reached. But it AWARD A GOLD MEDAL ON BEHALF OF THE viction and quiet dignity in pursuit of is fair to say that in the history of this CONGRESS TO ROSA PARKS. justice and empowerment. Mr. Presi- effort, the most dramatic and produc- Mr. ABRAHAM. Mr. President, I rise dent, I urge my colleagues to join us in tive chapter was ignited by the lady we today along with Senators SESSIONS, supporting legislation to bestow upon honor today. LEVIN, KENNEDY and HARKIN to intro- her the Congressional Gold Medal she Ms. Parks’ story is well known, but it duce an important piece of legislation so well deserves. bears repeating. She was born on Feb- that will honor one of the most impor- Mr. President, I remember as a young ruary 4, 1913, in the small town of tant figures in the American civil student in grade school being told the Tuskegee AL to Mr. James and Leona rights movement, Rosa Parks. story of the woman who said she would McCauley. As a young child, she moved Given her immense contributions to not move to the back of the bus. I did to Montgomery with her mother, who our Nation, we believe it is only fitting not know who that was by name. I just was a local schoolteacher. Like many that she be honored with a Congres- remember being so struck and touched Southern cities, the Montgomery of sional Gold Medal. by that story. I did not realize someday Ms. Parks’ youth was a segregated city For decades, Mr. President, African- I would have the opportunity to meet with numerous laws mandating the un- Americans in this country, this birth that lady. She lives in my State of equal treatment of people based on the March 4, 1999 CONGRESSIONAL RECORD — SENATE S2279 color of their skin. These laws were tions may extend beyond even the bor- elevated the status of African Ameri- discriminatory in their intent, and di- ders of our nation. In the book ‘‘Bus cans nationwide and introduced to the visive, unfair, and humiliating in their Ride to Justice,’’ Mr. Fred Gray, who world a young leader who would one application, but for years Ms. Parks gained fame while in his 20’s as Ms. day have a national holiday declared in had suffered with them until the fate- Parks’ attorney in the bus desegrega- his honor, the Reverend Martin Luther ful day of December 1, 1955, when her tion case and as the lead attorney in King Jr. pride and her dignity would allow her many of Alabama’s and the Nation’s The Congressional Gold Medal is a to obey them no more. On this day Ms. most important civil rights cases, fitting tribute to Rosa Parks—the Parks, a 42-year-old seamstress, wrote these words, and I don’t think gentle warrior who decided that she boarded a city bus after a long, hard they are an exaggeration: would no longer tolerate the humilia- day at work. Like other public accom- Little did we know that we had set in mo- tion and demoralization of racial seg- modations, this bus contained separate tion a force that would ripple throughout regation on a bus. sections for white and black pas- Alabama, the South, the nation, and even We have come a long way towards sengers, with white passengers allo- the world. But from the vantage point of al- achieving Dr. King’s dream of justice most 40 years later, there is a direct correla- cated the front rows, and black pas- and equality for all. But we still have sengers given the back. This bus was tion between what we started in Montgom- ery and what has subsequently happened in much work to do. Let us rededicate particularly crowded that evening. At China, eastern Europe, South Africa, and ourselves to continuing the struggle on one of the stops, a white passenger even more recently, in Russia. While it is in- Civil Rights, and to human rights in boarded, and the bus driver, seeing Ms. accurate to say that we all sat down and de- Rosa Parks name. Parks, requested that she give up her liberately planned a movement that would Mr. President, I ask unanimous con- seat and move to the back of the bus, echo and reverberate around the world, we sent that a brief biography of the life even though this meant that she would did work around the clock, planning strategy and creating an atmosphere that gave and times and movement which was be forced to stand. Ms. Parks refused to sparked by Rosa Parks, the mother of give up her seat and was arrested for strength, courage, faith and hope to people of all races, creeds, colors and religions the civil rights movement, and ex- disobeying that order. around the world. And it all started on a bus cerpted from USL Biographies, be For this act of civic defiance, Ms. in Montgomery, Alabama, with Rosa Parks printed in the RECORD. Parks set off a chain of events that on December 1, 1955. There being no objection, the mate- have led some to refer to her as the For her courage and her conviction, rial was ordered to be printed in the ‘‘Mother of the Civil Rights Move- and for her role in changing Alabama, RECORD, as follows: ment.’’ Her arrest led to the Montgom- the South, the nation and the world for ery bus boycott, and organized move- ROSA PARKS—AMERICAN SOCIAL ACTIVIST the better, our Nation owes thanks to ‘‘I felt just resigned to give what I could to ment led by a young minister, then un- Ms. Parks. I hope that this body will known, named Martin Luther King, protect against the way I was being treat- extend its thanks and recognition to ed.’’ Jr., who had been preaching at the his- her by awarding her the Congressional toric Baptist church located on Mont- INTRODUCTION Gold Medal. On December 1, 1955, Rosa Parks refused to gomery’s Dexter Avenue. The bus boy- Mr. LEVIN. Mr. President, Rosa cott lasted 382 days, and its impact di- give up her seat on a bus to a white man who Parks is truly one of this Nation’s wanted it. By this simple act, which today rectly led to the integration of the bus greatest heroes. Her personal bravery would seem unremarkable, she set in motion lines while the attention generated and self-sacrifice have shaped our Na- the civil rights movement, which led to the helped lift Dr. King to national promi- tion’s history and are remembered with Civil Rights Act of 1964 and ultimately en- nence. Ultimately, the U.S. Supreme respect and with reverence by us all. sured that today all black Americans must Court was asked to rule on the con- Forty three years ago—December be given equal treatment with whites under stitutionality of the Montgomery law 1995—in Montgomery, Alabama the the law. which Ms. Parks had defied and the Parks did not know that she was making modern civil rights movement began. history nor did she intend to do so. She sim- court struck it down. Rosa Parks refused to give up her seat This powerful image, that of a hard ply knew that she was tired after a long and move to the back of the bus. The day’s work and did not want to move. Be- working American ordered to the back strength and spirit of this courageous cause of her fatigue and because she was so of the bus, simply because of her race, woman captured the consciousness of determined, America was changed forever. was a catalytic event. It was the spark not only the American people but the Segregation was on its way out. that caused a nation to stop accepting entire world. GROWING UP IN A SEGREGATED SOCIETY things as they had been and focused ev- My home state of Michigan proudly In the first half of this century, Montgom- eryone on the fundamental issue— claims Rosa Parks as one of our own. ery, Alabama, was totally segregated, like so whether we could continue as a seg- Rosa Parks and her husband made the many other cities in the South. In this at- regated society. As a result of the journey to Michigan in 1957. Unceasing mosphere Parks and her brother grew up. movement Ms. Parks helped start, to- threats on their lives and persistent They had been brought to Montgomery by day’s Montgomery is very different harassment by phone prompted the their mother, Leona (Edwards) McCauley, when she and their father separated in 1915. from the Montgomery of Ms. Parks’ move to Detroit where Rosa Park’s youth. Today, the citizens of Montgom- Their father, James McCauley, went away brother resided. north and they seldom saw him, but they ery look with a great deal of historical Rosa Park’s arrest for violating the were made welcome by their mother’s family pride upon the Dexter Avenue Baptist city’s segregation laws was the cata- and passed their childhood among cousins, Church. Today’s Montgomery is home lyst for the Montgomery bus boycott. uncles, aunts, grandparents, and great- to the Southern Poverty Law Center, Her stand on that December day in 1955 grandparents. an organization devoted to the cause of was not an isolated incident but part of Parks’s mother was a schoolteacher, and civil rights and also the Civil Rights a lifetime of struggle for equality and Parks was taught by her until the age of Memorial, a striking monument of justice. For instance, twelve years ear- eleven, when she went to Montgomery Indus- black granite and cascading water trial School for Girls. It was, of course, an lier, in 1943, Rosa Parks had been ar- all-black school, as was Booker T. Washing- which memorializes the individuals rested for violating another one of the ton High School, which she attended briefly. who gave their lives in the pursuit of city’s bus related segregation laws, Virtually everything in Montgomery was for equal justice. Today’s Montgomery is a which required African Americans to ‘‘blacks only’’ or ‘‘whites only,’’ and Parks city in which its history as the ‘‘Cap- pay their fares at the front of the bus became used to obeying the segregation ital of the Confederacy’’ and its history then get off of the bus and re-board laws, though she found them humiliating. as the ‘‘Birthplace of the Civil Rights from the bus at the rear. The driver of When Parks was twenty, she married Ray- Movement’’ are both recognized, under- that bus was the same driver with mond Parks, a barber, and moved out of her stood and reconciled. But Montgomery mother’s home. Parks took in sewing and whom Rosa Parks would have her con- worked at various jobs over the years. She is not alone in this development. Many frontation 12 years later. also became an active member of the Na- American cities owe the same debt of The rest is history—the boycott tional Association for the Advancement of gratitude to Ms. Parks that Montgom- which Rosa Parks began was the begin- Colored People (NAACP), working as sec- ery does. In fact, Ms. Parks’ contribu- ning of an American revolution that retary of the Montgomery chapter. S2280 CONGRESSIONAL RECORD — SENATE March 4, 1999 SILENT PROTESTS MOTHER OF THE CIVIL RIGHTS MOVEMENT also provide recreation opportunities In 1955 Parks was forty-two years old, and Parks has been hailed as ‘‘the mother of for millions of Americans, and open she had taken to protesting segregation in the civil rights movement,’’ but this was not spaces in increasingly crowded urban her own quiet way—for instance, by walking an easy role for her. Threats and constant areas. Over the years, the Land and up the stairs of a building rather than riding phone calls she received during the boycott Water Conservation Fund has pro- in an elevator marked ‘‘blacks only.’’ She caused her husband to have a nervous break- tected lands in all 50 States, including was well respected in the black community down, and in 1957 they moved to Detroit, for her work with the Montgomery Voters where Parks’ brother, Sylvester, lived. There such special places as Yellowstone Na- League as well as the NAACP. The Voters Parks continued her work as a seamstress, tional Park, the Everglades, and the League was a group that helped black citi- but she had become a public figure and was California Desert. zens pass the various tests that had been set often sought out to give talks about civil Unfortunately, the Land and Water up to make it difficult for them to register rights. Conservation Fund’s tremendous prom- as voters. Over the years, Parks has received several ise has not yet been fulfilled. Last year As well as avoiding black-only elevators, honorary degrees, and in 1965 Congressman Congress and the President provided Parks often avoided traveling by bus, prefer- John Conyers of Detroit appointed her to his only $328 million of the $900 million ring to walk home from work when she was staff. Parks’ husband died in 1977 and she re- not too tired to do so. The buses were a con- collected by the Land and Water Con- tired in 1988, but she has continued to work servation Fund for land acquisition. stant irritation to all black passengers. The for the betterment of the black community. front four rows were reserved for whites (and She is particularly eager to help the young, The rest went back into the Treasury, remained empty even when there were not and in 1987 she established the Rosa and Ray- for deficit reduction or spending on enough white passengers to fill them). The mond Parks Institute for Self-Development, other programs. The Land and Water back section, which was always very crowd- a training school for Detroit teenagers. Conservation Fund has collected over ed, was for black passengers. In between Each year sees more honors showered upon $21 billion since its creation in 1965, but were some rows that were really part of the her. In 1990, some three thousand people at- only $9 billion has been spent. Unap- black section, but served as an overflow area tended the Kennedy Center in Washington, propriated balances in the fund now for white passengers. If the white section D.C., to celebrate the seventy-seventh birth- total $13 billion, and they are growing was full, black passengers in the middle sec- day of the indomitable campaigner and tion had to vacate their seats—a whole row former seamstress, Rosa Parks. every year. In the meantime, a huge backlog has had to be vacated, even if only one white Mr. LEVIN. I thank the Chair and I passenger required a seat. developed in the federal acquisition of thank our colleagues from Michigan environmentally sensitive land. The THE ARREST OF ROSA PARKS and Alabama. This is what happened on the evening of U.S. Department of Interior estimates December 1, 1955: Parks took the bus because By Mrs. FEINSTEIN: that the cost of acquiring inholdings in she was feeling particularly tired after a S. 532. A bill to provide increased national parks, wildlife refuges, na- long day in the department store where she funding for the Land and Water Con- tional forests, and other public lands worked as a seamstress. She was sitting in now totals over $10 billion. In addition, the middle section, glad to be off her feet at servation Fund and Urban Parks and Recreation Recovery Programs, to re- the federal government receives about last, when a white man boarded the bus and $600 million in Land and Water Con- demanded that her row be cleared because sume the funding of the State grants the white section was full. The others in the program of the Land and Water Con- servation Fund requests each year. The funding shortfall has been par- row obediently moved to the back of the bus, servation Fund, and to provide for the ticularly difficult for State and local but Parks just didn’t feel like standing for acquisition and development of con- governments. For the last several the rest of the journey, and she quietly re- servation and recreation facilities and years, Congress has provided no fund- fused to move. programs in urban areas, and for other At this, the white bus driver threatened to ing for the stateside grants portion of purposes; to the Committee on Energy call the police unless Parks gave up her seat, the Land and Water Conservation and Natural Resources. but she calmly replied ‘‘Go ahead and call Fund, or to The Urban Parks and them.’’ By the time the police arrived, the PUBLIC LANDS AND RECREATION INVESTMENT Recreation Recovery Act, a separate driver was very angry, and when asked ACT OF 1999 program that provides for rehabilita- whether he wanted Parks to be arrested or Mrs. FEINSTEIN. Mr. President, tion of recreation facilities and im- let off with a warning, he insisted on arrest. today I am introducing the Public proved recreation programs in our na- So this respectable middle-aged woman was Lands and Recreation Investment Act taken to the police station, where she was tion’s cities. fingerprinted and jailed. She was allowed to of 1999. This bill will provide funding Last month President Clinton pro- make one phone call. She called an NAACP for two of our nation’s most important posed the Lands Legacy Initiative, lawyer, who arranged for her to be released conservation and recreation pro- which would provide $1 billion from the on bail. grams—the Land and Water Conserva- Land and Water Conservation Fund in THE BUS BOYCOTT tion Fund and the Urban Parks and fiscal year 2000. The President’s initia- Word of Parks’ arrest spread quickly, and Recreation Recovery Act—that have tive would expand our nation’s public the Women’s Political Council decided to been woefully underfunded in recent lands, provide grants to states for land protest her treatment by organizing a boy- years. acquisition, promote open space and cott of the buses. The boycott was set for De- Every year, the Federal government cember 5, the day of Parks’ trial, but Martin ‘‘smart growth,’’ improve wildlife habi- collects about $4 billion from oil and tat, and protect farmland from devel- Luther King, Jr., and other prominent mem- gas leases on the Outer Continental bers of Montgomery’s black community real- opment. The Lands Legacy Initiative is ized that here was a chance to take a firm Shelf. These leases have detrimental a good first step, but our commitment stand on segregation. As a result, the Mont- impacts on our environment, so it is to public lands should not be a one- gomery Improvement Association was fitting that in 1965 Congress created year deal. formed to organize an boycott that would the Land and Water Conservation Therefore, I am pleased that other continue until the bus segregation laws were Fund. This fund is authorized to use Senators have introduced bills that changed. Leaflets were distributed telling $900 million annually in Outer Con- would provide permanent funding for people not to ride the buses, and other forms tinental Shelf lease payments to pur- the Land and Water Conservation Fund of transport were relied on. The boycott lasted 382 days, causing the chase park and recreation lands in or and the Urban Parks and Recreation bus company to lose a vast amount of near our national parks, wildlife ref- Recovery Act, as well as a number of money. Meanwhile, Parks was fined for fail- uges, national forests, and other public other programs. I support Senator ing to obey a city ordinance, but on the ad- lands. The fund also is supposed to pro- BOXER’s bill, the Permanent Protection vice of her lawyers she refused to pay the vide grants to states, so that state and for America’s Resources Act, and I fine so that they could challenge the seg- local governments may purchase park- look forward to working with her and regation law in court. The following year, lands and recreation facilities. with all Senators interested in public the U.S. Supreme Court ruled the Montgom- Acquisition of these lands protects lands, coastal restoration, and wildlife ery segregation law illegal, and the boycott some of our nation’s most crucial natu- was at last called off. Yet Parks had started protection. far more than a bus boycott. Other cities fol- ral resources, including key watersheds If Senator BOXER’s bill does not lowed Montgomery’s example and were pro- that provide drinking water to millions move, however, the bill that I am in- testing their segregation laws. The civil of Americans, and vital wildlife habitat troducing today is a moderate alter- rights movement was underway. for endangered species. Public lands native that I believe will enjoy broad March 4, 1999 CONGRESSIONAL RECORD — SENATE S2281 bipartisan support. The bill is impor- The Urban Parks and Recreation Re- Mr. President, the bottom line is tant for three reasons. First, it focuses covery Act will be amended to allow that for too long, we have diverted exclusively on guaranteed annual fund- funds to be spent for construction of monies intended for conservation and ing for the Land and Water Conserva- recreation facilities, and acquisition of recreation to other purposes. This bill tion Fund and Urban Parks and Recre- park lands in urban areas. will help to correct that imbalance, ation Recovery Program. I want to en- The bill also requires the President and ensure a lasting legacy for our sure that the Land and Water Con- to submit an annual priority list to children and grandchildren. Whether servation Fund remains a top priority Congress for expenditure of funds pro- they hike through a pristine wilder- for Congress regardless of other impor- vided to federal agencies under this ness, climb on an urban jungle gym, or tant environmental programs that are act. The bill specifically provides for picnic in a greenbelt outside their funded. We cannot lose sight of how Congressional approval of this priority hometown, they will have the Land and important the Land and Water Con- list, so that Congress will retain au- Water Conservation Fund and the servation Fund is to America’s con- thority to decide how Land and Water Urban Parks and Recreation Recovery servation and recreation efforts. Conservation Fund dollars are spent on Act to thank. That is something I be- Second, the bill makes no changes to federal lands. lieve we can all be proud of. the Land and Water Conservation Fund The bill changes requirements for the Mr. President, I ask unanimous con- that impede the federal government’s Land and Water Conservation Fund’s sent that the text of the bill and let- ability to acquire land. Two bills cur- stateside grants program, including a ters of support be printed in the rently pending in Congress would re- new requirement for States to develop, RECORD. There being no objection, the mate- strict federal land purchases to with public input, action agendas that rial was ordered to be printed in the inholdings within existing parks only, identify their top conservation and RECORD, as follows: and require prior Congressional author- recreation acquisition needs. Finally, S. 532 ization even for small acquisitions that the bill provides that Indian tribes will be recognized collectively as one state Be it enacted by the Senate and House of Rep- have traditionally been approved resentatives of the United States of America in through the appropriations process. under the state grants program. The Public Land and Recreation In- Congress assembled, These bills also require that two-thirds vestment Act will have a major and SECTION 1. SHORT TITLE. of the federal funding be spent east of immediate impact on conservation and This Act may be cited as the ‘‘Public Land the 100th meridian. and Recreation Investment Act of 1999’’. recreation nationwide. In my home Under these terms, projects such as SEC. 2. FINDINGS. the Headwaters acquisition, where the state, increased funding for the Land Congress finds that— federal government and State of Cali- and Water Conservation Fund could (1) the Land and Water Conservation Fund fornia bought the largest ancient red- allow for the purchase of 483,000 acres Act of 1965 (16 U.S.C. 460l–4 et seq.) has been of inholdings in national parks and wil- critical in acquiring land to protect Ameri- wood stand in private hands, would derness areas in the California Desert, ca’s national parks, forests, wildlife refuges, have been impossible. I believe strong- dramatically improving recreation op- and public land in all 50 States from poten- ly that the primary purpose of the portunities in three of our nation’s tial development and in improving rec- Land and Water Conservation Fund—to reational opportunities for all Americans; newest national parks. It could perma- enable the federal government to per- (2) the Land and Water Conservation Fund nently protect sensitive watersheds at manently protect our nation’s most has helped to preserve nearly 7,000,000 acres Lake Tahoe and help preserve the special places—must be preserved and of America’s most special places, from the Lake’s astounding water quality. And strengthened, not eroded. California Desert to the Everglades, in part it could restore wetlands in San Fran- by providing grants that have helped States Finally, this bill revives the state cisco Bay, which has lost over 80 per- purchase over 2,000,000 acres of parkland and grants portion of the Land and Water cent of its wetlands in the last 100 open space; Conservation Fund, which has funded years. (3) although amounts in the Land and over 37,000 state parks projects over Nationally, funding for the Land and Water Conservation Fund are meant to be used only for conservation and recreation the last three decades, as well as the Water Conservation Fund will help to Urban Parks and Recreation Recovery purposes, since 1980 Congress and the Presi- preserve special places like Cape Cod dent have diverted much of this vital funding Program. These programs have worked National Seashore and the Kodiak Na- well for decades, and I would like to re- for deficit reduction and other budgetary tional Wildlife Refuge, whose land ac- purposes; store funding for them while preserving quisition needs have gone unmet in re- (4) because of chronic shortages in funding broad latitude for states and local gov- cent years. for the Land and Water Conservation Fund, ernments to determine their own con- Reviving the Urban Parks and Recre- the backlog of Federal acquisition needs now servation and recreation priorities. The ation Recovery Act will help cities totals over $10,000,000,000; the backlog in- bill does not establish competitive across our nation improve parks and cludes key wetlands, watersheds, wilderness, grants under the state program. recreation opportunities for their resi- and wildlife habitat and important historic, Specifically, the bill amends the cultural, and recreational sites; dents. In the past, the Urban Parks and (5) the findings of the 1995 National Bio- Land and Water Conservation Fund Recreation Recovery Act has funded Act to say that $900 million will be logical Service study entitled ‘‘Endangered summer recreation, anti-drug counsel- Ecosystems of the United States: A Prelimi- automatically appropriated each year ing, and job training for teenagers in nary Assessment of Loss and Degradation’’ for the Land and Water Conservation low income neighborhoods in Fresno. demonstrate the need to escalate conserva- Fund and the Urban Parks and Recre- The City of Milwaukee instituted a tion measures that protect the Nation’s ation Recovery Program. The bill also ‘‘Park Watch’’ program to help neigh- wildlands and wildlife habitats; provides that 40 percent of the funds borhoods combat vandalism and crime (6) lack of funding for the State grants por- provided under this act must be spent in city parks. And in Tuscon, Arizona, tion of the Land and Water Conservation Fund has hampered State and local efforts to on stateside grants. This will revive the UPARR program funded a health the moribund State grants program protect parklands, coastlines, habitat areas, and physical fitness program for chil- and open space from development; and ensure that states get their fair dren, senior citizens, and disabled (7) recreation needs in America’s cities share of parks and recreation dollars. youth. have been neglected, in part because the States will be required to ‘‘pass This bill is strongly supported by Urban Park and Recreation Recovery Act of through’’ 50 percent of the grants they groups that seek to protect conserva- 1978 (16 U.S.C. 2501 et seq.) has not been fund- receive directly to local governments. tion and recreation resources for all ed since 1995; In addition, the bill provides that 10 Americans. (8) at the same time that Federal invest- percent of the funds provided under Mr. President, I will submit for the ment in conservation and recreation has shrunk, demand for outdoor recreation has this act be allocated to the Urban RECORD at the end of my statement, Parks and Recreation Recovery pro- skyrocketed: visits to our public lands have letters from the Sierra Club, the Wil- increased dramatically in recent years, and gram. This will ensure that recreation derness Society, and Defenders of Wild- the national survey on recreation and the facilities and open space remain top life, who strongly support the Public environment conducted by the Forest Serv- priorities where they are urgently Land and Recreation Investment Act of ice indicates substantial growth in most out- needed—increasingly crowded cities. 1999. door activities; and S2282 CONGRESSIONAL RECORD — SENATE March 4, 1999

(9) increased investment in conservation ‘‘(ii) an Indian tribe may use financial as- ‘‘(II) WETLAND AREAS.—A wetland area or and recreation is essential to maintaining sistance provided under this Act only if the interest in a wetland area (as identified in America’s environmental quality and high Indian tribe provides assurances, subject to the wetland provisions of the State action quality of life. the approval of the Secretary, that the In- agenda) that is proposed to be acquired as a SEC. 3. PURPOSES. dian tribe will maintain conservation and suitable substitute property and that is oth- The purposes of this Act are— recreation opportunities to the public at erwise acceptable to the Secretary shall be (1) to ensure that funding is available with- large in perpetuity on land and facilities considered to be of reasonably equivalent out further Act of appropriation to the Land funded under this Act. usefulness to the property proposed for con- and Water Conservation Fund and the Urban ‘‘(D) LIMITATION.—For any fiscal year, no version.’’. Park and Recreation Recovery Program; single Indian tribe shall receive more than 10 (2) TRANSITION PROVISION.—Any com- (2) to protect the Nation’s parklands, wild- percent of the total amount made available prehensive statewide outdoor recreation plan life habitat, and recreational resources; under paragraph (1) to all Indian tribes, col- developed by a State under section 6(d) of (3) to revive the State grants portion of the lectively.’’; the Land and Water Conservation Fund Act Land and Water Conservation Fund; and (B) by striking subsection (d) and inserting of 1965 (16 U.S.C. 460l–8(d)) before the date (4) to ensure that local governments and the following: that is 5 years after the date of enactment of Indian tribes receive a fair share of proceeds ‘‘(d) STATE ACTION AGENDAS.— this Act shall remain in effect in the State from the Land and Water Conservation ‘‘(1) IN GENERAL.—To qualify for financial until a State action agenda has been adopted Fund. assistance under this section, a State, in in accordance with the amendment made by SEC. 4. LAND AND WATER CONSERVATION FUND. consultation with local subdivisions, non- paragraph (1), but not later than 5 years (a) APPROPRIATIONS.—Section 3 of the Land profit and other private organizations, and after the date of enactment of this Act. and Water Conservation Fund Act of 1965 (16 interested citizens, shall prepare and submit (3) CONFORMING AMENDMENTS.— U.S.C. 460l–6) is amended— to the Secretary a State action agenda for (A) Section 6 of the Land and Water Con- (1) by striking ‘‘SEC. 3. APPROPRIATIONS.— recreation, open space, and conservation servation Fund Act of 1965 (16 U.S.C. 460l– Moneys’’ and inserting the following: that identifies the State’s recreation, open 8(e)) is amended— ‘‘SEC. 3. APPROPRIATIONS. space, and conservation needs and priorities. (i) in subsection (e)— ‘‘(a) IN GENERAL.—Moneys’’; ‘‘(2) REQUIREMENTS.—A State action (I) in the matter preceding paragraph (1), (2) by striking the third sentence; and agenda— by striking ‘‘State comprehensive plan’’ and (3) by adding at the end the following: ‘‘(A) shall take into account long-term inserting ‘‘State action agenda’’; and ‘‘(b) PERMANENT APPROPRIATION.—There is recreation, open space, and conservation (II) in paragraph (1), by striking ‘‘, or wet- appropriated out of the fund to carry out needs (including preservation of habitat for land areas and interests therein as identified this Act $900,000,000 for each fiscal year, to threatened and endangered species and other in the wetlands provisions of the comprehen- remain available until expended.’’. species of conservation concern) but focus on sive plan’’; and (b) ALLOCATION OF FUND.—Section 5 of the actions that can be funded over a 4-year pe- (ii) in subsection (f)(3)— Land and Water Conservation Fund Act of riod; (I) in the second sentence, by striking 1965 (16 U.S.C. 460l–7) is amended— ‘‘(B) shall be updated every 4 years and ap- ‘‘then existing comprehensive statewide out- (1) by striking the first, second, and third proved by the Governor; door recreation plan’’ and inserting ‘‘State sentences and inserting the following: ‘‘(C) shall be considered in an active public action agenda’’; and ‘‘(a) IN GENERAL.—Of amounts annually involvement process that includes public (II) by striking ‘‘: Provided,’’ and all that available to carry out this Act for any fiscal hearings around the State; follows. year— ‘‘(D) shall take into account activities and (B) Section 32(e) of the Bankhead-Jones ‘‘(1) 40 percent shall be allocated for finan- priorities of managers of conservation land, Farm Tenant Act (7 U.S.C. 1011(e)) is amend- cial assistance to States under section 6, of open space, and recreation land in the State, ed in the last proviso of the first paragraph which not less than 50 percent shall be di- including Federal, regional, local, and non- by striking ‘‘existing comprehensive state- rected to local governments to provide natu- profit agencies; and wide outdoor recreation plan found adequate ral areas, open space, parkland, wildlife ‘‘(E) to the extent practicable, shall be co- for purposes of the Land and Water Con- habitat, and recreation areas; ordinated with other State, regional, and servation Fund Act of 1965 (78 Stat. 897)’’ and ‘‘(2) 50 percent shall be allocated for Fed- local plans for parks, recreation, open space, inserting ‘‘State action agenda required by eral purposes under section 7; and and wetland conservation. section 6 of the Land and Water Conserva- ‘‘(3) 10 percent shall be allocated for grants ‘‘(3) USE OF RECOVERY ACTION PLANS.—A tion Fund Act of 1965 (16 U.S.C. 460l–8)’’. to local governments under the Urban Park State shall use recovery action plans devel- (C) Section 102(a)(2) of the National His- and Recreation Recovery Act of 1978 (16 oped by local governments under section 1007 toric Preservation Act (16 U.S.C. 470b(a)(2)) U.S.C. 2501 et seq.).’’; and of the Urban Park and Recreation Recovery is amended by striking ‘‘comprehensive (2) by striking ‘‘There shall be’’ and insert- Act of 1978 (16 U.S.C. 2506) as a guide in for- statewide outdoor recreation plan prepared ing the following: mulating the conclusions and action items pursuant to the Land and Water Conserva- ‘‘(b) SPECIAL ACCOUNT.—There shall be’’. contained in the State action agenda.’’; and tion Fund Act of 1965 (78 Stat. 897)’’ and in- (c) FINANCIAL ASSISTANCE TO STATES.— (C) by striking subsection (f)(3) and insert- serting ‘‘State action agenda required by (1) IN GENERAL.—Section 6 of the Land and ing the following: section 6 of the Land and Water Conserva- Water Conservation Fund Act of 1965 (16 ‘‘(3) CONVERSION OF USE OF PROPERTY.— tion Fund Act of 1965 (16 U.S.C. 460l–8)’’. U.S.C. 460l–8) is amended— ‘‘(A) IN GENERAL.—No property acquired or (D) Section 8(a) of the National Trails Sys- (A) in subsection (b)— developed with assistance under this section tem Act (16 U.S.C. 1247(a)) is amended in the (i) in paragraph (1), by striking ‘‘forty per may be converted to a use other than use for first sentence— centum’’ and all that follows through ‘‘twen- recreation, open space, or conservation with- (i) by striking ‘‘comprehensive statewide ty per centum’’ and inserting ‘‘30 percent of out the approval of the Secretary. outdoor recreation plans’’ and inserting the first $225,000,000 and 20 percent’’; and ‘‘(B) APPROVAL.— ‘‘State action agendas’’; and (ii) by adding at the end the following: ‘‘(i) IN GENERAL.—The Secretary may ap- (ii) by inserting ‘‘of 1965 (16 U.S.C. 460l–4 et ‘‘(6) INDIAN TRIBES.— prove a conversion of use of property under seq.)’’ after ‘‘Fund Act’’. ‘‘(A) DEFINITION.—In this paragraph, the subparagraph (A) if the State demonstrates (E) Section 11(a)(2) of the National Trails term ‘Indian tribe’ means an Indian or Alas- that— System Act (16 U.S.C. 1250(a)(2)) is amended ka Native tribe, band, nation, pueblo, vil- ‘‘(I) no prudent or feasible alternative to by striking ‘‘(relating to the development of lage, or community that the Secretary of the conversion of the use of the property exists; Statewide Comprehensive Outdoor Recre- Interior recognizes as an Indian tribe under ‘‘(II) because of changes in demographics, ation Plans)’’ and inserting ‘‘(16 U.S.C. 460l– section 104 of the Federally Recognized In- the property is no longer viable for use for 8) (relating to the development of State ac- dian Tribe List Act of 1994 (25 U.S.C. 479a–1). recreation, open space, or conservation; or tion agendas’’. ‘‘(B) APPORTIONMENT.—For the purposes of ‘‘(III) the property must be abandoned be- (F) Section 11 of the Wild and Scenic Riv- paragraph (1), the Indian tribes— cause of environmental contamination that ers Act (16 U.S.C. 1282) is amended— ‘‘(i) shall be treated collectively as 1 State; endangers public health or safety. (i) in subsection (a)— and ‘‘(ii) SUBSTITUTION OF OTHER PROPERTY.— (I) by striking ‘‘comprehensive statewide ‘‘(ii) shall receive shares of their collective ‘‘(I) IN GENERAL.—Conversion of the use of outdoor recreation plans’’ and inserting apportionment under that paragraph in property shall satisfy any condition that the ‘‘State action agendas’’; and amounts to be determined by the Secretary Secretary considers necessary to ensure (II) by striking ‘‘(78 Stat. 897)’’ and insert- of the Interior. that— ing ‘‘(16 U.S.C. 460l–4 et seq.)’’; and ‘‘(C) OTHER TREATMENT.—For all other pur- ‘‘(aa) the substituted property is property (ii) in subsection (b)(2)(B), by striking ‘‘(re- poses of this title, each Indian tribe shall be in the State that is of at least equal market lating to the development of statewide com- treated as a State, except that— value and reasonably equivalent usefulness prehensive outdoor recreation plans)’’ and ‘‘(i) an Indian tribe shall not be required to and location; and inserting ‘‘(16 U.S.C. 460l–8) (relating to the direct 50 percent of the financial assistance ‘‘(bb) the use of the substituted property development of State action agendas’’. provided under this Act to local govern- for recreation, open space, or conservation is (G) Section 1008 of the Urban Park and ments; and consistent with the State action agenda. Recreation Recovery Act of 1978 (16 U.S.C. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2283 2507) is amended in the last sentence by development and construction of existing or ‘‘(C) the property must be abandoned be- striking ‘‘statewide comprehensive outdoor new neighborhood recreation sites, including cause of environmental contamination that recreation plans’’ and inserting ‘‘State ac- indoor and outdoor recreation facilities.’’. endangers public health or safety. tion agendas required by section 6 of the (b) ELIGIBILITY OF GENERAL PURPOSE LOCAL ‘‘(2) SUBSTITUTION OF OTHER PROPERTY.— Land and Water Conservation Fund Act of GOVERNMENTS.—Section 1005 of the Urban Conversion of the use of property shall sat- 1965 (16 U.S.C. 460l–8)’’. Park and Recreation Recovery Act of 1978 (16 isfy any condition that the Secretary consid- (H) Section 206(d) of title 23, United States U.S.C. 2504) is amended by striking ‘‘SEC. ers necessary to ensure that— Code, is amended— 1005.’’ and all that follows through sub- ‘‘(A) the substituted property is of at least (i) in paragraph (1)(B), by striking ‘‘state- section (a) and inserting the following: equal market value and reasonably equiva- wide comprehensive outdoor recreation plan ‘‘SEC. 1005. ELIGIBILITY. lent usefulness and location; and required by the Land and Water Conserva- ‘‘(a) ELIGIBILITY OF GENERAL PURPOSE ‘‘(B) the use of the substituted property for tion Fund Act of 1965 (16 U.S.C. 460l–4 et LOCAL GOVERNMENTS.— recreation is consistent with the current seq.)’’ and inserting ‘‘State action agenda re- ‘‘(1) ELIGIBILITY LIST.—Not later than 120 recreation recovery action program.’’. quired by section 6 of the Land and Water days after the date of enactment of this (e) LIMITATION ON USE OF FUNDS.—Section Conservation Fund Act of 1965 (16 U.S.C. 460l– paragraph and periodically thereafter, the 1014 of the Urban Park and Recreation Re- 8)’’; and Secretary shall publish in the Federal covery Act of 1978 (16 U.S.C. 2513) is repealed. (ii) in paragraph (2)(D)(ii), by striking Register— ‘‘statewide comprehensive outdoor recre- ‘‘(A) a list of general purpose local govern- JANUARY 29, 1999. ation plan that is required by the Land and ments eligible for assistance under this Act; Hon. DIANNE FEINSTEIN, Water Conservation Fund Act of 1965 (16 and U.S. Senate, Washington, DC. U.S.C. 460l–4 et seq.)’’ and inserting ‘‘State ‘‘(B) a description of the criteria used in DEAR SENATOR FEINSTEIN: On behalf of De- action agenda that is required by section 6 of determining eligibility. fenders of Wildlife, the Sierra Club and our the Land and Water Conservation Fund Act ‘‘(2) CRITERIA.—The criteria for determin- nearly one million members and supporters, of 1965 (16 U.S.C. 460l–8)’’. ing eligibility shall be based on factors that we want to thank you for your leadership in (I) Section 202(c)(9) of the Federal Land the Secretary determines are related to— introducing the Public Land and Recreation Policy and Management Act of 1976 (43 ‘‘(A) deteriorated recreational facilities or Improvement Act of 1999 to provide perma- systems; nent increased funding for both the Land and U.S.C. 1712(c)(9)) is amended by striking ‘‘(B) economic distress; and Water Conservation Fund and the Urban ‘‘statewide outdoor recreation plans devel- ‘‘(C) lack of recreational opportunity.’’. Parks and Recreation Recovery Program. oped under the Act of September 3, 1964 (78 (c) GRANTS.—The Urban Park and Recre- Ensuring full and permanent funding for Stat. 897), as amended’’ and inserting ‘‘State ation Recovery Act of 1978 is amended by the Land and Water Conservation Fund action agendas required by section 6 of the striking section 1006 (16 U.S.C. 2505) and in- (LWCF) has been a major priority of the en- Land and Water Conservation Fund Act of serting the following: vironmental community for many years. 1965 (16 U.S.C. 460l–8)’’. ‘‘SEC. 6. GRANTS. LWCF represents a promise made by Con- (d) FEDERAL PURPOSES.—Section 7 of the ‘‘(a) IN GENERAL.—The Secretary may pro- gress to the American people to reinvest rev- Land and Water Conservation Fund Act of vide an acquisition grant, development and enue from the development of non-renewable 1965 (16 U.S.C. 460l–9) is amended by adding at construction grant, innovation grant, or re- resources into acquisition and permanent the end the following: habilitation grant to a general purpose local protection of key land, water, and open space ‘‘(d) PRIORITY ACQUISITIONS.— government on approval by the Secretary of resources for future generations. ‘‘(1) IN GENERAL.—As part of the annual an application made by the chief executive Unfortunately, the LWCF promise is one budget request under section 1105 of title 31, officer of the local government. that has remained largely unfulfilled—fund- United States Code, for each fiscal year, the ‘‘(b) FEDERAL SHARE.—The Federal share of ing has averaged only about 25% of its an- President shall submit a list of priority ac- a project undertaken with a grant under sub- nual authorized level. As a result, numerous quisitions for expenditure of the Federal al- section (a) shall not exceed 70 percent. conservation opportunities are being lost. location under this section. ‘‘(c) TRANSFER OF GRANT.— Our nation’s obligation to purchase lands ‘‘(2) CONSULTATION.—The Federal priority ‘‘(1) IN GENERAL.—With the consent of the within our National Wildlife Refuges, Parks, list shall be prepared in consultation with Secretary, and if consistent with an ap- Forests, and Bureau of Land Management the Secretary of Agriculture and the Sec- proved application, an acquisition grant, de- units has been neglected. Rivers, estuaries, retary of the Interior. velopment and construction grant, innova- and wetlands across the country are at risk. ‘‘(3) CONSIDERATIONS.—In preparing the pri- tion grant, or rehabilitation grant may be Pristine wilderness, vital to clean water and ority list, the agency heads shall consider— transferred in whole or in part to a special habitat protection, and the foundation of our ‘‘(A) the potential adverse impacts that purpose local government, private nonprofit nation’s natural heritage is being threatened might result if the acquisition were not un- agency or political subdivision, or regional or destroyed. Parks and open space—the cor- dertaken; park authority. nerstone for quality of life in our urban ‘‘(B) the availability of appraisals of land, ‘‘(2) ASSURANCES.—A transferee of a grant areas—are falling victim to urban sprawl and water, or interests in land or water and other shall provide an assurance that the trans- unchecked development. information necessary to complete the ac- feree will maintain public conservation and As the Public Land and Recreation Im- quisition in a timely manner; recreation opportunities in perpetuity at fa- provement Act of 1999 correctly asserts, the ‘‘(C) the conservation and recreational val- cilities funded with the grant funds. need to provide additional protection to our ues that the acquired land, water, or interest ‘‘(d) GRANT PAYMENTS.— nation’s vanishing wildlands and habitats is in land or water will provide; and ‘‘(1) ADVANCE APPROVAL.—Payment of a greater than ever. The National Biological ‘‘(D) any other factors that the agency grant under subsection (a) may be made only Service warned in a 1995 report that the na- heads consider appropriate. for a project that the Secretary has approved tion’s ecosystems are in decline and many of ‘‘(4) USE OF FUNDS.—An agency head shall in advance. our park and forest areas must be acquired expend funds appropriated for a fiscal year ‘‘(2) PROGRESS PAYMENTS.—Payment of a quickly before lands and wildlife are de- for acquisitions in the order of priority spec- grant under subsection (a) may be made from stroyed. ified in the budget request unless Congress, time to time in keeping with the rate of Your bill takes an important step forward in the general appropriation Act for the fis- progress toward completion of a project, on a in renewing the commitment made to the cal year, specifies a different order of prior- reimbursable basis.’’. American people more than 30 years ago ity or list of priorities.’’. (d) CONVERSION OF USE OF PROPERTY.—The when the LWCF Act was originally passed to SEC. 5. URBAN PARK AND RECREATION RECOV- Urban Park and Recreation Recovery Act of preserve—instead of losing forever—these ir- ERY PROGRAM. 1978 is amended by striking section 1010 (16 replaceable land and water resources. (a) DEFINITIONS.—Section 1004 of the Urban U.S.C. 2509) and inserting the following: As you know, the President has also re- Park and Recreation Recovery Act of 1978 (16 ‘‘SEC. 1010. CONVERSION OF USE OF PROPERTY. cently made a commitment to seek full and U.S.C. 2503) is amended— ‘‘(a) IN GENERAL.—No property acquired, permanent funding for LWCF and other re- (1) in subsection (j), by striking ‘‘and’’ at improved, or developed under this title may lated programs to protect habitat, open the end; be converted to a use other than use for pub- space, and important marine and coastal re- (2) in subsection (k), by striking the period lic recreation without the approval of the sources. Moreover, the environmental com- at the end and inserting a semicolon; and Secretary. munity strongly supports the dedication of (3) by adding at the end the following: ‘‘(b) APPROVAL.— funding both for marine and coastal resource ‘‘(l) ‘acquisition grant’ means a matching ‘‘(1) IN GENERAL.—The Secretary may ap- protection and critically underfunded state capital grant to a general purpose local gov- prove a conversion of use of property under non-game wildlife conservation programs. ernment to cover the direct and incidental subsection (a) if the grant recipient dem- We are eager to work with you, the Presi- costs of purchasing new parkland to be per- onstrates that— dent, and other leaders on these issues in manently dedicated for public conservation ‘‘(A) no prudent or feasible alternative to Congress to ensure permanent and manda- and recreation; and conversion of the use of the property exists; tory funding that addresses all of these cru- ‘‘(m) ‘development and construction grant’ ‘‘(B) because of changes in demographics, cial needs without creating any incentives means a matching capital grant to a general the property is no longer viable for use for for new offshore drilling as some current pro- purpose local government to cover costs of recreation; or posals in Congress would do. S2284 CONGRESSIONAL RECORD — SENATE March 4, 1999 Again, we applaud your leadership in intro- with the responsibility of making local tempted to limit out-of-State trash on ducing this important legislation and thank land-use decisions and should be al- their own, unless Congress acts to you for your commitment to preserving our lowed to decide for themselves whether grant States and localities the ability magnificent natural heritage. a community should be subjected to a to ban or limit out-of-State trash, Sincerely, RODGER SCHLICKEISEN, large landfill that takes garbage from those State laws are likely to be struck President, Defenders out of State. Recognizing the respon- down as unconstitutional. of Wildlife. sibilities vested in local governments, This legislation overcomes that con- CARL POPE, the legislation we are introducing stitutional hurdle by granting States Executive Director, Si- today allows localities to ban un- and localities the right to restrict erra Club. wanted out-of-State trash. interstate trash disposal. If we again States have a responsibility for en- fail to pass legislation that protects lo- THE WILDERNESS SOCIETY, suring that the State’s environment is Washington, DC, February 1, 1999. calities from being buried under out-of- protected and that its highways and DEAR SENATOR FEINSTEIN: The Wilderness State garbage, we are abdicating our Society would like to commend your efforts waterways are safe. This legislation own responsibility to protect the qual- in introducing the ‘‘Public Lands and Recre- recognizes that responsibility, allowing ity of life of communities in each of ation Investment Act of 1999’’. By focusing States to override local government our States. your bill on LWCF and the Urban Park and approval of out-of-State imports if The bills I have introduced in past Recreation and Recovering (UPAAR) pro- local decisions on trash affect the gram, it will address needs of expanding pop- Congresses focused on protecting local- State as a whole. To help States fund ities from unwanted garbage. The bill ulation and urban sprawl. this responsibility, the bill allows This bill crystallizes several important Senator WARNER and I introduce today concepts. It dramatically elevates the fund- States to assess up to a $3 per ton fee builds on that foundation. It reflects ing for LWCF and resuscitates the state-size on out-of-State trash. This fee is simi- Virginia’s most recent experience with grant program. Additionally, it reactivates lar to the out-of-State tuition that importing garbage and addresses both UPAAR and adapts it to respond to contem- States charge students to come to the problems we have seen and the les- porary urban needs by allowing land acquisi- their States to take advantage of host sons we have learned. We now have tion. Furthermore, the inclusing of language State’s colleges and universities. enough history to examine the benefits that allow tribes to participate equally with In addition, the legislation allows states for matching grants for planning ac- and the possible burdens of host com- States to cap the amount of trash that munity agreements, and how they can quisition and rehabilitation sets an impor- can accumulate in landfills that have tant standard. best be used to develop state-of-the-art We support your thoughtful efforts on be- local approval. By allowing States to landfills. We also understand better the half America’s public lands and appreciate impose such a cap, this legislation hardships that trash traffic can impose the leadership you have provided. strikes what we believe is the right on communities that do not benefit Sincerely, balance between localities’ desires to from another community’s decision to WILLIAM H. MEADOWS, generate revenues by accepting waste President. host a large landfill. Finally, it ad- and States’s responsibilities to protect dresses a problem that has festered for State resources, to provide a safe net- too long, the inability of States to By Mr. ROBB (for himself and work of highways, and to ensure that Mr. WARNER): summon the political will to site their State regulatory agencies are not over- own capacity. I encourage the Senate S. 533. A bill to amend the Solid whelmed by the influx of new waste. Waste Disposal Act to authorize local to move quickly to consider this par- This legislation also addresses the re- ticular legislation. governments and Governors to restrict sponsibilities of States that have re- Mr. WARNER. Mr. President, I am receipt of out-of-State municipal solid fused to face the obligations of siting pleased to introduce today, along with waste, and for other purposes; to the their own refuse. States that export my colleague, Senator ROBB, legisla- Committee on Environment and Public huge amounts of waste are imposing a tion to give our States and local gov- Works. burden on those States that have cre- ernments authority to ensure that they INTERSTATE TRANSPORTATION OF MUNICIPAL ated new capacity. The bill we are in- can effectively manage the disposal of SOLID WASTE CONTROL ACT troducing sends a very strong message municipal waste within their borders. Mr. ROBB. Mr. President, I rise to States that ship more than 6 million today, as I have done on two previous tons a year to other States, although For several years, the Committee on occasions, to introduce legislation to no State yet meets that threshold. The Environment and Public Works, on stem the flow—actually flood—of trash bill allows importing States to ban the which I serve, has considered many leg- into Virginia and other States that garbage coming from such superexport- islative proposals to convey authorities have been affected. I am pleased to be ing States. If the importing State to States and localities to begin to ad- joined, in doing so, by my senior col- chooses not to exercise this prohibi- dress this serious problem. Unfortu- league from Virginia, who will be join- tion, the bill allows the State to im- nately, no legislation has been enacted ing us very shortly, Senator WARNER. pose large and escalating fees on those since this serious problem first sur- We have witnessed a virtual explo- superexporting States that have not faced in the early 1990s. sion in legislation in Congress focussed had the political will to site their own Mr. President, in past years, Senator on rights. In recent months, Congress excess capacity. ROBB and I have introduced legislation focused on the Patients’ Bill of Rights, While large regional landfills are be- individually to allow localities to have the Soldiers’ Bill of Rights and the coming more common because of the the ability to decide when and under Taxpayer Bill of Rights. These are just expense of building modern and envi- what circumstances waste generated a few recent examples. ronmentally sound facilities, those from out-of-state sources came into The bill I am introducing today, landfills should accept waste on the their communities for disposal. Today, along with my colleague, Senator WAR- basis of a region’s cooperation rather I am pleased that we are renewing our NER, could be called a Bill of Respon- than on the basis of a single State’s ab- commitment to solving this serious sibilities. It recognizes the responsibil- dication of its responsibilities. problem by working together to intro- ities of the various levels of govern- Finally, this legislation recognizes duce this legislation. ment to manage the huge volumes of the responsibility of the Congress to Today, large volumes of waste are trash we are generating. regulate interstate commerce. Because traveling from Northeastern states to The primary responsibility for taking the Supreme Court has determined the Mid-west and Mid-Atlantic states. Over care of trash lies with local govern- garbage is commerce, like any other the past few years, the amount of ments. They are responsible for picking commodity, States and localities have waste traveling across state lines has up the trash and they are responsible been powerless to halt the disposal of greatly increased and projections are for finding a place to put it down. out-of-State waste within their bor- that interstate waste shipments from Local governments are also charged ders. While some States have at- certain states will continue to grow. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2285 Most States and localities are re- ports equitable treatment under Fed- and consumer service constraints this sponsible in ensuring that adequate ca- eral law that is enjoyed today by all of inaction is having on both Dulles and pacity exists to accommodate munici- the major commercial airports. Reagan National. pal waste generated within each com- When the Congress enacted legisla- As the current law forbids the FAA munity. I regret, however, that the evi- tion in 1986 to transfer ownership of from approving any AIP entitlement dence available today shows that there Reagan National and Dulles Airports grants for construction at the two air- are specific situations where State and to a regional authority—and I may say, ports and from approving any Pas- local governments are neglecting re- Mr. President, I was a part of that air- senger Facility Charge (PFC) applica- sponsible environmental stewardship. port commission. It was chaired by the tions, these airports have been denied The result of this neglect is that former Governor of Virginia, Linwood access to over $200 million. other States are bearing the burden of Holton; Senator SARBANES joined me These are funds that every other air- disposing of their waste. These State on that. From that, I drew up this very port in the country receives annually and local governments currently have legislation that did the transfer. We in- and are critical to maintaining a qual- no authority to refuse this waste or cluded in that legislation that I drafted ity level of service and safety at our even to control the amount of waste a provision to create a congressional Nation’s airports. Unlike any other air- that is sent for disposal on a daily board of review. port in the country, federal funds have basis. Immediately upon passage of the 1986 been withheld from Dulles and Reagan Our legislation recognizes that in the Transfer Act, local community groups National for over 18 months. normal course of business is it nec- filed a lawsuit challenging the con- These critically needed funds have essary for some amount of waste to stitutionality of the board of review. halted important construction projects travel across State lines, particularly The Supreme Court upheld the lawsuit at both airports. Of the over $200 mil- in circumstances where there are large and concurred that the Congressional lion that is due, approximately $161 urban areas located at state borders. Board of Review as structured was un- million will fund long-awaited con- Our legislation will not close down constitutional because it gave Mem- struction projects and $40 million is State borders or prevent any waste bers of Congress veto authority over needed to fund associated financing shipments. the airport decisions. The Court ruled costs. States will have, however, for the that the functions of the board of re- I respect the right of the Senate to first time, the ability to effectively view was a violation of the separation exercise its constitutional duties to manage and plan for the disposal out- of powers doctrine. confirm the President’s nominees to of-State waste along with waste gen- During the 1991 House-Senate con- important federal positions. I do not, erated within their borders. ference on the Intermodal Surface however, believe that it is appropriate Specifically, our legislation will Transportation Efficiency Act, I of- to link the Senate’s confirmation proc- allow States who are today receiving 1 fered an amendment, which was adopt- ess to vitally needed federal dollars to million tons of waste or more to con- ed, to attempt to revise the Board of operate airports. trol the growth of these waste ship- Review to meet the constitutional re- Also, I must say that I can find no ments. quirements. justification for the Senate’s delay in These States would be permitted to Those provisions were also chal- considering the qualifications of these freeze at current levels the amount of lenged and again were ruled unconsti- nominees to serve on the MWAA Board. waste they are receiving or, if they de- tutional. To my knowledge, no one has raised cided, they could determine the In 1996, in another attempt to address concerns about the qualifications of amount of out-of-State waste they can the situation, the Congress enacted the nominees. We are neglecting our safely handle. Today, they have no legislation to repeal the Board of Re- duties. voice, but this legislation will give all view since it no longer served any func- For this reason, I am introducing leg- citizens the right to participate in tion due to several federal court rul- islation today—the Metropolitan Wash- these important waste disposal deci- ings. In its place, Congress increased ington Airports Authority Improve- sions. the number of federal appointees to the ment Act—to repeal the punitive prohi- For all States and localities, protec- MWAA Board of Directors from 1 to 3 bition on releasing Federal funds to the tions would be provided to ensure that members. airports until the Federal nominees all interstate waste must be handled In addition to the requirement that have been confirmed. pursuant to a host community agree- the Senate confirm the appointees, the Airports are increasingly competi- ment. These voluntary agreements be- statute contains a punitive provision tive. Those that cannot keep up with tween the local community receiving which denies all federal Airport Im- the growing demand see the services go the waste and the industry disposing of provement Program entitlement grants to other airports. This is particularly the waste have allowed some local gov- and passenger facility charges to Dul- true with respect to international serv- ernments to determine waste disposal les International and Reagan National ices, and low-fare services, both of activities within their borders. if the appointees were not confirmed by which are essential. Mr. President, I look forward to October 1, 1997. As a result of the Senate’s inaction, working with my colleagues to develop Mr. President, the Senate has not I provide for my colleagues a list of the a fair and equitable resolution to this confirmed the three Federal ap- several major projects that are vir- problem. pointees, Since October, 1997, Dulles tually on hold since October, 1997. They I encourage my colleagues to care- International and Reagan National, are as follows: fully review our legislation and I wel- and its customers, have been waiting At Dulles International there are come their comments. for the Senate to take action. Finally four major projects necessary for the in 1998, the Senate Commerce Commit- airport to maintain the tremendous By Mr. WARNER (for himself and tee favorably reported the three pend- growth that is occurring there. Mr. ROBB): ing nominations to the Senate for con- Main terminal gate concourse: It is S. 535. A bill to amend section sideration, but unfortunately no fur- necessary to replace the current tem- 49106(c)(6) of title 49, United States ther action occurred because these porary buildings attached to the main Code, to remove a limitation on cer- nominees were held hostage for other terminal with a suitable facility. This tain funding; to the Committee on unrelated issues. Many speculate that terminal addition will include pas- Commerce, Science, and Transpor- these nominees have not been con- senger hold rooms and airline support tation. firmed because of the ongoing delay in space. The total cost of this project is METROPOLITAN WASHINGTON AIRPORTS enacting a long-term FAA reauthoriza- $15.4 million, with $11.2 million funded AUTHORITY IMPROVEMENT ACT tion bill. by PFCs. Mr. WARNER. Mr. President, I rise Mr. President, I am not here today to Passenger access to main terminal: As today to introduce legislation, along join in that speculation. I do want, the Authority continues to keep pace with Senator ROBB, to give Reagan Na- however, to call to the attention of my with the increased demand for parking tional and Dulles International Air- colleagues the severe financial, safety and access to the main terminal, PFCs S2286 CONGRESSIONAL RECORD — SENATE March 4, 1999 are necessary to build a connector be- greater convenience for the passengers Without the nominees, the airports tween a new automobile parking facil- using these two airports. cannot obtain grants under the Airport ity and the terminal. The total cost of Those funds have been held up. It is Improvement Program or use the pas- this project is $45.5 million, with $29.4 over $200 million, as my colleague from senger facility charges to fund million funded by PFCs. Virginia will join me in saying; $200 projects. Improved passenger access between con- million are more or less held in escrow These two programs are the lifeblood course B and main terminal: With the pending the confirmation by the Sen- of airport funding. So Senate inaction construction of a pedestrian tunnel ate of the United States of three indi- on the nominees keeps Dulles and Na- complex between the main terminal viduals to this board. tional from making improvements that and the B concourse, the Authority For reasons known to this body, that can truly make a difference to consum- will be able to continue to meet pas- confirmation has been held up. The ers. senger demand for access to this facil- confirmation may remain held up. But Proponents of more flights at Na- ity. Once this project is complete, ac- this legislation will let the moneys tional argue they are helping consum- cess to concourse B will be exclusively flow to the airports for this needed ers. But blocking the nominees blocks by moving sidewalk, and mobile lounge construction for safety and conven- major improvements that would also service to this facility will be unneces- ience, and then at a later date, hope- help consumers. sary. The total cost of this project is fully, we can achieve the confirmation These improvements include easier $51.1 million, with $46.8 million funded of these three new members to the passenger access between the terminals by PFCs. board. I yield the floor. and parking, better access among ter- Increased baggage handling capacity: Mr. ROBB addressed the Chair. minals, improved baggage handling, With increased passenger levels come The PRESIDING OFFICER. The Sen- and the renovation of aging facilities. increase demands for handling bag- ator from Virginia, Mr. ROBB, is recog- We should resolve the issue of the gage. PFC funding is necessary to con- nized. number of flights and the distance of struct a new baggage handling area for Mr. ROBB. Mr. President, I am flights at National with open debate inbound and outbound passengers. The pleased to join my senior colleague, and not through coercion. Senator WARNER, in introducing legis- total cost of this project is $38.7 mil- The legislation Senator WARNER and lion, with $31.4 million funded by PFCs. lation to put an end to the strangula- I are proposing today severs the link At Reagan National there are two tion of the Capital region’s airports. As between action on the nominees and major projects that are dependent on Senator WARNER just indicated, more action on airport improvements, and the Authority’s ability to implement than $200 million in airport improve- we urge our colleagues to support this passenger facility charges (PFCs). ments are on hold, and have been on effort. Historic main terminal rehabilitation: hold since October 1, 1997, as part of an Our proposal retains the Senate’s Even though the new terminal at effort to strong-arm the region into ac- role in approving the nominees. So if Reagan National was opened last year, cepting more flights at Ronald Reagan Members have concerns about airport the entire Capital Development Pro- Washington National Airport. management, those concerns can be ad- gram will not be complete until the I believe this tactic is outrageous. It dressed. But it is simply wrong to hold historic main terminal is rehabilitated is bad enough that the Congress is try- airport improvements hostage. It is for airline use. This project includes ing to micromanage local airports. As time to rescue Dulles and National. We the construction of nine air carrier Governor of Virginia, I worked with shouldn’t allow the critical improve- gates, renovation of historic portions my now colleague and senior partner, ments at both airports to remain cap- of the main terminal for continued pas- Senator WARNER, and then-Secretary tive any longer. of Transportation Dole to pass this leg- senger use and demolition of space that I am very pleased to join my senior islation in 1986 designed to get the Fed- is no longer functional. The total cost colleague. I yield the floor. eral Government out of the airport of this project is $94.2 million with $20.7 Mr. WARNER. Mr. President, I am management business altogether. million to be paid for by AIP entitle- pleased to join my colleague. This Sen- ment grants and $36.2 million to be The legislation that was enacted ator, and I hope Senator ROBB, is pre- shifted control of the Washington air- funded with PFCs. Additional airfield pared to stand on this floor until this ports away from the Federal Govern- work to accompany this project will measure passes, no matter what it ment and to a regional authority so cost $12.2 million, with $5.2 million takes. funded by PFCs. they could effectively and efficiently Mr. ROBB. I can assure my senior Terminal connector expansion: In order manage their own airports, just like colleague, like a stone wall. to accommodate the increased pas- they do in every other State in the Mr. WARNER. Mr. President, I ask sengers moving between Terminals B Union. unanimous consent that the bill be and C (the new terminal) and Terminal Even at that time, though, I was not printed in the RECORD. A, it is necessary to expand the ‘‘Con- particularly sanguine about the pros- nector’’ between the two buildings. The pect that the Federal Government There being no objection, the bill was total cost of the project is $4.8 million, would not be able to resist the tempta- ordered to be printed in the RECORD, as with $4.3 million funded by PFCs. tion to meddle with our local airports follows. Mr. President, my legislation is for its own ends. So I was not surprised S. 535 aimed at ensuring that necessary safe- at the efforts to add flights to Na- Be it enacted by the Senate and House of Rep- ty and service improvements proceed tional, and it is no secret that, not- resentatives of the United States of America in at Reagan National and Dulles. Let’s withstanding a strong personal friend- Congress assembled, give them the ability to address con- ship that I and my senior colleague SECTION. 1. SHORT TITLE. sumer needs just like every other air- have with the distinguished chairman This Act may be cited as the ‘‘Metropoli- port does on a daily basis. of the Commerce Committee, we sharp- tan Washington Airports Authority Improve- ment Act’’. Mr. President, here is the problem. ly disagree on this particular issue. This legislation does not remove the But to block airport improvements and SEC. 2. REMOVAL OF LIMITATION. Congress of the United States, and par- hurt this region’s consumers in an at- Section 49106(c)(6) of title 49, United States Code, is amended— ticularly the Senate, from the advise- tempt to force a policy change is sim- (1) by striking subparagraph (C); and and-consent role, but it allows the ply wrong. (2) by redesignating subparagraph (D) as money, which we need for the mod- The Senate has the power to delay subparagraph (C). ernization of these airports, to flow airport improvements at National and properly to the airports to continue Dulles, because it must approve nomi- By Mr. WARNER: the program of restructuring them nees to the Metropolitan Washington S. 536. A bill entitled the ‘‘Wendell H. physically to accommodate somewhat Airports Authority that manage both— Ford National Air Transportation Sys- larger traffic patterns, as well as do both—Ronald Reagan Washington Na- tem Improvement Act of 1999’’; to the the necessary modernization to achieve tional Airport and Dulles International Committee on Commerce, Science, and safety—most important, safety—and Airport. Transportation. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2287 WENDELL H. FORD NATIONAL AIR TRANSPOR- For years, the debate raged within Since the transfer, the Authority has TATION SYSTEM IMPROVEMENT ACT OF 1999 the FAA and the surrounding commu- worked to maintain the balance in Mr. WARNER. Mr. President, I rise nities about the future of Reagan Na- service between Dulles and Reagan Na- today to share with my colleagues my tional. Should it be improved, ex- tional. The limited growth principle strong opposition and serious concerns panded or closed? This ongoing uncer- for Reagan National has been executed about safety and service impacts re- tainly produced an atmosphere where by the Authority in all of its planning sulting from S. 82, the Air Transpor- no investments were made in National assumptions and the Master Plan. tation Improvement Act. This legisla- and Dulles and service continued to de- While we have all witnessed the trans- tion has been reported from the Com- teriorate. formation of National into a quality merce Committee and reauthorizes the A national commission, now known airport today, these improvements in activities of the Federal Aviation Ad- as the Holton Commission, was created terminals, the control tower and park- ministration. in 1984 and led by former Virginia Gov- ing facilities were all determined to My remarks today will focus on the ernor Linwood Holton and former Sec- meet the needs of this airport for the unwise provisions included in this bill retary of Transportation Elizabeth foreseeable future based on the con- which tear apart the Perimeter and Dole to resolve these long-standing tinuation of the High Density and Pe- High Density rules at Reagan National controversies which plagued both air- rimeter rules. These improvements, Airport. These rules have been in ef- ports. The result was a recommenda- however, have purposely not included fect—either in regulation or in stat- tion to transfer Federal ownership of an increase in the number of gates for ute—for nearly 30 years. Since 1986, the airports so that sorely needed cap- aircraft or airfield capacity. these rules have been a critical ingredi- ital investments to improve safety and Prior to the 1986 Transfer Act, while ent in providing for significant capital service could be made. National was mired in controversy and investments and a balance in service I was pleased to have participated in poor service, Dulles was identified as among this region’s three airports— the development of the 1986 legislation the region’s growth airport. Under FAA Dulles International, Reagan National, to transfer operations of these airports rules and the Department of Transpor- and Baltimore-Washington Inter- to a regional authority. It was a fair tation’s 1981 Metropolitan Washington national. compromise of the many issues which First and foremost, I believe these Airports Policy, it was recognized that had stalled any improvements at both existing rules have greatly benefitted Dulles had the capacity for growth and airports over the years. The regulatory the traveling public—the consumer. a suitable environment to accommo- High Density Rule was placed in the The provisions in the Committee bill date this growth. Following enactment statute so that neither the FAA nor will severely reduce the level of service of the Transfer Act, plans, capital in- the Authority could change it unilater- that Reagan National now provides vestments and bonding decisions made ally. The previous passenger cap was and, as a result, consumer convenience by the Authority all factored in the in air travel will suffer greatly. repealed, thereby ending growth con- High Density and Perimeter rules. The provisions in S. 82 differ dra- trols, in exchange for a freeze on slots. Mr. President, I provide this history matically from the provisions included Lastly, the perimeter rule at 1,250 on the issues which stalled improve- in the legislation the Senate passed miles was established. ments at the region’s airports in the last year by a vote of 92 to 1. Of the For those interested in securing cap- 1970s and 1980s because it is important four slot-controlled airports in the ital investments at both airports, the to understanding how these airports country—Reagan National, O’Hare transfer of these airports under a long- have operated so effectively over the International in Chicago, and Kennedy term lease arrangement to the Metro- past thirteen years. and LaGuardia in New York—only politan Washington Airports Authority Everyone one of us should ask our- Reagan National received a significant gave MWAA the power to sell bonds to selves if the 1986 Transfer Act has met increase in take-off and landing slots finance the long-overdue work. The Au- our expectations. For me, the answer is from last year’s bill—24 per day to 48 thority has sold millions of dollars in a resounding yes. Long-overdue capital per day. bonds which has financed the new ter- investments have been made in Reagan This increase is unjustified and not minal, rehabilitation of the existing National and Dulles. The surrounding supported by any evidence that it is terminal, a new control tower and communities have been given an im- needed. Today, Reagan National han- parking facilities at Reagan National. portant voice in the management of dles approximately 800 take-off and These improvements would not have these airports. We have seen unprece- landing operations per day, Chicago’s been possible without the 1986 Transfer dented stability in the growth of both O’Hare handles approximately 2,000 Act which included the High Density airports. Most importantly, the con- take-off and landing operations per Rule, and the Perimeter Rule. Limita- sumer has benefitted by enhanced serv- day. Yet, in the Committee-reported tions on operations at National had ice at Reagan National. bill Reagan National would receive an- long been in effect through FAA regu- For these reasons, I strongly oppose other 48 slots while O’Hare would re- lations, but now were part of the bal- the Committee bill to add 48 slots, or ceive only another 30 slots per day. anced compromise in the Transfer Act. another 16,000 flights annually, at This is a disproportionate increase es- For those who feared significant in- Reagan National. There is no justifica- pecially when one compares the size creases in flight activity at National tion for an increase of this size. It is and daily operations of the airports. and who for years had prevented any not recommended by the Administra- Again, at New York’s Kennedy and significant investments in National, tion, by the airline industry, by the LaGuardia, there are no changes in they were now willing to support major Metropolitan Washington Airports Au- this year’s bill from the provisions in- rehabilitation work at National to im- thority or by the consumer. cluded in the bill passed by the Senate prove service. They were satisfied that Last year, I cautiously supported a last year. these guarantees would ensure that modest increase in flights at Reagan Mr. President, to gain a full under- Reagan National would not become an- National because I believed it was a standing of the severe impact that other ‘‘Dulles or BWI’’. Citizens had re- fair compromise of the many compet- these changes will have on our regional ceived legislative assurances that there ing demands in the airline industry airports, one must examine the recent would be no growth at Reagan National today. While many of my constituents history of these three airports. Prior to in terms of permitted scheduled flights strongly opposed this limited increase 1986, Dulles and Reagan National were beyond on the 37-per-hour-limit. in aircraft activity at National, I came federally-owned and managed by the These critical decisions in the 1986 to the conclusion that this growth FAA. The level of service provided at Transfer Act were made to fix both the could be accommodated without sig- these airports was deplorable. At Na- aircraft activity level at Reagan Na- nificantly disrupting consumer serv- tional, consumers were routinely sub- tional and to set its role as a short/me- ices or safety. ject to traffic gridlock, insufficient dium haul airport. These compromises Mr. President, I deeply regret that parking, and routine flight cancella- served to insulate the airport from its the Committee did not include in S.82 tions and delays. Dulles was an iso- long history of competing efforts to in- the provisions from last year’s bill lated, underutilized airport. crease and to decrease its use. which was the result of an agreement S2288 CONGRESSIONAL RECORD — SENATE March 4, 1999 between the Chairman, the Majority ognize that the Congress must move Sec. 104. Reprogramming notification re- Leader and those of us representing forward with a full reauthorization quirement. this region. I am prepared today to proposal. Due to the press of time, it is Sec. 105. Airport security program. Sec. 106. Contract tower programs stand behind our agreement and will regrettable that the Committee has de- Sec. 107. Automated surface observation sys- continue to work with the Commerce cided to make such a significant tem stations. Committee to ensure that they under- change from last year’s bill. This new TITLE II—AIRPORT IMPROVEMENT stand how detrimental this excessive approach does not aid our efforts to PROGRAM AMENDMENTS increase in flights will be for our hard- enact a full FAA reauthorization bill Sec. 201. Removal of the cap on discre- fought regional balance, air traffic for our communities. tionary fund. safety and consumer service. For these reasons, I am introducing Sec. 202. Innovative use of airport grant At a time when the Committee is today the FAA legislation passed by funds. considering legislation to protect air the Senate last September by a vote of Sec. 203. Matching share. travel consumer rights, why are we 92 to 1. It provides for a modest in- Sec. 204. Increase in apportionment for noise considering legislation that will do crease in flights at Reagan National compatibility planning and pro- nothing but severely disrupt consumer both inside and beyond the 1,250-mile grams. Sec. 205. Technical amendments. services at Reagan National? perimeter. Sec. 206. Repeal of period of applicability. The capital improvements made at Mr. President, I also intend to exer- Sec. 207. Report on efforts to implement ca- Reagan National since the 1986 Trans- cise all of my rights and engage in an pacity enhancements. fer Act have not expanded the 44 gates extensive debate on these important Sec. 208. Prioritization of discretionary or expanded airfield capacity. All of issues. projects. the improvements that have been made Mr. President, this bill is exactly the Sec. 209. Public notice before grant assur- have been on the landside of the air- bill passed by the U.S. Senate last year ance requirement waived. port. No improvements have been made with a vote of 91 Senators to 1 no vote. Sec. 210. Definition of public aircraft. Mr. President, this is the bill which Sec. 211. Terminal development costs. to accommodate increase aircraft ca- Sec. 212. Airfield pavement conditions. pacity. Expanding flights at National said that there shall be 24 slots in the Sec. 213. Discretionary grants. judgment of the Senate. It was to go to to a level included in the Committee TITLE III—AMENDMENTS TO AVIATION bill will simply ‘‘turn back the clock’’ the House, which it did. The House and LAW the Senate could not reconcile their at National to the days of traffic grid- Sec. 301. Severable services contracts for pe- lock, overcrowded terminal activity differences. I worked very carefully riods crossing fiscal years. and flight delays—all to the detriment with Senator MCCAIN. I want to make Sec. 302. Foreign carriers eligible for waiver of the traveling public. it clear we had an understanding that I under Airport Noise and Capac- This ill-advised scheme is sure to re- would support this bill of 24 even ity Act. turn Reagan National to an airport though I felt the slots were too many. Sec. 303. Government and industry consor- plagued by delays and inconvenience. I had every reason to believe that in tia. Sec. 304. Implementation of Article 83 Bis of This proposal threatens to overwhelm the negotiations with the House, the number of slots would come down the Chicago Convention. the new facilities, just as the previous Sec. 305. Foreign aviation services author- facilities were overwhelmed. However, below 24—usually the House and Sen- ity. now it would be worse. Now, we would ate split their differences—to, say 12, Sec. 306. Flexibility to perform criminal his- be facing increased aircraft delays. which although I still would not like to tory record checks; technical There would be delays and inconven- see 12 additional slots, for safety and amendments to Pilot Records ience both on the ground and in the other reasons, 90 other Senators felt Improvement Act. air. there should be additional slots. Sec. 307. Aviation insurance program Any discussion of operations at So recognizing the preponderance of amendments. the Senate wanted additional slots, I Sec. 308. Technical corrections to civil pen- Reagan National cannot occur without alty provisions. a recognition of the impact these in- was willing to accept. Senator MCCAIN Sec. 309. Criminal penalty for pilots operat- creased flights will have on aircraft did not break his deal with me because ing in air transportation with- noise. One of the principal reasons why the House would not accept any. So out an airman’s certificate. many in the Washington region were so now he will soon be back here on the Sec. 310. Nondiscriminatory interline inter- wary of improvements at Reagan Na- floor, presumably with another bill for connection requirements. tional, making it more attractive for 48 slots. I think that is too high. My TITLE IV—TITLE 49 TECHNICAL additional flights and increased noise bill hopefully will be put on as an CORRECTIONS levels, appears to be coming true. amendment, as a substitute, in the Sec. 401. Restatement of 49 U.S.C. 106(g). My colleagues will attempt to per- course of that deliberation. Sec. 402. Restatement of 49 U.S.C. 44909. suade you that these new flights, based Mr. President, I ask unanimous con- TITLE V—MISCELLANEOUS on noise measurement techniques, will sent that the text of the bill be printed Sec. 501. Oversight of FAA response to year not result in noticeable increases in in the RECORD. 2000 problem. noise levels. The plain fact is that the There being no objection, the bill was Sec. 502. Cargo collision avoidance systems increased flights included in the Com- ordered to be printed in the RECORD, as deadline. Sec. 503. Runway safety areas; precision ap- mittee bill will result in about 16,000 follows: S. 536 proach path indicators. new flights each year at Reagan Na- Sec. 504. Airplane emergency locators. tional. Do any of us believe that 16,000 Be it enacted by the Senate and House of Rep- Sec. 505. Counterfeit aircraft parts. new flights will not result in a ‘‘notice- resentatives of the United States of America in Sec. 506. FAA may fine unruly passengers. able’’ increase in noise. Congress assembled, Sec. 507. Higher standards for handicapped Mr. President, I regret that I must SECTION 1. SHORT TITLE; TABLE OF SECTIONS. access. (a) SHORT TITLE.—This Act may be cited as Sec. 508. Conveyances of United States Gov- oppose the recommendations of the the ‘‘Wendell H. Ford National Air Transpor- Commerce Committee to add another ernment land. tation System Improvement Act of 1998’’. Sec. 509. Flight operations quality assurance 48 slots at Reagan National. This is an (b) TABLE OF SECTIONS.—The table of sec- rules. unjustified increase that has not been tions for this Act is as follows: Sec. 510. Wide area augmentation system. thoroughly examined by the FAA. I be- Sec. 1. Short title; table of sections. Sec. 511. Regulation of Alaska air guides. lieve it has the very real possibility of Sec. 2. Amendments to title 49, United Sec. 512. Application of FAA regulations. jeopardizing the significant improve- States Code. Sec. 513. Human factors program. ments made at Reagan National in the TITLE I—AUTHORIZATIONS Sec. 514. Independent validation of FAA past 10 years and will return the air- Sec. 101. Federal Aviation Administration costs and allocations. port to the days of poor service, delays operations. Sec. 515. Whistleblower protection for FAA Sec. 102. Air navigation facilities and equip- employees. and overcrowding. ment. Sec. 516. Report on modernization of oceanic The current temporary extension of Sec. 103. Airport planning and development ATC system. FAA activities and AIP funding expires and noise compatibility plan- Sec. 517. Report on air transportation over- at the end of this month. I readily rec- ning and programs. sight system. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2289 Sec. 518. Recycling of EIS. Sec. 810. Reports. ‘‘(H) $50,500,000 for air traffic control facili- Sec. 519. Protection of employees providing Sec. 811. Audit of financial transactions. ties and equipment: other ATC facilities pro- air safety information. Sec. 812. Advisory board. grams; Sec. 520. Improvements to air navigation fa- Sec. 813. Definitions. ‘‘(I) $162,400,000 for non-ATC facilities and cilities. Sec. 814. Termination. equipment programs; Sec. 521. Denial of airport access to certain Sec. 815. Authorization of appropriations. ‘‘(J) $14,500,000 for training and equipment air carriers. TITLE IX—EXTENSION OF AIRPORT AND facilities programs; Sec. 522. Tourism. AIRWAY TRUST FUND EXPENDITURE ‘‘(K) $280,800,000 for mission support pro- Sec. 523. Equivalency of FAA and EU safety AUTHORITY grams; standards. Sec. 901. Extension of expenditure author- ‘‘(L) $235,210,000 for personnel and related Sec. 524. Sense of the Senate on property ity. expenses; and taxes on public-use airports. SEC. 2. AMENDMENTS TO TITLE 49, UNITED ‘‘(2) $2,189,000,000 for fiscal year 2000.’’. Sec. 525. Federal Aviation Administration STATES CODE. (b) CONTINUATION OF ILS INVENTORY PRO- Personnel Management Sys- Except as otherwise expressly provided, GRAM.—Section 44502(a)(4)(B) is amended— tem. whenever in this Act an amendment or re- (1) by striking ‘‘fiscal years 1995 and 1996’’ Sec. 526. Aircraft and aviation component peal is expressed in terms of an amendment and inserting ‘‘fiscal years 1999 and 2000’’; repair and maintenance advi- to, or a repeal of, a section or other provi- and sory panel. sion, the reference shall be considered to be (2) by striking ‘‘acquisition,’’ and inserting Sec. 527. Report on enhanced domestic air- made to a section or other provision of title ‘‘acquisition under new or existing con- line competition. 49, United States Code. tracts,’’. Sec. 528. Aircraft situational display data. (c) LIFE-CYCLE COST ESTIMATES.—The Ad- Sec. 529. To express the sense of the Senate TITLE I—AUTHORIZATIONS ministrator of the Federal Aviation Admin- concerning a bilateral agree- SEC. 101. FEDERAL AVIATION ADMINISTRATION istration shall establish life-cycle cost esti- ment between the United OPERATIONS. mates for any air traffic control moderniza- States and the United Kingdom (a) IN GENERAL.—Section 106(k) is amended tion project the total life-cycle costs of regarding Charlotte-London to read as follows: which equal or exceed $50,000,000. route. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS Sec. 530. To express the sense of the Senate FOR OPERATIONS.— SEC. 103. AIRPORT PLANNING AND DEVELOP- concerning a bilateral agree- ‘‘(1) IN GENERAL.—There are authorized to MENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS. ment between the United be appropriated to the Secretary of Trans- (a) EXTENSION AND AUTHORIZATION.—Sec- States and the United Kingdom portation for operations of the Administra- tion 48103 is amended by— regarding Cleveland-London tion $5,631,000,000 for fiscal year 1999 and (1) striking ‘‘September 30, 1996,’’ and in- route. $5,784,000,000 for fiscal year 2000. Of the Sec. 531. Allocation of Trust Fund funding. amounts authorized to be appropriated for serting ‘‘September 30, 1998,’’; and Sec. 532. Taos Pueblo and Blue Lakes Wil- fiscal year 1999, not more than $9,100,000 shall (2) striking ‘‘$2,280,000,000 for fiscal years derness Area demonstration be used to support air safety efforts through ending before October 1, 1997, and project. payment of United States membership obli- $4,627,000,000 for fiscal years ending before Sec. 533. Airline marketing disclosure. gations, to be paid as soon as practicable. October 1, 1998.’’ and inserting ‘‘$2,410,000,000 Sec. 534. Certain air traffice control towers. ‘‘(2) AUTHORIZED EXPENDITURES.—Of the for fiscal years ending before October 1, 1999 Sec. 535. Compensation under the Death on amounts appropriated under paragraph (1) and $4,885,000,000 for fiscal years ending be- the High Seas Act. $450,000 may be used for wildlife hazard miti- fore October 1, 2000.’’. (b) PROJECT GRANT AUTHORITY.—Section TITLE VI—AVIATION COMPETITION gation measures and management of the 47104(c) is amended by striking ‘‘1998,’’ and PROMOTION wildlife strike database of the Federal Avia- tion Administration. inserting ‘‘2002,’’. Sec. 601. Purpose. ‘‘(3) UNIVERSITY CONSORTIUM.—There are SEC. 104. REPROGRAMMING NOTIFICATION RE- Sec. 602. Establishment of small community authorized to be appropriated not more than QUIREMENT. aviation development program. $9,100,000 for the 3 fiscal year period begin- Before reprogramming any amounts appro- Sec. 603. Community-carrier air service pro- ning with fiscal year 1999 to support a uni- priated under section 106(k), 48101(a), or 48103 gram. versity consortium established to provide an of title 49, United States Code, for which no- Sec. 604. Authorization of appropriations. air safety and security management certifi- tification of the Committees on Appropria- Sec. 605. Marketing practices. cate program, working cooperatively with tions of the Senate and the House of Rep- Sec. 606. Slot exemptions for nonstop re- the Federal Aviation Administration and resentatives is required, the Secretary of gional jet service. United States air carriers. Funds authorized Sec. 607. Exemptions to perimeter rule at Transportation shall submit a written expla- under this paragraph— Ronald Reagan Washington Na- nation of the proposed reprogramming to the ‘‘(A) may not be used for the construction tional Airport. Committee on Commerce, Science, and of a building or other facility; and Sec. 608. Additional slot exemptions at Chi- Transportation of the Senate and the Com- ‘‘(B) shall be awarded on the basis of open cago O’Hare International Air- mittee on Transportation and Infrastructure competition.’’. port. of the House of Representatives. (b) COORDINATION.—The authority granted Sec. 609. Consumer notification of e-ticket SEC. 105. AIRPORT SECURITY PROGRAM. the Secretary under section 41717 of title 49, expiration dates. (a) IN GENERAL.—Chapter 471 (as amended United States Code, does not affect the Sec- Sec. 610. Joint venture agreements. by section 202(a) of this Act) is amended by Sec. 611. Regional air service incentive op- retary’s authority under any other provision adding at the end thereof the following new tions. of law. section: SEC. 102. AIR NAVIGATION FACILITIES AND Sec. 612. GAO study of air transportation ‘‘§ 47136. Airport security program needs. EQUIPMENT. (a) IN GENERAL.—Section 48101(a) is amend- ‘‘(a) GENERAL AUTHORITY.—To improve se- TITLE VII—NATIONAL PARK ed by striking paragraphs (1) and (2) and in- curity at public airports in the United OVERFLIGHTS serting the following: States, the Secretary of Transportation shall Sec. 701. Findings. ‘‘(1) for fiscal year 1999— carry out not less than 1 project to test and Sec. 702. Air tour management plans for na- ‘‘(A) $222,800,000 for engineering, develop- evaluate innovative airport security systems tional parks. ment, test, and evaluation: en route pro- and related technology. Sec. 703. Advisory group. grams; ‘‘(b) PRIORITY.—In carrying out this sec- Sec. 704. Overflight fee report. ‘‘(B) $74,700,000 for engineering, develop- tion, the Secretary shall give the highest Sec. 705. Prohibition of commercial air ment, test, and evaluation: terminal pro- priority to a request from an eligible sponsor tours over the Rocky Mountain grams; for a grant to undertake a project that— National Park. ‘‘(C) $108,000,000 for engineering, develop- ‘‘(1) evaluates and tests the benefits of in- TITLE VIII—CENTENNIAL OF FLIGHT ment, test, and evaluation: landing and navi- novative airport security systems or related COMMEMORATION gational aids; technology, including explosives detection Sec. 801. Short title. ‘‘(D) $17,790,000 for engineering, develop- systems, for the purpose of improving air- Sec. 802. Findings. ment, test, and evaluation: research, test, port and aircraft physical security and ac- Sec. 803. Establishment. and evaluation equipment and facilities pro- cess control; and Sec. 804. Membership. grams; ‘‘(2) provides testing and evaluation of air- Sec. 805. Duties. ‘‘(E) $391,358,300 for air traffic control fa- port security systems and technology in an Sec. 806. Powers. cilities and equipment: en route programs; operational, test bed environment. Sec. 807. Staff and support services. ‘‘(F) $492,315,500 for air traffic control fa- ‘‘(c) MATCHING SHARE.—Notwithstanding Sec. 808. Contributions. cilities and equipment: terminal programs; section 47109, the United States Govern- Sec. 809. Exclusive right to name, logos, em- ‘‘(G) $38,764,400 for air traffic control facili- ment’s share of allowable project costs for a blems, seals, and marks. ties and equipment: flight services programs; project under this section is 100 percent. S2290 CONGRESSIONAL RECORD — SENATE March 4, 1999

‘‘(d) TERMS AND CONDITIONS.—The Sec- ‘‘(2) commercial bond insurance and other (2) inserting after clause (i) the following: retary may establish such terms and condi- credit enhancement associated with airport ‘‘(ii) a privately-owned airport that, as a tions as the Secretary determines appro- bonds for eligible airport development; and reliever airport, received Federal aid for air- priate for carrying out a project under this ‘‘(3) flexible non-Federal matching require- port development prior to October 9, 1996, section, including terms and conditions re- ments.’’. but only if the Administrator issues revised lating to the form and content of a proposal (b) CONFORMING AMENDMENT.—The chapter administrative guidance after July 1, 1998, for a project, project assurances, and sched- analysis for chapter 471 is amended by in- for the designation of reliever airports; or’’. ule of payments. serting after the item relating to section (g) RELIEVER AIRPORTS NOT ELIGIBLE FOR ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this 47134 the following: LETTERS OF INTENT.—Section 47110(e)(1) is section, the term ‘eligible sponsor’ means a ‘‘47135. Innovative financing techniques.’’. amended by striking ‘‘or reliever’’. nonprofit corporation composed of a consor- SEC. 203. MATCHING SHARE. (h) PASSENGER FACILITY FEE WAIVER FOR tium of public and private persons, including Section 47109(a)(2) is amended by inserting CERTAIN CLASS OF CARRIERS.—Section a sponsor of a primary airport, with the nec- ‘‘not more than’’ before ‘‘90 percent’’. 40117(e)(2) is amended— essary engineering and technical expertise to SEC. 204. INCREASE IN APPORTIONMENT FOR (1) by striking ‘‘and’’ after the semicolon successfully conduct the testing and evalua- NOISE COMPATIBILITY PLANNING in subparagraph (B); tion of airport and aircraft related security AND PROGRAMS. (2) by striking ‘‘payment.’’ in subpara- systems. Section 47117(e)(1)(A) is amended by strik- graph (C) and inserting ‘‘payment; and’’; and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ing ‘‘31’’ each time it appears and substitut- (3) by adding at the end thereof the follow- Of the amounts made available to the Sec- ing ‘‘35’’. ing: retary under section 47115 in a fiscal year, SEC. 205. TECHNICAL AMENDMENTS. ‘‘(D) in Alaska aboard an aircraft having a the Secretary shall make available not less (a) USE OF APPORTIONMENTS FOR ALASKA, seating capacity of less than 20 passengers.’’. than $5,000,000 for the purpose of carrying PUERTO RICO, AND HAWAII.—Section (i) PASSENGER FACILITY FEE WAIVER FOR out this section.’’. 47114(d)(3) is amended to read as follows: CERTAIN CLASS OF CARRIERS OR FOR SERVICE (b) CONFORMING AMENDMENT.—The chapter ‘‘(3) An amount apportioned under para- TO AIRPORTS IN ISOLATED COMMUNITIES.—Sec- analysis for such chapter (as amended by graph (2) of this subsection for airports in tion 40117(i) is amended— section 202(b) of this Act) is amended by in- Alaska, Hawaii, or Puerto Rico may be made (1) by striking ‘‘and’’ at the end of para- serting after the item relating to section available by the Secretary for any public air- graph (1); 47135 the following: port in those respective jurisdictions.’’. (2) by striking ‘‘transportation.’’ in para- ‘‘47136. Airport security program.’’. (b) SUPPLEMENTAL APPORTIONMENT FOR graph (2)(D) and inserting ‘‘transportation; ALASKA.—Section 47114(e) is amended— SEC. 106. CONTRACT TOWER PROGRAM. and’’; and (1) by striking ‘‘ALTERNATIVE’’ in the sub- There are authorized to be appropriated to (3) by adding at the end thereof the follow- section caption and inserting ‘‘SUPPLE- the Secretary of Transportation such sums ing: MENTAL’’; as may be necessary to carry out the Federal ‘‘(3) may permit a public agency to request (2) in paragraph (1) by— Contract Tower Program under title 49, that collection of a passenger facility fee be (A) striking ‘‘Instead of apportioning United States Code. waived for— amounts for airports in Alaska under’’ and ‘‘(A) passengers enplaned by any class of SEC. 107. AUTOMATED SURFACE OBSERVATION inserting ‘‘Notwithstanding’’; and air carrier or foreign air carrier if the num- SYSTEM STATIONS. (B) striking ‘‘those airports’’ and inserting ber of passengers enplaned by the carriers in The Administrator of the Federal Aviation ‘‘airports in Alaska’’; and the class constitutes not more than one per- Administration shall not terminate human (3) striking paragraph (3) and inserting the cent of the total number of passengers en- weather observers for Automated Surface following: planed annually at the airport at which the Observation System stations until— ‘‘(3) An amount apportioned under this fee is imposed; or (1) the Secretary of Transportation deter- subsection may be used for any public air- ‘‘(B) passengers enplaned on a flight to an mines that the System provides consistent port in Alaska.’’. airport— reporting of changing meteorological condi- (c) REPEAL OF APPORTIONMENT LIMITATION ‘‘(i) that has fewer than 2,500 passenger tions and notifies the Congress in writing of ON COMMERCIAL SERVICE AIRPORTS IN ALAS- boardings each year and receives scheduled that determination; and KA.—Section 47117 is amended by striking passenger service; or (2) 60 days have passed since the report was subsection (f) and redesignating subsections ‘‘(ii) in a community which has a popu- submitted to the Congress. (g) and (h) as subsections (f) and (g), respec- lation of less than 10,000 and is not connected TITLE II—AIRPORT IMPROVEMENT tively. by a land highway or vehicular way to the PROGRAM AMENDMENTS (d) DISCRETIONARY FUND DEFINITION.— land-connected National Highway System SEC. 201. REMOVAL OF THE CAP ON DISCRE- (1) Section 47115 is amended— within a State.’’. TIONARY FUND. (A) by striking ‘‘25’’ in subsection (a) and (j) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY Section 47115(g) is amended by striking inserting ‘‘12.5’’; and FOR AIRPORTS IN SURPLUS PROPERTY DIS- paragraph (4). (B) by striking the second sentence in sub- POSAL.— SEC. 202. INNOVATIVE USE OF AIRPORT GRANT section (b). (1) Section 47151 is amended— FUNDS. (2) Section 47116 is amended— (A) by striking ‘‘give’’ in subsection (a) and (a) CODIFICATION AND IMPROVEMENT OF 1996 (A) by striking ‘‘75’’ in subsection (a) and inserting ‘‘convey to’’; PROGRAM.—Subchapter I of chapter 471 is inserting ‘‘87.5’’; (B) by striking ‘‘gift’’ in subsection (a)(2) amended by adding at the end thereof the (B) by redesignating paragraphs (1) and (2) and inserting ‘‘conveyance’’; following: in subsection (b) as subparagraphs (A) and (C) by striking ‘‘giving’’ in subsection (b) (B), respectively, and inserting before sub- ‘‘§ 47135. Innovative financing techniques and inserting ‘‘conveying’’; paragraph (A), as so redesignated, the follow- (D) by striking ‘‘gift’’ in subsection (b) and ‘‘(a) IN GENERAL.—The Secretary of Trans- ing: inserting ‘‘conveyance’’; and portation is authorized to carry out a dem- ‘‘(1) one-seventh for grants for projects at (E) by adding at the end thereof the follow- onstration program under which the Sec- small hub airports (as defined in section ing: retary may approve applications under this 41731 of this title); and ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Ex- subchapter for not more than 20 projects for ‘‘(2) the remaining amounts based on the cept for requests from another Federal agen- which grants received under the subchapter following:’’. cy, a department, agency, or instrumentality may be used to implement innovative financ- (e) CONTINUATION OF PROJECT FUNDING.— of the Executive Branch of the United States ing techniques. Section 47108 is amended by adding at the Government shall give priority to a request ‘‘(b) PURPOSE.—The purpose of the dem- end thereof the following: by a public agency (as defined in section onstration program shall be to provide infor- ‘‘(e) CHANGE IN AIRPORT STATUS.—If the 47102 of this title) for surplus property de- mation on the use of innovative financing status of a primary airport changes to a non- scribed in subsection (a) of this section for techniques for airport development projects. primary airport at a time when a develop- use at a public airport.’’. ‘‘(c) LIMITATION—In no case shall the im- ment project under a multiyear agreement (2) Section 47152 is amended— plementation of an innovative financing under subsection (a) is not yet completed, (A) by striking ‘‘gifts’’ in the section cap- technique under this section be used in a the project shall remain eligible for funding tion and inserting ‘‘conveyances’’; and manner giving rise to a direct or indirect from discretionary funds under section 47115 (B) by striking ‘‘gift’’ in the first sentence guarantee of any airport debt instrument by of this title at the funding level and under and inserting ‘‘conveyance’’. the United States Government. the terms provided by the agreement, sub- (3) The chapter analysis for chapter 471 is ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- ject to the availability of funds.’’. amended by striking the item relating to FINED.—In this section, the term ‘innovative (f) GRANT ELIGIBILITY FOR PRIVATE RE- section 47152 and inserting the following: financing technique’ includes methods of fi- LIEVER AIRPORTS.—Section 47102(17)(B) is nancing projects that the Secretary deter- amended by— ‘‘47152. Terms of conveyances.’’. mines may be beneficial to airport develop- (1) striking ‘‘or’’ at the end of clause (i) (4) Section 47153(a) is amended— ment, including— and redesignating clause (ii) as clause (iii); (A) by striking ‘‘gift’’ in paragraph (1) and ‘‘(1) payment of interest; and inserting ‘‘conveyance’’; March 4, 1999 CONGRESSIONAL RECORD — SENATE S2291 (B) by striking ‘‘given’’ in paragraph (1)(A) (2) by striking the ‘‘States.’’ in subclause for the total amount of a contract entered and inserting ‘‘conveyed’’; and (II) and inserting ‘‘States; or’’; and into under the authority of subsection (a) of (C) by striking ‘‘gift’’ in paragraph (1)(B) (3) by adding at the end thereof the follow- this section.’’. and inserting ‘‘conveyance’’. ing: (b) CONFORMING AMENDMENT.—The chapter (k) APPORTIONMENT FOR CARGO ONLY AIR- ‘‘(III) transporting persons aboard the air- analysis for chapter 401 is amended by add- PORTS.—Section 47114(c)(2)(A) is amended by craft if the aircraft is operated for the pur- ing at the end thereof the following: striking ‘‘2.5 percent’’ and inserting ‘‘3 per- pose of prisoner transport.’’. ‘‘40125. Severable services contracts for peri- cent’’. SEC. 211. TERMINAL DEVELOPMENT COSTS. ods crossing fiscal years.’’. (l) FLEXIBILITY IN PAVEMENT DESIGN Section 40117 is amended by adding at the SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR STANDARDS.—Section 47114(d) is amended by end thereof the following: WAIVER UNDER AIRPORT NOISE adding at the end thereof the following: ‘‘(j) SHELL OF TERMINAL BUILDING.—In AND CAPACITY ACT. ‘‘(4) The Secretary may permit the use of order to enable additional air service by an The first sentence of section 47528(b)(1) is State highway specifications for airfield air carrier with less than 50 percent of the amended by inserting ‘‘or foreign air car- pavement construction using funds made scheduled passenger traffic at an airport, the rier’’ after ‘‘air carrier’’ the first place it ap- available under this subsection at nonpri- Secretary may consider the shell of a termi- pears and after ‘‘carrier’’ the first place it mary airports with runways of 5,000 feet or nal building (including heating, ventilation, appears. shorter serving aircraft that do not exceed and air conditioning) and aircraft fueling fa- SEC. 303. GOVERNMENT AND INDUSTRY CONSOR- 60,000 pounds gross weight, if the Secretary cilities adjacent to an airport terminal TIA. Section 44903 is amended by adding at the determines that— building to be an eligible airport-related end thereof the following: ‘‘(A) safety will not be negatively affected; project under subsection (a)(3)(E).’’. ‘‘(f) GOVERNMENT AND INDUSTRY CONSOR- and SEC. 212. AIRFIELD PAVEMENT CONDITIONS. ‘‘(B) the life of the pavement will not be TIA.—The Administrator may establish at (a) EVALUATION OF OPTIONS.—The Adminis- shorter than it would be if constructed using airports such consortia of government and trator of the Federal Aviation Administra- aviation industry representatives as the Ad- Administration standards. tion shall evaluate options for improving the An airport may not seek funds under this ministrator may designate to provide advice quality of information available to the Ad- on matters related to aviation security and subchapter for runway rehabilitation or re- ministration on airfield pavement conditions construction of any such airfield pavement safety. Such consortia shall not be consid- for airports that are part of the national air ered federal advisory committees for pur- constructed using State highway specifica- transportation system, including— poses of the Federal Advisory Committee tions for a period of 10 years after construc- (1) improving the existing runway condi- Act (5 U.S.C. App.).’’. tion is completed.’’. tion information contained in the Airport SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS SEC. 206. REPEAL OF PERIOD OF APPLICABILITY. Safety Data Program by reviewing and revis- OF THE CHICAGO CONVENTION. Section 125 of the Federal Aviation Reau- ing rating criteria and providing increased Section 44701 is amended— thorization Act of 1996 (49 U.S.C. 47114 note) training for inspectors; (1) by redesignating subsection (e) as sub- is repealed. (2) requiring such airports to submit pave- section (f); and SEC. 207. REPORT ON EFFORTS TO IMPLEMENT ment condition index information as part of (2) by inserting after subsection (d) the fol- CAPACITY ENHANCEMENTS. their airport master plan or as support in ap- lowing: Within 9 months after the date of enact- plications for airport improvement grants; ‘‘(e) BILATERAL EXCHANGES OF SAFETY ment of this Act, the Secretary of Transpor- and OVERSIGHT RESPONSIBILITIES.— tation shall report to the Committee on (3) requiring all such airports to submit ‘‘(1) Notwithstanding the provisions of this Commerce, Science, and Transportation of pavement condition index information on a chapter, and pursuant to Article 83 bis of the the Senate and the Committee on Transpor- regular basis and using this information to Convention on International Civil Aviation, tation and Infrastructure of the House of create a pavement condition database that the Administrator may, by a bilateral agree- Representatives on efforts by the Federal could be used in evaluating the cost-effec- ment with the aeronautical authorities of Aviation Administration to implement ca- tiveness of project applications and forecast- another country, exchange with that country pacity enhancements and improvements, ing anticipated pavement needs. all or part of their respective functions and such as precision runway monitoring sys- (b) REPORT TO CONGRESS.—The Adminis- duties with respect to aircraft described in tems, and the time frame for implementa- trator shall transmit a report, containing an subparagraphs (A) and (B), under the follow- tion of such enhancements and improve- evaluation of such options, to the Senate ing articles of the Convention: ments. Committee on Commerce, Science, and ‘‘(A) Article 12 (Rules of the Air). SEC. 208. PRIORITIZATION OF DISCRETIONARY Transportation and the House of Representa- ‘‘(B) Article 31 (Certificates of Airworthi- PROJECTS. tives Committee on Transportation and In- ness). Section 47120 is amended by— frastructure not later than 12 months after ‘‘(C) Article 32a (Licenses of Personnel). (1) inserting ‘‘(a) IN GENERAL.—’’ before the date of enactment of this Act. ‘‘(2) The agreement under paragraph (1) may ‘‘In’’; and SEC. 213. DISCRETIONARY GRANTS. apply to— (2) adding at the end thereof the following: Notwithstanding any limitation on the ‘‘(A) aircraft registered in the United ‘‘(b) DISCRETIONARY FUNDING TO BE USED amount of funds that may be expended for States operated pursuant to an agreement FOR HIGHER PRIORITY PROJECTS.—The Ad- grants for noise abatement, if any funds for the lease, charter, or interchange of the ministrator of the Federal Aviation Admin- made available under section 48103 of title 49, aircraft or any similar arrangement by an istration shall discourage airport sponsors United States Code, remain available at the operator that has its principal place of busi- and airports from using entitlement funds end of the fiscal year for which those funds ness, or, if it has no such place of business, for lower priority projects by giving lower were made available, and are not allocated its permanent residence, in another country; priority to discretionary projects submitted under section 47115 of that title, or under any or by airport sponsors and airports that have other provision relating to the awarding of ‘‘(B) aircraft registered in a foreign coun- used entitlement funds for projects that have discretionary grants from unobligated funds try operated under an agreement for the a lower priority than the projects for which made available under section 48103 of that lease, charter, or interchange of the aircraft discretionary funds are being requested.’’. title, the Secretary of Transportation may or any similar arrangement by an operator SEC. 209. PUBLIC NOTICE BEFORE GRANT ASSUR- use those funds to make discretionary grants that has its principal place of business, or, if ANCE REQUIREMENT WAIVED. for noise abatement activities. it has no such place of business, its perma- (a) IN GENERAL.—Notwithstanding any nent residence, in the United States. TITLE III—AMENDMENTS TO AVIATION other provision of law to the contrary, the ‘‘(3) The Administrator relinquishes re- LAW Secretary of Transportation may not waive sponsibility with respect to the functions any assurance required under section 47107 of SEC. 301. SEVERABLE SERVICES CONTRACTS FOR and duties transferred by the Administrator title 49, United States Code, that requires PERIODS CROSSING FISCAL YEARS. as specified in the bilateral agreement, property to be used for aeronautical purposes (a) Chapter 401 is amended by adding at the under the Articles listed in paragraph (1) of unless the Secretary provides notice to the end thereof the following: this subsection for United States-registered public not less than 30 days before issuing ‘‘§ 40125. Severable services contracts for pe- aircraft transferred abroad as described in any such waiver. Nothing in this section riods crossing fiscal years subparagraph (A) of that paragraph, and ac- shall be construed to authorize the Secretary ‘‘(a) IN GENERAL.—The Administrator of cepts responsibility with respect to the func- to issue a waiver of any assurance required the Federal Aviation Administration may tions and duties under those Articles for air- under that section. enter into a contract for procurement of sev- craft registered abroad that are transferred (b) EFFECTIVE DATE.—This section applies erable services for a period that begins in to the United States as described in subpara- to any request filed on or after the date of one fiscal year and ends in the next fiscal graph (B) of that paragraph. enactment of this Act. year if (without regard to any option to ex- ‘‘(4) The Administrator may, in the agree- SEC. 210. DEFINITION OF PUBLIC AIRCRAFT. tend the period of the contract) the contract ment under paragraph (1), predicate the Section 40102(a)(37)(B)(ii) is amended— period does not exceed one year. transfer of these functions and duties on any (1) by striking ‘‘or’’ at the end of subclause ‘‘(b) OBLIGATION OF FUNDS.—Funds made conditions the Administrator deems nec- (I); available for a fiscal year may be obligated essary and prudent.’’. S2292 CONGRESSIONAL RECORD — SENATE March 4, 1999 SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- without an airman’s certificate authorizing TITLE IV—TITLE 49 TECHNICAL ITY. the individual to serve in that capacity; or CORRECTIONS Section 45301 is amended by striking ‘‘gov- ‘‘(2) knowingly and willfully employs for SEC. 401. RESTATEMENT OF 49 U.S.C. 106(g). ernment.’’ in subsection (a)(2) and inserting service or uses in any capacity as an airman (a) IN GENERAL.—Section 106(g) is amended ‘‘government or to any entity obtaining an individual who does not have an airman’s by striking ‘‘40113(a), (c), and (d), 40114(a), services outside the United States.’’. certificate authorizing the individual to 40119, 44501(a) and (c), 44502(a)(1), (b) and (c), SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL serve in that capacity. 44504, 44505, 44507, 44508, 44511–44513, 44701– HISTORY RECORD CHECKS; TECH- ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PEN- 44716, 44718(c), 44721(a), 44901, 44902, 44903(a)– NICAL AMENDMENTS TO PILOT ALTY.—(1) In this subsection, the term ‘con- (c) and (e), 44906, 44912, 44935–44937, and RECORDS IMPROVEMENT ACT. trolled substance’ has the same meaning 44938(a) and (b), chapter 451, sections 45302– Section 44936 is amended— given that term in section 102 of the Com- 45304,’’ and inserting ‘‘40113(a), (c)–(e), (1) by striking ‘‘subparagraph (C))’’ in sub- prehensive Drug Abuse Prevention and Con- 40114(a), and 40119, and chapter 445 (except section (a)(1)(B) and inserting ‘‘subparagraph trol Act of 1970 (21 U.S.C. 802). (C), or in the case of passenger, baggage, or ‘‘(2) An individual violating subsection (b) sections 44501(b), 44502(a)(2)–(4), 44503, 44506, property screening at airports, the Adminis- shall be fined under title 18, imprisoned for 44509, 44510, 44514, and 44515), chapter 447 (ex- trator decides it is necessary to ensure air not more than 5 years, or both, if the viola- cept sections 44717, 44718(a) and (b), 44719, transportation security)’’; tion is related to transporting a controlled 44720, 44721(b), 44722, and 44723), chapter 449 (2) by striking ‘‘individual’’ in subsection substance by aircraft or aiding or facilitat- (except sections 44903(d), 44904, 44905, 44907– (f)(1)(B)(ii) and inserting ‘‘individual’s per- ing a controlled substance violation and that 44911, 44913, 44915, and 44931–44934), chapter formance as a pilot’’; and transporting, aiding, or facilitating— 451, chapter 453, sections’’. (3) by inserting ‘‘or from a foreign govern- ‘‘(A) is punishable by death or imprison- (b) TECHNICAL CORRECTION.—The amend- ment or entity that employed the individ- ment of more than 1 year under a Federal or ment made by this section may not be con- ual,’’ in subsection (f)(14)(B) after ‘‘exists,’’. State law; or strued as making a substantive change in SEC. 307. AVIATION INSURANCE PROGRAM ‘‘(B) is related to an act punishable by the language replaced. AMENDMENTS. death or imprisonment for more than 1 year SEC. 402. RESTATEMENT OF 49 U.S.C. 44909. (a) REIMBURSEMENT OF INSURED PARTY’S under a Federal or State law related to a Section 44909(a)(2) is amended by striking SUBROGEE.—Subsection (a) of 44309 is controlled substance (except a law related to ‘‘shall’’ and inserting ‘‘should’’. amended— simple possession (as that term is used in TITLE V—MISCELLANEOUS (1) by striking the subsection caption and section 46306(c)) of a controlled substance). the first sentence, and inserting the follow- SEC. 501. OVERSIGHT OF FAA RESPONSE TO YEAR ‘‘(3) A term of imprisonment imposed 2000 PROBLEM. ing: under paragraph (2) shall be served in addi- The Administrator of the Federal Aviation ‘‘(a) LOSSES.— tion to, and not concurrently with, any other Administration shall report to the Senate ‘‘(1) A person may bring a civil action in a term of imprisonment imposed on the indi- district court of the United States or in the Committee on Commerce, Science, and vidual subject to the imprisonment.’’. Transportation and the House Committee on United States Court of Federal Claims (b) CLERICAL AMENDMENT.—The table of Transportation and Infrastructure every 3 against the United States Government sections at the beginning of chapter 463 of months, in oral or written form, on elec- when— title 49, United States Code, is amended by tronic data processing problems associated ‘‘(A) a loss insured under this chapter is in adding at the end the following: dispute; or with the year 2000 within the Administra- ‘‘46317. Criminal penalty for pilots operating tion. ‘‘(B)(i) the person is subrogated to the in air transportation without rights against the United States Government an airman’s certificate.’’. SEC. 502. CARGO COLLISION AVOIDANCE SYS- TEMS DEADLINE. of a party insured under this chapter (other SEC. 310. NONDISCRIMINATORY INTERLINE (a) IN GENERAL.—The Administrator of the than under subsection 44305(b) of this title), INTERCONNECTION REQUIRE- under a contract between the person and MENTS. Federal Aviation Administration shall re- such insured party; and (a) IN GENERAL.—Subchapter I of chapter quire by regulation that, not later than De- ‘‘(ii) the person has paid to such insured 417 of title 49, United States Code, is amend- cember 31, 2002, collision avoidance equip- party, with the approval of the Secretary of ed by adding at the end thereof the follow- ment be installed on each cargo aircraft with Transportation, an amount for a physical ing: a payload capacity of 15,000 kilograms or more. damage loss that the Secretary of Transpor- ‘‘§ 41716. Interline agreements for domestic (b) EXTENSION.—The Administrator may tation has determined is a loss covered under transportation extend the deadline imposed by subsection insurance issued under this chapter (other ‘‘(a) NONDISCRIMINATORY REQUIREMENTS.— than insurance issued under subsection (a) for not more than 2 years if the Adminis- If a major air carrier that provides air serv- trator finds that the extension is needed to 44305(b) of this title).’’; and ice to an essential airport facility has any (2) by resetting the remainder of the sub- promote— agreement involving ticketing, baggage and (1) a safe and orderly transition to the op- section as a new paragraph and inserting ground handling, and terminal and gate ac- eration of a fleet of cargo aircraft equipped ‘‘(2)’’ before ‘‘A civil action’’. cess with another carrier, it shall provide with collision avoidance equipment; or (b) EXTENSION OF AVIATION INSURANCE PRO- the same services to any requesting air car- (2) other safety or public interest objec- GRAM.—Section 44310 is amended by striking rier that offers service to a community se- tives. ‘‘1998.’’ and inserting ‘‘2003.’’. lected for participation in the program under (c) COLLISION AVOIDANCE EQUIPMENT.—For SEC. 308. TECHNICAL CORRECTIONS TO CIVIL section 41743 under similar terms and condi- purposes of this section, the term ‘‘collision PENALTY PROVISIONS. tions and on a nondiscriminatory basis with- avoidance equipment’’ means TCAS II equip- Section 46301 is amended— in 30 days after receiving the request, as long ment (as defined by the Administrator), or (1) by striking ‘‘46302, 46303, or’’ in sub- as the requesting air carrier meets such safe- any other similar system approved by the section (a)(1)(A); ty, service, financial, and maintenance re- Administration for collision avoidance pur- (2) by striking ‘‘individual’’ the first time quirements, if any, as the Secretary may by poses. it appears in subsection (d)(7)(A) and insert- regulation establish consistent with public ing ‘‘person’’; and convenience and necessity. The Secretary SEC. 503. RUNWAY SAFETY AREAS; PRECISION AP- (3) by inserting ‘‘or the Administrator’’ in must review any proposed agreement to de- PROACH PATH INDICATORS. subsection (g) after ‘‘Secretary’’. termine if the requesting carrier meets oper- Within 6 months after the date of enact- SEC. 309. CRIMINAL PENALTY FOR PILOTS OPER- ational requirements consistent with the ment of this Act, the Administrator of the ATING IN AIR TRANSPORTATION rules, procedures, and policies of the major Federal Aviation Administration shall so- WITHOUT AN AIRMAN’S CERTIFI- carrier. This agreement may be terminated licit comments on the need for— CATE. by either party in the event of failure to (1) the improvement of runway safety (a) IN GENERAL.—Chapter 463 of title 49, meet the standards and conditions outlined areas; and United States Code, is amended by adding at in the agreement.’’. (2) the installation of precision approach the end the following: ‘‘(b) DEFINITIONS.—In this section the term path indicators. ‘‘§ 46317. Criminal penalty for pilots operat- ‘essential airport facility’ means a large hub SEC. 504. AIRPLANE EMERGENCY LOCATORS. ing in air transportation without an air- airport (as defined in section 41731(a)(3)) in (a) REQUIREMENT.—Section 44712(b) is man’s certificate the contiguous 48 States in which one carrier amended to read as follows: ‘‘(a) APPLICATION.—This section applies has more than 50 percent of such airport’s ‘‘(b) NONAPPLICATION.—Subsection (a) does only to aircraft used to provide air transpor- total annual enplanements.’’. not apply to aircraft when used in— tation. (b) CLERICAL AMENDMENT.—The chapter ‘‘(1) scheduled flights by scheduled air car- ‘‘(b) GENERAL CRIMINAL PENALTY.—An indi- analysis for chapter 417 of title 49, United riers holding certificates issued by the Sec- vidual shall be fined under title 18, impris- States Code, is amended by inserting after retary of Transportation under subpart II of oned for not more than 3 years, or both, if the item relating to section 41715 the follow- this part; that individual— ing: ‘‘(2) training operations conducted entirely ‘‘(1) knowingly and willfully serves or at- ‘‘41716. Interline agreements for domestic within a 50-mile radius of the airport from tempts to serve in any capacity as an airman transportation.’’. which the training operations begin; March 4, 1999 CONGRESSIONAL RECORD — SENATE S2293

‘‘(3) flight operations related to the design ‘‘(e) AQUITTAL OR REVERSAL.— in the account established by section and testing, manufacture, preparation, and ‘‘(1) IN GENERAL.—The Administrator may 45303(c). delivery of aircraft; not revoke, and the Board may not affirm a ‘‘(b) COMPROMISE AND SETOFF.— ‘‘(4) showing compliance with regulations, revocation of, a certificate under subsection ‘‘(1) The Secretary of Transportation or exhibition, or air racing; or (b)(1)(B) of this section if the holder of the the Administrator may compromise the ‘‘(5) the aerial application of a substance certificate, or the individual, is acquitted of amount of a civil penalty imposed under sub- for an agricultural purpose.’’. all charges related to the violation. section (a). (b) COMPLIANCE.—Section 44712 is amended ‘‘(2) REISSUANCE.—The Administrator may ‘‘(2) The Government may deduct the by redesignating subsection (c) as subsection reissue a certificate revoked under sub- amount of a civil penalty imposed or com- (d), and by inserting after subsection (b) the section (b) of this section to the former hold- promised under this section from amounts it following: er if— owes the individual liable for the penalty.’’. ‘‘(c) COMPLIANCE.—An aircraft is deemed to ‘‘(A) the former holder otherwise satisfies (b) CONFORMING CHANGE.—The chapter meet the requirement of subsection (a) if it the requirements of this chapter for the cer- analysis for chapter 463 is amended by strik- is equipped with an emergency locator trans- tificate; ing the item relating to section 46316 and in- mitter that transmits on the 121.5/243 mega- ‘‘(B) the former holder, or individual, is ac- serting after the item relating to section hertz frequency or the 406 megahertz fre- quitted of all charges related to the violation 46315 the following: quency, or with other equipment approved on which the revocation was based; or ‘‘46316. Interference with cabin or flight by the Secretary for meeting the require- ‘‘(C) the conviction of the former holder, or crew. ment of subsection (a).’’. individual, of the violation on which the rev- ‘‘46317. General criminal penalty when spe- (c) EFFECTIVE DATE; REGULATIONS.— ocation was based is reversed. cific penalty not provided.’’. (1) REGULATIONS.—The Secretary of Trans- ‘‘(f) WAIVER.—The Administrator may SEC. 507. HIGHER STANDARDS FOR HANDI- portation shall promulgate regulations CAPPED ACCESS. under section 44712(b) of title 49, United waive revocation of a certificate under sub- section (b) of this section if— (a) ESTABLISHMENT OF HIGHER INTER- States Code, as amended by this section not NATIONAL STANDARDS.—The Secretary of later than January 1, 2002. ‘‘(1) a law enforcement official of the United States Government, or of a State Transportation shall work with appropriate (2) EFFECTIVE DATE.—The amendments (with respect to violations of State law), re- international organizations and the aviation made by this section shall take effect on authorities of other nations to bring about January 1, 2002. quests a waiver; or ‘‘(2) the waiver will facilitate law enforce- their establishment of higher standards for SEC. 505. COUNTERFEIT AIRCRAFT PARTS. ment efforts. accommodating handicapped passengers in (a) DENIAL; REVOCATION; AMENDMENT OF air transportation, particularly with respect ‘‘(g) AMENDMENT OF CERTIFICATE.—If the CERTIFICATE.— holder of a certificate issued under this chap- to foreign air carriers that code-share with (1) IN GENERAL.—Chapter 447 is amended by ter is other than an individual and the Ad- domestic air carriers. adding at the end thereof the following: (b) INCREASED CIVIL PENALTIES.—Section ministrator finds that— 46301(a) is amended by— ‘‘§ 44725. Denial and revocation of certificate ‘‘(1) an individual who had a controlling or (1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para- for counterfeit parts violations ownership interest in the holder committed graph (1)(A); and ‘‘(a) DENIAL OF CERTIFICATE.— a violation of a law for the violation of (2) adding at the end thereof the following: ‘‘(1) IN GENERAL.—Except as provided in which a certificate may be revoked under ‘‘(7) Unless an air carrier that violates sec- paragraph (2) of this subsection and sub- this section, or knowingly carried out or fa- tion 41705 with respect to an individual pro- section (e)(2) of this section, the Adminis- cilitated an activity punishable under such a vides that individual a credit or voucher for trator may not issue a certificate under this law; and the purchase of a ticket on that air carrier chapter to any person— ‘‘(2) the holder satisfies the requirements or any affiliated air carrier in an amount ‘‘(A) convicted of a violation of a law of the for the certificate without regard to that in- (determined by the Secretary) of— United States or of a State relating to the dividual, installation, production, repair, or sale of a ‘‘(A) not less than $500 and not more than then the Administrator may amend the cer- counterfeit or falsely-represented aviation $2,500 for the first violation; or tificate to impose a limitation that the cer- part or material; or ‘‘(B) not less than $2,500 and not more than tificate will not be valid if that individual ‘‘(B) subject to a controlling or ownership $5,000 for any subsequent violation, then that has a controlling or ownership interest in interest of an individual convicted of such a air carrier is liable to the United States Gov- the holder. A decision by the Administrator violation. ernment for a civil penalty, determined by under this subsection is not reviewable by ‘‘(2) EXCEPTION.—Notwithstanding para- the Secretary, of not more than 100 percent the Board.’’. graph (1), the Administrator may issue a cer- of the amount of the credit or voucher so de- (2) CONFORMING AMENDMENT.—The chapter tificate under this chapter to a person de- termined. For purposes of this paragraph, analysis for chapter 447 is amended by add- scribed in paragraph (1) if issuance of the each act of discrimination prohibited by sec- ing at the end thereof the following: certificate will facilitate law enforcement ef- tion 41705 constitutes a separate violation of forts. ‘‘44725. Denial and revocation of certificate that section.’’. ‘‘(b) REVOCATION OF CERTIFICATE.— for counterfeit parts viola- SEC. 508. CONVEYANCES OF UNITED STATES GOV- ‘‘(1) IN GENERAL.—Except as provided in tions’’. ERNMENT LAND. subsections (f) and (g) of this section, the Ad- (b) PROHIBITION ON EMPLOYMENT.—Section (a) IN GENERAL.—Section 47125(a) is amend- ministrator shall issue an order revoking a 44711 is amended by adding at the end thereof ed to read as follows: certificate issued under this chapter if the the following: ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— Administrator finds that the holder of the ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- ‘‘(1) REQUEST FOR CONVEYANCE.—Except as certificate, or an individual who has a con- VICTED COUNTERFEIT PART DEALERS.—No per- provided in subsection (b) of this section, the trolling or ownership interest in the holder— son subject to this chapter may employ any- Secretary of Transportation— ‘‘(A) was convicted of a violation of a law one to perform a function related to the pro- ‘‘(A) shall request the head of the depart- of the United States or of a State relating to curement, sale, production, or repair of a ment, agency, or instrumentality of the the installation, production, repair, or sale part or material, or the installation of a part United States Government owning or con- of a counterfeit or falsely-represented avia- into a civil aircraft, who has been convicted trolling land or airspace to convey a prop- tion part or material; or of a violation of any Federal or State law re- erty interest in the land or airspace to the ‘‘(B) knowingly carried out or facilitated lating to the installation, production, repair, public agency sponsoring the project or own- an activity punishable under such a law. or sale of a counterfeit or falsely-represented ing or controlling the airport when nec- essary to carry out a project under this sub- ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— aviation part or material.’’. chapter at a public airport, to operate a pub- In carrying out paragraph (1) of this sub- SEC. 506. FAA MAY FINE UNRULY PASSENGERS. lic airport, or for the future development of section, the Administrator may not review (a) IN GENERAL.—Chapter 463 is amended an airport under the national plan of inte- whether a person violated such a law. by redesignating section 46316 as section grated airport systems; and ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- 46317, and by inserting after section 46315 the ‘‘(B) may request the head of such a de- ministrator revokes a certificate under sub- following: section (b), the Administrator shall— partment, agency, or instrumentality to con- ‘‘(1) advise the holder of the certificate of ‘‘§ 46316. Interference with cabin or flight vey a property interest in the land or air- the reason for the revocation; and crew space to such a public agency for a use that ‘‘(2) provide the holder of the certificate an ‘‘(a) IN GENERAL.—An individual who inter- will complement, facilitate, or augment air- opportunity to be heard on why the certifi- feres with the duties or responsibilities of port development, including the develop- cate should not be revoked. the flight crew or cabin crew of a civil air- ment of additional revenue from both avia- ‘‘(d) APPEAL.—The provisions of section craft, or who poses an imminent threat to tion and nonaviation sources. 44710(d) apply to the appeal of a revocation the safety of the aircraft or other individuals ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN order under subsection (b). For the purpose on the aircraft, is liable to the United States CONVEYANCES.—Within 4 months after receiv- of applying that section to such an appeal, Government for a civil penalty of not more ing a request from the Secretary under para- ‘person’ shall be substituted for ‘individual’ than $10,000, which shall be paid to the Fed- graph (1), the head of the department, agen- each place it appears. eral Aviation Administration and deposited cy, or instrumentality shall— S2294 CONGRESSIONAL RECORD — SENATE March 4, 1999 ‘‘(A) decide whether the requested convey- SEC. 510. WIDE AREA AUGMENTATION SYSTEM. of the Wendell H. Ford National Air Trans- ance is consistent with the needs of the de- (a) PLAN.—The Administrator shall iden- portation System Improvement Act of 1998, partment, agency, or instrumentality; tify or develop a plan to implement WAAS to to address critical safety problems, including ‘‘(B) notify the Secretary of the decision; provide navigation and landing approach ca- problems of pilots— and pabilities for civilian use and make a deter- ‘‘(A) in recovering from loss of control of ‘‘(C) make the requested conveyance if— mination as to whether a backup system is the aircraft, including handling unusual atti- ‘‘(i) the requested conveyance is consistent necessary. Until the Administrator deter- tudes and mechanical malfunctions; with the needs of the department, agency, or mines that WAAS is the sole means of navi- ‘‘(B) in deviating from standard operating instrumentality; gation, the Administration shall continue to procedures, including inappropriate re- ‘‘(ii) the Attorney General approves the develop and maintain a backup system. sponses to emergencies and hazardous weath- conveyance; and (b) REPORT.—Within 6 months after the er; ‘‘(iii) the conveyance can be made without date of enactment of this Act, the Adminis- ‘‘(C) in awareness of altitude and location cost to the United States Government. trator shall— relative to terrain to prevent controlled ‘‘(3) REVERSION.—Except as provided in (1) report to the Senate Committee on flight into terrain; and subsection (b), a conveyance under this sub- Commerce, Science, and Transportation and ‘‘(D) in landing and approaches, including section may only be made on the condition the House of Representatives Committee on nonprecision approaches and go-around pro- that the property interest conveyed reverts Transportation and Infrastructure, on the cedures. to the Government, at the option of the Sec- plan developed under subsection (a); ‘‘(c) ACCIDENT INVESTIGATIONS.—The Ad- retary, to the extent it is not developed for (2) submit a timetable for implementing ministrator, working with the National an airport purpose or used consistently with WAAS; and Transportation Safety Board and representa- the conveyance.’’. (3) make a determination as to whether tives of the aviation industry, shall establish (b) RELEASE OF CERTAIN CONDITIONS.—Sec- WAAS will ultimately become a primary or a process to assess human factors training as tion 47125 is amended— sole means of navigation and landing ap- part of accident and incident investigations. (1) by redesignating subsection (b) as sub- proach capabilities. ‘‘(d) TEST PROGRAM.—The Administrator section (c); and (c) WAAS DEFINED.—For purposes of this shall establish a test program in cooperation (2) by inserting the following after sub- section, the term ‘‘WAAS’’ means wide area with United States air carriers to use model section (a): augmentation system. Jeppesen approach plates or other similar ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The (d) FUNDING AUTHORIZATION.—There are au- tools to improve nonprecision landing ap- Secretary may grant a release from any thorized to be appropriated to the Secretary proaches for aircraft. term, condition, reservation, or restriction ‘‘(e) ADVANCED QUALIFICATION PROGRAM contained in any conveyance executed under of Transportation such sums as may be nec- DEFINED.—For purposes of this section, the this section, section 16 of the Federal Air- essary to carry out this section. port Act, section 23 of the Airport and Air- SEC. 511. REGULATION OF ALASKA AIR GUIDES. term ‘advanced qualification program’ way Development Act of 1970, or section 516 The Administrator shall reissue the notice means an alternative method for qualifying, of the Airport and Airway Improvement Act to operators originally published in the Fed- training, certifying, and ensuring the com- of 1982, to facilitate the development of addi- eral Register on January 2, 1998, which ad- petency of flight crews and other commer- tional revenue from aeronautical and non- vised Alaska guide pilots of the applicability cial aviation operations personnel subject to aeronautical sources if the Secretary— of part 135 of title 14, Code of Federal Regu- the training and evaluation requirements of ‘‘(1) determines that the property is no lations, to guide pilot operations. In reissu- Parts 121 and 135 of title 14, Code of Federal longer needed for aeronautical purposes; ing the notice, the Administrator shall pro- Regulations.’’. ‘‘(2) determines that the property will be vide for not less than 60 days of public com- (b) AUTOMATION AND ASSOCIATED TRAIN- used solely to generate revenue for the pub- ment on the Federal Aviation Administra- ING.—The Administrator shall complete the lic airport; tion action. If, notwithstanding the public Administration’s updating of training prac- ‘‘(3) provides preliminary notice to the comments, the Administrator decides to pro- tices for automation and associated training head of the department, agency, or instru- ceed with the action, the Administrator requirements within 12 months after the mentality that conveyed the property inter- shall publish in the Federal Register a notice date of enactment of this Act. est at least 30 days before executing the re- justifying the Administrator’s decision and (c) CONFORMING AMENDMENT.—The chapter lease; providing at least 90 days for compliance. analysis for chapter 445 is amended by add- ing at the end thereof the following: ‘‘(4) provides notice to the public of the re- SEC. 512. APPLICATION OF FAA REGULATIONS. quested release; Section 40113 is amended by adding at the ‘‘44516. Human factors program.’’. ‘‘(5) includes in the release a written jus- end thereof the following: SEC. 514. INDEPENDENT VALIDATION OF FAA tification for the release of the property; and ‘‘(f) APPLICATION OF CERTAIN REGULATIONS COSTS AND ALLOCATIONS. ‘‘(6) determines that release of the prop- TO ALASKA.—In amending title 14, Code of (a) INDEPENDENT ASSESSMENT.— erty will advance civil aviation in the United Federal Regulations, in a manner affecting (1) INITIATION.—Not later than 90 days after States.’’. intrastate aviation in Alaska, the Adminis- the date of enactment of this Act, the In- (c) EFFECTIVE DATE.—Section 47125(b) of trator of the Federal Aviation Administra- spector General of the Department of Trans- title 49, United States Code, as added by sub- tion shall consider the extent to which Alas- portation shall initiate the analyses de- section (b) of this section, applies to prop- ka is not served by transportation modes scribed in paragraph (2). In conducting the erty interests conveyed before, on, or after other than aviation, and shall establish such analyses, the Inspector General shall ensure the date of enactment of this Act. regulatory distinctions as the Administrator that the analyses are carried out by 1 or (d) IDITAROD AREA SCHOOL DISTRICT.—Not- considers appropriate.’’. more entities that are independent of the withstanding any other provision of law (in- Federal Aviation Administration. The In- SEC. 513. HUMAN FACTORS PROGRAM. cluding section 47125 of title 49, United spector General may use the staff and re- (a) IN GENERAL.—Chapter 445 is amended States Code, as amended by this section), the sources of the Inspector General or may con- by adding at the end thereof the following: Administrator of the Federal Aviation Ad- tract with independent entities to conduct ministration, or the Administrator of the ‘‘§ 44516. Human factors program the analyses. General Services Administration, may con- ‘‘(a) OVERSIGHT COMMITTEE.—The Adminis- (2) ASSESSMENT OF ADEQUACY AND ACCURACY vey to the Iditarod Area School District trator of the Federal Aviation Administra- OF FAA COST DATA AND ATTRIBUTIONS.—To en- without reimbursement all right, title, and tion shall establish an advanced qualifica- sure that the method for capturing and dis- interest in 12 acres of property at Lake tion program oversight committee to advise tributing the overall costs of the Federal Minchumina, Alaska, identified by the Ad- ministrator of the Federal Aviation Admin- the Administrator on the development and Aviation Administration is appropriate and istration, including the structures known as execution of Advanced Qualification Pro- reasonable, the Inspector General shall con- housing units 100 through 105 and as utility grams for air carriers under this section, and duct an assessment that includes the follow- building 301. to encourage their adoption and implemen- ing: tation. (A)(i) Validation of Federal Aviation Ad- SEC. 509. FLIGHT OPERATIONS QUALITY ASSUR- ANCE RULES. ‘‘(b) HUMAN FACTORS TRAINING.— ministration cost input data, including an Not later than 90 days after the date of en- ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Ad- audit of the reliability of Federal Aviation actment of this Act, the Administrator shall ministrator shall— Administration source documents and the issue a notice of proposed rulemaking to de- ‘‘(A) address the problems and concerns integrity and reliability of the Federal Avia- velop procedures to protect air carriers and raised by the National Research Council in tion Administration’s data collection proc- their employees from civil enforcement ac- its report ‘The Future of Air Traffic Control’ ess. tion under the program known as Flight Op- on air traffic control automation; and (ii) An assessment of the reliability of the erations Quality Assurance. Not later than 1 ‘‘(B) respond to the recommendations made Federal Aviation Administration’s system year after the last day of the period for pub- by the National Research Council. for tracking assets. lic comment provided for in the notice of ‘‘(2) PILOTS AND FLIGHT CREWS.—The Ad- (iii) An assessment of the reasonableness of proposed rulemaking, the Administrator ministrator shall work with the aviation in- the Federal Aviation Administration’s bases shall issue a final rule establishing those dustry to develop specific training curricula, for establishing asset values and deprecia- procedures. within 12 months after the date of enactment tion rates. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2295 (iv) An assessment of the Federal Aviation law for the completion of such an assessment the complainant and the person alleged to Administration’s system of internal controls or study. have committed a violation of subsection (a) for ensuring the consistency and reliability SEC. 519. PROTECTION OF EMPLOYEES PROVID- of the Secretary’s findings. of reported data to begin immediately after ING AIR SAFETY INFORMATION. ‘‘(ii) ORDER.—Except as provided in sub- full operational capability of the cost ac- (a) GENERAL RULE.—Chapter 421 of title 49, paragraph (B), if the Secretary of Labor con- counting system. United States Code, is amended by adding at cludes that there is reasonable cause to be- (B) A review and validation of the Federal the end the following new subchapter: lieve that a violation of subsection (a) has Aviation Administration’s definition of the ‘‘SUBCHAPTER III—WHISTLEBLOWER occurred, the Secretary shall accompany the services to which the Federal Aviation Ad- PROTECTION PROGRAM findings referred to in clause (i) with a pre- ministration ultimately attributes its costs, ‘‘§ 42121. Protection of employees providing liminary order providing the relief pre- and the methods used to identify direct costs air safety information scribed under paragraph (3)(B). ‘‘(iii) OBJECTIONS.—Not later than 30 days associated with the services. ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- after the date of notification of findings (C) An assessment and validation of the PLOYEES.—No air carrier or contractor or under this paragraph, the person alleged to general cost pools used by the Federal Avia- subcontractor of an air carrier may dis- have committed the violation or the com- tion Administration, including the rationale charge an employee of the air carrier or the plainant may file objections to the findings for and reliability of the bases on which the contractor or subcontractor of an air carrier or preliminary order and request a hearing Federal Aviation Administration proposes to or otherwise discriminate against any such on the record. allocate costs of services to users and the in- employee with respect to compensation, tegrity of the cost pools as well as any other ‘‘(iv) EFFECT OF FILING.—The filing of ob- terms, conditions, or privileges of employ- jections under clause (iii) shall not operate factors considered important by the Inspec- ment because the employee (or any person tor General. Appropriate statistical tests to stay any reinstatement remedy contained acting pursuant to a request of the em- in the preliminary order. shall be performed to assess relationships be- ployee)— ‘‘(v) HEARINGS.—Hearings conducted pursu- tween costs in the various cost pools and ac- ‘‘(1) provided, caused to be provided, or is tivities and services to which the costs are ant to a request made under clause (iii) shall about to provide or cause to be provided to be conducted expeditiously. If a hearing is attributed by the Federal Aviation Adminis- the Federal Government information relat- tration. not requested during the 30-day period pre- ing to any violation or alleged violation of scribed in clause (iii), the preliminary order (b) DEADLINE.—The independent analyses any order, regulation, or standard of the described in this section shall be completed shall be deemed a final order that is not sub- Federal Aviation Administration or any ject to judicial review. no later than 270 days after the contracts are other provision of Federal law relating to air awarded to the outside independent contrac- ‘‘(B) REQUIREMENTS.— carrier safety under this subtitle or any ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— tors. The Inspector General shall submit a other law of the United States; final report combining the analyses done by The Secretary of Labor shall dismiss a com- ‘‘(2) has filed, caused to be filed, or is about plaint filed under this subsection and shall its staff with those of the outside independ- to file or cause to be filed a proceeding relat- ent contractors to the Secretary of Trans- not conduct an investigation otherwise re- ing to any violation or alleged violation of quired under subparagraph (A) unless the portation, the Administrator, the Committee any order, regulation, or standard of the on Commerce, Science, and Transportation complainant makes a prima facie showing Federal Aviation Administration or any that any behavior described in paragraphs (1) of the Senate, and the Committee on Trans- other provision of Federal law relating to air portation and Infrastructure of the House of through (4) of subsection (a) was a contribut- carrier safety under this subtitle or any ing factor in the unfavorable personnel ac- Representatives. The final report shall be other law of the United States; tion alleged in the complaint. submitted by the Inspector General not later ‘‘(3) testified or will testify in such a pro- ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- than 300 days after the award of contracts. ceeding; or standing a finding by the Secretary that the (c) FUNDING.—There are authorized to be ‘‘(4) assisted or participated or is about to complainant has made the showing required appropriated such sums as may be necessary assist or participate in such a proceeding. under clause (i), no investigation otherwise for the cost of the contracted audit services ‘‘(b) DEPARTMENT OF LABOR COMPLAINT required under subparagraph (A) shall be authorized by this section. PROCEDURE.— conducted if the employer demonstrates, by SEC. 515. WHISTLEBLOWER PROTECTION FOR ‘‘(1) FILING AND NOTIFICATION.— clear and convincing evidence, that the em- FAA EMPLOYEES. ‘‘(A) IN GENERAL.—In accordance with this ployer would have taken the same unfavor- Section 347(b)(1) of Public Law 104–50 (49 paragraph, a person may file (or have a per- able personnel action in the absence of that U.S.C. 106, note) is amended by striking son file on behalf of that person) a complaint behavior. ‘‘protection;’’ and inserting ‘‘protection, in- with the Secretary of Labor if that person ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- cluding the provisions for investigations and believes that an air carrier or contractor or RETARY.—The Secretary may determine that enforcement as provided in chapter 12 of title subcontractor of an air carrier discharged or a violation of subsection (a) has occurred 5, United States Code;’’. otherwise discriminated against that person only if the complainant demonstrates that SEC. 516. REPORT ON MODERNIZATION OF OCE- in violation of subsection (a). any behavior described in paragraphs (1) ANIC ATC SYSTEM. ‘‘(B) REQUIREMENTS FOR FILING COM- through (4) of subsection (a) was a contribut- The Administrator of the Federal Aviation PLAINTS.—A complaint referred to in sub- ing factor in the unfavorable personnel ac- Administration shall report to the Congress paragraph (A) may be filed not later than 90 tion alleged in the complaint. on plans to modernize the oceanic air traffic days after an alleged violation occurs. The ‘‘(iv) PROHIBITION.—Relief may not be or- control system, including a budget for the complaint shall state the alleged violation. dered under subparagraph (A) if the em- program, a determination of the require- ‘‘(C) NOTIFICATION.—Upon receipt of a com- ployer demonstrates by clear and convincing ments for modernization, and, if necessary, a plaint submitted under subparagraph (A), evidence that the employer would have proposal to fund the program. the Secretary of Labor shall notify the air taken the same unfavorable personnel action SEC. 517. REPORT ON AIR TRANSPORTATION carrier, contractor, or subcontractor named in the absence of that behavior. OVERSIGHT SYSTEM. in the complaint and the Administrator of ‘‘(3) FINAL ORDER.— Beginning in 1999, the Administrator of the the Federal Aviation Administration of the— ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT Federal Aviation Administration shall re- ‘‘(i) filing of the complaint; AGREEMENTS.— port biannually to the Congress on the air ‘‘(ii) allegations contained in the com- ‘‘(i) IN GENERAL.—Not later than 120 days transportation oversight system program an- plaint; after conclusion of a hearing under para- nounced by the Administration on May 13, ‘‘(iii) substance of evidence supporting the graph (2), the Secretary of Labor shall issue 1998, in detail on the training of inspectors, complaint; and a final order that— the number of inspectors using the system, ‘‘(iv) opportunities that are afforded to the ‘‘(I) provides relief in accordance with this air carriers subject to the system, and the air carrier, contractor, or subcontractor paragraph; or budget for the system. under paragraph (2). ‘‘(II) denies the complaint. SEC. 518. RECYCLING OF EIS. ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(ii) SETTLEMENT AGREEMENT.—At any Notwithstanding any other provision of ‘‘(A) IN GENERAL.— time before issuance of a final order under law to the contrary, the Secretary of Trans- ‘‘(i) INVESTIGATION.—Not later than 60 days this paragraph, a proceeding under this sub- portation may authorize the use, in whole or after receipt of a complaint filed under para- section may be terminated on the basis of a in part, of a completed environmental as- graph (1) and after affording the person settlement agreement entered into by the sessment or environmental impact study for named in the complaint an opportunity to Secretary of Labor, the complainant, and the a new airport construction project on the air submit to the Secretary of Labor a written air carrier, contractor, or subcontractor al- operations area, that is substantially similar response to the complaint and an oppor- leged to have committed the violation. in nature to one previously constructed pur- tunity to meet with a representative of the ‘‘(B) REMEDY.—If, in response to a com- suant to the completed environmental as- Secretary to present statements from wit- plaint filed under paragraph (1), the Sec- sessment or environmental impact study in nesses, the Secretary of Labor shall conduct retary of Labor determines that a violation order to avoid unnecessary duplication of ex- an investigation and determine whether of subsection (a) has occurred, the Secretary pense and effort, and any such authorized there is reasonable cause to believe that the of Labor shall order the air carrier, contrac- use shall meet all requirements of Federal complaint has merit and notify in writing tor, or subcontractor that the Secretary of S2296 CONGRESSIONAL RECORD — SENATE March 4, 1999 Labor determines to have committed the causes a violation of any requirement relat- (A) The industry is one of the Nation’s violation to— ing to air carrier safety under this subtitle largest employers, directly employing ‘‘(i) take action to abate the violation; or any other law of the United States.’’. 7,000,000 Americans, throughout every region ‘‘(ii) reinstate the complainant to the (b) CONFORMING AMENDMENT.—The chapter of the country, heavily concentrated among former position of the complainant and en- analysis for chapter 421 of title 49, United small businesses, and indirectly employing sure the payment of compensation (including States Code, is amended by adding at the end an additional 9,200,000 Americans, for a total back pay) and the restoration of terms, con- the following: of 16,200,000 jobs. ditions, and privileges associated with the ‘‘SUBCHAPTER III—WHISTLEBLOWER (B) The industry ranks as the first, second, employment; and PROTECTION PROGRAM or third largest employer in 32 States and ‘‘(iii) provide compensatory damages to ‘‘42121. Protection of employees providing air the District of Columbia, generating a total the complainant. safety information.’’. tourism-related annual payroll of ‘‘(C) COSTS OF COMPLAINT.—If the Secretary $127,900,000,000. (c) CIVIL PENALTY.—Section 46301(a)(1)(A) of Labor issues a final order that provides for (C) The industry has become the Nation’s of title 49, United States Code, is amended by relief in accordance with this paragraph, the third-largest retail sales industry, generat- striking ‘‘subchapter II of chapter 421,’’ and Secretary of Labor, at the request of the ing a total of $489,000,000,000 in total expendi- inserting ‘‘subchapter II or III of chapter complainant, shall assess against the air car- tures. 421,’’. rier, contractor, or subcontractor named in (D) The industry generated $71,700,000,000 the order an amount equal to the aggregate SEC. 520. IMPROVEMENTS TO AIR NAVIGATION in tax revenues for Federal, State, and local amount of all costs and expenses (including FACILITIES. governments; Section 44502(a) is amended by adding at attorney and expert witness fees) reasonably (3) the more than $98,000,000,000 spent by the end thereof the following: incurred by the complainant (as determined foreign visitors in the United States in 1997 by the Secretary of Labor) for, or in connec- ‘‘(5) The Administrator may improve real generated a trade services surplus of more tion with, the bringing of the complaint that property leased for air navigation facilities than $26,000,000,000; resulted in the issuance of the order. without regard to the costs of the improve- (4) the private sector, States, and cities ments in relation to the cost of the lease if— ‘‘(4) REVIEW.— currently spend more than $1,000,000,000 an- ‘‘(A) the improvements primarily benefit ‘‘(A) APPEAL TO COURT OF APPEALS.— nually to promote particular destinations ‘‘(i) IN GENERAL.—Not later than 60 days the government; within the United States to international after a final order is issued under paragraph ‘‘(B) are essential for mission accomplish- visitors; (3), a person adversely affected or aggrieved ment; and (5) because other nations are spending hun- by that order may obtain review of the order ‘‘(C) the government’s interest in the im- dreds of millions of dollars annually to pro- in the United States court of appeals for the provements is protected.’’. mote the visits of international tourists to circuit in which the violation allegedly oc- SEC. 521. DENIAL OF AIRPORT ACCESS TO CER- their countries, the United States will miss curred or the circuit in which the complain- TAIN AIR CARRIERS. a major marketing opportunity if it fails to ant resided on the date of that violation. Section 47107 is amended by adding at the aggressively compete for an increased share end thereof the following: ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.— of international tourism expenditures as ‘‘(q) DENIAL OF ACCESS.— A review conducted under this paragraph they continue to increase over the next dec- ‘‘(1) EFFECT OF DENIAL.—If an owner or op- shall be conducted in accordance with chap- ade; erator of an airport described in paragraph ter 7 of title 5. The commencement of pro- (6) a well-funded, well-coordinated inter- (2) denies access to an air carrier described ceedings under this subparagraph shall not, national marketing effort—combined with in paragraph (3), that denial shall not be con- unless ordered by the court, operate as a additional public and private sector efforts— sidered to be unreasonable or unjust dis- stay of the order that is the subject of the re- would help small and large businesses, as crimination or a violation of this section. view. well as State and local governments, share ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— in the anticipated phenomenal growth of the PLIES.—An airport is described in this para- An order referred to in subparagraph (A) international travel and tourism market in graph if it— shall not be subject to judicial review in any the 21st century; ‘‘(A) is designated as a reliever airport by criminal or other civil proceeding. (7) by making permanent the successful the Administrator of the Federal Aviation ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY visa waiver pilot program, Congress can fa- Administration; OF LABOR.— cilitate the increased flow of international ‘‘(B) does not have an operating certificate ‘‘(A) IN GENERAL.—If an air carrier, con- visitors to the United States; issued under part 139 of title 14, Code of Fed- tractor, or subcontractor named in an order (8) Congress can increase the opportunities eral Regulations (or any subsequent similar issued under paragraph (3) fails to comply for attracting international visitors and en- regulations); and with the order, the Secretary of Labor may hancing their stay in the United States by— ‘‘(C) is located within a 35-mile radius of an file a civil action in the United States dis- (A) improving international signage at air- airport that has— trict court for the district in which the vio- ports, seaports, land border crossings, high- ‘‘(i) at least 0.05 percent of the total annual lation occurred to enforce that order. ways, and bus, train, and other public transit boardings in the United States; and ‘‘(B) RELIEF.—In any action brought under stations in the United States; ‘‘(ii) current gate capacity to handle the this paragraph, the district court shall have (B) increasing the availability of multi- demands of a public charter operation. jurisdiction to grant any appropriate form of lingual tourist information; and ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- relief, including injunctive relief and com- (C) creating a toll-free, private-sector oper- rier is described in this paragraph if it con- pensatory damages. ated, telephone number, staffed by multi- ducts operations as a public charter under ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— lingual operators, to provide assistance to part 380 of title 14, Code of Federal Regula- ‘‘(A) COMMENCEMENT OF ACTION.—A person international tourists coping with an emer- tions (or any subsequent similar regulations) on whose behalf an order is issued under gency; with aircraft that is designed to carry more paragraph (3) may commence a civil action (9) by establishing a satellite system of ac- than 9 passengers per flight. against the air carrier, contractor, or sub- counting for travel and tourism, the Sec- ‘‘(4) DEFINITIONS.—In this subsection: contractor named in the order to require retary of Commerce could provide Congress ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; compliance with the order. The appropriate and the President with objective, thorough AIRCRAFT; AIRPORT.—The terms ‘air carrier’, United States district court shall have juris- data that would help policymakers more ac- ‘air transportation’, ‘aircraft’, and ‘airport’ diction, without regard to the amount in curately gauge the size and scope of the do- have the meanings given those terms in sec- controversy or the citizenship of the parties, mestic travel and tourism industry and its tion 40102 of this title. to enforce the order. significant impact on the health of the Na- ‘‘(B) PUBLIC CHARTER.—The term ‘public ‘‘(B) ATTORNEY FEES.—In issuing any final tion’s economy; and charter’ means charter air transportation for order under this paragraph, the court may (10) having established the United States which the general public is provided in ad- award costs of litigation (including reason- National Tourism Organization under the vance a schedule containing the departure able attorney and expert witness fees) to any United States National Tourism Organiza- location, departure time, and arrival loca- party if the court determines that the tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- tion of the flights.’’. awarding of those costs is appropriate. crease the United States share of the inter- ‘‘(c) MANDAMUS.—Any nondiscretionary SEC. 522. TOURISM. national tourism market by developing a na- duty imposed by this section shall be en- (a) FINDINGS.—Congress finds that— tional travel and tourism strategy, Congress forceable in a mandamus proceeding brought (1) through an effective public-private should support a long-term marketing effort under section 1361 of title 28. partnership, Federal, State, and local gov- and other important regulatory reform ini- ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- ernments and the travel and tourism indus- tiatives to promote increased travel to the LATIONS.—Subsection (a) shall not apply with try can successfully market the United United States for the benefit of every sector respect to an employee of an air carrier, or States as the premiere international tourist of the economy. contractor or subcontractor of an air carrier destination in the world; (b) PURPOSES.—The purposes of this section who, acting without direction from the air (2) in 1997, the travel and tourism industry are to provide international visitor initia- carrier (or an agent, contractor, or sub- made a substantial contribution to the tives and an international marketing pro- contractor of the air carrier), deliberately health of the Nation’s economy, as follows: gram to enable the United States travel and March 4, 1999 CONGRESSIONAL RECORD — SENATE S2297

tourism industry and every level of govern- premiere travel and tourism destination in ‘‘(c) APPEALS TO MERIT SYSTEMS PROTEC- ment to benefit from a successful effort to the world, except that the general and ad- TION BOARD.—Under the new personnel man- make the United States the premiere travel ministrative expenses of operating the agement system developed and implemented destination in the world. United States National Tourism Organiza- under subsection (a), an employee of the Fed- (c) INTERNATIONAL VISITOR ASSISTANCE tion shall be borne by the private sector eral Aviation Administration may submit an TASK FORCE.— through such means as the Board of Direc- appeal to the Merit Systems Protection (1) ESTABLISHMENT.—Not later than 9 tors of the Organization shall determine. Board and may seek judicial review of any months after the date of enactment of this (3) REPORT TO CONGRESS.—Not later than resulting final orders or decisions of the Act, the Secretary of Commerce shall estab- March 30 of each year in which funds are Board from any action that was appealable lish an Intergovernmental Task Force for made available under subsection (a), the Sec- to the Board under any law, rule, or regula- International Visitor Assistance (hereafter retary shall submit to the Committee on tion as of March 31, 1996.’’. in this subsection referred to as the ‘‘Task Commerce of the House of Representatives SEC 526. AIRCRAFT AND AVIATION COMPONENT Force’’). and the Committee on Commerce, Science, REPAIR AND MAINTENANCE ADVI- (2) DUTIES.—The Task Force shall and Transportation of the Senate a detailed SORY PANEL. examine— report setting forth— (a) ESTABLISHMENT OF PANEL.—The Admin- (A) signage at facilities in the United (A) the manner in which appropriated istrator of the Federal Aviation States, including airports, seaports, land funds were expended; Administration— border crossings, highways, and bus, train, (B) changes in the United States market (1) shall establish an Aircraft Repair and and other public transit stations, and shall share of international tourism in general and Maintenance Advisory Panel to review issues identify existing inadequacies and suggest as measured against specific countries and related to the use and oversight of aircraft solutions for such inadequacies, such as the regions; and aviation component repair and mainte- adoption of uniform standards on inter- (C) an analysis of the impact of inter- nance facilities located within, or outside of, national signage for use throughout the national tourism on the United States econ- the United States; and United States in order to facilitate inter- omy, including, as specifically as prac- (2) may seek the advice of the panel on any national visitors’ travel in the United ticable, an analysis of the impact of expendi- issue related to methods to improve the safe- States; tures made pursuant to this section; ty of domestic or foreign contract aircraft (B) the availability of multilingual travel (D) an analysis of the impact of inter- and aviation component repair facilities. and tourism information and means of dis- (b) MEMBERSHIP.—The panel shall consist national tourism on the United States trade seminating, at no or minimal cost to the of— balance and, as specifically as practicable, Government, of such information; and (1) 8 members, appointed by the Adminis- an analysis of the impact on the trade bal- (C) facilitating the establishment of a toll- trator as follows: ance of expenditures made pursuant to this free, private-sector operated, telephone num- (A) 3 representatives of labor organizations section; and ber, staffed by multilingual operators, to representing aviation mechanics; (E) an analysis of other relevant economic provide assistance to international tourists (B) 1 representative of cargo air carriers; impacts as a result of expenditures made coping with an emergency. (C) 1 representative of passenger air car- pursuant to this section. (3) MEMBERSHIP.—The Task Force shall be riers; composed of the following members: SEC. 523. EQUIVALENCY OF FAA AND EU SAFETY (D) 1 representative of aircraft and avia- (A) The Secretary of Commerce. STANDARDS. tion component repair stations; (B) The Secretary of State. The Administrator of the Federal Aviation (E) 1 representative of aircraft manufac- (C) The Secretary of Transportation. Administration shall determine whether the turers; and (D) The Chair of the Board of Directors of Administration’s safety regulations are (F) 1 representative of the aviation indus- the United States National Tourism Organi- equivalent to the safety standards set forth try not described in the preceding subpara- zation. in European Union Directive 89/336EEC. If graphs; (E) Such other representatives of other the Administrator determines that the (2) 1 representative from the Department Federal agencies and private-sector entities standards are equivalent, the Administrator of Transportation, designated by the Sec- as may be determined to be appropriate to shall work with the Secretary of Commerce retary of Transportation; the mission of the Task Force by the Chair- to gain acceptance of that determination (3) 1 representative from the Department man. pursuant to the Mutual Recognition Agree- of State, designated by the Secretary of ment between the United States and the Eu- (4) CHAIRMAN.—The Secretary of Commerce State; and shall be Chairman of the Task Force. The ropean Union of May 18, 1998, in order to en- (4) 1 representative from the Federal Avia- Task Force shall meet at least twice each sure that aviation products approved by the tion Administration, designated by the Ad- year. Each member of the Task Force shall Administration are acceptable under that ministrator. furnish necessary assistance to the Task Directive. (c) RESPONSIBILITIES.—The panel shall— Force. SEC. 524. SENSE OF THE SENATE ON PROPERTY (1) determine how much aircraft and avia- TAXES ON PUBLIC-USE AIRPORTS. (5) REPORT.—Not later than 18 months tion component repair work and what type after the date of the enactment of this Act, It is the sense of the Senate that— of aircraft and aviation component repair the Chairman of the Task Force shall submit (1) property taxes on public-use airports work is being performed by aircraft and avia- to the President and to Congress a report on should be assessed fairly and equitably, re- tion component repair stations located with- the results of the review, including proposed gardless of the location of the owner of the in, and outside of, the United States to bet- amendments to existing laws or regulations airport; and ter understand and analyze methods to im- as may be appropriate to implement such (2) the property tax recently assessed on prove the safety and oversight of such facili- recommendations. the City of The Dalles, Oregon, as the owner ties; and (d) TRAVEL AND TOURISM INDUSTRY SAT- and operator of the Columbia Gorge Re- (2) provide advice and counsel to the Ad- ELLITE SYSTEM OF ACCOUNTING.— gional/The Dalles Municipal Airport, located ministrator with respect to aircraft and (1) IN GENERAL.—The Secretary of Com- in the State of Washington, should be re- aviation component repair work performed merce shall complete, as soon as may be pealed. by those stations, staffing needs, and any practicable, a satellite system of accounting SEC. 525. FEDERAL AVIATION ADMINISTRATION safety issues associated with that work. for the travel and tourism industry. PERSONNEL MANAGEMENT SYSTEM. (d) FAA TO REQUEST INFORMATION FROM (2) FUNDING.—To the extent any costs or (a) APPLICABILITY OF MERIT SYSTEMS PRO- FOREIGN AIRCRAFT REPAIR STATIONS.— expenditures are incurred under this sub- TECTION BOARD PROVISIONS.—Section 347(b) (1) COLLECTION OF INFORMATION.—The Ad- section, they shall be covered to the extent of the Department of Transportation and Re- ministrator shall by regulation request air- funds are available to the Department of lated Agencies Appropriations Act, 1996 (109 craft and aviation component repair stations Commerce for such purpose. Stat. 460) is amended— located outside the United States to submit (e) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘and’’ at the end of para- such information as the Administrator may (1) AUTHORIZATION.—Subject to paragraph graph (6); require in order to assess safety issues and (2), there are authorized to be appropriated (2) by striking the period at the end of enforcement actions with respect to the such sums as may be necessary for the pur- paragraph (7) and inserting a semicolon and work performed at those stations on aircraft pose of funding international promotional ‘‘and’’; and used by United States air carriers. activities by the United States National (3) by adding at the end thereof the follow- (2) DRUG AND ALCOHOL TESTING INFORMA- Tourism Organization to help brand, posi- ing: TION.—Included in the information the Ad- tion, and promote the United States as the ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– ministrator requests under paragraph (1) premiere travel and tourism destination in 7703, relating to the Merit Systems Protec- shall be information on the existence and ad- the world. tion Board.’’. ministration of employee drug and alcohol (2) RESTRICTIONS ON USE OF FUNDS.—None (b) APPEALS TO MERIT SYSTEMS PROTECTION testing programs in place at such stations, if of the funds appropriated under paragraph (1) BOARD.—Section 347(c) of the Department of applicable. may be used for purposes other than market- Transportation and Related Agencies Appro- (3) DESCRIPTION OF WORK DONE.—Included in ing, research, outreach, or any other activity priations Act, 1996 is amended to read as fol- the information the Administrator requests designed to promote the United States as the lows: under paragraph (1) shall be information on S2298 CONGRESSIONAL RECORD — SENATE March 4, 1999 the amount and type of aircraft and aviation the date of enactment of this Act, between agreement to establish additional rights for component repair work performed at those the Administration and a person under air carriers of the United States and foreign stations on aircraft registered in the United which that person obtains such data to in- air carriers of the United Kingdom. States. corporate the requirements of subsection (a) SEC. 530. TO EXPRESS THE SENSE OF THE SEN- (e) FAA TO REQUEST INFORMATION ABOUT within 30 days after that date. ATE CONCERNING A BILATERAL DOMESTIC AIRCRAFT REPAIR STATIONS.—If the SEC. 529. TO EXPRESS THE SENSE OF THE SEN- AGREEMENT BETWEEN THE UNITED Administrator determines that information ATE CONCERNING A BILATERAL STATES AND THE UNITED KINGDOM on the volume of the use of domestic aircraft AGREEMENT BETWEEN THE UNITED REGARDING CLEVELAND-LONDON ROUTE. and aviation component repair stations is STATES AND THE UNITED KINGDOM (a) DEFINITIONS.—In this section: needed in order to better utilize Federal REGARDING CHARLOTTE-LONDON ROUTE. (1) AIR CARRIER.—The term ‘‘air carrier’’ Aviation Administration resources, the Ad- (a) DEFINITIONS.—In this section: has the meaning given that term in section ministrator may— (1) AIR CARRIER.—The term ‘‘air carrier’’ 40102 of title 49, United States Code. (1) require United States air carriers to has the meaning given that term in section (2) AIRCRAFT.—The term ‘‘aircraft’’ has the submit the information described in sub- 40102 of title 49, United States Code. meaning given that term in section 40102 of section (d) with respect to their use of con- (2) BERMUDA II AGREEMENT.—The term title 49, United States Code. tract and noncontract aircraft and aviation ‘‘Bermuda II Agreement’’ means the Agree- (3) AIR TRANSPORTATION.—The term ‘‘air component repair facilities located in the ment Between the United States of America transportation’’ has the meaning given that United States; and and United Kingdom of Great Britain and term in section 40102 of title 49, United (2) obtain information from such stations Northern Ireland Concerning Air Services, States Code. about work performed for foreign air car- signed at Bermuda on July 23, 1977 (TIAS (4) BERMUDA II AGREEMENT.—The term riers. 8641). ‘‘Bermuda II Agreement’’ means the Agree- (f) FAA TO MAKE INFORMATION AVAILABLE (3) CHARLOTTE-LONDON (GATWICK) ROUTE.— ment Between the United States of America TO PUBLIC.—The Administrator shall make The term ‘‘Charlotte-London (Gatwick) and United Kingdom of Great Britain and any information received under subsection route’’ means the route between Charlotte, Northern Ireland Concerning Air Services, (d) or (e) available to the public. North Carolina, and the Gatwick Airport in signed at Bermuda on July 23, 1977 (TIAS (g) TERMINATION.—The panel established London, England. 8641). under subsection (a) shall terminate on the (4) FOREIGN AIR CARRIER.—The term ‘‘for- (5) CLEVELAND-LONDON (GATWICK) ROUTE.— earlier of— eign air carrier’’ has the meaning given that The term ‘‘Cleveland-London (Gatwick) (1) the date that is 2 years after the date of term in section 40102 of title 49, United route’’ means the route between Cleveland, enactment of this Act; or States Code. Ohio, and the Gatwick Airport in London, (2) December 31, 2000. (5) SECRETARY.—The term ‘‘Secretary’’ England. (h) ANNUAL REPORT TO CONGRESS.—The Ad- means the Secretary of Transportation. (6) FOREIGN AIR CARRIER.—The term ‘‘for- ministrator shall report annually to the Con- (b) FINDINGS.—Congress finds that— eign air carrier’’ has the meaning given that gress on the number and location of air agen- (1) under the Bermuda II Agreement, the term in section 40102 of title 49, United cy certificates that were revoked, suspended, United States has a right to designate an air States Code. or not renewed during the preceding year. carrier of the United States to serve the (7) SECRETARY.—The term ‘‘Secretary’’ (i) DEFINITIONS.—Any term used in this Charlotte-London (Gatwick) route; means the Secretary of Transportation. section that is defined in subtitle VII of title (2) the Secretary awarded the Charlotte- (8) SLOT.—The term ‘‘slot’’ means a res- 49, United States Code, has the meaning London (Gatwick) route to US Airways on ervation for an instrument flight rule take- given that term in that subtitle. September 12, 1997, and on May 7, 1998, US off or landing by an air carrier of an aircraft SEC. 527. REPORT ON ENHANCED DOMESTIC AIR- Airways announced plans to launch nonstop in air transportation. LINE COMPETITION. service in competition with the monopoly (b) FINDINGS.—Congress finds that— (a) FINDINGS.—The Congress makes the fol- held by British Airways on the route and to (1) under the Bermuda II Agreement, the lowing findings: provide convenient single-carrier one-stop United States has a right to designate an air (1) There has been a reduction in the level service to the United Kingdom from dozens carrier of the United States to serve the of competition in the domestic airline busi- of cities in North Carolina and South Caro- Cleveland-London (Gatwick) route; ness brought about by mergers, consolida- lina and the surrounding region; (2)(A) on December 3, 1996, the Secretary tions, and proposed domestic alliances. (3) US Airways was forced to cancel service awarded the Cleveland-London (Gatwick) (2) Foreign citizens and foreign air carriers for the Charlotte-London (Gatwick) route for route to Continental Airlines; may be willing to invest in existing or start- the summer of 1998 and the following winter (B) on June 15, 1998, Continental Airlines up airlines if they are permitted to acquire a because the Government of the United King- announced plans to launch nonstop service larger equity share of a United States air- dom refused to provide commercially viable on that route on February 19, 1999, and to line. access to Gatwick Airport; provide single-carrier one-stop service be- (b) STUDY.—The Secretary of Transpor- (4) British Airways continues to operate tween London, England (from Gatwick Air- tation, after consulting the appropriate Fed- monopoly service on the Charlotte-London port) and dozens of cities in Ohio and the eral agencies, shall study and report to the (Gatwick) route and recently upgraded the surrounding region; and Congress not later than December 31, 1998, on aircraft for that route to B–777 aircraft; (C) on August 4, 1998, the Secretary ten- the desirability and implications of— (5) British Airways had been awarded an tatively renewed the authority of Continen- (1) decreasing the foreign ownership provi- additional monopoly route between London tal Airlines to carry out the nonstop service sion in section 40102(a)(15) of title 49, United England and Denver, Colorado, resulting in a referred to in subparagraph (B) and selected States Code, to 51 percent from 75 percent; total of 10 monopoly routes operated by Brit- Cleveland, Ohio, as a new gateway under the and ish Airways between the United Kingdom Bermuda II Agreement; (2) changing the definition of air carrier in and points in the United States; (3) unless the Government of the United section 40102(a)(2) of such title by substitut- (6) monopoly service results in higher fares Kingdom provides Continental Airlines com- ing ‘‘a company whose principal place of to passengers; and mercially viable access to Gatwick Airport, business is in the United States’’ for ‘‘a citi- (7) US Airways is prepared, and officials of Continental Airlines will not be able to initi- zen of the United States’’. the air carrier are eager, to initiate competi- ate service on the Cleveland-London SEC. 528. AIRCRAFT SITUATIONAL DISPLAY DATA. tive air service on the Charlotte-London (Gatwick) route; and (a) IN GENERAL.—A memorandum of agree- (Gatwick) route as soon as the Government (4) Continental Airlines is prepared to ini- ment between the Administrator of the Fed- of the United Kingdom provides commer- tiate competitive air service on the Cleve- eral Aviation Administration and any person cially viable access to the Gatwick Airport. land-London (Gatwick) route when the Gov- directly that obtains aircraft situational dis- (c) SENSE OF THE SENATE.—It is the sense ernment of the United Kingdom provides play data from the Administration shall re- of the Senate that the Secretary should— commercially viable access to the Gatwick quire that— (1) act vigorously to ensure the enforce- Airport. (1) the person demonstrate to the satisfac- ment of the rights of the United States (c) SENSE OF THE SENATE.—It is the sense tion of the Administrator that such person is under the Bermuda II Agreement; of the Senate that the Secretary should— capable of selectively blocking the display of (2) intensify efforts to obtain the necessary (1) act vigorously to ensure the enforce- any aircraft-situation-display-to-industry assurances from the Government of the ment of the rights of the United States derived data related to any identified air- United Kingdom to allow an air carrier of under the Bermuda II Agreement; craft registration number; and the United States to operate commercially (2) intensify efforts to obtain the necessary (2) the person agree to block selectively viable, competitive service for the Charlotte- assurances from the Government of the the aircraft registration numbers of any air- London (Gatwick) route; and United Kingdom to allow an air carrier of craft owner or operator upon the Adminis- (3) ensure that the rights of the Govern- the United States to operate commercially tration’s request. ment of the United States and citizens and viable, competitive service for the Cleveland- (b) EXISTING MEMORANDA TO BE CON- air carriers of the United States are enforced London (Gatwick) route; and FORMED.—The Administrator shall conform under the Bermuda II Agreement before (3) ensure that the rights of the Govern- any memoranda of agreement, in effect on seeking to renegotiate a broader bilateral ment of the United States and citizens and March 4, 1999 CONGRESSIONAL RECORD — SENATE S2299 air carriers of the United States are enforced that consumer. In issuing the regulations ‘‘(C) carry out the airline service restora- under the Bermuda II Agreement before issued under this subsection, the Secretary tion program under sections 41744, 41745, and seeking to renegotiate a broader bilateral shall take into account the proposed regula- 41746 of this title; agreement to establish additional rights for tions issued by the Secretary on January 17, ‘‘(D) ensure that the Bureau of Transpor- air carriers of the United States and foreign 1995, published at page 3359, volume 60, Fed- tation Statistics collects data on passenger air carriers of the United Kingdom, including eral Register. information to assess the service needs of the right to commercially viable competitive SEC. 534. CERTAIN AIR TRAFFIC CONTROL TOW- small communities; slots at Gatwick Airport and Heathrow Air- ERS. ‘‘(E) work with and coordinate efforts with port in London, England, for air carriers of Notwithstanding any other provision of other Federal, State, and local agencies to the United States. law, regulation, intergovernmental circular increase the viability of service to small SEC. 531. ALLOCATION OF TRUST FUND FUNDING. advisories or other process, or any judicial communities and the creation of aviation de- (a) DEFINITIONS.—In this section: proceeding or ruling to the contrary, the velopment zones; and (1) AIRPORT AND AIRWAY TRUST FUND.—The Federal Aviation Administration shall use ‘‘(F) provide policy recommendations to term ‘‘Airport and Airway Trust Fund’’ such funds as necessary to contract for the the Secretary and the Congress that will en- means the trust fund established under sec- operation of air traffic control towers, lo- sure that small communities have access to tion 9502 of the Internal Revenue Code of cated in Salisbury, Maryland; Bozeman, quality, affordable air transportation serv- 1986. Montana; and Boca Raton, Florida: Provided, ices. (2) SECRETARY.—The term ‘‘Secretary’’ That the Federal Aviation Administration ‘‘(3) REPORTS.—The program director shall means the Secretary of Transportation. has made a prior determination of eligibility provide an annual report to the Secretary (3) STATE.—The term ‘‘State’’ means each for such towers to be included in the con- and the Congress beginning in 1999 that— of the States, the District of Columbia, and tract tower program. ‘‘(A) analyzes the availability of air trans- portation services in small communities, in- the Commonwealth of Puerto Rico. SEC. 535. COMPENSATION UNDER THE DEATH ON (4) STATE DOLLAR CONTRIBUTION TO THE AIR- THE HIGH SEAS ACT. cluding, but not limited to, an assessment of the air fares charged for air transportation PORT AND AIRWAY TRUST FUND.—The term (a) IN GENERAL.—Section 2 of the Death on services in small communities compared to ‘‘State dollar contribution to the Airport the High Seas Act (46 U.S.C. App. 762) is air fares charged for air transportation serv- and Airway Trust Fund’’, with respect to a amended by— ices in larger metropolitan areas and an as- State and fiscal year, means the amount of (1) inserting ‘‘(a) IN GENERAL.—’’ before sessment of the levels of service, measured funds equal to the amounts transferred to ‘‘The recovery’’; and by types of aircraft used, the availability of the Airport and Airway Trust Fund under (2) adding at the end thereof the following: seats, and scheduling of flights, provided to section 9502 of the Internal Revenue Code of ‘‘(b) COMMERCIAL AVIATION.— small communities; 1986 that are equivalent to the taxes de- ‘‘(1) IN GENERAL.—If the death was caused ‘‘(B) identifies the policy, economic, geo- scribed in section 9502(b) of the Internal Rev- during commercial aviation, additional com- graphic and marketplace factors that inhibit enue Code of 1986 that are collected in that pensation for nonpecuniary damages for the availability of quality, affordable air State. wrongful death of a decedent is recoverable transportation services to small commu- (b) REPORTING.— in a total amount, for all beneficiaries of nities; and (1) IN GENERAL.—As soon as practicable that decedent, that shall not exceed the ‘‘(C) provides policy recommendations to after the date of enactment of this Act, and greater of the pecuniary loss sustained or a address the policy, economic, geographic, annually thereafter, the Secretary of the sum total of $750,000 from all defendants for and marketplace factors inhibiting the avail- Treasury shall report to the Secretary the all claims. Punitive damages are not recov- ability of quality, affordable air transpor- amount equal to the amount of taxes col- erable. tation services to small communities.’’. lected in each State during the preceding fis- ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 cal year that were transferred to the Airport amount shall be adjusted, beginning in cal- SEC. 603. COMMUNITY-CARRIER AIR SERVICE PROGRAM. and Airway Trust Fund. endar year 2000 by the increase, if any, in the (a) IN GENERAL.—Subchapter II of chapter (2) REPORT BY SECRETARY.—Not later than Consumer Price Index for all urban consum- 90 days after the date of enactment of this 417 is amended by adding at the end thereof ers for the prior year over the Consumer the following: Act, and annually thereafter, the Secretary Price Index for all urban consumers for the ‘‘§ 41743. Air service program for small com- shall prepare and submit to Congress a re- calendar year 1998. munities port that provides, for each State, for the ‘‘(3) NONPECUNIARY DAMAGES.—For pur- preceding fiscal year— poses of this subsection, the term ‘nonpecu- ‘‘(a) COMMUNITIES PROGRAM.—Under advi- (A) the State dollar contribution to the niary damages’ means damages for loss of sory guidelines prescribed by the Secretary Airport and Airway Trust Fund; and care, comfort, and companionship.’’. of Transportation, a small community or a consortia of small communities or a State (B) the amount of funds (from funds made (b) EFFECTIVE DATE.—The amendment may develop an assessment of its air service available under section 48103 of title 49, made by subsection (a) applies to any death requirements, in such form as the program United States Code) that were made avail- caused during commercial aviation occur- director designated by the Secretary under able to the State (including any political ring after July 16, 1996. subdivision thereof) under chapter 471 of section 102(g) may require, and submit the title 49, United States Code. TITLE VI—AVIATION COMPETITION assessment and service proposal to the pro- PROMOTION SEC. 532. TAOS PUEBLO AND BLUE LAKES WIL- gram director. DERNESS AREA DEMONSTRATION SEC. 601. PURPOSE. ‘‘(b) SELECTION OF PARTICIPANTS.—In se- PROJECT. The purpose of this title is to facilitate, lecting community programs for participa- tion in the communities program under sub- Within 18 months after the date of enact- through a 4-year pilot program, incentives section (a), the program director shall apply ment of this Act, the Administrator of the and projects that will help up to 40 commu- criteria, including geographical diversity Federal Aviation Administration shall work nities or consortia of communities to im- and the presentation of unique cir- with the Taos Pueblo to study the feasibility prove their access to the essential airport fa- cumstances, that will demonstrate the fea- of conducting a demonstration project to re- cilities of the national air transportation sibility of the program. For purposes of this quire all aircraft that fly over Taos Pueblo system through public-private partnerships subsection, the application of geographical and the Blue Lake Wilderness Area of Taos and to identify and establish ways to over- diversity criteria means criteria that— Pueblo, New Mexico, to maintain a manda- come the unique policy, economic, geo- ‘‘(1) will promote the development of a na- tory minimum altitude of at least 5,000 feet graphic, and marketplace factors that may tional air transportation system; and above ground level. inhibit the availability of quality, affordable ‘‘(2) will involve the participation of com- SEC. 533. AIRLINE MARKETING DISCLOSURE. air service to small communities. munities in all regions of the country. (a) DEFINITIONS.—In this section: SEC. 602. ESTABLISHMENT OF SMALL COMMU- ‘‘(c) CARRIERS PROGRAM.—The program di- (1) AIR CARRIER.—The term ‘‘air carrier’’ NITY AVIATION DEVELOPMENT PRO- rector shall invite part 121 air carriers and has the meaning given that term in section GRAM. regional/commuter carriers (as such terms 40102 of title 49, United States Code. Section 102 is amended by adding at the are defined in section 41715(d) of this title) to (2) AIR TRANSPORTATION.—The term ‘‘air end thereof the following: offer service proposals in response to, or in transportation’’ has the meaning given that ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- conjunction with, community aircraft serv- term in section 40102 of title 49, United OPMENT PROGRAM.— ice assessments submitted to the office States Code. ‘‘(1) ESTABLISHMENT.—The Secretary shall under subsection (a). A service proposal (b) FINAL REGULATIONS.—Not later than 90 establish a 4-year pilot aviation development under this paragraph shall include— days after the date of enactment of this Act, program to be administered by a program di- ‘‘(1) an assessment of potential daily pas- the Secretary of Transportation shall pro- rector designated by the Secretary. senger traffic, revenues, and costs necessary mulgate final regulations to provide for im- ‘‘(2) FUNCTIONS.—The program director for the carrier to offer the service; proved oral and written disclosure to each shall— ‘‘(2) a forecast of the minimum percentage consumer of air transportation concerning ‘‘(A) function as a facilitator between of that traffic the carrier would require the the corporate name of the air carrier that small communities and air carriers; community to garner in order for the carrier provides the air transportation purchased by ‘‘(B) carry out section 41743 of this title; to start up and maintain the service; and S2300 CONGRESSIONAL RECORD — SENATE March 4, 1999 ‘‘(3) the costs and benefits of providing jet way of grants to small communities or con- number of years of participation or other- service by regional or other jet aircraft. sortia of small communities under section wise; and ‘‘(d) PROGRAM SUPPORT FUNCTION.—The 41743 of up to $500,000 per year; and ‘‘(2) obtain the greatest possible leverage program director shall work with small com- ‘‘(2) take such other action as may be ap- from the financial resources available to the munities and air carriers, taking into ac- propriate. Secretary and the applicant by— count their proposals and needs, to facilitate ‘‘(c) OTHER ACTION.—Under the pilot pro- ‘‘(A) progressively decreasing, on a project- the initiation of service. The program gram established pursuant to subsection (a), by-project basis, any Federal financial incen- director— the program director may facilitate service tives provided under this chapter over the 4- ‘‘(1) may work with communities to de- by— year period; and velop innovative means and incentives for ‘‘(1) working with airports and air carriers ‘‘(B) terminating as early as feasible Fed- the initiation of service; to ensure that appropriate facilities are eral financial incentives for any project de- ‘‘(2) may obligate funds appropriated under made available at essential airports; termined by the Secretary after its imple- section 604 of the Wendell H. Ford National ‘‘(2) collecting data on air carrier service mentation to be— Air Transportation System Improvement to small communities; and ‘‘(i) viable without further support under Act of 1998 to carry out this section; ‘‘(3) providing policy recommendations to this subchapter; or ‘‘(3) shall continue to work with both the the Secretary to stimulate air service and ‘‘(ii) failing to meet the purposes of this carriers and the communities to develop a competition to small communities. chapter or criteria established by the Sec- combination of community incentives and ‘‘(d) ADDITIONAL ACTION.—Under the pilot retary under the pilot program. carrier service levels that— program established pursuant to subsection ‘‘(e) SUCCESS BONUS.—If Federal financial ‘‘(A) are acceptable to communities and (a), the Secretary shall work with air car- incentives to a community are terminated carriers; and riers providing service to participating com- under subsection (d)(2)(B) because of the suc- ‘‘(B) do not conflict with other Federal or munities and major air carriers serving large cess of the program in that community, then State programs to facilitate air transpor- hub airports (as defined in section 41731(a)(3)) that community may receive a one-time in- tation to the communities; to facilitate joint fare arrangements consist- centive grant to ensure the continued suc- ‘‘(4) designate an airport in the program as ent with normal industry practice. cess of that program. ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.— an Air Service Development Zone and work ‘‘§ 41745. Assistance to communities for serv- No new financial assistance may be provided with the community on means to attract ice under this subchapter for any fiscal year be- business to the area surrounding the airport, ‘‘(a) IN GENERAL.—Financial assistance ginning more than 4 years after the date of to develop land use options for the area, and provided under section 41743 during any fis- enactment of the Wendell H. Ford National provide data, working with the Department cal year as part of the pilot program estab- Air Transportation System Improvement of Commerce and other agencies; lished under section 41744(a) shall be imple- Act of 1998. ‘‘(5) take such other action under this mented for not more than— ‘‘§ 41746. Additional authority chapter as may be appropriate. ‘‘(1) 4 communities within any State at ‘‘(e) LIMITATIONS.— ‘‘In carrying out this chapter, the any given time; and ‘‘(1) COMMUNITY SUPPORT.—The program di- Secretary— ‘‘(2) 40 communities in the entire program rector may not provide financial assistance ‘‘(1) may provide assistance to States and at any time. communities in the design and application under subsection (c)(2) to any community For purposes of this subsection, a consor- unless the program director determines phase of any project under this chapter, and tium of communities shall be treated as a oversee the implementation of any such that— single community. ‘‘(A) a public-private partnership exists at project; ‘‘(b) ELIGIBILITY.—In order to participate ‘‘(2) may assist States and communities in the community level to carry out the com- in a pilot project under this subchapter, a munity’s proposal; putting together projects under this chapter State, community, or group of communities to utilize private sector resources, other ‘‘(B) the community will make a substan- shall apply to the Secretary in such form Federal resources, or a combination of public tial financial contribution that is appro- and at such time, and shall supply such in- and private resources; priate for that community’s resources, but of formation, as the Secretary may require, and ‘‘(3) may accord priority to service by jet not less than 25 percent of the cost of the shall demonstrate to the satisfaction of the aircraft; project in any event; Secretary that— ‘‘(4) take such action as may be necessary ‘‘(C) the community has established an ‘‘(1) the applicant has an identifiable need to ensure that financial resources, facilities, open process for soliciting air service propos- for access, or improved access, to the na- and administrative arrangements made als; and tional air transportation system that would under this chapter are used to carry out the ‘‘(D) the community will accord similar benefit the public; purposes of title VI of the Wendell H. Ford benefits to air carriers that are similarly sit- ‘‘(2) the pilot project will provide material National Air Transportation System Im- uated. benefits to a broad section of the travelling provement Act of 1998; and ‘‘(2) AMOUNT.—The program director may public, businesses, educational institutions, ‘‘(5) shall work with the Federal Aviation not obligate more than $30,000,000 of the and other enterprises whose access to the na- Administration on airport and air traffic amounts appropriated under 604 of the Wen- tional air transportation system is limited; control needs of communities in the pro- dell H. Ford National Air Transportation ‘‘(3) the pilot project will not impede com- gram. System Improvement Act of 1998 over the 4 petition; and years of the program. ‘‘§ 41747. Air traffic control services pilot pro- ‘‘(4) the applicant has established, or will gram ‘‘(3) NUMBER OF PARTICIPANTS.—The pro- establish, public-private partnerships in con- gram established under subsection (a) shall ‘‘(a) IN GENERAL.—To further facilitate the nection with the pilot project to facilitate use of, and improve the safety at, small air- not involve more than 40 communities or service to the public. consortia of communities. ports, the Administrator of the Federal ‘‘(c) COORDINATION WITH OTHER PROVISIONS ‘‘(f) REPORT.—The program director shall Aviation Administration shall establish a OF SUBCHAPTER.—The Secretary shall carry pilot program to contract for Level I air report through the Secretary to the Congress out the 4-year pilot program authorized by annually on the progress made under this traffic control services at 20 facilities not el- this subchapter in such a manner as to com- igible for participation in the Federal Con- section during the preceding year in expand- plement action taken under the other provi- tract Tower Program. ing commercial aviation service to smaller sions of this subchapter. To the extent the ‘‘(b) PROGRAM COMPONENTS.—In carrying communities. Secretary determines to be appropriate, the out the pilot program established under sub- ‘‘§ 41744. Pilot program project authority Secretary may adopt criteria for implemen- section (a), the Administrator may— ‘‘(a) IN GENERAL.—The program director tation of the 4-year pilot program that are ‘‘(1) utilize current, actual, site-specific designated by the Secretary of Transpor- the same as, or similar to, the criteria devel- data, forecast estimates, or airport system tation under section 102(g)(1) shall establish oped under the preceding sections of this plan data provided by a facility owner or op- a 4-year pilot program— subchapter for determining which airports erator; ‘‘(1) to assist communities and States with are eligible under those sections. The Sec- ‘‘(2) take into consideration unique avia- inadequate access to the national transpor- retary shall also, to the extent possible, pro- tion safety, weather, strategic national in- tation system to improve their access to vide incentives where no direct, viable, and terest, disaster relief, medical and other that system; and feasible alternative service exists, taking emergency management relief services, sta- ‘‘(2) to facilitate better air service link-ups into account geographical diversity and ap- tus of regional airline service, and related to support the improved access. propriate market definitions. factors at the facility; ‘‘(b) PROJECT AUTHORITY.—Under the pilot ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The ‘‘(3) approve for participation any facility program established pursuant to subsection Secretary shall structure the program estab- willing to fund a pro rata share of the oper- (a), the program director may— lished pursuant to section 41744(a) in a way ating costs used by the Federal Aviation Ad- ‘‘(1) out of amounts appropriated under designed to— ministration to calculate, and, as necessary, section 604 of the Wendell H. Ford National ‘‘(1) permit the participation of the maxi- a 1:1 benefit-to-cost ratio, as required for eli- Air Transportation System Improvement mum feasible number of communities and gibility under the Federal Contract Tower Act of 1998, provide financial assistance by States over a 4-year period by limiting the Program; and March 4, 1999 CONGRESSIONAL RECORD — SENATE S2301

‘‘(4) approve for participation no more than munities, then, after public notice and an op- ‘‘(1) IN GENERAL.—In granting slot exemp- 3 facilities willing to fund a pro rata share of portunity for comment, the Secretary shall tions under this section the Secretary shall construction costs for an air traffic control promulgate regulations that address the give priority consideration to an application tower so as to achieve, at a minimum, a 1:1 problem.’’. from an air carrier that, as of July 1, 1998, benefit-to-cost ratio, as required for eligi- SEC. 606. SLOT EXEMPTIONS FOR NONSTOP RE- operated or held fewer than 20 slots or slot bility under the Federal Contract Tower Pro- GIONAL JET SERVICE. exemptions at the high density airport for gram, and for each of such facilities the Fed- (a) IN GENERAL.—Subchapter I of chapter which it filed an exemption application. eral share of construction costs does not ex- 417 is amended by— ‘‘(2) LIMITATION.—No priority may be given ceed $1,000,000. (1) redesignating section 41715 as 41716; and under paragraph (1) to an air carrier that, at ‘‘(c) REPORT.—One year before the pilot (2) inserting after section 41714 the follow- the time of application, operates or holds 20 program established under subsection (a) ing: or more slots and slot exemptions at the air- terminates, the Administrator shall report ‘‘§ 41715. Slot exemptions for nonstop re- port for which the exemption application is to the Congress on the effectiveness of the gional jet service. filed. program, with particular emphasis on the ‘‘(a) IN GENERAL.—Within 90 days after re- ‘‘(3) AFFILIATED CARRIERS.—The Secretary safety and economic benefits provided to ceiving an application for an exemption to shall treat all commuter air carriers that program participants and the national air provide nonstop regional jet air service have cooperative agreements, including transportation system.’’. between— code-share agreements, with other air car- (b) CONFORMING AMENDMENT.—The chapter ‘‘(1) an airport with fewer than 2,000,000 an- riers equally for determining eligibility for analysis for chapter 417 is amended by in- nual enplanements; and exemptions under this section regardless of serting after the item relating to section ‘‘(2) a high density airport subject to the the form of the corporate relationship be- 41742 the following: exemption authority under section 41714(a), tween the commuter air carrier and the ‘‘41743. Air service program for small com- the Secretary of Transportation shall grant other air carrier. munities. or deny the exemption in accordance with es- ‘‘(h) STAGE 3 AIRCRAFT REQUIRED.—An ex- ‘‘41744. Pilot program project authority. tablished principles of safety and the pro- emption may not be granted under this sec- ‘‘41745. Assistance to communities for serv- motion of competition. tion with respect to any aircraft that is not ice. ‘‘(b) EXISTING SLOTS TAKEN INTO AC- a Stage 3 aircraft (as defined by the Sec- ‘‘41746. Additional authority. COUNT.—In deciding to grant or deny an ex- retary). ‘‘41747. Air traffic control services pilot pro- emption under subsection (a), the Secretary ‘‘(i) REGIONAL JET DEFINED.—In this sec- gram.’’. may take into consideration the slots and tion, the term ‘regional jet’ means a pas- (c) WAIVER OF LOCAL CONTRIBUTION.—Sec- slot exemptions already used by the appli- senger, turbofan-powered aircraft carrying tion 41736(b) is amended by inserting after cant. not fewer than 30 and not more than 50 pas- paragraph (4) the following: ‘‘(c) CONDITIONS.—The Secretary may grant sengers.’’. ‘‘Paragraph (4) does not apply to any com- an exemption to an air carrier under sub- (b) CONFORMING AMENDMENTS.— munity approved for service under this sec- section (a)— (1) Section 40102 is amended by inserting tion during the period beginning October 1, ‘‘(1) for a period of not less than 12 months; after paragraph (28) the following: 1991, and ending December 31, 1997.’’. ‘‘(2) for a minimum of 2 daily roundtrip ‘‘(28A) LIMITED INCUMBENT AIR CARRIER.— (d) AUTHORIZATION OF APPROPRIATIONS.— flights; and The term ‘limited incumbent air carrier’ has There are authorized to be appropriated to ‘‘(3) for a maximum of 3 daily roundtrip the meaning given that term in subpart S of the Secretary of Transportation such sums flights. part 93 of title 14, Code of Federal Regula- as may be necessary to carry out section ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR tions, except that ‘20’ shall be substituted for 41747 of title 49, United States Code. MEDIUM HUB AIRPORT; JET AIRCRAFT.—The ‘12’ in sections 93.213(a)(5), 93.223(c)(3), and Secretary may, upon application made by an SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 93.226(h) as such sections were in effect on air carrier operating under an exemption To carry out sections 41743 through 41746 of August 1, 1998.’’. granted under subsection (a)— (2) The chapter analysis for chapter 417 is title 49, United States Code, for the 4 fiscal- ‘‘(1) authorize the air carrier or an affili- year period beginning with fiscal year 1999— amended by striking the item relating to ated air carrier to upgrade service under the section 41716 and inserting the following: (1) there are authorized to be appropriated exemption to a larger jet aircraft; or ‘‘41715. Slot exemptions for nonstop regional to the Secretary of Transportation not more ‘‘(2) authorize an air carrier operating than $10,000,000; and jet service. under such an exemption to change the ‘‘41716. Air service termination notice.’’. (2) not more than $20,000,000 shall be made nonhub airport or small hub airport for available, if available, to the Secretary for SEC. 607. EXEMPTIONS TO PERIMETER RULE AT which the exemption was granted to provide RONALD REAGAN WASHINGTON NA- obligation and expenditure out of the ac- the same service to a different airport that is count established under section 45303(a) of TIONAL AIRPORT. smaller than a large hub airport (as defined (a) IN GENERAL.—Subchapter I of chapter title 49, United States Code. in section 47134(d)(2)) if— To the extent that amounts are not available 417, as amended by section 606, is amended ‘‘(A) the air carrier has been operating in such account, there are authorized to be by— under the exemption for a period of not less appropriated such sums as may be necessary (1) redesignating section 41716 as 41717; and than 12 months; and to provide the amount authorized to be obli- (2) inserting after section 41715 the follow- ‘‘(B) the air carrier can demonstrate gated under paragraph (2) to carry out those ing: unmitigatable losses. sections for that 4 fiscal-year period. ‘‘(e) FOREFEITURE FOR MISUSE.—Any ex- ‘‘§ 41716. Special Rules for Ronald Reagan SEC. 605. MARKETING PRACTICES. emption granted under subsection (a) shall Washington National Airport Section 41712 is amended by— be terminated immediately by the Secretary ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The (1) inserting ‘‘(a) IN GENERAL.—’’ before if the air carrier to which it was granted Secretary shall by order grant exemptions ‘‘On’’; and uses the slot for any purpose other than the from the application of sections 49104(a)(5), (2) adding at the end thereof the following: purpose for which it was granted or in viola- 49109, 49111(e), and 41714 of this title to air ‘‘(b) MARKETING PRACTICES THAT AD- tion of the conditions under which it was carriers to operate limited frequencies and VERSELY AFFECT SERVICE TO SMALL OR ME- granted. aircraft on select routes between Ronald DIUM COMMUNITIES.—Within 180 days after ‘‘(f) RESTORATION OF AIR SERVICE.—To the Reagan Washington National Airport and do- the date of enactment of the Wendell H. Ford extent that— mestic hub airports of such carriers and ex- National Air Transportation System Im- ‘‘(1) slots were withdrawn from an air car- emptions from the requirements of subparts provement Act of 1998, the Secretary shall rier under section 41714(b); K and S of part 93, Code of Federal Regula- review the marketing practices of air car- ‘‘(2) the withdrawal of slots under that sec- tions, if the Secretary finds that the exemp- riers that may inhibit the availability of tion resulted in a net loss of slots; and tions will— quality, affordable air transportation serv- ‘‘(3) the net loss of slots and slot exemp- ‘‘(1) provide air transportation service with ices to small and medium-sized commu- tions resulting from the withdrawal had an domestic network benefits in areas beyond nities, including— adverse effect on service to nonhub airports the perimeter described in that section; ‘‘(1) marketing arrangements between air- and in other domestic markets, ‘‘(2) increase competition in multiple mar- lines and travel agents; the Secretary shall give priority consider- kets; ‘‘(2) code-sharing partnerships; ation to the request of any air carrier from ‘‘(3) not reduce travel options for commu- ‘‘(3) computer reservation system displays; which slots were withdrawn under that sec- nities served by small hub airports and me- ‘‘(4) gate arrangements at airports; tion for an equivalent number of slots at the dium hub airports within the perimeter de- ‘‘(5) exclusive dealing arrangments; and airport where the slots were withdrawn. No scribed in section 49109 of title 49, United ‘‘(6) any other marketing practice that priority consideration shall be given under States Code; and may have the same effect. this subsection to an air carrier described in ‘‘(4) not result in meaningfully increased ‘‘(c) REGULATIONS.—If the Secretary finds, paragraph (1) when the net loss of slots and travel delays. after conducting the review required by sub- slot exemptions is eliminated. ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The section (b), that marketing practices inhibit ‘‘(g) PRIORITY TO NEW ENTRANTS AND LIM- Secretary shall by order grant exemptions the availability of such service to such com- ITED INCUMBENT CARRIERS.— from the requirements of sections 49104(a)(5), S2302 CONGRESSIONAL RECORD — SENATE March 4, 1999 49111(e), and 41714 of this title and subparts K (B) the Authority will not divert funds ‘‘(A) 18 shall be used only for service to un- and S of part 93 of title 14, Code of Federal from a high priority safety project in order derserved markets, of which no fewer than 6 Regulations, to commuter air carriers for to make funds available for noise compat- shall be designated as commuter slot exemp- service to airports with fewer than 2,000,000 ibility planning and programs. tions; and annual enplanements within the perimeter (2) WAIVER.—The Secretary of Transpor- ‘‘(B) 12 shall be air carrier slot exemptions. established for civil aircraft operations at tation may waive the requirements of para- ‘‘(c) PROCEDURAL REQUIREMENTS.—Before Ronald Reagan Washington National Airport graph (1) for any fiscal year for which the granting exemptions under subsection (a), under section 49109. The Secretary shall de- Secretary determines that the Metropolitan the Secretary shall— velop criteria for distributing slot exemp- Washington Airports Authority is in full ‘‘(1) conduct an environmental review, tak- tions for flights within the perimeter to such compliance with applicable airport noise ing noise into account, and determine that airports under this paragraph in a manner compatibility planning and program require- the granting of the exemptions will not consistent with the promotion of air trans- ments under part 150 of title 14, Code of Fed- cause a significant increase in noise; portation. eral Regulations. ‘‘(2) determine whether capacity is avail- ‘‘(c) LIMITATIONS.— (3) SUNSET.—This subsection shall cease to able and can be used safely and, if the Sec- ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- be in effect 5 years after the date of enact- retary so determines then so certify; emption may not be granted under this sec- ment of this Act, if on that date the Sec- ‘‘(3) give 30 days notice to the public tion with respect to any aircraft that is not retary of Transportation certifies that the through publication in the Federal Register a Stage 3 aircraft (as defined by the Sec- Metropolitan Washington Airports Author- of the Secretary’s intent to grant the exemp- retary). ity has achieved full compliance with appli- tions; and ‘‘(2) GENERAL EXEMPTIONS.—The exemp- cable noise compatibility planning and pro- ‘‘(4) consult with appropriate officers of tions granted under subsections (a) and (b) gram requirements under part 150 of title 14, the State and local government on any relat- may not increase the number of operations Code of Federal Regulations. ed noise and environmental issues. at Ronald Reagan Washington National Air- (d) NOISE COMPATIBILITY PLANNING AND ‘‘(d) UNDERSERVED MARKET DEFINED.—In port in any 1-hour period during the hours PROGRAMS.—Section 47117(e) is amended by this section, the term ‘service to underserved between 7:00 a.m. and 9:59 p.m. by more than adding at the end the following: markets’ means passenger air transportation 2 operations.’’. ‘‘(3) The Secretary shall give priority in service to an airport that is a nonhub airport ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- making grants under paragraph (1)(A) to ap- or a small hub airport (as defined in para- retary shall grant exemptions under sub- plications for airport noise compatibility graphs (4) and (5), respectively, of section sections (a) and (b) that— planning and programs at and around air- 41731(a)).’’. ‘‘(A) will result in 12 additional daily air ports where operations increase under title (b) STUDIES.— carrier slot exemptions at such airport for VI of the Wendell H. Ford National Air (1) 3-YEAR REPORT.—The Secretary shall long-haul service beyond the perimeter; Transportation System Improvement Act of study and submit a report 3 years after the ‘‘(B) will result in 12 additional daily com- 1998 and the amendments made by that first exemption granted under section muter slot exemptions at such airport; and title.’’. 41717(a) of title 49, United States Code, is ‘‘(C) will not result in additional daily (e) CONFORMING AMENDMENTS.— first used on the impact of the additional commuter slot exemptions for service to any (1) Section 49111 is amended by striking slots on the safety, environment, noise, ac- within-the-perimeter airport that is not subsection (e). cess to underserved markets, and competi- smaller than a large hub airport (as defined (2) The chapter analysis for chapter 417, as tion at Chicago O’Hare International Air- in section 47134(d)(2)). amended by section 606(b) of this Act, is port. amended by striking the item relating to ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN- (2) DOT STUDY IN 2000.—The Secretary of section 41716 and inserting the following: VIRONMENTAL IMPACTS.—The Secretary shall Transportation shall study community noise assess the impact of granting exemptions, in- ‘‘41716. Special Rules for Ronald Reagan levels in the areas surrounding the 4 high- cluding the impacts of the additional slots Washington National Airport. density airports after the 100 percent Stage 3 and flights at Ronald Reagan Washington ‘‘41717. Air service termination notice.’’. fleet requirements are in place, and compare National Airport provided under subsections (f) REPORT.—Within 1 year after the date of those levels with the levels in such areas be- (a) and (b) on safety, noise levels and the en- enactment of this Act, and biannually there- fore 1991. vironment within 90 days of the date of the after, the Secretary shall certify to the (c) CONFORMING AMENDMENT.—The chapter enactment of this Act. The environmental United States Senate Committee on Com- analysis for chapter 417, as amended by sec- assessment shall be carried out in accord- merce, Science, and Transportation, the tion 607(b) of this Act, is amended by strik- ance with parts 1500–1508 of title 40, Code of United States House of Representatives ing the item relating to section 41717 and in- Federal Regulations. Such environmental as- Committee on Transportation and Infra- serting the following: sessment shall include a public meeting. structure, the Governments of Maryland, ‘‘41717. Special Rules for Chicago O’Hare Virginia, and West Virginia and the metro- ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— International Airport. Nothing in this section affects Exemption politan planning organization for Washing- ‘‘41718. Air service termination notice.’’. ton D.C. that noise standards, air traffic con- No. 5133, as from time-to-time amended and SEC. 609. CONSUMER NOTIFICATION OF E-TICKET gestion, airport-related vehicular conges- extended.’’. EXPIRATION DATES. tion, safety standards, and adequate air serv- (b) OVERRIDE OF MWAA RESTRICTION.—Sec- Section 41712, as amended by section 605 of ice to communities served by small hub air- this Act, is amended by adding at the end tion 49104(a)(5) is amended by adding at the ports and medium hub airports within the end thereof the following: thereof the following: perimeter described in section 49109 of title ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall ‘‘(D) Subparagraph (C) does not apply to 49, United States Code, have been main- any increase in the number of instrument be an unfair or deceptive practice under sub- tained at appropriate levels. section (a) for any air carrier utilizing elec- flight rule takeoffs and landings necessary to SEC. 608. ADDITIONAL SLOT EXEMPTIONS AT CHI- implement exemptions granted by the Sec- tronically transmitted tickets to fail to no- CAGO O’HARE INTERNATIONAL AIR- tify the purchaser of such a ticket of its ex- retary under section 41716.’’. PORT. piration date, if any.’’. (c) MWAA NOISE-RELATED GRANT ASSUR- (a) IN GENERAL.—Chapter 417, as amended SEC. 610. JOINT VENTURE AGREEMENTS. ANCES.— by section 607, is amended by— (a) IN GENERAL.—Subchapter I of chapter (1) IN GENERAL.—In addition to any condi- (1) redesignating section 41717 as 41718; and tion for approval of an airport development (2) inserting after section 41716 the follow- 417, as amended by section 608, is amended by project that is the subject of a grant applica- ing: adding at the end the following: tion submitted to the Secretary of Transpor- ‘‘§ 41717. Special Rules for Chicago O’Hare ‘‘§ 41719. Joint venture agreements tation under chapter 471 of title 49, United International Airport ‘‘(a) DEFINITIONS.—In this section— States Code, by the Metropolitan Washing- ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(1) JOINT VENTURE AGREEMENT.—The term ton Airports Authority, the Authority shall portation shall grant 30 slot exemptions over ‘joint venture agreement’ means an agree- be required to submit a written assurance a 3-year period beginning on the date of en- ment entered into by a major air carrier on that, for each such grant made to the Au- actment of the Wendell H. Ford National Air or after January 1, 1998, with regard to (A) thority for fiscal year 1999 or any subsequent Transportation System Improvement Act of code-sharing, blocked-space arrangements, fiscal year— 1998 at Chicago O’Hare International Air- long-term wet leases (as defined in section (A) the Authority will make available for port. 207.1 of title 14, Code of Federal Regulations) that fiscal year funds for noise compatibility ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- of a substantial number (as defined by the planning and programs that are eligible to MENTS.— Secretary by regulation) of aircraft, or fre- receive funding under chapter 471 of title 49, ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- quent flyer programs, or (B) any other coop- United States Code, in an amount not less emption may not be granted under this sec- erative working arrangement (as defined by than 10 percent of the aggregate annual tion with respect to any aircraft that is not the Secretary by regulation) between 2 or amount of financial assistance provided to a Stage 3 aircraft (as defined by the Sec- more major air carriers that affects more the Authority by the Secretary as grants retary). than 15 percent of the total number of avail- under chapter 471 of title 49, United States ‘‘(2) SERVICE PROVIDED.—Of the exemptions able seat miles offered by the major air car- Code; and granted under subsection (a)— riers. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2303

‘‘(2) MAJOR AIR CARRIER.—The term ‘major to underserved markets by authorizing a re- ‘‘§ 40126. Overflights of national parks air carrier’ means a passenger air carrier view of different programs of Federal finan- ‘‘(a) IN GENERAL.— that is certificated under chapter 411 of this cial assistance, including loan guarantees ‘‘(1) GENERAL REQUIREMENTS.—A commer- title and included in Carrier Group III under like those that would have been provided for cial air tour operator may not conduct com- criteria contained in section 04 of part 241 of by section 2 of S. 1353, 105th Congress, as in- mercial air tour operations over a national title 14, Code of Federal Regulations. troduced, to commuter air carriers that park or tribal lands except— ‘‘(b) SUBMISSION OF JOINT VENTURE AGREE- would purchase regional jet aircraft for use ‘‘(A) in accordance with this section; MENT.—At least 30 days before a joint ven- in serving those markets. ‘‘(B) in accordance with conditions and ture agreement may take effect, each of the (b) STUDY.—The Secretary of Transpor- limitations prescribed for that operator by major air carriers that entered into the tation shall study the efficacy of a program the Administrator; and agreement shall submit to the Secretary— of Federal loan guarantees for the purchase ‘‘(C) in accordance with any effective air ‘‘(1) a complete copy of the joint venture of regional jets by commuter air carriers. tour management plan for that park or those agreement and all related agreements; and The Secretary shall include in the study a tribal lands. ‘‘(2) other information and documentary review of options for funding, including al- ‘‘(2) APPLICATION FOR OPERATING AUTHOR- material that the Secretary may require by ternatives to Federal funding. In the study, ITY.— regulation. the Secretary shall analyze— ‘‘(A) APPLICATION REQUIRED.—Before com- ‘‘(c) EXTENSION OF WAITING PERIOD.— (1) the need for such a program; mencing commercial air tour operations ‘‘(1) IN GENERAL.—The Secretary may ex- (2) its potential benefit to small commu- over a national park or tribal lands, a com- tend the 30-day period referred to in sub- nities; mercial air tour operator shall apply to the section (b) until— (3) the trade implications of such a pro- Administrator for authority to conduct the ‘‘(A) in the case of a joint venture agree- gram; operations over that park or those tribal ment with regard to code-sharing, the 150th (4) market implications of such a program lands. day following the last day of such period; for the sale of regional jets; ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- and (5) the types of markets that would benefit PACITY PARKS.—Whenever a commercial air ‘‘(B) in the case of any other joint venture the most from such a program; tour management plan limits the number of agreement, the 60th day following the last (6) the competititve implications of such a commercial air tour flights over a national day of such period. program; and park area during a specified time frame, the ‘‘(2) PUBLICATION OF REASONS FOR EXTEN- (7) the cost of such a program. Administrator, in cooperation with the Di- SION.—If the Secretary extends the 30-day pe- (c) REPORT.—The Secretary shall submit a rector, shall authorize commercial air tour riod referred to in subsection (b), the Sec- report of the results of the study to the Sen- operators to provide such service. The au- retary shall publish in the Federal Register ate Committee on Commerce, Science, and thorization shall specify such terms and con- the reasons of the Secretary for making the Transportation and the House of Representa- ditions as the Administrator and the Direc- extension. tives Committee on Transportation and In- tor find necessary for management of com- ‘‘(d) TERMINATION OF WAITING PERIOD.—At frastructure not later than 24 months after mercial air tour operations over the national any time after the date of submission of a the date of enactment of this Act. park. The Administrator, in cooperation joint venture agreement under subsection SEC. 612. GAO STUDY OF AIR TRANSPORTATION with the Director, shall develop an open (b), the Secretary may terminate the waiting NEEDS. competitive process for evaluating proposals periods referred to in subsections (b) and (c) The General Accounting Office shall con- from persons interested in providing com- with respect to the agreement. duct a study of the current state of the na- mercial air tour services over the national ‘‘(e) REGULATIONS.—The effectiveness of a tional airport network and its ability to park. In making a selection from among var- joint venture agreement may not be delayed meet the air transportation needs of the ious proposals submitted, the Administrator, due to any failure of the Secretary to issue United States over the next 15 years. The in cooperation with the Director, shall con- regulations to carry out this subsection. study shall include airports located in re- sider relevant factors, including— ‘‘(f) MEMORANDUM TO PREVENT DUPLICA- mote communities and reliever airports. In ‘‘(i) the safety record of the company or pi- TIVE REVIEWS.—Promptly after the date of assessing the effectiveness of the system the lots; enactment of this section, the Secretary Comptroller General may consider airport ‘‘(ii) any quiet aircraft technology pro- shall consult with the Assistant Attorney runway length of 5,500 feet or the equivalent posed for use; General of the Antitrust Division of the De- altitude-adjusted length, air traffic control ‘‘(iii) the experience in commercial air partment of Justice in order to establish, facilities, and navigational aids. tour operations over other national parks or through a written memorandum of under- TITLE VII—NATIONAL PARKS scenic areas; standing, preclearance procedures to prevent OVERFLIGHTS ‘‘(iv) the financial capability of the com- unnecessary duplication of effort by the Sec- SEC. 701. FINDINGS. pany; retary and the Assistant Attorney General The Congress finds that— ‘‘(v) any training programs for pilots; and under this section and the United States (1) the Federal Aviation Administration ‘‘(vi) responsiveness to any criteria devel- antitrust laws, respectively. has sole authority to control airspace over oped by the National Park Service or the af- ‘‘(g) PRIOR AGREEMENTS.—With respect to a the United States; fected national park. joint venture agreement entered into before (2) the Federal Aviation Administration ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— the date of enactment of this section as to has the authority to preserve, protect, and In determining the number of authorizations which the Secretary finds that— enhance the environment by minimizing, to issue to provide commercial air tour serv- ‘‘(1) the parties have submitted the agree- mitigating, or preventing the adverse effects ice over a national park, the Administrator, ment to the Secretary before such date of en- of aircraft overflights on the public and trib- in cooperation with the Director, shall take actment; and al lands; into consideration the provisions of the air ‘‘(2) the parties have submitted any infor- (3) the National Park Service has the re- tour management plan, the number of exist- mation on the agreement requested by the sponsibility of conserving the scenery and ing commercial air tour operators and cur- Secretary, natural and historic objects and wildlife in rent level of service and equipment provided the waiting period described in paragraphs national parks and of providing for the en- by any such companies, and the financial vi- (2) and (3) shall begin on the date, as deter- joyment of the national parks in ways that ability of each commercial air tour oper- mined by the Secretary, on which all such leave the national parks unimpaired for fu- ation. information was submitted and end on the ture generations; ‘‘(D) COOPERATION WITH NPS.—Before grant- last day to which the period could be ex- (4) the protection of tribal lands from air- ing an application under this paragraph, the tended under this section. craft overflights is consistent with protect- Administrator shall, in cooperation with the ‘‘(h) LIMITATION ON STATUTORY CONSTRUC- ing the public health and welfare and is es- Director, develop an air tour management TION.—The authority granted to the Sec- sential to the maintenance of the natural plan in accordance with subsection (b) and retary under this subsection shall not in any and cultural resources of Indian tribes; implement such plan. way limit the authority of the Attorney (5) the National Parks Overflights Working ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- General to enforce the antitrust laws as de- Group, composed of general aviation, air PLICATIONS.—The Administrator shall act on fined in the first section of the Clayton Act tour, environmental, and Native American any such application and issue a decision on (15 U.S.C. 12).’’. representatives, recommended that the Con- the application not later than 24 months (b) CONFORMING AMENDMENT.—The analysis gress enact legislation based on its consen- after it is received or amended. for subchapter I of such chapter is amended sus work product; and ‘‘(3) EXCEPTION.—Notwithstanding para- by adding at the end the following: (6) this title reflects the recommendations graph (1), commercial air tour operators may ‘‘41716. Joint venture agreements.’’. made by that Group. conduct commercial air tour operations over SEC. 611. REGIONAL AIR SERVICE INCENTIVE OP- SEC. 702. AIR TOUR MANAGEMENT PLANS FOR a national park under part 91 of the Federal TIONS. NATIONAL PARKS. Aviation Regulations (14 CFR 91.1 et seq.) (a) PURPOSE.—The purpose of this section (a) IN GENERAL.—Chapter 401, as amended if— is to provide the Congress with an analysis by section 301 of this Act, is amended by add- ‘‘(A) such activity is permitted under part of means to improve service by jet aircraft ing at the end the following: 119 (14 CFR 119.1(e)(2)); S2304 CONGRESSIONAL RECORD — SENATE March 4, 1999

‘‘(B) the operator secures a letter of agree- ‘‘(F) shall justify and document the need ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— ment from the Administrator and the na- for measures taken pursuant to subpara- ‘‘(A) IN GENERAL.—The Administrator, in tional park superintendent for that national graphs (A) through (E). cooperation with the Director, may grant in- park describing the conditions under which ‘‘(4) PROCEDURE.—In establishing a com- terim operating authority under this para- the flight operations will be conducted; and mercial air tour management plan for a na- graph to an air tour operator for a national ‘‘(C) the total number of operations under tional park, the Administrator and the Di- park for which that operator is a new en- this exception is limited to not more than 5 rector shall— trant air tour operator if the Administrator flights in any 30-day period over a particular ‘‘(A) initiate at least one public meeting determines the authority is necessary to en- park. with interested parties to develop a commer- sure competition in the provision of com- ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- cial air tour management plan for the park; mercial air tours over that national park or MENTS.—Notwithstanding subsection (c), an ‘‘(B) publish the proposed plan in the Fed- those tribal lands. existing commercial air tour operator shall, eral Register for notice and comment and ‘‘(B) SAFETY LIMITATION.—The Adminis- not later than 90 days after the date of en- make copies of the proposed plan available trator may not grant interim operating au- actment of the Wendell H. Ford National Air to the public; thority under subparagraph (A) if the Ad- Transportation System Improvement Act of ‘‘(C) comply with the regulations set forth ministrator determines that it would create 1998, apply for operating authority under in sections 1501.3 and 1501.5 through 1501.8 of a safety problem at that park or on tribal part 119, 121, or 135 of the Federal Aviation title 40, Code of Federal Regulations (for pur- lands, or the Director determines that it Regulations (14 CFR Pt. 119, 121, or 135). A poses of complying with those regulations, would create a noise problem at that park or new entrant commercial air tour operator the Federal Aviation Administration is the on tribal lands. shall apply for such authority before con- lead agency and the National Park Service is ‘‘(C) ATMP LIMITATION.—The Adminis- ducting commercial air tour operations over a cooperating agency); and trator may grant interim operating author- a national park or tribal lands. ‘‘(D) solicit the participation of any Indian ity under subparagraph (A) of this paragraph tribe whose tribal lands are, or may be, only if the air tour management plan for the ‘‘(b) AIR TOUR MANAGEMENT PLANS.— overflown by aircraft involved in commercial park or tribal lands to which the application ‘‘(1) ESTABLISHMENT OF ATMPS.— air tour operations over a national park or relates has not been developed within 24 ‘‘(A) IN GENERAL.—The Administrator tribal lands, as a cooperating agency under months after the date of enactment of the shall, in cooperation with the Director, es- the regulations referred to in paragraph Wendell H. Ford National Air Transportation tablish an air tour management plan for any (4)(C). System Improvement Act of 1998. national park or tribal land for which such a ‘‘(5) AMENDMENTS.—Any amendment of an ‘‘(d) DEFINITIONS.—In this section, the fol- plan is not already in effect whenever a per- air tour management plan shall be published lowing definitions apply: son applies for authority to operate a com- in the Federal Register for notice and com- ‘‘(1) COMMERCIAL AIR TOUR.—The term mercial air tour over the park. The develop- ment. A request for amendment of an air ‘commercial air tour’ means any flight con- ment of the air tour management plan is to tour management plan shall be made in such ducted for compensation or hire in a powered be a cooperative undertaking between the form and manner as the Administrator may aircraft where a purpose of the flight is Federal Aviation Administration and the Na- prescribe. sightseeing. If the operator of a flight asserts tional Park Service. The air tour manage- ‘‘(c) INTERIM OPERATING AUTHORITY.— that the flight is not a commercial air tour, ment plan shall be developed by means of a ‘‘(1) IN GENERAL.—Upon application for op- factors that can be considered by the Admin- public process, and the agencies shall de- erating authority, the Administrator shall istrator in making a determination of velop information and analysis that explains grant interim operating authority under this whether the flight is a commercial air tour, the conclusions that the agencies make in paragraph to a commercial air tour operator include, but are not limited to— the application of the respective criteria. for a national park or tribal lands for which ‘‘(A) whether there was a holding out to Such explanations shall be included in the the operator is an existing commercial air the public of willingness to conduct a sight- Record of Decision and may be subject to ju- tour operator. seeing flight for compensation or hire; dicial review. ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- ‘‘(B) whether a narrative was provided that ‘‘(B) OBJECTIVE.—The objective of any air terim operating authority granted under this referred to areas or points of interest on the tour management plan shall be to develop subsection— surface; acceptable and effective measures to miti- ‘‘(A) shall provide annual authorization ‘‘(C) the area of operation; gate or prevent the significant adverse im- only for the greater of— ‘‘(D) the frequency of flights; pacts, if any, of commercial air tours upon ‘‘(i) the number of flights used by the oper- ‘‘(E) the route of flight; the natural and cultural resources and visi- ator to provide such tours within the 12- ‘‘(F) the inclusion of sightseeing flights as tor experiences and tribal lands. month period prior to the date of enactment part of any travel arrangement package; or ‘‘(2) ENVIRONMENTAL DETERMINATION.—In of the Wendell H. Ford National Air Trans- ‘‘(G) whether the flight or flights in ques- establishing an air tour management plan portation System Improvement Act of 1998; tion would or would not have been canceled under this subsection, the Administrator and or based on poor visibility of the surface. the Director shall each sign the environ- ‘‘(ii) the average number of flights per 12- ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The mental decision document required by sec- month period used by the operator to provide term ‘commercial air tour operator’ means tion 102 of the National Environmental Pol- such tours within the 36-month period prior any person who conducts a commercial air icy Act of 1969 (42 U.S.C. 4332) which may in- to such date of enactment, and, for seasonal tour. clude a finding of no significant impact, an operations, the number of flights so used ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPERA- environmental assessment, or an environ- during the season or seasons covered by that TOR.—The term ‘existing commercial air mental impact statement, and the Record of 12-month period; tour operator’ means a commercial air tour Decision for the air tour management plan. ‘‘(B) may not provide for an increase in the operator that was actively engaged in the ‘‘(3) CONTENTS.—An air tour management number of operations conducted during any business of providing commercial air tours plan for a national park— time period by the commercial air tour oper- over a national park at any time during the ‘‘(A) may prohibit commercial air tour op- ator to which it is granted unless the in- 12-month period ending on the date of enact- erations in whole or in part; crease is agreed to by the Administrator and ment of the Wendell H. Ford National Air ‘‘(B) may establish conditions for the con- the Director; Transportation System Improvement Act of duct of commercial air tour operations, in- ‘‘(C) shall be published in the Federal Reg- 1998. cluding commercial air tour routes, maxi- ister to provide notice and opportunity for ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- mum or minimum altitudes, time-of-day re- comment; ERATOR.—The term ‘new entrant commercial strictions, restrictions for particular events, ‘‘(D) may be revoked by the Administrator air tour operator’ means a commercial air maximum number of flights per unit of time, for cause; tour operator that— intrusions on privacy on tribal lands, and ‘‘(E) shall terminate 180 days after the date ‘‘(A) applies for operating authority as a mitigation of noise, visual, or other impacts; on which an air tour management plan is es- commercial air tour operator for a national ‘‘(C) shall apply to all commercial air tours tablished for that park or those tribal lands; park; and within 1⁄2 mile outside the boundary of a na- and ‘‘(B) has not engaged in the business of tional park; ‘‘(F) shall— providing commercial air tours over that na- ‘‘(D) shall include incentives (such as pre- ‘‘(i) promote protection of national park tional park or those tribal lands in the 12- ferred commercial air tour routes and alti- resources, visitor experiences, and tribal month period preceding the application. tudes, relief from caps and curfews) for the lands; ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.— adoption of quiet aircraft technology by ‘‘(ii) promote safe operations of the com- The term ‘commercial air tour operations’ commercial air tour operators conducting mercial air tour; means commercial air tour flight operations commercial air tour operations at the park; ‘‘(iii) promote the adoption of quiet tech- conducted— ‘‘(E) shall provide for the initial allocation nology, as appropriate; and ‘‘(A) over a national park or within 1⁄2 mile of opportunities to conduct commercial air ‘‘(iv) allow for modifications of the oper- outside the boundary of any national park; tours if the plan includes a limitation on the ation based on experience if the modification ‘‘(B) below a minimum altitude, deter- number of commercial air tour flights for improves protection of national park re- mined by the Administrator in cooperation any time period; and sources and values and of tribal lands. with the Director, above ground level (except March 4, 1999 CONGRESSIONAL RECORD — SENATE S2305

solely for purposes of takeoff or landing, or (c) DUTIES.—The advisory group shall pro- (4) the achievement by the Wright brothers necessary for safe operation of an aircraft as vide advice, information, and recommenda- stands as a triumph of American ingenuity, determined under the rules and regulations tions to the Administrator and the inventiveness, and diligence in developing of the Federal Aviation Administration re- Director— new technologies, and remains an inspiration quiring the pilot-in-command to take action (1) on the implementation of this title; for all Americans; to ensure the safe operation of the aircraft); (2) on the designation of appropriate and (5) it is appropriate to remember and renew and feasible quiet aircraft technology standards the legacy of the Wright brothers at a time ‘‘(C) less than 1 mile laterally from any ge- for quiet aircraft technologies under devel- when the values of creativity and daring rep- ographic feature within the park (unless opment for commercial purposes, which will resented by the Wright brothers are critical more than 1⁄2 mile outside the boundary). receive preferential treatment in a given air to the future of the Nation; and ‘‘(6) NATIONAL PARK.—The term ‘national tour management plan; (6) as the Nation approaches the 100th an- park’ means any unit of the National Park (3) on other measures that might be taken niversary of powered flight, it is appropriate System. to accommodate the interests of visitors to to celebrate and commemorate the centen- ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ national parks; and nial year through local, national, and inter- means ‘Indian country’, as defined by section (4) on such other national park or tribal national observances and activities. 1151 of title 18, United States Code, that is lands-related safety, environmental, and air SEC. 803. ESTABLISHMENT. within or abutting a national park. touring issues as the Administrator and the There is established a commission to be ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- Director may request. known as the Centennial of Flight Commis- trator’ means the Administrator of the Fed- (d) COMPENSATION; SUPPORT; FACA.— sion. (1) COMPENSATION AND TRAVEL.—Members eral Aviation Administration. SEC. 804. MEMBERSHIP. of the advisory group who are not officers or ‘‘(9) DIRECTOR.—The term ‘Director’ means (a) NUMBER AND APPOINTMENT.—The Com- the Director of the National Park Service.’’. employees of the United States, while at- mission shall be composed of 6 members, as tending conferences or meetings of the group (b) EXEMPTIONS.— follows: or otherwise engaged in its business, or while (1) GRAND CANYON.—Section 40126 of title (1) The Director of the National Air and 49, United States Code, as added by sub- serving away from their homes or regular Space Museum of the Smithsonian Institu- section (a), does not apply to— places of business, each member may be al- tion or his designee. (A) the Grand Canyon National Park; or lowed travel expenses, including per diem in (2) The Administrator of the National Aer- (B) Indian country within or abutting the lieu of subsistence, as authorized by section onautics and Space Administration or his Grand Canyon National Park. 5703 of title 5, United States Code, for per- designee. sons in the Government service employed (2) ALASKA.—The provisions of this title (3) The chairman of the First Flight Cen- and section 40126 of title 49, United States intermittently. tennial Foundation of North Carolina, or his Code, as added by subsection (a), do not (2) ADMINISTRATIVE SUPPORT.—The Federal designee. apply to any land or waters located in Alas- Aviation Administration and the National (4) The chairman of the 2003 Committee of ka. Park Service shall jointly furnish to the ad- Ohio, or his designee. visory group clerical and other assistance. (3) COMPLIANCE WITH OTHER REGULATIONS.— (5) As chosen by the Commission, the presi- For purposes of section 40126 of title 49, (3) NONAPPLICATION OF FACA.—Section 14 of dent or head of a United States aeronautical United States Code— the Federal Advisory Committee Act (5 society, foundation, or organization of na- (A) regulations issued by the Secretary of U.S.C. App.) does not apply to the advisory tional stature or prominence who will be a Transportation and the Administrator of the group. person from a State other than Ohio or (e) REPORT.—The Administrator and the Federal Aviation Administration under sec- North Carolina. Director shall jointly report to the Congress tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, within 24 months after the date of enactment (6) The Administrator of the Federal Avia- note); and of this Act on the success of this title in pro- tion Administration, or his designee. (b) VACANCIES.—Any vacancy in the Com- (B) commercial air tour operations carried viding incentives for quiet aircraft tech- mission shall be filled in the same manner in out in compliance with the requirements of nology. those regulations, which the original designation was made. SEC. 704. OVERFLIGHT FEE REPORT. shall be deemed to meet the requirements of (c) COMPENSATION.— Not later than 180 days after the date of (1) PROHIBITION OF PAY.—Except as pro- such section 40126. enactment of this Act, the Administrator of (c) CLERICAL AMENDMENT.—The table of vided in paragraph (2), members of the Com- the Federal Aviation Administration shall sections for chapter 401 is amended by adding mission shall serve without pay or com- transmit to Congress a report on the effects pensation. at the end thereof the following: proposed overflight fees are likely to have on (2) TRAVEL EXPENSES.—The Commission ‘‘40126. Overflights of national parks.’’. the commercial air tour industry. The report may adopt a policy, only by unanimous vote, SEC. 703. ADVISORY GROUP. shall include, but shall not be limited to— for members of the Commission and related (a) ESTABLISHMENT.—Not later than 1 year (1) the viability of a tax credit for the com- advisory panels to receive travel expenses, after the date of enactment of this Act, the mercial air tour operators equal to the including per diem in lieu of subsistence. Administrator of the Federal Aviation Ad- amount of the proposed fee charged by the The policy may not exceed the levels estab- ministration and the Director of the Na- National Park Service; and lished under sections 5702 and 5703 of title 5, tional Park Service shall jointly establish an (2) the financial effects proposed offsets are United States Code. Members who are Fed- advisory group to provide continuing advice likely to have on Federal Aviation Adminis- eral employees shall not receive travel ex- and counsel with respect to the operation of tration budgets and appropriations. penses if otherwise reimbursed by the Fed- commercial air tours over and near national SEC. 705. PROHIBITION OF COMMERCIAL AIR eral Government. TOURS OVER THE ROCKY MOUNTAIN parks. (d) QUORUM.—Three members of the Com- (b) MEMBERSHIP.— NATIONAL PARK. Effective beginning on the date of enact- mission shall constitute a quorum. (1) IN GENERAL.—The advisory group shall (e) CHAIRPERSON.—The Commission shall ment of this Act, no commercial air tour be composed of— select a Chairperson of the Commission from may be operated in the airspace over the (A) a balanced group of — the members designated under subsection (a) Rocky Mountain National Park notwith- (i) representatives of general aviation; (1), (2), or (5). The Chairperson may not vote standing any other provision of this Act or (ii) representatives of commercial air tour on matters before the Commission except in section 40126 of title 49, United States Code, operators; the case of a tie vote. The Chairperson may as added by this Act. (iii) representatives of environmental con- be removed by a vote of a majority of the cerns; and TITLE VIII—CENTENNIAL OF FLIGHT Commission’s members. (iv) representatives of Indian tribes; COMMEMORATION (f) ORGANIZATION.—No later than 90 days (B) a representative of the Federal Avia- SEC. 801. SHORT TITLE. after the date of enactment of this Act, the tion Administration; and This title may be cited as the ‘‘Centennial Commission shall meet and select a Chair- (C) a representative of the National Park of Flight Commemoration Act’’. person, Vice Chairperson, and Executive Di- Service. SEC. 802. FINDINGS. rector. (2) EX-OFFICIO MEMBERS.—The Adminis- Congress finds that— SEC. 805. DUTIES. trator and the Director shall serve as ex-offi- (1) December 17, 2003, is the 100th anniver- (a) IN GENERAL.—The Commission shall— cio members. sary of the first successful manned, free, con- (1) represent the United States and take a (3) CHAIRPERSON.—The representative of trolled, and sustained flight by a power-driv- leadership role with other nations in rec- the Federal Aviation Administration and the en, heavier-than-air machine; ognizing the importance of aviation history representative of the National Park Service (2) the first flight by Orville and Wilbur in general and the centennial of powered shall serve alternating 1-year terms as chair- Wright represents the fulfillment of the age- flight in particular, and promote participa- man of the advisory group, with the rep- old dream of flying; tion by the United States in such activities; resentative of the Federal Aviation Adminis- (3) the airplane has dramatically changed (2) encourage and promote national and tration serving initially until the end of the the course of transportation, commerce, international participation and sponsorships calendar year following the year in which communication, and warfare throughout the in commemoration of the centennial of pow- the advisory group is first appointed. world; ered flight by persons and entities such as— S2306 CONGRESSIONAL RECORD — SENATE March 4, 1999 (A) aerospace manufacturing companies; mission may procure supplies, services, and and organizations that will contribute to (B) aerospace-related military organiza- property, and make or enter into leases and public awareness of and interest in the cen- tions; other legal agreements in order to carry out tennial of powered flight and toward further- (C) workers employed in aerospace-related this title. ing the goals and purposes of this title. industries; (2) RESTRICTION.— (h) PROGRAM SUPPORT.—The Commission (D) commercial aviation companies; (A) IN GENERAL.—A contract, lease, or may receive program support from the non- (E) general aviation owners and pilots; other legal agreement made or entered into profit sector. (F) aerospace researchers, instructors, and by the Commission may not extend beyond SEC. 808. CONTRIBUTIONS. enthusiasts; the date of the termination of the Commis- (a) DONATIONS.—The Commission may ac- (G) elementary, secondary, and higher edu- sion. cept donations of personal services and his- cational institutions; (B) FEDERAL SUPPORT.—The Commission toric materials relating to the implementa- (H) civil, patriotic, educational, sporting, shall obtain property, equipment, and office tion of its responsibilities under the provi- arts, cultural, and historical organizations space from the General Services Administra- sions of this title. and technical societies; tion or the Smithsonian Institution, unless (b) VOLUNTEER SERVICES.—Notwithstand- (I) aerospace-related museums; and other office space, property, or equipment is ing section 1342 of title 31, United States (J) State and local governments; less costly. Code, the Commission may accept and use voluntary and uncompensated services as the (3) plan and develop, in coordination with (3) SUPPLIES AND PROPERTY POSSESSED BY Commission determines necessary. the First Flight Centennial Commission, the COMMISSION AT TERMINATION.—Any supplies (c) REMAINING FUNDS.—Any funds (includ- First Flight Centennial Foundation of North and property, except historically significant ing funds received from licensing royalties) Carolina, and the 2003 Committee of Ohio, items, that are acquired by the Commission remaining with the Commission on the date programs and activities that are appropriate under this title and remain in the possession of the termination of the Commission may to commemorate the 100th anniversary of of the Commission on the date of the termi- be used to ensure proper disposition, as spec- powered flight; nation of the Commission shall become the ified in the final report required under sec- (4) maintain, publish, and distribute a cal- property of the General Services Administra- tion 810(b), of historically significant prop- endar or register of national and inter- tion upon the date of termination. erty which was donated to or acquired by the national programs and projects concerning, (d) MAILS.—The Commission may use the Commission. Any funds remaining after such and provide a central clearinghouse for, in- United States mails in the same manner and disposition shall be transferred to the Sec- formation and coordination regarding, dates, under the same conditions as any other Fed- retary of the Treasury for deposit into the events, and places of historical and com- eral agency. general fund of the Treasury of the United memorative significance regarding aviation SEC. 807. STAFF AND SUPPORT SERVICES. States. history in general and the centennial of pow- (a) EXECUTIVE DIRECTOR.—There shall be SEC. 809. EXCLUSIVE RIGHT TO NAME, LOGOS, ered flight in particular; an Executive Director appointed by the Com- EMBLEMS, SEALS, AND MARKS. (5) provide national coordination for cele- mission and chosen from among detailees (a) IN GENERAL.—The Commission may de- bration dates to take place throughout the from the agencies and organizations rep- vise any logo, emblem, seal, or descriptive or United States during the centennial year; resented on the Commission. The Executive designating mark that is required to carry (6) assist in conducting educational, civic, Director may be paid at a rate not to exceed out its duties or that it determines is appro- and commemorative activities relating to the maximum rate of basic pay payable for priate for use in connection with the com- the centennial of powered flight throughout the Senior Executive Service. memoration of the centennial of powered the United States, especially activities that (b) STAFF.—The Commission may appoint flight. (b) LICENSING.—The Commission shall have occur in the States of North Carolina and and fix the pay of any additional personnel the sole and exclusive right to use, or to Ohio and that highlight the activities of the that it considers appropriate, except that an allow or refuse the use of, the name ‘‘Centen- Wright brothers in such States; and individual appointed under this subsection nial of Flight Commission’’ on any logo, em- (7) encourage the publication of popular may not receive pay in excess of the maxi- blem, seal, or descriptive or designating and scholarly works related to the history of mum rate of basic pay payable for GS–14 of mark that the Commission lawfully adopts. aviation or the anniversary of the centennial the General Schedule. of powered flight. (c) EFFECT ON OTHER RIGHTS.—No provision (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- of this section may be construed to conflict (b) NONDUPLICATION OF ACTIVITIES.—The ICE LAWS.—The Executive Director and staff Commission shall attempt to plan and con- or interfere with established or vested of the Commission may be appointed without rights. duct its activities in such a manner that ac- regard to the provisions of title 5, United (d) USE OF FUNDS.—Funds from licensing tivities conducted pursuant to this title en- States Code, governing appointments in the royalties received pursuant to this section hance, but do not duplicate, traditional and competitive service, and may be paid with- shall be used by the Commission to carry out established activities of Ohio’s 2003 Commit- out regard to the provisions of chapter 51 and the duties of the Commission specified by tee, North Carolina’s First Flight Centennial subchapter III of chapter 53 of such title, re- this title. Commission, the First Flight Centennial lating to classification and General Schedule (e) LICENSING RIGHTS.—All exclusive licens- Foundation, or any other organization of na- pay rates, except as provided under sub- ing rights, unless otherwise specified, shall tional stature or prominence. sections (a) and (b) of this section. revert to the Air and Space Museum of the SEC. 806. POWERS. (d) MERIT SYSTEM PRINCIPLES.—The ap- Smithsonian Institution upon termination of (a) ADVISORY COMMITTEES AND TASK pointment of the Executive Director or any the Commission. FORCES.— personnel of the Commission under sub- SEC. 810. REPORTS. (1) IN GENERAL.—The Commission may ap- section (a) or (b) shall be made consistent (a) ANNUAL REPORT.—In each fiscal year in point any advisory committee or task force with the merit system principles under sec- which the Commission is in existence, the from among the membership of the Advisory tion 2301 of title 5, United States Code. Commission shall prepare and submit to Board in section 812. (e) STAFF OF FEDERAL AGENCIES.—Upon re- Congress a report describing the activities of (2) FEDERAL COOPERATION.—To ensure the quest by the Chairperson of the Commission, the Commission during the fiscal year. Each overall success of the Commission’s efforts, the head of any Federal department or agen- annual report shall also include— the Commission may call upon various Fed- cy may detail, on either a nonreimbursable (1) recommendations regarding appropriate eral departments and agencies to assist in or reimbursable basis, any of the personnel activities to commemorate the centennial of and give support to the programs of the of the department or agency to the Commis- powered flight, including— Commission. The head of the Federal depart- sion to assist the Commission to carry out (A) the production, publication, and dis- ment or agency, where appropriate, shall fur- its duties under this title. tribution of books, pamphlets, films, and nish the information or assistance requested (f) ADMINISTRATIVE SUPPORT SERVICES.— other educational materials; by the Commission, unless prohibited by law. (1) REIMBURSABLE SERVICES.—The Sec- (B) bibliographical and documentary (3) PROHIBITION OF PAY OTHER THAN TRAVEL retary of the Smithsonian Institution may projects and publications; EXPENSES.—Members of an advisory commit- provide to the Commission on a reimburs- (C) conferences, convocations, lectures, tee or task force authorized under paragraph able basis any administrative support serv- seminars, and other similar programs; (1) shall not receive pay, but may receive ices that are necessary to enable the Com- (D) the development of exhibits for librar- travel expenses pursuant to the policy adopt- mission to carry out this title. ies, museums, and other appropriate institu- ed by the Commission under section 804(c)(2). (2) NONREIMBURSABLE SERVICES.—The Sec- tions; (b) POWERS OF MEMBERS AND AGENTS.—Any retary may provide administrative support (E) ceremonies and celebrations commemo- member or agent of the Commission may, if services to the Commission on a non- rating specific events that relate to the his- authorized by the Commission, take any ac- reimbursable basis when, in the opinion of tory of aviation; tion that the Commission is authorized to the Secretary, the value of such services is (F) programs focusing on the history of take under this title. insignificant or not practical to determine. aviation and its benefits to the United (c) AUTHORITY TO PROCURE AND TO MAKE (g) COOPERATIVE AGREEMENTS.—The Com- States and humankind; and LEGAL AGREEMENTS.— mission may enter into cooperative agree- (G) competitions, commissions, and awards (1) IN GENERAL.—Notwithstanding any ments with other Federal agencies, State regarding historical, scholarly, artistic, lit- other provision in this title, only the Com- and local governments, and private interests erary, musical, and other works, programs, March 4, 1999 CONGRESSIONAL RECORD — SENATE S2307 and projects related to the centennial of science, or education, or their ability to rep- (1) $250,000 for fiscal year 1999; powered flight; resent the entities enumerated under section (2) $600,000 for fiscal year 2000; (2) recommendations to appropriate agen- 805(a)(2). (3) $750,000 for fiscal year 2001; cies or advisory bodies regarding the (G) Four citizens of the United States, ap- (4) $900,000 for fiscal year 2002; issuance of commemorative coins, medals, pointed by the majority leader of the Senate (5) $900,000 for fiscal year 2003; and and stamps by the United States relating to in consultation with the minority leader of (6) $600,000 for fiscal year 2004. aviation or the centennial of powered flight; the Senate. (3) recommendations for any legislation or (H) Four citizens of the United States, ap- By Mr. LUGAR: administrative action that the Commission pointed by the Speaker of the House of Rep- S. 537. A bill to amend the Internal determines to be appropriate regarding the resentatives in consultation with the minor- Revenue Code of 1986 to adjust the ex- commemoration of the centennial of powered ity leader of the House of Representatives. emption amounts used to calculate the flight; Of the individuals appointed under this individual alternative minimum tax (4) an accounting of funds received and ex- subparagraph— pended by the Commission in the fiscal year for inflation since 1993; to the Commit- (i) one shall be selected from among indi- tee on Finance. that the report concerns, including a de- viduals recommended by the representative tailed description of the source and amount whose district encompasses the Wright INDEXATION OF ALTERNATIVE MINIMUM TAX of any funds donated to the Commission in Brothers National Memorial; and EXEMPTIONS the fiscal year; and (ii) one shall be selected from among indi- Mr. LUGAR. Mr. President, I am in- (5) an accounting of any cooperative agree- viduals recommended by the representatives troducing today a bill to address what ments and contract agreements entered into whose districts encompass any part of the has become an increasingly heavy bur- by the Commission. Dayton Aviation Heritage National Histori- den for middle-income taxpayers: the (b) FINAL REPORT.—Not later than June 30, cal Park. 2004, the Commission shall submit to the Alternative Minimum Tax, or AMT. (c) VACANCIES.—Any vacancy in the Advi- My bill would retroactively index to President and Congress a final report. The sory Board shall be filled in the same man- final report shall contain— ner in which the original designation was inflation the exemptions used to cal- (1) a summary of the activities of the Com- made. culate an individual taxpayer’s AMT li- mission; (d) MEETINGS.—Seven members of the Ad- ability. The indexation would begin in (2) a final accounting of funds received and visory Board shall constitute a quorum for a 1993—the last time these exemptions expended by the Commission; meeting. All meetings shall be open to the were raised. The AMT is conspicuous (3) any findings and conclusions of the public. Commission; and for its lack of indexation. Under the (e) CHAIRPERSON.—The President shall des- regular income tax, the tax rate struc- (4) specific recommendations concerning ignate 1 member appointed under subsection the final disposition of any historically sig- (b)(1)(F) as chairperson of the Advisory ture, the standard deductions, the per- nificant items acquired by the Commission, Board. sonal exemptions, and certain other including items donated to the Commission (f) MAILS.—The Advisory Board may use structural components are indexed so under section 808(a)(1). the United States mails in the same manner that taxpayers are not pushed into SEC. 811. AUDIT OF FINANCIAL TRANSACTIONS. and under the same conditions as a Federal higher income tax brackets just be- (a) IN GENERAL.— agency. cause their income has kept pace with (1) AUDIT.—The Comptroller General of the (g) DUTIES.—The Advisory Board shall ad- the cost of living. United States shall audit on an annual basis vise the Commission on matters related to the financial transactions of the Commis- The Joint Tax Committee estimates this title. that in 1997, 605,000 taxpayers were sub- sion, including financial transactions involv- (h) PROHIBITION OF COMPENSATION OTHER ing donated funds, in accordance with gen- THAN TRAVEL EXPENSES.—Members of the ject to the AMT. According to these erally accepted auditing standards. Advisory Board shall not receive pay, but same estimates, which take into ac- (2) ACCESS.—In conducting an audit under may receive travel expenses pursuant to the count the changes in the Taxpayer Re- this section, the Comptroller General— policy adopted by the Commission under sec- lief Act of 1997, taxpayers subject to (A) shall have access to all books, ac- tion 804(e). the AMT could total 12 million by 2007. counts, financial records, reports, files, and (i) TERMINATION.—The Advisory Board This is an increase of more than 1,800 other papers, items, or property in use by the shall terminate upon the termination of the percent in the number of taxpayers Commission, as necessary to facilitate the Commission. paying this particular tax. According audit; and SEC. 813. DEFINITIONS. (B) shall be afforded full facilities for veri- In this title: to the Joint Tax Committee, this dra- fying the financial transactions of the Com- (1) ADVISORY BOARD.—The term ‘‘Advisory matic expansion of the AMT’s reach mission, including access to any financial Board’’ means the Centennial of Flight Fed- can largely be attributed to the lack of records or securities held for the Commission eral Advisory Board. indexation of the AMT exemptions. by depositories, fiscal agents, or custodians. (2) CENTENNIAL OF POWERED FLIGHT.—The The AMT was created in 1969 after a (b) FINAL REPORT.—Not later than Septem- term ‘‘centennial of powered flight’’ means Treasury Department study revealed ber 30, 2004, the Comptroller General of the the anniversary year, from December 2002 to United States shall submit to the President that 155 individuals who had annual in- December 2003, commemorating the 100-year and to Congress a report detailing the re- comes in excess of $200,000 had avoided history of aviation beginning with the First sults of any audit of the financial trans- paying taxes because of loopholes in Flight and highlighting the achievements of actions of the Commission conducted by the the Wright brothers in developing the tech- the tax code. We can all agree that Comptroller General. nologies which have led to the development upper-income individuals should pay SEC. 812. ADVISORY BOARD. of aviation as it is known today. their fair share of taxes. The AMT was (a) ESTABLISHMENT.—There is established a (3) COMMISSION.—The term ‘‘Commission’’ created effectively to be a tax on the First Flight Centennial Federal Advisory means the Centennial of Flight Commission. Board. use of incentives and preferences to re- (b) NUMBER AND APPOINTMENT.— (4) DESIGNEE.—The term ‘‘designee’’ means duce an individual’s income tax liabil- (1) IN GENERAL.—The Board shall be com- a person from the respective entity of each ity. However, since its implementation, posed of 19 members as follows: entity represented on the Commission or Ad- the AMT has inadvertently created visory Board. (A) The Secretary of the Interior, or the larger tax burdens for the middle-class, (5) FIRST FLIGHT.—The term ‘‘First Flight’’ designee of the Secretary. who were never meant to be subject to (B) The Librarian of Congress, or the des- means the first four successful manned, free, controlled, and sustained flights by a power- the AMT. ignee of the Librarian. Of the more than two million tax- (C) The Secretary of the Air Force, or the driven, heavier-than-air machine, which designee of the Secretary. were accomplished by Orville and Wilbur payers who this year will be subject to (D) The Secretary of the Navy, or the des- Wright of Dayton, Ohio on December 17, 1903, the AMT, about half will have incomes ignee of the Secretary. at Kitty Hawk, North Carolina. between $30,000 and $100,000. Some are (E) The Secretary of Transportation, or SEC. 814. TERMINATION. single working parents; and some are the designee of the Secretary. The Commission shall terminate not later people who make as little as $527 a (F) Six citizens of the United States, ap- than 60 days after the submission of the final week, according to a recent article by pointed by the President, who— report required by section 810(b) and shall transfer all documents and material to the David Cay Johnston in the January 10, (i) are not officers or employees of any 1999 New York Times. Mr. President, I government (except membership on the National Archives or other appropriate Fed- Board shall not be construed to apply to the eral entity. will submit this article for the RECORD. limitation under this clause); and SEC. 815. AUTHORIZATION OF APPROPRIATIONS. Overall, the number of people affected (ii) shall be selected based on their experi- There are authorized to be appropriated to by this tax is expected to grow 26 per- ence in the fields of aerospace history, carry out this title— cent a year for the next decade. S2308 CONGRESSIONAL RECORD — SENATE March 4, 1999 The Taxpayer Relief Act of 1997 ac- S. 537 Congress decided that once these ‘‘tax pref- celerated the growth of the AMT. Be it enacted by the Senate and House of Rep- erences’’ exceeded certain amounts—$40,000 Under this law, even more middle-in- resentatives of the United States of America in for a married couple, for example—people come families may be subject to the Congress assembled, would be moved out of the regular income SECTION 1. INFLATION ADJUSTMENT FOR INDI- tax and into the alternative minimum tax. AMT because they cannot take the full At the time, the threshold was high enough value of their child and education tax VIDUAL AMT EXEMPTION AMOUNTS. (a) IN GENERAL.—Section 55(d) of the Inter- to affect virtually no one but the rich. But it credits without reaching the AMT lim- nal Revenue Code of 1986 (relating to exemp- has since been raised only once—by 12.5 per- its for deductions. tion amount) is amended by adding at the cent, to $45,000 for a married couple—while Even if Congress were to exempt the end the following: the cost of living has risen 43 percent. And so child and education tax credits from ‘‘(4) INFLATION ADJUSTMENT.— the limits have sneaked up on growing num- the AMT calculation, it would only ‘‘(A) IN GENERAL.—In the case of any tax- bers of taxpayers of more modest means. able year beginning after 1998, each of the ‘‘Everyone knew back then that it had slow the spread of the AMT slightly if problems that had to be fixed,’’ Mr. Steuerle the tax is not indexed for inflation, ac- dollar amounts contained in paragraphs (1) and (3) shall be increased by an amount recalled. ‘‘They just said, ‘next year.’ ’’ cording to a study by two Treasury De- equal to— But ‘‘next year’’ has never come—and it is partment economists, Robert Rebelein ‘‘(i) such dollar amount, multiplied by unlikely to arrive in 1999, either. While tax and Jerry Tempalski. I will also submit ‘‘(ii) the cost-of-living adjustment deter- policy experts have known for years that the their study for the RECORD. mined under section 1(f)(3) for such calendar middle class would be drawn into the A.M.T., few taxpayers have been clamoring for I believe that indexing the AMT ex- year. ‘‘(B) ROUNDING.—If any increase deter- change. emptions is the best way to restrain Among those few, however, are David and the unintended reach of the AMT. The mined under subparagraph (A) is not a mul- tiple of $50, such increase shall be rounded to Margaret Klaassen of Marquette, Kan. Mr. AMT exemptions have only been raised the nearest multiple of $50.’’ Klaassen, a lawyer who lives in and works once, in 1993, by 12.5 percent, from (b) EFFECTIVE DATE.—The amendment out of a farmhouse, made $89,751.07 in 1997 $40,000 to $45,000. Since 1986, when the made by this section shall apply to taxable and paid $5,989 in Federal income taxes. Four tax code was last overhauled, the cost years beginning after December 31, 1998. weeks ago, the Internal Revenue Service of living has risen 43 percent. Indexing sent the Klaassens a notice demanding $3,761 [From the New York Times, Jan. 10, 1999] more under the alternative minimum tax, in- would bring the AMT into line with the cluding a penalty because the I.R.S. said the FUNNY, THEY DON’T LOOK LIKE FAT CATS rest of our tax structure. It would also Klaassens knew they owed the A.M.T. avoid adding any complexity to the al- (By David Cay Johnston) Mr. Klaassen acknowledges that he knew ready burdensome task of taxpaying Three decades ago, Congress, embarrassed the I.R.S. would assert that he was subject Americans. by the disclosure that 155 wealthy Americans to the A.M.T., but he says the law was not Let me give you a real life example had paid no Federal income taxes, enacted meant to apply to his family. ‘‘I’ve never in- legislation aimed at preventing the very rich vested in a tax shelter,’’ he said. ‘‘I don’t of how the AMT has crept up on mid- from shielding their wealth in tax shelters. even have municipal bonds.’’ dle-income taxpayers. The New York Today, that legislation, creating the alter- The Klaassens do, however, have 13 chil- Times article provided a stark picture native minimum tax, is instead snaring a dren and their attendant medical expenses— of the AMT. David and Margaret rapidly growing number of middle-class tax- including the costs of caring for their second Klaassen of Marquette, Kansas, are a payers, forcing them to pay additional tax or son, Aaron, 17, who has battled leukemia for couple with 13 children. Mr. Klaassen to lose some of their tax breaks. years. It was those exemptions and deduc- works at home as a lawyer. In 1997, Mr. Of the more than two million taxpayers tions that subjected them to the A.M.T. who will be subject this year to the alter- ‘‘What kind of policy taxes you for spend- Klaassen earned $89,751 and paid $5,989 native minimum tax, or A.M.T., about half ing money to save your child’s life?’’ Mr. in Federal income tax. The IRS sent have incomes of $30,000 to $100,000. Some are Klaassen asked. the Klaassens a notice in December single parents with jobs; some are people The tax affects taxpayers in three ways. 1998 demanding an additional payment making as little as $527 a week. Over all, the Some, like the Klaassens, pay the tax at ei- of $3,761 under the AMT, including a number of people affected by the tax is ex- ther a 26 percent or a 28 percent rate because penalty. The Klaassens’ tax bill was pected to grow 26 percent a year for the next they have more than $45,000 in exemptions higher because the AMT, a tax mecha- decade. and deductions. Others do not pay the A.M.T. nism aimed at wealthy individuals who But many of the wealthy will not be itself, but they cannot take the full tax among them. Even with the A.M.T., the breaks they would have received under the would otherwise pay no taxes, applied number of taxpayers making more than regular income tax system without running to them. $200,000 who pay no taxes has risen to more up against limits set by the A.M.T. The The Klaassens are subject to the than 2,000 each year. A.M.T. can also convert tax-exempt income AMT because medical expenses for How a 1969 law aimed at the tax-shy rich from certain bonds and from exercising in- their 13 children, which include costs of became a growing burden on moderate earn- centive stock options into taxable income. battling their son’s leukemia, resulted ers illustrates how tax policy in Washington It may be useful to think of the alternative can be a hall of mirrors. minimum tax as a parallel universe to the in exemptions and deductions totaling While some Republican Congressmen favor regular income tax system, similar in some more than $45,000. Certainly the Con- eliminating the tax, other lawmakers say ways but more complex and with its own gress did not intend for the AMT to such a move would be an expensive tax break classifications of deductions, its own rates create an extra burden for families like for the wealthy—or at least would be per- and its own paperwork. The idea was that the Klaassens. ceived that way, and thus would be politi- taxpayers who had escaped the regular tax Mr. President, there is agreement cally unpalatable. And any overhaul of the universe by piling on credits and deductions from both the Administration and Con- system would need to compensate for the $6.6 would enter this new universe to pay their billion that individuals now pay under the gress that the AMT is a growing prob- fair share. (Likewise, there is a corporate A.M.T. This year, such payments will ac- A.M.T. that parallels the corporate income lem for the middle class and that some- count for almost 1 percent of all individual tax.) thing must be done. In this new era of income tax revenue. At first, the burden of the A.M.T. fell budget surpluses, the time has come ‘‘This is a classic case of both Congress and mainly on the shoulders of business owners for us to act to restore some measure the Administration agreeing that the tax and investors, said Robert S. McIntyre, exec- of fairness and simplicity to our in- doesn’t make much sense, but not being able utive director of Citizens for Tax Justice, a come tax code. This is why I advocate to agree on doing anything about it,’’ said C. nonprofit group in Washington that says the indexing the AMT, an approach that is Eugene Steuerle, an economist with the tax system favors the rich. Based on I.R.S. Urban Institute, a nonprofit research organi- data, Mr. McIntyre said he found that 37 per- supported by both the Tax Foundation zation in Washington. cent of A.M.T. revenue in 1990 was a result of and Citizens for Tax Justice. Mr. Steuerle was a Treasury Department business owners using losses from previous Mr. President, I ask unanimous con- tax official in 1986, when an overhaul of the years to reduce their regular income taxes; sent that my bill to index the AMT ex- tax code set the stage for drawing the middle an additional 18 percent was because of big emptions for inflation as well as addi- class into the A.M.T. deductions for state and local taxes. tional material be printed in the In eliminating most tax shelters for the But that has begun to shift, largely as a re- wealthy, Congress decided to treat exemp- sult of the 1986 changes, which eliminated RECORD. tions for children and deductions for medical most tax shelters and lowered tax rates. There being no objection, the mate- expenses just like special credits for inves- When President Reagan and Congress were rial was ordered to be printed in the tors in oil wells, if they cut too deeply into overhauling the tax code, they could not RECORD, as follows: a household’s taxable income. make the projected revene under the new March 4, 1999 CONGRESSIONAL RECORD — SENATE S2309 rules equal those under the old system. deductions but who makes $50,000 and takes the bill to $717. And 10 children, the number Huge, and growing, budget deficits made it a credit for the costs of caring for two chil- he had in 1994, increased that sum to $1,085— politically essential for the official esti- dren while he works, will be subject to the the amount the I.R.S. said was due. mates to show that after tax reform, the A.M.T. estimated Jeffrey Pretsfelder, an edi- ‘‘We love this country and we believe in same amount of money would flow to Wash- tor at RIA Group, a publisher of tax informa- paying taxes,’’ Mr. Klaassen said. ‘‘But we ington. tion for professionals. cannot believe that Congress ever intended One solution, said Mr. Steuerle, the former If the tax laws are not changed, 8.8 million to apply this tax to our family solely be- Treasury official, was to count personal and taxpayers will have to pay the A.M.T. a dec- cause of how many children we choose to dependent exemptions and some medical ex- ade from now, the Congressional Joint Com- have. And I have shown that we are subject penses as preferences to be reduced or ig- mittee on Taxation estimated last month. to the A.M.T solely because we have chosen nored under the A.M.T. just as special cred- Add in the taxpayers who will not receive not to limit the size of our family.’’ its for petroleum investments and other tax the full value of their deductions because The I.R.S., in papers opposing the shelters are. they run up against the limits set by the Klaassens, noted that tax deductions are not Mortgage interest and charitable gifts A.M.T., and the total grows to 11.6 million a right but a matter of ‘‘legislative grace.’’ were not counted as preferences, according taxpayers—92 percent of whom have incomes Mr. Klaassen turned to the Federal courts to tax policy experts who worked on the leg- of less than $200,000, the two Treasury econo- after losing in Tax Court. The opinion by islation, because they generated more money mists estimated. Tax Court Judge Robert N. Armen, Jr. was than was needed. While many lawmakers and Treasury offi- summed up this way by Tax Notes, a maga- But the A.M.T. has not stayed ‘‘revenue cials have criticized the impact of the tax on zine that critiques tax policy: ‘‘Congress in- neutral,’’ in Washington parlance. middle-class taxpayers, there are few signs of tended the alternative minimum tax to af- The regular income tax was indexed for in- change, as Republicans and the Administra- fect large families when it made personal ex- flation in 1984, so that taxpayers would not tion talk past each other. emptions a preference item.’’ get pushed into higher tax brackets simply Representative Bill Archer, the Texas Re- Several tax experts said that Mr. Klaassen because their income kept pace with the cost publican who as the chairman of the House had little chance of success in the courts be- of living. Ways and Means Committee is the chief tax cause the statute treating children as tax The A.M.T. limits, however, have not been writer, said the A.M.T. should be eliminated preferences was clear. They also said that indexed. The total allowable exemptions be- in the next budget. nothing in the A.M.T. laws was specifically fore the tax kicks in have been fixed since ‘‘Unfortunately, the A.M.T. tax can penal- aimed at his religious beliefs. 1993 at $45,000 for a married couple filing ize large families, which is part of the reason Meanwhile, for people who make $200,000 or jointly. For unmarried people, the total why Republicans for years have tried to more, the A.M.T. will be less of a burden this amount is now $33,750, and for married peo- eliminate it or at least reduce it,’’ Mr. Ar- year because of the Taxpayer Relief Act of ple filing separately, it is $22,500. cher said. ‘‘Unfortunately, President Clinton 1997, which included a provision lowering the If the limit has been indexed since 1986, blocked our efforts each time.’’ maximum tax rate on capital gains for both when the A.M.T. was overhauled, it would be Lawrence H. Summers, the Deputy Treas- the regular tax and the A.M.T. to 20 percent. about $57,000 for married couples filing joint- ury Secretary, said the Administration was Mr. Rebelein and Mr. Tempalski, the ly—and most middle-income households ‘‘very concerned that the A.M.T. has a grow- Treasury Department economists, calculated would still be exempt. ing impact on middle-class families, includ- recently that people making more than Mr. Steuerle said he warned at the time ing by diluting the child credit, education $200,000 would pay a total of 4 percent less in that including ‘‘normal, routine deductions credits and other crucial tax benefits, and we A.M.T. for 1998 because of the 1997 law. By and exemptions that everyone takes’’ in the hope to address this issue in the President’s 2008, their savings will be 9 percent, largely list of preferences would eventually turn the budget. as a result of lower capital gains rates and A.M.T. into a tax on the middle class. ‘‘Subject to budget constraints, we look changed accounting rules for business own- That appears to be exactly what has hap- forward to working with Congress on this ers. pened. important issue,’’ he continued. ‘‘This law was passed to catch people who For example, a married person who makes That revenue concerns have thwarted ex- use tax shelters to avoid their obligations,’’ just $527 a week and files her tax return sepa- empting the middle class runs counter to the Mr. Klaassen said. ‘‘But instead of catching rately can be subject to the tax, said David reason Congress initially imposed the tax. them it hits people like me. This is just S. Hulse, an assistant professor of account- ‘‘You need an A.M.T. because people who nuts.’’ ing at the University of Kentucky. make a lot of money should pay some in- And the Taxpayer Relief Act of 1997, which come taxes,’’ said Mr. McIntyre, of Citizens THREE WAYS TO DEAL WITH A TAXING PROBLEM allows a $500-a-child tax credit as well as for Tax Justice. ‘‘If you believe, like Mr. Ar- President Clinton, his tax policy advisers education credits, may make even more mid- cher and a lot of Republicans do, that the and the Republicans who control the tax dle-class families subject to the A.M.T. by more you make the less in taxes you should writing committees in Congress all agree reducing the value of those credits. pay, then of course you are against the that the alternative minimum tax is a grow- Two Treasury Department economists re- A.M.T. But somehow I don’t think most peo- ing problem for the middle class. But there is cently calculated that largely because of the ple see it that way.’’ no agreement on what to do. Here are some new credits, the number of households mak- The Klaassens, meanwhile, are challenging options that have been discussed: ing $30,000 to $50,000 who must pay the alter- the A.M.T. in Federal Court. The United Raise the exemption—Representative Bill native minimum tax will more than triple in States Court of Appeals for the 10th Circuit Archer, the Texas Republican who is the the coming decade. The economists, Robert is scheduled to hear arguments in March on chairman of the House Ways and Means Rebelein and Jerry Tempalski, also cal- their claim that the tax infringes their reli- Committee, two years ago proposed raising culated that for households making $15,000 to gious freedom. The Klaassens, who are Pres- the $45,000 A.M.T. exemption for a married $30,000 annually, A.M.T. payments will grow byterians, say they believe children ‘‘are a couple by $1,000. But that would leave many 25-fold, to $1.2 billion, by 2008. blessing from God, and so we do not practice middle-class families subject to the tax, be- Last year, many more people would have birth control,’’ Mr. Klaassen said. cause it would not fully account for infla- been subject to the A.M.T. if Congress had When Mr. Klaassen wrote to an I.R.S. offi- tion. To do that would require an exemption not made a last-minute fix pushed by Rep- cial complaining that a $1,085 bill for the of about $57,000, followed by automatic infla- resentative Richard E. Neal, Democrat of A.M.T. for 1994 resulted from the size of his tion adjustments. That is the most widely Massachusetts, that—for 1998 only—exempt- family, he got back a curt letter saying that favored approach, drawing support from peo- ed the new child and education credits. The his ‘‘analysis of the alternative minimum ple like J.D. Foster, executive director of the move came after I.R.S. officials told Con- tax’s effect on large families was interesting Tax Foundation, a group supported by cor- gress that the credits added enormous com- but inappropriate’’ and advising him that it porations, and Robert S. McIntyre, executive plexity to calculating tax liability. Figuring was medical deductions, not family size, that director of Citizens for Tax Justice, which is out how much the A.M.T. would reduce the subjected him to the A.M.T. financed in part by unions and contends that credits was beyond the capacity of most tax- Under the regular tax system, medical ex- the tax system favors the rich. payers and even many paid tax preparers, penses above 7.5 percent of adjusted gross in- Exempt child and education credits—For the I.R.S. officials said. come—the last line on the front page of 1998 only, Congress exempted the child tax Even if Congress makes a permanent fix to Form 1040—are deductible. Under the A.M.T., credit and the education tax credits from the the problems created by the child and edu- the threshold is raised to 10 percent. A.M.T. But millions of taxpayers will lose cation credits, it will put only a minor drag Still doubting the I.R.S.’s math, Mr. these credits, or get only part of them, un- on the spread of the A.M.T. as long as the Klaassen decided to test what would have less Congress makes a fix each year or per- tax is not indexed for inflation. The two happened had he filed the same tax return, manently exempts them. Treasury economists calculated that revenue changing only the number of children he Eliminate it—Mr. Archer and other Repub- from the tax would climb to $25 billion in claimed as dependents. He found that if he licans want to get rid of the A.M.T. but have 2008 without a fix, or to $21.9 billion with had seven or fewer children, the A.M.T. not proposed how to make up for the lost one. would not have applied in 1994. revenue, which in a decade is expected to In 1999, if there is no exemption for the But the eighth child set off the A.M.T., at grow to $25 billion annually. Recently, how- credits, a single parent who does not itemize a cost of $223. Having nine children raised ever, Mr. Archer has said that in a period of S2310 CONGRESSIONAL RECORD — SENATE March 4, 1999 Federal budget surpluses, it may be time to ingly affects many taxpayers not tradition- less $200), with no AMT liability. If, instead, scrap the budget rules that require paying ally viewed as taking aggressive tax posi- the taxpayer had a TAMT of $1,050, the tax- for tax cuts with reduced spending or tax in- tions or abusing the system. In addition, the payer would have a total tax liability of creases elsewhere. AMT can also significantly complicate filing $1,050. This taxpayer’s AMT liability would [From Tax Notes, Aug. 10, 1998] a tax return for millions of taxpayers, par- be $250, $50 that would be reported on the ticularly those with personal tax credits, Form 6251 ($1,050 less $1,000) and $200 ($1,000 EFFECT OF TRA ’97 ON THE INDIVIDUAL AMT who often are supposed to make tedious cal- less $800) that would be reported on the edu- (By Robert Rebelein and Jerry Tempalski) culations only to determine they have no cation credit form as reduced allowable cred- Robert Rebelein and Jerry Tempalski are AMT liability. its. financial economists in the Office of Tax The primary reason for the increase in the II. TAXPAYER RELIEF ACT OF 1997 Analysis at the Treasury Department. number of AMT taxpayers is that, unlike The authors believe that even without en- TRA ’97 contains six provisions that can regular income tax parameters, AMT param- 12 actment of TRA ’97, the estimated number of significantly affect the individual AMT: eters (primarily the AMT exemption) are not Child credit; HOPE education credit; lifetime individual AMT taxpayers would have in- 5 indexed for inflation. As nominal income Learning credit; conformation of AMT depre- creased from 0.9 million in 1997 to 8.5 million rises each year, partially as a result of infla- in 2008 (a 23 percent annual growth rate). Pri- ciation lives with regular tax lives; kiddie tion, more taxpayers become subject to the tax simplification; and capital gains rate marily because of the new child and edu- AMT. In addition, the lack of AMT indexing cation credits, TRA ’97 increases the number cut. exposes other anomalies that also may not Three of these provisions generally in- of AMT taxpayers in 2008 to 11.6 million, or 6 have been intended. For example, the AMT crease the effect of the AMT on taxpayers— 11 percent of all individual taxpayers. They does not allow deductions for personal ex- the child credit, the HOPE education credit, project that TRA ’97 increases the estimated emptions or state and local taxes paid. As a and the Lifetime Learning education credit. amount of tax paid because of the individual result, taxpayers with large families are Two provisions generally reduce the effect of AMT from $20.8 billion in 2008 to $25 billion. more likely to be affected by the AMT than The authors are grateful to Bob Carroll, the AMT on taxpayers—conform AMT depre- taxpayers with small families, and taxpayers ciation lives to regular tax depreciation Jim Cilke, Lowell Dworin, Joel Platt, and living in high-tax states are more likely to Karl Scholz for their comments. The views lives, and raise the minimum AMT exemp- be affected by the AMT than taxpayers liv- tion for kiddie-tax tax payers and uncouple expressed in this report are those of the au- ing in low-tax states. thors and do not necessarily represent the their AMT exemption from their parents’ A. Structure of the AMT 13 views of the U.S. Treasury Department. AMT exemption. The capital gains rate cut A taxpayer’s AMT liability is the dif- reduces AMT liability for some taxpayers Even before the Taxpayer Relief Act of 1997 ference between a taxpayer’s regular income but increases AMT liability for others. (TRA ’97) was enacted in August 1997, the in- tax liability (before any interaction with the A. Overall effect dividual alternative minimum tax (AMT) AMT) and the taxpayer’s tentative AMT Relative to pre-TRA ’97 law, TRA ’97 in- had begun to receive considerable attention.1 (TAMT). TAMT is calculated using AMT in- creases the number of taxpayers on the AMT The reason for this attention was the in- come (AMTI), the AMT exemption, AMT tax by between 37 and 58 percent each year from creasing awareness that both the number of rates, and allowable AMT credits.7 1998 to 2008. (See Table 1.) This percentage is tax-payers 2 affected by the AMT and the AMT is the sum of taxable income under generally lower at the end of the period when AMT taxes they pay would increase signifi- the regular tax (as calculated on Form 1040) the number of AMT taxpayers under pre- cantly over the next 10 years. Without TRA plus the many AMT preferences.8 AMT pref- TRA ’97 law is already relatively high; TRA ’97 the number of taxpayers affected by the erences are items excluded from taxable in- ’97 increases the number of AMT taxpayers AMT would have grown from 0.9 million in come under the regular tax but included in by 58 percent (0.7 million) in 1999, but only 1997 to 8.5 million in 2008 (an annual growth AMTI. There were 28 AMT preferences in by 37 percent (3.2 million) in 2008. rate of 23 percent); tax liability from the 1995, with 4 items accounting for 86 percent Although TRA ’97 increases the overall AMT would have grown from $5.0 billion in (in dollar terms) of total AMT preferences: number of AMT taxpayers, it does eliminate 1997 to $20.8 billion in 2008 (an annual growth state and local tax deductions accounted for the effect of the AMT on some taxpayers. rate of 14 percent).3 46 percent, miscellaneous deductions above TRA ’97 removes about 15 percent of the tax- Since passage of TRA ’97, the individual the 2-percent floor for 19 percent, personal payers with AMT liability under pre-TRA ’97 AMT has received even more attention.4 The exemptions for 13 percent, and post-1986 de- law from the AMT (0.2 million in 1999, 0.3 primary reason is that TRA ’97 includes pro- preciation for 8 percent. With the possible million in 2002, and 0.9 million in 2008). The visions that have a major effect on the indi- exception of the last item, these are not tax- majority of taxpayers removed from the vidual AMT. Although some of these provi- shelter type preferences. AMT by TRA ’97 have AGIs of less than sions reduce the effect of the AMT on tax- The AMT exemption is $45,000 for joint re- $15,000. payers, the overall effect of TRA ’97 is to in- turns ($33,750 for singles and heads-of-house- Under pre-TRA ’97 law the number of AMT crease significantly both the number of AMT hold (HH)); the exemption is not adjusted for taxpayers, as a percentage of total tax- taxpayers and the taxes they pay because of inflation nor is it based on the number of de- payers, grows from 1 percent in 1997, to 2 per- the AMT. pendents. The exemption is phased out at the cent in 2002, and to 8 percent in 2008, Under TRA ’97 reduces overall tax liability by rate of $0.25 per $1 of AMTI above $150,000 for post-TRA ’97 law this percentage grows to 3 $27.0 billion in 2008 for individual taxpayers. joint returns ($112,500 for singles and HH). percent in 2002 and to 11 percent in 2008.14 The benefits of TRA ’97 would be even great- The AMT tax rate is 26 percent on the first TRA ’97 significantly increases the per- er if not the AMT. TRA ’97 increases AMT li- $175,000 of AMTI above the AMT exemption centage of AMT taxpayers with AGIs be- ability by $4.2 billion in 2008. Nevertheless, and 28 percent on AMTI more than $175,000 tween $15,000 and $100,000 of AGI (in 1999 dol- taxpayers whose AMT liability is affected by above the exemption.9 lars). (See Tables 2 and 3.) In 1999 taxpayers TRA ’97 see their overall tax liability fall by The AMT affects taxpayers primarily in in this income range account for 32 percent $4.5 billion in 2008. two ways.10 First, a taxpayer can be directly of all AMT taxpayers under pre-TRA ’97 law The first section of this report discusses subject to the AMT by having AMT liability and 57 percent under post-TRA ’97 law; in how the individual AMT works and why the as calculated on the AMT form (Form 6251). 2008 the pre-TRA ’97 percentage is 45 percent effect of the AMT increases so sharply over The difference between a taxpayer’s regular and the post-TRA ’97 percentage is 65 per- the next 10 years. The second section begins tax liability (before other taxes and credits, cent. The percentage of taxpayers in this in- by examining the overall effects of TRA ’97 except the foreign tax credit) and his TAMT come range who are subject to the AMT in on the AMT and follows with a detailed, pro- is the taxpayer’s AMT liability from Form 2008 is 5 percent under pre-TRA ’97 law, but vision-by-provision examination of the ef- 6251. 10 percent under post-TRA ’97 law. Taxpayers fects of TRA ’97 on the AMT. Second, a taxpayer can be indirectly sub- in this income range are the primary bene- ject to the AMT by having the amount of us- I. ALTERNATIVE MINIMUM TAX ficiaries of the child and education credits, able tax credits reduced by the AMT. The so it is not surprising that they feel the The individual AMT is like a parallel in- AMT can limit the ability of a taxpayer to pinch of the AMT most. come tax to the regular individual tax. The use tax credits, because the AMT disallows For taxpayers in the other income groups, AMT is structured similarly to the regular the use of most credits in calculating TAMT. TRA ’97 sometimes reduces the effect of the tax, but the AMT uses a generally broader Put differently, most tax credits cannot be AMT. Taxpayers with less than $15,000 in real tax base, lower tax rates, higher exemption, used in calculating a taxpayer’s regular tax AGI are the primary beneficiaries of the and fewer allowable tax credits. liability if they would push the taxpayer’s kiddie-tax provision and account for a sig- The AMT was generally intended to apply regular tax liability below his TAMT. The ef- nificant amount of the benefits from the de- only to the relatively few high-income tax- fect of credits ‘‘lost’’ because of this AMT re- preciation provision. Most taxpayers with payers who Congress believed overused cer- striction is reflected on the credit forms real AGIs above $100,000 are ineligible for the tain tax deductions, exclusions, or credits themselves, rather than on Form 6251.11 For new credits, and many benefit from the de- and consequently were not paying their fair example, if a taxpayer has regular tax liabil- preciation provision. share of taxes. The AMT, however, increas- ity (before tax credits) of $1,000, $200 in edu- From 1998 to 2008, TRA ’97 increases AMT cation credits, and $600 in TAMT, the tax- liability by between 5 percent and 20 percent Footnotes at end of article. payer has a total tax liability of $800 ($1,000 each year relative to pre-TRA ’97 law. (See March 4, 1999 CONGRESSIONAL RECORD — SENATE S2311 Table 4.) AMT liability increases by $0.5 bil- Beginning July 1, 1998, a taxpayer can elect gains to 20 percent (the limit is 10 percent lion in 1998, by $0.5 billion in 2002, and by $4.2 to take a lifetime learning (LL) credit rather for taxpayers in the 15-percent regular tax billion in 2008. The effect of TRA ’97 on AMT than a HOPE credit for a qualifying student. bracket).21 The provision can lower the AMT liability is smallest in 2000 and 2001, when Through December 31, 2002, the LL credit liability for taxpayers whose AMT tax rate relatively few child and education credits equals 20 percent of the first $5,000 in edu- on capital gains falls by more than their reg- are lost because of the AMT and when the ef- cation expenses ($1,000 maximum credit). ular tax rate on capital gains (i.e., those fect of the depreciation provision is rel- After December 31, 2002, the credit equals 20 whose TAMT falls by more than their regu- atively large. In 2008, the effect of the TRA percent of the first $10,000 in expenses ($2,000 lar tax liability). Consider, for example, a ’97 law on AMT liability is largest because maximum credit). The credit is phased-out taxpayer who faced a pre-TRA ’97 regular tax the amount of TRA ’97 credits lost is rel- ratably for joint taxpayers with modified capital gains rate of 28 percent and a pre- atively large. AGI between $80,000 and $100,000 ($40,000 and TRA ’97 AMT rate of 32.5 percent (combined TRA ’97 significantly changes the distribu- $50,000 for singles).20 effect of 26-percent statutory AMT rate and tion of AMT liability between lost credits Because fewer taxpayers benefit from the phase-out of AMT exemption). TRA ’97 de- (i.e., tax credits unusable because of the education credits than the child credit, the creases this taxpayer’s regular-tax rate on AMT) and liability from the AMT form. (See effect of the AMT on the education credits is capital gains by 8 percentage points and her Table 4.) Under pre-TRA ’97 law roughly less than the effect on the child credit. (See AMT rate on capital gains by 12.5 percentage three times as many taxpayers have AMT li- Table 5.) The number of taxpayers who have points. This taxpayer’s regular-tax liability ability from the AMT form than have lost their education credits reduced or elimi- is reduced by less than her TAMT, so the credits. Under post-TRA ’97 law the number nated because of the AMT grows from 0.4 capital gains provision reduces the effect of of taxpayers with lost credits is actually million in 1998 to 2.5 million in 2008, a 20-per- the AMT on this taxpayer. On the other greater (by roughly 20 percent) than the cent annual growth rate. The number of tax- hand, consider a taxpayer who faced a pre- number with AMT liability from the AMT payers added to the AMT because of the edu- TRA ’97 regular tax capital gains rate of 28 15 form. cation credits grows from 0.3 million in 1998 percent and a pre-TRA AMT rate of 26 per- B. Effects of individual TRA ’97 provisions to 0.6 million in 2002 and to 1.3 million in cent. TRA ’97 decreases this taxpayer’s regu- 1. Child and education credits. The TRA ’97 2008. The amount of education credits lost lar-tax rate on capital gains by 8 percentage provisions having the greatest effect on the because of the AMT grows from $0.3 billion points and her AMT rate on capital gains by AMT are the child credit and the two edu- in 1998 to $0.6 billion in 2002 and to $2.1 bil- 6 percentage points. This taxpayer’s regular- cation credits. All three credits can reduce a lion in 2008. tax liability is reduced by more than her taxpayer’s regular tax liability, but, like c. Child and education credits combined. TAMT, so the capital gains provision in- most tax credits, their use can be limited (or Because double-counting is removed, the ef- creases the effect of the AMT on this tax- even eliminated) by a taxpayer’s TAMT.16 fect of the AMT on the child credit and edu- payer. In no case, however, can the capital The number of taxpayers who benefit from cation credits combined is less than the sum gains rate cut increase AMT liability so as the child credit and education credits de- of the individual effects. The number of tax- to completely offset the reduced regular tax creases in almost every year over the 1998-to- payers with TRA ’97 credits reduced or elimi- liability. 2008 period. (See Table 5.) There are two pri- nated by the AMT grows from 0.8 million in On net, the capital gains provision in- mary reasons for these annual decreases. 1998 to 6.7 million in 2008, a 23-percent annual creases the number of AMT taxpayers by 0.3 First, the income-eligibility thresholds for rate. The number of taxpayers added to the million in each year of the 1998–2008 period. the child credit are not indexed for inflation. AMT because of these credits grows from 0.6 The number of taxpayers added to the AMT As a taxpayer’s income increases each year, million in 1998 to 1.3 million in 2002 and to 3.8 because of the capital gains provision is the amount of the child credit a taxpayer million in 2008, and the amount of these about 0.4 million in each year, and the num- near the thresholds can take is reduced. For credits lost because of the AMT grows from ber of taxpayers removed from the AMT is example, a joint taxpayer with one child who $0.5 billion in 1998 to $1.2 billion in 2002 and about 0.1 million each year.22 had $100,000 in modified AGI in 1999 would be to $5.1 billion in 2008. The provision essentially does not change eligible for the full $500 child credit. If that The increase in the percentage of tax- AMT liability over the period. Taxpayers taxpayer’s income increased each year by payers whose child and education credits are with increased AMT liability incur between the inflation rate, the taxpayer’s modified reduced or eliminated by the AMT is strik- $0.5 billion and $0.8 billion in increased AMT AGI would be about $122,000 in 2008 and the ing. In 1998 34.1 million taxpayers would be liability in each year of the period; this in- taxpayer would be ineligible for the child eligible for the credits in the absence of the creased liability is almost exactly offset credit. Second, because the individual AMT AMT; of these taxpayers, 3 percent have each year by decreased AMT liability for parameters are not indexed for inflation, their credits reduced or eliminated by the other tax-payers. each year the AMT completely eliminates AMT. In 2002 and 2008 the number of tax- III. CONCLUSION the credits for an increasing number of tax- payers eligible for the credits in the absence payers. The number of taxpayers who com- of the AMT is almost the same as in 1998, but Before TRA ’97 was enacted, many tax ex- pletely lose the credits because of the AMT the percentage whose credits are reduced or perts were aware that the individual AMT is 0.3 million in 1999, 0.5 million in 2002, and eliminated by the AMT is 6 percent in 2002 had serious long-run problems that needed 2.3 million in 2008. and 20 percent in 2008. fixing. The number of taxpayers who would The following sections discuss the effect of 2. Other TRA ’97 provisions. The effects of face the potentially daunting task of filling the child credit first, the two education cred- the three other TRA ’97 provisions on the out the AMT form and paying AMT taxes its second, and the combined effect of the AMT are much smaller than the effects of would increase to such a high level within three credits third. the three credit provisions. the next several years that significant pres- a. Child credit. Effective January 1, 1998 a. Depreciation. The provision to conform sure to reform the AMT would arise. Despite the child credit allows a $500 tax credit for AMT depreciation lives to regular tax lives its generally beneficial effect on taxpayers, each dependent child under age 17 at year- primarily affects corporate AMT taxpayers. TRA ’97 exacerbated the AMT problem con- end.17 The credit is reduced by $50 for each The provision affects some individual AMT siderably and probably increased the pres- $1,000 of modified AGI for joint returns with taxpayers (0.4 million in 2008), however, and sure for AMT reform. modified AGI above $110,000 ($75,000 for sin- the average benefit from the provision per 1 See, e.g., Robert P. Harvey and Jerry Tempalski, gles and HH). individual-tax taxpayer is substantial, $2,300 ‘‘The Individual AMT: Why It Matters,’’ National The number of taxpayers whose child cred- in 2008. The total benefit to individual tax Tax Journal; Vol. L, No. 3; September 1997, p. 453; it is reduced or eliminated by the AMT taxpayers grows from $0.2 billion in 1999 to Martin A. Sullivan, ‘‘The Individual AMT: Nowhere grows at a 25-percent annual rate, from 0.6 to Go But Up,’’ Highlights & Documents, October 24, $0.7 billion in 2002 and to $0.8 billion in 2008. 1996, p. 773. million in 1998 to 6.0 million in 2008 (See b. Kiddie tax. The provision to raise the 2 For estimates presented in this report, a couple Table 3.) The number of taxpayers added to minimum AMT exemption for kiddie-tax filing a joint return counts as one taxpayer. the AMT because of the child credit grows taxpayers from $1,000 to $5,000 and uncouple 3 All post-1995 numbers in this report are estimates from 0.3 million in 1998 to 0.9 million in 2002 a dependent’s AMT exemption from his par- made using the Treasury Department’s Individual and to 2.5 million in 2008; the amount of ents’ (or sibling’s) AMT exemption is a sim- Tax Model and the Clinton Administration’s eco- child credits lost because of the AMT grows plification provision designed to benefit a nomic forecast from the FY99 Budget. 4 from $0.3 billion in 1998 to $0.9 billion in 2002, significant number of taxpayers at relatively Lee A. Sheppard, ‘‘Tax Accounting for ‘No- Necked Monsters’,’’ Tax Notes, Aug. 3, 1998, p. 524. and to $3.5 billion in 2008. little cost to the government. The number of See, e.g., Albert B. Crenshaw, ‘‘Now You See It, Now 18 b. Education credits. Effective January 1, taxpayers who benefit from the proposal (0.5 You Don’t: Tax Law to Make Benefits Disappear.’’ 1998, the $1,500 HOPE tax credit is available million in 2008) is about the same as the The Washington Post, September 17, 1997, p. C9, C11; for college tuition and certain fees incurred. number of individual taxpayers who benefit Albert B. Crenshaw, ‘‘More People Feel the Pinch of For each student, the HOPE credit covers from the depreciation provision, but the cost the Alternative Minimum Tax,’’ The Washington the first $1,000 and 50 percent of the next to the government is much lower—less than Post, September 21, 1997, p. H1, H4;’’ AMT, Cash Ma- $1,000 in education expenses incurred in the $100 per taxpayer. The total benefit of the chine,’’ The Wall Street Journal, October 8, 1997, p. A22. first two years of college. The credit is kiddie tax provision to taxpayers is $5 mil- 5 Since 1985, regular income tax parameters have phased-out ratably for joint taxpayers with lion in 1998 and grows to $20 million in 2008. been indexed for inflation. modified AGI between $80,000 and $100,000 c. Capital gains. The capital gains provi- 6 These other anomalies may not have been viewed ($40,000 and $50,000 for singles).19 sion limits the AMT tax rate on capital as significant when most taxpayers subject to the S2312 CONGRESSIONAL RECORD — SENATE March 4, 1999 AMT had tax-shelter type preferences; the anoma- 11 A few of these ‘‘lost’’ credits, particularly gen- cess to a microsimulation computer model using ac- lies are more troublesome when even taxpayers with eral business credits, can be carried back or carried tual tax return data can determine the amount of no preferences of that type are subject to the AMT. forward, so they may not be permanently lost. lost credits. 7 For a detailed discussion of how the AMT works, 12 Except for some taxpayers who voluntarily in- 16 For taxpayers with three or more children, the see Harvey and Tempalski (1997). crease their capital gains realizations because of the child credit is not directly limited by TAMT. The 8 Personal exemptions are treated here as an AMT capital gains rate cut, nearly all taxpayers affected credit is, however, reduced by any final AMT liabil- preference. by the six provisions have their overall tax liability ity reported on the AMT form. 9 For taxpayers in the phase-out range of the AMT reduced by the provisions. 17 The child credit is $400 in 1998. exemption, the 26 percent AMT tax rate effectively 13 The kiddie-tax provision can increase the effect 18 becomes a 32.5 percent rate and the 28 percent rate of the AMT for a very small number of taxpayers, Because the two education credits are sub- becomes a 35 percent rate. less than 3,000 in 2008. The additional AMT liability stitutes for each other for many taxpayers, they are 10 For a small number of taxpayers, the AMT can for these taxpayers totals less than $1 million in discussed together in this section. affect taxpayers in a third way. Because the AMT 2008. 19 The credit amount and the income limits for the treats the standard deduction as a preference item, 14 TRA ‘97 affects the percentage of taxpayers on credit are indexed for inflation occurring after 2000. some taxpayers with itemized deductions less than the AMT in two ways. First, it increases the number 20 The income limits for the credit are indexed for the standard deduction can lower their overall tax of AMT taxpayers by 3.2 million in 2008. Second, it inflation occurring after 2000. liability if they itemize deductions rather than take decreases the total number of taxpayers by 3.9 mil- 21 Under pre-TRA ‘97 law, capital gains under the the standard deduction. This tax-minimizing behav- lion in 2008, primarily because of the child and edu- AMT were taxed at the same rate as other AMTI. ior could occur if most itemized deductions are not cation credits. 22 The numbers discussed here include the effects AMT preferences (e.g., charitable contributions). 15 This point is important in examining IRS data. of increased capital gains realizations resulting For these taxpayers, itemizing increases regular tax IRS data does not indicate the amount of tax credits from the lower capital gains tax rate. The effect of liability but lowers AMT liability even more, thus lost because of the AMT. IRS data only reports AMT the increased realizations on the AMT is very small. decreasing total tax liability. liability from Form 6251. Only researchers with ac- TABLE 1.—NUMBER OF AMT TAXPAYERS [By calendar years, in millions]

Com- pound annual 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 growth rate (percent)

Number of AMT taxpayers: Post-TRA ’97: Number with only AMT liability from Form 6251 ...... 0.6 0.5 0.6 0.7 0.8 1.0 1.3 1.6 1.9 2.4 3.1 4.0 19 Number with only ‘‘lost’’ credits ...... 0.1 0.8 1.0 1.2 1.4 1.6 2.1 2.5 3.1 3.7 4.1 4.7 42 Number with both ...... 0.2 0.3 0.4 0.5 0.6 0.7 0.9 1.1 1.4 1.8 2.4 2.9 28

Total 1 ...... 0.9 1.6 2.0 2.4 2.8 3.3 4.3 5.2 6.4 8.0 9.5 11.6 26

Pre-TRA ’97: Number with only AMT liability from Form 6251 ...... 0.6 0.7 0.9 1.1 1.4 1.7 2.1 2.7 3.2 4.3 5.2 6.6 24 Number with only ‘‘lost’’ credits ...... 0.1 0.2 0.2 0.2 0.2 0.3 0.3 0.4 0.5 0.5 0.6 0.8 21 Number with both ...... 0.2 0.2 0.2 0.2 0.3 0.3 0.4 0.5 0.5 0.7 0.9 1.1 17

Total 1 ...... 0.9 1.1 1.3 1.5 1.9 2.2 2.8 3.5 4.2 5.5 6.7 8.5 23

Change caused by TRA ’97: Number with only AMT liability from Form 6251 ...... N/A ¥0.2 ¥0.3 ¥0.4 ¥0.5 ¥0.6 ¥0.8 ¥1.1 ¥1.3 ¥1.8 ¥2.2 ¥2.6 ...... Number with only ‘‘lost’’ credits ...... N/A 0.6 0.8 1.0 1.2 1.4 1.8 2.1 2.6 3.2 3.5 3.9 ...... Number with both ...... N/A 0.1 0.2 0.3 0.3 0.4 0.5 0.7 0.9 1.2 1.5 1.9 ......

Total 1 ...... N/A 0.6 0.7 0.8 0.9 1.1 1.5 1.7 2.2 2.5 2.8 3.2 ...... Number of returns added to AMT ...... N/A 0.7 0.9 1.0 1.3 1.5 1.9 2.2 2.8 3.3 3.6 4.0 ...... Number of returns removed from AMT ...... N/A 0.2 0.2 0.2 0.3 0.3 0.4 0.5 0.6 0.8 0.8 0.9 ...... Percentage change caused by TRA ’97: Number with only AMT liability from Form 6251 ...... N/A ¥28% ¥35% ¥36% ¥40% ¥39% ¥39% ¥41% ¥40% ¥43% ¥42% ¥39% ...... Number with only ‘‘lost ’’ credits ...... N/A 394% 469% 434% 491% 519% 560% 554% 565% 577% 575% 492% ...... Number with both ...... N/A 80% 101% 118% 117% 121% 139% 153% 157% 165% 166% 173% ......

Total ...... N/A 51% 58% 54% 51% 50% 54% 49% 52% 45% 41% 37% ...... Total number of taxpayers: Post-TRA ’97 ...... 93.1 90.6 91.5 92.6 93.9 95.5 96.5 98.0 99.5 100.8 102.4 103.9 ...... Percentage of taxpayers on AMT ...... 1% 2% 2% 3% 3% 3% 4% 5% 6% 8% 9% 11% ...... Pre-TRA ’97 ...... 93.1 94.0 95.4 96.5 97.8 99.2 100.6 102.0 103.5 104.7 106.3 107.8 ...... Percentage of taxpayers on AMT ...... 1% 1% 1% 2% 2% 2% 3% 3% 4% 5% 6% 8% ......

1 Taxpayers affected by the AMT can have both ‘‘lost’’ credits and AMT liability from Form 6251. Source: Treasury Department Individual Tax Model.

TABLE 2.—AGI DISTRIBUTION OF TRA ’97 EFFECT ON AMT IN 1999

AMT Liability1 ($ millions) Number of AMT Taxpayers2 (thousands of returns) AGI (in dollars) Post-TRA Percentage Post-TRA Percentage ’97 Pre-TRA ’97 Difference change ’97 Pre-TRA ’97 Difference change

Less than 0 ...... 66 129 ¥63 ¥49 4 6 ¥2 ¥33 0–15,000 ...... 12 20 ¥8 ¥40 54 149 ¥95 ¥64 15,000–30,000 ...... 48 14 34 243 143 8 135 1688 30,000–50,000 ...... 128 46 82 178 205 59 146 247 50,000–75,000 ...... 398 206 192 93 357 128 229 179 75,000–100,000 ...... 652 388 264 68 445 207 238 115 100,000–200,000 ...... 1,415 1,328 87 7 452 396 56 14 200,000 and over ...... 3,857 4,000 ¥143 ¥4 344 316 28 9

Total ...... 6,576 6,131 445 7 2,004 1,269 735 58

as percentage of total Less than 0 ...... 1 2 ¥14 ...... 0 0 0 ...... 0–15,000 ...... 0 0 ¥2 ...... 3 12 ¥13 ...... 15,000–30,000 ...... 1 0 8 ...... 7 1 18 ...... 30,000–50,000 ...... 2 1 18 ...... 10 5 20 ...... 50,000–75,000 ...... 6 3 43 ...... 18 10 31 ...... 75,000–100,000 ...... 10 6 59 ...... 22 16 32 ...... 100,000–200,000 ...... 22 22 20 ...... 23 31 8 ...... 200,000 and over ...... 59 65 ¥32 ...... 17 25 4 ......

Total ...... 100 100 100 ...... 100 100 100

1 Includes lost credits. 2 Includes taxpayers who only have lost credits. Source: Treasury Department Individual Tax Model. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2313 TABLE 3.—AGI DISTRIBUTION OF TRA ’97 EFFECT ON AMT IN 2008

AMT Liability1 ($ millions) Number of AMT Taxpayers2 (thousands of returns) 1 AGI (in dollars) Post-TRA Percentage Post-TRA Percentage ’97 Pre-TRA ’97 Difference change ’97 Pre-TRA ’97 Difference change

Less than 0 ...... 91 176 ¥85 ¥48 14 18 ¥4 ¥22 0–15,000 ...... 15 50 ¥35 ¥70 91 753 ¥662 ¥88 15,000–30,000 ...... 135 38 97 255 251 34 217 638 30,000–50,000 ...... 1,161 455 706 155 1,417 595 822 138 50,000–75,000 ...... 4,130 1,615 2,515 156 3,431 1,592 1,839 116 75,000–100,000 ...... 3,766 2,208 1,558 71 2,412 1,558 854 55 100,000–200,000 ...... 7,508 7,312 196 3 3,057 2,939 118 4 200,000 and over ...... 8,179 8,975 ¥796 ¥9 965 986 ¥21 ¥2 Total ...... 24,985 20,829 4,156 20 11,638 8,475 3,163 37

as percentage of total Less than 0 ...... 0 1 ¥2 ...... 0 0 ¥0 ...... 0–15,000 ...... 0 0 ¥1 ...... 1 9 ¥21 ...... 15,000–30,000 ...... 1 0 2 ...... 2 0 7 ...... 30,000–50,000 ...... 5 2 17 ...... 12 7 26 ...... 50,000–75,000 ...... 17 8 61 ...... 29 19 58 ...... 75,000–100,000 ...... 15 11 37 ...... 21 18 27 ...... 100,000–200,000 ...... 30 35 5 ...... 26 35 4 ...... 200,000 and over ...... 33 43 ¥19 ...... 8 12 ¥1 ...... Total ...... 100 100 100 ...... 100 100 100 ......

1 In 1999 dollars. 2 Includes lost credits. 3 Includes taxpayers who only have lost credits. Source: Treasury Department Individual Tax Model.

TABLE 4.—INDIVIDUAL AMT LIABILITY [Calendar years; ($ billions)]

Compound annual AMT liability 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 growth rate (percent)

Post-Taxpayer Relief Act of 1997: Form 6251 ...... 3.0 3.3 3.5 3.9 4.4 5.1 6.0 7.1 8.4 10.2 12.3 15.3 16 ‘‘Lost’’ credits ...... 2.0 2.7 3.0 3.3 3.6 4.0 4.7 5.3 6.2 7.3 8.4 9.7 16

Total ...... 5.0 6.0 6.6 7.2 8.0 9.1 10.7 12.4 14.5 17.4 20.6 25.0 16 Pre-Taxpayer Relief Act of 1997: Form 6251 ...... 3.0 3.4 3.8 4.4 5.0 5.7 6.7 7.8 9.2 11.1 13.2 16.1 17 ‘‘Lost’’ credits ...... 2.0 2.1 2.3 2.5 2.7 2.9 3.1 3.3 3.6 4.0 4.3 4.7 8

Total ...... 5.0 5.5 6.1 6.9 7.6 8.6 9.8 11.2 12.8 15.0 17.5 20.8 14 Change caused by TRA ’97: Form 6251 ...... N/A ¥0.1 ¥0.3 ¥0.5 ¥0.6 ¥0.6 ¥0.7 ¥0.8 ¥0.8 ¥0.9 ¥0.9 ¥0.9 ...... ‘‘Lost’’ credits ...... N/A 0.6 0.7 0.8 0.9 1.1 1.6 2.0 2.6 3.3 4.1 5.0 ......

Total ...... N/A 0.5 0.4 0.3 0.4 0.5 0.9 1.2 1.7 2.4 3.2 4.2 ...... Percentage change caused by TRA ’97: Form 6251 ...... N/A ¥3 ¥8 ¥11 ¥11 ¥11 ¥10 ¥10 ¥9 ¥8 ¥7 ¥5 ...... ‘‘Lost’’ credits ...... N/A 27 32 34 35 39 53 59 71 83 94 106 ......

Total ...... N/A 9 7 5 5 6 10 11 14 16 18 20 ...... Source: Treasury Department Individual Tax Model.

TABLE 5.—EFFECTS OF INDIVIDUAL TRA ’97 PROVISIONS ON THE INDIVIDUAL AMT 1, 2 [Number of taxpayers in millions, dollars in billions]

Calendar year Compound annual growth rate 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 (percent)

1. Child Credit: Number of taxpayers benefitting 3 ...... 25.8 26.0 25.9 25.8 25.7 25.4 25.2 24.8 24.3 23.7 22.8 ¥1 Number of taxpayers with credit reduced or eliminated by AMT ...... 0.6 0.9 1.1 1.3 1.6 2.2 2.7 3.4 4.3 5.0 6.0 25 Reduced ...... 0.3 0.5 0.6 0.9 1.0 1.3 1.6 2.0 2.5 2.8 3.1 25 Eliminated ...... 0.3 0.4 0.4 0.5 0.6 0.9 1.1 1.4 1.8 2.2 2.8 25 Change in number of AMT taxpayers ...... 0.3 0.5 0.6 0.8 0.9 1.1 1.3 1.7 2.0 2.3 2.5 ...... Change in tax liability from AMT ...... 0.3 0.5 0.6 0.7 0.9 1.2 1.5 1.8 2.3 2.8 3.5 ...... 2. Education Credits: Number of taxpayers benefitting 3 ...... 12.1 11.9 11.8 11.6 11.6 11.5 11.4 11.3 11.1 10.9 10.6 ¥1 Number of taxpayers with credit reduced or eliminated by AMT ...... 0.4 0.5 0.6 0.7 0.9 1.2 1.4 1.7 2.0 2.2 2.5 20 Reduced ...... 0.3 0.4 0.4 0.5 0.6 0.8 0.9 1.0 1.1 1.2 1.3 16 Eliminated ...... 0.1 0.2 0.2 0.2 0.3 0.4 0.5 0.7 0.8 1.0 1.3 26 Change in number of AMT taxpayers ...... 0.3 0.4 0.5 0.6 0.6 0.8 0.9 1.0 1.2 1.2 1.3 ...... Change in tax liability from AMT ...... 0.3 0.3 0.4 0.5 0.6 0.9 1.1 1.4 1.6 1.8 2.1 ...... 3. Child and Education Credits Combined: Number of taxpayers benefitting 3 ...... 33.8 34.0 33.9 33.9 33.9 33.8 33.7 33.5 33.1 32.6 31.7 ¥1 Number of taxpayers with credit reduced or eliminated by AMT ...... 0.8 1.1 1.3 1.6 1.9 2.6 3.2 3.9 4.9 5.7 6.7 23 Reduced ...... 0.6 0.8 0.9 1.2 1.4 1.9 2.3 2.9 3.5 3.9 4.4 23 Eliminated ...... 0.3 0.3 0.4 0.4 0.5 0.7 0.8 1.0 1.3 1.7 2.3 24 Change in number of AMT taxpayers ...... 0.6 0.8 0.9 1.1 1.3 1.8 2.1 2.6 3.1 3.5 3.8 ...... Change in tax liability from AMT ...... 0.5 0.7 0.8 1.0 1.2 1.8 2.2 2.8 3.5 4.2 5.1 ...... 4. Conform Recovery Periods for AMT Depreciation With Recovery Periods for Regular-tax Depreciation: Number of taxpayers benefitting ...... N/A 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.4 10 Change in number of AMT taxpayers ...... N/A ¥0.0 ¥0.0 ¥0.0 ¥0.0 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ...... Change in tax liability from AMT ...... N/A ¥0.2 ¥0.4 ¥0.5 ¥0.7 ¥0.8 ¥0.9 ¥0.9 ¥1.0 ¥0.9 ¥0.8 ...... 5. Change AMT Exemption for Kiddie-Tax Taxpayers: Number of taxpayers benefitting ...... 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.4 0.4 0.5 24 Change in number of AMT taxpayers ...... ¥0.0 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.2 ¥0.2 ¥0.4 ¥0.4 ¥0.5 ...... Change in tax liability from AMT ...... ¥0.01 ¥0.01 ¥0.01 ¥0.01 ¥0.01 ¥0.01 ¥0.01 ¥0.01 ¥0.02 ¥0.02 ¥0.02 ...... 6. Lower Regular-Tax Capital Gains Rate and Conform AMT Capital Gains Rate 4 Change in number of AMT taxpayers ...... 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 Change for taxpayers with increased AMT liability ...... 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 Change for taxpayers with decreased AMT liability ...... ¥0.0 ¥0.0 ¥0.0 ¥0.0 ¥0.0 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ...... S2314 CONGRESSIONAL RECORD — SENATE March 4, 1999 TABLE 5.—EFFECTS OF INDIVIDUAL TRA ’97 PROVISIONS ON THE INDIVIDUAL AMT 1, 2—Continued [Number of taxpayers in millions, dollars in billions]

Calendar year Compound annual growth rate 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 (percent)

Change in tax liability from AMT ...... 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 ...... Change for taxpayers with increased AMT liability ...... 0.5 0.5 0.5 0.5 0.6 0.6 0.6 0.7 0.7 0.8 0.8 ...... Change for taxpayers with decreased AMT liability ...... ¥0.5 ¥0.5 ¥.05 ¥0.5 ¥0.5 ¥0.6 ¥0.6 ¥0.7 ¥0.7 ¥0.8 ¥0.9 ...... Source: Treasury Department Individual Tax Model. 1 Estimates on this table are not directly comparable with estimates contained on either Tables 1 or 4. Except for No. 3 above, estimates on this table are for single TRA ’97 provisions only, with no interactions. Estimates in Tables 1 and 4 show the effects of all provisions, including interaction effects. 2 Provisions are ‘‘stacked last’’ for purposes of these estimates (i.e., estimates are based on the difference in revenue between post-TRA ’97 and post-TRA ’97 law with the provision under examination removed). 3 Number excludes taxpayers who lose entire total amount of new credits because of the AMT. 4 Includes effects of increased capital gains realizations caused by lower capital gains tax rate.

By Mr. ASHCROFT: the newspaper about a 16-year old who Typically, state statutes seal juve- S. 538. A bill to provide for violent raped four young girls in St. Charles nile criminal records and expunge and repeat juvenile offender account- County, they understand the impor- those records when the juvenile ability, and for other purposes; to the tance of targeting violent juvenile reaches age 18. Today’s young criminal Committee on the Judiciary. crime. When parents in Hazelwood read predators understand that when they PROTECT CHILDREN FROM VIOLENCE ACT about a 13-year old convicted of murder reach their eighteenth birthday, they Mr. ASHCROFT. Mr. President, I rise for fracturing his victim’s skull with can begin their second career as adult today to introduce legislation to ad- the butt of a sawed-off shotgun, they criminals with an unblemished record. dress a serious national problem—the understand the importance of targeting The time has come to discard the increasingly violent nature of juvenile violent juvenile crime. And when peo- anachronistic idea that crimes com- crime. It seems that nearly every day ple in Poplar Bluff read about a 16-year mitted by juveniles must be kept con- we hear encouraging news about the old, encouraged by his 20-year old ac- fidential, no matter how heinous the progress we are making in the fight complice, who held a pizza delivery crime. against crime. There is no doubt that man at the point of a shotgun to steal Our law enforcement agencies, this is good news. But reports about re- $32, they understand the importance of courts, and school officials need im- ductions in the crime rate obscure two targeting violent juvenile crime. proved access to juvenile records so unfortunate realities: First, although Mr. President, that is precisely what that they have the tools to deal with the rate of crime has dropped over the the bill I am introducing today does— the exponential increase in the sever- past few yeas, the level of crime re- it targets violent juvenile crime. This ity and frequency of juvenile crimes. mains far too high. Second, whatever bill, the Protect Children from Violent The current state of juvenile record progress has been made in the reduc- Act, will update our current juvenile keeping is simply unacceptable. As tion of overall crime rates, we are still justice laws to reflect the new vicious part of the message that juvenile crime confronted with a serious problem with nature of today’s teen criminals. It is something less than real crime, violent juvenile crime. treats the most violent juvenile offend- many jurisdictions have kept inad- Statistics about crime rates are use- ers as adults and punishes those adults equate juvenile records or kept records ful, but what really matters is the level who would exploit or endanger our sealed and inaccessible. What is more, of violent crime. Yesterday, the Dow children. whatever juvenile records they did Jones Industrial Average went down The Act has several components. keep were expunged when the juvenile over twenty points. If we were focus on First and foremost, it would require turned eighteen. A judge sentencing a that fact alone, it would appear that federal prosecutors and States, in order fresh-faced nineteen-year-old would the stock market was down, when in to qualify for $750 million in new incen- sentence him like a first-time offender, fact the Dow is near its all time record tive grants, to try as adults those juve- blissfully ignorant of his prior record high. The same is true of crime, espe- niles fourteen and older who commit of similar incidents. These problems cially juvenile crime. Although the serious violent offenses, such as rape or are made worse by the absence of any most recent data show some drops in murder. There is nothing juvenile system to provide for the nationwide the crime rate, the overall level of about these crimes, and the perpetra- sharing of juvenile records. This is not crime, especially juvenile crime is un- tors must be treated and tried as a problem that any one State can solve acceptably high. There are about as adults. alone. Even if a State treats juvenile many violent crimes committed today Some of the laws on the books inad- criminal records like any other crimi- as in 1987. The number of violent juve- vertently pervert the direction of the nal record, it is still vulnerable to vio- nile crimes is at roughly the 1992 level law enforcement system, offering more lent juveniles who move into the State. and at 150% of the 1987 level. I do not protections to the perpetrators, than The problem we face is that although think anyone thought they were safe or to the public. This must cease. juveniles frequently cross state lines, secure enough in 1987 or in 1992. Strengthening our juvenile justice laws their records do not follow them. Statistics about crime rates also is the first line of defense in protecting For too long, law enforcement offi- mask the increasingly violent nature the public and providing greater pro- cers have operated in the dark. Our po- of juvenile crimes. Seventeen percent tection for innocent children than for lice departments need to have access to of all forcible rapes, fifty percent of all violent criminals. the prior juvenile criminal records of arsons and thirty-seven percent of all In order to do this, we also must en- individuals to assist them in criminal burglaries are committed by juveniles. sure that our law enforcement officials, investigations and apprehension. The juvenile justice system is no courts and schools have clear lines of According to Police Chief David G. longer being asked to deal with juve- communication and access to the Walchak, who is past president of the niles who have committed a youthful records of violent juvenile offenders. International Association of Chiefs of indiscretion. The system is being asked This bill accomplishes this goal by re- Police, law enforcement officials are in to deal with juveniles who become quiring the fingerprinting and desperate need of access to juvenile hardened criminals before they turn photographing of juveniles found guilty criminal records. The police chief has eighteen. of crimes that would be felonies if com- said, ‘‘Current juvenile records (both Finally, the recent dip in crime rates mitted by an adult. The bill also would arrest and adjudication) are inconsist- is cold comfort for victims of violent ensure that those records are made ent across the States, and are usually crimes. My constituents in Missouri available to federal and state law en- unavailable to the various programs’ continually identify violent juvenile forcement officials and school officials, staff who work with youthful offend- crime as a paramount concern, and you so thy will know who they are dealing ers.’’ only have to read the newspaper to un- with when they confront a dangerous Chief Walchak also notes that ‘‘If we derstand why. When parents read in juvenile offender. [in law enforcement] don’t know who March 4, 1999 CONGRESSIONAL RECORD — SENATE S2315 the youthful offenders are, we can’t ap- then give them a clean slate when they vention programs—the situation, and propriately intervene.’’ turn eighteen, why should any adult our future, demands more than that. Chief Walchak is not the only one criminal risk serious jail time by com- We need to take into account the needs saying this. Law enforcement officers mitting a crime themselves. Why not, of the innocent children—not sacrifice in my home State have told me that instead, just use a juvenile and have their protection in the name of privacy when they arrest juveniles they have the youth commit the crime for them. for violent juvenile perpetrators. no idea who they are dealing with be- This use of juveniles is deplorable. But, For too long now we have treated ju- cause the records are kept confidential. sadly, our current treatment of juve- venile crime as something less than School officials, as well as courts and niles gives adults an incentive to ex- real crime. Even the language we use— law enforcement officials, need access ploit children in this way. If a store referring to adult crimes, but to acts of to juvenile criminal records to assist sold candy for $5 to adults, but for $1 to juvenile delinquency—suggests that ju- them in providing for the best interests children, there would be a lot of adults venile crime is not real crime. But we of all students and preventing more sending a kid in to buy them a candy are not talking about throwing spit- tragedies. bar. So too, with the criminal justice balls or juvenile horseplay. We are The decline in school safety across system. Our light treatment of juve- talking about murder and assault and the country can be attributed to a sig- niles has led adults to corrupt children rape. And I assure you that for the vic- nificant degree to laws that put the in order to escape the penalties im- tims of these crimes, the crimes are all protection of dangerous students ahead posed by the adult system. It is no too real—no less so because the per- of protecting the innocent—those who wonder that a 20-year old in Poplar petrator was under eighteen. The time go to school to learn, not to maim or Bluff has her 16-year old accomplice has come to take juvenile crime seri- murder. take the lead in the armed robbery. We ously and protect our children from vi- While visiting with school officials in cannot continue to encourage this in- olence. Sikeston, Missouri, a teacher told me tolerable behavior. Those who would how one of her students came to school By Mr. BROWNBACK: corrupt our children should received S. 539. A bill to amend the Internal wearing an electronic monitoring our stiffest and swiftest sanction. To Revenue Code of 1986 to increase the ankle bracelet. Can you imagine being this end, my bill imposes enhanced maximum taxable income for the 15 that teacher and having to turn penalties on adults who use juveniles percent rate bracket, to replace the around—back to the class—to write on to commit violent offenses, and also Consumer Price Index with the na- the chalk board not knowing whether will encourage the States to adopt tional average wage index for purposes that student was a rapist, or even a similar provisions. of cost-of-living adjustments, to lessen murderer? Furthermore, the Protect Children the impact of the noncorporate alter- The proposed bill solves these prob- from Violence Act elevates to a federal native minimum tax, and for other pur- lems by providing a nationwide system crime the recruiting of minors to par- poses; to the Committee on Finance. of record sharing. What is more, the ticipate in gang activity. Under this bill provides block grants to the States TAX LEGISLATION legislation, those gangsters who lure Mr. BROWNBACK. Mr. President, for the purpose of establishing im- our children into gangs will face a fed- today, I have introduced a proposal for proved juvenile record keeping. To eral prosecutor and a federal peniten- a tax cut which I think answers a num- qualify for these block grants, States tiary. ber of questions that people have been must keep records for juveniles that A 1993 survey reported an estimated putting forward. I hear both sides of are equivalent to those they keep for 4,881 gangs with 249,324 gang members the aisle talking about a tax cut and adult criminals. The States must then in the United States. Those figures are the willingness to have a tax cut. Some make those records available to the disturbing enough. But a second study, are saying we need it to be targeted; FBI, law enforcement officers, school conducted just two years later, found some say we need to do it with the officials and sentencing courts. These that the number of gangs had increased marriage penalty; others say we need a provisions allow those who have to deal more than four-fold, with 23,388 gangs broad-based tax relief to take place. with these violent juveniles to do so claiming over 650,000 members. We The proposal I am putting in today based on full information. That is the need legislation to stem this rising would expand the 15-percent tax cat- only basis on which those decision tide. egory over a period of 10 years and should be made. Let me quickly recap the highlights raise that to the level of the maximum In addition to requiring that federal of this legislation. In order to qualify amount at which we tax Social Secu- and state prosecutors try violent juve- for incentive grants, States would be rity. What it does is, we broaden that nile offenders as adults and increasing required to try juveniles as adults if 15-percent tax bracket. We make it record keeping and sharing capabili- they commit certain violent crimes such that it will take care of most of ties, this bill enhances the federal such as rape and murder. States also the marriage penalty. It will be eco- criminal penalties for those adults who would have to fingerprint and keep nomically simulating in that it will be seek to lure juveniles into criminal ac- records on juveniles who commit a great relief for a number of people tivity or drug use. crimes that would be felonies if com- that grow into that 15-percent cat- For example, any adult who distrib- mitted by adults, and States mut allow egory, then, as we expand it. And it utes drugs to a minor, traffics in drugs public access to juvenile criminal will be middle-income targeted because in or near a school, or uses minors to records of repeat juvenile offenders. it will be that category of people mak- distribute drugs would face a minimum These same provisions would apply to ing in the 15-percent rate and growing three year jail sentence (as compared federal law enforcement officials. To it up to $72,000 over a period of 10 years. to the 1 year minimum under current protect our children from adults who I think this answers a lot of ques- law). prey on the, this bill doubles and tri- tions on what we have been putting This bill also doubles the maximum ples the jail time for those convicted of forward. We set aside every dime of So- jail time and fines for adults who use using a juvenile to commit a violent cial Security money for Social Secu- minors in crimes of violence. The sec- crime or to distribute drugs. Anyone rity, period. We do that. All those ond time the adult hides behind the ju- caught dealing drugs to minors or near funds flowing into Social Security will venile status of a child by using him to a school will face three times the pen- remain and stay with Social Security. commit a crime, the adult faces a tri- alty under current law. Not a dime of that is touched. pling of the maximum sentence and This bill is a reasonable and prudent With the other resources that we fine. response to the threat that violent have coming in that are building the The fact that our current system youth, and the adults that lead them surplus, let’s do this sort of tax cut treats juvenile crime lightly has not into a life of crime, pose to our chil- that moves to the middle-income cat- been lost on young people. Not has it dren. the monies authorized will be egory and addresses the marriage pen- been lost on hardened adult criminals. used to deter and incarcerate violent alty problem. That is economically If the system is going to let young peo- juvenile criminals, not just to provide stimulating and is one that I think can ple off with a slap on the wrist and for more midnight basketball and pre- be fair and helpful to our growth. S2316 CONGRESSIONAL RECORD — SENATE March 4, 1999 This is the final point I will make, as states on a competitive basis. Unfortu- S. 541. A bill to amend title XVIII of I intend to be brief about this. We are nately, unlike HOME funds, block the Social Security Act to make cer- at a period of being able to talk about grants to tribes under the new tain changes related to payments for solving Social Security and paying NAHASDA are defined as federal funds graduate medical education under the down debt and providing tax cuts and and cannot be used for accessing medicare program; to the Committee dealing with education problems be- LIHTCs. on Finance. cause we have a strong growing econ- The fact that tribes cannot use their THE GRADUATE MEDICAL EDUCATION TECHNICAL omy. We have a growing economy that new block grant funds to access a pro- AMENDMENTS OF 1999 is producing these sorts of revenues. gram (LIHTC) which they formerly Ms. COLLINS. Mr. President, I am We have to maintain that, and the lead could access is an unintended con- pleased to be joining my colleague thing that we can do to maintain that sequence of taking Indian Housing out from Alaska, Senator MURKOWSKI, in is to provide for economically stimu- of Public Housing at HUD and setting introducing the Graduate Medical Edu- lating tax cuts like what I am propos- up the otherwise productive and much cation Technical Amendments Act of ing here, and broaden that 15-percent needed NAHASDA system. The legisla- 1999, which is intended to address some tax rate, target it for people there, and tion I am introducing today is limited of the problems that small family prac- have an economically stimulating ben- in scope and redefines NAHASDA tice residency programs in Maine and efit from that occurring. I think that is funds, restoring tribal eligibility for elsewhere are experiencing as a result the way that we need to go to be able the LIHTC by putting NAHASDA funds of provisions in the Balanced Budget to maintain what we have in place now on the same footing as HOME funds. Act (BBA) of 1997 that were intended to in this healthy economy and to be able With this technical correction, there control the growth in Medicare grad- to deal with these sorts of issues, to would be no change to the LIHTC pro- uate medical education spending. stimulate education reform, and to grams—tribes would compete for Of specific concern are the provisions have the funds for education, as well. LIHTCs with all other entities at the in the BBA that cap the total number Mr. President, that is the proposal I state level, just as they did prior to of residents in a program at the level have introduced today. I urge my col- NAHASDA. included in the 1996 Medicare cost re- leagues to look at it, and I would ap- This technical corrections legislation ports. Congress’ goal in reforming preciate their support for this bill as is a minor but much needed fix to a Medicare’s graduate medical education we press forward on this broad-based valuable program that will restore eq- program was to slow down our nation’s debate on what we are going to do uity to housing development across the overall production of physicians, while about this budget and how we continue country. The South Dakota Housing still protecting the training of physi- the strong economy. Development Authority has enthu- cians who are in short supply and need- siastically endorsed this legislation out ed to meet local and national health By Mr. JOHNSON (for himself, of concern for equitable treatment of care demands. While the BBA’s provi- Mr. INHOFE, Mr. CONRAD, Mr. every resident of our state and to rein- sions will indeed curb growth in the KERRY, Mr. DASCHLE, Mr. force the proven success of the LIHTC overall physician supply, they do so in- INOUYE, Mr. WELLSTONE, Mr. program for housing development in discriminately and are thwarting ef- SARBANES, Mr. KERREY, Mr. rural and lower income communities. forts in Maine and elsewhere to in- KENNEDY, Mr. DORGAN, Mr. I have joined many of my colleagues crease the supply of primary care phy- REID, Mr. BAUCUS, Mr. BRYAN, in past efforts to preserve and increase sicians in underserved rural areas. and Mrs. BOXER): the Low Income Housing Tax Credit Because Maine has only one medical S. 540. A bill to amend the Internal program which benefits every state, school—the University of New England, Revenue Code of 1986 to provide that and I ask my colleagues to recognize which trains osteopathic physicians— housing assistance provided under the the importance of maintaining fairness we depend on a number of small family Native American Housing Assistance in access to this program emphasized practice residency programs to intro- and Self-Determination Act of 1996 be through this legislation and encourage duce physicians to the practice oppor- treated for purposes of the low-income my colleagues to support passage of tunities in the state. Most of the grad- housing credit in the same manner as this vital legislation. uates of these residency programs go comparable assistance; to the Commit- Mr. President, I ask unanimous con- on to establish practices in Maine, tee on Finance. sent that the bill be printed in the many in rural and underserved areas of LOW INCOME HOUSING TAX CREDIT EQUITABLE RECORD. the state. The new caps on residency ACCESS FOR INDIAN TRIBES There being no objection, the text of slots included in the BBA penalize Mr. JOHNSON. Mr. President, I rise the bill was ordered to be printed in these programs in a number of ways. today to introduce legislation which the RECORD, as follows: For instance, the current cap is based will correct an unintended oversight in S. 540 on the number of interns and residents the federal administration of Native Be it enacted by the Senate and House of who were ‘‘in the hospital’’ in FY 1996. American housing programs, allowing Representatives of the United States of America Having a cap that is institution-spe- Indian tribes to once again access Low- in Congress assembled, cific rather than program-specific has Income Housing Tax Credits (LIHTCs) SECTION 1. CERTAIN NATIVE AMERICAN HOUS- caused several problems. For example, for housing development in some of ING ASSISTANCE DISREGARDED IN the Maine-Dartmouth Family Practice DETERMINING WHETHER BUILDING this nation’s most under-served com- IS FEDERALLY SUBSIDIZED FOR Residency Program had two residents munities. Joining me as original co- PURPOSES OF THE LOW-INCOME out on leave in 1996—one on sick leave sponsors of this bill are Senators HOUSING CREDIT. for chemotherapy treatments and one INHOFE, CONRAD, KERRY, DASCHLE, (a) IN GENERAL.—Subparagraph (E) of sec- on maternity leave. Therefore, the pro- INOUYE, WELLSTONE, SARBANES, tion 42(i)(2) of the Internal Revenue Code of gram’s cap was reduced by two, be- 1986 (relating to determination of whether KERREY, KENNEDY, DORGAN, REID, BAU- cause it was based on the number of ac- building is federally subsidized) is amended— CUS, BRYAN and BOXER. (1) in clause (i), by inserting ‘‘or the Native tual residents in the hospital in 1996 as In the 104th Congress, the Native American Housing Assistance and Self-De- opposed to the number of residents in American Housing Assistance and Self termination Act of 1996 (25 U.S.C. 4101 et the program. Determination Act (NAHASDA) was seq.) (as in effect on October 1, 1997)’’ after Moreover, residents in this program signed into law, separating Indian ‘‘this subparagraph)’’, and have spent one to two months training housing from public housing and pro- (2) in the subparagraph heading, by insert- in obstetrics at Dartmouth’s Mary viding block grants to tribes and their ing ‘‘OR NATIVE AMERICAN HOUSING ASSIST- Hitchcock’s Medical Center in Leb- tribally designated housing authori- ANCE’’ after ‘‘HOME ASSISTANCE’’. anon, New Hampshire. Because the cap (b) EFFECTIVE DATE.—The amendments ties. Prior to passage of NAHASDA, In- made by subsection (a) shall apply to periods is based on a hospital’s cost report, dian tribes receiving HOME block after the date of the enactment of this Act. these residents are counted toward grant funds were able to use those Dartmouth Medical School’s cap in- funds to leverage the Low Income By Ms. COLLINS (for herself, Mr. stead of the Maine-Dartmouth Family Housing Tax Credits distributed by MURKOWSKI, and Mr. ROBERTS): Practice Residency Program’s. Last March 4, 1999 CONGRESSIONAL RECORD — SENATE S2317 year, the Maine program was informed The Medicare Graduate Medical Edu- minor and technical in nature, they are that Dartmouth would be cutting back cation Technical Amendments Act we critical to the survival of the small the amount of time their residents are are introducing today will address family practice residency programs there. But the Maine-Dartmouth Fam- these problems by basing the cap on that are so important to our ability to ily Practice Residency Program has no the number of residents ‘‘who were ap- meet health manpower needs in rural way of recouping the resident count pointed by the approved medical resi- and underserved areas. I urge all of my from them in order to have the funds dency training programs for the hos- colleagues to join us in cosponsoring to support obstetrical training for pital’’ in 1996, rather than on the num- the Medicare Graduate Medical Edu- their residents elsewhere. ber of residents who were ‘‘in the hos- cation Technical Amendments and ask Moreover, the cap does not include pital.’’ unanimous consent that the text of the residents who continue to be part of I am also concerned that the Bal- bill be printed in the RECORD. the residency program, but who have anced Budget Act and its accompany- There being no objection, the bill was been sent outside of the hospital for ing regulations will severely hamper ordered to be printed in the RECORD, as training. This penalizes all primary primary care residency programs that follows: care specialties, but especially family are expanding to meet local needs. Spe- S. 541 medicine, where ambulatory training cifically, a new residency program that Be it enacted by the Senate and House of has historically been the hallmark of had not met its full complement of ac- Representatives of the United States of America the specialty. This is particularly iron- credited residency positions until after in Congress assembled, ic since other specialty programs that the cutoff date of August 5, 1997, is pre- SECTION 1. SHORT TITLE. now begin training in settings outside cluded from increasing its number of This Act may be cited as the ‘‘Graduate the hospital will, under the new rules, residents unless the hospital decreases Medical Education Technical Amendments of 1999’’. have those costs included in their the number of residents in one of its other specialty programs. However, SEC. 2. INDIRECT GRADUATE MEDICAL EDU- Medicare graduate medical education CATION ADJUSTMENT. funding. over forty percent of the nation’s fam- (a) IN GENERAL.—Section 1886(d)(5)(B)(v) of All told, the Maine Dartmouth Fam- ily practice residency programs are the the Social Security Act (42 U.S.C. ily Practice Residency Program will only program sponsored by the hos- 1395ww(d)(5)(B)(v)) (as added by section see its graduate medical education pital. This provision therefore com- 4621(b) of the Balanced Budget Act of 1997) is funding reduced by over half a million pletely precludes such a hospital from amended— dollars a year as a result of the cap es- expanding its residency program to (1) by striking ‘‘(v) In determining’’ and in- tablished by the BBA. meet emerging primary care needs. serting ‘‘(v)(I) Subject to subclause (II), in The example I have just used is from To address this problem, the legisla- determining’’; (2) by striking ‘‘in the hospital with re- Maine, but the problems created by the tion we are introducing today would spect to the hospital’s most recent cost re- BBA’s graduate medical education allow the small number of programs at porting period ending on or before December changes are national in scope. It has hospitals that sponsor just one resi- 31, 1996’’; and inserting ‘‘who were appointed created disproportionately harmful ef- dency program to increase their cap by by the hospital’s approved medical residency fects on family practice residencies one residency slot a year up to a maxi- training programs for the hospital’s most re- from Maine to Alaska. A recent survey mum of three. In addition, to enable a cent cost reporting period ending on or be- of all family practice residency pro- number of family practice residency fore December 31, 1996’’; and gram directors has found that: programs that are already in the pipe- (3) by adding at the end the following: 56 percent of respondents who were in ‘‘(II) Beginning on or after January 1, 1997, line to get accredited and grow to com- in the case of a hospital that sponsors only the process of developing new rural pletion, the bill extends the cutoff date 1 allopathic or osteopathic residency pro- training sites have indicated that they to September 1999. gram, the limit determined for such hospital will either not implement those plans And finally, the Balanced Budget Act under subclause (I) may, at the hospital’s or are unsure about their sponsoring gave the Secretary of Health and discretion, be increased by 1 for each cal- institutions’ continued support. Human Services the authority to give endar year but shall not exceed a total of 3 21 percent of respondents report plan- ‘‘special consideration’’ to new facili- more than the limit determined for the hos- ning to decrease their family practice ties that ‘‘meet the needs of under- pital under subclause (I).’’. residency slots in the immediate fu- served rural areas.’’ The Health Care (b) TECHNICAL AMENDMENTS.—Section 1886(d)(5)(B) of the Social Security Act (42 ture. The majority of those who are Financing Administration has inter- U.S.C. 1395ww(d)(5)(B)) is amended by moving planning to decrease their slots are the preted this to mean facilities that are clauses (ii), (v), and (vi) 2 ems to the left. sole residency program in a teaching actually in underserved rural areas. SEC. 3. DIRECT GRADUATE MEDICAL EDUCATION hospital. This means that, under cur- There have been several recent expan- ADJUSTMENT. rent law, they have no alternative way sions in family practice residency pro- (a) LIMITATION ON NUMBER OF RESIDENTS.— of achieving growth, such as through a grams that include a rural training Section 1886(h)(4)(F) of the Social Security reduction of other specialty slots in track, with residents located in outly- Act (42 U.S.C. 1395ww(h)(4)(F)) (as added by order to stay within the cap. ing hospitals, or with satellite pro- section 4623 of the Balanced Budget Act of And finally, the vast majority of 1997) is amended by inserting ‘‘who were ap- grams designed specifically to train pointed by the hospital’s approved medical family practice residencies did not residents to work with underserved residency training programs’’ after ‘‘may not have their full residency FTEs cap- populations. exceed the number of such full-time equiva- tured in the 1996 cost reports upon Even though these new programs or lent residents’’. which the cap is based. satellites required accrediting body ap- (b) FUNDING FOR NEW PROGRAMS.—The first In addition to this survey, we have proval, they are still part of the sentence of section 1886(h)(4)(H)(i) of the So- anecdotal information from residencies ‘‘mother’’ residencies, which may not cial Security Act (42 U.S.C. across the country detailing how they be physically located in an underserved 1395ww(h)(4)(H)(i)) (as added by section 4623 have lost funding either because of rural area. While these are not tech- of the Balanced Budget Act of 1997) is amend- where they trained their residents or ed inserting ‘‘and before September 30, 1999’’ nically new programs, I believe that after ‘‘January 1, 1995’’. because their residents had been ex- the definition should be expanded to in- (c) FUNDING FOR PROGRAMS MEETING RURAL tended sick or maternity leave. For ex- clude such endeavors, given the value NEEDS.—The second sentence of section ample, one family practice residency in of these programs in addressing the 1886(h)(4)(H)(i) of the Social Security Act (42 Washington State last year had an needs of underserved populations. U.S.C. 1395ww(h)(4)(H)(i)) (as added by sec- equivalent of 14 residents training out- Therefore, the Medicare Graduate Med- tion 4623 of the Balanced Budget Act of 1997) side of the hospital and four in the hos- ical Education Technical Amendments is amended by striking the period at the end pital. Under the BBA, their cap would Act would expand the definition to in- and inserting ‘‘, including facilities that are be four. By contrast, had all of their not located in an underserved rural area but clude ‘‘facilities which are not located have established separately accredited rural residents been trained in the hospital in an underserved rural area, but which training tracks.’’. up to this point, their payment base have established separately accredited SEC. 4. EFFECTIVE DATE. would have been capped at 18, even if rural training tracks.’’ The amendments made by this Act shall they trained residents in non-hospital Mr. President, while the changes we take effect as if included in the enactment of settings in the future. are proposing today are relatively the Balanced Budget Act of 1997. S2318 CONGRESSIONAL RECORD — SENATE March 4, 1999 Mr. MURKOWSKI. Mr. President, I manage chronic disease or to do pre- systems which are so old and outdated am pleased today to introduce with my ventative medicine. The result is that they are unable to run even the most distinguished colleague from Maine, bush Alaska has much higher rates of basic software programs, are not multi- Senator COLLINS, the Graduate Medical preventable diseases. media capable and cannot access the Education Technical Amendments Act This legislation is truly imperative Internet. Mr. President, one of the of 1999. This legislation will alleviate to Alaska health care. While other resi- more common computers in our unintended consequences of the Bal- dency programs have the luxury of edu- schools today is the Apple IIc, a com- anced Budget Act of 1997 regarding cating their residents on rural health puter so archaic it is now on display at Graduate Medical Education (GME). issues, for us it is a necessity. the Smithsonian. The Balanced Budget Act of 1997 con- Mr. President, our legislation cor- While this technological deficiency tained important and necessary GME rects a small deficiency in the BBA of affects all of our schools, the students reform. However, a small number of 1997 that has had a large, unintended who are in the most need are receiving the changes in the Balanced Budget impact on programs training commu- the least amount of computer instruc- Act of 1997, have grave consequences nity-based and rural doctors. I hope my tion and exposure. for many residency programs, particu- colleagues can join our efforts and sup- According to the Secretary of Edu- larly for programs that have been port this important legislation. cation, 75.9 percent of households with training in ambulatory settings, are an annual income over $75,000 have small, or who produce physicians to By Mr. ABRAHAM (for himself, computers, compared to only 11 per- serve in rural areas. The impact has Mr. WYDEN, Mr. HATCH, Mr. cent of households with incomes under been disproportionately harmful to KERREY, Mr. COVERDELL, Mr. $10,000. This disparity exists when com- programs that: have already been DASCHLE, Mr. JEFFORDS, Mr. paring households with Internet access training in ambulatory settings (be- LIEBERMAN, Mr. ALLARD, Mr. as well. While 42 percent of families cause the hospitals in which they were GORTON, Mr. BURNS, and Mr. with annual incomes over $75,000 have located were not allowed to count the MCCONNELL): on-line capability, only 10 percent of residents they had serving in commu- S. 542. A bill to amend the Internal families with incomes $25,000 or less nity settings in the cap); are small, Revenue Code of 1986 to expand the de- can access the Internet from their such as hospitals with only one resi- duction for computer donations to homes. dency program; and train physicians schools and allow a tax credit for do- Rural areas and inner cities fall for practice in rural areas. nated computers; to the Committee on below the national average for house- The impact is especially damaging to Finance. holds that have computers. family practice residency programs. f Nationwide, 40.8 percent of white households have computers, while only Only family practice residents have THE NEW MILLENNIUM 19 percent of African-American and been trained extensively out of the hos- CLASSROOMS ACT pital and only family practice Hispanic households do. This disparity residencies were significantly harmed Mr. ABRAHAM. Mr. President, I am is increasing, not decreasing. And, Mr. by this provision in the BBA. In fact, a joined today by Senators WYDEN, President, this unfortunate trend is recent survey indicates that 56 percent HATCH, KERREY, COVERDELL, DASCHLE, not confined simply to individual of family residency program directors JEFFORDS, LIEBERMAN, ALLARD, GOR- households, it is present in our schools believe that the BBA provisions will TON, MCCONNELL, and BURNS in intro- as well. preclude their development of rural ducing the New Millennium Classrooms Education should be a great equal- training sites. Act. This legislation will effectively izer, providing the means by which Senator COLLINS’ and my legislation encourage the donation of computer Americans can take advantage of all would include the following legislative equipment and software to schools the opportunities this country can remedies: through tax deductions and credits. In offer, regardless of background. Yet, Recalculate the IME and DME caps addition, enhanced tax credits would be Educational Testing Service statistics based on the number of interns and applied to equipment donated to show schools with 81 percent or more residents who were appointed by the schools within designated empower- economically disadvantaged students approved medical residency training ment zones, enterprise communities, have only one multi-media computer programs for FY 1996, whether they and Indian reservations. for every 32 students, while a school were being trained in the hospital or in Advanced technology has fueled un- with 20 percent or fewer economically the community; precedented economic growth and disadvantaged students will have a Change the cutoff date for adjusting transformed the way Americans do multi-media computer for every 22 stu- the DME funding cap to September 30, business and communicate with each dents. That is a difference of 10 stu- 1999, to allow those programs already other. Despite these gains, this same dents per computer. Furthermore, in the approval process for accredita- technology is just beginning to have an schools with 90 percent or more minor- tion to continue to realization; and impact on our classrooms and how we ity students have only one multimedia Expand the exception to the funding educate our children. It is projected computer for every 30 students. caps to include programs with sepa- that 60 percent of all jobs will require Mr. President, this is simply unac- rately accredited rural training tracks high-tech computer skills by the year ceptable. even if the sponsoring hospital is not 2000, yet 32 percent of our public The Taxpayers Relief Act of 1997 con- located in a rural area, and for resi- schools have only one classroom with tains a provision, The 21st Century dency programs where a primary care access to the Internet. Classrooms of 1997, which allows a cor- training program is the only one of- Mr. President, it is imperative that poration to take a deduction from tax- fered in the hospital. we act now to provide our nation’s stu- able income for the donation of com- This legislation is important for dents with the necessary technological puter technology, equipment and soft- Alaska’s first and only residency pro- background so they can succeed in to- ware. gram. The Alaska Family Practice morrow’s high-tech workplace and en- Unfortunately, since The 21st Cen- Residency is specifically designed to sure our country’s future position in tury Classrooms Act of 1997 has been train physicians to practice medicine competitive world markets. implemented, there has not been a sig- in rural Alaska. The Department of Education rec- nificant increase in corporate dona- Alaska’s rural health care problems ommends that there be at least one tions of computers and related equip- are tough: 74% of Alaska is medically computer for every five students. Ac- ment to K–12 schools. The current in- under-served. Many villages populated cording to the Educational Testing centives do not provide enough tax re- by 25–1000 individuals do not have ac- Service, in 1997, there was only one lief to outweigh the costs incurred by cess to physicians. Physician turn-over computer for every 24 students, on av- the donors. Moreover, the restrictions rate is high which makes it impossible erage. Not only are our classrooms limiting the age of eligible equipment for patients to establish long-term re- sadly under-equipped, but even those to two years or less and the narrow def- lationships with their physician to classrooms with computers often have inition of ‘‘original use’’ has greatly March 4, 1999 CONGRESSIONAL RECORD — SENATE S2319 limited the number of computers avail- were donated to schools, the national Revenue Code of 1986 (relating to business re- able for qualified donation. As a result, ratio of students-to-computers would lated credits) is amended by adding at the the Detwiler Foundation, a California- be brought to five-to-one or less. This end the following: ‘‘SEC. 45D. CREDIT FOR COMPUTER DONATIONS based organization with unparalleled would meet, or even exceed, the ratio TO SCHOOLS. status as a facilitator of computer do- recommended by the Department of ‘‘(a) GENERAL RULE.—For purposes of sec- nations to K–12 schools nationwide, re- Education. tion 38, the school computer donation credit ports they ‘‘have not witnessed the an- The New Millennium Classrooms Act determined under this section is an amount ticipated increase in donation activ- will provide powerful tax incentives for equal to 30 percent of the qualified elemen- ity’’ since the enactment of the 1997 American businesses to donate top tary or secondary educational contributions tax deduction. quality high-tech equipment to our na- (as defined in section 170(e)(6)(B)) made by the taxpayer during the taxable year. Mr. President, to increase the tion’s classrooms without duly increas- ‘‘(b) INCREASED PERCENTAGE FOR CONTRIBU- amount of technology donated to ing Federal Government expenditures TIONS TO SCHOOLS IN EMPOWERMENT ZONES, schools, the New Millennium Class- or creating yet another federal pro- ENTERPRISE COMMUNITIES, AND INDIAN RES- rooms Act would expand the param- gram or department. Encouraging pri- ERVATIONS.—In the case of a qualified ele- eters of the current tax deduction and vate investment and involvement, this mentary or secondary educational contribu- add a tax credit, which operates like Act will keep control where it be- tion (as so defined) to an educational organi- zation or entity located in an empowerment the R&D tax credit. Specifically, the longs—with the teachers, the parents, zone or enterprise community designated bill would do the following: and the students. under section 1391 or an Indian reservation First, this legislation would allow a This bill is not simply another ‘‘tar- (as defined in section 168(j)(6)), subsection (a) tax credit equal to 30 percent of the geted tax break.’’ Broad-based tax re- shall be applied by substituting ‘50 percent’ fair market value of the donated com- lief and reform efforts should work to for ‘30 percent’. puter equipment. An increased tax lower tax rates across the board while ‘‘(c) CERTAIN RULES MADE APPLICABLE.— credit provides greater incentive for continuing to retain and improve upon For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section companies to donate computer tech- the core tax incentives for education, 41(f) shall apply. nology and equipment to schools. This homeownership, and charitable con- ‘‘(d) TERMINATION.—This section shall not includes computers, peripheral equip- tributions. The New Millennium Class- apply to taxable years beginning on or after ment, software and fiber optic cable re- rooms Act expands the parameters and the date which is 3 years after the date of the lated to computer use. thus the effectiveness of an already ex- enactment of the New Millennium Class- Second, it would expand the age limit isting education and charity tax incen- rooms Act. (b) CURRENT YEAR BUSINESS CREDIT CAL- to include equipment three years old or tive, one which will effectively bring CULATION.—Section 38(b) of the Internal Rev- less. Many companies do not update top-of-the-line technology into all of enue Code of 1986 (relating to current year their equipment within the two year our schools. business credit) is amended by striking period. This provision increases the With the passage of the New Millen- ‘‘plus’’ at the end of paragraph (11), by strik- availability of eligible equipment. nium Classrooms Act, all our children ing the period at the end of paragraph (12) Three year old computers equipped will have an equal chance at succeed- and inserting ‘‘, plus’’, and by adding at the ing in the new technological millen- end the following: with Pentium-based or equivalent ‘‘(13) the school computer donation credit chips have the processing power, mem- nium. determined under section 45D(a).’’ ory, and graphics capabilities to pro- Mr. President, I ask unanimous con- (c) DISALLOWANCE OF DEDUCTION BY vide sufficient Internet and multi- sent that the bill, a section by section AMOUNT OF CREDIT.—Section 280C of the In- media access and run any necessary analysis, and a letter from the ternal Revenue Code of 1986 (relating to cer- software. Detwiler Foundation be printed in the tain expenses for which credits are allow- Third, the current limitation on RECORD. able) is amended by adding at the end the There being no objection, the mate- following: ‘‘original use’’ would be expanded to in- ‘‘(d) CREDIT FOR SCHOOL COMPUTER DONA- clude the original equipment manufac- rial was ordered to printed in the TIONS.—No deduction shall be allowed for turers or any corporation that re- RECORD, as follows: that portion of the qualified elementary or acquires the equipment. By expanding S. 542 secondary educational contributions (as de- the number of donors eligible for the Be it enacted by the Senate and House of Rep- fined in section 170(e)(6)(B)) made during the tax credit, the number of computers resentatives of the United States of America in taxable year that is equal to the amount of available will increase as well. Congress assembled, credit determined for the taxable year under SECTION 1. SHORT TITLE. section 45D(a). In the case of a corporation Lastly, enhanced tax credits equal to which is a member of a controlled group of 50 percent of the fair market value of This Act may be cited as the ‘‘New Millen- nium Classrooms Act’’. corporations (within the meaning of section the equipment donated to schools lo- SEC. 2. EXPANSION OF DEDUCTION FOR COM- 52(a)) or a trade or business which is treated cated within designated empowerment PUTER DONATIONS TO SCHOOLS. as being under common control with other zones, enterprise communities, and In- (a) EXTENSION OF AGE OF ELIGIBLE COMPUT- trades or businesses (within the meaning of dian reservations would be imple- ERS.—Section 170(e)(6)(B)(ii) of the Internal section 52(b)), this subsection shall be ap- mented. Doubling the amount of the Revenue Code of 1986 (defining qualified ele- plied under rules prescribed by the Secretary similar to the rules applicable under sub- tax credits for donations made to mentary or secondary educational contribu- tion) is amended— sections (a) and (b) of section 52.’’ schools in economically-distressed (d) LIMITATION ON CARRYBACK.—Subsection areas will increase the availability of (1) by striking ‘‘2 years’’ and inserting ‘‘3 years’’, and (d) of section 39 of the Internal Revenue Code computers to the children that need it (2) by inserting ‘‘for the taxpayer’s own of 1986 (relating to carryback and carryforward of unused credits) is amended most. use’’ after ‘‘constructed by the taxpayer’’. Bringing our classrooms into the 21st (b) REACQUIRED COMPUTERS ELIGIBLE FOR by adding at the end the following: ‘‘(9) NO CARRYBACK OF SCHOOL COMPUTER century will require a major national DONATION.— DONATION CREDIT BEFORE EFFECTIVE DATE.— investment. According to a Rand Insti- (1) IN GENERAL.—Section 170(e)(6)(B)(iii) of the Internal Revenue Code of 1986 (defining No amount of unused business credit avail- tute study, it will cost $15 billion, or able under section 45D may be carried back $300 per student, to provide American qualified elementary or secondary edu- cational contribution) is amended by insert- to a taxable year beginning on or before the schools with the technology needed to ing ‘‘, the person from whom the donor re- date of the enactment of this paragraph.’’ (e) CLERICAL AMENDMENT.—The table of educate our youth; the primary cost acquires the property,’’ after ‘‘the donor’’. sections for subpart D of part IV of sub- being the purchase and installation of (2) CONFORMING AMENDMENT.—Section chapter A of chapter 1 of the Internal Reve- computer equipment. At a time when 170(e)(6)(B)(ii) of such Code is amended by in- nue Code of 1986 is amended by inserting serting ‘‘or reaquired’’ after ‘‘acquired’’. the government is planning to spend after the item relating to section 45C the fol- (c) EFFECTIVE DATE.—The amendments $1.2 billion to wire schools and libraries lowing: to the Internet, the demand for this so- made by this section shall apply to contribu- ‘‘Sec. 45D. Credit for computer donations to phisticated hardware will be greater tions made in taxable years ending after the date of the enactment of this Act. schools.’’ than ever. SEC. 3. CREDIT FOR COMPUTER DONATIONS TO (f) EFFECTIVE DATE.—The amendments The Detwiler Foundation estimates SCHOOLS. made by this section shall apply to contribu- that if just 10 percent of the computers (a) IN GENERAL.—Subpart D of part IV of tions made in taxable years beginning after that are taken out of service each year subchapter A of chapter 1 of the Internal the date of the enactment of this Act. S2320 CONGRESSIONAL RECORD — SENATE March 4, 1999

SECTION-BY-SECTION ANALYSIS—THE NEW equipment to schools and education-benefit generous, or even liberal, in our assignments MILLENNIUM CLASSROOMS ACT organizations like ours. of applicable donations, facilitators and re- A bill to amend the Internal Revenue Code Two years ago Congress enacted the 21st ceiving schools and tax credits. In other of 1986 to expand the deduction for computer Century Classrooms Act as part of the Tax words, we have attempted to err on the donations to schools and to allow a tax cred- Relief Act of 1997 (HR2014). This provision al- ‘‘high’’ or most expensive side in this equa- it for donated computers. lows corporations that donate computers to tion. We believe the actual costs to govern- qualified organizations (schools and edu- ment coffers will be substantially less than Section 1. Short title cation-benefit non-profits) to receive an en- our educated guess. This section provides that the act may be hanced charitable contribution tax deduc- Thank you for your time and consider- cited as the ‘‘New Millennium Classrooms tion. The Detwiler Foundation welcomed ation, and the very best to you as you tackle Act’’ this legislation and considered it a signifi- this session’s legislative agenda. Section 2. Expansion of deduction for computer cant development in our efforts to support a Sincerely, donations to schools computer-literate and technologically-pre- JERRY GRAYSON, This section extends the age of eligible pared society. Regional Director. computers from two years to three years of While we remain unqualifiedly grateful to Mr. HATCH. Mr. President, I join age. the sponsors and supporters of the 21st Cen- today with my colleagues Senators tury provision, we have not witnessed the In addition, the scope of ‘‘original use’’ is ABRAHAM and WYDEN to introduce the expanded to include not only the donor or anticipated increase in donation activity. We have been told by companies in a position to New Millennium Classrooms Act. the donee, but the person from whom the Technology is a wonderful thing. It donor reacquires the property as well. utilize the legislation that, for the most The amendments made by this section part, it does not fully meet their business increases our productivity, enhances shall apply to contributions made in taxable cycle needs. We have also come to under- the way we communicate with each years ending after the date of the enactment stand that, even though company executives other, and opens up access to whole of this Act. work hard to serve their communities and new worlds at the click of a finger. Section 3. Credit for computer donations to the nation—and often succeed in so doing— It is becoming an integral part of the schools they still must ultimately answer to their way America does business. Our econ- shareholders. The current legislation, they This section establishes that the school omy has become more and more say, does not offer them significant assist- computer donation credit shall be an amount globalized. Our jobs, our cars, and our ance in that responsibility. equal to 30 percent of the fair market value The Detwiler Foundation suggests that an toys are more and more high-tech. of the qualified contribution. expansion of the current code will bring Computers have become such a big part In addition, the school computer donation about the results sought by the authors of of American business that it has been credit is enhanced for contributions made to the 21st Century Classrooms Act while main- projected that 60 percent of American schools located within designated empower- taining the budgetary responsibility these jobs will require high-tech computer ment zones, enterprise communities, and In- times demand. Our experience to this point skills by 2000—just next year. dian reservations. The school computer do- is that no donors to our program have been nation credit shall be an amount 50 percent Unfortunately, there is an important able to apply provisions of the current code part of our society that has not kept of the fair market value of the qualified con- to their donations. In other words, donations tribution. pace with this technology craze—our have not attached to the Balanced Budget schools. We are falling dismally short This section shall not apply to taxable offset outlay made for the existing legisla- years beginning on or after the date which is tion. It is our firm belief that the following of meeting the Department of Edu- three years after the date of enactment of amendments will meet the goals of the legis- cation’s recommendation of 1 computer the New Millennium Classrooms Act. lation while maintaining fiscal responsibil- per 5 students. American schools had This section includes a disallowance of the ity. an average of just 1 computer per 24 existing tax deduction by the amount of the Expand the ‘‘eligible equipment’’ provision students in 1997. tax credit, stating that no deduction shall be to include computers three (3) years old or allowed for that portion of the qualified con- Not only are there too few computers less. in the classrooms, but those that are tribution that is equal to the amount of the Provide donors shall a contribution credit tax credit. against taxable income equal to a percentage there are old and outdated, unable to Lastly, no amount of unused business cred- of the original basis of the donated equip- run today’s software and applications. it available may be carried back to a taxable ment. There should be a greater credit for In fact, the most popular model of com- year beginning on or before the date of the contributions to schools in federally-recog- puter in our schools is the Apple IIc. enactment of this Act. nized empowerment zones. For those of you who are unfamiliar The amendments made by the sections Offer the enhanced benefit to all IRS-des- with this computer, you can see one shall apply to taxable years beginning after ignated (‘‘C’’ and ‘‘Subchapter S’’) corpora- just down the street in the Smithso- the date of the enactment of this Act. tions. Allow donee or facilitator to enhance and nian. THE DETWILER FOUNDATION, upgrade equipment as is reasonable and nec- Too many of today’s schoolchildren COMPUTERS FOR SCHOOLS PROGRAM, essary and recover the cost of work done to are missing out on one of the greatest La Jolla, CA, March 3, 1999. add value to the equipment in addition to re- advancements in computer applica- Hon. SPENCER ABRAHAM, covering the cost for shipping, installation tions—the Internet. Thirty-two percent U.S. Senate, Washington, DC. and transfer. of our public schools have only one DEAR SENATOR ABRAHAM: I am writing you Make the legislation effective January 1, classroom with access to the Internet. because of the Detwiler Foundation’s unpar- 2000 and extend its lifetime through Decem- This is not right. Our kids deserve the alleled status as a facilitator of computer ber 31, 2004. donations to K–12 schools across the United The Detwiler Foundation addresses this cutting edge of technology, not the 21st States. Our experience—eight years in com- issue as an organization working with state century equivalent of chalk and slates. puter solicitation, refurbishing and place- governments and local entities in every part In 1997, Congress recognized the need ment, working through various types of fa- of the nation. While we have no statistical for more and better computers in our cilities in states across the nation—leaves us evidence to certify this, we are as we under- schools enacting a corporate charitable uniquely qualified to provide perspective on stand it (and as is generally conceded) the tax deduction for school computer do- computer donation history, process and single most prolific source of donated com- nations. Unfortunately, the deduction trends. Because of our depth of knowledge in puters for schools across the nation. Last was crafted narrowly with various re- this area, it has been requested that we offer year we coordinated more than 12,000 com- strictions and limitations so that we information and insight on legislation that puter donations. Furthermore, we have been may be coming before you this year. facilitating these contributions since 1991. have not seen a significant increase in As you move into the heart of the nation’s Our program has become the model for many computer donations to our schools. legislative workload for 1999 we understand other agencies now involved in soliciting and The New Millennium Classrooms Act that many different issues will be on the providing computers for schools. It is from is designed to address the shortcomings agenda. The Detwiler Foundation Computers that vantage point that we provide our in- of the current deduction by expanding for Schools Program is dedicated to increas- sights and observations. limits on the deduction and adding a ing and enhancing school technology avail- We offer these suggested changes to the tax credit equal to thirty percent of able across the nation. As you might imag- legislation after having estimated the finan- the fair market value of the donated ine, we are keenly interested in all matters cial impact of these changes. This estimate that help us support that goal. Perhaps as is based on our experience and our informed computer equipment. This provides you consider legislation for this session you perspective—you will find a copy accom- greater incentives for corporations to will examine existing statutes for charitable panying this letter. In coming to our conclu- donate computer technology and equip- contributions of computers and computer sions, we attempted to be what we consider ment to our schools. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2321 Allowing computer manufacturers to to their children. In fact, just this I’m a third generation [breast cancer] sur- donate computers and other equipment month scientists reported that one of vivor and as of last October I have nine im- returned to them through trade-ins or the genes implicated in advanced mediate women in my family that have been breast cancer is also related to the diagnosed with breast cancer * * *. I want leasing programs will expand both the my daughters to be able to live a normal life number of eligible donors and the final stages of prostate cancer. Because and not worry about breast cancer. I want to qualified equipment to be donated. science progresses my legislation has have the BRCA test [for breast cancer] done An enhanced 50 percent tax credit for not remained static and it represents but because of the insurance risk for my donations to schools located in em- the best of genetic advancements and daughters’ future I don’t dare. powerment zones, enterprise commu- the most comprehensive definitions of Nine women in Bonnie Lee Tucker’s nities, and Indian reservations will genetic issues. I have been working family have breast cancer, yet the fear help to address the growing technology hard with experts in the genetics field, of discrimination was so strong that gap between our urban and rural, rich Chairman of the Health, Education, she would forgo testing that could po- and poor schools. This will help focus Labor, and Pensions Committee Sen- tentially save her own or her daugh- the donations to those kids who need ator JIM JEFFORDS, Senator BILL ters’ lives. the technology the most, to those kids FRIST, and Senator CHUCK HAGEL to Patients like Bonnie Lee Tucker may who are less likely to have a computer improve upon the language included in be unwilling to disclose information at home. the Patients’ Bill of Rights—Plus. To- about their genetic status to their phy- A good education for our children is day’s bill is the result of an enormous sicians out of fear, hindering treatment the key to the future of our country. amount of time and effort, and I want or preventive efforts. And though it Without current computers and equip- to thank my three colleagues for their could save her life or the life of one of ment in our schools, we cannot keep willingness to devote so much of their her daughters she is unwilling to par- our kids on the cutting edge of tech- attention to this important issue. ticipate in potentially ground-breaking nology where they belong. This bill Unfortunately as our knowledge of research trials because she does not contains real incentives for private or- genetics and genetic predisposition to want to reveal information about their ganizations to get involved and donate disease has increased, so has the poten- genetic status and is afraid of losing computers and equipment to schools in tial for discrimination in health insur- her health insurance. Bonnie Lee Tuck- order to help educate our children. ance based on genetic information. In er should not have to bet her life and This is important to our kids, our addition to the potentially devastating the life of her daughter this way. schools, and our future. I urge my col- consequences health insurance denials Americans should not live in fear of leagues to cosponsor this legislation. based on genetic information can have knowing the truth about their health on American families, the fear of dis- status. They should not be afraid that By Ms. SNOWE (for herself, Mr. crimination has equally harmful con- critical health information could be FRIST, Mr. JEFFORDS, Mr. sequences for consumers and for sci- misused. They should not be forced to HAGEL, Ms. COLLINS, and Mr. entific research. But genetics still isn’t choose between insurance coverage and ENZI): an exact science. We all must remem- critical health information that can S. 543. A bill to prohibit discrimina- ber that prediction does not mean cer- help inform their decisions. They tion on the basis of genetic informa- tainty. For example, the Alzheimer’s should not fear disclosing their genetic tion with respect to health insurance; gene has less than a 35 percent pre- status to their doctors. And they to the Committee on Health, Edu- diction certainty. Science has not yet should not fear participating in medi- cation, Labor, and Pensions. progressed to the point where it can cal research. GENETIC INFORMATION NONDISCRIMINATION IN tell us definitely and without doubt We must ensure that people who are HEALTH INSURANCE ACT what will happen if a mutation is found insured for the very first time, or who Ms. SNOWE. Mr. President, I am and it is this uncertainty that makes become insured after a long period of pleased to be joined by my colleagues our legislation so very, very important. being uninsured, do not face genetic Senators JEFFORDS, FRIST, and HAGEL As a legislator who has worked for discrimination. We must ensure that in introducing the Genetic Information many years on the issue of breast can- people are not charged exorbitant pre- Nondiscrimination in Health Insurance cer, and as a woman with a history of miums based on such information. We Act. I first introduced this legislation breast cancer in her family, I continue must ensure that insurance companies in the 104th Congress, in conjunction to be amazed and delighted with the cannot discriminate against individ- with Representative LOUISE SLAUGHTER treatment advances based on the dis- uals who have requested or received ge- in the House. Since then I have worked coveries of two genes related to breast netic services. We must ensure that in- extensively with many of my col- cancer—BRCA1 and BRCA2. Keep in surance companies cannot release a leagues to ensure that this legislation mind that women who inherit mutated person’s genetic information without effectively addresses the need for pro- forms of either gene have an 85 percent their prior written consent. And we tections against genetic discrimination risk of developing breast cancer in must ensure that health insurance in the health insurance industry. This their lifetime, and a 50 percent risk of companies cannot carve out covered bill builds on and improves the lan- developing ovarian cancer. Not very services because of an inherited genetic guage included in the Patients’ Bill of good odds. disorder. Our bill does just that. Rights—Plus (S. 300). Although there is no known treat- As the Senate moves forward with Progress in the field of genetics is ac- ment to ensure that women who carry the Patients’ Bill of Rights—Plus we celerating at a breathtaking pace. Who the mutated gene do not develop breast must focus on this important issue and could have predicted 20 years ago that cancer, genetic testing makes it pos- should act as quickly as possible to put scientists could accurately identify the sible for carriers of these mutated a halt to the unfair practice of dis- genes associated with cystic fibrosis, genes to take extra precautions such as criminating on the basis of genetic in- cancer, Parkinson’s and Alzheimer’s mammograms, self-examinations, and formation, and to ensure that safe- diseases? Today scientists can, and as a even enrollment in research studies in guards are in place to protect the pri- result doctors are increasingly better order to detect cancer at its earliest vacy of genetic information. able to identify predispositions to cer- stages. Many women who might take Mr. FRIST. Mr. President, it is with tain diseases based on the results of ge- extra precautions if they knew they great pride that I rise today to intro- netic testing. These results mean that had the breast cancer gene may not duce the Genetic Information Non- doctors are better able to successfully seek testing because they fear losing discrimination in Health Insurance Act treat and manage many diseases. Sci- their health insurance. And what are of 1999 with my colleagues, Senators entific advances hold tremendous the implications when women are SNOWE, JEFFORDS, HAGEL, and COLLINS. promise for the approximately 15 mil- afraid of having a genetic test—or test- We have worked diligently on this leg- lion people affected by the over 4,000 ing their daughters? islation for several years to bring this currently-known genetic disorders, and The implications are simply dev- issue to the forefront of the Congres- the millions more who are carriers of astating. One of my constituents from sional agenda and to craft a solid piece genetic diseases who may pass them on Hampden, Maine put it best: of legislation that will provide patients S2322 CONGRESSIONAL RECORD — SENATE March 4, 1999 with real protections against genetic discrimination in insurance will re- Our legislation addresses the con- discrimination in health insurance. move the greatest barrier to testing cerns that were raised at the hearing: Scientists anticipate that the entire and thus further accelerate our sci- 1. It prohibits group health plans and human genome will be completely de- entific progress. health insurance companies in all mar- coded within the next few years. This My Senate colleagues and I are in the kets from adjusting premiums on the unprecedented accomplishment will process of scrutinizing the quality of basis of predictive genetic information. usher in a new era in our understand- the medical care in our country. In- 2. Prohibits group health plans and ing of diseases that afflict all Ameri- creasing access to health care and im- health insurance companies from re- cans and is bound to expand our under- proving the quality of that care are questing predictive genetic informa- standing of human development, health two cornerstones of the Senate Repub- tion as a condition of enrollment. and disease. Ultimately, our hope is lican Patients’ Bill of Rights (S.300/ 3. It allows plans to request—but not that medical science will capitalize on S.326). I believe that quality is best require—that an individual disclose or these scientific advances to promote achieved when patients and their care authorize the collection of predictive the health and well-being of our citi- givers can make fully informed deci- genetic information for diagnosis, zens. sions regarding different treatment op- treatment, or payment purposes. In ad- It is the discovery of ‘‘disease genes’’ tions. In addition, the essence of a long dition, as part of the request, the group that provides the eye of the current and productive life is the adoption of health plans or health insurance com- legislative storm. Scientists have al- healthy habits including preventative panies must provide individuals with a ready identified genes that are associ- measures based on disease risk assess- description of the procedures in place ated with increased risk of certain dis- ment. As a result, testing for genetic to safeguard the confidentiality of the eases including: breast cancer, colon risk becomes an indispensable part of information. cancer and Alzheimer‘s dementia. In quality health care—which is why Sen- For a society, it is often said, demog- time, more genes will be linked to risk ators SNOWE, JEFFORDS, HAGEL, COL- raphy is destiny. But for an individual, of future disease. While early knowl- LINS, and I felt strongly that genetic as we are learning more and more, it is edge of disease risk is imperative to discrimination provisions must be in- DNA that is destiny. Each week, it our ability to take measures to prevent cluded our Patients’ Bill of Rights. Pa- seems, scientists decipher another disease, many fear some form of ret- tients must not forgo genetic testing peace of the genetic code, opening ribution for carrying ‘‘bad’’ genes and, because of fear of discrimination in in- doors to greater understanding of how therefore, refuse testing. Discrimina- surance. We have the opportunity—we our bodies work, how they fail, and tion in health insurance, either by de- have the duty—to dispel the threat of how they might be cured. Everyday we read of new discoveries nial of coverage or excessive premium discrimination based on an individual’s resulting from the work being con- rates, is the major concern of most in- genetic heritage. I look forward to ducted at the National Center for dividuals. For example, nearly a third working with my colleagues to enact these provisions this year as the health Human Genome Research. As our body of women offered a test for breast can- care debate moves forward. of scientific knowledge about genetics, cer risk at the National Institutes of Mr. JEFFORDS. Mr. President, it is increases, so, too, do the concerns Health declined citing concerns about with great pride that I introduce the about how this information may be health insurance discrimination. ‘‘Genetic Information Nondiscrimina- used. There is no question that our un- Biomedical research and scientific tion in Health Insurance Act of 1999,’’ derstanding of genetics has brought us progress march on and do not pause for with my colleagues, Senators SNOWE, to the brink of a new future. Our chal- social and public policy debate and leg- FRIST, HAGEL, and COLLINS. These pro- lenge as a Congress will be to help en- islation. The escalating speed of ge- tections will give all Americans the as- sure that our society reaps the full netic discovery mandates that Con- surance that the scientific break- health benefits of genetic testing and gress act now to prohibit discrimina- throughs in genetics testing are only also to put to rest any concerns that tion against healthy individuals who used to improve an individual’s health the information will be used as a new may have a genetic predisposition to and not as a new means of discrimina- tool to discriminate against specific disease. The bill I have been working tion. ethnic groups or individual Americans. on with Senators SNOWE and JEFFORDS On May 21st of last year, I held a With the enactment of the ‘‘Genetic prohibits group health plans or health Labor and Human Resources Commit- Information Nondiscrimination in insurance issuers from adjusting pre- tee hearing on ‘‘Genetic Information Health Insurance Act of 1999’’ as a part miums based on predictive genetic in- and Health Care,’’ which proved to be of S. 300—‘‘The Patients’ Bill of Rights formation regarding an individual. In one of the most important of the Com- Plus Act’’—we will be able to ensure the individual insurance market, our mittee’s hearing during the 105th Con- that these scientific breakthroughs bill prohibits health insurance issuers gress. At that hearing, the Committee stimulated by the Human Genome from using predictive genetic informa- was presented information regarding Project will be used to provide better tion to deny coverage or to set pre- the enormous health benefits that ge- health for all members of our society mium rates. Furthermore, insurers are netic testing research may contribute and not as a means of discrimination. prohibited from requesting predictive to health care, particularly in prevent- genetic information or requiring an in- ative medicine. Additionally, we heard By Mr. HOLLINGS (for himself dividual to undergo genetic testing. If compelling testimony from witnesses and Mr. ROCKEFELLER): genetic information is requested for di- who fear that genetic testing will be S. 545. A bill to amend title 49, agnosis of disease, or treatment and used to discriminate against individ- United States Code, to authorize appro- payment for services, health insurers uals with asmyptomatic conditions and priations for the Federal Aviation Ad- are required to provide patients a de- to deny them the access to health in- ministration for fiscal years 1999, 2000, scription of the procedures in place to surance coverage that they have tradi- 2001, 2002, 2003, and 2004, and for other safeguard the confidentiality of such tionally enjoyed. purposes; to the Committee on Com- information. Following that hearing, I directed merce, Science, and Transportation. The deciphering of the human ge- my staff to work with the offices of THE FEDERAL AVIATION ADMINISTRATION nome presents an unparalleled oppor- Senator FRIST and the other members AUTHORIZATION ACT OF 1999 tunity to more completely understand of the Labor Committee, together with Mr. HOLLINGS. Mr. President, I rise disease processes and cures. We want the office of Senator SNOWE, to draft today to introduce the Administra- patients to benefit from our invest- legislation that build on Senator tion’s 1999 Reauthorization bill at the ment in biomedical research and fully SNOWE’s bill, S. 89, to ensure that indi- request of Transportation Secretary utilize medical advancements to im- viduals would be able to control the Rodney Slater. I introduce it so that it prove their health. This will not be use of their predictive genetic informa- can be part of the debates on the future possible unless individuals are willing tion. The results of these efforts are re- of our aviation system. There are many to be tested. Patients must feel safe flected in the genetic information pro- provisions that I do not support and from repercussions based on their ge- visions of S. 300, ‘‘The Patients’ Bill of the Secretary understands this. How- netic profile. Prohibition of genetic Rights Plus Act.’’ ever, the FAA needs adequate funding. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2323

The money is in the Airport and Air- their health insurance costs, while oth- LIEBERMAN, WARNER, MOYNIHAN, and a ways Trust Fund—we just need to ers, mostly smaller businesses, are told host of others to introduce the Credit unlock it. they can deduct only a smaller share of for Voluntary Reductions Act of 1999. The items which concern me include their health insurance costs. Although This bipartisan legislation addresses the PFC and doing away with the High we’ve recently made some progress in a major disincentive that is preventing Density Rule and fees. Furthermore, I addressing this problem, the appro- voluntary, cost-effective, and near- take issue with the Performance Based priate solution remains elusive. term actions by U.S. entities to reduce Organization though I recognize that Moreover, the reasons for promptly the threat of global climate change. In many segments of the industry support correcting this tax inequity are even a word, this disincentive is uncer- it. We will not privatize the ATC Sys- more urgent today as many small busi- tainty. Let me explain. tem, but we must make sure FAA has nesses, especially our family farmers, There is growing certainty in the the tools and money to do its job. are now facing the financial struggles international scientific community, I intend to work with the Secretary of their lives. Not only is continued and indeed within our own business and Senators MCCAIN, ROCKEFELLER, delay of this equitable tax treatment community, that human actions may and GORTON to accomplish this com- unacceptable for family farmers and eventually cause harmful disturbances mon goal. ranchers whose documented risks in to our global climate system. Unfortu- Mr. ROCKEFELLER. Mr. President, business are reflected in higher health nately, no one in the business world or today, along with Senator HOLLINGS, I costs, but it’s also diverting resources the Congress knows for sure what, if am introducing the Administration’s away from the operations of farms, anything, might be done in the future legislative proposal for reauthorizing ranches and Main Street businesses in to stabilize atmospheric concentra- the programs of the Federal Aviation rural America at a time when many tions of carbon dioxide and other Administration. I do so at the request simply can’t afford it. greenhouse gases. of Transportation Secretary Rodney Over the past several years, Congress Will the 1997 Kyoto Protocol ever be Slater who is eager to have the Senate has taken some steps in addressing this ratified and implemented in the United consider his key initiatives. unfair disparity in the deductibility of States? Many, particularly here on Among other provisions, the bill in- health insurance costs by allowing sole Capitol Hill, believe not. If the Kyoto cludes a number of initiatives that will proprietors to deduct a larger share of Protocol is never implemented, will be beneficial to small communities, their health insurance costs. But we’ve something else replace it? More per- modeled in part after S. 379, the Air been taking steps that are too small sons than not think this is a real possi- Service Restoration Act, which I intro- and too slow. This year, sole propri- bility. duced earlier this year, along with Sen- etors may deduct only 60-percent of Will the United States ever reach the ators DORGAN, WYDEN, HARKIN, and their health insurance costs for tax point where greenhouse gas mitigation BINGAMAN. Several of these provisions purposes. This glaring unfairness is is legally required? Observers on all also have been incorporated into the scheduled to be fixed by the year 2003, sides of this debate, irrespective of FAA reauthorization bill, S. 82, which when our nation’s small business own- their preference, will concede that has been favorably reported by the ers will finally be able to claim a 100- there is a reasonable probability of fu- Commerce Committee. percent deduction, just like large cor- ture government regulation in one Many of my colleagues share my own porations already enjoy. But this is form or another. Or, at least there is commitment to addressing the critical simply too late for many small busi- no guarantee that mandatory action needs and concerns of small commu- nesses. will never be imposed. nities—the challenges they face in gen- We can no longer delay providing this But when might such government re- eral, and the lack of air service in par- tax relief because many of the self-em- quirements take effect? How would ticular. I am very pleased that the Sec- ployed who would benefit from it—in- they be designed? Finally, who will be retary’s bill offers leadership in this cluding farmers and ranchers—are subjected to them? What emission area. struggling through the worst farm cri- sources might be exempted? No one can I must also point out, however, that sis in memory. That’s why my legisla- answer these questions definitively. there are other areas of the Adminis- tion would provide farmers, ranchers And such inquiries will likely go unan- tration’s bill that I am reserving judg- and other sole proprietors a full, 100- swered for a considerable amount of ment on and may not be able to sup- percent tax deduction for this year’s time into the future. port. The Secretary is aware of my health insurance costs. While the Credit for Voluntary Re- concerns, and I want to work with him Mr. President, the health of a farm ductions legislation does not introduce, and my colleagues on crafting a mean- family or small business owner is no encourage, or suggest in any way the ingful legislative package to reform less important than the health of the need for a regulatory program—the the FAA, strengthen the Airport Im- president of a large corporation, and fact remains that none of us can pre- provement Program, enhance aviation the Internal Revenue Code should re- dict what will happen scientifically or competition and address the needs of flect this simple fact now. I urge my politically on the climate change issue small communities. colleagues to cosponsor this legislation over the next several years or decades. and join me in immediately ending this In the face of this policy uncertainty, By Mr. DORGAN: tax inequity at the first available op- it is easy to understand why many cor- S. 546. A bill to amend the Internal portunity. porate leaders and small businessmen Revenue Code of 1986 to allow a deduc- alike are reluctant to take big steps— tion for 100 percent of the health insur- By Mr. CHAFEE (for himself, Mr. even if certain voluntary actions im- ance costs of self-employed individuals; MACK, Mr. LIEBERMAN, Mr. prove their bottom line. Business lead- to the Committee on Finance. WARNER, Mr. MOYNIHAN, Mr. ers, with history as their guide, are THE HEALTH INSURANCE COST TAX EQUITY ACT REID, Mr. JEFFORDS, Mr. worried that their own government OF 1999 WYDEN, Mr. BIDEN, Ms. COLLINS, will discount or not credit these good, Mr. DORGAN. Mr. President, today I Mr. BAUCUS, and Mr. but voluntary deeds under some poten- rise to introduce the Health Insurance VOINOVICH): tial, future regulatory regime. Cost Tax Equity Act of 1999, to imme- S. 547. A bill to authorize the Presi- They fear that, after all is said and diately put our nation’s sole propri- dent to enter into agreements to pro- done, they will have been forced to etors on par with their larger corporate vide regulatory credit for voluntary spend twice as much to control pollut- competitors with respect to the tax early action to mitigate potential envi- ants as their laggard competitors. In treatment of their health insurance ronmental impacts from greenhouse the face of this uncertainty, business costs, without any further delay. gas emissions; to the Committee on may be inclined to wait to reduce emis- I have argued for some time that it’s Environment and Public Works. sions until after the diplomatic, politi- indefensible that our federal tax laws CREDIT FOR VOLUNTARY REDUCTIONS ACT cal, and regulatory dust has cleared. tell some of our biggest corporations Mr. CHAFEE. Mr. President, I am Meanwhile, billions more tons of green- that they can deduct 100 percent of proud to join with Senators MACK, house gases are released by man into S2324 CONGRESSIONAL RECORD — SENATE March 4, 1999 the atmosphere every year—and impor- We will also be careful to establish a to do those things, and we will make tant, cost-effective opportunities to re- system that recognizes past activities, improvements to this important legis- duce emissions may be lost. that is, climate mitigation projects lation. It is this uncertainty, this regulatory that have occurred since the early While I have strong beliefs on the and financial risk, that our legislation 1990’s, that clearly can be shown to be science of climate change and find is intended to diminish. measurable emission reduction or se- some significant merits in the Kyoto The proposal clears the way for vol- questration actions. Protocol—this legislation is com- untary projects that otherwise might The recognition of both overseas and pletely agnostic on both. The fact is, not go forward. It is designed to reduce sequestration activities also present this bill creates an ‘‘escrow account’’ the current uncertainty and risk faced some unique challenges if we are to for any U.S. entity that has made up by potentially regulated entities to the maintain a true environmental pro- its own mind to do things to earn emis- government. This legislation gets the gram that happens to be voluntary. sion credits—nothing more and nothing government out of the way so that the But the development of carbon sinks less with respect to ratification and marketplace may determine new and and overseas emission reduction implementation of the Kyoto Protocol cost-effective ways to do business while projects also provide tremendous op- or any other international or domestic emitting less. portunities to address potential cli- regulatory program. How does the legislation work? We mate change in a cost-effective and The issue of global climate change is authorize the President to enter into whole way. If we are going to meet the serious business. While the inter- greenhouse gas reduction agreements challenges before us on global change, national and domestic processes play with entities operating in the United we will do so with all of the tools that out over the next period of years, let us States. science tells us are available. move forward with sensible, cost-effec- Once executed, these agreements will Mr. President, I could not be more tive, voluntary incentives. What is the provide credits for voluntary green- pleased that we have been able to es- alternative? house gas reductions and sequestration tablish both business and environ- Mr. President, I ask unanimous con- achieved by domestic entities over the mental allies for this cause. Leading sent that the bill be printed in the voluntary period. Because we do not companies from the electric utility RECORD. Finally, I encourage my col- know when, if ever, the U.S. will im- sector, a number of petroleum and nat- leagues to take a hard look at this ini- pose emission reductions, we do not ural gas companies, important auto- tiative, to talk with their constituents, know the duration of the actual vol- makers, agriculture, the cement mak- and to consider working with us to im- untary period. The bill does, however, ers, aluminum, chemicals, forestry, prove and advance good, bipartisan, establish a 10-year sunset on the vol- and other energy intensive industries and voluntary legislation. untary crediting period. recognize what is at stake here and are There being no objection, the bill was An entity earns one-for-one credit if working with us to represent their in- ordered to be printed in the RECORD, as it reduces its aggregate emissions from terests. Many of them are also making follows. U.S. sources below the applicable base- great strides to benefit the global envi- S. 547 line for the duration of the voluntary ronment and they should be appro- Be it enacted by the Senate and House of Rep- period. On the sequestration side, the priately recognized. resentatives of the United States of America in entity could offset emissions, and po- One important area that we will need Congress assembled, tentially earn credits thereby, if it in- to spend some time on is the product SECTION 1. SHORT TITLE; TABLE OF CONTENTS. creases its net sequestration above the manufacturing sector. I recognize that (a) SHORT TITLE.—This Act may be cited as applicable sequestration baseline dur- appliance, air conditioning, and many the ‘‘Credit for Voluntary Reductions Act’’. ing the voluntary period. product manufacturers believe that (b) TABLE OF CONTENTS.—The table of con- While I expect a great deal of debate credits must be available for their vol- tents of this Act is as follows: on the establishment of baselines, and untary improvements in energy effi- Sec. 1. Short title; table of contents. likely some significant changes, we ciency and other actions which directly Sec. 2. Purpose. wanted to initiate the debate by estab- and indirectly reduce or mitigate Sec. 3. Definitions. Sec. 4. Authority for early action agree- lishing a baseline that uses recent his- greenhouse gas emissions. The legisla- ments. torical emissions data. In the bill as in- tion is perhaps not as clear as it needs Sec. 5. Entitlement to greenhouse gas reduc- troduced, we suggest an averaged base- to be on this important issue and I in- tion credit for early action. line made up by actual emission levels tend to work closely with these grow- Sec. 6. Baseline and base period. from 1996 through 1998. ing industries and other interested par- Sec. 7. Sources and carbon reservoirs cov- Mr. President, while I have an open ties to address it. ered by early action agree- mind on how we establish baselines or Our environmental allies recognize ments. other performance measurements in that there is an important opportunity Sec. 8. Measurement and verification. Sec. 9. Authority to enter into agreements this measure, I want to be clear that I here to achieve constructive, cost-ef- that achieve comparable reduc- will insist on a benchmark that is fair fective, and voluntary strategies to ad- tions. for business and that is environ- dress the threat of global climate Sec. 10. Trading and pooling. mentally sound. Clearly, we will be re- change. Many of them recognize that Sec. 11. Relationship to future domestic quired to deal with continued business our legislation is designed to offer a greenhouse gas regulatory stat- growth in this bill. That is, how to platform to diverse interests, including ute. achieve clear environmental gains those with clashing objectives, for SEC. 2. PURPOSE. under this voluntary approach while moving forward to support an initia- The purpose of this Act is to encourage still crediting the good deeds of grow- tive through which businesses can voluntary actions to mitigate potential envi- ing and changing industries. ronmental impacts of greenhouse gas emis- serve their own economic self-interest sions by authorizing the President to enter There are other key issues, impor- while bringing about environmental into binding agreements under which enti- tant details, that we will need to pin improvement. ties operating in the United States will re- down in the coming weeks. To ensure Mr. President, the legislation we are ceive credit, usable in any future domestic the economic and environmental integ- offering today includes very few revi- program that requires mitigation of green- rity of this program, it is incumbent sions from the voluntary credits bill house gas emissions, for voluntary mitiga- upon us to require that the government (S. 2617) that we introduced last Octo- tion actions taken before the end of the cred- credits are issued for verifiable and le- ber. This is not because we think we it period. gitimate actions that contribute to cli- have the perfect document—not at all. SEC. 3. DEFINITIONS. mate stabilization. If a credit rep- We need to go through the process— In this Act: resents a ton of greenhouse gases in hold hearings, continue to meet with (1) CARBON RESERVOIR.—The term ‘‘carbon reservoir’’ means quantifiable nonfossil stor- some future marketplace, or as an off- industry and the environmental com- age of carbon in a natural or managed eco- set to some future regulatory obliga- munity, have discussions with Senate system or other reservoir. tion, than it must be a ton reduced or colleagues—before we make any sig- (2) COMPLIANCE PERIOD.—The term ‘‘com- sequestered, not a phantom thereof. nificant revisions. But we will continue pliance period’’ means any period during March 4, 1999 CONGRESSIONAL RECORD — SENATE S2325

which a domestic greenhouse gas regulatory (b) DELEGATION.—The President may dele- to implement the Climate Change Action statute is in effect. gate any authority under this Act to any Plan. (3) CREDIT PERIOD.—The term ‘‘credit pe- Federal department or agency. (2) VERIFICATION.—The participant shall riod’’ means— (c) REGULATIONS.—The President may pro- provide information sufficient to verify to (A) the period of January 1, 1999, through mulgate such regulations (including guide- the satisfaction of the President (in accord- the earlier of— lines) as are appropriate to carry out this ance with section 8 and the regulations pro- (i) the day before the beginning of the com- Act. mulgated under section 4(c)) that actions re- pliance period; or SEC. 5. ENTITLEMENT TO GREENHOUSE GAS RE- ported under paragraph (1)— (ii) the end of the ninth calendar year that DUCTION CREDIT FOR EARLY AC- (A) have been accurately reported; begins after the date of enactment of this TION. (B) are not double-counted; and Act; or (a) INTERNATIONALLY CREDITABLE AC- (C) represent actual reductions in green- (B) if a different period is determined for a TIONS.—A participant shall receive green- house gas emissions or actual increases in participant under section 5(e) or 6(c)(4), the house gas reduction credit under an early ac- net carbon sequestration. tion agreement if the participant takes an period so determined. (e) EXTENSION.—The parties to an early ac- action that— (4) DOMESTIC.—The term ‘‘domestic’’ tion agreement may extend the credit period (1) reduces greenhouse gas emissions or se- means within the territorial jurisdiction of during which greenhouse gas reduction cred- questers carbon before the end of the credit the United States. it may be earned under the early action period; and (5) DOMESTIC GREENHOUSE GAS REGULATORY agreement, if Congress permits such an ex- (2) under any applicable international STATUTE.—The term ‘‘domestic greenhouse tension by law enacted after the date of en- agreement, will result in an addition to the gas regulatory statute’’ means a Federal actment of this Act. United States quantified emission limitation statute, enacted after the date of enactment (f) AWARD OF GREENHOUSE GAS REDUCTION for the compliance period. of this Act, that imposes a quantitative limi- CREDIT.— (b) UNITED STATES INITIATIVE FOR JOINT IM- tation on domestic greenhouse gas emis- (1) ANNUAL NOTIFICATION OF CUMULATIVE PLEMENTATION.— sions, or taxes such emissions. BALANCES.—After the end of each calendar (1) IN GENERAL.—Subject to paragraph (2), (6) EARLY ACTION AGREEMENT.—The term year, the President shall notify each partici- an early action agreement may provide that ‘‘early action agreement’’ means an agree- pant of the cumulative balance (if any) of a participant shall be entitled to receive ment with the United States entered into greenhouse gas reduction credit earned greenhouse gas reduction credit for a green- under section 4(a). under an early action agreement as of the house gas emission reduction or carbon se- (7) EXISTING SOURCE.—The term ‘‘existing end of the calendar year. questration that— source’’ means a source that emitted green- (2) AWARD OF FINAL CREDIT.—Effective at (A) is not creditable under subsection (a); house gases during the participant’s base pe- the end of the credit period, a participant and riod determined under section 6. shall have a contractual entitlement, to the (B) is for a project— (8) GREENHOUSE GAS.—The term ‘‘green- extent provided in the participant’s early ac- (i) accepted before December 31, 2000, under house gas’’ means— tion agreement, to receive 1 ton of green- the United States Initiative for Joint Imple- (A) carbon dioxide; and house gas reduction credit for each 1 ton mentation; and (B) to the extent provided by an early ac- that is creditable under subsections (a) (ii) financing for which was provided or tion agreement— through (d). construction of which was commenced before (i) methane; that date. SEC. 6. BASELINE AND BASE PERIOD. (ii) nitrous oxide; (2) LIMITATION ON PERIOD DURING WHICH (a) SOURCE BASELINE.—A participant’s an- (iii) hydrofluorocarbons; CREDIT MAY BE EARNED.—No greenhouse gas nual source baseline for each of the calendar (iv) perfluorocarbons; and reduction credit may be earned under this years in the credit period shall be equal to (v) sulfur hexafluoride. subsection after the earlier of— the participant’s average annual greenhouse (9) GREENHOUSE GAS REDUCTION CREDIT.— (A) the earliest date on which credit may gas emissions from domestic sources covered The term ‘‘greenhouse gas reduction credit’’ be earned for a greenhouse gas emission re- by the participant’s early action agreement means an authorization under a domestic duction, carbon sequestration, or comparable during the participant’s base period, ad- greenhouse gas regulatory statute to emit 1 project under an applicable international justed for the calendar year as provided in metric ton of greenhouse gas (expressed in agreement; or subsections (a)(2), (c)(1), and (c)(2) of section terms of carbon dioxide equivalent) that is (B) the end of the credit period. 7. provided because of greenhouse gas emission (c) PROSPECTIVE DOMESTIC ACTIONS.— (b) RESERVOIR BASELINE.—A participant’s reductions or carbon sequestration carried (1) EMISSION REDUCTIONS.—A participant annual reservoir baseline for each of the cal- out before the compliance period. shall receive greenhouse gas reduction credit endar years in the credit period shall be (10) NEW SOURCE.—The term ‘‘new source’’ under an early action agreement if, during equal to the average level of carbon stocks in means— the credit period— carbon reservoirs covered by the partici- (A) a source other than an existing source; (A) the participant’s aggregate greenhouse pant’s early action agreement for the par- and gas emissions from domestic sources that are ticipant’s base period, adjusted for the cal- (B) a facility that would be a source but for covered by the early action agreement; are endar year as provided in section 7(c)(1). the facility’s use of renewable energy. less than (c) BASE PERIOD.— (11) OWN.—The term ‘‘own’’ means to have (B) the sum of the participant’s annual (1) IN GENERAL.—Except as provided in direct or indirect ownership of an undivided source baselines during that period (as deter- paragraphs (2) and (3), a participant’s base interest in an asset. mined under section 6 and adjusted under period shall be 1996 through 1998. (12) PARTICIPANT.—The term ‘‘participant’’ subsections (a)(2), (c)(1), and (c)(2) of section (2) DATA UNAVAILABLE OR UNREPRESENTA- means a person that enters into an early ac- 7). TIVE.—The regulations promulgated under tion agreement with the United States under (2) SEQUESTRATION.—For the purpose of re- section 4(c) may specify a base period other this Act. ceiving greenhouse gas reduction credit than 1996 through 1998 that will be applicable (13) PERSON.—The term ‘‘person’’ includes under paragraph (1), the amount by which if adequate data are not available to deter- a governmental entity. aggregate net carbon sequestration for the mine a 1996 through 1998 baseline or if such (14) SOURCE.—The term ‘‘source’’ means a credit period in a participant’s domestic car- data are unrepresentative. source of greenhouse gas emissions. bon reservoirs covered by an early action (3) ELECTIONS.—The regulations promul- SEC. 4. AUTHORITY FOR EARLY ACTION AGREE- agreement exceeds the sum of the partici- gated under section 4(c) may permit a partic- MENTS. pant’s annual reservoir baselines for the ipant to elect a base period earlier than 1996 (a) AUTHORITY.— credit period (as determined under section 6 (not to include any year earlier than 1990) to (1) IN GENERAL.—The President may enter and adjusted under section 7(c)(1)(B)) shall reflect voluntary reductions made before into a legally binding early action agree- be treated as a greenhouse gas emission re- January 1, 1996. ment with any person under which the duction. (4) ADJUSTMENT OF PERIOD DURING WHICH United States agrees to provide greenhouse (d) DOMESTIC SECTION 1605 ACTIONS.— CREDIT MAY BE EARNED.—Notwithstanding gas reduction credit usable beginning in the (1) CREDIT.—An early action agreement subsections (c) and (d) of section 5, except as compliance period, if the person takes an ac- may provide that a participant shall be enti- otherwise provided by the regulations pro- tion described in section 5 that reduces tled to receive 1 ton of greenhouse gas reduc- mulgated under section 4(c), if an election is greenhouse gas emissions or sequesters car- tion credit for each ton of greenhouse gas made for a base period earlier than 1996— bon before the end of the credit period. emission reductions or carbon sequestration (A) greenhouse gas reduction credit shall (2) REQUIREMENTS.—An early action agree- for the 1991 through 1998 period from domes- be available under section 5(c) for the cal- ment entered into under paragraph (1) shall tic actions that are— endar year that begins after the end of the meet either— (A) reported before January 1, 1999, under base period and any calendar year thereafter (A) the requirements for early action section 1605 of the Energy Policy Act of 1992 through the end of the credit period; and agreements under sections 5 through 8; or (42 U.S.C. 13385); or (B) greenhouse gas reduction credit shall (B) in the case of a participant described in (B) carried out and reported before Janu- be available under section 5(d) only through section 9, the requirements of that section. ary 1, 1999, under a Federal agency program the end of the base period. S2326 CONGRESSIONAL RECORD — SENATE March 4, 1999 SEC. 7. SOURCES AND CARBON RESERVOIRS COV- transfer for each year for which greenhouse SEC. 11. RELATIONSHIP TO FUTURE DOMESTIC ERED BY EARLY ACTION AGREE- gas reduction credit is claimed. GREENHOUSE GAS REGULATORY MENTS. (2) DISPLACEMENT OF EMISSIONS.—An early STATUTE. (a) SOURCES.— action agreement shall contain effective and (a) IN GENERAL.—An early action agree- (1) IN GENERAL.— workable provisions that ensure that only ment shall not bind the United States to (A) COVERED SOURCES.—Except as other- net emission reductions will be credited adopt (or not to adopt) any particular form wise provided in this subsection, a partici- under section 5 in circumstances in which of domestic greenhouse gas regulatory stat- pant’s early action agreement shall cover all emissions are displaced from sources covered ute, except that an early action agreement domestic greenhouse gas sources that the by an early action agreement to sources not shall provide that— participant owns as of the date on which the covered by an early action agreement. (1) greenhouse gas reduction credit earned early action agreement is entered into. (3) PERIOD OF COVERAGE.—Emissions from by a participant under an early action agree- (B) EXCLUSIONS.—The regulations promul- sources and net carbon sequestration in car- ment shall be provided to the participant in gated under section 4(c) (or the terms of an bon reservoirs shall be covered by an early addition to any otherwise available author- early action agreement) may exclude from action agreement for the credit period, ex- izations of the participant to emit green- coverage under an early action agreement— cept as provided under paragraph (1) or by house gases during the compliance period (i) small or diverse sources owned by the the regulations promulgated under section under a domestic greenhouse gas regulatory participant; and 4(c). statute; and (ii) sources owned by more than 1 person. (4) PARTIAL YEARS.—An early action agree- (2) if the allocation of authorizations under (2) NEW SOURCES.— ment shall contain appropriate provisions a domestic greenhouse gas regulatory stat- (A) IN GENERAL.—The regulations promul- for any partial year of coverage of a source ute to emit greenhouse gases during the gated under section 4(c) may provide that an or carbon reservoir. compliance period is based on the level of a early action agreement may provide for an SEC. 8. MEASUREMENT AND VERIFICATION. participant’s emissions during a historic pe- annual addition to a participant’s source (a) IN GENERAL.—In accordance with the riod that is later than the participant’s base baseline to account for new sources owned by regulations promulgated under section 4(c), period under the participant’s early action the participant. an early action agreement shall— agreement, any greenhouse gas reduction (B) AMOUNT OF ADDITION.—The amount of (1) provide that, for each calendar year credit to which the participant was entitled an addition under subparagraph (A) shall re- during which the early action agreement is under the early action agreement for domes- flect the emission performance of the most in effect, the participant shall report to the tic greenhouse gas reductions during that efficient commercially available technology United States, as applicable— historic period shall, for the purpose of that for sources that produce the same or similar (A) the participant’s annual source base- allocation, be added back to the partici- output as the new source (determined as of line and greenhouse gas emissions for the pant’s greenhouse gas emissions level for the the date on which the early action agree- calendar year; and historic period. ment is entered into). (B) the participant’s annual reservoir base- (b) LIMITATION.—Nothing in this Act au- (b) OPT-IN PROVISIONS.— line and net carbon sequestration for the cal- thorizes aggregate greenhouse gas emissions (1) OPT-IN FOR OTHER OWNED SOURCES.—Do- endar year; from domestic sources in an amount that ex- mestic sources owned by a participant that (2) establish procedures under which the ceeds any greenhouse gas emission limita- are not required to be covered under sub- participant will measure, track, and report tion applicable to the United States under an section (a) may be covered under an early ac- the information required by paragraph (1); international agreement that has been rati- tion agreement at the election of the partici- (3) establish requirements for maintenance fied by the United States and has entered pant. of records by the participant and provisions into force. (2) OPT-IN FOR CARBON RESERVOIRS.— for inspection of the records by representa- Mr. MACK. Mr. President, I rise (A) IN GENERAL.—An early action agree- tives of the United States; and today to join with my distinguished ment may provide that domestic carbon res- (4) permit qualified independent third colleagues, Senators CHAFEE, ervoirs owned by a participant may be cov- party entities to measure, track, and report LIEBERMAN, and others, in introducing the information required by paragraph (1) on ered under the early action agreement at the the Credit for Voluntary Early Action election of the participant. behalf of the participant. (B) COVERAGE.—Except in the case of small (b) AVAILABILITY OF REPORTS TO THE PUB- Act. This measure is an important first or diverse carbon reservoirs owned by the LIC.—Reports required to be made under sub- step towards reducing the regulatory participant (as provided in the regulations section (a)(1) shall be available to the public. uncertainty surrounding any possible promulgated under section 4(c)), if a partici- (c) CONFIDENTIALITY.—The regulations pro- regulation of greenhouse gas emissions. pant elects to have domestic carbon res- mulgated under section 4(c) shall make ap- propriate provision for protection of con- This bill will provided us a valuable ervoirs covered under the early action agree- platform for a thorough discussion of ment, all of the participant’s domestic car- fidential commercial and financial informa- tion. this important issue and I encourage bon reservoirs shall be covered under the all my colleagues to join us in our ef- early action agreement. SEC. 9. AUTHORITY TO ENTER INTO AGREE- MENTS THAT ACHIEVE COM- (3) OPT-IN FOR SOURCES AND CARBON RES- forts. PARABLE REDUCTIONS. In my state of Florida, we learned ERVOIRS NOT OWNED BY PARTICIPANT.—Any In the case of a participant that manufac- source or carbon reservoir not owned by the tures or constructs for sale to end-users long ago that a healthy environment is participant, or any project that decreases equipment or facilities that emit greenhouse fundamentally necessary for a healthy greenhouse gas emissions from or sequesters gases, the President may enter into an early economy. This is evidenced by our con- carbon in such a source or carbon reservoir, action agreement that does not meet the re- gressional delegation’s historic biparti- may be covered by an early action quirements of sections 5 through 7, if the san consensus on such important na- agreement— President determines that— tional issues as the protection of the (A) in the case of a source or carbon res- (1) an early action agreement that meets ervoir that is covered by another early ac- Florida Everglades and our efforts to the requirements of those sections is infeasi- stop oil and gas exploration off our tion agreement, if each owner of the source ble; or carbon reservoir agrees to exclude the (2) an alternative form of agreement would beaches. The citizens of my state know source or reservoir from coverage by the better carry out this Act; and full well how necessary it is we keep owner’s early action agreement; and (3) an agreement under this section would our environment clean and pristine. (B) in accordance with the regulations pro- achieve tonnage reductions of greenhouse I’m proud to stand with my col- mulgated under section 4(c). gas emissions that are comparable to reduc- leagues here today and take Florida’s (c) ACCOUNTING RULES.— tions that would be achieved under an agree- common sense, market-based attitude (1) TRANSFERS.—If ownership of a source or ment that meets the requirements of those on the environment to the national carbon reservoir covered by an early action sections. agreement is transferred to or from the level. The legislation we’re sponsoring SEC. 10. TRADING AND POOLING. today would encourage and reward vol- participant— (a) TRADING.—A participant may— (A) in the case of a source, the source’s (1) purchase earned greenhouse gas reduc- untary actions businesses take to re- emissions shall be adjusted to reflect the tion credit from and sell the credit to any duce the emission of potentially harm- transfer for the base period and each year for other participant; and ful greenhouse gases like carbon diox- which greenhouse gas reduction credit is (2) sell the credit to any person that is not ide. claimed; and a participant. Under our bill, the President would (B) in the case of a carbon reservoir— (b) POOLING.—The regulations promulgated be authorized to provide regulatory (i) the carbon reservoir’s carbon stocks under section 4(c) may permit pooling ar- shall be adjusted to reflect the transfer for rangements under which a group of partici- credit to companies who take early the participant’s base period; and pants agrees to act as a single participant voluntary action to reduce greenhouse (ii) the carbon reservoir’s net carbon se- for the purpose of entering into an early ac- gas emissions. This credit could be questration shall be adjusted to reflect the tion agreement. used to comply with future regulatory March 4, 1999 CONGRESSIONAL RECORD — SENATE S2327 requirements and—in a market-based I believe we have an innovative ap- greenhouse gases continue to trap heat approach—traded or sold to other com- proach to confronting as issue fraught in the atmosphere for a century or panies as they work to meet their own with uncertainties. We should be look- more. Early reductions can begin to environmental obligations. ing to solve more of our problems by slow the rate of buildup of greenhouse Participants in this innovative pro- using our free market philosophy rath- gases in the atmosphere, helping to gram would agree to annually measure, er than by costly Washington man- minimize the environmental risks of track and publicly report greenhouse dates that my not work. The Credit for continued global warming. It just gas emissions. Credit given would be Voluntary Early Reductions Act is re- makes sense to encourage practical ac- one-for-one, based on actual reductions sponsible effort to validate on the na- tion now. below an agreed-upon baseline. Credits tional level what we’ve always known The bill will help us deal with the se- issued under the program would be sub- in Florida: a healthy environment is rious threat posed by global climate tracted from total emissions allowed key to a healthy economy. change. Emissions of greenhouse gases under future regulatory emissions re- Mr. LIEBERMAN. Mr. President, I that result from human activity, par- quirements. am delighted to join today with my ticularly the combustion of fossil fuels, I believe this approach makes sense colleagues Senator CHAFEE, the chair- are causing greenhouse gases to accu- for many reasons. For one, there are man of the Environment and Public mulate in the atmosphere above natu- many uncertainties surrounding the Works Committee, and Senators MACK, ral levels. More than 2,500 of the issue of greenhouse gas emissions and WARNER, MOYNIHAN, REID, WYDEN, JEF- world’s best scientific and technical ex- their relation to global warming. The FORDS, BIDEN, BAUCUS, and COLLINS in perts have concluded that this increase complexities and uncertainties associ- introducing this important legislation. threatens to change the balance of ated with understanding the inter- The point of this bi-partisan legislation temperature and precipitation that we actions of our climate, our atmosphere is simple. It will provide credit, under rely on for a host of economic and soci- and the impact of human behavior are any future greenhouse gas reduction etal activities. The American Geo- enormous. I have my own concerns systems we choose to adopt, to compa- physical Union, a professional society about the science behind this issue, and nies who act now to reduce their emis- comprised 35,000 geoscientists, recently stated that ‘‘present understanding of have tremendous concerns about the sions. This is a voluntary, market- the Earth climate system provides a regulatory approach outlined in last based approach that is a win-win situa- compelling basis for legitimate public year’s Kyoto agreement. It is not my tion for both American businesses and concern over future global- and re- intent—in cosponsoring this bill—to the environment. gional-scale changes resulting from in- validate Kyoto or the underlying Many companies want to move for- creased concentrations of greenhouse science. Those issues are best left to ward now to reduce their greenhouse gas emissions. They don’t want to wait gases.’’ the scientists and future congresses. We recently learned from scientists until legislation requires them to Today, we are simply trying to clear that 1998 was the hottest year on make these reductions. For some com- the way for voluntary emissions-reduc- record and that nine of the hottest ten panies reducing greenhouse gases tions projects that would otherwise be years occurred in the past decade. Sci- makes good economic sense because delayed for years. And we accomplish entists believe that a rise in global this in a way that is not costly to the adopting cost-effective solutions can temperature may in turn result in sea taxpayers. actually save them money by improv- level rise and changes in weather pat- It makes sense to provide appropriate ing the efficiency of their operations. terns, food and fiber production, encouragement to businesses who want Companies recognize that if they re- human health, and ecosystems. Beyond to invest in improved efficiency—those duce their greenhouse gas emissions the science that we know, our common who want to find ways to make cars, now they will be able to add years to sense tells us that the risks associated factories and power production cleaner. any potential compliance schedule, al- with climate change are serious. Under our bill, these companies are en- lowing them to spread their invest- Weather-related disasters already cost couraged—not based on government ment costs over a longer span of time. our economy billions of dollars every fiat or handout—to get credit for their Under this legislation, businesses will year. own initiative and problem solving have the flexibility to innovate and de- The climate agreement reached in skills. velop expertise regarding the most Kyoto, Japan in 1997 was an historic Another reason I believe this legisla- cost-effective ways in which their par- agreement that provided the founda- tion would be beneficial is because to- ticular company can become part of tion for an international solution to day’s businesses have no control over the solution to the problem of green- climate change. The protocol included the regulations that could be required house gas emissions. important provisions, fought for by of them down the road. Although to- This bill ensures that companies will American negotiators, aimed at estab- day’s Congress has no desire to legis- be credited in future reduction propos- lishing real targets and timetables for late requirements on greenhouse gases als for actions taken now, thereby re- achieving emissions reductions and such as carbon dioxide, it is extremely moving impediments preventing some providing flexibility and market mech- difficult to predict where the scientific voluntary efforts that would provide anisms for reducing compliance costs and economic data will carry future large environmental benefits. Focusing as we work to limit our emissions of policymakers. In my view, it makes American ingenuity on early reduc- greenhouse gases. In Buenos Aires last sense to encourage businesses to be tions will also help stimulate the year, the international community proactive in protecting themselves search for and use of new, innovative began developing the details of the pro- from any future restrictions enacted by strategies and technologies that are tocol. I had the privilege of participat- a more regulatory-minded Congress needed to enable companies both in ing as a Senate observer at both the and administration. this country and worldwide meet their Kyoto and Buenos Aires climate Mr. President, all of us agree that a reduction requirements in a cost-effec- change conventions. I was particularly healthy environment is important to tive manner. Development of such encouraged that developing countries, our future. It’s time to put partisan- strategies and technologies will im- including Argentina and Kazakstan, in- ship aside and solve our environmental prove American competitiveness in the dicated their willingness in Buenos problem in a way that will allow busi- more than $300 billion global environ- Aires to limit the growth of their ness to be in control of their own fu- mental marketplace. greenhouse gas emissions. Nations of ture while doing their part to address Early action by U.S. companies will the world are all coming to recognize global warming. By allowing compa- begin creating very important environ- that climate change is an issue of nies to earn credit for actions they mental benefits now. By providing the grave international concern and that take now, businesses can be prepared certainty necessary to encourage com- all members of the global community for any regulations in the future. panies to move forward with emission must participate in solving the prob- I look forward to beginning an ear- reductions, this legislation will lead to lem. nest debate about this issue with my immediate reductions in greenhouse Unfortunately, the current atmos- colleagues in the United States Senate. gas pollution. Once emitted, many phere in Congress is such that some S2328 CONGRESSIONAL RECORD — SENATE March 4, 1999 would block any steps related to cli- this bill again demonstrates that these tion this bill provides and I intend to mate change until the Kyoto protocol are not mutually exclusive choices, but work closely with Senator CHAFEE and is ratified by the Senate. President highly compatible goals. others to deliver it. Clinton has said he will not submit the Mr. WARNER. Mr. President, I am Mr. MOYNIHAN. Mr. President, I rise Kyoto protocol for ratification until pleased to join in cosponsoring legisla- to join my colleagues today in intro- developing countries demonstrate tion introduced today by Senator ducing the Credit for Voluntary Reduc- meaningful participation. I am encour- CHAFEE and my other colleagues to es- tions Act of 1999. I am pleased to be an aged by the progress made in Buenos tablish a voluntary incentive-based original cosponsor of this legislation. Aires and am proud that the United program to reduce the emissions of The bill represents a far sighted ef- States, by signing the protocol, is com- greenhouse gases. fort to encourage early reductions of mitted to a leadership role in the glob- This is an innovative concept that is greenhouse gases. Under our program, al effort to protect our Earth’s irre- in its formative stages. I am pleased to companies in a wide range of industries placeable natural environment. But to join in support of the concept of pro- may participate in a voluntary, mar- defer debate and action on any pro- viding binding credits for industries ket-based system of credit by making posal that might reduce greenhouse who can verify reductions in green- measurable reductions in greenhouse gases until after Senate consideration house gas emissions. While there are gases. of the protocol is to deny the United significant issues that must be resolved We have learned from our experience States the ability to act in its own eco- in the final version of this legislation, with implementing the 1990 Clean Air nomic and environmental self-interest. I believe this voluntary approach has Act Amendments that the use of mar- The issue at stake is how to develop an significant potential to encourage real ket-based incentives is the most cost- insurance policy to protect us against reductions in greenhouse gas emis- efficient, effective way to encourage the danger of climate change. Regard- sions. I look forward, as a member of corporate responsibility with respect less of our individual views on the the Committee on Environment and to air emissions. Credit based systems Kyoto protocol, we in Congress must Public Works, to actively participating have proven to effect emissions reduc- focus our debate on the issue of climate in the further development of this leg- tions which are larger than antici- change and work to forge agreement on islation. pated, at significantly lesser cost. The how we can move forward. Unfortu- Mr President, I also want to make program laid out in our bill will re- nately, we have done too little to at- clear that my support for this legisla- move market disincentives to taking tack the escalating emissions of green- tion does not indicate a change in my action on greenhouse gas emissions and house gases which threaten our health, position on the Protocol on Global Cli- reward the initiative and innovation in our safety and our homes. mate Change—the Kyoto Protocol. I the corporate sector. I’m particularly pleased that the leg- continue to strongly feel that the pro- My good friend Senator CHAFEE has islation grows out of principles devel- tocol is fatally flawed, and in its cur- highlighted today what is perhaps the most important issue facing any cli- oped in a dialogue between the Envi- rent form, should not be ratified by the mate change legislation. While there is ronmental Defense Fund and a number Senate. My objections to this inter- growing scientific certainty that of major industries. I am encouraged national agreement have been stated human actions may eventually cause that since the introduction of a similar many times before. The agreement harmful disturbances to our climate version of this bill last year, we have does not include appropriate involve- system, no one is sure what may be received many constructive comments ment by key developing nations and it done in the future to mitigate the ef- from those in the business and environ- sets unachievable timetables for emis- fects of any atmospheric disruptions. mental communities. Many good sug- sions reductions by developed nations. The legislative and diplomatic propos- gestions are on the table now and we I am concerned that the end result als are myriad. Uncertainty over how expect that many are yet to come; we would be unrealistic emission reduc- climate change will be addressed, if at welcome broad participation as we tion requirements imposed on the all, is a formidable hurdle to corporate move forward on this legislation. I am United States without appropriate re- actions which may begin to mitigate committed to working through some of ductions assigned to other countries, the problem. By simply establishing a the important issues that have been and that in the end the United States system of credits which may be used at raised. Indeed, I believe that it will be economy would be severely impacted. a later time to document emissions re- The legislation I am supporting through the ongoing constructive par- ductions, our bill begins to address this ticipation of the widest spectrum of today does not endorse the Kyoto pro- issue of uncertainty and provide incen- stakeholders that we will enact a law tocol or call for a regulatory program tives for positive action on emissions that catalyzes American action on cli- to reduce greenhouse gas emissions. reductions. mate change and delivers on the prom- This legislation simply ensures that if I am proud to be an original cospon- ise of crediting voluntary early ac- the private sector takes important sor of this innovative legislation, and I tions. steps today to achieve reductions in encourage my colleagues to support I hope that my colleagues and their their emissions, then these actions will our efforts. constituents will take an honest and be credited to them if there is a manda- Mr. JEFFORDS. Mr. President, cli- hard look at this initiative and con- tory reduction program in the future. mate change poses potential real sider working with us to improve and Now, Mr. President, how we devise a threats to Vermont, the Nation, and advance good legislation that begins to legislative package that provides these the World. While we cannot yet predict address the profound threat of global credits and verifies if emissions are re- the exact timing, magnitude, or nature climate change. This legislation alone duced will require significant discus- of these threats, we must not let our will not protect us from the con- sions through the Committee’s hearing uncertainty lead to inaction. sequences of climate change, but it is a process. For my part, I am enthusiastic Preventing climate change is a constructive and necessary step in the about a successful resolution of these daunting challenge. It will not be right direction. I believe that it is cru- many issues. I look forward to particu- solved by a single bill or a single ac- cial that we begin to address the im- larly working to ensure that appro- tion. As we do not know the extent of portant issue of climate change now priate credit is provided for substantial the threat, we also do not know the ex- because we have a moral obligation to carbon storage. Any legislative effort tent of the solution. But we cannot let leave our children and grandchildren a must recognize the important role of our lack of knowledge lead to lack of vibrant, healthy, and productive planet carbon sequestration in determining action. We must start today. Our first and thriving global economy. emission reduction strategies. steps will be hesitant and imperfect, Mr. President, the debate about cli- This bill is about protecting United but they will be a beginning. mate change is too often vested—and I States companies that have or are in- Today I am joining Senator CHAFEE, believe wrongly so—in false choices be- terested in taking voluntary steps to Senator MACK, Senator LIEBERMAN and tween scientific findings, common lower their output of carbon dioxide a host of others in cosponsoring the sense, business investments and envi- and other greenhouse gases. These Credit for Early Action Act in the ronmental awareness. The approach of companies have requested the protec- United States Senate. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2329 Credit for Early Action gives incen- legislation sends the right message: able change in global temperatures, tives to American businesses to volun- companies will be rewarded for doing but also in a public demand to do some- tarily reduce their emissions of green- the right thing—increasing energy effi- thing about it. That in turn will house gases. Properly constructed, ciency and renewable energy use. change the cost of doing business as Credit for Early Action will increase Mr. BIDEN. Mr. President, I am usual for the industries that are major energy efficiency, promote renewable happy to join my colleagues in intro- sources of those gases. energy, provide cleaner air, and help ducing this important legislation. In But right now, if responsible firms— reduce the threat of possible global cli- particular, I want to thank Senator like DuPont and General Motors, if I matic disruptions. It will help industry CHAFEE for his foresight and leadership can mention just two that operate in plan for the future and save money on on this most difficult issue. The Delaware—want to do something to re- energy. It rewards companies for doing science, politics, and economics of cli- duce greenhouse gas emissions, they the right thing—conserving energy and mate change all present major issues, not only get no credit in any future promoting renewable energy. Without and only someone as dedicated and te- trading system—they actually lose out Credit for Early Action, industries nacious as Senator CHAFEE could pro- to firms that decide to delay reduc- which do the right thing run the risk of vide the leadership to get us to this tions until such a system is in place. being penalized for having done so. We point today. My good friend, JOE Those who procrastinate, under cur- introduce this bill as a signal to indus- LIEBERMAN, who has been another lead- rent law, not only avoid the cost today try: you will not be penalized for in- er in the Senate on this tough issue, of cleaning up their emissions, but creasing energy efficiency and invest- and CONNIE MACK, deserve our thanks they would be in a position to receive ing in renewable energy, you will be re- for bringing us together around this credits for the kinds of cheaper, easier warded. first step in the long path toward man- steps that more responsible companies In writing this bill, Senators CHAFEE, aging the problem of climate change. have already taken. This is certainly MACK, and LIEBERMAN have done an ex- The science of climate change is suf- not the way to encourage actions now cellent job with a difficult subject. I ficiently advanced that we know we that help air quality in the short term. am cosponsoring the Credit for Early face a threat to our health and econ- And every action we take now, by re- Action legislation as an endorsement omy; but we are only beginning to ducing the long-term concentrations of for taking a first step in the right di- come to grips with how we can manage greenhouse gases that would otherwise rection. I will be working with my col- that threat most effectively, and—this occur, lowers the overall economic im- leagues throughout this Congress to is the key—most efficiently. Climate pact of complying with any future cli- strengthen this legislation to ensure change presents us with a classic prob- mate change policy. that it strongly addresses the chal- lem in public policy—it is a long-term One way out of this problem, Mr. lenges that lie ahead. The bill must be threat, not completely understood, to President, is the bill we are introduc- changed to guarantee that our emis- the widest possible public. And it is an ing today—to assure firms who act re- sions will decrease to acceptable levels, issue whose resolution will require tak- sponsibly today that their investments and guarantee that credits will be ing steps now with real costs to private in a better future for all of us will be given out equitably. These modifica- individuals and businesses, costs that eligible for credit. At the same time, tions can be summarized in a single have a payoff that may only be fully we will thereby raise the cost of delay. sentence: credits awarded must be pro- apparent a generation or more in the As with so much in the issue of cli- portional to benefits gained. This goal future. mate change, this bill is a work in can be achieved through two additions: Mr. President, we have learned a lot progress. Different kinds of firms, with a rate-based performance standard and in the years that we have been making different products, processes, and his- a cap on total emissions credits. federal environmental policy here in tories, face significantly different prob- The rate-based performance standard the United States. We have much more lems in complying with the demands of is the most important item. A rate- to learn, but we have made real ad- an early credit system. We must be based standard gives credits to those vances since the early days, when we sure that we provide the flexibility to companies which are the most efficient did not always find the solutions that encourage the widest variety of reduc- in their class—not those that are the got us the most environmental quality tions. And while we want to encourage biggest and dirtiest to begin with. for the buck. The bill we are introduc- the greatest reductions as soon as pos- Companies are rewarded for producing ing today reflects one important les- sible, we must be sure that we have the the most product for the least amount son: businesses can be a creative and best information—and credible ver- of emissions. Small and growing com- responsible part of the solution to envi- ification—on the effects of various panies would have the same opportuni- ronmental problems. In fact, it is fair kinds of early action. Without accurate ties to earn credits as large companies. to say that we would not be here today verification and reporting, we cheapen This system would create a just and eq- if it were not for the leadership of the value of actions taken by the most uitable means of awarding emissions groups like the International Climate responsible firms. credits to companies which voluntarily Change Partnership and the Pew Cen- This bill marks a real change in our increase their energy efficiency and re- ter on Global Climate Change, both of approach to climate change: we have newable energy use. which have provided a forum for re- moved beyond the days of heated, ir- The second item is an adjustable an- sponsible businesses to reach consensus reconcilable arguments between those nual cap on total emissions credits. An on this issue. Significantly, it was a who see climate change as a real threat adjustable annual cap allows Congress leading environmental group, the Envi- and those who don’t. Now, cooler heads to weigh the number of credits given ronmental Defense Fund, that has pro- can discuss the best way to face the fu- out against the actual reduction in vided indispensible technical expertise ture that we are building for our chil- total emissions. Since the ultimate to turn good intentions into the bill we dren. goal is to reduce U.S. emissions, this have here today. Mr. BAUCUS. Mr. President, I am provision would allow a means to en- Drawing on our experience with pleased to be an original cosponsor of sure that we do not give all of our cred- tradable sulphur dioxide credits, this this important legislation. its away without ensuring that our bill looks to the day when we have This bill is a good beginning for a dis- emissions levels are actually decreas- reached the kind of agreement—wheth- cussion in the Senate on how we can ing. er based on our evolving commitments begin to develop constructive solutions With these two additions, Credit for under the United Nations Framework to the problem of global climate Early Action will bring great rewards Convention on Climate Change or some change. to our country, our economy, and our other authority—that establishes an Climate change is real. Over the last environment. It will save money, give emissions credit trading regime for 130 years, since the beginning of the In- industry the certainty to plan for the greenhouse gases. The best science— dustrial Revolution, global average future, and promote energy efficiency and political reality—tells us that cur- surface temperatures have increased by and renewable energy, all while reduc- rent rates of greenhouse gas emissions one degree. Scientists project that this ing our risk from climate change. This are likely to result not only in measur- trend will continue and most of them S2330 CONGRESSIONAL RECORD — SENATE March 4, 1999 believe the trend is due to increases in Besides rewarding those who are will- credits for the voluntary actions they carbon dioxide and other greenhouse ing to take early actions and move be- take for reducing the amount of green- gas emissions from human activity. yond normal business practices to ad- house gases they emit into the air. The temperature increase may not dress climate change, let’s start to These credits could then be used in sound like much, but the consequences think outside the box about what else meeting future reductions, or could be of even such a small global change we can do. The U.S. has the most ad- sold to other companies to help with could be enormous. This warming trend vanced environmental technology sec- their own reductions. Strong incen- could have many effects, including tor in the world. From new uses for ag- tives would also be provided for those even more unpredictable weather pat- ricultural waste and products to state- companies developing innovative tech- terns, and major shifts in agricultural of-the-art pollution controls, we are nologies that will help reduce the soils and productivity and wildlife leaders in improving efficiency and re- buildup of atmospheric greenhouse habitat. To me, that drives home the ducing waste. We need to jump start gases. need to deal with the problem. our public and private research and de- The Chafee bill clearly puts us at the As I have mentioned to some of my velopment structure so that it really starting line in the 106th Congress for colleagues, there is a vivid example of focuses on new cost-effective products addressing the continuous domestic the warming in my home state of Mon- and systems that produce less green- buildup of greenhouse gases. I do feel tana. The Grinnell Glacier in Glacier house gas to meet a global demand. the bill needs to take a further step in National Park has retreated over 3,100 The Administration’s Climate the race to make our planet more envi- feet over the past century. If this con- Change Technology Initiative is a rea- ronmentally and economically friend- tinues, Park Service scientists predict sonable first step. But, so far, Congress ly, however. We need to establish do- this 10,000 year old glacier will be en- has approached this issue with a busi- mestic credits for carbon sequestration tirely gone within 30 years. This gla- ness as usual attitude. It’s time to get that will help reduce the amount of cier is a symbol and treasure to Mon- serious and creative about developing carbon in the atmosphere, and thereby tanans and its disappearance would be more advanced technologies. We should help to address the complex issue of a hard thing to explain to our children be reviewing all the tools at our dis- climate change. I plan to continue to and their children. posal, from research and development work with Senator CHAFEE to take that This and other potential con- programs to taxes. next step. sequences of climate change are seri- We need to make this investment in Maine is one of the country’s most ous enough to warrant some action to our environmental future for the same heavily forested states, with much of reduce the threat it poses. The bill we reasons that we make investments in its land devoted to forests, and so has are introducing today will hopefully be our economic future. People prepare much to offer towards the reduction of an incentive for people to take steps for retirement because they want to re- carbon in our atmosphere. The State’s toward reducing the threat. This bill, duce risks and reduce the cost of re- forestlands have been a large key to the Credit for Voluntary Early Action sponding to future problems. For simi- our quality of life and economic pros- Act, would allow those who voluntarily lar reasons, we need to make prudent perity. These forests absorb and store choose to reduce emissions of green- investments like providing credit for carbon from the atmosphere, allowing house gases or to ‘‘sequester’’ them early action, to reduce risks and reduce the significant sequestration of carbon, (meaning to keep them out of the at- the cost of responding to future cli- serving as carbon ‘‘sinks’’. mosphere and in the soil or locked up mate change problems. The more time Because of continuous improvements in trees or plants) to get credit for we let go by, and the longer we let made in forest management practices those efforts. At some point in the near greenhouse gas concentrations rise un- and through extensive tree replanting future, these credits are expected to checked, the more expensive the fu- programs, forests all over the country have monetary value and could be sold ture’s repair bills could be. continue to sequester significant in a domestic or global trading system. There is still a long way to go with amounts of carbon. Through active for- As my cosponsors acknowledge, this any climate change treaty. There must est management and reforestation, is not a perfect bill, but a complicated be real participation by the developing through both natural and artificial re- work in progress. As the Senate consid- countries, like China, India, Brazil, etc. generation, the private forests, both in- ers this matter, I am particularly in- Carbon trading rules and the role of ag- dustrial and non-industrial, are helping terested in seeing how agriculture and riculture in sequestering carbon must to decrease carbon dioxide emissions forestry might benefit by participating be more clearly defined. In the mean- that are occurring both from natural in a credit system. These credits could time, however, the bill we’re introduc- processes and human activities into be a financial reward for the good stew- ing will allow us to see what works and the atmosphere. ardship already taking place on Ameri- to get a leg up on the rest of the world. The addition of credits for green- ca’s farmland. Agriculture needs every Mr. President, this bill starts an im- house gas reductions for forestry-relat- opportunity to pursue markets, even if portant dialogue about our country’s ed carbon sequestration activities we’re talking about unconventional contribution to world greenhouse gas should be a part of the voluntary cred- products like carbon credits, to help concentrations. Make no mistake, its system the bill proposes so as to with the bottom line. there is still a lot of work ahead for all allow the owners of the forests of We already know that crop residue of us to make this bill a reality. But today—and tomorrow—to voluntarily management and conservation tillage this country cannot afford to play the participate and receive credits for car- vastly improve carbon storage in soils part of the ostrich with its head in the bon sequestration. This should not be and have side benefits, such as reduc- sand. We must seriously engage this difficult to do since the U.S. Forest ing erosion. Soils have an immense po- matter. We owe it to our children. Service already follows a carbon stock tential for locking up carbon so that it Ms. SNOWE. Mr. President, I rise methodology that is used by the Envi- enters the atmosphere more gradually. today to applaud the efforts of my col- ronmental Protection Agency to docu- Returning highly erodible cropland to league Senator CHAFEE for the Credit ment the nation’s carbon dioxide emis- perennial grasses could prove to be for Voluntary Early Action Act he has sions and inventories for carbon stor- similarly effective. Many of these prac- introduced that will encourage the re- age. tices are already an important part of duction of greenhouse gases into the I realize that the Intergovernmental precision agriculture, so would be obvi- atmosphere. The concept of this bill is Panel on Climate Change (IPCC) has ous low-cost ways for farmers and a creative step toward awarding those been tasked to prepare a special report ranchers to earn credits. It is impor- industries who take early actions to re- that is expected out next year that tant that the rules of any trading sys- duce their overall emissions of green- may help define appropriate definitions tem be written right, so they can work house gases, particularly carbon diox- and accounting rules for carbon sinks. for agriculture. We can’t let our inter- ide, which are thought to be causing In the meantime, I do not believe it national competitors, like Canada or changes in climate around the globe. will be helpful to leave the issue of car- Australia, be the only ones writing the The bill would set up a domestic pro- bon sequestration unacknowledged in rules in this developing market. gram that gives companies certain any domestic program—and to cause March 4, 1999 CONGRESSIONAL RECORD — SENATE S2331 losers along with winners in the proc- heritage of U.S. military history and the Ohio Historical Society, the city of ess. We are all in a race against an un- Native American culture during the pe- Maumee, the Maumee Valley Heritage Cor- certainty that no one can afford to riod of 1794 through 1813. It would au- ridor, the Fallen Timbers Battlefield Preser- lose. thorize the Secretary of the Interior to vation Commission, Heidelberg College, the city of Toledo, and the Metropark District of As I mentioned, I believe that the provide assistance in the preparation the Toledo Area) to implement the steward- goals of the Chafee bill are admirable and implementation of the Plan to the ship plan. and will allow for a dialogue to begin, State, its political subdivisions, or SEC. 3. DEFINITIONS. hopefully on the science as opposed to specified nonprofit organization. In this Act: the politics, for what can be done do- Mr. President, the people of North- (1) HISTORICAL SITE.—The term ‘‘historical mestically within the global climate west Ohio are committed to preserving site’’ means the Fallen Timbers Battlefield change debate. I hope to be included as the heritage of their community, the and Monument and Fort Miamis National a part of that dialogue and urge that State of Ohio, and the United States. Historical Site established by section 4. those who speak to carbon sequestra- Therefore, the Fallen Timbers Battle- (2) MANAGEMENT ENTITY.—The term ‘‘man- tion credits be heard through the pub- field and Fort Miamis sites deserve na- agement entity’’ means the Ohio Historical Society, the city of Maumee, the Maumee lic hearings process or by amending the tional historical recognition for the Valley Heritage Corridor, the Fallen Tim- bill in a way that will not only encour- history that they represent. For these bers Battlefield Preservation Commission, age sustainable forest management, reasons, I am proposing this important Heidelberg College, the city of Toledo, the but also stimulate incentives for main- piece of legislation today. Metropark District of the Toledo Area, and taining healthy forests. The discussion I ask unanimous consent that the any other entity designated by the Governor on the importance of carbon sequestra- text of this legislation be printed in of Ohio. tion within our terrestrial eco- the RECORD. (3) SECRETARY.—The term ‘‘Secretary’’ systems—long a large component of There being no objection, the text of means the Secretary of the Interior. the bill was ordered to be printed in (4) STEWARDSHIP PLAN.—The term ‘‘stew- the climate change debate—must con- ardship plan’’ means the management plan tinue. the RECORD, as follows: developed by the management entity. S. 548 (5) TECHNICAL ASSISTANCE.—The term By Mr. DEWINE: Be it enacted by the Senate and House of ‘‘technical assistance’’ means any guidance, S. 548. A bill to establish the Fallen Representatives of the United States of America advice, or other aid, other than financial as- Timbers Battlefield and Fort Miamis in Congress assembled, sistance, provided by the Secretary. National Historical Site in the State of SECTION 1. SHORT TITLE. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND Ohio; to the Committee on Energy and This Act may be cited as the ‘‘Fallen Tim- FORT MIAMIS NATIONAL HISTORI- Natural Resources. bers Battlefield and Fort Miamis National CAL SITE. Historical Site Act’’. (a) ESTABLISHMENT.—There is established FALLEN TIMBERS ACT SEC. 2. FINDINGS AND PURPOSES. in the State of Ohio the Fallen Timbers Bat- Mr. DEWINE. Mr. President, today I (a) FINDINGS.—Congress finds that— tlefield and Fort Miamis National Historical am introducing legislation that would (1) the 185-acre Fallen Timbers Battlefield Site. designate the Fallen Timbers Battle- is the site of the 1794 battle between General (b) BOUNDARIES.— field and Fort Miamis as National His- Anthony Wayne and a confederation of Na- (1) IN GENERAL.—The historical site shall toric Sites. tive American tribes led by Little Turtle and be composed of— Mr. President, the Battle of Fallen Blue Jacket; (A) the Fallen Timbers 185-acre battlefield Timbers is an early and important (2) Fort Miamis was occupied by General site described in paragraph (3); chapter in the settlement of what was Wayne’s legion from 1796 to 1798; (B) the 9-acre battlefield monument; and (C) the Fort Miamis site. then known as the Northwest Terri- (3) in the spring of 1813, British troops, led by General Henry Proctor, landed at Fort (2) MAP.—The Secretary shall prepare a tory. This important battle occurred Miamis and attacked the fort twice, without map of the historical site, which shall be on between the U.S. army, led by General success; file and available for public inspection in the ‘‘Mad’’ Anthony Wayne, and a confed- (4) Fort Miamis and the Fallen Timbers office of the Director of the National Park eration of Native American tribes led Battlefield are in Lucas County, Ohio, in the Service. by Tecumseh, in 1794. More than 1,000 city of Maumee; (3) FALLEN TIMBERS SITE.—For purposes of Indians ambushed General Wayne’s (5) the 9-acre Fallen Timbers Battlefield paragraph (1), the Fallen Timbers site gen- troops as they progressed along the Monument is listed as a national historic erally comprises a 185-acre parcel northeast of U.S. 24, west of U.S. 23/I–475, south of the Maumee River. Despite an unorganized landmark; (6) Fort Miamis is listed in the National Norfolk and Western Railroad line, and east defense, U.S. troops forced the tribes to Register of Historic Places as a historic site; of Jerome Road. retreat. The Treaty of Greenville was (7) in 1959, the Fallen Timbers Battlefield (4) CONSENT OF LOCAL PROPERTY OWNERS.— signed in 1795, and it granted the city was included in the National Survey of His- No privately owned property or property of Detroit to the United States as well toric Sites and Buildings as 1 of 22 sites rep- owned by a municipality shall be included as secured the safe passage along the resenting the ‘‘Advance of the Frontier, 1763– within the boundaries of the historical site Ohio River for frontier settlers. 1830’’; and unless the owner of the property consents to The Battle of Fallen Timbers began (8) in 1960, the Fallen Timbers Battlefield the inclusion. Ohio’s rich history in the formation of was designated as a national historic land- SEC. 5. WITHDRAWAL OF DESIGNATION. our country. And the citizens of North- mark. (a) IN GENERAL.—The historical site shall (b) PURPOSES.—The purposes of this Act remain a national historical site unless— west Ohio are committed to preserving are— (1) the Secretary determines that— that heritage. The National Register of (1) to recognize and preserve the 185-acre (A) the use, condition, or development of Historic Places already lists Fort Mi- Fallen Timbers Battlefield site; the historical site is incompatible with the amis. In 1959, the Battle of Fallen Tim- (2) to formalize the linkage of the Fallen purposes of this Act; or bers was included in the National Sur- Timbers Battlefield and Monument to Fort (B) the management entity of the histori- vey of Historic Sites and Buildings and Miamis; cal site has not made reasonable and appro- was designated as a National Historic (3) to preserve and interpret United States priate progress in preparing or implementing military history and Native American cul- Landmark in 1960. In 1998, the National the stewardship plan for the historical site; ture during the period from 1794 through and Park Service completed a Special Re- 1813; (2) after making a determination under source Study examining the proposed (4) to provide assistance to the State of paragraph (1), the Secretary submits to Con- designation and suitability of the site Ohio, political subdivisions of the State, and gress notification that the historical site and determined that the Battle of Fall- nonprofit organizations in the State to im- designation should be withdrawn. en Timbers Battlefield site meets the plement the stewardship plan and develop (b) PUBLIC HEARING.—Before the Secretary criteria for affiliated area status. So it programs that will preserve and interpret makes a determination under subsection remains only for Congress to officially the historical, cultural, natural, rec- (a)(1), the Secretary shall hold a public hear- reational, and scenic resources of the histori- recognize the national significance of ing in the historical site. cal site; and (c) TIME OF WITHDRAWAL OF DESIGNATION.— these sites. (5) to authorize the Secretary to provide (1) DEFINITION OF LEGISLATIVE DAY.—In this My legislation would recognize and technical assistance to the State of Ohio, po- subsection, the term ‘‘legislative day’’ means preserve the 185-acre Fallen Timbers litical subdivisions of the State, and non- any calendar day on which both Houses of Battlefield site. It would uphold the profit organizations in the State (including Congress are in session. S2332 CONGRESSIONAL RECORD — SENATE March 4, 1999 (2) TIME PERIOD.—The withdrawal of the (2) a condition for the receipt, in connec- as enrollments rise. The ‘‘Baby Boom historical site designation shall become final tion with the historical site, of any other Echo’’ report by the U.S. Department 90 legislative days after the Secretary sub- form of assistance from the Secretary or the of Education in September 1998, found mits to Congress notification under sub- agency, respectively. that between 1988 and 2008, public high section (a)(2). school enrollment will jump by 26 per- SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL By Mrs. FEINSTEIN: AGENCIES. S. 551. A bill to amend the Internal cent and elementary enrollment will (a) DUTIES AND AUTHORITIES OF THE SEC- Revenue Code of 1986 to encourage go up by 17 percent. In 17 states, there RETARY.— school construction and rehabilitation will be a 15 percent increase in the (1) TECHNICAL ASSISTANCE.— through the creation of a new class of number of public high school grad- (A) IN GENERAL.—The Secretary may pro- uates. This school year, school enroll- vide technical assistance to prepare and im- bond, and for other purposes; to the Committee on Finance. ment is at a record level, 52.7 million plement the stewardship plan to— students. THE EXPAND AND REBUILD AMERICA’S SCHOOLS (i) the State of Ohio; My state faces severe challenges: ACT OF 1999 (ii) a political subdivision of the State; 1. High Enrollment: California today (iii) a nonprofit organization in the State; Mrs. FEINSTEIN. Mr. President, has a K–12 public school enrollment at or today I am introducing a bill to pro- 5.6 million students which represents (iv) any other person on a request by the vide a tax credit for the bond holders of more students than 36 states have in management entity. public school construction bonds, to- total population, all ages. We have a (B) PROHIBITION OF CERTAIN REQUIRE- taling $1.4 billion each year for two MENTS.—The Secretary may not, as a condi- lot of students. tion of the award of technical assistance years. To qualify to use the bonds, the Between 1998 and 2008, when the na- under this section, require any recipient of bill requires schools to be subject to tional enrollment will grow by 4 per- the technical assistance to establish or mod- state academic achievement standards cent, in California, it will escalate by ify land use restrictions. and have an average elementary stu- 15 percent, the largest increase in the (C) DETERMINATIONS REGARDING ASSIST- dent-teacher ratio of 28 to one. nation. California’s high school enroll- ANCE.— Bonds could be used if school dis- (i) DECISION BY SECRETARY.—The Secretary ment is projected to increase by 35.3 tricts meet one of three criteria: percent by 2007. Each year between shall decide if technical assistance should be (1) The school is over 30 years old or 160,000 and 190,000 new students enter awarded and the amount, if any, of the as- the bonds will be used to install ad- sistance. California classrooms. Approximately vanced or improved, telecommuni- (ii) STANDARD.—A decision under clause (i) 920,000 students are expected to be ad- shall be based on the degree to which the his- cations equipment; mitted to schools in the state during (2) Student growth rate will be at torical site effectively fulfills the objectives that period, boosting total enrollment least 10 percent over the next 5 years; contained in the stewardship plan and from 5.6 million to 6.8 million. achieves the purposes of this Act. or California needs to build 7 new class- (2) DEVELOPMENT OF STEWARDSHIP PLAN.— (3) The construction or rehabilitation rooms a day at 25 students per class be- The Secretary may assist in development of is needed to meet natural disaster re- the stewardship plan. tween now and 2001 just to keep up quirements. with the growth in student population. (3) PROVISION OF INFORMATION.—In coopera- The bill is the companion of H. R. By 2007, California will need 22,000 new tion with the heads of other Federal agen- 415, introduced by my California col- cies, the Secretary shall provide the public classrooms. California needs to add league, Representative LORETTA with information regarding the location and about 327 schools over the next three character of the historical site. SANCHEZ. years just to keep pace with the pro- The bonding authority can leverage (b) DUTIES OF OTHER FEDERAL AGENCIES.— jected growth. The head of any Federal agency conducting additional funds and it offers a new fi- 2. Crowding: Our students are an activity directly affecting the historical nancing tool for our schools that can site shall— crammed into every available space complement existing funding sources and in temporary buildings. Today, 20 (1) consider the potential effect of the ac- in an effort to address the need to re- tivity on the stewardship plan; and percent of our students are in portable (2) consult with the management entity of pair and upgrade existing schools. It of- classrooms. There are 63,000 relocatable the historical site with respect to the activ- fers assistance especially for small and classrooms in use in 1998. ity to minimize the adverse effects of the ac- low-income school districts because 3. Old Schools: Sixty percent of our tivity on the historical site. low-income communities with the schools are over 40 years old. 87 percent SEC. 7. NO EFFECT ON LAND USE REGULATION most serious needs may have to pay of the public schools need to upgrade AND PRIVATE PROPERTY. the highest interest rates to issue and repair buildings, according to the (a) NO EFFECT ON AUTHORITY OF GOVERN- bonds, if they can be issued at all. Be- MENTS.—Nothing in this Act modifies, en- General Accounting Office. Ron Ottin- larges, or diminishes the authority of any cause the bonds provide a tax credit to ger, president of the San Diego Board Federal, State, or local government to regu- the bond holder, the bond is supported of Education has said: ‘‘Roofs are leak- late the use of land by law (including regula- by the federal treasury, not the local ing, pipes are bursting and many class- tions). school district. rooms cannot accommodate today’s (b) NO ZONING OR LAND USE POWERS.— The nation’s schools are crumbling. computer technology.’’ Nothing in this Act grants any power of zon- We have many old schools. One third of 4. High Costs: The cost of building a ing or land use control to the management the nation’s 110,000 schools were built high school in California is almost entity of the historical site. (c) NO EFFECT ON LOCAL AUTHORITY OR PRI- before World War II and only about one twice the national cost. The U.S. aver- VATE PROPERTY.—Nothing in this Act affects of 10 schools was built since 1980. More age is $15 million; in California, it is or authorizes the management entity to than one-third of the nation’s existing $27 million. In California, our costs are interfere with— schools are currently over 50 or more higher than other states in part be- (1) the rights of any person with respect to years old and need to be repaired or re- cause our schools must be built to private property; or placed. The General Accounting Office withstand earthquakes, floods, El Nino (2) any local zoning ordinance or land use has said that nationally we need over and a myriad of other natural disas- plan of the State of Ohio or a political sub- $112 billion for construction and repairs division of the State. ters. California’s state earthquake SEC. 8. FISHING, TRAPPING, AND HUNTING. at 80,000 schools. building standards add 3 to 4 percent to (a) NO DIMINISHMENT OF STATE AUTHOR- My state needs $26 billion from 1998 construction costs. Here’s what it costs ITY.—The establishment of the historical site to 2008 to modernize and repair existing to build schools in California: an ele- shall not diminish the authority of the State schools and $8 billion to build schools mentary school (K–6), $5.2 million; a to manage fish and wildlife, including the to meet enrollment growth. In Novem- middle school (7–8), $12.0 million; a regulation of fishing, hunting, and trapping ber 1998, California voters approved high school (9–12), $27.0 million. in the historical site. state bonds providing $6.5 billion for 5. Class Size Reduction: Our state, (b) NO CONDITIONING OF APPROVAL AND AS- school construction. commendably, is reducing class sizes in SISTANCE.—The Secretary and the head of any other Federal agency may not make a In addition to deteriorating schools, grades K through 3, but this means we limitation on fishing, hunting, or trapping— some schools are bursting at the seams need more classrooms. (1) a condition of the determination of eli- because of the huge numbers of stu- Here are some examples in California gibility for assistance under this Act; or dents and we can expect more pressure of our construction needs: March 4, 1999 CONGRESSIONAL RECORD — SENATE S2333 Los Angeles Unified School District system inoperable because of a col- ADDITIONAL COSPONSORS got 16,000 additional students this year lapsed underground cable. and expects an 11 percent enrollment In San Diego, 49 schools need roof re- S. 14 growth by 2006. Because of overcrowd- pairs or replacement. Ninety-one ele- At the request of Mr. COVERDELL, the ing, they are bussing 13,000 students mentary schools need new fire alarms names of the Senator from Nebraska away from their home neighborhoods. and security systems. Mead Elemen- (Mr. HAGEL) and the Senator from Min- For example, Cahuenga Elementary tary School, which is 45 years old, has nesota (Mr. GRAMS) were added as co- School has 1,500 students on 40 buses, clogged and rusted plumbing beyond sponsors of S. 14, a bill to amend the with some children traveling on the repair, with water pressure so weak Internal Revenue Code of 1986 to ex- bus two hours every day. Not only is that it amounts to a drip at times. pand the use of education individual re- this essentially wasted time for stu- Ethel Phillips Elementary School, tirement accounts, and for other pur- dents and an expense of school dis- age 48, in the Sacramento City Unified poses. tricts, it means that it is very difficult School District, has dry rot in the S. 25 for parents to get to their children’s classrooms because of water damaged At the request of Ms. LANDRIEU, the schools for school events and teacher and needs foundation repairs and new names of the Senator from Kentucky conferences. painting, to preserve the building. (Mr. BUNNING) and the Senator from Half of LA Unified’s students attend Loleta Union School District, which Arkansas (Mrs. LINCOLN) were added as school on a multi-track, year-round is in an area of seismic activity, needs cosponsors of S. 25, a bill to provide schedule because of overcrowding. This an overhaul of the wiring to support Coastal Impact Assistance to State and means their schools cannot offer reme- modern technology. local governments, to amend the Outer dial summer school programs for stu- San Pasqual Union School District’s Continental Shelf Lands Act Amend- dents that need extra help. only water well is contaminated and ments of 1978, the Land and Water Con- Olive View School in Corning Ele- the 30-year-old roof needs replacement. mentary School District, with over 70 At the San Miguel Elementary servation Fund Act of 1965, the Urban percent of students in portable class- School in San Francisco, the windows Park and Recreation Recovery Act, rooms, needs to replace these aging and are rotting and the roof is leaking so and the Federal Aid in Wildlife Res- inadequate facilities. badly that they must set out buckets toration Act (commonly referred to as Fresno Unified School District has a every time it rains. the Pittman-Robertson Act) to estab- backlog of older schools needing re- And on and on. lish a fund to meet the outdoor con- pairs. For example, Del Mar Elemen- School overcrowding places a heavy servation and recreation needs of the tary School has a defective roof. Chuck burden on teachers and students. Stud- American people, and for other pur- McAlexander, Administrator, wrote ies show that the test scores of stu- poses. me: ‘‘The leakage at Del Mar is so bad dents in schools in poor condition can S. 86 that the plaster ceiling of the corridor fall as much as 11 percentage points be- At the request of Mr. BUNNING, the was falling and has been temporarily hind scores of students in good build- name of the Senator from Tennessee shored with plywood.’’ ings. Other studies show improvements (Mr. THOMPSON) was added as a cospon- San Bernardino City Unified School of up to 20 percent in test scores when sor of S. 86, a bill to amend the Social District, which is growing at a rate of students move to a new facility. Security Act to establish a Ticket to over 1,000 students per year, has 25 The point is that improving facilities Work and Self-Sufficiency Program in schools over 30 years old, buildings improves teaching and learning. I hope the Social Security Administration to needing improved classroom lighting, that this bill will offer some help and provide beneficiaries with disabilities carpeting, electrical systems, and most importantly provide new learning meaningful opportunities to work, to plumbing. Several schools need air con- opportunities for our students. Mr. extend Medicare coverage for such dition so they can operate year-round President, I ask unanimous consent beneficiaries, and to make additional to accommodate burgeoning enroll- that a summary of this be printed in miscellaneous amendments relating to ment. the RECORD. Social Security. Berkeley High School was built in There being no objection, the sum- 1901 and damaged by the 1989 Loma mary was ordered to be printed in the S. 92 Prieta earthquake. They are still try- RECORD, as follows. At the request of Mr. DOMENICI, the ing to raise funds to replace the build- name of the Senator from Wisconsin ing. SUMMARY OF FEINSTEIN-SANCHEZ SCHOOL CONSTRUCTION BILL (Mr. FEINGOLD) was added as a cospon- Polytechnic High School in Long sor of S. 92, a bill to provide for bien- TAX CREDITS Beach is over 100 years old and houses nial budget process and a biennial ap- 4,200 students. The last repairs were Provides $1.4 billion in tax credits in FY 2000 and $1.4 billion in tax credits in FY 2001 propriations process and to enhance done in 1933. Long Beach officials oversight and the performance of the wrote: to any bondholder for public elementary and secondary school construction and rehabili- Federal Government. ‘‘The heating system is in desperate need tation bonds. Similar to the Qualified Zone S. 98 of replacement with continual breakdowns Academy Bonds created by the Taxpayer Re- and the constant need for maintenance. The lief Act of 1997, bondholders would receive a At the request of Mr. MCCAIN, the roofs have exceeded their average life expect- tax credit, rather than interest. name of the Senator from Ohio (Mr. ancy by 20 years. Flooring and equipment ELIGIBLE SCHOOLS VOINOVICH) was added as a cosponsor of have been damaged several times during the S. 98, a bill to authorize appropriations rainy season. There have been instances To qualify to use the bonds, students in the where classrooms had to be evacuated due to schools must be subject to state academic for the Surface Transportation Board health and safety issues. The electrical sys- achievement standards and tests; for fiscal years 1999, 2000, 2001, and 2002, tems that were designed for 2,000 students schools must have a program to alleviate and for other purposes. can no longer support the needs of over 4,000 overcrowding; the school district must have S. 135 students, especially after taking into ac- an average elementary student-teacher ratio count the need for increased technology. The of 28 to one at the time of issuance of the At the request of Mr. DURBIN, the antiquated plumbing system is in desperate bonds; and meet one of the following three name of the Senator from Maryland need of repair. . . . The entire support infra- criteria: (Ms. MIKULSKI) was added as a cospon- structure, water, sewer and drainage facili- 1. The school to be repaired is over 30 years sor of S. 135, a bill to amend the Inter- ties are in dire need of replacement as the old or the bonds are used to provide ad- vanced or improved telecommunications fa- nal Revenue Code of 1986 to increase age of these systems have well exceeded the deduction for the health insurance their lifespan.’’ cilities. costs of self-employed individuals, and The elementary school in the 2. The student growth rate in the school district will be at least 10 percent over the for other purposes. Borrego Unified School District has a next 5 years. S. 223 deteriorating water well, with silt and 3. School construction or rehabilitation is inadequate pressure. The middle-high needed to meet natural disaster require- At the request of Mr. LAUTENBERG, school has an intercom and fire alarm ments. the name of the Senator from Hawaii S2334 CONGRESSIONAL RECORD — SENATE March 4, 1999

(Mr. AKAKA) was added as a cosponsor bama (Mr. SHELBY) and the Senator setts (Mr. KENNEDY), the Senator from of S. 223, a bill to help communities from North Carolina (Mr. HELMS) were Massachusetts (Mr. KERRY), the Sen- moderize public school facilities, and added as cosponsors of S. 395, a bill to ator from Maine (Ms. COLLINS) and the for other purposes. ensure that the volume of steel imports Senator from Illinois (Mr. DURBIN) S. 242 does not exceed the average monthly were added as cosponsors of Senate At the request of Mr. JOHNSON, the volume of such imports during the 36- Resolution 19, a resolution to express name of the Senator from Wisconsin month period preceeding July 1997. the sense of the Senate that the Fed- (Mr. FEINGOLD) was added as a cospon- S. 398 eral investment in biomedical research sor of S. 242, a bill to amend the Fed- At the request of Mr. CAMPBELL, the should be increased by $2,000,000,000 in eral Meat Inspection Act to require the names of the Senator from Mississippi fiscal year 2000. labeling of imported meat and meat (Mr. COCHRAN) and the Senator from SENATE RESOLUTION 47 food products. Alaska (Mr. MURKOWSKI) were added as At the request of Mr. MURKOWSKI, the S. 280 cosponsors of S. 398, a bill to require names of the Senator from Mississippi At the request of Mr. FITZGERALD, his the Secretary of the Treasury to mint (Mr. COCHRAN) and the Senator from name was added as a cosponsor of S. coins in commemoration of Native Maine (Ms. SNOWE) were added as co- 280, a bill to provide for education American history and culture. sponsors of Senate Resolution 47, a res- flexibility partnerships. S. 445 olution designating the week of March S. 296 At the request of Mr. JEFFORDS, the 21 through March 27, 1999, as ‘‘National At the request of Mr. FRIST, the Inhalants and Poisons Awareness names of the Senator from Michigan name of the Senator from Nevada (Mr. REID) was added as a cosponsor of S. Week.’’ (Mr. LEVIN) and the Senator from Con- 445, a bill to amend title XVIII of the SENATE RESOLUTION 53 necticut (Mr. DODD) were added as co- Social Security Act to require the Sec- At the request of Mr. HUTCHINSON, sponsors of S. 296, a bill to provide for the name of the Senator from Illinois continuation of the Federal research retary of Veterans Affairs and the Sec- retary of Health and Human Services (Mr. FITZGERALD) was added as a co- investment in a fiscally sustainable sponsor of Senate Resolution 53, a reso- way, and for other purposes. to carry out a demonstration project to provide the Department of Veterans lution to designate March 24, 1999, as S. 331 Affairs with medicare reimbursement ‘‘National School Violence Victims’ At the request of Mr. JEFFORDS, the Memorial Day.’’ names of the Senator from Wisconsin for medicare healthcare services pro- vided to certain medicare-eligible vet- f (Mr. KOHL), the Senator from New Jer- sey (Mr. LAUTENBERG), the Senator erans. SENATE CONCURRENT RESOLU- from Indiana (Mr. BAYH) and the Sen- S. 459 TION 14—CONGRATULATING THE ator from Tennessee (Mr. FRIST) were At the request of Mr. BREAUX, the STATE OF QATAR AND ITS CITI- added as cosponsors of S. 331, a bill to name of the Senator from Alabama ZENS FOR THEIR COMMITMENT amend the Social Security Act to ex- (Mr. SHELBY) was added as a cosponsor TO DEMOCRATIC IDEALS AND pand the availability of health care of S. 459, a bill to amend the Internal WOMEN’S SUFFRAGE coverage for working individuals with Revenue Code of 1986 to increase the Mr. BROWNBACK (for himself, Mr. disabilities, to establish a Ticket to State ceiling on private activity bonds. WELLSTONE, Mr. SMITH of Oregon, Mr. Work and Self-Sufficiency Program in S. 512 THOMAS, Mr. TORRICELLI, and Mr. the Social Security Administration to At the request of Mr. GORTON, the GRAMS) submitted the following con- provide such individuals with meaning- names of the Senator from California current resolution; which was referred ful opportunities to work, and for other (Mrs. BOXER) and the Senator from to the Committee on Foreign Rela- purposes. Maryland (Ms. MIKULSKI) were added as tions: S. 335 cosponsors of S. 512, a bill to amend the S. CON. RES. 14 At the request of Ms. COLLINS, the Public Health Service Act to provide Whereas His Highness, Sheikh Hamad bin names of the Senator from Vermont for the expansion, intensification, and Khalifa al-Thani, the Emir of Qatar, issued a (Mr. JEFFORDS), the Senator from coordination of the activities of the decree creating a central municipal council, North Carolina (Mr. EDWARDS), the Department of Health and Human the first of its kind in Qatar; Senator from Delaware (Mr. BIDEN) and Services with respect to research on Whereas on March 8, 1999, the people of the Senator from Maryland (Ms. MI- autism. Qatar will participate in direct elections for KULSKI) were added as cosponsors of S. a central municipal council; S. 528 335, a bill to amend chapter 30 of title Whereas the central municipal council has At the request of Mr. SPECTER, the been structured to have members from 29 39, United States Code, to provide for names of the Senator from South Caro- election districts serving 4-year terms; the nonmailability of certain deceptive lina (Mr. HOLLINGS) and the Senator Whereas Qatari women have been granted matter relating to games of chance, ad- the right to participate in this historic first from West Virginia (Mr. BYRD) were ministrative procedures, orders, and municipal election, both as candidates and added as cosponsors of S. 528, a bill to civil penalties relating to such matter, voters; provide for a private right of action in and for other purposes. Whereas this election demonstrates the the case of injury from the importation strength and diversity of Qatar’s commit- S. 368 of certain dumped and subsidized mer- ment to democratic expression; At the request of Mr. COCHRAN, the chandise. Whereas the United States highly values name of the Senator from New York democracy and women’s rights; SENATE CONCURRENT RESOLUTION 5 (Mr. MOYNIHAN) was added as a cospon- Whereas March 8 is recognized as Inter- sor of S. 368, a bill to authorize the At the request of Mr. BROWNBACK, the national Women’s Day, and is an occasion to minting and issuance of a commemora- names of the Senator from Hawaii (Mr. assess the progress of the advancement of tive coin in honor of the founding of AKAKA) and the Senator from South women and girls throughout the world; and Biloxi, Mississippi. Carolina (Mr. HOLLINGS) were added as Whereas this historic event of democratic elections and women’s suffrage in Qatar S. 389 cosponsors of Senate Concurrent Reso- lution 5, a concurrent resolution ex- should be honored: Now, therefore, be it At the request of Mr. MCCAIN, the Resolved by the Senate (the House of Rep- name of the Senator from Washington pressing congressional opposition to resentatives concurring), That the Congress— (Mr. GORTON) was added as a cosponsor the unilateral declaration of a Pal- (1) commends His Highness, Sheikh Hamad of S. 389, a bill to amend title 10, estinian state and urging the President bin Khalifa al-Thani, the Emir of Qatar, for United States Code, to improve and to assert clearly United States opposi- his leadership and commitment to suffrage transfer the jurisdiction over the tion to such a unilateral declaration of and the principles of democracy; troops-to-teachers program, and for statehood. (2) congratulates the citizens of Qatar as they celebrate the historic election for a SENATE RESOLUTION 19 other purposes. central municipal council; and S. 395 At the request of Mr. SPECTER, the (3) reaffirms that the United States is At the request of Mr. ROCKEFELLER, names of the Senator from Ohio (Mr. strongly committed to encouraging the suf- the names of the Senator from Ala- DEWINE), the Senator from Massachu- frage of women, democratic ideals, and March 4, 1999 CONGRESSIONAL RECORD — SENATE S2335 peaceful development throughout the Middle lation that more than doubled the National Whereas the Government of Cuba routinely East. Park and National Wildlife Refuge systems, restricts worker’s rights, including the right Mr. BROWNBACK. Mr. President, I and added thousands of acres to America’s to form independent unions, and employs National Wilderness Preservation System; forced labor, including that by children; am pleased to submit a concurrent res- Whereas Morris King Udall was also instru- Whereas Cuba is bound by the Universal olution congratulating the State of mental in reorganizing the United States Declaration of Human Rights; Qatar and its citizens for their commit- Postal Service, in helping enact legislation Whereas the Government of Cuba has de- ment to democratic ideals and women’s to restore lands left in the wake of surface tained scores of citizens associated with at- suffrage on the occasion of Qatar’s his- mining, enhancing and protecting the civil tempts to discuss human rights, advocate for toric elections of a central municipal service, and fighting long and consistently to free and fair elections, freedom of the press, safeguard the rights and legacies of Native and others who petitioned the government to council on March 8, 1999. release those arbitrarily arrested; By holding these elections, Qatar be- Americans; Whereas in his lifetime, Morris King Udall Whereas the Government of Cuba has re- comes only the second Gulf Arab state became known as a model Member of Con- cently escalated efforts to extinguish expres- to have an elected house, and the first gress and was among the most effective and sions of protest or criticism by passing state to allow women the vote and the right admired legislators of his generation; measures criminalizing peaceful pro-demo- to take part in the municipal polls. Whereas this very decent and good man cratic activities and independent journalism; from Arizona also left us with one of the Whereas the recent trial of peaceful dis- These elections are a very promising sidents Vladimiro Rica, Marta Beatriz step towards the establishment of de- most precious gifts of all — a special brand of wonderful and endearing humor that was Roque, Felix Bonne, and Rene Gomez mocracy. Manzano, charged with sedition for publish- distinctly his; As a country which stands firmly Whereas Morris King Udall set a standard ing a proposal for democratic reform, is in- committed to democratic ideals, in- for all facing adversity as he struggled dicative of the increased efforts by the Gov- cluding the suffrage of women, the against the onslaught of Parkinson’s disease ernment of Cuba to detain citizens and extin- United States should applaud this bold with the same optimism and humor that guish expressions of support for the accused; Whereas these efforts underscore that the were the hallmarks of his life; and move by His Highness, Sheikh Hamad Government of Cuba has continued relent- Whereas Morris King Udall in so many Bin Khalifa al-Thani, the Emir of lessly its longstanding pattern of human ways will continue to stand as a symbol of Qatar for issuing the decree to create rights abuses and demonstrate that it con- all that is best about public service, for all tinues to systematically deny universally the central municipal council and for that is civil in political discourse, for all recognized human rights: Now, therefore, be making this major step towards democ- that is kind and gentle, and will remain an racy possible. it inspiration to others: Now, therefore, be it Resolved, That it is the sense of the Senate This resolution commends the Emir Resolved by the Senate (the House of Rep- that at the 55th Session of the United Na- of Qatar for his leadership and commit- resentatives concurring), That the Congress— tions Human Rights Commission in Geneva, ment to suffrage and the principles of (1) has learned with profound sorrow of the Switzerland, the United States should make democracy; congratulates the citizens death of the Honorable Morris King Udall on all efforts necessary to pass a resolution, in- of Qatar as they celebrate the historic December 12, 1998, and extends condolences cluding introducing such a resolution, criti- to the Udall family, and especially to his cizing Cuba for its human rights abuses in election for a central municipal coun- wife Norma; cil; and reaffirms that the United Cuba, and to secure the appointment of a (2) expresses its profound gratitude to the Special Rapporteur for Cuba. States is strongly committed to en- Honorable Morris King Udall and his family couraging the suffrage of women, for the service that he rendered to his coun- Mr. GRAHAM. Mr. President, last democratic ideals, and peaceful devel- try; and week, the Senate passed a resolution opment throughout the Middle East. (3) recognizes with appreciation and re- calling for condemnation of the human I urge my colleagues to support this spect the Honorable Morris K. Udall’s com- rights situation in China by the United initiatives. mitment to and example of bipartisanship Nations Human Rights Commission. I and collegial interaction in the legislative will send to the floor shortly a similar f process. resolution condemning the human SENATE CONCURRENT RESOLU- SEC. 2. TRANSMISSION OF ENROLLED RESOLU- rights situation in Cuba which, unfor- TION. tunately, is considerably worse than TION 15—HONORING MORRIS The Secretary of the Senate shall transmit KING UDALL, FORMER UNITED an enrolled copy of this concurrent resolu- the situation in China. STATES REPRESENTATIVE FROM tion to the family of the Honorable Morris This resolution calls on the President ARIZONA, AND EXTENDING THE King Udall. to make every effort to pass a resolu- CONDOLENCES OF THE CON- f tion at the upcoming meeting of the GRESS ON HIS DEATH United Nations Human Rights Commis- SENATE RESOLUTION 57—EX- sion criticizing Cuba for its abysmal Mr. MCCAIN (for himself, Mr. KEN- PRESSING THE SENSE OF THE record on human rights. It also calls NEDY, Mr. KYL, Mr. FEINGOLD, Mr. SENATE REGARDING THE for the reappointment of a special HAGEL, Mr. LEAHY, Mr. SMITH of Or- HUMAN RIGHTS SITUATION IN rapporteur to investigate the human egon, Mr. LAUTENBERG, Mr. CAMPBELL, CUBA rights situation in Cuba. Mr. INOUYE, Ms. SNOWE, Mr. LEVIN, Mr. Mr. GRAHAM (for himself, Mr. MACK, Last year, for the first time in many STEVENS, Mr. SARBANES, Mr. SPECTER, Mr. HELMS, Mr. TORRICELLI, Mr. years, no resolution on the human Mr. DODD, Mr. DOMENICI, Mr. DORGAN, DEWINE, Mr. ROBB, and Mr. SMITH of rights situation in Cuba was passed by Mr. DEWINE, Mr. KOHL, Mr. COCHRAN, New Hampshire) submitted the follow- the United Nations Human Rights Mr. BINGAMAN, Mr. ALLARD, Mrs. ing resolution; which was referred to Commission. Perhaps this was due to BOXER, Mr. BENNETT, Mr. KERRY, Mr. the Committee on Foreign Relations: the hopes that were raised, raised as a CRAIG, Mr. REID, Mr. WELLSTONE, Mr. S. RES. 57 result of the Pope’s visit to Cuba in MOYNIHAN, Mr. AKAKA, Mr. DASCHLE, Whereas the annual meeting of the United January of 1998. Unfortunately, there Mr. KERRY, Mr. LIEBERMAN, Mr. BAU- Nations Commission on Human Rights in Ge- has been a significant worsening of the CUS, Mr. DURBIN, Mr. ROCKEFELLER, Mr. neva, Switzerland, provides a forum for dis- human rights situation in Cuba over HARKIN, Mr. SCHUMER, Mrs. FEINSTEIN, cussing human rights and expressing inter- the last year. Mr. WYDEN, Mr. BYRD, Mr. HOLLINGS, national support for improved human rights Example: The independent group, Mrs. MURRAY, Mr. TORRICELLI, and Mr. performance; Human Rights Watch, states: GRAMS) submitted the following con- Whereas, according to the United States As 1998 drew to a close, Cuba’s stepped up current resolution; which was consid- Department of State and international persecutions and harassment of dissidents, ered and agreed to: human rights organizations, the Government along with its refusal to grant amnesty to of Cuba continues to commit widespread and hundreds of remaining political prisoners or S. CON. RES. 15 well documented human rights abuses in reform its criminal code, marked a disheart- Whereas Morris King Udall served his Na- Cuba; ening return to heavy-handed repression. tion and his State of Arizona with honor and Whereas such abuses stem from a complete Example: The Cuban Government re- distinction in his 30 years as a Member of the intolerance of dissent and the totalitarian United States House of Representatives; nature of the regime controlled by Fidel Cas- cently passed a measure known as Law Whereas Morris King Udall became an tro; 80 which criminalizes peaceful internationally recognized leader in the field Whereas such abuses violate internation- prodemocratic activities and independ- of conservation, personally sponsoring legis- ally accepted norms of conduct; ent journalism, with penalties, Mr. S2336 CONGRESSIONAL RECORD — SENATE March 4, 1999 President, of up to 20 years of impris- regime won’t permit any opposition at all. be a major international headache for the onment. What then will the international crowd have government of Fidel Castro. It should be. Example: The State Department, in to say about the society-transforming power Vladimiro Roca, Marta Beatriz Rogue, its recent report on human rights of their investments? Felix Bonne and Rene Gomez Manzano, spent dated February 26, 1999, notes that the Mr. President, last month we voted more than a year in prison before they were Government of Cuba continues to sys- unanimously to support a similar reso- charged with a crime. After 19 months of de- lution on human rights in Cuba. Unfor- tention, they stand accused of sedition, a tematically violate the fundamental stretch even by communist Cuba’s standards. civil and political rights of its citizens. tunately, as I indicated, the situation in Cuba is worse than in China. The sit- The four human rights activitists have Human rights advocates and members done nothing seditious. They did attack the of independent professional associa- uation in Cuba deserves the full effort political platform of the Fifth Cuban Com- tions, including journalists, econo- of our Government to assure that this munist Party Congress. mists, doctors and lawyers, are rou- situation is not ignored by the inter- They called the platform out of touch with tinely harassed, threatened, arrested, national community. reality and said it offered no real solutions— detained, imprisoned and defamed by Mr. President, I send to the desk a to any of Cuba’s complex problems. They the Government. All fundamental free- resolution which is cosponsored by volunteered one solution—ditching Cuba’s doms are denied to the citizens. In ad- Senators MACK, HELMS, TORRICELLI, one-party system. dition, the Cuban Government severely and DEWINE. I also ask unanimous con- For their unsolicited advice in July 1997, restricts worker rights, including the sent, to have printed in the RECORD the the four dissidents found themselves prompt- right to form independent trade editorial I referenced from the Wash- ly behind bars. They had committed the ‘‘se- ditious’’—not to mention courageous—act of unions, and employs forced labor, in- ington Post of March 2, and an edi- torial from the Ft. Lauderdale Sun- distributing their written criticism to for- cluding child labor. eign journalists. For their ‘‘crimes,’’ pros- Example, and the most recent and Sentinel of March 2. ecutors are asking for six years for Roca, continuing example of the horrible re- There being no objection, the mate- who is the son of well-known communist pression in Cuba, is the trial of four rial was ordered to be printed in the leader Blas Roca, and five years for the oth- prominent dissidents—Vladimiro Roca, RECORD, as follows: ers. Marta Beatriz Roque, Felix Bonne, and [From the Washington Post, Mar. 2, 1999] The case is one of the most important Rene Gomez Manzano. These promi- THE HAVANA FOUR human rights tests for Cuba in years. On the other hand, Cuba has become more flexible nent dissidents are now at trial on Vladimiro Roca, Martha Beatriz Roque, on religious and some economic matters. On Felix Bonne, Rene Gomez: Note those names. charges of sedition. After being de- the other hand, it has just passed repressive They are dissidents in Communist-ruled tained for over 18 months for the peace- laws for many so-called political crimes. ful voicing of their opinions, the trial Cuba who went on trial in Havana yesterday. These brave people were jailed a year and a This past weekend, Cuban security forces of these four brave individuals has also rounded up more than half a dozen polit- drawn international condemnation. half ago for holding news conferences for for- eign journalists and diplomats, urging voters ical dissidents in an apparent attempt to To demonstrate the hideous nature of to boycott Cuba’s one-party elections, warn- prevent public demonstrations during the the Castro regime, Marta Beatriz ing foreigners that their investments would trial. Last year, a small group of activists Roque has been ill, believed to be suf- contribute to Cuban suffering and criticizing clashed with pro-government forces in Ha- fering from cancer, but has been denied President Fidel Castro’s grip on power. For vana during the trial of several lesser-known medical attention during her deten- these ‘offenses’ the four face prison sen- dissidents. tion. tences of five or six years. In this latest human rights case, Pope During the trial, authorities have Castro Cuba has typically Communist no- John Paul II, King Juan Carlos of Spain and other world leaders are pressing for the dis- rounded up scores of other individuals, tions of justice. By official doctrine, there are no political prisoners, only common sidents’ release. including journalists and dissidents, criminals. President Castro rejects the des- Even if there are no protest signs outside and jailed them for the duration of the ignation of the four, in the international ap- the courthouse in Havana this week, the trial. The trial was conducted in com- peals for their freedom, as ‘prisoners of con- world is watching the outcome of this trial. plete secrecy, with photographers pre- science.’ Their trial is closed to the foreign press. Some of their colleagues were report- vented from even photographing the f streets around the courthouse in which edly arrested to keep them from demonstrat- the trial was held. ing during the trial. Mr. President, this is not the type of Fidel Castro is now making an energetic SENATE RESOLUTION 58—RELAT- effort to recruit foreign businessmen to help ING TO THE RETIREMENT OF conduct that we have come to expect in him compensate for the trade and invest- our hemisphere, where Cuba remains ment lost by the continuing American em- BARRY J. WOLK the only nondemocratic government. bargo and by withdrawal of the old Soviet Mr. LOTT (for himself and Mr. This level of repression and complete subsidies. He is scoring some successes: Brit- DASCHLE) submitted the following reso- disregard for international norms can- ish Airways, for instance, says it is opening lution; which was considered and a Havana service. Many of the countries en- not be ignored. The human rights situ- agreed to: ation in Cuba calls out for action by gaged in these contacts with Cuba do so on the United Nations Human Rights the basis that by their policy of ‘construc- S. RES. 58 tive engagement’ they are opening up the re- Commission. gime more effectively to democratic and Whereas, Barry J. Wolk will retire from I am going to ask, Mr. President, to free-market currents than is the United service to the United States Senate after have printed in the RECORD two edi- States by its harder-line policy. twenty-four years as a member of the staff of the Secretary of the Senate; torials on this subject. But let me read The trial of the four provides a good test of one from the Washington Post of this this proposition. The four are in the van- Whereas, his hard work and dedication re- week, March 2, 1999. This editorial guard of Cuba’s small nonviolent political sulted in his appointment to the position of Director of Printing and Document Services says, in part: opposition. Acquittal would indicate that in this case anyway the authorities are listen- on November 16, 1996; Many of the counties engaged in these con- ing to the international appeals for greater Whereas, as Director of Printing and Docu- tacts with Cuba do so on the basis that by political freedom. But if the four are con- ment Services, he has executed the impor- their policy of ‘‘constructive engagement’’ victed and sentenced, it will show that the tant duties and responsibilities of his office they are opening up the regime more effec- regime won’t permit any opposition at all. with efficiency and constancy; tively to democratic and free-market cur- What then will the international crowd have rents than is the United States by its harder- Whereas, Barry Wolk has demonstrated to say about the society-transforming power loyal devotion to the United States Senate line policy. of their investments? The trial of the four provides a good test of as an institution. Now, therefore, be it this proposition. The four are in the van- Resolved, That the Senate expresses its ap- [From the Fort Lauderdale Sun-Sentinel, guard of Cuba’s small nonviolent political preciation to Barry J. Wolk for his years of Mar. 2, 1999] opposition. Acquittal would indicate that in faithful service to his country and to the this case anyway the authorities are listen- WORLD IS WATCHING HAVANA TRIAL OF United States Senate. ing to the international appeals for greater CUBANS WHO CRITICIZED SYSTEM SEC. 2. That the Secretary of the Senate political freedom. But if the four are con- The trial of four prominent dissidents in shall transmit a copy of this resolution to victed and sentenced, it will show that the Cuba, which started on Monday, promises to Barry J. Wolk. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2337 AMENDMENTS SUBMITTED ‘‘(d) SCOPE.—The plan will address all Fed- ‘‘(F) access a wide variety of information eral programs with school dropout preven- about careers and postsecondary education tion or school reentry elements or objec- and training; EDUCATION FLEXIBILITY tives, programs under chapter 1 of subpart 2 ‘‘(G) use technology to enhance and moti- PARTNERSHIP ACT OF 1999 of part A of title IV of the Higher Education vate learning; and Act of 1965 (20 U.S.C. 1070a–11 et seq.), title I ‘‘(H) benefit from strong links among mid- of the Elementary and Secondary Education dle schools, secondary schools, and post- BINGAMAN (AND OTHERS) Act of 1965 (20 U.S.C. 6301 et seq.), the secondary institutions. AMENDMENT NO. 35 School-to-Work Opportunities Act of 1994 (20 ‘‘SEC. 5322. PROGRAM AUTHORIZED. U.S.C. 6101 et seq.), part B of title IV of the ‘‘(a) ALLOTMENTS TO STATES.— Mr. BINGAMAN (for himself, Mr. Job Training Partnership Act (29 U.S.C. 1691 ‘‘(1) IN GENERAL.—From the sum made REID, Mr. LEVIN, and Mr. BRYAN) pro- et seq.), subtitle C of title I of the Workforce available under section 5332(b) for a fiscal posed an amendment to amendment Investment Act of 1998 (29 U.S.C 2881 et seq.), year the Secretary shall make an allotment No. 31 proposed by Mr. JEFFORDS to the and other programs. to each State in an amount that bears the bill (S. 280) to provide for education ‘‘SEC. 5313. NATIONAL CLEARINGHOUSE. same relation to the sum as the amount the State received under title I of the Elemen- flexibility partnerships; as follows: ‘‘Not later than 6 months after the date of enactment of the National Dropout Preven- tary and Secondary Education Act of 1965 (20 At the end, add the following: tion Act of 1999, the Director shall establish U.S.C. 6301 et seq.) for the preceding fiscal ll TITLE —DROPOUT PREVENTION AND a national clearinghouse on effective school year bears to the amount received by all STATE RESPONSIBILITIES dropout prevention, intervention and reentry States under such title for the preceding fis- SEC. ll01. SHORT TITLE. programs. The clearinghouse shall be estab- cal year. This title may be cited as the ‘‘National lished through a competitive grant or con- ‘‘(2) DEFINITION OF STATE.—In this subpart, Dropout Prevention Act of 1999’’. tract awarded to an organization with a the term ‘‘State’’ means each of the several States of the United States, the District of Subtitle A—Dropout Prevention demonstrated capacity to provide technical assistance and disseminate information in Columbia, the Commonwealth of Puerto SEC. ll11. DROPOUT PREVENTION. Rico, the United States Virgin Islands, Part C of title V of the Elementary and the area of school dropout prevention, inter- vention, and reentry programs. The clearing- Guam, American Samoa, the Commonwealth Secondary Education Act of 1965 (20 U.S.C. of the Northern Mariana Islands, the Repub- 7261 et seq.) is amended to read as follows: house shall— ‘‘(1) collect and disseminate to educators, lic of the Marshall Islands, the Federated ‘‘PART C—ASSISTANCE TO ADDRESS parents, and policymakers information on States of Micronesia, and the Republic of SCHOOL DROPOUT PROBLEMS research, effective programs, best practices, Palau. ‘‘(b) GRANTS.—From amounts made avail- ‘‘Subpart 1—Coordinated National Strategy and available Federal resources with respect able to a State under subsection (a), the to school dropout prevention, intervention, ‘‘SEC. 5311. NATIONAL ACTIVITIES. State educational agency may award grants and reentry programs, including dissemina- ‘‘(a) NATIONAL PRIORITY.—It shall be a na- to public middle schools or secondary tional priority, for the 5-year period begin- tion by an electronically accessible data- schools, that have school dropout rates ning on the date of enactment of the Na- base, a worldwide Web site, and a national which are in the highest 1⁄3 of all school drop- tional Dropout Prevention Act of 1999, to journal; and out rates in the State, to enable the schools lower the school dropout rate, and increase ‘‘(2) provide technical assistance regarding to pay only the startup and implementation school completion, for middle school and sec- securing resources with respect to, and de- costs of effective, sustainable, coordinated, ondary school students in accordance with signing and implementing, effective and and whole school dropout prevention pro- Federal law. As part of this priority, all Fed- comprehensive school dropout prevention, grams that involve activities such as— eral agencies that carry out activities that intervention, and reentry programs. ‘‘(1) professional development; serve students at risk of dropping out of ‘‘SEC. 5314. NATIONAL RECOGNITION PROGRAM. ‘‘(2) obtaining curricular materials; school or that are intended to help address ‘‘(a) IN GENERAL.—The Director shall carry ‘‘(3) release time for professional staff; the school dropout problem shall make out a national recognition program that rec- ‘‘(4) planning and research; school dropout prevention a top priority in ognizes schools that have made extraor- ‘‘(5) remedial education; the agencies’ funding priorities during the 5- dinary progress in lowering school dropout ‘‘(6) reduction in pupil-to-teacher ratios; year period. rates under which a public middle school or ‘‘(7) efforts to meet State student achieve- ‘‘(b) ENHANCED DATA COLLECTION.—The secondary school from each State will be ment standards; and Secretary shall collect systematic data on recognized. The Director shall use uniform ‘‘(8) counseling for at-risk students. the participation of different racial and eth- national guidelines that are developed by the ‘‘(b) INTENT OF CONGRESS.—It is the intent nic groups (including migrant and limited Director for the recognition program and of Congress that the activities started or im- English proficient students) in all Federal shall recognize schools from nominations plemented under subsection (a) shall be con- programs. submitted by State educational agencies. tinued with funding provided under part A of ‘‘SEC. 5312. NATIONAL SCHOOL DROPOUT PRE- ‘‘(b) ELIGIBLE SCHOOLS.—The Director may title I of the Elementary and Secondary Edu- VENTION STRATEGY. recognize any public middle school or sec- cation Act of 1965 (20 U.S.C. 6311 et seq.). ‘‘(a) PLAN.—The Director shall develop, im- ondary school (including a charter school) ‘‘(c) AMOUNT.— plement, and monitor an interagency plan that has implemented comprehensive re- ‘‘(1) IN GENERAL.—Subject to subsection (d) (in this section referred to as the ‘‘plan’’) to forms regarding the lowering of school drop- and except as provided in paragraph (2), a assess the coordination, use of resources, and out rates for all students at that school. grant under this subpart shall be awarded— availability of funding under Federal law ‘‘(c) SUPPORT.—The Director may make ‘‘(A) in the first year that a school receives that can be used to address school dropout monetary awards to schools recognized a grant payment under this subpart, in an prevention, or middle school or secondary under this section, in amounts determined amount that is not less than $50,000 and not school reentry. The plan shall be completed by the Director. Amounts received under more than $100,000, based on factors such as— and transmitted to the Secretary and Con- this section shall be used for dissemination ‘‘(i) school size; gress not later than 180 days after the first activities within the school district or na- ‘‘(ii) costs of the model being implemented; Director is appointed. tionally. and ‘‘(b) COORDINATION.—The plan shall address ‘‘(iii) local cost factors such as poverty ‘‘Subpart 2—National School Dropout inter- and intra-agency program coordina- rates; Prevention Initiative tion issues at the Federal level with respect ‘‘(B) in the second such year, in an amount to school dropout prevention and middle ‘‘SEC. 5321. FINDINGS. that is not less than 75 percent of the school and secondary school reentry, assess ‘‘Congress finds that, in order to lower amount the school received under this sub- the targeting of existing Federal services to dropout rates and raise academic achieve- part in the first such year; students who are most at risk of dropping ment levels, improved and redesigned ‘‘(C) in the third year, in an amount that is out of school, and the cost-effectiveness of schools must— not less than 50 percent of the amount the various programs and approaches used to ad- ‘‘(1) challenge all children to attain their school received under this subpart in the dress school dropout prevention. highest academic potential; and first such year; and ‘‘(c) AVAILABLE RESOURCES.—The plan ‘‘(2) ensure that all students have substan- ‘‘(D) in each succeeding year in an amount shall also describe the ways in which State tial and ongoing opportunities to— that is not less than 30 percent of the and local agencies can implement effective ‘‘(A) achieve high levels of academic and amount the school received under this sub- school dropout prevention programs using technical skills; part in the first such year. funds from a variety of Federal programs, in- ‘‘(B) prepare for college and careers; ‘‘(2) INCREASES.—The Director shall in- cluding the programs under title I of the Ele- ‘‘(C) learn by doing; crease the amount awarded to a school under mentary and Secondary Education Act of ‘‘(D) work with teachers in small schools this subpart by 10 percent if the school cre- 1965 (20 U.S.C. 6301 et seq.) and the School-to- within schools; ates smaller learning communities within Work Opportunities Act of 1994 (20 U.S.C. ‘‘(E) receive ongoing support from adult the school and the creation is certified by 6101 et seq.). mentors; the State educational agency. S2338 CONGRESSIONAL RECORD — SENATE March 4, 1999

‘‘(d) DURATION.—A grant under this subpart ‘‘(iii) the local educational agency will ‘‘(2) the funds are used to provide school shall be awarded for a period of 3 years, and support the plan, including— dropout prevention and reentry activities re- may be continued for a period of 2 additional ‘‘(I) release time for teacher training; lated to schoolwide efforts; and years if the State educational agency deter- ‘‘(II) efforts to coordinate activities for ‘‘(3) the community-based organization has mines, based on the annual reports described feeder schools; and demonstrated the organization’s ability to in section 5328(a), that significant progress ‘‘(III) encouraging other schools served by provide effective services as described in sec- has been made in lowering the school drop- the local educational agency to participate tion 107(a) of the Job Training Partnership out rate for students participating in the in the plan; Act (29 U.S.C. 1517(a)), or section 122 of the program assisted under this subpart com- ‘‘(B) demonstrate that the faculty and ad- Workforce Investment Act of 1998 (29 U.S.C. pared to students at similar schools who are ministration of the school have agreed to 2842). not participating in the program. apply for assistance under this subpart, and ‘‘(f) COORDINATION.—Each school that re- ‘‘SEC. 5323. STRATEGIES AND ALLOWABLE MOD- provide evidence of the school’s willingness ceives a grant under this subpart shall co- ELS. and ability to use the funds under this sub- ordinate the activities assisted under this ‘‘(a) STRATEGIES.—Each school receiving a part, including providing an assurance of the subpart with other Federal programs, such grant under this subpart shall implement re- support of 80 percent or more of the profes- as programs assisted under chapter 1 of sub- search-based, sustainable, and widely rep- sional staff at the school; part 2 of part A of title IV of the Higher Edu- licated, strategies for school dropout preven- ‘‘(C) describe the instructional strategies cation Act of 1965 (20 U.S.C. 1070a–11 et seq.) tion and reentry that address the needs of an to be implemented, how the strategies will and the School-to-Work Opportunities Act of entire school population rather than a subset serve all students, and the effectiveness of 1994 (20 U.S.C. 6101 et seq.). of students. The strategies may include— the strategies; ‘‘SEC. 5325. DISSEMINATION ACTIVITIES. ‘‘(1) specific strategies for targeted pur- ‘‘(D) describe a budget and timeline for im- ‘‘Each school that receives a grant under poses; and plementing the strategies; this subpart shall provide information and ‘‘(2) approaches such as breaking larger ‘‘(E) contain evidence of interaction with technical assistance to other schools within schools down into smaller learning commu- an eligible entity described in section the school district, including presentations, nities and other comprehensive reform ap- 5323(d)(2); document-sharing, and joint staff develop- proaches, developing clear linkages to career ‘‘(F) contain evidence of coordination with ment. skills and employment, and addressing spe- existing resources; cific gatekeeper hurdles that often limit stu- ‘‘SEC. 5326. PROGRESS INCENTIVES. ‘‘(G) provide an assurance that funds pro- ‘‘Notwithstanding any other provision of dent retention and academic success. vided under this subpart will supplement and ‘‘(b) ALLOWABLE MODELS.—The Director law, each local educational agency that re- not supplant other Federal, State, and local shall annually establish and publish in the ceives funds under title I of the Elementary funds; Federal Register the principles, criteria, and Secondary Education Act of 1965 (20 ‘‘(H) describe how the activities to be as- models, and other parameters regarding the U.S.C. 6301 et seq.) shall use such funding to types of effective, proven program models sisted conform with an allowable model de- provide assistance to schools served by the that are allowed to be used under this sub- scribed in section 5323(b); and agency that have not made progress toward part, based on existing research. ‘‘(I) demonstrate that the school and local lowering school dropout rates after receiving ‘‘(c) CAPACITY BUILDING.— educational agency have agreed to conduct a assistance under this subpart for 2 fiscal ‘‘(1) IN GENERAL.—The Director, through a schoolwide program under 1114. years. contract with a non-Federal entity, shall ‘‘(b) STATE AGENCY REVIEW AND AWARD.— ‘‘SEC. 5327. SCHOOL DROPOUT RATE CALCULA- conduct a capacity building and design ini- The State educational agency shall review TION. tiative in order to increase the types of prov- applications and award grants to schools ‘‘For purposes of calculating a school drop- en strategies for dropout prevention on a under subsection (a) according to a review by out rate under this subpart, a school shall schoolwide level. a panel of experts on school dropout preven- use— ‘‘(2) NUMBER AND DURATION.— tion. ‘‘(1) the annual event school dropout rate ‘‘(A) NUMBER.—The Director shall award ‘‘(c) CRITERIA.—The Director shall estab- for students leaving a school in a single year not more than 5 contracts under this sub- lish clear and specific selection criteria for determined in accordance with the National section. awarding grants to schools under this sub- Center for Education Statistics’ Common ‘‘(B) DURATION.—The Director shall award part. Such criteria shall be based on school Core of Data, if available; or a contract under this section for a period of dropout rates and other relevant factors for ‘‘(2) in other cases, a standard method for not more than 5 years. State educational agencies to use in deter- calculating the school dropout rate as deter- ‘‘(d) SUPPORT FOR EXISTING REFORM NET- mining the number of grants to award and mined by the State educational agency. WORKS.— the type of schools to be awarded grants. ‘‘SEC. 5328. REPORTING AND ACCOUNTABILITY. LIGIBILITY ‘‘(1) IN GENERAL.—The Director shall pro- ‘‘(d) E .— ‘‘(a) REPORTING.—In order to receive fund- vide appropriate support to eligible entities ‘‘(1) IN GENERAL.—A school is eligible to re- ing under this subpart for a fiscal year after to enable the eligible entities to provide ceive a grant under this subpart if the school the first fiscal year a school receives funding training, materials, development, and staff is— under this subpart, the school shall provide, assistance to schools assisted under this sub- ‘‘(A) a public school— on an annual basis, to the Director a report part. ‘‘(i) that is eligible to receive assistance regarding the status of the implementation ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—The under part A of title I of the Elementary and of activities funded under this subpart, the term ‘eligible entity’ means an entity that, Secondary Education Act of 1965 (20 U.S.C. disaggregated outcome data for students at prior to the date of enactment of the Na- 6311 et seq.), including a comprehensive sec- schools assisted under this subpart such as tional Dropout Prevention Act of 1999— ondary school, a vocational or technical sec- dropout rates, and certification of progress ‘‘(A) provided training, technical assist- ondary school, and a charter school; and from the eligible entity whose strategies the ance, and materials to 100 or more elemen- ‘‘(ii)(I) that serves students 50 percent or school is implementing. tary schools or secondary schools; and more of whom are low-income individuals; or ‘‘(b) ACCOUNTABILITY.—On the basis of the ‘‘(B) developed and published a specific ‘‘(II) with respect to which the feeder reports submitted under subsection (a), the educational program or design for use by the schools that provide the majority of the in- Director shall evaluate the effect of the ac- schools. coming students to the school serve students tivities assisted under this subpart on school ‘‘SEC. 5324. SELECTION OF SCHOOLS. 50 percent or more of whom are low-income dropout prevention compared to a control ‘‘(a) SCHOOL APPLICATION.— individuals; or group. ‘‘(1) IN GENERAL.—Each school desiring a ‘‘(B) is participating in a schoolwide pro- ‘‘SEC. 5329. PROHIBITION ON TRACKING. grant under this subpart shall submit an ap- gram under section 1114 during the grant pe- ‘‘(a) IN GENERAL.—A school shall be ineli- plication to the State educational agency at riod. gible to receive funding under this subpart such time, in such manner, and accompanied ‘‘(2) OTHER SCHOOLS.—A private or paro- for a fiscal year, if the school— by such information as the State educational chial school, an alternative school, or a ‘‘(1) has in place a general education track; agency may require. school within a school, is not eligible to re- ‘‘(2) provides courses with significantly dif- ‘‘(2) CONTENTS.—Each application submit- ceive a grant under this subpart, but an al- ferent material and requirements to students ted under paragraph (1) shall— ternative school or school within a school at the same grade level; or ‘‘(A) contain a certification from the local may be served under this subpart as part of ‘‘(3) fails to encourage all students to take educational agency serving the school that— a whole school reform effort within an entire a core curriculum of courses. ‘‘(i) the school has the highest number or school building. ‘‘(b) REGULATIONS.—The Secretary shall rates of school dropouts in the age group ‘‘(e) COMMUNITY-BASED ORGANIZATIONS.—A promulgate regulations implementing sub- served by the local educational agency; school that receives a grant under this sub- section (a). ‘‘(ii) the local educational agency is com- part may use the grant funds to secure nec- mitted to providing ongoing operational sup- essary services from a community-based or- ‘‘Subpart 3—Definitions; Authorization of port, for the school’s comprehensive reform ganization, including private sector entities, Appropriations plan to address the problem of school drop- if— ‘‘SEC. 5331. DEFINITIONS. outs, for a period of 5 years; and ‘‘(1) the school approves the use; ‘‘In this Act: March 4, 1999 CONGRESSIONAL RECORD — SENATE S2339 ‘‘(1) DIRECTOR.—The term ‘‘Director’’ ‘‘(1) promoting program completion for JEFFORDS (AND OTHERS) means the Director of the Office of Dropout children attending middle school or second- AMENDMENT NO. 37 Prevention and Program Completion estab- ary school; lished under section 220 of the General Edu- ‘‘(2) programs to obtain a secondary school Mr. LOTT (for Mr. JEFFORDS for him- cation Provisions Act. diploma or its recognized equivalent (includ- self, Mr. GREGG, and Ms. COLLINS) pro- ‘‘(2) LOW-INCOME.—The term ‘‘low-income’’, ing general equivalency diploma (GED) pro- posed an amendment to amendment used with respect to an individual, means an grams), or college degree programs; and No. 35 proposed by Mr. BINGAMAN to the individual determined to be low-income in ‘‘(3) reentry programs for individuals aged bill, supra; as follows: accordance with measures described in sec- 12 to 24 who are out of school. In lieu of the matter proposed to be in- tion 1113(a)(5) of the Elementary and Second- ‘‘(d) DETAILING.—In carrying out the Direc- serted, insert the following: ary Education Act of 1965 (20 U.S.C. tor’s duties under this section, the Director 6313(a)(5)). may request the head of any Federal depart- SEC. . AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) SCHOOL DROPOUT.—The term ‘‘school ment or agency to detail personnel who are In addition to other funds authorized to be dropout’’ has the meaning given the term in engaged in school dropout prevention activi- appropriated to carry out part B of the Indi- section 4(17) of the School-to-Work Opportu- ties to another Federal department or agen- viduals with Disabilities Education Act (20 nities Act of 1994 (20 U.S.C. 6103(17)). cy in order to implement the National U.S.C. 1411 et seq.), there are authorized to ‘‘SEC. 5332. AUTHORIZATION OF APPROPRIA- School Dropout Prevention Strategy.’’. be appropriated $150,000,000 to carry out such TIONS. part. ‘‘(a) SUBPART 1.—There are authorized to Subtitle B—State Responsibilities be appropriated to carry out subpart 1, SEC. ll21. STATE RESPONSIBILITIES. JEFFORDS AMENDMENT NO. 38 $5,000,000 for fiscal year 2000 and such sums Title XIV of the Elementary and Second- as may be necessary for each of the 4 suc- Mr. JEFFORDS proposed an amend- ary Education Act of 1965 (20 U.S.C. 8801 et ment to amendment No. 31 proposed by ceeding fiscal years. seq.) is amended by adding at the end the fol- ‘‘(b) SUBPART 2.—There are authorized to lowing: him to the bill, supra; as follows: be appropriated to carry out subpart 2, In the language proposed to be stricken by $145,000,000 for fiscal year 2000 and such sums ‘‘PART I—DROPOUT PREVENTION amendment No. 31, at the appropriate place as may be necessary for each of the 4 suc- ‘‘SEC. 14851. DROPOUT PREVENTION. insert the following: ceeding fiscal years, of which— ‘‘In order to receive any assistance under SEC. . PUBLIC NOTICE AND COMMENT. ‘‘(1) $125,000,000 shall be available to carry this Act, a State educational agency shall The Secretary of Education shall prescribe out section 5322; and comply with the following provisions regard- requirements on how States will provide for ‘‘(2) $20,000,000 shall be available to carry ing school dropouts: public comments and notice. out section 5323.’’. ‘‘(1) UNIFORM DATA COLLECTION.—Within 1 ll SEC. 12. OFFICE OF DROPOUT PREVENTION year after the date of enactment of the Na- AND PROGRAM COMPLETION. ALLARD AMENDMENT NO. 39 tional Dropout Prevention Act of 1999, a Title II of the Department of Education State educational agency shall report to the (Ordered to lie on the table.) Organization Act (20 U.S.C. 3411) is Secretary and statewide, all school district Mr. ALLARD submitted an amend- amended— and school data regarding school dropout ment intended to be proposed by him (1) by redesignating section 216 (as added rates in the State, and demographic break- by Public Law 103–227) as section 218; and to the bill, S. 280, supra; as follows: downs, according to procedures that conform (2) by adding at the end the following: At the appropriate place, insert the follow- with the National Center for Education Sta- ing: ‘‘OFFICE OF DROPOUT PREVENTION AND tistics’ Common Core of Data. PROGRAM COMPLETION SEC. . ‘KNOW YOUR CUSTOMER’ REGULATIONS ‘‘(2) ATTENDANCE-NEUTRAL FUNDING POLI- RESCINDED ‘‘SEC. 220. (a) ESTABLISHMENT.—There shall CIES .—Within 2 years after the date of enact- (a) IN GENERAL.—None of the following pro- be in the Department of Education an Office ment of the National Dropout Prevention posed regulations may be published in final of Dropout Prevention and Program Comple- Act of 1999, a State educational agency shall form and, to the extent that any such regula- tion (hereafter in this section referred to as develop and implement education funding tion has become effective before the date of the ‘Office’), to be administered by the Di- formula policies for public schools that pro- the date of the enactment of this legislation, rector of the Office of Dropout Prevention vide appropriate incentives to retain stu- such regulation shall cease to be effective as and Program Completion. The Director of dents in school throughout the school year, of such date: the Office shall report directly to the Sec- such as— (1) The regulation proposed by the Comp- retary and shall perform such additional ‘‘(A) a student count methodology that troller of the Currency to amend part 21 of functions as the Secretary may prescribe. does not determine annual budgets based on title 12 of the Code of Federal Regulations, ‘‘(b) DUTIES.—The Director of the Office of attendance on a single day early in the aca- as published in the Federal Register on De- Dropout Prevention and Program Comple- demic year; and cember 7, 1998. tion (hereafter in this section referred to as ‘‘(B) specific incentives for retaining en- (2) The regulation proposed by the Director the ‘Director’), through the Office, shall— rolled students throughout each year. of the Office of Thrift Supervision to amend ‘‘(1) help coordinate Federal, State, and ‘‘(3) SUSPENSION AND EXPULSION POLICIES.— part 563 of title 12 of the Code of Federal local efforts to lower school dropout rates Within 2 years after the date of enactment of Regulations, as published in the Federal and increase program completion by middle the National Dropout Prevention Act of 1998, Register on December 7, 1998. school, secondary school, and college stu- a State educational agency shall develop (3) The regulation proposed by the Board of dents; uniform, long-term suspension and expulsion Governors of the Federal Reserve System to ‘‘(2) recommend Federal policies, objec- policies for serious infractions resulting in amend parts 208, 211, and 225 of title 12 of the tives, and priorities to lower school dropout more than 10 days of exclusion from school Code of Federal Regulation, as published in rates and increase program completion; per academic year so that similar violations the Federal Register on December 7, 1998. ‘‘(3) oversee the implementation of subpart result in similar penalties.’’. (4) The regulation proposed by the Federal 2 of part C of title V of the Elementary and Deposit Insurance Corporation to amend Secondary Education Act of 1965; part 326 of title 12 of the Code of Federal ‘‘(4) develop and implement the National JEFFORDS (AND OTHERS) Regulations as published in the Federal Reg- School Dropout Prevention Strategy under ister on December 7, 1998. section 5312 of the Elementary and Second- AMENDMENT NO. 36 (b) PROHIBITION ON SIMILAR REGULATIONS.— ary Education Act of 1965; Mr. JEFFORDS (for himself, Mr. None of the Federal Banking Agencies re- ‘‘(5) annually prepare and submit to Con- ferred to in subsection (a) may prescribe any gress and the Secretary a national report de- GREGG, and Ms. COLLINS) proposed an amendment to amendment No. 35 pro- regulation which is substantially similar to, scribing efforts and recommended actions re- or would have substantially the same effect posed by Mr. BINGAMAN to the bill, garding school dropout prevention and pro- as, any proposed regulation described in gram completion; supra; as follows: paragraph (1), (2), (3), or (4) of subsection (a). ‘‘(6) recommend action to the Secretary On page 20, between lines 4 and 5, insert and the President, as appropriate, regarding the following: school dropout prevention and program com- ALLARD AMENDMENT NO. 40 pletion; and ‘‘SEC. . FUNDING FOR IDEA. (Ordered to lie on the table.) ‘‘(7) consult with and assist State and local ‘‘Nothwithstanding any other provision of Mr. ALLARD submitted an amend- governments regarding school dropout pre- law, the provisions of this part, other than ment intended to be proposed by him vention and program completion. this section, shall have no effect, except that ‘‘(c) SCOPE OF DUTIES.—The scope of the funds appropriated pursuant to the authority to amendment No. 31 proposed by Mr. Director’s duties under subsection (b) shall of this part shall be used to carry out part B JEFFORDS to the bill, supra; as follows: include examination of all Federal and non- of the Individuals with Disabilities Edu- In the language proposed to be stricken, Federal efforts related to— cation Act (20 U.S.C. 1411 et seq.). insert the following: S2340 CONGRESSIONAL RECORD — SENATE March 4, 1999 SEC. . ‘KNOW YOUR CUSTOMER’ REGULATIONS be granted permission to meet during hold an executive business meeting RESCINDED the session of the Senate on Thursday, during the session of the Senate on (a) IN GENERAL.—None of the following pro- March 4 for purposes of conducting a Thursday, March 4, 1999, at 10 a.m. in posed regulations may be published in final form and, to the extent that any such regula- full committee business meeting which room 226 of the Senate Dirksen Office tion has become effective before the date of is scheduled to begin at 9:30 a.m. The Building. the date of the enactment of this legislation, purpose of this business meeting is to The PRESIDING OFFICER. Without such regulation shall cease to be effective as consider pending calendar business. objection, it is so ordered. of such date: The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE (1) The regulation proposed by the Comp- objection, it is so ordered. Mr. JEFFORDS. Mr. President, I ask troller of the Currency to amend part 21 of COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Select title 12 of the Code of Federal Regulations, RESOURCES as published in the Federal Register on De- Committee on Intelligence be author- cember 7, 1998. Mr. JEFFORDS. Mr. President, I ask ized to meet during the session of the (2) The regulation proposed by the Director unanimous consent that the Commit- Senate on Thursday, March 4, 1999, at 3 of the Office of Thrift Supervision to amend tee on Energy and Natural Resources p.m., to hold a closed business meeting. part 563 of title 12 of the Code of Federal be granted permission to meet during The PRESIDING OFFICER. Without Regulations, as published in the Federal the session of the Senate on Thursday, objection, it is so ordered. Register on December 7, 1998. March 4, for purposes of conducting a JOINT ECONOMIC COMMITTEE (3) The regulation proposed by the Board of full committee hearing which is sched- Mr. JEFFORDS. Mr. President, I ask Governors of the Federal Reserve System to uled to begin at 10 a.m. The purpose of amend parts 208, 211, and 225 of title 12 of the unanimous consent to allow the Joint Code of Federal Regulation, as published in this hearing is to consider the nomina- Economic Committee to meet on the the Federal Register on December 7, 1998. tion of Robert Gee to be an Assistant issue of economic growth through tax (4) The regulation proposed by the Federal Secretary of Energy for Fossil Energy. cuts on March 4, 1999, at 9:30 a.m. Deposit Insurance Corporation to amend The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without part 326 title 12 of the Code of Federal Regu- objection, it is so ordered. objection, it is so ordered. lations as published in the Federal Register COMMITTEE ON ENVIRONMENTAL AND PUBLIC SUBCOMMITTEE ON INTERNATIONAL OPERATIONS on December 7, 1998. WORKS Mr. JEFFORDS. Mr. President, I ask (b) PROHIBITION ON SIMILAR REGULATIONS.— None of the Federal Banking Agencies re- Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Sub- ferred to in subsection (a) may prescribe any unanimous consent that the Commit- committee on International Operations regulation which is substantially similar to, tee on Environmental and Public of the Committee on Foreign Relations or would have substantially the same effect Works be granted permission to con- be authorized to meet during the ses- as, any proposed regulation described in duct a hearing Thursday, March 4, 9 sion of the Senate on Thursday, March paragraph (1), (2), (3), or (4) of subsection (a). a.m., to receive testimony from Gary 4, 1999, at 2 p.m., to hold a hearing. f S. Guzy, nominated by the President to The PRESIDING OFFICER. Without be General Counsel for the Environ- objection, it is so ordered. AUTHORITY FOR COMMITTEES TO mental Protection Agency and Ann f MEET Jeanette Udall, nominated by the ADDITIONAL STATEMENTS COMMITTEE ON ARMED SERVICES President to be a member of the board Mr. JEFFORDS. Mr. President, I ask of trustees of the Morris K. Udall unanimous consent that the Commit- Scholarship and Excellence in National 100TH ANNIVERSARY OF THE tee on Armed Services be authorized to Environmental Policy Foundation. VICKSBURG NATIONAL MILITARY meet at 2:30 p.m. on Thursday, March 4, The PRESIDING OFFICER. Without PARK 1999, in open session, to receive testi- objection, it is so ordered. ∑ Mr. COCHRAN. Mr. President, I bring mony from the unified and regional COMMITTEE ON FINANCE to the attention of the Senate the re- commanders on their military strategy Mr. JEFFORDS. Mr. President, I ask cent celebration of a special anniver- and operational requirements in review unanimous consent that the Commit- sary of one of our finest national treas- of the fiscal year 2000 Defense author- tee on Finance be permitted to meet ures and most historic sites—the ization request and future years De- Thursday, March 4, 1999 beginning at 10 Vicksburg National Military Park. fense program. a.m. in room SH–215, to conduct a On February 20, 1999, ceremonies The PRESIDING OFFICER. Without markup. were held at the Vicksburg National The PRESIDING OFFICER. Without objection, it is so ordered. Military Park in Vicksburg, Mis- objection, it is so ordered. COMMITTEE ON BANKING, HOUSING AND URBAN sissippi, to commemorate the 100th an- AFFAIRS COMMITTEE ON GOVERNMENTAL AFFAIRS niversary of the establishment of the Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. Mr President, I ask park. The statues of the first two su- unanimous consent that the Commit- unanimous consent on behalf of the perintendents of the park, Stephen D. tee on Banking, Housing, and Urban Governmental Affairs Committee to Lee and William T. Rigby, were rededi- Affairs be authorized to meet during meet on Thursday, March 4, 1999, at 10 cated with several of their descendants the session of the Senate on Thursday, a.m. to mark up legislation at a busi- in attendance. March 4, 1999, to conduct a markup of ness meeting. This park was the seventh National the committee print on ‘‘The Financial The PRESIDING OFFICER. Without Park established, and is the site of the Services Modernization Act of 1999.’’ objection, it is so ordered. campaign and siege of Vicksburg. On The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, February 21, 1899, President William objection, it is so ordered. AND PENSIONS McKinley signed the legislation which COMMITTEE ON COMMERCE, SCIENCE, AND Mr. JEFFORDS. Mr. President, I ask created the park. Although originally TRANSPORTATION unanimous consent that the Commit- envisioned to include 4,000 acres, today Mr. JEFFORDS. Mr. President, I ask tee on Health, Education, Labor, and the park is comprised of over 1,800 unanimous consent that the Commit- Pensions, Subcommittee on Employ- acres with 1,324 monuments, markers tee on Commerce, Science, and Trans- ment, Safety, and Training be author- and tablets. There are twenty-seven portation be allowed to meet on Thurs- ized to meet for a hearing on the New state monuments. In July of this year, day, March 4, 1999, at 9:30 a.m. on Inter- SAFE Act during the session of the the Kentucky monument will be dedi- net filtering. Senate on Thursday, March 4, 1999, at cated. The PRESIDING OFFICER. Without 9:30 a.m. The U.S.S. Cairo, a Civil War gun- objection, it is so ordered. The PRESIDING OFFICER. Without boat, which was sunk by Confederate COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. mines just North of Vicksburg on the RESOURCES COMMITTEE ON THE JUDICIARY Yazoo River on December 12, 1862, was Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. Mr. President, I ask raised in 1964 and is displayed at the unanimous consent that the Commit- unanimous consent that the Commit- park as one of the best-preserved Ves- tee on Energy and Natural Resources tee on the Judiciary be authorized to sels of its type. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2341 The park is also the home of Vicks- erect and dedicate within the general’s life- veterans of the Vicksburg campaign, one had burg National Cemetery, established in time a monument of bronze on the grounds to be a Confederate representative and two 1866. Interred on the grounds are over of this battlefield which he made a shrine. were to be Union. General Lee of course was 18,000 Union soldiers, of which the iden- Without Lee’s knowledge, Rigby solicited the logical choice to be named the Confed- contributions making himself the first dona- erate representative. As Illinois had the larg- tities of 12,000 are unknown. Veterans tion. est number of troops engaged in the Vicks- of the Mexican, and Spanish-American In May 1908, veterans of the 22d Iowa Infan- burg campaign, James Everest from that Wars, World War I and II, and the Ko- try, the very unit which pierced the lines at State was selected as the second commis- rean conflict also rest in the cemetery. Railroad Redoubt, assembled in Vicksburg sioner. Despite all his work on behalf of the Over the past few years, the Senate for a reunion and invited General Lee to at- association to establish the park, partisan has supported funding for the construc- tend. Although his health was broken, Lee politics reared its ugly head and almost re- tion of a canopy to protect the U.S.S. came to Vicksburg and praised his former sulted in Captain Rigby not being selected as the third commissioner. But—those who had Cairo, for the restoration of monu- enemies for their courage and bravery exhib- ited on that bloody day. Captain Rigby took worked with him now raised such a hue and ments at the Park which have deterio- advantage of Lee’s visit and asked the gen- cry that Secretary Alger ultimately rated, and for the acquisition of parcels eral to pose for a photograph on the spot capitulated and named him the third com- of land that are valuable for the preser- from which he watched the charge. Lee came missioner. vation and interpretation of the cam- to this very place, stood erect with the pos- Captain Rigby was the only one of the paign and siege of Vicksburg. ture of a soldier, and with his head turned three commissioners who actually moved to I hope Senators will be mindful of the slightly to the north, the fire of younger Vicksburg. He established his residence and days returned to his eyes for the final time. a park office here and subsequently became valuable national assets at the Vicks- known as the resident commissioner, burg National Military Park as the Four days later, he died in Vicksburg, a place with which his name is synonymous. busying himself with the acquisition of land, Senate considers funding for the Na- The photograph taken that day was the the construction of the tour road and tional Park Service in the coming basis for this monument which was dedicated bridges, placing tablets and securing the im- months. on June 11, 1909. It reminds us today of cour- pressive monuments for which this park is Mr. President, I ask unanimous con- age, duty, honor, and stands as an enduring rightly noted. He devoted the last thirty sent that the remarks delivered by symbol of the love and respect that former years of his life to make Vicksburg National enemies had for men turned brothers. Military Park the finest in the world. More Park Superintendent, William Nichols, than any other man, our park today is the and Historian, Terrence Winschel, at result of Captain William Rigby’s labors. REMARKS OF WILLIAM O. NICHOLS ON CAPT. the re-dedication of the Lee and Rigby Perhaps the greatest testimony to William WILLIAM T. RIGBY monuments be inserted in the RECORD. Rigby’s service can be found in the letter of There being no objection, the mate- We are gathered here before the statue of resignation written to him by General Lee rial was ordered to be printed in the Captain William T. Rigby, the second person on November 21, 1901. General Lee’s letter to serve as chairman of the Park Commis- reads as follows: RECORD, as follows: sion. In this capacity, Captain Rigby served ‘‘I felt at the time when Colonel Everest REMARKS OF TERRENCE J. WINSCHEL from 1901 until 1929. . . . Obviously, these and yourself—by your votes—made me your On the hot afternoon of May 22, 1863, Gen- were the formative years for the develop- chairman that it was an act of delicate cour- eral Lee watched in awe as Union troops ment of this park. It was Captain William tesy extended to me by former antagonists. poured out a ravine 400 yards east of here Rigby who designed and shaped and molded But, now, dear friend: From the very incep- and deployed into line of battle on a ridge this park into what we see and what we have tion of the park movement, you have been opposite his lines. One Confederate soldier here today. Captain Rigby truly was and is the most active and industrious person con- who gazed over the parapets of earth and log the father of this great park. nected with the enterprise. You have done recorded for posterity that the Federals de- We are delighted to have with us today the more work and put more thought on the ployed into line of battle with man touching granddaughter of Captain Rigby. . . . Isabel great enterprise than any other member or man, rank pressing rank, and line supporting Rigby . . . who is 86 years young . . . and person connected with the park. From this line. He could see Union officers riding up who is joining us after just having returned fact I have never failed to agree with you in and down the lines giving encouragement to to the United States from a week trip abroad almost every suggestion or act connected their men, making sure that all was set for to the Union of South Africa. Park historian with your management, and I really feel the advance. He watched as the colors were Terry Winschel will be next on the program from our association and work you are now uncased and caught the breeze above the following and he will be followed by Miss the most competent member to be the per- lines, and listened to the sound of cold steel Rigby. manent chairman of the commission. I there- as the enemy affixed their bayonets in final William Titus Rigby was a native of Red fore tender to you my resignation as chair- preparation for the charge. To him the sight Oak, Iowa. He was only 21 when he enlisted man of the commission and request that you was grim, irresistible, yet magnificent in the in the Union Army. He was a man of integ- assume all the duties of the office as perma- extreme this pageantry of war. rity, honesty and decency, and these quali- nent chairman.’’ But there was little time for admiration as ties soon earned him a commission as a sec- the blue lines swept across the fields. With a ond lieutenant. He was later promoted to the REMARKS OF WILLIAM O. NICHOLS ON LT. GEN. mighty cheer the Federals swarmed up the rank of captain and it was in that capacity STEPHEN D. LEE slopes and into the ditches fronting the that he served for the balance of the war. Welcome. I am Park Supt Bill Nichols. We Vicksburg defenses. Planting several stands After the war, William Rigby returned to are gathered here this day to pay homage to of colors atop the Confederate fortifications, his native Iowa and entered Cornell College two gentlemen who played a prominent role a handful of Union troops entered Railroad from which he graduated in 1869. That same in making Vicksburg National Military Park Redoubt before you—the city’s defenses had year he married Eva Cattron. They enjoyed the beautiful and significant site that it is been pierced. sixty years of marriage and raised three chil- today. In this park’s 100 year history, there With calm determination, Stephen D. Lee dren: Will, Charlie and Grace. Isabel Rigby have been only twelve persons who served as rode to the point of danger. Exhorting his who is with us today is the daughter of Char- its superintendent. These two gentlemen we men to stand their ground in the face of lie. honor today were this park’s first super- overwhelming numbers, he gathered rein- During the time he was in the trenches intendents (although they didn’t have that forcements in hand and led the counter- around Vicksburg in 1863 William Rigby cer- title, that is in fact what they were). I per- attack which drove the Federals back and tainly could not have ever imagined that sonally have a feeling of great empathy for sealed the breach. It was the most sublime some thirty years later he would return to these two men: for the responsibilities they moment of his distinguished military career. lead the effort to establish a national mili- bore, for the actions they took, the examples Thirty-six years later, this grand soldier of tary park. In 1895 he was elected secretary of they set for the 10 superintendents who fol- the Confederacy was named Chairman of the the Vicksburg National Military Park Asso- lowed them . . . . For what they did during Vicksburg National Military Park Commis- ciation and for the next four years he trav- the critical formative years to mold this sion. He had worked tirelessly by example in elled across the nation speaking to veterans’ park into the great memorial it is today. the post war era to take Yankees and Rebels groups, legislators and members of Congress We are here at the monument to General and make them Americans. Now he would to generate support for the park measure. Stephen D. Lee. Stephen Dill Lee was a grad- forge from this bloody field of battle an eter- His efforts and those of General Lee were ul- uate of the United States Military Academy nal monument commemorating American timately successful when the legislation was at West Point who served his nation faith- valor to remind the generations that would passed by Congress and signed into law by fully until the outbreak of the Civil War. follow of the sacrifices made on their behalf President William McKinley on February 21, With the secession of his native South served by the men in blue and gray. 1899. the confederacy with his customary skill, In recognition of Lee’s life of service to his The park legislation created a three-man rising to become the youngest lieutenant nation and the American people, his fellow commission to oversee the development and general in the Confederate Service. Follow- commissioner William T. Rigby sought to management of the park. All three had to be ing the war, he worked tirelessly to unite S2342 CONGRESSIONAL RECORD — SENATE March 4, 1999 the people of the Nation, to rebuild the the last decade, state governments ini- them to the Owensboro, the county’s South, and to care for Confederate veterans. tiated lawsuits against the tobacco in- economy would never have reached its His was a life of service to others, but per- dustry, asserting a variety of claims, current level of growth. haps his most lasting contribution was the The legacy Buzz has left in Kentucky establishment and development of this park. including the violation of consumer The support of Confederate veterans was fraud and other state consumer protec- county politics also includes his efforts essential to secure passage of legislation to tion laws. Several state lawsuits did to build and maintain a much-needed establish a park at Vicksburg. After all, the not include any claims for reimburse- landfill in Daviess County. The comple- loss of Vicksburg was a stunning defeat to ment of tobacco related health costs tion of the landfill will save the county the Confederacy. Supporters of the park idea paid under the Medicaid program. countless dollars in fees in the future, found the ally they needed in the person of Some states, such as Michigan, in- and leaves yet another lasting impact General Lee who was highly respected throughout the State and the Nation. In Oc- cluded Medicaid recovery as a part of from Buzz’s priceless leadership. tober of 1895 when Union and Confederate its claim. Aside from Buzz’s successful career veterans banded together to form the Vicks- The Department of HHS claims a por- holding county office, some of his burg National Military Park Association, it tion of the settlement represented by proudest accomplishments come from was Stephen D. Lee who was the unanimous reimbursement of Medicaid costs it his 30 admirable years as a teacher. selection to be its president. He was the in- funded. However, because there were Buzz taught high school politics and strumental person in this movement which multiple bases for the state claims government classes at Daviess County was culminated on February 21st, 1899, when against the tobacco companies and be- High School and served the county by the legislation was signed into law by Presi- dent William McKinley establishing the cause it would be difficult to accu- teaching a ‘‘Problems in Government’’ park. General Lee was appointed to be the rately assess which portion of the class for the Daviess community. Stu- Confederate representative on the three-man states’ settlement funds represents dents in the class followed Buzz’ exam- commission established to run the park. Medicaid reimbursement. I will support ple and plunged into the politics of And Lee was immediately elected as chair- an amendment to this bill which will local concerns, impacting decisions man, thus becoming the park’s first super- keep in the states any so called ‘‘fed- about topics such as highways and intendent. Although General Lee remained in Columbus, he supported the Resident eral share’’ funds if spent by the states downtown revitalization. Commissioner William Rigby and thus his on a variety of health and education Buzz Norris left his mark on Daviess influence remains every where to see. related activities. County, and I have no doubt he will In November 1901, the pressures of time be- It is with the preceding in mind that continue to contribute his time, effort came too much for him and he resigned his I have joined on as a co-sponsor of S. and energy to the community for many chairmanship—but he continued on the park 346. I urge the passage of S. 346, with an years to come. I thank Buzz for his commission until his death in 1908. His last amendment along the lines described. service to Kentucky, and I am con- act of life was to attend a reunion of union veterans, the very troops who penetrated This will hopefully expedite the proc- fident my colleagues join me in my Lee’s lines here at Vicksburg at the Railroad ess of these funds being used in a re- commendation of his work.∑ Redoubt. In the Spirit of national unity he sponsible and healthy manner.∑ f praised his former enemies for their bravery f and their devotion to duty . . . four days AIRLINE PASSENGER FAIRNESS later he died here in Vicksburg and was laid TRIBUTE TO WILBUR MACDONALD ACT OF 1999 in state in the park office where men in Blue NORRIS, JR. ∑ Mr. FEINGOLD. Mr. President, I rise and Gray again gathered to mourn the loss of ∑ Mr. McCONNELL. Mr. President, I today to voice my strong support for a great American. We have with us today descendants of Gen- rise today to recognize the accomplish- the Airline Passenger Fairness Act. I eral Lee—whom I would like to recognize. ments of a dynamic Kentucky judge- commend Senators WYDEN and MCCAIN They are: great-grandson Hamilton Lee. He executive and dedicated teacher, Wil- for bringing this crucial consumer has with him his daughter, Avery. Next, an- bur MacDonald Norris, Jr. issue before the Senate in a bipartisan other great grandson, Terry Batcheldor and Wilbur ‘‘Buzz’’ Norris served the manner. I am proud to be a co-sponsor his wife Ginny. Next, there is a great-great- State of Kentucky for 39 years, first as of this bill. grandson Stephen Lee. And last but cer- a teacher of government and politics Mr. President, I’m sure that each and tainly not least, great-great-great-grandson for 30 years at Daviess County High every one of us in this body has experi- David Langstaff, who is accompanied by his three children, Meridith, Chris and Todd. School, and then for 9 years as Daviess enced his or her fair share of frustra- We are delighted that these members of County’s judge-executive, the county’s tion with air travel. Whether it’s late the Stephen D. Lee family are with us today highest ranking elected official. Buzz flights, bad meals, long lines, or lost to participate in this ceremony to remember also served his country with service in luggage, we’ve all gotten the short end their ancestor who made such a significant the United States Army for two years. of the stick at one point or another. contribution to the development of this na- Buzz is truly a product of Kentucky. When it comes to air travel, we are tional park.∑ He completed his undergraduate degree all consumers. And this bill assures the f at Kentucky Wesleyan College, and re- protection of consumer interests. The TOBACCO SETTLEMENT FUNDS ceived a master’s degree from Western Airline Passenger Fairness Act would ∑ Mr. LEVIN. Mr. President, today I Kentucky University. Buzz’s deep-root- ensure that passengers have the infor- rise to speak to S. 346, legislation in- ed background in Kentucky certainly mation that they need to make in- troduced by Senators BOB GRAHAM (D- served him well in his years of com- formed choices in their air travel Florida) and KAY BAILEY HUTCHINSON mendable service to our great state. plans. Given the recent spate of air- (R-Texas), which provides that the fed- Buzz’s career in Daviess County poli- lines’ customer relations debacles, I eral money obtained by the states in tics was marked by his willingness to hope this bill will also encourage some the tobacco settlements remains in the fight for what was best for the county. of them to treat their customers with hands of the states. He was heralded for his ability to work more respect. Let me briefly review the history of with county officials of both parties, Mr. President, financial statements why we are here today discussing to- and was effective numerous times in and the stock market don’t lie. Most bacco recoupment. On November 23, bringing the sometimes opposing sides airlines have been experiencing years 1998, 46 states, including my own state together in a compromise that pleased of exploding growth and record profits. of Michigan, reached a $206 billion set- almost everyone and was always of Unfortunately, some employees and tlement with the major tobacco manu- benefit to Daviess County. consumers have not shared in the facturers. Michigan’s share of the set- Buzz was praised for bringing hun- boom. While this bill doesn’t address tlement is approximately $8.2 billion dreds of jobs to the county with the all consumer concerns, it does move us ($300 million per year over 25 years). creation of MidAmerica Airpark and forward in a constructive manner. States that entered into the settlement bringing Scott Paper, now Kimberly- Mr. President, it’s probably about have begun to plan for the allocation of Clark, to Daviess County. It is widely time air travelers’ interests received funds received under those agreements. speculated that, without these two our attention. According to the De- This settlement was the result of a companies’ presence in Daviess County partment of Transportation, consumer great undertaking by the states. Over and Buzz’s essential role in bringing complaints about air travel shot up by March 4, 1999 CONGRESSIONAL RECORD — SENATE S2343 more than 25 percent last year. Those The Exxon Valdez oilspill remains the consequences if your product spills, complaints run the gamut from ephem- the largest man-made environmental so it is your duty to take every pre- eral ticket pricing; being sold a ticket disaster in American history. The oil caution. If you act recklessly, you will on already oversold flights; lost lug- spread almost 600 miles, harming wild- pay dearly. gage; and flight delays, changes, and life, closing fisheries, and damaging That message is fading after 10 years, cancellations. This bill addresses these the subsistence way of life of Alaska and will be largely lost after a merger issues and more. Natives living in the region. To its of these proportions. Now, before the Perhaps of more importance, this bill credit, Exxon spent as much as $2–3 bil- merger, we have an opportunity to does so without forcing airlines to lion trying to rectify the effects of the make an indelible impression on what compile information that they don’t al- spill, but much damage remains. would be the largest corporation on ready keep. The bill simply allows air The spill brought home to all of us in Earth—that an oilspill like this must travelers the right to that basic infor- the Pacific Northwest a deeper appre- never happen again.∑ mation and the ability to make in- ciation for the importance of prevent- f formed decisions. ing oilspills. Clean water, a vibrant TRIBUTE TO WAYNE PERKEY Mr. President, I am fortunate to rep- fishery, and abundant wildlife are all resent and be a customer of the na- parts of our Northwest way of life, and ∑ Mr. MCCONNELL. Mr. President, I tion’s premier airline when it comes to they are all at risk to oilspills. rise today to commend Wayne Perkey customer satisfaction. For years, Mid- In Commerce Committee hearings for 30 years of dedicated service to west Express Airlines has enjoyed some shortly after the spill, I told the Exxon WHAS-AM radio and his listeners in of the highest airline customer satis- CEO that a Japanese CEO would have Louisville, Kentucky. faction ratings in the country. For been expected to resign after such a ca- Wayne’s voice has been heard by those of my colleagues who haven’t had lamity. I said this not to be unkind, thousands of listeners over the past 30 the pleasure to ride on Midwest Ex- but because of my strongly-held view years as a constant in the life of morn- press, I, and I’m sure I speak for the that oilspills caused by a company’s ing talk radio. He has made an unfor- senior Senator from Wisconsin, encour- reckless conduct cannot be tolerated. gettable impression on WHAS radio, age you to do so. It is now 10 years later, and Exxon is and has carefully molded the station Mr. President, Midwest Express ready to move on. It has announced its into what it is today. When Wayne maintains those superlative ratings be- intention to merge with Mobil, creat- began work at WHAS the station had cause it already incorporates some of ing the largest corporation in the primarily an all-music format, and the provisions spelled out in this bill. world, with annual revenues of over Wayne spent years transforming the Midwest Express already tries to notify $180 billion. station from that format into the all- its travelers if it anticipates a flight The federal government is in the talk format that they have today. delay, flight change, or flight cancella- process of reviewing this proposed Most stations would not have been tion. The airline already attempts to merger. I object to the merger of Exxon able to accomplish that kind of transi- make information on oversold flights and Mobil unless Exxon first resolves tion without losing a number of listen- available to its customers. Midwest Ex- some important unfinished business re- ers, but Wayne’s voice on the morning press already makes efforts to allow its sulting from the 1989 spill. That unfin- airwaves clenched listener support and customers access to frequent flyer pro- ished business is the litigation brought WHAS has enjoyed long-lived success. gram information. by the tens of thousands of fishermen, Wayne’s positive, up-beat morning pro- These are some of the reasons the small business owners, and Alaska Na- gram made Wayne an icon in the Lou- airline has been awarded the Consumer tives who were harmed by the spill. isville market. Certainly he is a main- Reports Travel Letter Best Airline About 6,500 of these people live in stay that will be missed. Award every year from 1992 to 1998; Washington State. They, too, would He presented up-to-the-minute news Zagat Airline Survey’s #1 Domestic like to move on with their lives, but to hundreds of thousands of Kentuck- Airline award in 1994 and 1996; Travel & they can’t. They have been waiting ten ians for the past 30 years and used his Leisure’s World’s Best Awards for Best years since the spill, and almost five position at WHAS to serve the commu- Domestic Airline in 1997 and 1998; and years since a federal jury determined nity. Wayne says that one of the things Conde Nast Traveler’s Business Travel that Exxon should pay them over $5 that drew him to work at WHAS in the Awards for Best U.S. Airline in 1998, billion. first place was the stations’ Crusade among many awards. They will be waiting a lot longer if for Children program. He immediately Mr. President, other airlines should Exxon has its way. Every year of delay took an interest in the Crusade, and see this bill as a challenge to meet the is worth about $400 million to Exxon, played an integral role as master of lofty standards set by airlines like the difference between the 6 percent in- ceremonies for many of his 30 years. Midwest Express. terest rate on the $5 billion judgment The Crusade is known as the most Mr. President, air travel is on the and Exxon’s own rate of return of successful single-station telethon in rise, but so are air travel complaints. about 14 percent on the same $5 billion. the United States, raising $70 million This bill responds to the complaints by If this case drags on long enough, for the care and treatment of handi- giving our constituents access to the Exxon will be able to pay most of the capped children in Kentucky and information they need to make wise jury verdict out of money that it made Southern Indiana since its inception in choices in air travel. Airlines truly solely because of the delay in paying 1954. Wayne saw how vital this program concerned about their customers the judgment. was to the millions of children who should already be making these efforts. Exxon has appealed the jury verdict, benefit from the Crusade each year, As I noted, one Wisconsin-based airline raising a number of issues. This is to be and has committed to emcee the tele- is already making the effort. I urge my expected in a case involving this much thon for one last year. His sincere con- colleagues to join in this effort.∑ money. But while this case crawls cern for Kentucky’s children is admira- f through our court system, the victims ble, and we commend him for his 30 are left waiting for closure to a hor- years of commitment to this cause. EXXON VALDEZ OILSPILL rible event that changed their lives for- Wayne’s leadership on the WHAS ∑ Mr. GORTON. Mr. President, this ever, and they are waiting for a sense morning team produced numerous rec- month is the 10th anniversary of the that justice has been done. We need to ognitions for its award-winning broad- infamous Exxon Valdez oilspill. On find a way to meet these perfectly un- casts over the years. Wayne was indi- March 24, 1989, one of Exxon’s largest derstandable human needs. Exxon has vidually honored by receiving the very tankers, under the command of a cap- the power and resources to make that first Spirit of Louisville Award at the tain who had been drinking and had happen. Mayor’s Community Thanksgiving abandoned the bridge, struck Bligh We need to send the strongest pos- Breakfast in 1994. His professional tal- Reef and spilled 11 million gallons of sible message to Exxon and other oil ent will be remembered and revered, North Slope crude oil into the pristine companies: you use our waterways to and will certainly follow him through waters of Prince William Sound. transport your product, and you know life in whatever endeavors he pursues. S2344 CONGRESSIONAL RECORD — SENATE March 4, 1999 I am confident Wayne Perkey will in Guam are both named Udall Point. gress. May their careers, like Mo’s, continue to succeed both professionally The sun will never set on the legacy of light the way to more enlightened and and personally and, on behalf of my Mo Udall. civil public discourse. colleagues, I thank him for his service Carl Albert, former speaker of the The Navajo say ‘‘May you walk in and commend him on his accomplish- House, said that Mo had written one of beauty.’’ All his days, Mo Udall walked ments.∑ the most remarkable legislative in beauty and he shared his beauty f records of all time. And he was right. generously with us all. He is gone now, But Mo Udall will not be remembered and we will miss him. HONORING MORRIS KING UDALL, simply for his prolific legislative May we find cheer in the echoes of FORMER U.S. REPRESENTATIVE achievements or the landmarks that Mo Udall, the little boy from St. FROM ARIZONA, AND EXTENDING bear his name. His most extraordinary John’s who became a giant, touching CONDOLENCES OF CONGRESS ON monument is the virtue with which he us one more time with those words we HIS DEATH lived his life and served his country. always loved to hear, ‘‘I’m reminded of Mr. JEFFORDS. Mr. President, I ask He fought the good fight in a touch a story * * *.’’ unanimous consent that the Senate arena, while remaining a man of unsur- May each of us—may our country— proceed to the immediate consider- passed integrity, boundless compassion forever find cheer, instruction and in- ation of S. Con. Res. 15, submitted ear- and unfailing good humor. He knew spiration in his story. A story of monu- lier today by Senators MCCAIN, KEN- glorious victories and bitter defeats, mental virtue. The remarkable story of NEDY and others. serene contentment and profound suf- Morris K. Udall. The PRESIDING OFFICER. Without fering. Through it all, he remained a Mr. DASCHLE addressed the Chair. objection, it is so ordered. The clerk humble man of uncommon decency The PRESIDING OFFICER. The will report. whose example offers a stark contrast Democratic leader. Mr. DASCHLE. Mr. President, today The legislative clerk read as follows: to the meanness, pettiness and pride we celebrate the life of a very special A concurrent resolution (S. Con. Res. 15) that soil too much of our political cul- ture. American, Congressman Morris K. honoring Morris King Udall, former United Udall. Today, and every day, I think of States Representative from Arizona, and ex- Mo was never known to be moved by tending the condolences of the Congress on flattery, puffed by tribute, or im- him for all the wit and wisdom he his death. pressed by his own success. He knew shared with the world, and for the re- The Senate proceeded to consider the that a man is only as great as the markable commitment he made to pub- concurrent resolution. cause he serves—a cause that should be lic service and the causes he believed in. Mr. MCCAIN. Mr. President, I rise greater than himself. Mo inspired us with his integrity, today to honor Morris King Udall, Now did we ever know Mo to be dis- compassion, dedication and humor. former United States Representative couraged in defeat. Through injury, ill- ness, disappointment and, from time to His loss is deeply felt by all who from Arizona, and extending the condo- knew him. lences of the Congress on his death. time, failure, he was a fighter. His humble perspective was as wise I first got to know Mo Udall when I An anonymous poet wrote that, ‘‘vir- as it was delightful to observe. He came to the House of Representatives tue is a man’s monument.’’ Undoubt- leavened his wisdom with his legendary in 1978. He was a leader on issues that edly, the wise poet had in mind a soul wit. Mo employed humor not simply to are still critical to the national debate, the likes of Morris King Udall, a man entertain, which he did like no other, including protecting the environment, of monumental virtue. but as a subtle and benevolent instru- promoting honesty and fairness in the Mo Udall was an extraordinary ment to calm troubled waters, to in- financing of campaigns, and making human being who lived an extraor- struct the unknowing, to humble the quality health care more accessible. I dinary life. Of humble beginnings, the arrogant, and to inspire us all to be had the pleasure of working closely son of St. Johns, Arizona rose to be- better and to do better. with him and sharing his passion on come one of the most influential and Most often he was the target of his these priorities. beloved legislators in the history of our own barbs. He loved to tell the story When I was a struggling young Con- Republic. about his campaign visit to a local bar- gressman, Mo went the extra mile to We are thankful for the gift of his bershop where he announced his run for lend me his support and his assistance. company. We remember his brave jour- the presidency, and, as Mo told it, the He was always willing to offer a joke or ney. And we celebrate a remarkable barber answered. ‘‘We know. We were a piece of advice, and he even traveled life well-lived. just laughing about that.’’ Most cer- to the middle of South Dakota on be- For over 30 years, Mo Udall graced tainly an apocryphal story, but typical half of this very junior Member of Con- our national and political life with his of Mo to tell it on himself. gress. sweet humility, gentle kindness and Mo once said, ‘‘the best political I am certainly not the only one who legendary wit. A man of keen vision humor, however sharp or pointed, has a has benefited from the generosity of and great heart, he exemplified all that little love behind it. It’s the spirit of Morris Udall. In particular, those who is good and decent about public service. the humor that counts * * * over the shared his struggle with Parkinson’s Mo Udall was what we all want our years it has served me when nothing disease owe him a great debt of grati- leaders to be. He was a powerful man else could.’’ It has served us well too. tude for his work on raising the aware- who cared not about power for its own While most remembrances of Mo ness and funding for research on this sake, but saw it as an opportunity—a focus on his grace, humor, and environ- debilitating illness. Although com- sacred responsibility to do good as he mental leadership, perhaps understated plications related to Parkinson’s ulti- saw it—to champion noble causes. His is what he did for Native Americans. mately took his life, it is my hope that many important successes are written When very few cared enough. Mo Udall a speedy discovery of better treatments in the laws of our nation. toiled in an often fruitless and thank- and, eventually, a cure for Parkinson’s His legacy endures in the halls of the less vineyard on Indian issues. Moved will be Mo’s legacy to those at risk of Congress, with men and women whom by their desperate poverty and duty developing this deadly disease. he humbled and instructed with his ex- bound to honor the dignity of the first I join my colleagues both to cele- ample. It endures among Native Ameri- Americans and the solemn commit- brate the life of this remarkable man cans whose welfare and progress he ments made to them, Mo took up their as well as to express my deepest sym- made his great purpose. And, it endures just cause. He didn’t do it for praise or pathy to Mo Udall’s family, especially in the American parks and wildlands recognition, he did it because it was his wife, Norma, and his children, he fought to protect with his vision the right thing to do. That was all the MARK, Randolph, Judith, Anne, Brad- and his guiding ethic of environmental motivation and thanks he needed, and ley and Katherine. They have had the stewardship. it characterized so aptly the benevo- pleasure of knowing him best, and they It is fitting that the easternmost lence of his political life. will certainly feel his loss the most. point of the United States, in the Vir- How proud Mo must be that a new There will never be another man with gin Islands, and the westernmost point, generation of Udalls have entered Con- Mo Udall’s unique combination of wit March 4, 1999 CONGRESSIONAL RECORD — SENATE S2345 and passion. We are all better for hav- could not think of a better celebration promote land-use planning and restruc- ing worked with and learned from this of his career than the creation of this ture the energy industry. It came as no wonderful leader. As we honor him Foundation. surprise when the National Wildlife today, as we celebrate his life with our Just last November, Mo saw a new Federation named Mo as its legislator words, may we also be challenged to generation of Udalls take up the torch of the year as early as 1973. follow in his footsteps as a dedicated of civic service. His son MARK and Under Mo’s leadership, Congress servant of the people and honor him nephew TOM each won a seat in the passed the nation’s first campaign fi- with our actions. House. But the torch is carried not nance reform legislation in 1971. That I yield the floor. only by his relatives. Part of Mo landmark disclosure law, which re- Mr. CHAFEE. Mr. President, I am Udall’s legacy—the humor, wit, dedica- quired federal candidates to file de- honored to cosponsor the resolution tion to public service, civility, and tailed public reports of their financing, honoring Mo Udall, introduced by Sen- honesty—lives within each of us, and remains one of the most important as- ator MCCAIN. the greatest tribute we can make to pects of election reform as we know it Mo Udall was one of those rare fig- Mo is affirm that legacy, carry it with today. ures who defines description. A great us through our careers, and pass it on As a member of the Post Office and statesman, a forceful environmental- to the next generation. Civil Service Committee, Mo led bat- ist, a civil rights champion, a talented Mr. KENNEDY. Mr. President, it’s an tles to improve pay scales for federal humorist, writer, athlete, and a won- honor for me to join in this tribute to employees, institute a system of merit derful family man—he was all those a wonderful friend and outstanding col- pay, and reform and strengthen the en- things and more. Mo Udall was larger league, Congressman Mo Udall. He tire Post Office Department. than life, and will forever live beyond served the people of Arizona with ex- Mo’s leadership was equally pre-emi- his life with a legacy that is woven traordinary distinction and he was a nent on many other issues. Somehow, into the fabric of our nation. dear friend to all of us in the Kennedy for thirty years, whenever you probed On protection of our natural re- family. to the heart of a major battle, you al- sources, Mo was a true pioneer. He Mo came from a remarkable family ways found Mo Udall championing the fought for environmental causes long with a long and respected history in rights of citizens against special inter- before they became popular. His first politics and public service. His grand- est pressure, defending the highest bills to protect Arizona lands came in father led a wagon train of settlers into ideals of America, and always doing it his early days as a Representative. He the territory in the 1880’s. His father with the special grace and wit that saw a need to protect the land for its served as chief justice of New Mexico’s were his trademark and that endeared intrinsic value, and for its reflection of State Supreme Court. His brother, him to Democrats and Republicans our own values as a society. He was a Steward Udall, served with President alike. visionary. Kennedy in Congress, and my brother I think particularly of his influential It took years of his tremendous dedi- respected his ability so much that he role in ending the Vietnam war. Mo cation and his omnipresent wit before appointed him to serve as secretary of Udall was one of the first members of his vision took hold, but what a vision Interior in the years of the New Fron- Congress in the 1960’s to break with the it was. One hundred million acres of tier. Today, Mo’s son, MARK, and his Administration and oppose the war. lands in Alaska are preserved through nephew, TOM, are carrying on the great Because of Mo, we were able to end the the Alaska Lands Act of 1980. One mil- Udall tradition of public service as war more quickly. lion acres of land in Arizona are pre- newly elected member of the House of served through the Arizona Wilderness Representatives. So the Chambers of I also think of his early battles to re- Act of 1984. Against great odds and Congress ring once again with the re- form the seniority system and to make after several Presidential vetoes, strip- spected Udall name. the Congress more responsive to the mining laws were reformed in 1977. Nu- Mo came to Congress a year before I people we serve. In carrying forward clear waste management was vastly did, and under similar circumstances. these efforts today, we continue to fol- improved in 1982. Mo Udall was the au- He was elected in 1961 to fill the seat low the paths he blazed so well thor of each of these initiatives, which vacated when his brother Stewart be- throughout his remarkable career. are only the highlights of an illustrious came Secretary of the Interior. Above all, I think of the extraor- career. Every working man and woman in dinary courage he displayed in his lat- Mo Udall was a pioneer in other America owes a debt of gratitude to Mo ter years, battling the cruel disease ways. He quit his law firm upon joining for his many years of distinguished that finally led to his resignation from the House in 1961, not the usual prac- public service. His brilliant leadership the Congress, in 1991, thirty years al- tice in those days. He was one of the on important environmental issues, most to the very day since he arrived first Congressmen to disclose his per- campaign financing, and reform of the in the House. in his final battle, as in sonal finances, before it was required. House of Representatives itself en- so many other battles, Mo won the re- He organized introductory sessions for deared him to all of us who knew him, spect and admiration and affection of freshman Congressmen, shedding light and to millions who benefited from his us all. and humor on the arcane ways of Con- extraordinary achievements. And through it all, Mo charmed gress, and fighting to reform some of On many issues, he was far ahead of friend and foe alike with his extraor- those ways. He championed the rights his time, and his courage in tackling dinary sense of humor. Mo came from a of Native Americans, supporting their difficult challenges in a Congressional small town named St. Johns in Ari- efforts to protect their lands, families career of thirty brilliant years was ad- zona, and he loved to tell people that and welfare. His integrity and honesty mired by us all. President Kennedy he knew something about small towns. were untouchable. When he was right would have called him a profile in As he said, ‘‘I was in fifth grade before on an issue, he was gracious about it, courage, and so do I. I learned the town’s name wasn’t ‘Re- and when he was wrong on an issue, he As Chairman of the Interior Commit- sume Speed.’ ’’ was honest about it. tee, Mo was ‘‘Mr. Environment’’ in the He was also the master of the self- Mo Udall’s legacy survives in many Congress, urging the nation to deal deprecating joke. He often told the ways. As a tribute to his 30 years of more effectively with the increasingly story of his visit to New Hampshire public service, Congress created the urgent environmental challenges we during the presidential primaries in his Morris K. Udall Foundation in 1991, faced. He worked hard to designate 1976 campaign. At one stop, his advance which provides scholarships for Native millions of acres of federal lands as woman urged him to shake a few hands American students, and the mediation wilderness, and to enact landmark leg- in a nearby barber shop. So he stuck of environmental disputes. Mo always islation to regulate the strip mining his head in the door and said, ‘‘I’m Mo attempted to balance the often con- industry and manage nuclear waste. Udall, and I’m running for President!’’ flicting desires of conservationists and Mo was at the forefront of efforts year The barber replied, ‘‘Yes, I know. We developers, as he did in writing legisla- after year to protect the environment, were just laughing about that this tion for the Central Arizona Project. I expand the country’s national parks, morning.’’ S2346 CONGRESSIONAL RECORD — SENATE March 4, 1999 His brilliant wit could ease even the look forward to working with him in coordination of all Parkinson’s initia- tensest moments and bring people to- the same manner as I worked with his tives across the Department of Health gether. When Mo Udall laughed, Con- uncle. TOM and Mo’s son, MARK UDALL, and Human Services. gress and the nation laughed with him, do have big shoes to fill, but they also On a personal note, I agree with the and then went on to do the nation’s have an exemplary model to follow, conventional wisdom that Mo had a business more effectively. and I trust they will carry on the Udall marvelous sense of humor, as exempli- I have many warm memories of the tradition of unswerving integrity and fied in his book, ‘‘Too Funny to be years that Mo and I served together in honor. President.’’ One of my favorite anec- Congress. In so many ways, Mo was a Arizona has lost a beloved native son, dotes originates during his bid for the Congressman for all seasons. He served and New Mexico has lost a good friend Democratic nomination for the presi- the people of Arizona and America long and neighbor. His wit, grace and un- dency in 1976. Dutifully campaigning and well. We miss his statesmanship, flagging passion for the West will be for the New Hampshire primary, he in- and we miss his friendship too. We miss missed by all of us who had the privi- troduced himself to a barber as ‘‘Mo you, Mo, and we always will. lege to work with him. Udall, running for President.’’ The man Mr. DOMENICI. Mr. President, I Mr. INOUYE. Mr. President, I would chuckled and proceeded to respond, ‘‘I would like pay tribute to one of the like to take this moment to remember know. We were laughing about that most widely admired and respected an extraordinary and respected individ- just this morning.’’ Members of Congress of this half of the ual. I join the multitude of people who Mo’s accomplishments during his dis- century, Morris ‘Mo’ Udall. noted the passing of Morris K. Udall on tinguished career are innumerable, It has been said that Mo Udall rep- December 13, 1998 with much sadness. from his tireless promotion of environ- resented a time when friendships He will be sorely missed, especially by mental conservation to his efforts to mattered more than politics. Indeed, he those of us who had the great privilege preserve the rights of our country’s was an honest and straightforward per- of knowing him and benefiting from his most vulnerable populations. I am son in a town notoriously short on such goodwill and humanitarianism. pleased to join my colleagues in sup- people, and he always tried to foster As a distinguished Member of the porting this resolution to honor one of cooperation, especially among rep- United States House of Representatives the most civil, respected, and effective resentatives from the Western states. for more than 30 years, Morris K. legislators of our time, Mr. Morris We collaborated on many issues over Udall’s leadership, diligent efforts and King Udall, and I extend my sincere the years, and I considered him a very commitment to his duties have added a condolences to the Udall family for good friend. measure of integrity to the Congress. their loss. During the 1980’s we served as co- History should record that throughout Mr. BIDEN. Mr. President, perhaps chairman of the Copper Caucus and his career, Morris K. Udall was of great because of the title of his book, ‘‘Too worked to help address the serious intellect and a champion for those who Funny to Be President,’’ a lot of people issues facing the American copper in- had little voice. He was an eloquent will remember Morris Udall chiefly for dustry at the time. Together, we cham- spokesman for the rights of Native his wit and his humor. And that, in and pioned the cause of a new dollar coin, Americans, a leader in education and of itself, is not a bad way to remember which, I’m pleased to say, is scheduled environmental protection, and a true Mo Udall. Because all of us need to re- to go into circulation next year. We advocate for all Americans who suffer member that while what we do, and the also worked to craft a sound nuclear from Parkinson’s disease. issues we deal with, are serious mat- waste management policy, and as The people of Arizona have lost a ters, there is neither need nor reason Chairman of the House Committee on true son and great friend. We will miss to take ourselves too seriously. Morris Interior and Insular Affairs, his help him. I will miss him. Udall excelled in using humor to re- was invaluable in designating parks, Mr. SPECTER. Mr. President, I have mind us of that. wilderness, and other recreation areas sought recognition today to honor the But his quick wit and often self-dep- in New Mexico. memory of our distinguished colleague, recating humor never could mask his I believe it is this area—land stew- Morris K. Udall, who tirelessly infused deeply-rooted commitment to public ardship—where he left his most indel- into American politics his eloquent service, his love of the land and people ible mark. He cherished the land not humor, grace, and dignity during his of Arizona, and the seriousness with only for the natural resources it can thirty year career in the U.S. House of which he took his responsibilities to provide, but for its recreational and ec- Representatives. His death from Par- the Congress, to his state and its peo- ological value as well. Under his 14 kinson’s Disease on December 12, 1998, ple, and to this nation. year leadership, the House Interior was a great loss for the American peo- Morris Udall was a legislator in the Committee became one of the most ef- ple, and I am honored to have served most proud tradition of the term. He ficient and effective committees in with Mo and to preserve his legacy in understood that legislation is the proc- Congress, sometimes responsible for a our continued efforts to cure Parkin- ess by which we recognize a problem or quarter of the legislation passed by the son’s Disease. an injustice and, as a nation, under- House of Representatives. It is true I must point out that over one mil- take to rectify that wrong. He under- that every person who stops to take a lion Americans suffer from Parkinson’s stood that legislation did not mean in- picture at a national park or hikes Disease symptoms, and 60,000 more are troducing a bill and putting out a press through a wilderness area owes a debt diagnosed each year; one every nine release; that legislation was not com- of gratitude to Mo Udall. His efforts in minutes. About forty percent of those plete simply because we held a hearing this area have touched us all. patients are under age 60, and advanced to let everyone know that we were Perhaps the second greatest legacy symptoms leave people unable to com- aware of the problem; or that simply Mo Udall leaves behind is his legendary plete their working careers. The dis- because a bill was passed and signed humor. In his 1988 book ‘‘Too Funny to ease is estimated to cost our nation into law our responsibilities were be President,’’ he wrote ‘‘It’s better to about $25 billion annually. To help ease ended. have a sense of humor than no sense at this suffering and remove the economic Mo Udall understood that until—at all.’’ Mo put this ‘‘sense’’ to good use, burden of Parkinson’s Disease, I was the instigation of the legislation we often employing it to make a point or pleased to be an original cosponsor of passed and under our oversight—some- defuse a tense situation. His philoso- the Morris K. Udall Parkinson’s Re- one from the United States govern- phy was that the best political humor search and Education Act, signed into ment actually went out there and cor- always ‘‘has a little love behind it,’’ law on November 13, 1997 and sponsored rected the problem, ended the injus- and I can hardly think of a man more by our distinguished colleagues Sen- tice, or righted the wrong, the legisla- loved by his peers than Mo Udall. ators MCCAIN and WELLSTONE. The tive process was not complete and our Today, a new generation represents Udall bill authorized a comprehensive job remained undone. And Mo Udall the Udall name in Congress. Mo’s neph- Parkinson’s Disease research and edu- was always willing to stay the course ew, TOM UDALL, is the newest member cation program within the National In- until we had fully met our responsibil- of the New Mexico Delegation, and I stitutes of Health, and improved the ities. March 4, 1999 CONGRESSIONAL RECORD — SENATE S2347 He is probably most remembered for the campaign trail, away from the zona and his nation with great distinc- his environmental initiatives; for his harsh debate, where friendships can de- tion until his resignation on May 4, belief that this land is the most sacred velop regardless or partisan political 1991. I was elected to the House of Rep- trust bestowed upon the American peo- stripe or ideology. He could count resentatives on November 3, 1970 and ple—and that blessed as we are by vast among his friends liberals and conserv- am proud to have served in the House natural beauty and resources, we have atives, Democrats and Republicans; with Mo Udall during the 92nd, 93rd and a moral responsibility to preserve and simply because of his decency, his 94th Congresses. protect that trust and to make wise character, his interest in so many Mr. President, Mo Udall was one of use of those resources. things both within and outside the po- the most productive and creative legis- Anyone who has ever seen the natu- litical arena, and yes, his humor. lators of his time. He chaired the ral wonder that is the Arizona land- And perhaps most of all—at least in House Committee on Interior and Insu- scape understands at once the roots of terms of his relationships with those of lar Affairs from 1977 to 1991 and used Mo Udall’s love for this land. Clearly us here in the Congress—because Mor- this position very effectively to move he had a vision that generations yet ris Udall could look beyond all of our numerous important environmental unborn should grow up and enjoy na- differences and see that which I believe measures through the Congress. The ture’s bounty and splendor just as he all of us have in common: the desire to National Wildlife Federation named had. And my granddaughters—and make life better for our children, our Mo Udall its Legislator of the Year in their grandchildren—will have that op- neighbors, our states, and out nation. 1974 and in 1980 Congress passed his portunity in large part because of That, I hope, will be as much a last- Alaska Lands Act, which doubled the years of hard work by Mo Udall. They ing part of Morris Udall’s legacy as the size of our national park system and will have the opportunity to enjoy and natural wonders that will be there for tripled the size of the national wilder- appreciate America’s natural wonders our grandchildren because Mo Udall ness sytem. His accomplishments in and resources not just in Arizona but recognized a need and saw it’s resolu- this critical area reflect a Westerner’s across this land. And Morris Udall’s tion through. deep love and respect for the land. family—including a son and a nephew Mr. CAMPBELL. Mr. President, Mo Udall’s intelligence, sense of who have followed him here to the Con- today I join my friend and colleague humor and civility endeared him to his gress, as well as his brother Stewart from Arizona, Senator MCCAIN, as an colleagues and to the citizens of Arizo- who proceeded him to the House of original cosponsor of his resolution to na’s District 2 whom he served so well. Representatives and then moved on to recognize the life and achievements of He was the keynote speaker at the become Secretary of the Interior and a remarkable man, the late Congress- Democratic National Convention in was a partner in many of Mo’s accom- man from Arizona, Morris K. ‘‘Mo’’ 1980 and was paid a special tribute by plishments—can point to so much: Udall. the Democratic Party during the 1992 acres and acres of natural beauty, Congressman Udall served with dis- national convention. clean water, and spectacular wildlife, tinction in the House of Representa- When Mo Udall retired in 1991, Wash- and say, ‘‘There, that is part of Morris tives from 1961 to 1991. Until the ad- ington Post reporter, David Broder, Udall’s legacy.’’ vanced stages of Parkinson’s disease had this to say: But there is another aspect to Morris forced him into early retirement, Mo The legacy he left is imposing and endur- Udall’s legacy that I hope will be re- was an active and vital member of Con- ing, it ranges from strip mining and Alaska membered equally, and that is his un- gress. I came to know him well during wilderness legislation to the reform of ar- chaic committee and floor procedures that derstanding of both the role and the my years in the House when Congress- congressional barons had used to conceal limits of politics. He was an enor- man Udall chaired the House Commit- their arbitrary power. For a whole genera- mously talented politician, winning re- tee on Interior and Insular Affairs. tion of congressmen, Udall became a mentor election year after year through chang- Congressman Udall’s death this past and a model, he was special and precious to ing times and shifting constituencies, December marked the end of his coura- many of us. and building a national following geous battle against Parkinson’s dis- Mr. President, Mo Udall was special. through his work on issues whose scope ease and of a life-long dedication to He provided a positive and unifying reached far beyond the boundaries of public service. His commitment and de- force in the U.S. Congress which has his congressional district. And he un- votion to the environment, government been sorely missed. He was a good derstood that politics is important, be- reform, health care and civil rights ad- friend and respected colleague in the cause the political process is the way vanced these causes and established a public service, and I would like to take in which a democracy defines its prior- legacy that will not soon be forgotten. this opportunity to pay tribute to him ities and allocates its resources. However, as a former athlete myself, I and to extend my deepest and heartfelt But Morris Udall understood that will forever remember Mo as the 6-foot, sympathies to his family. politics has its limits as well. That 5-inch former professional basketball Ms. SNOWE. Mr. President, with the whatever our internal debate, partisan player, with a heart of gold and won- passing of Morris K. Udall on December politics must end at the water’s edge derful sense of humor. 12, 1998, there is a little less humor, and and the nation’s borders and that It is impossible to fully recognize the humanity in the world. Americans will speak with one voice impact that Congressman Udall’s tire- On that day, the nation lost a re- when it comes to dealing with the less efforts have had on this Congress, markable man of unyielding warmth world, and ensuring our national inter- the State of Arizona, and our Nation. and uncompromising ethics—and an in- ests. He also said that when it came to Mere words cannot express the re- dividual who increased the stock of the people of Arizona, they had not spect, gratitude and sense of loss that public service by adhering to the very elected Morris Udall to be a Demo- we feel for this extraordinary man. I highest principles of leadership. Mo cratic Congressman just as they had can only say, ‘‘Thank you, Mo.’’ We Udall exemplified all that is noble not elected Barry Goldwater to be a will all miss you. about our field of endeavor, and I was Republican Senator. They had elected Mr. SARBANES. Mr. President, I rise honored to serve with him in the House an Arizona congressman and an Ari- today to join my colleagues in honor- of Representatives. He was a man of zona senator to look out for their in- ing a distinguished public servant and stature in every sense in the world, and terests and the interests of their state. a highly respected Member of the his legacy still looms large on Ameri- And whether Carl Hayden or Barry United States Congress, Morris K. ca’s political landscape. I admired him Goldwater or John Rhodes or Dennis Udall, who died on December 12, 1998. as a colleague and a person. DeConcini shared his party label or Mo Udall was elected to the U.S. Mo Udall was truly an American not, he joined with them to look out House of Representatives in a special original, a son of the great Southwest for the interests of the people of Ari- election held on May 2, 1961, succeeding who seemed at home wherever he was. zona here in the Halls of Congress. his brother, Stewart, who had resigned He had a natural way with people— And there was somewhere else that from the House to serve as Secretary of maybe because he had a way of making Mo Udall believed politics had its lim- the Interior in the Kennedy Adminis- everyone feel important, feel like they its, and that was off the House floor or tration. He served the citizens of Ari- had something to contribute. His faith S2348 CONGRESSIONAL RECORD — SENATE March 4, 1999 in people was genuine and unwavering, wasn’t proud to be a Democrat—indeed, life, rivers, forests and wilderness as was his belief in the power of gov- he was fiercely proud of his political areas. ernment to be a positive force in the affiliation—but at the end of the day, Throughout his career, Mo Udall was lives of those he served. he always favored progress over party, in the front ranks of those who fought I always had a sense that Mo was civility over shrillness, and solutions for accountability and reform in public someone who truly enjoyed what he over sound bites. He was more inter- office. He battled for campaign finance did, and felt privileged to be doing it. It ested in fixing problems than scoring reforms, and reforms in the Congress saddened me deeply when I last saw political points, and that made him a itself, including financial disclosure, Mo, in the grips of a cruel and unfor- winner in the eyes of his constituents reform of the seniority system, and giving disease. But that disease, while as well as a hero to all those who see lobby reform. He was among the lead- it deprived Mo of so much of the life public service as a worthy pursuit. ers of the fight in 1971 for the Federal he’d always known, never managed to In closing, let me just say that, for Election Campaign Act, the first sub- wrest from him his dignity. And my all of Mo’s accomplishments, perhaps stantial revision of campaign financing sadness was tempered by the notion time will prove this last one to be his laws since 1925. that this was a man who could look greatest. For Mo Udall was living proof In his 1988 book, ‘‘Too Funny To Be back on his life’s work and feel that it that there are good people in politics. President’’, Mo Udall revealed that his stood for something. That it had truly At a time when cynicism about govern- ‘‘guiding light’’ came from Will Rogers: made a difference. And I think that all ment is considered intellectually chic, ‘‘We are here for just a spell and then of us in public service would like to be Mo Udall reminds us all that integrity pass on. So get a few laughs and do the able to say that when all our votes and hard work never go out of style. If best you can. Live your life so that have been cast and our tenure in this the reputation of an institution is like whatever you lose, you are ahead.’’ great institution has passed into his- the balance in a bank account—the Mr. President, Morris ‘‘Mo’’ Udall is tory, in that regard, we should all be as sum of its credits and debits—then Mo way, way ahead. fortunate as Morris K. Udall. Udall made more than his share of de- Mr. SMITH of Oregon. Mr. President, Similarly, we can all take lessons posits over his 30 years in Congress. Morris King Udall is my cousin. But he from his extraordinary life. He brought And he never withdrew a dime. is more than a kinsman to me. He is a good cheer and laughter to a process Today, Congress is the richer for it, political exemplar and a source of wis- that needs humor like an engine needs public service is the richer for it, and dom and humor still. I lament his pass- oil—without it, the wheels of govern- the American people are the richer for ing but I rejoice in his legacy. ment seize up; political discourse over- it. I was but a boy of 8 years when Mor- heats. Indeed, as Mo himself once Mr. LEVIN. Mr. President, I rise to ris was elected to Congress from Ari- wrote, ‘‘In times of national strife, pay tribute to one of the greatest zona to replace his brother Stewart. It humor can bring a diverse society clos- Americans to serve our Nation in this was 1960 and Stewart Udall became the er together * * * In times of national Capitol in this century. Interior Secretary for John F. Ken- tragedy, disappointment, or defeat, po- Mo Udall was a man of grace, humor nedy. It was then that I realized more litical humor can assuage the nation’s and dignity. In this time in Washing- fully my maternal heritage to public grief, sadness or anger, and thus make ton when we have all suffered under service. My mother, Jessica Udall bearable that which must be borne.’’ the burden of too much partisanship Smith, often held up the service of Of course, while Mo never took him- and too much personal vitriol in our Morris and Stewart Udall as public ex- self too seriously, he understood full political life, it would serve us well to amples worthy to follow in order to well the gravity of his work. Again, to contemplate the life of Mo Udall. This make the world a better place and to use Mo’s own words, ‘‘* * * the business is a man who fought hard for what he lighten the burdens of human kind. of government is serious business, and believed. This is a man who entered I grew up as best I could in the tall in politics, as in any other endeavor, more than his share of bruising politi- shadows of Udall giants. I choose to wisecracks are no substitute for sub- cal battles and yet used his enormous follow their path to pubic service. The stance.’’ wit to soften the edges and to civilize way is sometimes hard and the storms Certainly, there was no lack of sub- the struggle. More often than not, the many. But it is a way made easier by stance in Mo Udall’s record, as even a butt of the humor was Mo Udall, him- the humor of Morris Udall. He taught cursory review of his accomplishments self. When we who work here in Wash- me that humor directed at oneself is would reveal. Deeply committed to en- ington take ourselves too seriously, we usually best and often funniest. He vironmental issues, he worked toward might remember Mo’s explanation that wrote to me that the only cure for po- a healthier world for future genera- he was ending his 1976 campaign for the litical ambition is embalming fluid. He tions. Determined to erase the divi- Presidency after six second-place fin- told me to use any of his jokes ‘cause sions among us, he helped champion ishes in Democratic primaries ‘‘be- he’d ‘‘stole ‘em all fair ‘n square.’’ civil rights. Weary of abuse in our na- cause of illness. The voters got sick of I learned from him that the greatest tion’s elections, he fought for cam- me.’’ He loved to quote Israeli Prime thing about the United States of Amer- paign finance reform. Respectful of the Minister Golda Meir’s warning, ‘‘Don’t ica is not that any boy or girl can grow natural beauty with which we’ve been be humble, you’re not that great.’’ up to be President, but that any boy or blessed, he introduced legislation to Mo Udall was both humble and great. girl can grow up making fun of the protect our nation’s most precious re- Mo Udall’s sense of humor was so much President. I learned all of this from sources. a part of his legacy that we sometimes cousin Mo and so, so much more. And mindful of the solemn respon- forget his towering accomplishments May God bless the memory of Morris sibility we have to those who first oc- as an environmentalist and reformer. I K. Udall and may we all fondly remem- cupied these lands, he was a trusted worked with Mo on one of his signal ac- ber him too. friend to native Americans. In fact, Mo complishments the passage in 1980 of Mr. FEINGOLD. Mr. President, I join was chairman of the House Committee the Alaska Lands Act which more than today with my colleagues the Senior on Interior and Insular Affairs when I doubled the size of the national park Senator from Arizona (Mr. MCCAIN) fought for federal recognition of the system and which President Jimmy and the Senior Senator from Massachu- Aroostook Band of Micmac Indians in Carter called ‘‘the most important con- setts (Mr. KENNEDY) to pay tribute to northern Maine—and I will forever ap- servation legislation of the century’’. Morris K. Udall. While my friends from preciate all of his wise guidance, input, Among his many successful efforts to Arizona and Massachusetts enjoyed di- and assistance. protect our nation’s environment was rect personal and working relation- Throughout it all, and despite his his decade-long battle in the 1970’s to ships with Mo Udall, I never knew him. deeply held beliefs, Mo Udall never pass tough strip mining reclamation But, I believe that those members of viewed ‘‘bipartisanship’’ as a four let- legislation. As Chairman of the House this body who worked with Mo Udall ter word. He knew that reaching out Interior Committee he repeatedly led were infected by his unwavering com- will always be more effective than efforts to expand the national park sys- mitment to his colleagues and share digging in. That’s not to say Mo Udall tem and to protect the nation’s wild- Udall’s desire to work in a bipartisan March 4, 1999 CONGRESSIONAL RECORD — SENATE S2349 fashion. I feel that I am a part of this It is my understanding that following Americans throughout our nation. I legacy, and that is why I am joining in his unsuccessful campaign for Presi- want to thank them for electing Mo paying tribute to Udall’s life. dent, Udall framed that Milwaukee Udall in 1961, and for continuing to do Central parts of Udall’s legislative Journal Sentinel cover and it remained so in each of the 15 elections that fol- agenda were his commitment to the re- hanging on the wall within arm’s lowed. The Second District of Arizona form of campaign financing and his length of his desk in his Capitol Hill of- shared with the entire nation a leader commitment to environmental protec- fice. who truly improved our cultural and tion. In 1967, Udall wrote in a constitu- Second, Wisconsinites truly appre- natural heritage. ent newsletter about the perilous posi- ciated an accomplished national legis- Mo Udall was a visionary. He came to tion in which the drive to raise money lator who could laugh at himself. Congress in 1961 and put that vision places young aspiring legislators. He That’s a rarity in politics. It’s also why into action. As Chairman of the House argued, setting the stage for the reform Udall is being remembered with such Interior and Insular Affairs Committee of the 1970s, that ‘‘drastic changes’’ respect and affection from both sides of from 1977 to 1991, Mo was responsible were ‘‘needed to breathe new life into the political aisle. It is my understand- for some of our most progressive envi- American politics and recapture our ing that Udall always had a one-liner. ronmental accomplishments—designat- political system from the money When Udall wrote a book about his ’76 ing millions of acres of federal lands as changers.’’ I am inspired by Udall’s re- campaign, he called it ‘‘Too Funny to wilderness, banning development on marks, in my own work on campaign Be President.’’ A few of Washington’s millions of acres in Alaska, and re- finance reform with the Senior Senator more somber commentators had sug- forming strip mining and nuclear waste from Arizona (Mr. MCCAIN), especially gested in ’76 that Udall was too witty management. when I reflect on the fact that these to be taken seriously. Udall disagreed: His conservation ethic is what I, and are neither new nor resolved problems. ‘‘I’ve had a lot of letters about it. Peo- so many others, respected about him I also share Mo Udall’s great respect ple found it a very appealing char- most. But there was more to him than for America’s public lands. I have been acteristic. They don’t like pomposity. I that. He was widely regarded for his a co-sponsor of the bill to protect the took problems seriously—but not my- sharp wit and keen intellect. For so coastal plain of the Arctic National self. The humor was directed at me, at many reasons, he was respected by his Wildlife refuge for three Congresses, other politicians, at the political proc- Congressional colleagues, as well as the and I have joined in the fight to pro- ess. I thought it was a big asset. It press and the public. tect the public lands of Southern Utah. showed some stability and sensitivity.’’ When Mo retired from Congress, Both of these campaigns date back to That book describes a 1976 campaign David Broder wrote, ‘‘The legacy he unfinished business that Udall began discussion in Wisconsin that Udall had left is imposing and enduring. It ranges with the Alaska Lands Act and with with a 70-year old farmer in the north- from strip mining and Alaskan wilder- his commitment to designating and ern part of my state. According to ness legislation to the reform of ar- protecting our country’s special wild Udall, the farmer asked: ‘‘Where are chaic committee and floor procedures places. you from son?’’ ‘‘Washington, DC,’’ that congressional barons had used to In addition to conveying my own ad- Udall replied. ‘‘You’ve got some pretty conceal their arbitrary power. For a miration for Mo Udall, I am also here smart fellas back there ain’t ya?,’’ said whole generation of congressmen, to share the reflections of my own the farmer. ‘‘Yes sir, I guess we do.’’ Udall became a mentor and a model— home state. Wisconsinites have a spe- ‘‘Got some that ain’t so smart too, and they will miss him as much as the cial fondness for Mo Udall for several ain’t ya?,’’ the farmer continued.’’ press galleries do.’’ reasons. Udall, who began his presi- ‘‘Well,’’ Udall replied, ‘‘I guess that’s Just last week, I joined Congressman dential quest as a long shot, a rel- true too.’’ ‘‘Hard to tell the difference, GEORGE MILLER in introducing a piece atively unknown Arizona congressman, ain’t it,’’ the farmer concluded with a of legislation that I hope would make turned out to be a serious contender laugh. Having traveled to every one of Mo Udall proud. It is up to those of us for the presidency. With his special Wisconsin’s 72 counties every year as still in Congress to carry on his legacy brand of humor, Udall was a reformer part of my commitment to hold an an- of environmental responsibility. Lucky who didn’t come across as self-impor- nual town meeting, I share Udall’s de- for us, there are two new Udalls in tant. He outlasted bigger-name con- light in this anecdote and his charac- town. Mo’s son, MARK UDALL, was just tenders and became Jimmy Carter’s terization of this truly Wisconsin ex- elected to Congress from Colorado, and major rival for the nomination. change ‘‘In a democracy, you see,’’ his nephew, TOM UDALL, was elected to As a presidential candidate, Udall Udall said, ‘‘the people always have the Congress from New Mexico. I look for- was unafraid to describe himself as last laugh.’’ ward to working with them both. With part of a political tradition near and Udall will be long remembered for his their help, maybe we will be able to dear to the heart of the Badger State— character and fundamental decency. sustain the Udall environmental vi- progressivism. ‘‘Liberal,’’ Udall said, Without him, we must all strive to put sion. was just a buzzword. He didn’t mind an- issues before party and to complete the Mr. JEFFORDS. Mr. President, I ask swering to it but by his standards he people’s business. On behalf of myself unanimous consent that the resolution felt that he should more accurately be and the citizens of my state, I wish to be agreed to; that the preamble be described as a ‘‘progressive,’’ in the convey our greatest sympathy to Mo agreed to; that the motion to recon- tradition of Wisconsin’s Fighting Bob Udall’s family. We are a greater coun- sider be laid upon the table; and that LaFollette and in line with the presi- try for his service. I yield the floor. any statements relating to the resolu- dencies of Woodrow Wilson, Franklin Mrs. BOXER. Mr. President, this Na- tion be printed in the RECORD. Roosevelt and John Kennedy. During tion lost one of its great leaders when The PRESIDING OFFICER. Without the 1976 campaign, a commitment to Morris K. Udall passed away on Decem- objection, it is so ordered. progressivism nearly handed him Wis- ber 12, 1998. I was lucky enough to The concurrent resolution (S. Con. consin’s nod. Udall’s biggest dis- serve with Mo for ten years in the Res. 15) was agreed to. appointment was in Wisconsin, where House of Representatives. He was an The preamble was agreed to. two networks declared him the winner inspiration to me when I first came to The resolution, with its preamble, is and the April 7, 1976 Milwaukee Jour- Congress, an able representative of the as follows: nal Sentinel’s front page declared: people of Arizona, and an accomplished S. CON. RES. 15 ‘‘Carter Upset by Udall.’’ After going leader for our nation. Whereas Morris King Udall served his Na- to bed as the winner of Wisconsin, Mo Udall served the people of the tion and his State of Arizona with honor and Udall woke up as the runner-up when Second District of Arizona for 30 years. distinction in his 30 years as a Member of the Carter pulled it out by less than 1% of I want to thank the citizens of Arizo- United States House of Representatives; Whereas Morris King Udall became an the vote. Those premature reports na’s Second District for blessing our internationally recognized leader in the field turned out to be as close to victory as entire nation with a Congressman of conservation, personally sponsoring legis- Udall got in the Democratic primaries whose dedication and service rep- lation that more than doubled the National that year. resented the voices of millions of Park and National Wildlife Refuge systems, S2350 CONGRESSIONAL RECORD — SENATE March 4, 1999 and added thousands of acres to America’s son to the Government Printing Office, Director of Printing and Document Services National Wilderness Preservation System; managing all of the Senate’s official on November 16, 1996; Whereas Morris King Udall was also instru- printing. The office assists the Senate Whereas, as Director of Printing and Docu- mental in reorganizing the United States by coordinating the preparation, sched- ment Services, he has executed the impor- Postal Service, in helping enact legislation tant duties and responsibilities of his office to restore lands left in the wake of surface uling, and delivery of Senate legisla- with efficiency and constancy; mining, enhancing and protecting the civil tion, hearing transcripts, committee Whereas, Barry Wolk has demonstrated service, and fighting long and consistently to prints and other documents to be print- loyal devotion to the United States Senate safeguard the rights and legacies of Native ed by GPO. In addition, the office as- as an institution. Now, therefore, be it Americans; signs publication numbers to each of Resolved, That the Senate expresses its ap- Whereas in his lifetime, Morris King Udall these documents; orders all blank preciation to Barry J. Wolk for his years of became known as a model Member of Con- paper, envelopes and letterhead for the faithful service to his country and to the United States Senate. gress and was among the most effective and Senate; and prepares page counts of all admired legislators of his generation; SEC. 2. That the Secretary of the Senate Whereas this very decent and good man Senate hearing transcripts in order to shall transmit a copy of this resolution to from Arizona also left us with one of the compensate commercial reporting com- Barry J. Wolk. most precious gifts of all — a special brand panies for the preparation of hearings. f of wonderful and endearing humor that was The Office of Printing and Document distinctly his; Services is also responsible for provid- ORDERS FOR FRIDAY, MARCH 5, Whereas Morris King Udall set a standard ing copies of legislation and public 1999 for all facing adversity as he struggled laws to the Senate and general public. Mr. JEFFORDS. Mr. President, I ask against the onslaught of Parkinson’s disease I commend Barry Wolk for his dedi- unanimous consent that when the Sen- with the same optimism and humor that were the hallmarks of his life; and cated service to this institution and ate completes its business today, it Whereas Morris King Udall in so many wish him many years of health and stand in adjournment until 9:30 a.m. on ways will continue to stand as a symbol of happiness in his retirement. Friday, March 5. I further ask unani- all that is best about public service, for all Mr. DASCHLE. Mr. President, I am mous consent that on Friday, imme- that is civil in political discourse, for all pleased today to recognize Barry Wolk, diately following the prayer, the Jour- that is kind and gentle, and will remain an Director of Printing and Document nal of proceedings be approved to date, inspiration to others: Now, therefore, be it Services, as he concludes over 23 years the morning hour be deemed to have Resolved by the Senate (the House of Rep- of service to the United States Senate. expired, the time for the two leaders be resentatives concurring), That the Congress— (1) has learned with profound sorrow of the I know I speak for all of my colleagues, reserved and the Senate then resume death of the Honorable Morris King Udall on their staffs and others in the Senate consideration of S. 280, the Education December 12, 1998, and extends condolences community in acknowledging his ex- Flexibility Partnership Act. to the Udall family, and especially to his cellence service. The Senate is well The PRESIDING OFFICER. Without wife Norma; served by staff such as Mr. Wolk—peo- objection, it is so ordered. (2) expresses its profound gratitude to the ple who are dedicated to the Senate f Honorable Morris King Udall and his family and serve without partisanship year PROGRAM for the service that he rendered to his coun- after year in carrying out critical ad- try; and ministrative functions without which Mr. JEFFORDS. Mr. President, for (3) recognizes with appreciation and re- the information of all Senators, the spect the Honorable Morris K. Udall’s com- any institution could not carry out its mitment to and example of bipartisanship mission. Senate will reconvene on Friday at 9:30 and collegial interaction in the legislative Mr. Wolk has spent his Senate career a.m. and resume consideration of S. process. serving in the Office of the Secretary 280, the Ed-Flex bill. Amendments are SEC. 2. TRANSMISSION OF ENROLLED RESOLU- of the Senate. He has carried out the expected to be offered and debated dur- TION. Secretary’s statutory responsibilities ing Friday’s session. Therefore, Mem- The Secretary of the Senate shall transmit to ensure that Senate committee hear- bers should expect at least one rollcall an enrolled copy of this concurrent resolu- ings are printed and has supplied Sen- vote prior to noon. The leader would tion to the family of the Honorable Morris like to remind Members that a cloture King Udall. ators’ offices and committees with sta- tionary and other necessary items.He motion was filed this evening to the f also assisted the Secretary in reducing Jeffords substitute amendment, and EXPRESSING APPRECIATION TO the cost of these services through auto- that vote will occur at 5 p.m. on Mon- BARRY WOLK ON HIS RETIREMENT mation. day, March 8. Also, under rule XXII, all Senators have until 1 p.m. on Friday in Mr. JEFFORDS. Mr. President, I ask The Senate is fortunate to have so order to file timely first-degree amend- unanimous consent that the Senate many long-term and dedicated employ- ments to the substitute. proceed to the immediate consider- ees like Barry Wolk. As Barry leaves f ation of S. Res. 58, submitted earlier the Senate and enters a new phase of his life, I join my colleagues in wishing today by Senators LOTT and DASCHLE. ORDER FOR ADJOURNMENT him and his family well. The PRESIDING OFFICER. Without Mr. JEFFORDS. Mr. President, if objection, it is so ordered. The clerk Mr. JEFFORDS. Mr. President, I ask unanimous consent that the resolution there is no further business to come be- will report. fore the Senate, I now ask unanimous The legislative clerk read as follows: be agreed to; that the preamble be agreed to; that the motion to recon- consent that the Senate stand in ad- A resolution (S. Res. 58) relating to the re- journment under the previous order, tirement of Barry J. Wolk. sider be laid upon the table; and that any statements relating to the resolu- following the remarks of Senator The Senate proceeded to consider the tion appear at the appropriate place in DASCHLE. resolution. the RECORD. The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, on March The PRESIDING OFFICER. Without objection, it is so ordered. 25, 1999, Barry Wolk, who has faithfully objection, it is so ordered. Mr. JEFFORDS. Mr. President, I sug- served the United States Senate for The resolution (S. Res. 58) was gest the absence of a quorum. nearly 24 years, will retire. Barry agreed. The PRESIDING OFFICER. The began his career in September 1975 as The preamble was agreed to. clerk will call the roll. Technical Advisor to the Secretary of The resolution, with its preamble, is The legislative clerk proceeded to the Senate. In January of 1983, he was as follows: call the roll. appointed Director of Printing Serv- Mr. DASCHLE. Mr. President, I ask S. RES. 58 ices, and in November 1996, Barry as- unanimous consent that the order for sumed the responsibilities of Director Whereas, Barry J. Wolk will retire from the quorum call be rescinded. service to the United States Senate after of the newly created Office of Printing twenty-four years as a member of the staff of The PRESIDING OFFICER. Without and Document Services. the Secretary of the Senate; objection, it is so ordered. Since 1996, the Office of Printing and Whereas, his hard work and dedication re- Mr. DASCHLE. Mr. President, let me Document Services has served as liai- sulted in his appointment to the position of thank you and members of the floor March 4, 1999 CONGRESSIONAL RECORD — SENATE S2351 staff for your patience. I appreciate nowned Mayo Clinic in Rochester, MN. his decision. He read every one of very much your indulgence of my need He later called this ‘‘the happiest dec- them. Once when he was asked why, he to come to the floor. I want to talk ade’’ in his life, because it gave him ‘‘a replied, simply, ‘‘I want to know what briefly about a very important develop- foot in both camps—law and medi- the people who wrote are thinking.’’ ment today. cine.’’ He understood why Roe v. Wade pro- f A lifelong Republican, Justice Black- duced such strong passions in people— mun was nominated in November of because it had elicited strong feelings TRIBUTE TO JUSTICE HARRY 1959 by President Eisenhower to the in him. BLACKMUN U.S. Court of Appeals’ Eighth Circuit. In 1983, he gave a long interview to a Mr. DASCHLE. Mr. President, for 24 At the time, he was labeled a conserv- reporter—something that remains years Justice Harry Blackmun gave ative. nearly unprecedented for a Supreme voice on the highest court in this land In April of 1970, he was nominated by Court Justice. In that interview, he re- to ordinary Americans. He gave voice— President Nixon to the Supreme Court. called what it was like to write the in his own words—to ‘‘the little guy.’’ He had been recommended to President opinion in that landmark case. Early this morning, that voice was si- Nixon by a man with whom he had I believe everything I said in the second lenced. Harry Blackmun died at the been friends since they attended kin- paragraph of that opinion, where I agonized, age of 90. dergarten together: Chief Justice War- initially not only for myself, but for the He was an extraordinary man and a ren Burger. Justice Blackmun was, in Court. fact, the third choice to fill the seat Parenthetically, in doing so publicly, I dis- quintessential American. His tenure on obeyed one suggestion Hugo Black made to the Court of Appeals and the Supreme vacated by Abe Fortas. Typical of his self-effacing wit, he often referred to me when I first came here. He said, ‘‘Harry, Court extended through the terms of never display agony in public, in an opinion. himself as ‘‘Old No. 3.’’ nine Presidents. Never display agony. Never say ‘This is an When the FBI conducted its Years ago, Justice Blackmun pre- agonizing, difficult decision.’ Always write it prenomination investigation of Harry dicted the first thing obituary writers as though it’s clear as crystal.’’ Blackmun, they turned up only one would say of him today is that he was Justice Blackmun wrote an agonized complaint: He works too hard. the man who wrote Roe v. Wade, and In his early days on the Court, Jus- opinion because for him—and, he un- that clearly was the best known and tice Blackmun tended to vote with his derstood, for most people—abortion is most controversial decision in Justice old friend, the Chief Justice. In fact, an agonizing decision. It was then, and Blackmun’s career. But Harry Black- their records were so similar they were it remains so today. mun stood for much more than that. called by some ‘‘the Minnesota Twins.’’ I, for one, am grateful to Justice He was regarded by many as the Jus- As he began his second decade on the Blackmun that he did not try to mini- tice most insistent that the Court con- Court, Justice Blackmun found his own mize the difficulty of that decision. To front the reality of the problems it voice. He began to use that voice more do so would have been disrespectful, I considered and the real-world con- frequently and more forcefully to believe, to the vast majority of Ameri- sequences of those decisions. speak for those he thought too often cans who are truly torn, intellectually In a dissenting opinion, he once chal- went unnoticed by the Court. He and emotionally, by the question of lenged what he called ‘‘the comfortable emerged as one of the Court’s most abortion. perspective’’ from which his fellow Jus- courageous champions of individual In 1994, when Justice Blackmun an- tices ruled that a $40 fee did not limit liberty. His overriding concern was bal- nounced his retirement, he told Presi- a poor woman’s right to choose. The ancing and protecting the rights of in- dent Clinton, ‘‘I’m indebted to the reason he saw that matter differently dividuals against the authority of the Nation . . . for putting up with the from his fellow Justices was due—at government. likes of me.’’ least in part—to the fact that Harry He was a staunch defender of free Today, as we bid farewell to Harry Blackmun had been raised differently. speech and what he called ‘‘the most Blackmun, it is we who are indebted to He was born in Nashville in 1908 but valued’’ of all rights: the right to be him. He was the champion of liberty, grew up in St. Paul, MN. His father left alone. and ‘‘we are not likely to see the likes owned a hardware store and a grocery He was criticized by some and praised of him’’ for a long time. store. His family did not have a lot of by others for what many people per- Our thoughts and prayers are with money. When Harry Blackmun was 17 ceived as a change in his political be- Justice Blackmun’s friends and family, years old, he was chosen by the Har- liefs. He always insisted to friends that especially his wife and partner of 58 vard Club of Minnesota to receive a he had not moved to the left; rather years, Dottie, and their three daugh- scholarship. At Harvard, he majored in the Court had moved to the right. ‘‘I’ve ters, Nancy, Sally and Susan. Our Na- mathematics. To cover living expenses, been called liberal and conservative; tion will miss Harry Blackmun. he worked as a janitor and a milkman, labels are deceiving. I call them as I f painted handball courts, and graded see them,’’ he said. math papers. Roe v. Wade combined Justice He considered seriously going to Blackmun’s two most enduring inter- ADJOURNMENT UNTIL 9:30 A.M. medical school but chose Harvard in- ests: the right to privacy, and the rela- TOMORROW stead. He worked that same string of tionship between medical and legal The PRESIDING OFFICER. Under odd jobs to pay for his room and board issues. For weeks before writing the the previous order, the Senate stands all the way through law school. After majority opinion, he immersed himself in adjournment until 9:30 a.m., Friday, law school, he spent 16 years in private in historical and medical research at March 5, 1999. law practice in St. Paul. the Mayo Clinic. Thereupon, the Senate, at 7:10 p.m., In 1950, Harry Blackmun became the Over the years, he would receive adjourned until Friday, March 5, 1999, first resident counsel at the world-re- 60,000 pieces of hate mail as a result of at 9:30 a.m. March 4, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E335 EXTENSIONS OF REMARKS

THE NONDISCRIMINATION IN EM- BOLTZ JUNIOR HIGH SCHOOL A TRIBUTE TO WILLIAM M. PLOYMENT BENEFITS ACT OF KELSAY 1999 HON. BOB SCHAFFER OF COLORADO HON. SAM FARR OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HON. THOMAS E. PETRI IN THE HOUSE OF REPRESENTATIVES Thursday, March 4, 1999 OF WISCONSIN Thursday, March 4, 1999 Mr. SCHAFFER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES Mr. FARR of California. Mr. Speaker, I rise to pay humble tribute to the students, teach- today to convey the appreciation of Santa Thursday, March 4, 1999 ers, and parents of Boltz Junior High School Cruz County for the long and distinguished in Colorado for their efforts to help the needy service rendered by William M. Kelsay. Bill is Mr. PETRI. Mr. Speaker, today I am intro- during the holidays. I commend the faculty of retiring from the Santa Cruz Supreme Court ducing the Nondiscrimination in Employee Boltz, particularly Jennifer Gammon, Tony after 21 years on the bench. Benefits Act of 1999. This legislation will re- Garcia, Kirstan Morris, and Ali Shore, as well Bill was born in Patterson, California, and quire that employers offering benefits to asso- as all the students, parents, and individuals graduated from Patterson High School in ciates of their employees who are not spouses who contributed to their special benefit auc- 1959. He received a Bachelor of Arts in Politi- or dependents of those employees not dis- tion. Their selfless dedication has provided cal Science from University of California, criminate on the basis of the nature of the re- warmth, comfort, and happiness to families in Davis and went on to study law at Hastings lationship between the employee and the des- Colorado for 3 years running. That the school College of Law in San Francisco. He was ad- ignated associates. raised $1,200 for the benefit of two local fami- mitted to the California Bar in 1969, and lies is testament to the true meaning of the For many years health and other benefits worked in the Office of the District Attorney of spirit of Christmas and Hanukkah. Let us re- provided by employers were available only to Santa Cruz County until his appointment as member, as these good people have, that the the employee and his or her spouse and chil- Judge in the Municipal Court in 1977. Bill's ap- holiday season is one of giving, one of joy, dren. Today, more and more employers are pointment to the Superior Court came in 1985. and one of hope. Let the childrens' example permitting unmarried employees to designate The legal community has relied on Bill's during the holidays be a beacon to us all someone else for similar coverage, but only if acumen and leadership for many years, and throughout the year. the employee and the other person declare owes the current environment of collegiality that they are in a homosexual relationship. f and coordination to Bill's work to consolidate This is done in the name of nondiscrimination Santa Cruz municipal and superior courts. and homosexual rights. However, in too many IN HONOR OF CHRISTINA Bill's colleague, Judge Robert B. Younts, Jr. cases these policies themselves discriminate, ROZSAKIS said of Bill ``He is an astute student of human even against some family members. In one nature. He is respected by all. He is an abso- case involving constituents of mine, the em- lute gentleman.'' ployee has her mother living with her. Her em- HON. DENNIS J. KUCINICH Bill has been generous of his time away ployer-provided health insurance will not allow OF OHIO from the bench in the non-profit sector, serv- coverage of her mother; however if they were IN THE HOUSE OF REPRESENTATIVES ing a term as Chair of the Santa Cruz Com- unrelated and declared that the relationship Thursday, March 4, 1999 munity Counseling Center, and as a member was romantic in nature, her company's policy of Santa Cruz County Fish and Game Com- would allow coverage. This is clearly unfair. Mr. KUCINICH. Mr. Speaker, I rise today to mission. He has expressed an interest in par- Why should we, in this manner, set homo- honor Christina Rozakis a National Young ticipation on community boards and commis- sexual relationships above all other relation- Leaders Conference participant and a student sions in the future. Bill is also an astute stu- ships between unmarried individuals? Mr. at Lakewood High School in Lakewood, OH. dent of piscine nature, and certainly will re- Speaker, my bill simply requires that if a com- Christina has been selected to attend the serve time for studying steelhead very closely pany allows an employee to choose someone National Young Leaders Conference in Wash- in their natural habitat. to receive such benefits, the choice must be ington, DC, this week. She is among 350 out- Judge Kelsay's contributions form a continu- open to all equally. I ask that a copy of the bill standing national scholars from across the ing legacy to the legal community of Santa be included in the RECORD. country who are participating in a unique lead- Cruz County. With his great range of interests, ership development program. Since the theme I am sure his retirement years will be filled H.R. — of the conference is The Leaders of Tomorrow and fulfilling. He has our best wishes for Be it enacted by the Senate and House of Rep- Meeting the Leaders of Today, Christina is health and happiness into the future. resentatives of the United States of America in taking advantage of the opportunity to interact f Congress assembled, with key leaders and news makers from the three branches of government, the media and RECOGNITION OF ARTIST JOHN SECTION 1. SHORT TITLE the diplomatic corps. HOUSER INDUCTED INTO THE This Act may be cited as the ‘‘Non- This week, she is also participating in a INTERNATIONAL ASSOCIATION discrimination in Employee Benefits Act of number of leadership skill-building activities FOR THE VISUAL ARTS, EL PASO 1999’’. such as a Model Congress and roll-playing the ARTISTS’ HALL OF FAME SEC. 2 NONDISCRIMINATION IN EMPLOYEE BEN- President, Members of the Cabinet and Mem- EFITS. bers of Congress. The conference activities HON. SILVESTRE REYES Section 510 of the Employee Retirement get young people on the right track to achiev- OF TEXAS Income Security Act of 1974 is amended by ing their full leadership potential. I am certain IN THE HOUSE OF REPRESENTATIVES inserting before the last sentence the follow- that Christina will not only gain knowledge and ing: ‘‘In a case in which an employer elects experience here, but that she will also leave Thursday, March 4, 1999 to offer benefits to associates of its employ- with a sense of accomplishment and an in- Mr. REYES. Mr. Speaker, I am pleased to ees who are not spouses or dependents of the creased ability to face the challenges of the employees, the employer shall offer such recognize Mr. John Houser as a recent in- benefits on a nondiscriminatory basis with- future. ductee to the El Paso Artists' Hall of Fame. out regard to the nature of the relationship My fellow colleagues please join me in con- Mr. Houser was honored this past November between the employee and the designated as- gratulating Christina for all her accomplish- in El Paso, Texas. John is an extremely tal- sociate.’’. ments. ented artist and has many notable credits.

∑ 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. E336 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 He is truly outstanding among contemporary Encounter. In 1987 at their 10th Annual Art This week she is also participating in a artists. His versatility, the thoroughness of his Exhibition ion New York City, the Salmagundi number of leadership skill-building activities training, and the depth of his artistic sensibility Club honored John with the Oil Pastel Asso- such as a Model Congress and role-playing are all part of his amazing talent. Born in ciation Award for Soft Pastel. In 1988, he re- the President, members of the cabinet and Rapid City, South Dakota, to sculptor Ivan ceived the Outstanding Alumni Award from Members of Congress. The conference activi- Houser, who was First Assistant to Gutzon Lewis and Clark College. In 1992, He won ties get young people on the right track to Borglum in carving Mount Rushmore, we know Grand National Prize in a photo essay contest achieving their full leadership potential. I am that part of his talents were inherited. How- with ``The Sandimune Years.'' John won the certain that Lisa will not only gain knowledge ever, John has continually developed his God- Purchase Award for ``Realism Up Close'' in and experience here, but that she will also given talents to become an accomplished Santa Teresa, New Mexico in 1993. leave with a sense of accomplishment and an painter and sculptor. John Houser is Sculptor and Director for the increased ability to face the challenges of the After moving to Oregon, John began XII Travelers Memorial of the Southwest, a re- future. sculpting and painting at the age of twelve. vitalization project for El Paso, Texas. His In addition to honoring Lisa for her achieve- John Houser's entire life has been associated ideas for this project will not only enhance the ments, I would also like to commend to your with art and sculpture. At age fifteen, he be- revitalization of downtown El Paso but will give attention the following poem that she has writ- came the youngest active member in the his- our city a unique identity. The Travelers Me- ten titled ``The Unknown Soldier.'' tory of the Oregon Society of Artists. He grad- morial of the Southwest celebrates the history THE UNKNOWN SOLDIER uated from Lewis and Clark College in Port- and diversity of the region with a series of By Lisa Naftzger, Shiloh Jr. High, April 1, land, Oregon, with a double major in natural twelve twice-life-sized bronzes. 1997 science and art. He continued his formal art I admire John Houser for his talent, dedica- So much strength and courage it certainly education with a graduate Alumni Fellowship tion, and achievements in the art world. I also takes, to UCLA, where he received the Elizabeth T. am proud to recognize him here today for his To fight for your country with so much at Greenshields Award for independent Euro- remarkable talent and his continued contribu- stake. pean studies. He studied in Spain and Italy tions to El Paso. And this Unknown Soldier, that’s just what where he learned from the Florentine painter he’s done, f For my admiration he’s certainly won. Pietro Annigoni and American sculptor Avard FULLANA ELEMENTARY SCHOOL So, to represent Shiloh and lay down the Fairbanks. Upon his return to the U.S., John wreath, studied with Classicist painter, R.H. Ives To honor the soldier who is now at peace, Gammel in Boston and at Harvard University HON. BOB SCHAFFER Would be the greatest honor I’ve ever known. in anatomy. OF COLORADO I know how much gratitude needs to be shown. His career has taken him across Europe IN THE HOUSE OF REPRESENTATIVES and the United States from the eastern sea- For the Unknown Soldier should certainly board to the west coast. In order to realisti- Thursday, March 4, 1999 be, cally portray the human condition through his Mr. SCHAFFER. Mr. Speaker, I rise today Honored from now to eternity. subjects, he has lived and worked alongside to pay humble tribute to the students, teachers f diverse groups such as Gullah Blacks of and parents of Fullana Elementary School in TRIBUTE TO DENNIS OSMER South Carolina, Italian street fakirs, hippies, Colorado for their efforts to help the needy migrant workers, Gypsies, and Native Ameri- during the holidays. I commend the faculty of cans. John has also traveled extensively in the school as well as all the students, parents HON. SAM FARR Mexico and the Southwestern U.S., sculpting and individuals who contributed to their special OF CALIFORNIA the Pueblo, Seri, Lacandon, Tarahumara, and canned food drive. Their selfless dedication IN THE HOUSE OF REPRESENTATIVES Huichol Indians. He has been the subject of has provided warmth, comfort and happiness Thursday, March 4, 1999 several television documentaries and his work to families in Colorado. That the school pro- Mr. FARR of California. Mr. Speaker, I rise has been featured in Southwest Art, American duced so much from their food drive for the today to express both my appreciation and the Artist, Texas Monthly, ABC (Spain), Art Talk, benefit of local families through the Salvation appreciation of the people of Santa Cruz Connoisseur, Palette Talk, The Artists' Maga- Army is testament to the true meaning of the County for the leadership of Dennis Osmer on zine, Blanco y Negro (Spain), Texas High- spirit of Christmas and Hanukkah. Let us re- the Watsonville City Council. Dennis' term ways, Siempre!, Presencia de MeÂxico, and member, as these good people have, that the ended at the close of 1998. Analysis (Mexico), and any more. His work is holiday season is one of giving, one of joy, Dennis was steeped in the value of commu- in private and public collections all around the and one of hope. Let the childrens' example nity service from the time he first drew breath world including The U.S. Library of Congress during the holidays be a beacon to us all in 1957. His grandmother Lois served on the and The University of Texas at El Paso. throughout the year. Pajaro School Board in Watsonville, CA. His John's work has been featured in several f father Frank was Watsonville's police chief for national and international exhibitions. These 15 years, and was elected to the city council include the National Academy of Western Art IN HONOR OF LISA NAFTZGER upon retirement. Dennis fondly remembers Exhibition and Sale in Oklahoma City, the Na- how his mother Noreen imbued him with the tional Sculpture Society, the Royal Danish HON. DENNIS J. KUCINICH importance of charity and service to the com- Havescelscab in Copenhagen, Denmark, the OF OHIO munity. Kermezaar Exhibition in El Paso, and the IN THE HOUSE OF REPRESENTATIVES Dennis attended local schools, graduating Western Heritage Show and Sale in Houston, from Watsonville High School and attending Thursday, March 4, 1999 Texas. He has also been featured in an ex- University of California, Santa Cruz. He mar- hibit by the Brand Library and Art Galleries of Mr. KUCINICH. Mr. Speaker, I rise today to ried Laurie Lynch in 1977 and they have two Glendale, California. honor Lisa Naftzger, an accomplished poet, children, Brendan and Doreen. Dennis works Throughout his career, John has received National Young Leaders Conference partici- as program director of Energy Services, a numerous awards and honors for his artistic pant, and a student at Shiloh Senior High non-profit agency that assists low-income fam- endeavors. He is the honorary artist-in-resi- School in Parma, OH. ilies with weatherization and energy bills. dence for the Radford School in El Paso. In Lisa has been selected to attend the Na- When Dennis was first elected to the 1984 John won the Martin Luman winter tional Young Leaders Conference in Washing- Watsonville City Council in 1987, his principal Award from the Salmagundi Club in New York ton, DC, this week. She is among 350 out- concern was drug abuse prevention. By ad- City for the bronze Barranca Overlook. Also in standing National Scholars from across the dressing the issue in a variety of ways; fund- 1984, this bronze also garnered him the Coun- country who are participating in a unique lead- ing youth programs, law enforcement, and job cil of American Artist Societies Award from the ership development program. Since the theme creation, the problem has been alleviated to Grand National Exhibition of the American Art- of the conference is The Leaders of Tomorrow some extent, but Dennis' efforts continued. ist Professional League in New York City. Dur- Meeting the Leaders of Today, Lisa is taking Reelected to serve on the city council, Dennis ing 1986 at their 5th Annual Sculpture & Open advantage of the opportunity to interact with was then appointed mayor. Dennis also Photography Exhibition in New York City, the key leaders and news makers from the three worked on developing a long-range plan for Salmagundi Club further honored John with branches of government, the media, and the the Pajaro River through cooperation with re- the Elliot Liskin Award for the sculpture Desert diplomatic corps. gional governmental entities. In addition to his CONGRESSIONAL RECORD — Extensions of Remarks E337 duties as mayor, Dennis served as vice presi- Honor. Other accolades include being has provided warmth, comfort, and happiness dent of the Association of Monterey Bay Area knighted by King Juan Carlos I of Spain and to 19 needy families in Colorado. That the Governments. He has also served as the induction as a Knight of the Holy Sepulcher. Kruse Parent Teacher Organization produced chairman of the City Recycling Committee and Jose has also received the Wrangler Award so much from their food drive for the benefit as a member of the City Planning Commis- for Best Book Art and the Westerners Inter- of local families through the Salvation Army is sion. national Best Book Award for artistic research testament to the true meaning of the spirit of I know Dennis Osmer to be a generous man and detail. Christmas and Hanukkah. Let us remember, with his time and his attention to the needs of His paintings are in collections all around as these good people have, that the holiday the community. I am sure he will continue to the world including the Palace of the Gov- season is one of giving, one of joy, and one make his contribution. I look forward to work- ernors Museum in Santa Fe, New Mexico, and of hope. Let this example during the holidays ing with him in the future. the Institute of Texan Cultures in San Antonio, be a beacon to us all throughout the year. f Texas. His talents can be seen year round in f ´ his `` hundred horsemen'' which line the walls RECOGNITION OF ARTIST JOSE of the University of Texas-El Paso (UTEP) Li- AIR QUALITY STANDARDS COALI- CISNEROS INDUCTED INTO THE brary. Former U.S. President George Bush TION LOBBYING FOR POOR AIR INTERNATIONAL ASSOCIATION and Texas Governor George W. Bush also QUALITY FOR THE VISUAL ARTS EL PASO have collections of Cisneros's paintings. ARTISTS’ HALL OF FAME JoseÂ's artwork has been in several juried art HON. DENNIS J. KUCINICH competitions including Hidalgo County Histori- OF OHIO HON. SILVESTRE REYES cal Museum in Edinburgh, Texas, and the Uni- IN THE HOUSE OF REPRESENTATIVES OF TEXAS versity of the Pacific. His artwork has also ap- Thursday, March 4, 1999 IN THE HOUSE OF REPRESENTATIVES peared in competitions of the Centennial Mu- Mr. KUCINICH. Mr. Speaker, I would like to Thursday, March 4, 1999 seum at UTEP and the El Paso Museum of Art. bring to your attention the following excerpts Mr. REYES. Mr. Speaker, I am pleased to JoseÂ's artwork has also appeared in several from an article written by Bill McAllister that recognize my fellow El Pasoan, Mr. Jose exhibitions beginning with the El Paso Public appeared in the Washington Post on March 4, Cisneros, as a recent inductee to the El Paso Library and the Centro Escolar Benito Juarez 1999. The article, ``How Clean Air Bit The Artists' Hall of Fame. Mr. Cisneros was hon- in Ciudad Juarez, Chihuahua, Mexico, in Dust,'' exposes yet another environmental in- ored this past November in El Paso, Texas. 1938. His artwork received widespread rec- justice. With more and more sound scientific Jose has lived in El Paso since the 1930's ognition from his exhibit at a Western Heritage evidence showing correlations between poor and has led an amazing life. He was born in Association annual meeting in 1968. Jose also air quality and increased incidence of diseases Villa Ocampo, Durango, Mexico, on April 18, designed the Seal for Texas Western College and environmental degredation it is sad to see 1910. He grew up during the Mexican revolu- and modified it when the college changed its that some misguided interests asserts that ``it's tion, and his family moved often in search of name to UTEP. He also designed the logo for standard stuff'' to fight for the right to pollute work. With his great will and determination, the Western Heritage Association. our Nation's air. Is it ``standard stuff'' to in- Jose taught himself how to read and write. In Jose has been featured in books and peri- crease the incidence of childhood asthma and addition, he also taught himself to paint, draw, odicals such as his own ``Risers Across the lung cancer? The article states that some and do calligraphy. In 1925, he moved to Ciu- Centuries: Horsemen of the Spanish Border- ``fretted that their opposition might rile EPA dad Juarez where he enrolled in the Lydia lands'' (Texas Western Press, 1984) and Administrator Carol M. Browner.'' Now they Patterson Institute in El Paso and began ``Jose Cisneros: An Artist's Journey'' by John can worry about riling Congress. Read on. learning English. In 1927, Jose emigrated to O. West (Texas Western Press, 1993). His [From the Washington Post, Mar. 4, 1999] the United States, although he maintained a artwork was recently collected in ``Border- HOW CLEAN AIR BIT THE DUST dual residence while caring for his declining landsÐThe Heritage of the Lower Rio Grande (By Bill McAllister) parents. Unfortunately, his family did not en- through the Art of Jose Cisneros'' by Felix D. What happens when a big business coali- courage his budding artistic talent, calling Almaraz Jr., Hubert J. Miller, Tom Fort, and tion closes the door and plots strategy? them monitos, or worthless doodles. However, Rachel Freyman (Hidalgo County [Texas] His- Some enviros recently got a copy of notes of Jose persevered and began entering his art torical Society, 1998). a Jan. 21 meeting of the Air Quality Stand- into Mexican journals during the 1930's. In Jose is a true El Pasoan and has dedicated ards Coalition and were appalled by what 1939, he met Vicenta Madero, who later be- his life and talents to preserving the South- they saw through a rare window into the world of business lobbyists. came his wife. Together, they raised a family west. In return for the generosity of the El or five daughters and one niece. Jose became The lobbyists’ bravado and scheming had Pasoans who consider his work priceless, he Philip E. Clapp, president of the National a naturalized citizen of the United States in donates many of his works to El Paso Environmental Trust, and John 1948. Amazingly enough, Jose Cisneros is schools, churches, and charities. Passacantando, executive director of Ozone color-blind and for many years depended on Jose Cisneros, believes that history is alive Action, so angry they demanded that Thom- his wife, who passed away in 1994, to mix col- and beautiful, he says that he will continue to as R. Kuhn, president of the Edison Electric ors for him. Today, JoseÂ's daughters mix his do the same thing he has done all his lifeÐ Institute, which hosted the meeting, repudi- colors. ate the group. paint horses until the day he dies. In the meeting, the lobbyists chortled over Jose prides himself in the preservation of For his incredible talents and contributions the history of the Southwest through his work. their successful strategy of rounding up gov- to El Paso, I recognize and congratulate Jose ernors, local officials and congressional The University of Texas System Board of Re- Cisneros as a recent inductee of the El Paso Democrats to oppose a ‘‘haze rule’’ that the gents selected him as the 1969 laureate for Artists' Hall of Fame. Environmental Protection Agency was pro- the Dobie Paisano Fellowship, the first artist to f moting to cut pollution in national parks. ever receive the award. The Western Writers ‘‘We’re delighted we’re in place with this of America presented him with the Owen Wis- KRUSE ELEMENTARY SCHOOL coalition,’’ said a representative of the ter Award, named in tribute of the author of Chemical Manufacturers Association, who the ``Virginian'', in 1997. In April 1998, he was HON. BOB SCHAFFER was also unnamed. ‘‘Maybe we need to re- declared a living legend by Westerners Inter- name it. How about just drop the word OF COLORADO ‘standards’ and call it ‘the Air Quality Coali- national, the highest honor given by this world- IN THE HOUSE OF REPRESENTATIVES tion.’ ’’ wide organization of people enamored of the Others fretted that their opposition might American West. During the Spring of 1998, Thursday, March 4, 1999 rile EPA Administrator Carol M. Browner. the State of Texas held a reception and dinner Mr. SCHAFFER. Mr. Speaker, I rise today ‘‘We don’t want Browner to own this thing.’’ in JoseÂ's honor. He is also a December 1998 to pay humble tribute to the students, teachers said one. ‘‘The key is keeping it out of Carol recipient of the University of Alcala's medal for and parents of Kruse Elementary School in Browner’s bailiwick,’’ said another. his lifetime contribution to the history of Spain Colorado for their efforts to help the needy The meeting’s big decision: to plan a re- treat to discuss strategy. ‘‘We’re going to in the New World. Among his honors, Jose during the holidays. I commend the faculty of help our friends on the Hill, Bring in key Hill cherishes his election to the National Cowboy the school as well as all the students, parents staff to work with us,’’ one remarked. Hall of Fame and Western Heritage Center and individuals who contributed to their special The lobbyists plotted tapping into cor- and the El Paso Historical Society's Hall of canned food drive. Their selfless dedication porate foundation that could fund pollution E338 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 research and complained of their dwindling TERRY SANFORD LAUREL ELEMENTARY SCHOOL bank account (‘‘only $60,000’’) and the work COMMEMORATION ACT OF 1999 that the Alphine Group, a lobby shop, was doing—at $7,500 a month—finding Democrats HON. BOB SCHAFFER to oppose the EPA rules. HON. BOB ETHERIDGE OF COLORADO Attendees, according to the notes, also in- IN THE HOUSE OF REPRESENTATIVES cluded representatives of the American Pe- OF NORTH CAROLINA Thursday, March 4, 1999 troleum Institute, the National Mining Asso- IN THE HOUSE OF REPRESENTATIVES ciation, General Motors, American Trucking Mr. SCHAFFER. Mr. Speaker, I rise today Associations and Daimler Chrysler, among Thursday, March 4, 1999 to pay humble tribute to the students, teachers others. and parents of Laurel Elementary School in ‘‘It’s standard stuff’’ said Paul Bailey, Mr. ETHERIDGE. Mr. Speaker, eleven Colorado for their efforts to help the needy Edison’s vice president for environmental af- months ago, North Carolina, and the country, during the holidays. I commend the faulty of fairs, when asked about the notes. ‘‘We’re lost a truly great American when former United the school as well as all the students, parents surprised it has become a big deal.’’ States Senator and North Carolina Governor and individuals who contributed to their special An EPA official, speaking on condition he Terry Sanford died of complications associ- not be named, agreed. ‘‘They’ve been our penny drive. Their selfless dedication has pro- ated with cancer. Terry Sanford lived a life vided warmth, comfort and happiness to nemesis for more than a year,’’ the official that has served as a shining example of excel- said, adding the group had used similar tac- needy families in Colorado. That the school lence to an entire generation. tics to fight a smog rule in 1997. ‘‘We produced $219 in pennies for the Open Door wouldn’t be surprised at anything the Air Known as North Carolina's ``Education Gov- Mission is testament to the true meaning of Quality Standards Coalition does. It’s de´ja ernor,'' Terry Sanford inspired teachers and the spirit of Christmas and Hanukkah. Let us vu all over again.’’ students to excel with his unrelenting commit- remember, as these good people have, that ment to public education. It was his many con- the holiday season is one of giving, one of joy, f tributions to education that led Harvard Univer- and one of hope. Let the childrens' example sity to name him one of the top ten governors during the holidays be a beacon to us all A SPECIAL THANKS TO RAY of the twentieth century. throughout the year. BELGARD As President of Duke University, Terry San- f ford challenged a small regional university to HON. SAM FARR dream big and to reach those dreams. And IN HONOR OF SARA MCCLELLAND OF CALIFORNIA reach them it did. When Terry Sanford left IN THE HOUSE OF REPRESENTATIVES Duke University it had become a world leader HON. DENNIS J. KUCINICH OF OHIO Thursday, March 4, 1999 in research and higher education in law, medi- cine, business and the arts. It was his many IN THE HOUSE OF REPRESENTATIVES Mr. FARR of California. Mr. Speaker, I rise contributions to creating what is generally re- Thursday, March 4, 1999 to convey the appreciation of Santa Cruz garded as the Harvard of the South that led Mr. KUCINICH. Mr. Speaker, I rise today to County, CA, for the 46 years of public service Duke University to name its Institute for Public honor Sara McClelland, a National Young contributed by Ray Belgard, who retired from Policy after this great American. Leaders Conference participant and a student the county board of supervisors at the end of Called to serve the public once again, Terry 1998. at Berea High School in Berea, OH. Sanford was elected to the United States Sen- Sara has been selected to attend the Na- Ray began his career with the Salinas Po- ate in 1986. In his years in the Senate, Terry lice Department where he began to acquire tional Young Leaders Conference in Washing- Sanford distinguished himself as a passionate ton, DC, this week. She is among 350 out- both his investigative skills and his abilities as advocate for public education and the poor. a staff supervisor. In 1964, Ray was recruited standing national scholars from across the by the Monterey County Office of the District In addition to his most visible roles as a country who are participating in a unique lead- Attorney where he worked with Peter Chang. statesman, politician and University President, ership development program. Since the theme In 1966, when Peter Chang was elected to the Terry Sanford served the people of North of the conference is The Leaders of Tomorrow office of District Attorney of Santa Cruz Coun- Carolina and this country in many ways. He Meeting the Leaders of Today, Sara is taking ty he persuaded Ray to join him as the coun- served as a paratrooper in World War II, as an advantage of the opportunity to interact with ty's chief inspector. In their joint effort to scru- agent with the Federal Bureau of Investigation key leaders and news makers from the three tinize the budget, Peter and Ray deleted an and as a state senator. Terry Sanford also branches of government, the media and the obscure item that appeared to be continued participated in numerous charities and was diplomatic corps. from the previous administration. The budget one of North Carolina's leading arts patrons. This week, she is also participating in a subsequently passed without a line for Peter's His passion for the arts endured until his number of leadership skill-building activities salary. death as he spearheaded efforts to bring a such as a Model Congress and role-playing In 1982, in response to pleadings for his word class performing arts facilities to North the President, Members of the Cabinet, and leadership in the Police Department from his Carolina. Terry Sanford was also a committed Members of Congress. The conference activi- home town Watsonville, Ray took control of husband to Margaret Rose and father to Terry, ties get young people on the right track to the department and brought it to its current Jr., and Betsy. achieving their full leadership potential. I am status as one of the most efficient and best- Terry Sanford inspired me personally. In certain that Sara will not only gain knowledge run police departments in the county. fact, when I was trying to decide if I should and experience here, but that she will also In 1989, Ray retired from public life, or so run for Congress, I met with Terry. His words leave with a sense of accomplishment and an he thought. After a year, Ray successfully ran of encouragement helped make up my mind, increased ability to face the challenges of the for county supervisor for the 4th District, the and they continue to inspire me today. future. My fellow colleagues, please join me in con- area which included Watsonville. As became Last year I, along with every other member gratulating Sara for all her accomplishments. well-known to the public works director for the of the North Carolina delegation, introduced f county, Ray was especially sensitive to the legislation to honor Terry Sanford by naming need for road repairs, an issue important in the Federal Building in Raleigh, North Carolina CONGRATULATING MR. MARC his rural district. Ray could also be relied upon after this great man. While this legislation FREED-FINNEGAN, STATE HON- to champion the causes of public employees, unanimously passed the House was sent to OREE IN THE 1999 PRUDENTIAL law enforcement, seniors, children and agri- the floor in the Senate, time ran out before it SPIRIT OF THE COMMUNITY culture. could be considered and passed into law. AWARDS Ray Belgard's name will always evoke the Yesterday, I reintroduced this important legis- image of a plain-spoken and direct man, con- lation, again with the support of the entire del- HON. DONALD M. PAYNE cerned with the efficient delivery of public egation. Naming the Federal Building in Ra- OF NEW JERSEY services. The tributes paid to him by his col- leigh in honor of Terry Sanford will allow his IN THE HOUSE OF REPRESENTATIVES leagues and constituents upon his retirement influence to be felt by a new generation of testify to the atmosphere of good feelings that leaders. This gesture is the least that this Thursday, March 4, 1999 surrounded Ray throughout his long and dis- Congress should do to honor the contributions Mr. PAYNE. Mr. Speaker, I would like to tinguished carrer. of this great American. congratulate and honor a young New Jersey CONGRESSIONAL RECORD — Extensions of Remarks E339 student from my district who has achieved na- Sabu Shake expressed his creative side that Jack was especially skilled at making tional recognition for exemplary volunteer through the rose garden which he developed complex matters comprehensive to jurors. ``He service to his community. Mr. Marc Freed- next to the family mansion in Monterey. With was the personification of everything a lawyer Finnegan of Montclair has just been named his wife Isabella, and his six sons, Benji, would want to be,'' stated civil rights lawyer one of New Jersey's top honorees in the 1999 Christopher, Sabu Jr., Angelo, David and Robert N. Isseks. ``He was amazing in his abil- Prudential Spirit of the Community Awards Tene, the family home was filled with activity. ity to think on his feet, to articulate for his cli- program, an annual honor conferred on the Sabu became a recognizable character on the ent's cause.'' most notable student volunteers in each state, Wharf. In 1968 Sheriff Jack Davenport, in ap- Jack who worked more than 37 years as a the District of Columbia and Puerto Rico. preciation for his support, gave Sabu a white trial lawyer, served as past President of the Mr. Marc Freed-Finnegan is being recog- cowboy hat which became his trademark. A Sullivan County Bar Association, as a member nized for being one of my state's top two stu- life-size redwood statute, complete with the of the Middletown Elks; the Legal Aid Society dent volunteers for 1999. Mr. Freed-Finnegan cowboy hat, stands as a sentinel beside the of Orange County; the Orange Bar Associa- created a program at Montclair High School door of the Old Seafood Grotto. tion; the New York State Trial Lawyer's Asso- that coordinates a wide variety of activities for Sabu received many commendations from ciation; and the American Bar Association. children at a nearby homeless shelter in the the community including being named Fisher- Jack was also an Associate Professor at the City of Newark. His program, ``Kids for Kids,'' man's Wharf Person of the Year in 1991 by Sullivan County Community College. has more than 100 active student members the Fisherman's Wharf Association and being and hopes to expand to five additional schools named restaurateur of the Year in 1993 by the Mr. Speaker, I invite our colleagues to join this year. Best of the Best. with me in offering condolences to Jack Statistics state that Americans are less in- With his passing we have lost a prominent McBride's family: To his widow, Peggy Spears volved in their communities today than they entrepreneur and a colorful character who McBride; his four children, Donna Marie have been in the past. Therefore, it is vital that added his own special flavor to Fisherman's Vascello of Raleigh-Durham, NC, John Jeffrey we encourage others to volunteer by celebrat- Wharf and the Monterey area. McBride of Las Vegas, NV, Jacqueline Eliza- ing the accomplishments of Mr. Freed- f beth McBride of Goshen, NY, and Clay Patrick Finnegan. All Americans must realize that we McBride of New York City; his four grand- need to work together to ensure the prosperity IN MEMORY OF JACK MCBRIDE children, all of Raleigh-Durham; his brothers and growth of our communities. Young volun- Frank and Edward, and his three stepchildren, teers like Mr. Freed-Finnegan are an inspira- HON. BENJAMIN A. GILMAN Ralph, Alicia, and Melanie. We also extend tion to all of us, and are among our leaders in OF NEW YORK our sympathies to the many young attorneys the quest for a brighter future. IN THE HOUSE OF REPRESENTATIVES and students who emulated and were inspired The program recognizing Mr. Freed- Thursday, March 4, 1999 by the leading example of John S. McBride. Finnegan, the Prudential Spirit of the Commu- Mr. GILMAN. Mr. Speaker, it is with deep TRIAL LAWYER JOHN MCBRIDE DIES AT 64 nity Awards, was created by the Prudential In- sorrow that I report to our colleagues the surance Company of America in partnership (By Michael Randall) passing of an outstanding leader from my 20th with the National Association of Secondary Congressional District of New York. CHESTER.—John S. McBride, 64, a longtime School Principals in 1995. The purpose of the John Strong McBride was a superb, univer- trial lawyer in Orange County and a former award is to impress upon all youth volunteers state legislator, died yesterday at the West- sally revered attorney, an outstanding public chester Medical Center in Valhalla. that their contributions are of the highest im- official and a genuine friend. His passing ear- portance, and to encourage other youths to McBride, a native of Goshen and a lifelong lier this week at the all-too-young age of 64 is area resident, also worked briefly in the follow their example. a genuine loss to our entire region of south- Mr. Freed-Finnegan should be extremely 1950s as a real estate agent for the New York eastern New York. proud to have been selected from such a Central Railroad System, and from 1961 to Jack McBride was a lifelong resident of our 1963 was an assistant district attorney for large group of participants. I applaud Mr. region, having been born in Goshen, NY, on Sullivan County. Freed-Finnegan for his initiative in seeking to August 11, 1935. Following his graduation McBride, who worked more than 37 years make his community a better place to live, and from Fordham University in 1955, Jack en- as a trial lawyer in Orange County courts, for the positive influence he has had on the listed in the U.S. Marines. After his honorable was praised by fellow members of the legal lives of others through his work. His actions discharge, he worked as a real estate agent community yesterday. show that young Americans desire to make an for the New York Central Railroad. Deciding to Lawyer Gary Greenwald said he was ‘‘ex- impact in our society and that America's com- pursue a career in law, Jack graduated from ceptionally saddened’’ by McBride’s death. munity spirit continues to hold tremendous the New York Law School in 1960, and soon ‘‘When I was a young attorney, he was a promise for the 21st Century. after his graduation and admission to the bar person to emulate because of his skills in the f was appointed an Assistant District Attorney of courtroom,’’ Greenwald said. ‘‘He was a su- perb attorney.’’ IN HONOR OF SABU SHAKE Sullivan County, NY. John served for one term in the New York Middletown civil rights lawyer Robert N. State Assembly Representing the 110. A.D., in Isseks, a colleague of McBride’s for 20 years, HON. SAM FARR said McBride ‘‘was there for people. Not only OF CALIFORNIA the mid-1960's having been elected at the age was he a fine lawyer, he was also one of the IN THE HOUSE OF REPRESENTATIVES of 29 to a district which consisted of all of Sul- finest human beings I’ve ever known.’’ livan County and parts of Orange and Ulster Thursday, March 4, 1999 McBride was exceptionally skilled at Counties. In our state legislature, Jack cham- grasping complex issues and making them Mr. FARR of California. Mr. Speaker, I pioned the interests of his district by bringing understandable to jurors, Isseks added. would like to memorialize an exceptional man, government closer to the people. Jack was ‘‘He was the personification of everything Mr. Sabu Shake, who passed away December widely hailed at the time as one of the most a lawyer would want to be,’’ said Isseks. ‘‘He 5, 1998 at the age of 76. promising of our young state legislators, but was amazing in his ability to think on his Sabu Shake was born in Karachi, Pakistan unfortunately his Assembly District was redis- feet, to articulate for his client’s cause.’’ in 1922. After his service during World War II tricted out of existence after he had the oppor- For a few years in the 1960s, McBride in the Merchant Marine, he immigrated to the tunity of serving for only one term. Accord- served in the state Assembly, representing United States in 1950. Sabu moved to Monte- ingly, Jack devoted his substantial energies to the old 110th district that included all of Sul- rey in 1954 and began working as a dish- his law practice and to community service. livan County and parts of Orange and Ulster washer on the wharf. In 1958, after learning During my own career in the New York counties. the necessary cooking skills, Sabu bought a State Assembly, Jack McBride was of invalu- In political circles, he counted among his small restaurant on Fisherman's Wharf which able support and service to me in helping me close friends Rep. Benjamin A. Gilman, R- grew and prospered as the Old Fisherman's Greenville. McBride worked on Gilman’s learn the workings of the State legislature early political campaigns, including Gil- Grotto, greatly due to the spice mixtures he process in Albany. Jack had the ability of mak- man’s first congressional campaign in 1972. created and his famous clam chowder. Over ing intricate issues and solutions understand- ‘‘The congressman is grieved to hear of his the years, Sabu's holdings grew and pros- able to the average taxpayer, and will always passing,’’ said Gilman’s press secretary, An- pered as well, including the Monterey Sport be remembered for his outstanding gift. drew Zarutskie. Gilman plans to do a tribute Fishing fleet, Marine Beach Inn and a cattle Upon his passing earlier this week, one of to McBride on the floor of Congress today, ranch in Gonzales. his legal colleagues noted in the local press Zarutskie added. E340 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 LINCOLN JUNIOR HIGH SCHOOL leagues who are gathered at the Log Cabin ness and Professional Women's Clubs for her tonight in offering my sincere congratulations many years of service to the development of HON. BOB SCHAFFER on your retirement from the Longmeadow Po- African American women. OF COLORADO lice Department after more than three decades As you can imagine, the Tate family is an IN THE HOUSE OF REPRESENTATIVES of unprecedented service. important one to our society. Her son, the late f Herbert Tate, Sr., was an outstanding foreign Thursday, March 4, 1999 service officer. He served our country in Paki- Mr. SCHAFFER. Mr. Speaker, I rise today HONORING HORTENSE TATE ON stan. He was a leader in the international and to pay humble tribute to the students, teachers HER 100TH BIRTHDAY national YMCA movement. Her grandson, Her- and parents of Lincoln Junior High School in bert Tate, Jr., was the first African American Colorado for their efforts to help the needy HON. DONALD M. PAYNE Prosecutor for Essex County, New Jersey. He during the holidays. I commend the faculty of OF NEW JERSEY continues the legacy of public service as he the school as well as all the students, parents IN THE HOUSE OF REPRESENTATIVES currently serves as Chairman of the New Jer- and individuals who contributed to their special Thursday, March 4, 1999 sey Board of Public Utilities. benefit. Their selfless dedication has provided Mr. Speaker, I know my colleagues join me warmth, comfort and happiness to the needy Mr. PAYNE. Mr. Speaker, March 9th will be in sending Mrs. Tate our appreciation for her families in Colorado. That the school produced a landmark date for a special person in spirit of community service and our best wish- so much from their giving tree, toy drive and Montclair, NJ, as Mrs. Hortense Tate cele- es for a wonderful birthday. Basket-of-Books program is testament to the brates her 100th birthday. Mrs. Tate has dis- f true meaning and spirit of Christmas and Ha- tinguished herself through her generous con- nukkah. Let us remember, as these good peo- tributions of her time and talent to the TRIBUTE TO PARTICIPANTS IN ple have, that the holiday season is one of Montclair community over the course of many THE CONGRESSIONAL YOUTH giving, one of joy, and one of hope. Let the years. She is greatly admired and respected LEADERSHIP COUNCIL AND THE children's example during the holidays be a by all who have had the privilege of knowing CLOSE-UP FOUNDATION beacon to us all throughout the year. her. f Mrs. Tate's career has spanned seven dec- HON. HAROLD E. FORD, JR. ades of service through education as a teach- OF TENNESSEE IN HONOR OF WILLIAM J. SCOTT er and guidance counselor, the enrichment IN THE HOUSE OF REPRESENTATIVES and development of young women through the HON. RICHARD E. NEAL Montclair YWCA and the AKA Sorority, Thursday, March 4, 1999 OF MASSACHUSETTS through her Christian faith and over 70 years Mr. FORD. Mr. Speaker, I rise to pay tribute IN THE HOUSE OF REPRESENTATIVES of dedicated service to St. Mark's Methodist to several accomplished young men and Church to address social and community women from Tennessee's Ninth Congressional Thursday, March 4, 1999 issues. District who are in Washington this week to Mr. NEAL of Massachusetts. Mr. Speaker, I Mrs. Tate was an educator and guidance participate in two prestigious youth con- rise today to pay tribute to William J. Scott, a counselor in the Newark and Montclair Public ferences. man who for the past 30 years has made the School systems and continued to tutor junior Natalie Fant of Whitehaven High School, streets and neighborhoods of Longmeadow, high and high school students for the William Smith and LaToya Amos of Hillcrest Massachusetts, a safer place to live and raise Montclair School System until she reached 88 High School are participating in the Congres- a family. As a veteran of the Longmeadow Po- years of age. When I began teaching in 1957 sional Youth Leadership Council. This national lice Department, Sergeant Scott consistently at Newark's Robert Treat School Mrs. Tate program brings together students from served his community with compassion, cour- was a member of the faculty. She was very throughout the United States and foreign age and dignity. Tonight as his friends and helpful, especially to new teachers. She was countries who have demonstrated exceptional family celebrate his retirement, I urge my col- so inspirational and supportive. Her lifelong leadership, academic and citizenship qualities. leagues in the United States House of Rep- dedication to the education and development The theme of this year's conference is The resentatives to congratulate Bill on a job well of young people was inspired by her father Leaders of Tomorrow Meeting the Leaders of done, and wish him the best for a happy and Ezekiel Ridley, a teacher and later principal of Today. They are meeting with some of our na- healthy future. Topeka, Kansas, for 50 years. Mrs. Tate grad- tion's most prominent public officials and are Bill Scott joined the Longmeadow Police De- uated from Washburn University in Topeka in participating in uniquely designed group dis- partment in the Spring of 1965 and quickly 1920 and settled in Montclair, NJ. In 1921, cussions on the most pressing issues of the earned the reputation as a consummate law she began her lifelong mission of service to day. enforcement professional. He excelled at young women at the Montclair YWCA as sec- The following students from St. Mary's Epis- every level, from Safety Officer, to Detective, retary in charge of club activities. In addition to copal School are also in Washington partici- and finally Sergeant, to which he was pro- her service to the YWCA and the Newark and pating in the Close Up Foundation's edu- moted in 1981. When he announced his retire- Montclair Public Schools systems, she has cational program: Sara Dike, Jennifer Hirsch, ment in February, he did so as the most sen- been an important member of the Montclair Kathleen Holladay, Lauren Jacks, Nishta ior Sergeant on the force. He leaves with an Public Library, establishing programs for the Mehra, Mary Rochelle, Jay Tamboli and Mrs. impeccable reputation as a dedicated, honest cultural enrichment of young people. Sheila Patrick. Like the Congressional Youth and hard working cop who will be genuinely Mrs. Tate has been a member of St. Mark's Leadership Council, the Close Up Foundation missed by his fellow officers. Church for more than 75 years, holding count- brings extraordinary young people to Washing- Bill Scott is also known in western Massa- less positions, including Chairperson of the ton in order to help them become even better chusetts as a sports enthusiast, which dates History Committee and President of the Wom- citizens. The philosophy of the Close Up back to even before his days as a standout en's Society, and has served in many out- Foundation: ``democracy is not a spectator athlete at Springfield's Technical High School. reach and community programs to enrich the sportÐit requires the active participation of Whether it is an adult hockey league or the lives of her parish and the Montclair commu- citizens,'' says it best. old-timers softball team, you are sure to find nity. These programs are so crucial today be- Bill competing year round, surrounded by his Mrs. Tate was a member and United Na- cause political participation among America's many loyal friends. tional Observer of the National Council of youth is dangerously low. According to a sur- Mr. Speaker, it is also fitting at this time to Negro Women, working for international vey on youth attitudes by the National Asso- pay tribute to Bill's wife Judy, with whom he peace. ciation of Secretaries of State, since 18 year has celebrated over 35 years of marriage, Mrs. Tate recently was honored as a Dia- olds were first given the chance to exercise their two children Bill Jr. and Beth, their mond Member of 75 years of membership in their right to vote in the 1972 elections, the spouses Marybeth and Kevin, and their grand- the Alpha Kappa Alpha Sorority, which she voter turnout rate of 18 to 24 year olds has children Kaitlin and T.J. For their caring and has dedicated her life's work to and has been steadily declined. In 1972, 50% of 18 to 24 support, they too deserve special recognition a founding member of five separate chapters. years olds exercised their right to vote. By the on this important occasion. In 1992, Mrs. Tate received the National So- 1996 elections, only 32% of 18 to 24 year olds On behalf of the United States of America, journer Truth Award for Meritorious Service turned out at the polls. Turnout among this I am proud to join Bill's family, friends and col- from the National Association of Negro Busi- age group in 1998 is projected to have been CONGRESSIONAL RECORD — Extensions of Remarks E341 below 20%, perhaps the lowest in our nation's LIVERMORE ELEMENTARY SCHOOL on October 21, 1994, the security situation on history. the Korean peninsula and in Northeast Asia Moreover, this is a generation divided about has changed qualitatively for the worse. The HON. BOB SCHAFFER discovery last year of a suspect North Ko- the country's future and wary of other people. OF COLORADO rean nuclear site and the August 31 launch of Barely half (51%) of today's 15 to 24 year olds IN THE HOUSE OF REPRESENTATIVES a Taepo Dong missile have combined to raise believe that America's best years are ahead of Thursday, March 4, 1999 fundamental questions about Pyongyang’s us, while fully 39% worry that our best years intentions, its commitment to the agree- may already be behind us. Asked whether Mr. SCHAFFER. Mr. Speaker, I rise today ment, and the possibility of North-South rec- they generally believe that most people can be to pay humble tribute to the students, teachers onciliation. These developments also raise trusted (32%) or whether most people should and parents of Livermore Elementary School profound questions about the sustainability be approached with caution (65%), young in Colorado for their efforts to help the needy of current U.S. policy toward the Korean pe- people take the more cautious posture by during the holidays. I commend the faculty of ninsula. more than a two to one margin. the school as well as all the students, parents The Agreed Framework successfully ad- Mr. Speaker, these young people deserve and individuals who contributed to their special dressed a specific security problem—North our recognition and support not only for their canned food drive. Their selfless dedication Korea’s plutonium production at the has provided warmth, comfort and happiness Yongbyon and Taechon facilities. Under the personal achievements, but also for their com- agreement, operations were frozen at the two mitment to their fellow citizens and the nation. to families in Colorado. That the school pro- facilities and Pyongyang was prevented from Please join me today in honoring them. duced so much from their food drive for the obtaining fissile material from the fuel rods benefit of local families is testament to the true of the reactor core for five to six nuclear f meaning of the spirit of Christmas and Hanuk- weapons. Had the program continued kah. Let us remember, as these good people unabated, North Korea might have been able IN HONOR OF ROWLAND have, that the holiday season is one of giving, to produce enough fissile material for a sub- SCHAEFER one of joy, and one of hope. Let the childrens' stantial nuclear arsenal. Arguably, the example during the holidays be a beacon to Agreed Framework was a necessary but not us all throughout the year. sufficient response to the multiple security HON. PETER DEUTSCH challenges posed by North Korea. Indeed, the f OF FLORIDA development of the Taepo Dong missile poses IN THE HOUSE OF REPRESENTATIVES REPORT ON NORTH KOREA an expanding security threat to Northeast Asia and, increasingly, to the Middle East, Thursday, March 4, 1999 Europe, and even the United States itself. HON. BENJAMIN A. GILMAN Mr. DEUTSCH. Mr. Speaker, I rise today to CHANGING ASSUMPTIONS honor Rowland Schaefer, this year's recipient OF NEW YORK of the prestigious National Community Service IN THE HOUSE OF REPRESENTATIVES Experience in dealing with Pyongyang Award given annually by the Simon Thursday, March 4, 1999 since the Agreed Framework was signed challenges several critical assumptions on Wiesenthal Center. I cannot think of a more Mr. GILMAN. Mr. Speaker, North Korea pol- which public and Congressional support for deserving individual for this great honor given icy is undoubtedly one of this country's most U.S. policy has been based. Rowland's extensive record of community ac- pressing foreign policy challenges. With the The first is the assumption made by some tivism. discovery of a secret underground nuclear senior administration officials that the Rowland's unwavering commitment to his weapons-related facility and the launch of a Agreed Framework had ended North Korea’s community is reflected in the multitude of com- three-stage Taepo Dong ballistic missile over nuclear program. munity organizations that he is actively in- our troops and allies in Asia, our policy to- The second is that North Korea is a failed volved with. Rowland is a member of the wards North Korea has been called into seri- state on the verge of collapse and that a Board of Governors and Chairman of the ous question. And rightfully, so. ‘‘hard landing’’—collapse perhaps accom- South Florida Chapter for the Weizmann Insti- Today, I received a copy of a study done by panied by aggression—should be avoided. tute of Science. Through his involvement with a working group of Asia experts under the The third is that the Agreed Framework the institute, Rowland has worked to advance able guidance of former Assistant Secretary of would induce North Korea to open up to the the benefits of solar energy. His efforts were Defense Richard Armitage. The National De- outside world, initiate a gradual process of recently recognized by the Weizmann Institute fense University Strategic Forum ``A Com- North-South reconciliation, and lead to real when they named their solar research com- prehensive Approach to North Korea'' is a reform and a ‘‘soft landing.’’ plex in his honor. In addition to his work with timely and insightful study which will add much These assumptions suggested that, even if the Institute, Rowland is also actively involved to the ongoing debate about the direction of little progress was made on other political/ with diabetes research. He is a long standing our policy towards the Democratic People's security issues, the Agreed Framework was member of the Board of Governors of the Dia- Republic of Korea. an effective, time-buying strategy. At a min- imum, North Korea’s conventional capabili- betes Research Institute. I commend this report to my colleagues and Locally, Rowland is an extremely active ties would continue to degrade (as they the foreign and defense policy community and have). Optimally, the North would solve our member within the Jewish community. As a ask that they give due consideration to the re- problems by ultimately reconciling or unit- Board member of the Greater Miami Jewish port's findings and recommendation as we ing with the South. These assumptions are Federation, Rowland has worked tirelessly to work together to craft a policy which protects now open to question. ensure that the heritage of the Jewish people and advances American interests on the Ko- REALITY CHECK is preserved for generations to come. He was rean peninsula. awarded the special distinction of Honorary Accordingly, Mr. Speaker, I ask that the Na- The disclosure of at least one suspect Vice-President and Humanitarian Founder of tional Defense University's Strategic Forum site—on which construction began prior to the Miami Jewish Home and Hospital for the Number 159 of March 1999 be inserted at this the agreement—reinforces the possibility that Pyongyang has frozen only a portion of Aged for all of his efforts in support of the hos- point in the CONGRESSIONAL RECORD: pital. Additionally, Rowland is a member of the its nuclear program or is seeking to develop [National Defense University, Strategic a covert nuclear weapons program. The Board of Trustees of the Simon Wiesenthal Forum, Number 159, March 1999] Agreed Framework was structured to be- Center, one of the world's foremost Jewish A COMPREHENSIVE APPROACH TO NORTH come stronger over time in constraining the human rights organizations. KOREA Rowland Schaefer's tireless devotion to his (By Richard L. Armitage) 1 national Relations; Carl W. Ford, Ford and Associ- community and to the preservation of his Jew- Since the Agreed Framework (AF) was ates; Kent M. Harrington, Harrington Group L.L.C.; ish heritage make him uniquely deserving of signed by the United States and North Korea Frank S. Jannuzi, Minority Staff of the Senate For- this award. All who know him or know of him eign Relations Committee; Robert A. Manning, Council on Foreign Relations; RADM Michael A. will surely agree that Rowland Schaefer is an 1 Ambassador Richard L. Armitage is President of McDevitt, USN (Ret.), Center for Naval Analyses; extraordinary figure who exhibits an intense Armitage Associates and a former Assistant Sec- James J. Przystup, Institute for National Strategic desire to help his fellow man and contribute to retary of Defense for International Security Affairs. Studies; GEN Robert W. RisCassi, USA (Ret.), L–3 the betterment of society. I wish heartfelt con- He chaired a working group on U.S. Policy Toward Communications Corporation; and Ambassador Paul North Korea whose members included: Johannes A. D. Wolfowitz, Paul H. Nitze School of Advanced gratulations to Rowland, his wife, and their five Binnendijk, Institute for National Strategic Stud- International Studies, The Johns Hopkins Univer- children for this great honor. ies; Peter T.R. Brookes, House Committee on Inter- sity. E342 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 North’s nuclear weapons capability. This proaches to Pyongyang that fail to address toward North Korea has become largely reac- meant deferring the requirement for the Japan’s security concerns. tive and predictable, with U.S. diplomacy North Korean nuclear program to come into North Korea’s provocative actions and bel- characterized by a cycle of North Korean full compliance with the International ligerent posture have challenged—and taken provocation (or demand) and American re- Atomic Energy Agency (IAEA) full-scope advantage of—our interest in stability. For sponse. The intention is to be proactive and safeguards until roughly 2002–03. In effect, Pyongyang, the lesson of the past four years to define the agenda. the agreement accepted the possibility that is that brinkmanship works. This begins with setting new terms of ref- North Korea might have one or two nuclear FOUNDATION FOR A NEW APPROACH erence. Diplomacy must fashion an initiative devices. Since 1994, it is also possible that A Congressionally mandated review has that integrates the entire spectrum of secu- Pyongyang could have acquired additional made it clear that current policy toward rity challenges, while enhanced deterrence nuclear weapons technology and/or fissile North Korea is politically unsustainable. must address what we are prepared to do, material from external sources. Similar political pressures are today evident should diplomacy prove inadequate. Our strategy must be closely coordinated Moreover, the core assumption of immi- in Japan and may soon surface in the Repub- with our allies. It must integrate Tokyo’s in- nent collapse is seriously flawed. Despite se- lic of Korea. The appointment of former Sec- terests and assets, as well as Seoul’s Engage- vere hardships, there are no signs of regime- retary of Defense William Perry to conduct a ment Policy and defense capabilities. Such threatening social or political unrest, or review of policy toward North Korea is an integration, at a minimum, would strength- military disaffection. As underscored in its important step in fashioning a policy that is en the U.S. alliance structure, while posi- 50th anniversary celebration last year, the politically viable and protects the vital in- tioning Washington to deal more effectively North Korean regime appears to have con- terests of the United States and its allies. solidated itself under Kim Jong Il. A new approach must treat the Agreed with Pyongyang. There are also no signs that the regime is A new approach to North Korea will nec- Framework as the beginning of a policy to- contemplating any radical market-oriented essarily test China’s intentions. Beijing was ward North Korea, not as the end of the reforms. Instead, forced by necessity, it is helpful in the process leading to the Agreed problem. It should clearly formulate answers experimenting at the margins with modest Framework, and the United States publicly to two key questions: first, what precisely do reform to alleviate food shortages at the cites that cooperation as a major payoff of we want from North Korea, and what price local level and gain hard currency. With Chi- its China policy. are we prepared to pay for it? Second, are we nese aid and a variety of hard currency But China is also pursuing its own agenda. prepared to take a different course if, after schemes—missile exports, counterfeiting, Beijing is sustaining North Korea with aid, exhausting all reasonable diplomatic efforts, narcotics trafficking, selling overflight despite Pyongyang’s apparent unwillingness we conclude that no worthwhile accord is rights—the regime has been able to keep to heed its advice. China has resisted active possible? cooperation—with the Korean Peninsula En- urban areas minimally functioning. By all Current policy is fragmented. Each compo- ergy Development Organization, with the appearances, the regime may be able to stag- nent of policy—implementing the Agreed World Food Program, and on missiles. Its ger on indefinitely. Framework, four-party peace talks, missile Starvation has not politically weakened independent actions pose a challenge to any talks, food aid, POW-MIA talks—operates the regime. As demonstrated in the cases of successful U.S. policy. No approach to North largely on its own track without any larger Ukraine under Stalin and China under Mao, Korea is likely to succeed absent some modi- strategy or focus on how the separate pieces there is not necessarily a connection be- cum of active cooperation from—and clear fit together. In the absence of a comprehen- tween human misery and the stability of the understanding with—China. Beijing must un- sive policy, North Korea has held the initia- regime in a totalitarian system. The regime derstand that it will either bear a burden for tive, with Washington responding as has been willing to destroy an entire genera- failure or benefit from cooperation. Pyongyang acts as demandeur. tion to preserve its power. A successful approach to North Korea must OPERATIONAL ELEMENTS OF A NEW At the same time, Pyongyang has spurned be comprehensive and integrated, and must COMPREHENSIVE APPROACH the political overtures of the most concilia- address the totality of the security threat. We would propose a new comprehensive ap- tory president in the history of the Republic The stakes involved should make Korea a proach for management of the problems of Korea, Kim Dae Jung. President Kim has matter of the highest priority for the Presi- posed by North Korea. The package should written volumes on Korean unification, in- dent. This will require sustained attention to combine the elements of deterrence and di- cluding plans for reunification that are simi- manage the issue with Congress, our Korean plomacy cited below. This package is not of- lar to those offered by the late Kim Il Sung. and Japanese allies, and China. The diplo- fered with any unwarranted optimism re- The unwillingness to deal seriously with Kim macy leading to the Agreed Framework had garding what is possible vis-a´ -vis North Dae Jung suggests a fundamental fear that such focus when Robert Galucci was named Korea. Thus, the strengthening of deterrence North-South reconciliation would undermine special coordinator, reporting directly to the is central to this package. the legitimacy of the regime in Pyongyang. Secretary of State and the President. Unfor- To make a comprehensive approach sus- President Kim’s Sunshine Policy (now tunately, after Ambassador Galucci left his tainable politically, it is critical to start known as the Engagement Policy) has estab- Korea post in 1995, no successor was named. with and maintain close coordination with lished a formula for reconciliation on the pe- The logic of the policies pursued by the Congress. To be successful, policy toward the ninsula, while deferring the ultimate goal of United States, its allies, and China has been Korean peninsular requires a foundation of reunification as a practical matter. To date, one of muddling through. This has allowed strong bipartisan support. A regular mecha- Pyongyang has responded to Seoul’s eco- North Korea to obtain economic benefits nism for executive-legislative interaction nomic, social, and cultural nongovernmental while maintaining its military threat. Given should be developed. The former Senate overtures, but has rejected any political rec- the opacity of North Korea’s totalitarian re- Arms Control Observer Groups on U.S.-So- onciliation with South Korea. Moreover, as gime, its decision-making process is un- viet relations can serve as a model. evidenced by recent incidents of military in- knowable. Only by fairly testing To protect U.S. and allied interests, a filtration, it continues its aggressive behav- Pyongyang’s intentions through diplomacy strengthening of deterrence must support di- ior. can we validate policy assumptions. If a dip- plomacy. Deterrence depends essentially on WHO IS BUYING TIME? lomatic solution is not possible, it is to our the proper blend of diplomacy, declaratory The notion that buying time works in our advantage to discover this sooner rather policy, and demonstrable military capabil- favor is increasingly dubious. A growing than later in order to best protect our secu- ity. As a result, if diplomacy fails, North body of evidence suggests that it is North rity interests. If North Korea leaves no Korea should be faced with the consequences Korea that is buying time—to consolidate choice but confrontation, it should be on our of its choice: isolation or containment in an the regime, continue its nuclear weapons terms, not its own. environment in which U.S. leadership and al- program, and build and sell two new genera- One cannot expect North Korea to take liance structures have been reinvigorated tions of missiles, while disregarding the U.S. diplomacy seriously unless we dem- and strengthened, allowing the United well-being of its 22 million people. Kim Jung onstrate unambiguously that the United States, the Republic of Korea, and Japan to Il’s assumption of the post of Chairman of States is prepared to bolster its deterrent act together. North Korea’s Military Commission has military posture. This can be done without The following steps are critical to bolster- raised the influence of the armed forces. appearing to threaten Pyongyang. At the ing credible deterrence. These developments have created an increas- same time, policy should provide an ade- The United States should encourage Japa- ingly dangerous security environment in quate incentive structure to any forces in- nese leaders to accelerate the timetable for Northeast Asia. side the North Korean elite who may be in- Guidelines Legislation, and to underscore Indeed, North Korea’s nuclear weapons clined to believe that the least bad choice for the importance of the U.S.-Japan alliance to program and the development of missile de- survival is one of civil international behav- Tokyo’s security interests in the region and livery systems have combined to pose an en- ior and opening. To convince the North to beyond. hanced threat to the security of Japan. This modify its posture, we need a larger concep- The United States should call for a tri- threat has grown even as Japan has contin- tual framework, with greater incentives and lateral (the United States, Republic of ued to support the Agreed Framework and corresponding disincentives. Korea, and Japan) defense ministers consult- its light-water reactor project. Yet we can- The first step toward a new approach is to ative meeting to address a range of peninsula not expect Tokyo’s continued support for ap- regain the diplomatic initiative. U.S. policy contingencies. In particular, this meeting CONGRESSIONAL RECORD — Extensions of Remarks E343 should consider actions to implement force the ability to build and sustain a coalition if U.S. diplomacy must integrate Seoul’s En- enhancement options, which might include North Korea does not cooperate. Most impor- gagement Policy (e.g., government approval agreements to increase counter-battery tantly, the failure of enhanced diplomacy of investment projects, particularly large in- radar around Seoul and deploy more Patriot should be demonstrably attributable to dustrial investment by major firms known as batteries to Japan from Europe and the con- Pyongyang. Chaebol) with the broad policy objectives of tinental United States. Public statements The objective of negotiations should be to the comprehensive package. should also focus on deepening missile de- offer Pyongyang clear choices in regard to As a step-by-step roadmap to a more coop- fense cooperation, as well as a spectrum of its future: on the one hand, economic bene- erative relationship, economic benefits be- military exercises to deal with a variety of fits, security assurances, political yond humanitarian aid should be phased in North Korean actions. legitimization, on the other, the certainty of as North Korea implements threat reduction ‘‘Red Lines’’ should be drawn. The United enhanced military deterrence. For the measures. In the context of an economic as- States, together with the Republic of Korea United States and its allies, the package as sistance package, the United States could and Japan, should clarify what is unaccept- a whole means that we are prepared—if consult with North Korea to review the en- able behavior and underscore that provoca- Pyongyang meets our concerns—to accept ergy component of the Agreed Framework to tive military action by North Korea will not North Korea as a legitimate actor, up to and develop alternate energy sources. be tolerated and will provoke a response. including full normalization of relations. 5. Security assurances: The United States, The Pentagon should undertake a review of Negotiations would address the following: along with the Republic of Korea and Japan, the American presence in South Korea, not 1. The Agreed Framework: We should make should propose a six-party (the United with a view to reduction, but to ensure that clear our intention to honor existing com- States, Russia, China, Japan, South Korea, U.S. forces can optimally deal with the mitments, but also underscore that the po- and North Korea) meeting to deal with the evolving nature of the North Korean threat. litical and security environments have dete- security of North Korea. A multilateral com- As a separate but related action, the Pen- riorated significantly since October 1994 be- mitment should be based on the pledges tagon and the commander in chief of Com- cause of North Korea’s actions. To sustain made in Kim Dae Jung’s inaugural address— bined Forces Command in the Republic of support for the agreement, it is imperative that we have no intent to implode North Korea should conduct a review to determine that the issues regarding the suspect site(s) Korea, to absorb North Korea, or to force what mix of surveillance, radar, and other and missiles be addressed. North Korea to change its political system. Sites: We should note that suspect sites weapons is required to improve the defense Assurances could run the gamut from a are covered in the ‘‘confidential minute’’ to of Seoul against bombardment or surprise pledge of nonaggression to a commitment to the Agreed Framework. Our objective is to attack. To underscore alliance commit- respect the sovereignty and territorial integ- have a credible mechanism to increase on- ments, the United States should also an- rity of North Korea. Our goal should be to going transparency of the present site—but nounce that it is prepared to augment forces foster an environment making it as easy as not be limited to that site. The United in theater. possible for Pyongyang to choose reform. States should make it clear in a unilateral To enhance the prospects for the com- The United States and its allies should prehensive package and to advance U.S. and statement that the comprehensive package encompasses any suspect site in North make it clear that we are prepared to coexist allied interests, diplomacy must be closely with a less threatening regime in the North. coordinated with Seoul, Tokyo, and Beijing. Korea. Plutonium: To bring North Korea prompt- 6. Normalization: If North Korea satisfies The U.S. point person should be designated our security concerns, the United States by the President in consultation with Con- ly into compliance with IAEA safeguards, we need to prepare for IAEA inspections under should be prepared to move toward full nor- gressional leaders and should report directly malization of relations. to the President. This step also aims to move the agreement. North Korean cooperation in the issue to the highest possible level of de- preserving the historical record of its past SHOULD DIPLOMACY FAIL cisionmaking in North Korea. nuclear activities is critical. In addition, a The one enduring element of this initia- Diplomacy should seek to align South Ko- new bargain should include early removal tive—irrespective of North Korea’s re- rean and Japanese policies to influence posi- from North Korea of the nuclear spent fuel sponse—is the reinforcing of U.S. leadership tively North Korean behavior as well as to currently in storage at Yongbyon. in maintaining stability and enhancing secu- Quid pro quo: Accelerating the process of reinforce military deterrence. rity in this critical region. The U.S. effort to resolving site questions, and the issue of The United States should propose a tri- strengthen security cooperation with our IAEA compliance, could likely require a U.S. lateral (United States, the Republic of key allies—the Republic of Korea and commitment to expedite the construction of Korea, and Japan) foreign minister-level Japan—is an integral part of this leadership the two light-water reactors, and negotia- consultative meeting. The goals should be to and becomes even more central to regional tion of a United States-North Korean nu- name high-level point persons, establish co- security. ordinating mechanisms, and raise the issue clear cooperation agreement. 2. Missiles: North Korean missiles have be- The virtue of this initiative is that it will to the level of a presidential national secu- test North Korea’s intentions, discover rity priority. Trilateral coordination should come a far more prominent problem that was the case when the Agreed Framework was whether diplomacy holds any real possibility reach understandings on a division of respon- of yielding positive results, and, in the proc- sibilities for the comprehensive proposal. signed. It implicitly puts the missile prob- lem on the agenda. Our near-term objectives ess, restore U.S. leadership. This would en- China’s active cooperation is vital. Be- able us to bolster a coalition to deter and cause the United States and China share are to end testing and exports, and, over the long term, to obtain North Korean adherence contain North Korea. It is aimed at leaving common interests with respect to the Korean Pyongyang significantly wore off than if it peninsula, we expect China to act in a posi- to the Missile Technology Control Regime limits. However, if missile exports continue had chosen a future of cooperation on mutu- tive manner. Active cooperation will en- ally beneficial terms. hance Sino-American relations. However, if and the United States can identify them, we should do what we can to intercept those Should diplomacy fail, the United States conflict occurs as a result of inadequate co- would have to consider two alternative operation, Beijing will bear a heavy respon- shipments. We will make it clear that we will act under the UN Charter’s right of self- courses, neither of which is attractive. One sibility. Moreover, the burden of keeping is to live with and deter a nuclear North North Korea on ‘‘life support’’ will fall defense. 3. Conventional threat: The United States Korea armed with delivery systems, with all squarely on China if our diplomatic initia- should table a proposal for confidence build- its implications for the region. The other is tive fails. ing measures to begin a process aimed at re- preemption, with the attendant uncertain- THE COMPREHENSIVE PACKAGE ciprocal conventional force reductions. Any ties. United States objectives should be main- new peace mechanism should be linked to Strengthened deterrence and containment. taining and as necessary strengthening de- the reduction of the conventional threat. This would involve a more ready and robust terrence, and eliminating through peaceful 4. Food/economic assistance/sanctions: The posture, including a willingness to interdict means the military threat posed by North United States should continue to provide North Korean missile exports on the high Korean nuclear, chemical, biological, and some humanitarian food and medical aid seas. Our posture in the wake of a failure of conventional weapons and missiles. Our goal with the caveat of increased transparency on diplomacy would position the United States is to reduce the risks to the United States, distribution. But, our emphasis would be on and its allies to enforce ‘‘red lines.’’ the Republic of Korea, and Japan. To the ex- assisting North Korean economic restructur- Preemption. We recognize the dangers and tent the threat cannot be eliminated, the ing. We would support actions that open its difficulties associated with this option. To goal is to contain the residual threat. In ad- economy to market forces. We are prepared be considered, any such initiative must be dition, the United States seeks to facilitate to further ease sanctions and support its based on precise knowledge of facilities, as- South-North reconciliation. membership in the international financial sessment of probable success, and clear un- Washington should table an offer that institutions, recognizing that this requires derstanding with our allies of the risks. meets Pyongyang’s legitimate economic, se- change on the part of Pyongyang. If the We are under no illusions about the pros- curity, and political concerns. This would North takes the necessary steps, the United pects for success of the comprehensive pack- allow the United States to seize the diplo- States, with its allies, should consider estab- age outlined above. The issues are serious matic initiative as well as the moral and po- lishing a Korean reconstruction fund within and the implications of a failure of diplo- litical high ground. It would also strengthen the World Bank or Asian Development Bank. macy are profound. E344 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 CELEBRATION OF 90 YEARS ST. TRIBUTE TO TERRY ‘‘TED’’ legislation. Current law authorizes the minting JOSEPH’S PARISH, WEST ALLIS, OLIVER of twenty-five cent coins to commemorate WISCONSIN each of the 50 states through state-specific HON. NICK SMITH designs on one side of the coins. It is a ten- OF MICHIGAN year program, with five states being honored HON. GERALD D. KLECZKA IN THE HOUSE OF REPRESENTATIVES each year. This bill amends current law by adding an OF WISCONSIN Thursday, March 4, 1999 eleventh year to the program. During this year, IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Michigan. Mr. Speaker, I rise the District of Columbia and the four insular today to honor the life and lament the passing areas, American Samoa, Guam, Puerto Rico, Thursday, March 4, 1999 of Mr. Terry ``Ted'' Oliver, a true hero and self- and the U.S. Virgin Islands, would also be rec- Mr. KLECZKA. Mr. Speaker, I am pleased less contributor to the community of Eaton ognized through the minting of twenty-five cent to rise today to honor the men and women of Rapids, MI. coins. Commemorative designs on one side of Mr. Oliver was assistant fire chief and a the coins would be submitted by the chief ex- St. Joseph's Parish, West Allis, Wisconsin, as proud member of Eaton Rapids' volunteer fire ecutive officer of these areas. they celebrate the church's proud heritage and department. His family, fellow fire fighters, and This legislation is very timely for my Con- its 90th anniversary with a special Mass and the community as a whole all suffered a pro- gressional district, Mr. Speaker. American dinner on March 21st. found loss when Ted died fighting a residential Samoa will celebrate the centennial of its Shortly after the turn of the century, the fire on the 19th of this past month. union with the United States in the year 2000. steady expansion of farm and industrial ma- Fire fighters like Ted risk their lives each American Samoa has a long, proud history chinery firms led many immigrants to the roll- day to protect our lives, homes, businesses, of supporting the United StatesÐever since the traditional leaders of the main island of ing fields and wide-open spaces of the city of and belongings. Ted Oliver undertook this duty for 33 years. During this time he developed a Tutuila ceded their island to the United States West Allis. Satisfied with a sense of security reputation for being a dedicated, selfless, on April 17, 1900. Tutuila's beautiful harbor is and prosperity offered by West Allis, many mentor and friend. He was always enthusiastic the deepest in the South Pacific, and the port Polish immigrants settled in the city. These about donating his time and energy to the fire village of Pago Pago was used as a coaling men and women soon approached the Mil- department, but his contributions did not end station for U.S. naval ships in the early part of waukee Archdiocese for permission to erect a there. the century and as a support base for U.S. church and school in their own new neighbor- Eaton Rapids also remembers Ted as a soldiers during World War II. To this day, hood, one which would praise God in their na- local humanitarian and Good Samaritan. He American Samoa serves as a refueling point tive tongue and further teach and strengthen was well known as a generous neighbor who for U.S. naval ships and military aircraft. them and their growing families. In 1906, the would shovel driveways, wash windows, and At the present time, American Samoans Archbishop agreed to send the new parish a fix anything from bicycles to automobiles for have a per capita enlistment rate in the U.S. military which is as high as any state or U.S. Polish speaking priest for their church and members of the community who needed his assistance. He is survived by Carol, his wife of territory. Our sons and daughters have served Polish speaking nuns for their school. At a No- 38 years, 4 children, 14 grandchildren, and an in record numbers in every U.S. military en- vember meeting the name Saint Joseph was entire community that mourns his loss. gagement from World War II to the present chosen as Patron of this new church. Dozens of fire trucks and hundreds of operations in the Middle East. We have stood A temporary pastor was appointed and the mourners attended Ted's February 22 memo- by the United States in good times and bad, beginnings of St. Joseph's parish were slow. rial service to pay their respects and honor the and we will continue to do so. However, once a definite site for the parish life of this local hero. I myself was honored to Congress has recognized American Sa- church and school were agreed upon, things visit the National Firefighters' Memorial this moa's proud heritage on numerous occasions, and many of my constituents have asked that moved quickly. Twenty lots on Mitchell Street, past Monday, where Ted's name was posted and the flag was lowered in his honor. Today, the United States Government provide special between 64th and 65th Street, the present site I rise before this Congress of the United recognition of the 100th year of our union. I of St. Joseph's, were purchased at a cost of States of America, to likewise honor and pay believe it would be most fitting to acknowledge $2,200. The first resident pastor, Father Anton tribute to the life of this great and beloved citi- the centennial anniversary of our relationship Kierzek, was appointed in the fall of 1908. The zen. with the United States with the issuance of a building's cornerstone was laid in March of I believe Mr. Richard Freer, Eaton Rapids' commemorative coin, and I am optimistic that 1909 and the wooden two-story structure, built fire chief, best expressed the thoughts of the this bill will become public law later this year. for $7,500, was dedicated in May. department and the community with the f words, ``We can put someone in his place, but Thus, the works and deeds of a small group O’DEA ELEMENTARY SCHOOL of Polish immigrants were successful in erect- we'll never replace him.'' f ing a temple for worship and a school to train HON. BOB SCHAFFER and rear their offspring. The city of West Allis LEGISLATION TO AMEND THE 50 OF COLORADO grew rapidly; local industries flourished. More STATES COMMEMORATIVE COIN IN THE HOUSE OF REPRESENTATIVES Polish families built homes near the parish. In PROGRAM ACT Thursday, March 4, 1999 1924, plans for a new parish building, both chapel and school, were completed. This HON. ENI F.H. FALEOMAVAEGA Mr. SCHAFFER. Mr. Speaker, I rise today structure, built of block and brick, has become OF AMERICAN SAMOA to pay humble tribute to the students, teachers a familiar landmark in the city to the present. IN THE HOUSE OF REPRESENTATIVES and parents of O'Dea Elementary School in Colorado for their efforts to help the needy A roll call of the parish leaders over the Thursday, March 4, 1999 during the holidays. I commend the faculty of years reveals traditional Polish names: Mr. FALEOMAVAEGA. Mr. Speaker, I rise the school as well as all the students, parents Szukalski, Lipinski, Iglinski, Barczak, in strong support of legislation which is being and individuals who contributed to their special Makowski, Bieniewski, and Barszczewski. The introduced today by Congresswoman ELEANOR canned food drive. Their selfless dedication names of the parish priests since the early HOLMES-NORTON with the four Congressional has provided warmth, comfort and happiness 1960s continues that Polish tradition: Fathers delegates as cosponsors. The legislation to families in Colorado. That the school pro- Peksa, Piechowski and the current priest, Fa- would amend the 50 States Commemorative duced over 1,200 pounds of food, and funds ther James Posanski. Coin Program Act to extend the program by from candy cane sales for the benefit of the an additional year for the purpose of including needy is testament to the true meaning of the Congratulations to the men, women and the District of Columbia, American Samoa, spirit of Christmas and Hanukkah. Let us re- families of St. Joseph's Parish on your proud Guam, Puerto Rico and the United States Vir- member, as these good people have, that the heritage and 90 years of service and worship. gin Islands. holiday season is one of giving, one of joy, May God continue to bless each and every Mr. Speaker, in the 105th Congress when and one of hope. Let the childrens' example one of the parish members as they face new we passed the Commemorative Coin Program during the holidays be a beacon to us all challenges. Act, the insular areas were omitted from the throughout the year. CONGRESSIONAL RECORD — Extensions of Remarks E345 ST. LUKE BAPTIST CHURCH SENIOR CITIZEN PROPERTY TAX ship of the 1973 Roe v. Wade Supreme Court CELEBRATES 120 YEARS REDUCTION VOUCHERS decision. Despite the philosophical, moral and theological retribution that he experienced for HON. RICHARD E. NEAL his decision, Justice Blackmun believed, ``The right of privacy * * * is broad enough to en- HON. ELEANOR HOLMES NORTON OF MASSACHUSETTS compass a woman's decision whether or not OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES to terminate her pregnancy.'' Blackmun had IN THE HOUSE OF REPRESENTATIVES Thursday, March 4, 1999 the strength of his convictions and the cour- age and integrity to pursue and implement Thursday, March 4, 1999 Mr. NEAL of Massachusetts. Mr. Speaker, today I am introducing legislation along with such judgment. Justice Blackmun was a man of constant Ms. NORTON. Mr. Speaker, I rise today to several of my colleagues in the Massachusetts adaption and change, adjusting to the times honor the 120th anniversary of the establish- Delegation to alter the federal tax treatment of gracefully. During his early days on the court, ment of Saint Luke Baptist Church. I am real property tax reduction vouchers received by senior citizens for volunteer work. he was considered among its most conserv- pleased to enter into the RECORD the church's ative and he was referred to as ``The Min- inspiring history. Several towns in Massachusetts have tried to ease the problem senior citizens who live nesota Twin'' of fellow East Sider and kinder- Saint Luke Baptist Church was organized at on fixed incomes face due to rising property garten classmate, Chief Justice Warren E. Fort Totten, District of Columbia on March 23, taxes. These towns have allowed senior citi- Burger, for their identical voting patterns. By 1879. It evolved from a series of religious zens to perform volunteer work for the town in the end of his first decade on the court, how- meetings, held over a two year period in the exchange for a voucher that reduces their ever, Blackmun's independent streak became home of Brother Solomon Kemp. Other origi- property taxes by up to $500. Seniors have apparent and he was ironically considered nal members were Brothers George Brooks, volunteered in libraries, recreational centers, among the court's most liberal. Justice Black- James Clark, Walker Clark, Frank Grinage, parks and senior centers in exchange for mun wrote for the court when it ruled that Sydney Walker, Anthony Walker, and Sister these vouchers. Congress has the power to enforce local com- Lucy Jenkins. Reverend Shelton Miller was The House of Representatives of the Com- pliance with federal laws requiring overtime the spiritual leader of the group and became monwealth of Massachusetts passed a bill last pay for more than 40-hour work weeks and the first pastor. The group continued to wor- year to exempt these vouchers from income became the lone dissenter advocating for the ship in the home of Brother Kemp until the in- for purposes of the State income tax. While rights of Haitians to have hearings before crease in membership made those quarters in- the State Senate did not take up the bill last being forced to return to their homeland. As a Member of Congress, most of our efforts and adequate. The first church was erected at year, I am informed that this issue will be utterances are seldom put to work, but it was Shepherd Road and Magnolia Avenue, NW. brought up again in the State Legislature this a real honor to have Justice Blackmun employ As the membership continued to grow, it be- year. my comments in an objecting dissent brief to came necessary to move again. The new The legislation I am introducing would ex- the severance tax policy. church was located at Shepherd Road and clude from gross income vouchers issued by In the twilight of his life, at the age of 88, Georgia Avenue and thrived there for thirty-six a government unit and received by senior citi- the retired Justice even tried his hand at act- years when the site was purchased to create zens in exchange for volunteer work. The ing, playing a cameo role as a supreme court what is now known as Missouri Avenue. In voucher could only offset real property taxes imposed by the government unit that issued justice in Steven Spielberg's ``Amistad.'' It was 1928 a new edifice was erected at Fourteenth a natural role for this great American jurist. and Peabody Streets NW. It is worthy of note the voucher, and no real property tax deduc- tion would be allowed to the extent of the Justice Blackmun's spirit will live on through that the three churches were built within a one his contributions to society. He leaves a won- mile radius and were constructed by Reverend amount excluded from gross income by the voucher. The legislation also exempts these derful legacy. Blackmun is survived by his Shelton Miller, church members, and friends. vouchers from employment taxes, and senior wife, Dorothy, and three daughters. My sym- Saint Luke was a beacon of light in the citizens who are at least 65 are eligible. pathy and best wishes to them. Brightwood area and obtained its Charter of Mr. Speaker, this legislation enhances an Incorporation on January 15, 1898. important and creative program being imple- f Saint Luke Baptist Church thrived under the mented in many towns in Massachusetts. I RIFFENBURGH ELEMENTARY inspired leadership of Reverend Shelton Miller very much hope we can address this issue SCHOOL (1879±1931), Reverend Arthur Chichester this year, and encourage other towns in Mas- (1931±48), and Reverend John Lucas (1948± sachusetts and across the country to ease the 72). Saint Luke's anointed and dynamic pas- financial plight of many of our senior citizens. HON. BOB SCHAFFER toral ministries now flourish under the Rev- f OF COLORADO erend Aubrey C. Lewis (1974±present). COMMEMORATING THE CONTRIBU- IN THE HOUSE OF REPRESENTATIVES Church outreach programs are diverse and TIONS OF RETIRED SUPREME Thursday, March 4, 1999 include all age groups. The Bible study pro- COURT JUSTICE BLACKMUN gram has evolved into the Saint Luke Bible In- Mr. SCHAFFER. Mr. Speaker, I rise today stitute, the Senior Adult Ministry (SAM) pro- to pay humble tribute to the students, teach- vides entertaining cultural and spiritual activi- HON. BRUCE F. VENTO ers, and parents of Riffenburgh Elementary ties for retired and senior members, church re- OF MINNESOTA School in Colorado for their efforts to help a treats provide opportunities for study and re- IN THE HOUSE OF REPRESENTATIVES family in need during the holidays. Sadly, a local family's home was destroyed by fire. I flection, and the day care center is a source Thursday, March 4, 1999 of employment for church members and com- commend the faculty of the school as well as munity residents as well as a source of reve- Mr. VENTO. Mr. Speaker, I am deeply sad- all the students, parents, and individuals who dened by the passing of Retired Supreme nue for the church. The Youth and Young contributed to their special efforts. Their self- Court Justice Harry A. Blackmun. Justice Adult Ministry (Y.Y.A.M.) provides Christian less dedication has provided warmth, comfort, Blackmun lived a productive life of 90 years and happiness to the Lund family in light of programs for the church's youngest age and was a well-respected legal mind. An Illi- this recent tragedy, and to other families less groups. In 1998, the outreach program ex- noisan by birth, Blackmun was raised in St. fortunate than most. That the school produced panded to a new level with the initiation of a Paul's East SideÐmy lifelong home which I so much for these needy families is testament Cable Television Ministry. am today honored to represent. Before his 24 to the true meaning of the spirit of Christmas Mr. Speaker, I ask my colleagues to join me years of service on the nation's highest court, and Hanukkah. Let us remember, as these in acknowledging the many sacrifices, freely Blackmun practiced law in the Twin Cities for good people have, that the holiday season is made, required to write each chapter of Saint nearly 20 years. one of giving, one of joy, and one of hope. Let Luke's rich history and to celebrate a spiritual As Blackmun himself always said, he will be the children's example during the holidays be and civic anchor in the Brightwood community. remembered most for his controversial author- a beacon to us all throughout the year. E346 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 SOCIAL SECURITY INVESTMENT NATIONAL TRIO DAY and family can sponsor volunteers by pledging FUND ACT OF 1999 money for each hour per book read during the HON. JOHN W. OLVER Rally period. Eighty percent of all monies raised by volunteers will stay in the local com- HON. ROSCOE G. BARTLETT OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES munity and directly benefit individuals who OF MARYLAND need reading help. In addition to highlighting Thursday, March 4, 1999 the importance of families reading together, IN THE HOUSE OF REPRESENTATIVES Mr. OLVER. Mr. Speaker, I rise in honor of this event gives participants a sense of ac- Thursday, March 4, 1999 National TRIO DayÐcelebrated each year on complishment about their efforts to support lit- the last Saturday in FebruaryÐto recognize eracy. Mr. BARTLETT of Maryland. Mr. Speaker, the importance of the Federal TRIO Program. Once again, I would like to congratulate the today Mr. MARKEY and I introduced the ``Social ``What is TRIO?'' To millions of disadvan- Beaumont Teachers of America and Literacy Security Investment Fund Act of 1999'' with taged Americans the answer is quite simple: Volunteers of America for their fine work. Mr. POMEROY, Mr. DUNCAN, and Mr. MATSUI. ``TRIO equal opportunity.'' f This bill gives legislative form to the need to TRIO identifies aspiring students from poor provide workers with a reasonable return on families, prepares them for college-level work, TAVELLI ELEMENTARY SCHOOL their Social Security payroll taxes while main- and helps them define and achieve their taining the guaranteed benefit foundation of goals. HON. BOB SCHAFFER the current Social Security system. It would TRIO plans a critical role in leveling the OF COLORADO authorize the investment of a portion of the educational playing field in our country. IN THE HOUSE OF REPRESENTATIVES Social Security surplus in the private sectorÐ Since 1965, over 10 million Americans have Thursday, March 4, 1999 a diversification strategy used by nearly every benefitted from TRIO programs, which in- other public pension fund in America. It would cludeÐTalent Search, Upward Bound, Student Mr. SCHAFFER. Mr. Speaker, I rise today restrict this discretion, however, to a very con- Support Service, Ronald McNair Post-Bacca- to pay humble tribute to the students, teach- servative form of investment called ``index laureate Program, and Educational Oppor- ers, and parents of Tavelli Elementary School funds.'' Management would be passive, not tunity Centers. in Colorado for their efforts to help the needy active, and the return on investment would In my Congressional DistrictÐin western during the holidays. I comment the faculty of mirror the return of the market as a whole, not and central MassachusettsÐTRIO serves the school as well as all the students, parents, individual stocks. In this way, the system 2500 students each year at 8 separate col- and individuals who contributed to their special would benefit from a higher rate-of-return leges and universities. canned food drive. Their selfless dedication while protecting the system against the shock TRIO has helped many of my constituents has provided warmth, comfort, and happiness of market downturns. lift themselves out of poverty and climb into to families in Colorado. That the school pro- The main features include: promising careers as teachers, lawyers, doc- duced so much for the Salvation Army for the benefit of the needy is testament to the true An addition of 6 years of solvency to the tors, journalists, and business owners. meaning of the spirit of Christmas and Hanuk- Social Security System without resort to bene- TRIO means opportunity to young people kah. Let us remember, as these good people fit cuts, payroll tax increases or government across the country who would otherwise not have, that the holiday season is one of giving, borrowing. be able to attend college and pursue their dreams. one of joy, and one of hope. Let the children's The locking-up of Social Security surpluses I urge this Congress to recognize the na- example during the holidays be a beacon to for Social Security only. tional success of TRIO programs, and to us all throughout the year. Assumption by the government of the risks renew our commitment to educational oppor- f of ups and downs in the market so that retire- tunity. ment benefits remain guaranteed. f TRIBUTE TO COACH DAVEY WHIT- NEY AND THE ALCORN STATE The structure of the investment program is THE INCREDIBLE READING RALLY BRAVES as follows: 1. Independence. We establish the Invest- HON. BENNIE G. THOMPSON ment Board as an independent agency. Its ac- HON. NICK LAMPSON tivity is self-funded, and its authorization ex- OF TEXAS OF MISSISSIPPI plicitly forbids muddying the pursuit of its fidu- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ciary duty with social, political or religious ob- Thursday, March 4, 1999 Thursday, March 4, 1999 jectives. Mr. LAMPSON. Mr. Speaker, I rise today to Mr. THOMPSON of Mississippi. Mr. Speak- 2. Limited Risk. The amount to be invested commend the Beaumont Teachers Association er, it gives me extreme pleasure to stand be- in stocks would remain far less than the and the Literacy Volunteers of America for fore you and recognize the accomplishments amounts already invested in the market by their terrific work performed in raising money and success of one of Mississippi's finest bas- public pension fundsÐa small fraction of the for the adult literacy programs at the Literacy ketball coaches, Coach Davey Whitney, men's market as a whole. Depot in Beaumont, TX, this week. head basketball coach at Alcorn State Univer- 3. Professionalism. The Board hires fund Since 1996, Literacy Volunteers of America sity. Coach Whitney was the first coach to managers already engaged in managing (LVA) has raised national awareness of lit- lead a team from a historically black college or money in the financial markets for private in- eracy issues and funds to provide a solution university (HBCU) to victory in the NCAA and vestors. through the Incredible Reading Rally. Devel- NIT tournaments. oped collaboratively among literacy program Alcorn State University, located in Lorman, 4. Conservatism. Each fund manager in- managers, volunteers and LVA national lead- Mississippi, was once known as a basketball vests only in equity index funds that mirror the ership, the Incredible Reading Rally involves powerhouse under the guidance of Coach market broadly (e.g. the Wilshire 5000) so that thousands of adults, school children, busi- Whitney. During his first stint as head coach, the government is at no time engaged in the nesses, and organizations around the country the Braves enjoyed 17 straight winning sea- business of picking winners and losers. each February. sons, nine Southwestern Athletic Conference 5. Diversification. The total amount allocated Kick-off events have ranged from gala eve- (SWAC) titles, three National Collegiate Ath- to each fund manager is limited so that no one nings and public appearances by Garfield the letic Association (NCAA) tournament appear- controls a disproportionate share of the overall Official Spokescat of the Rally, to celebrities ances and two National Invitational Tour- activity of any single company. like Miss America reading their favorite books nament (NIT) appearances. Then Coach Whit- 6. Neutrality. In proxy battles, the fund man- to school children. Through the generous ney retired. agers would not decide how to vote the sponsorship of Ferrero USA, Literacy Volun- Three years ago he was called upon to re- shares. The shares would instead be voted teers of America is able to provide materials turn and revive the winning program. Through automatically through ``mirror voting'', where and supplies to its participating affiliates at no hard work by Coach Whitney and his staff, the fund's votes are cast in the same propor- cost to the local programs. along with the dedication of this young tal- tion as the votes cast by all other sharehold- Other corporate sponsors may contribute ented ball club, the Braves are currently enjoy- ers. through either cash or prize donations. Friends ing their best season since 1986, the last time CONGRESSIONAL RECORD — Extensions of Remarks E347 Alcorn won the SWAC title. Therefore, it is fast-growing states to build new schools, re- The revenue costs of this legislation amount only fitting that in 1999, while Coach Whitney duce class sizes and overcrowding and foster to the modest sum of $2.3 billion which could is on the brink of accomplishing that same an orderly and disciplined learning environ- easily be offset by tightening loopholes in the goal with the very same program, that I take ment. To date, I have gathered more than tax code and minimal reductions in current time out to recognize him. twice as many original cosponsors this year federal government spending. There is no At the age of 69, Coach Whitney's goal this than the bill enjoyed in the last Congress, and need to utilize the current and future budget time around is to get the basketball program I urge all of my colleagues to join me in sign- surpluses to pay for this legislation. Therefore, back on its feet and train someone to replace ing on to this important legislation. this bill is budget neutral. Below are listed ex- him. Although some may view this as a wise As the former Superintendent of North Caro- amples of current government expenditures decision, I know that there are many Braves lina's schools, I know firsthand how important that could be trimmed or eliminated. My indi- fans out there who are lobbying for him to stay quality facilities are to our children's education. vidual colleagues who support the Etheridge for as long as he wants. The General Accounting Office has identified School Construction Act may not agree with Mr. Speaker, Coach Whitney exemplifies more than $112 billion in school construction each and every provision I suggest we curtail college basketball in every way. His track needs across the country. The Secretary of to finance this important priority, but the list il- record shows that he has what it takes to be Education has reported that the ``Baby Boom lustrates opportunities for savings available to successful and stay successful in college bas- Echo'' will create an explosion of growth in the accommodate the pressing need for new ketball. Keep up the good work Coach and the school-age populations in many states over schools. The Green Scissors Campaign and best of luck to you and your ball club as you the next ten years. In fact, the experts at the other sources have identified these items. continue on your quest for greatness. U.S. Education Department have projected Mining Reform. Under the General Mining f that my state's high school enrollment will Law of 1872, anyone may explore open public grow by 27.1 percent over the next ten years. lands for hardrock minerals including gold, sil- ELIMINATION OF AID TO TURKEY Almost all of my Congressional District's nine ver, lead, copper, zinc and many others. Each counties have experienced tremendous growth year, approximately $2 to $3 billion worth of HON. ROBERT E. ANDREWS this decade (Franklin CountyÐ19.6 percent, minerals are taken from public lands but no OF NEW JERSEY Granville CountyÐ9.9 percent, Harnett Coun- royalties are paid. Modest reform to require a IN THE HOUSE OF REPRESENTATIVES tyÐ18.9 percent, Johnston CountyÐ25.3 per- fair market return to taxpayers for publicly- cent, Lee CountyÐ17.1 percent, Nash Coun- owned minerals extracted by mining compa- Thursday, March 4, 1999 tyÐ17.3 percent, Sampson CountyÐ9.5 per- nies, for example an 8 percent royalty, would Mr. ANDREWS. Mr. Speaker, I rise today to cent, Wake CountyÐ29.4 percent, Wilson raise roughly $1 billion over five years. recognize and applaud the action of the 105th CountyÐ2.6 percent). Timber Sales. Over the last nine years, the Congress to withhold all aid for Turkey in the Congress must assist the states to meet U.S. Forest Service has lost $2.8 billion on its 1999 appropriations bills. their school construction needs of the coming timber program. The losses come from selling For the past 25 years, Turkey has brutally decade. My bill will use new tax credits to cre- timber at below the Forest Service cost of pre- oppressed the people of Cyprus and commit- ate $7.2 billion in school construction bonds paring the timber for sale and subsidizing the ted atrocious human rights violations. Despite over the next ten years. These school bonds construction of an extensive network of log- the condemnation of the international commu- will be allocated to the states based on the ging roads to support its timber sales pro- nity, Turkey has refused to withdraw its troops growth we know they will experience in the grams. Requiring the receipts for National For- from Cyprus or improve its record on human coming decade. The Etheridge School Con- est commodity timber sales to cover the ex- rights. The United States must take the lead in struction Act will complement the Administra- penses of programs would save $200 million resolving this conflict in the Mediterranean. tion's school construction initiative by using annually or $1 billion over five years. Not only is it our moral obligation to oppose the same bond-leveraging tax credit but tar- Plutonium Manufacturing Project. This unjust oppression and brutal human rights vio- geting resources to growing states. These tar- project known as ``Rocky Flats II'' would in- lations, but a lasting resolution to the Cyprus geted tax credits will provide resources directly crease Los Alamos National Laboratory problem would also improve relations between where they are needed without adding any (LANL) pit production capacity. Pits are the Greece and Turkey, strengthen the peace and new federal government programs of bureauc- plutonium cores of nuclear bombs and act as stability of the Eastern Mediterranean region, racy. My state of North Carolina will qualify for triggers for detonation. There is no need for and serve important United States interests. about $360 million in school construction new pit production because the U.S. retains I have been delighted to work with Con- bonds under this legislation. several thousand pits in reserve. For example, gressman JOHN EDWARD PORTER, a key mem- By directing these bonds to the states with there are more than 10,000 spare pits in bunk- ber of the House Appropriations Committee the most growth, we will provide desperately ers near Amarillo, Texas and many of them and a great leader on these issues. Congress- needed assistance to the states with the most could be substituted in currently-deployed man PORTER and I introduced H.R. 388 and critical needs and provide some relief to vir- weapons should a currently nonexistent need H.R. 1361 in the 105th Congress to address tually every state. Specifically, the Etheridge ever arise. Terminating this unneeded new the situation in Cyprus. These bills proposed School Construction Act will provide school construction would save approximately $1.1 to withhold all American military and economic construction bonds to these states at the fol- billion. assistance to Turkey unless Turkey peacefully lowing amounts: CaliforniaÐ$2.32 billion; Oil and Gas Expensing. Firms engaged in resolved the conflict with Cyprus and halted all TexasÐ$840 million; New YorkÐ$540 million; the production of oil, gas and other fuels are human rights violations. I am very pleased that FloridaÐ$436 million; North CarolinaÐ$360 permitted to expense rather than capitalize Congressman PORTER and I were able to million; GeorgiaÐ$303 million; VirginiaÐ$249 certain intangible drilling and development achieve our goal when these funds were with- million; MassachusettsÐ$241 million; IllinoisÐ costs (IDCs). They are subsidies originally in- held in 1999 appropriations. I join my col- $237 million; ArizonaÐ$233 million; New Jer- tended to increase investment and exploration league in urging this Congress and the Presi- seyÐ$191 million; TennesseeÐ$166 million; into oil and fuel. These subsidies are designed dent to continue to deny aid to Turkey until MarylandÐ$129 million; ColoradoÐ$112 mil- to reduce dependence on foreign oil, but they these diplomatic and human rights require- lion; South CarolinaÐ$104 million; IndianaÐ increase the exploitation of our nation's re- ments are met. $100 million; AlabamaÐ$100 million; Wash- sources and do nothing to abate the world's f ingtonÐ$83 million; UtahÐ$83 million; Ne- consumption of fossil fuels and the attendant vadaÐ$79 million; MissouriÐ$58 million; effects on the global environmental health. THE ETHERIDGE SCHOOL PennsylvaniaÐ$54 million; MichiganÐ$50 mil- Ending this subsidy would save $500 million a CONSTRUCTION ACT lion; ConnecticutÐ$42 million; New MexicoÐ year or $2.5 billion over five years. $42 million; Rhode IslandÐ$37 million; Or- These are a few examples of large expendi- HON. BOB ETHERIDGE egonÐ$33 million; MississippiÐ$29 million; tures the federal government incurs that could OF NORTH CAROLINA IdahoÐ$29 million; HawaiiÐ$29 million; be curtailed to achieve necessary savings. In IN THE HOUSE OF REPRESENTATIVES OhioÐ$25 million; DelawareÐ$25 million; Ar- addition to these big ticket items, one-time kansasÐ$20 million; AlaskaÐ$20 million; spending items are often included in the an- Thursday, March 4, 1999 New HampshireÐ$17 million; District of Co- nual appropriations bills that serve parochial Mr. ETHERIDGE. Mr. Speaker, I rise today lumbiaÐ$8 million; LouisianaÐ$4 million; interests of individual Members and represent to announce the re-introduction of my legisla- KentuckyÐ$4 million; KansasÐ$4 million; significant costs to the federal Treasury. For tion I originally introduced last year to assist VermontÐ$4 million. example, last October Congress passed the E348 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 comprehensive Omnibus Appropriations bill We now have more children in our public Roll Call No. 32Ð``aye,'' and Roll Call No. that contained many such items identified by schools than at any time in our nation's his- 33Ð``aye.'' Senator JOHN MCCAIN during debate on the tory. Indeed, even at the height of the Baby f legislation in that body. Below is a partial list Boom there were fewer children in our public spending often characterized as ``pork barrel.'' schools than there are today. And we know THE ANNIVERSARY OF THE $250,000 to an Illinois firm to research that the coming decade's ``Baby Boom Echo'' HUNGARIAN REVOLUTION caffeinated chewing gum. will compound this problem many times over. $750,000 for grasshopper research in Alas- We must exercise visionary leadership to ad- HON. JOHN D. DINGELL ka. dress this crisis in a timely, proactive and ef- OF MICHIGAN $1.1 million for manure handling and dis- fective manner. IN THE HOUSE OF REPRESENTATIVES posal in Starkville, Mississippi. They say that life boils down to a few simple Thursday, March 4, 1999 $5 million for a new International Law En- choices. I believe that if we can find the re- forcement Academy in Roswell, New Mexico. Mr. DINGELL. Mr. Speaker, 1848 was a sources to build fancy new prisons to house year of great tumult across the continent of $1 million for Kings College in Wilkes-Barre, the criminals, which I support, then surely we Pennsylvania, for commercialization of pulveri- Europe. Men, women, and children rebelled can scrape together some money to invest in against the shackles of repressive aristoc- zation technologies. our children's education. If we can buy more $1.2 million for a C&O Canal visitors center racies to demand a greater voice and greater tanks and planes and guns for our military, in Cumberland, Maryland. freedoms. From these heroic uprisings, the $250,000 for a lettuce geneticist in Salinas, which I support, then we can find the will to seeds of change were permanently planted in California. build new schools. And if we can put on the Europe. Today, I rise to join Hungarian-Ameri- $500,000 for the U.S. Plant Stress and table every poll-tested tax cut proposal, then cans and the people of Hungary in commemo- Water Conservation Lab in Lubbock, Texas. by God we can summon the political courage rating the anniversary of start of one of these $162,000 for research on peach tree short to spend some of our national treasure to en- noble uprisings, the 1848 Hungarian revolu- life in South Carolina. sure continued American prosperity in the next tion. $64,000 for urban pest research in Georgia. century. On March 3, 1848Ðas revolution gripped $100,000 for vidalia onion research in Geor- The well-worn phrase that children are our much of EuropeÐa brave Hungarian patriot, gia. future may have become a cliche. But, it also Louis Kossuth, stood up against the ruling An additional $2.5 million for the Office of happens to be true. An investment in schools Austrian Hapsburg empire. In his ``inaugural Cosmetics and Color. is an investment in our children and an invest- address of the revolution'', Kossuth enumer- $200,000 for a grant to the Interstate Shell- ment in our nation's future. It is time for each ated 12 sweeping reforms that reflected some fish Sanitation Commission. Member of Congress to roll up his or her of the most progressive ideas of the age, such The items listed here are but a representa- sleeves and get to work to help our commu- as a reduction of feudal rights and the emanci- tive sample of unnecessary or wasteful gov- nities to build the schools we need to educate pation of the peasant. This declaration struck ernment spending we should reduce or elimi- the next generation of our citizens. an immediate chord with the Hungarian peo- nate in favor of necessary investment like The Etheridge School Construction Act is a ple. The reforms immediately spurred the Aus- school construction. Congress must set prior- vitally important piece of legislation, and I urge trian people to demand similar rights, and on ities for the expenditure of the taxpayers' this Congress to pass my bill as soon as pos- March 13, a full-fledged revolution broke out in money, and I believe we must elevate school sible. Vienna. construction on our priority list. f On March 15, while Kossuth was in Vienna Across the country today, there are 53 mil- presenting his 12 points to the Habsburg mon- lion children attending school in America's WEBBER JUNIOR HIGH SCHOOL archy, students in Buda-Pest armed only with classrooms. Far too many of these children Kossuth's reforms seized control in what has are not being educated in modern, well- HON. BOB SCHAFFER come to be known as the bloodless revolution. equipped facilities where discipline and order OF COLORADO The following day the Hungarian delegation, foster academic achievement. For many of our IN THE HOUSE OF REPRESENTATIVES led by Kossuth, submitted Hungary's demands nation's shoolchildren, class is being taught in before Emperor-King Ferdinand. The Austrian a trailer or in a closet or in an overstuffed or Thursday, March 4, 1999 monarch quickly agreed to the points, prompt- run-down classroom. We must do a better job Mr. SCHAFFER. Mr. Speaker, I rise today ing the Hungarian Diet to put the revolutionary of building the quality schools we need to edu- to pay humble tribute to the students, teach- reforms into effect. Thus, Hungary's future cate our children. ers, and parents of Webber Junior High was forever influenced as the result of a As the former two-term, elected Super- School in Colorado for their efforts to help the peaceful, lawful revolution. intendent of my state's schools, I have prob- needy during the holidays. I commend the fac- The Hungarian Diet immediately began to ably spent more time inside of more class- ulty of the school as well as all the students, work nonstop to pass new laws. By April the rooms than any other Member of Congress. I parents, and individuals who contributed to Diet had passed 31 progressive measures, can tell you firsthand that it makes a tremen- their benefit. Their selfless dedication has pro- which essentially amounted to a new constitu- dous difference to the children of this nation vided warmth, comfort, and happiness to fami- tion. These ``April laws'' attempted to provide whether or not they are provided a safe, qual- lies in Colorado. That the school produced so for the needs of a nation moving towards ity environment in which to learn. What mes- much for the Salvation Army for the benefit of modernization. sage do we send to our children when we say the needy is testament to the true meaning of Unfortunately, Hungarians did not have long to them that their education is not a high the spirit of Christmas and Hanukkah. Let us to experience the effects of the new laws, be- enough priority for us to find the will to build remember, as these good people have, that cause factions in the Austrian government them decent educational facilities? If a child the holiday season is one of giving, one of joy, were intent on squashing any semblance of sees that the adults in the community take and one of hope. Let the children's example Hungarian independence. On September 10, pride in the school and its mission, the child during the holidays be a beacon to us all Baron Lelacic, with encouragement from the will embrace that school and engage mightily throughout the year. Habsburgs, let 40,000 Croatian troops across in the endeavor of learning. But if a child sees f the Hungarian frontier. Hungary, led by nothing but indifference and neglect, that child Kossuth, was in the process of building up its is robbed of the hope that is necessary to PERSONAL EXPLANATION army, and initially lost several battles to the in- summon the will to take a chance to make vaders. Finally, General Arthur-Gorgey, who something of himself or herself through the HON. LOIS CAPPS was to become one of Hungary's greatest challenging pursuit of academic achievement. OF CALIFORNIA generals, was given control of the Hungarian We must not allow the indifference of some IN THE HOUSE OF REPRESENTATIVES army. By April 1849 Gorgey's military brilliance rob the future from our many children. and the tremendous bravery of the elite Hun- Thursday, March 4, 1999 No student in America should be forced to garian Honved troops had driven all of the in- attend class in a substandard facility. No Mrs. CAPPS. Mr. Speaker, due to a family vaders out of Hungary, and Hungary had offi- teacher should be required to struggle in an illness, I was unable to attend votes this week. cially declared its independence from Austria. unsafe, undisciplined environment. No parents Had I been here I would have made the fol- The Habsburg's were humiliated and forced in America should be forced to witness their lowing votes: Roll Call No. 29Ð``aye,'' Roll to call on Russian Czar Nicholas I for assist- children condemned to school in a trailer. Call No. 30Ð``aye,'' Roll Call No. 31Ð``aye,'' ance in bringing the now independent Hungary CONGRESSIONAL RECORD — Extensions of Remarks E349 back under Austrian control. As a result, Hun- The Federal Government has become rath- POUDRE SCHOOL DISTRICT gary's independence was short-lived because er proficient in getting its agencies and depart- SUPPORT SERVICES CENTER in June, 1849, a joint Austrian-Russian offen- ments to comply with the inevitable re-pro- sive overwhelmed the valiant Hungarian de- gramming that is required to fixing this bug. HON. BOB SCHAFFER fenders. On August 13, Gorgeys' forces laid But not without some effort. The Senate and OF COLORADO down their arms before the Russians at the House of Representatives have truly taken IN THE HOUSE OF REPRESENTATIVES Vilagos. Kossuth was forced to flee his be- the lead on this pressing issue. Under the loved homeland and would live the rest of his Thursday, March 4, 1999 gentle prodding of Senators MOYNIHAN, BEN- life traveling the world to gain support for Hun- Mr. SCHAFFER. Mr. Speaker, I rise today NETT, and DODD as well as Congressman gary's cause. In a speech made prior to his to pay humble tribute to the people of the departure, Kossuth said, ``My principle were STEVE HORN, the President appointed a Y2K Poudre School District Support Services Cen- those of George Washington. I love you, Eu- Council to get the government focused on this ter in Colorado for their efforts to help the rope's most loyal nation.'' issue. They have done well enough that many needy during the holidays. I commend the fac- It is fitting that within this buildingÐthis citizens do not fear the year's end despite the ulty as well as all the students, parents, and house of democracyÐsits a statue of Louis rhetoric of many doomsayers. That said, to individuals who contributed to their benefit. Kossuth. This is only right and appropriate. paraphrase Robert Frost, we have many miles Their selfless dedication has provided warmth, Although, the Hungarian revolution of 1848 to go before we sleep. comfort, and happiness to families in Colo- did not end in prolonged independence for Up until today, states, territories and local rado. That the center produced presents for Hungary, it did result in at least one very 75 needy boys and girls is testament to the authorities have been left to their own devices noble achievement. The revolution prevented true meaning of the spirit of Christmas and in terms of fixing the Year 2000 problem. the Austrian government from revoking the Hanukkah. Let us remember, as these good emancipation of the peasants and all other While most of the Federal Government's criti- people have, that the holiday season is one of unfree persons in the Habsburg's empire. For cal services may be Y2K compliant by Janu- giving, one of joy, and one of hope. Let their this historic accomplishment and for striving ary 1, 2000, many of the states and local juris- example during the holidays be a beacon to towards the ideal of the American Revolution, dictions will not be. This includes the terri- us all throughout the year. Hungarian and Americans of Hungarian de- tories. In Guam, for example, the local Office f cent should always be proud. I join with the of the Public Auditor released a study outlining strong Hungarian-American population in the the territorial Y2K problem. While some of INTRODUCTION OF THE PROMPT downriver communities to celebrate the Hun- GovGuam's departments are Y2K compliant COMPENSATION ACT garian revolution of 1848, truly an important ahead of schedule many are not. Guam's De- turning point in the history of the Hungarian partment of Public Works and the Department HON. DUNCAN HUNTER nation. of Public Health and Social ServicesÐboth OF CALIFORNIA f lifeblood agencies for both Guam's public in- IN THE HOUSE OF REPRESENTATIVES THE INTRODUCTION OF THE Y2K frastructure and poor and handicappedÐdo Thursday, March 4, 1999 STATE AND LOCAL GOVERN- not have enough money or are behind sched- Mr. HUNTER. Mr. Speaker, all of us have MENT ASSISTANCE PROGRAMS ule in performing Y2K conversions. And the heard from constituents in our districts who ACT story is the same throughout the country in the are frustrated with the process by which the many cities, counties, towns and territories: federal government provides compensation to HON. ROBERT A. UNDERWOOD time is running out or the money has already landowners for the private property it acquires OF GUAM ran out. through condemnation proceedings. As you know, federal agencies obtain property for all IN THE HOUSE OF REPRESENTATIVES This bill, which I am introducing today will types of reasons, from community and infra- Thursday, March 4, 1999 establish a program that will allow states and structure development to environmental con- Mr. UNDERWOOD. Mr. Speaker, our con- territories to apply for funding to initiate Y2K cerns. Unfortunately, the problem is that this temporary world is ever more dependent upon conversions of state computer systems, which procedure often takes years to complete. computers to assist with and manage our daily distribute federal money for vital welfare pro- Though legally the property owner may de- lives. From the ATM Machine to the desktop grams such as Medicaid, Food Stamps, the velop their property during this process, real- PC, to the pacemaker to air traffic control sys- supplemental nutrition program for women, in- istically they are discouraged from doing so. It temsÐcomputers and their myriad of pro- fants and children, Child Support Enforcement, is for this reason that I am introducing The grams all work in concert to make our lives Child Care and Child Welfare and Temporary Prompt Compensation Act. better and more productive. On my home is- Assistance for Needy Families. Through the Currently, the federal government has two land of Guam, computers have improved application of Y2K technical assistance funds available procedures to obtain private prop- mass communication with the mainland and for these programs, we can insure that the erty. The first is ``straight condemnation'', overseas areas in all facets of lifeÐlaw, busi- lifeblood of many of the poorest Americans will wherein a federal agency requests that the ness, government, commerce, military, trade, not be disrupted by the turn of the calendar. Justice Department file a ``complaint in com- transportation and perhaps most important: pensation'' with a district court. It is the court's staying in touch with our families. Because our This vital legislation is the house companion responsibility to ascertain the value of the lives are so intertwined with computers, the bill to the Moynihan-Bennett-Dodd bill (S. 174) land, utilizing testimony from the federal agen- Year 2000 or Y2K problem may pose quite a as introduced in the Senate. We have modi- cy, the property owners and the appropriate crippling problem to many communities. The fied the original Senate vehicle to insure that appraisers. Once the court has come to a de- Y2K problem was created by a programming the territories and the District of Columbia will cision, the federal government has the option oversight. As a result of an archaic, two-digit not be excluded from this important programÐ of compensating the property owner with the dating system in computer software and hard- an apparent and accidental oversight of the adjudicated price, or moving for a dismissal. ware, vital systems may be knocked off-line Senate version. I urge all my colleagues to The landowner is compensated only if the fed- on January 1, 2000 creating cyber-havoc for support this bi-partisan, fiscally responsible eral government accepts the adjudicated price. many. This concern has led the General Ac- and necessary legislation. I would like to thank Though the federal government forfeits its in- counting Office to elect the Y2K problem to terest in the property if it moves for a dismis- my colleagues Ms. CHRISTIAN-CHRISTENSEN, the top of the ``High Risk'' list for every federal sal, the property owner has been deprived of Ms. NORTON, Mr. ROMERO-BARCELO and Mr. agency. time, revenue and, in some cases, overall FALEOMAEVEGA for lending their support as the There exists a Congressional Research value in their land. It is important to remember Service (CRS) report, requested at the behest representatives from the territories of the U.S. that not until a judgment is rendered does the of Senator DANIEL PATRICK MOYNIHAN over Finally, I want to especially thank Representa- United States obtain title and possession of three years ago, detailing the implication of tive HORN and Senators MOYNIHAN, BENNETT, the property. the Y2K problem. The report states, among and DODD for taking the lead on educating all The second and more expeditious proce- other things, that the Year 2000 problem is a Americans on the Y2K problem as well as leg- dure is commonly referred to as ``quick take.'' serious problem and the cost of rectifying it islating wise solutions to ameliorate its poten- This is utilized in instances where waiting for will indeed be rather high. tially harmful effects. a court decision before taking possession of E350 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 the property is not acceptable. In this proce- IN HONOR OF MOORPARK HIGH and individuals who contributed to their special dure, the United States assumes title of the SCHOOL canned food drive. Their selfless dedication property immediately, or at any time before has provided warmth, comfort and happiness judgment, by simply filing a ``declaration of HON. ELTON GALLEGLY to families in Colorado. That the school pro- taking'' along with the complaint in condemna- OF CALIFORNIA duced so much for Santa Cops for the benefit tion and depositing with the court an amount IN THE HOUSE OF REPRESENTATIVES of the needy is testament to the true meaning of money equal to the estimated value of the of the spirit of Christmas and Hanukkah. Let Thursday, March 4, 1999 land. Normal protocol is then followed, with us remember, as these good people have, the court ascertaining the value of the prop- Mr. GALLEGLY. Mr. Speaker, I rise to pay that the holiday season is one of giving, one erty, and the balance is issued to the land- tribute to Moorpark High School, which, for the of joy, and one of hope. Let the school's ex- owner. second consecutive year, will represent Ven- ample during the holidays be a beacon to us tura County in the Academic Decathlon Cali- all throughout the year. The Prompt Compensation Act will require fornia state finals on March 12. f the federal government to deposit with the These 16 students are representative of the court an amount equal to the estimated value best and brightest our country has to offer. I TRIBUTE TO SUSAN B. ANTHONY of the land within 90 days or it must forfeit its say that without exaggeration. Moorpark High IN CELEBRATION OF HER BIRTH- interest in the property, thus making the ``quick School's A Team is rated second-best in the DAY take'' procedure the only alternative available. countryÐquite a feat for a relatively small high The Prompt Compensation Act will make a school. And their coaches, head coach Larry HON. ANNE M. NORTHUP significant impact in curbing the takings au- Jones and assistant coach Michelle Bergman, OF KENTUCKY thority of the federal government, while at the are examples of what is right in our edu- IN THE HOUSE OF REPRESENTATIVES same time, strengthening the private property cational system today. Their dedication is to Thursday, March 4, 1999 rights of America's landowners. I urge all my be applauded. colleagues to join me in this important endeav- Moorpark High School fielded two teams to Mrs. NORTHUP. Mr. Speaker, February or. compete in the Ventura County Academic De- 15th was set aside as President's Day, a day cathlon against the best and brightest from to honor the high office and those individuals f other country high schools on Feb. 6. At the who have been given the honor by their fellow end of the day, Moorpark High's two teams citizens to hold it. And indeed, many who have SOCIAL SECURITY GUARANTEE bested all the rest, coming in first and second. held the office rank among our nation's great- INITIATIVE Now they are readying themselves to take est leaders. on last year's state championÐEl Camino But February 15th also marked the 179th birthday of another of our country's greatest SPEECH OF High School, which is the only school rated higher than Moorpark in the nation. leaders, one who never held high office, but HON. SHEILA JACKSON-LEE Unfortunately, because of contest rules, only nonetheless changed our nation's history Moorpark's A team will be able to compete in through her relentless protests of inequality. OF TEXAS the state contest, even though the B team is That leader is Susan B. Anthony. IN THE HOUSE OF REPRESENTATIVES rated higher than many of the other contest- Susan B. Anthony is often remembered for ants. But rather than dwell on the unfortunate, her pioneering work in the cause of equal Tuesday, March 2, 1999 the B team members are rallying their A team rights for women. Her fierce opposition to slav- peers. These teen-agers are taking nothing for ery was a natural counterpart to her struggle Ms. JACKSON-LEE of Texas. Mr. Speaker, granted. For several weeks, the academic for women's rights. But as she fought to widen as we debate our respective positions on So- achievers have been studying at school until society's guarantee of equal rights to include cial Security, let us be mindful of a critical 10 p.m., then hitting a coffee shop or a stu- women, she also sought to widen this guaran- issue facing senior citizensÐthe prohibitively dent's home to study some more. tee for others, including unborn children. high cost of prescription drugs. Medicare is The fine students representing the A team As we mark her anniversary, let us honor the main source of health care for the elderly, are: Valerie Lake, Mitul Patel, Ari Shaw, Arturo Susan B. Anthony's endeavors which estab- yet it does not cover the cost of most prescrip- Barragan, Alexandra Dove, Rebecca lished a legacy for posterity. When she died in tion drugs. Wershba, John Ellis and Nick Lange. The B 1904 only four states granted suffrage to Many senior citizens live on a limited, fixed team is represented by Shanna Gibbs, Tiffany women. Fourteen years later the nineteenth income. The cost of prescription drugs is an Chou, Jennifer Lawrence, Shaun Berry, Tara amendment granted universal suffrage. Let us important issue because senior citizens are Hernandez, James Marlier, Charles continue her work toward a more equal and more likely to suffer from chronic long-term ill- Pomerantz and Jason Sweitzer. just society. nesses, such as diabetes, high blood pres- On a personal note, let me add that Ari f Shaw served as an intern in my office last sure, and Alzheimer's disease which require PROTECTING YOUTH AT WORK: year. The time he spent here apparently was medication. HEALTH, SAFETY AND DEVELOP- positive: He won a gold medal during the con- MENT OF WORKING CHILDREN Although prescription drugs are covered by test for a speech on his experiences. most private insurance, thirty-seven percent of Mr. Speaker, I know my colleagues will join AND ADOLESCENTS IN THE senior citizens do not have their own prescrip- me in congratulating the Moorpark High UNITED STATES tion drug coverage. The average senior citizen School Academic Decathlon Teams for their takes several medications a day (up to 30 pre- achievements to date, and in wishing the A HON. TOM LANTOS scriptions a year) and many of them pay for team great success in the state champion- OF CALIFORNIA their own medications out of pocket. ships. IN THE HOUSE OF REPRESENTATIVES Senior citizens who cannot afford their f Thursday, March 4, 1999 medication may not fill them or may not take PRESTON JUNIOR HIGH SCHOOL Mr. LANTOS. Mr. Speaker, every five days the proper dosages which can endanger their a young person is killed on the job in this lives. Seniors who do not take their medication HON. BOB SCHAFFER country. Every 40 seconds a child is injured risk living in pain, being hospitalized, or even on the job. The occupational injury rate for death. OF COLORADO IN THE HOUSE OF REPRESENTATIVES children and teens is more than twice as high The cost of prescription drugs directly af- than it is for adults. These statistics are totally fects the health and welfare of the elderly. We Thursday, March 4, 1999 unacceptable for a civilized, advanced society cannot force our senior citizens to make a Mr. SCHAFFER. Mr. Speaker, I rise today like ours. On the eve of the 21st Century, this choice between buying food and buying their to pay humble tribute to the students, teachers situation is a national disgrace and it is totally medication. This should not be choice be- and parents of Preston Junior High School in unacceptable. tween life and death. We must offer plans to Colorado for their efforts to help the needy We must ensure that our children are safer reform the Medicare program that protect the during the holidays. I commend the facility of at work. Education and healthy development interests of our seniors. the school as well as all the students, parents are of primary importance during childhood CONGRESSIONAL RECORD — Extensions of Remarks E351 and adolescence. Working should develop a vote to their studies. While a job can promote tional Safety and Health Administration young person's character, not burden them self-esteem and teach discipline, working ex- regulations to cover all young people, no cessive hours takes too much away from matter where they work. with potentially lifelong ailments. Work should More broadly, the Labor Department help students excel in school, prepare them schoolÐacademic performance can suffer and should review regulations intended to pro- for a productive life and encourage their so does participation in extracurricular activi- tect employed youth from hazards in the healthy development. ties. ``Protecting Youth at Work'' found that workplace. Because of the many changes Mr. Speaker, I rise today to call attention to young people who work more than twenty that have occurred in the U.S. economy and the alarming problems associated with child hours end up sacrificing sleep and exercise, society in the past 30 years, the federal gov- labor. I ask that a summary of an important and spend less time with their families, in ad- ernment needs to update and enhance these study recently released by the Board on Chil- dition to shortchanging their homework. Just regulations and adequately enforce the laws that cover children and adolescents at work. dren, Youth, and Families of the National Re- look at the facts. The amount of teenage work search Council and the Institute of Medicine is higher in the United States than in any other A NATIONAL NORM entitled ``Protecting Youth at Work'' be placed country in the industrialized world. Educators Work is a common part of the lives of many children and most adolescents in the in the RECORD. The National Research Coun- say that is part of the reason why American United States. In surveys, 80 percent of high cil is the nonprofit arm of the National Acad- students lag behind their foreign counterparts. school students interviewed say that they emy of Sciences and Engineering. The report As policy makers, it is time for us to carefully have held jobs sometime during their high was presented to Members of Congress and weigh the benefits of a job against the toll ex- school years. their staffs last week at a briefing sponsored cessive or unsafe work can take on a child's Working has a broad mix of positive and by our esteemed colleague, Representative academic performance and healthy develop- negative effects on young people. It provides ment. them with valuable lessons about respon- MARTIN MEEHAN. sibility, punctuality, dealing with people, Mr. Speaker, ``Protecting Youth at Work'' is Mr. Speaker, my legislation, ``The Young and money management, while increasing the product of a blue-ribbon panel of experts American Workers' Bill of Rights Act,'' which I their self-esteem and helping them become selected to represent a broad range of exper- introduced in the last Congress and which I independent and skilled. tise in areas relating to child development, in- will be reintroducing again soon in this Con- But the workplace also can be dangerous. cluding adolescent social and biological devel- gress, reflects the problems and conclusions Work-related injuries send tens of thousands opment, public agency programs and practice, discussed in ``Protecting Youth at Work.'' This of children and adolescents to hospital emer- comprehensive domestic child labor law re- gency rooms annually. Hundreds of these law, economics, sociology, psychology, occu- young people require hospitalization, and at pational medicine and rural health programs. form bill addresses two major aspects of child least 70 die of work-related injuries every The committee laid down four general guiding labor: the deaths and serious injuries suffered year. The rate of injuries per hour worked is principles for protecting youth at work. First, by young workers in the workplace and the almost twice as high for children and adoles- education and development are of primary im- negative impact the working excessive hours cents, in part because of their inexperience portance during the formative years of child- during the school year can have on a youth's and lack of training. The workplaces with hood and adolescence and although work can education and academic performance. the most injuries for young workers are re- contribute to these goals, it should never be Specifically, ``The Young American Workers' tail stores and restaurants, manufacturing Bill of Rights Act'' proposes new sanctions for and construction, the public sector, and agri- undertaken in ways that compromise edu- culture. Furthermore, an unknown number cation or development. Second, the formative willful violations of child labors laws that result of young workers are exposed to toxic or car- and malleable nature of childhood and adoles- in the death or serious bodily injury to a child, cinogenic substances, which may cause ill- cence requires a higher standard of protection strengthening existing limitations of the num- nesses many years later. for young workers than that accorded to adult ber of hours children under 18 can work while ‘‘High-intensity work’’—generally defined workers. Third, businesses that employ young school is in session, protection for children as more than 20 hours per week—is associ- under the age of 14 who are migrant or sea- ated with additional negative consequences workers assume a higher level of social obli- for adolescents, ranging from less time spent gation which should be reflected in the expec- sonal workers working in agriculture (except in with families and a lack of sleep to sub- tations of society as well as in public policy. the case of children of family farmers), requir- stance abuse and minor deviance like theft And finally, everyone under 18 years of age ing better record keeping and reporting of and aggression. has the right to be protected from hazardous child labor violations, and specifying that mi- PROTECTING EMPLOYED YOUTH work, excessive work hours, and unsafe or nors may not use or clean certain types of The legal and regulatory provisions devel- unhealthy work environments, regardless of hazardous equipment or engage in certain oped years ago to protect employed youth do size of the enterprise in which he or she is hazardous occupations, such as poultry proc- not reflect today’s work hazards or impor- employed, his or her relationship to the em- essing and handling pesticides. Mr. Speaker, tant changes in rates of school attendance ployer, or the sector of the economy in which the aim of this legislation is to ensure that the and employment. For example, exempting job opportunities for America's youth are 16- and 17-year-olds from limitations on the enterprise operates. working hours was reasonable when most of ``Protecting Youth at Work'' urges Congress meaningful, safe and healthy, not to discour- them had left school and were earning to authorize the US Department of Labor to age children from working. money for their families; now that the vast limit the hours that 16- and 17-year-olds can I urge my colleagues to carefully review majority remain in school, this exemption work (limits already exist for children under the ``Protecting Youth at Work'' and to join me in no longer makes sense. age of 16), eliminate child labor exemptions supporting the enactment of meaningful child Other rules and regulations regarding and exceptions in our labor laws which do not labor law reform legislation during this Con- working youth also need to be updated. The gress. Department of Labor should work with the protect children working in the agricultural sec- National Institute for Occupational Safety tor, and allocate more resources to reducing PROTECTING YOUTH AT WORK and Health (NIOSH) to review periodically and eliminating the startling disparity of inju- Congress should authorize the U.S. Depart- the rules that define which jobs are too haz- ries and deaths among workers under the age ment of Labor to limit the number of hours ardous for workers under the age of 18. Steps of 18 as compared to that of adults. that all youths under the age of 18 can work to eliminate outdated regulations, strength- Mr. Speaker, our child labor laws should during the school year. The jobs held by chil- en inadequate ones, and develop additional take into account changes in the modern dren and adolescents in the United States restrictions or safeguards to address new workforce. For example, working during the should not interfere with the educational op- technologies and working conditions should portunities and healthy development they be based on research provided by NIOSH. school year has become much more common- need to thrive later in life. Many of the industries that employ large place among America's youth over the past Congress also should eliminate current dis- numbers of children have high injury rates decadesÐfewer than 5% of students held tinctions in child labor laws between agri- for workers of all ages, but young workers school-year jobs before 1950. In the 1990's, cultural and nonagricultural employment, often do not receive appropriate health and half of 16- and 17-year-olds work during the says a committee of the National Research safety training. The developing physical, school year and 80% of all students have a Council and Institute of Medicine in its re- cognitive, and emotional characteristics of job at some point during the school year while port Protecting Youth at Work: Health, adolescents—along with their inexperience— they are in high school. ``Protecting Youth at Safety, and Development of Working Chil- should be considered in understanding the dren and Adolescents in the United States. risks they face and in designing job training Work'' found that more children are working In addition, because of the hazardous nature for them. Issues that need particular atten- more hours than ever before in our nation's of many agricultural jobs—such as working tion are the exposures of working youth to history. with heavy equipment and around dangerous pesticides and other toxic substances and the Mr. Speaker, more and more American chil- chemicals—Congress should examine the ef- adequacy for young workers of state work- dren don't have enough time or energy to de- fects and feasibility of extending Occupa- ers’ compensation systems. E352 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 EDUCATION lions of taxpayer dollars on things which are Add to his civic efforts Greeley city council- A national initiative, spearheaded by ineffective and simply unnecessary. man, chair of the Greeley Planning Commis- NIOSH, could promote understanding of safe- I have heard many stories from Federal em- sion, and current chairman of the Greeley ty hazards in the workplace and the protec- ployees about the pressure to spend all of the Water and Sewer Board. Politically, he has tions to which employed youth are entitled money they have been appropriated for a been a hard working leader in the Republican by law. Regional resource centers and com- munity partnerships could provide assist- given fiscal year. Agency administrators know Party, chairing campaigns for many successful ance to schools, parents, employers, govern- that if they have a surplus at the end of the Republican local, state and gubernatorial can- ment agencies, and youth. fiscal year, it is likely that their budgets will be didates, and Hank Brown and Bill Armstrong. Employers who provide healthy, safe, and cut the following year. Born and raised in Nebraska, Dick served in beneficial workplaces for young people That is why I have decided to introduce leg- the U.S. Army during World War II and grad- should be recognized. The secretary of labor islation to address this problem. This bill will uated from the University of Northern Colo- should convene a prestigious group to de- allow Government agencies to keep half of velop criteria for designating ‘‘commendable rado before becoming a successful business- any unspent administrative funds. This money man. He first worked for the Professional Fi- workplaces for youth.’’ Local organizations can then be used to pay for employee bo- then could use these criteria to identify ex- nance Company, ending up owning it and emplary employers. nuses. The remaining half would be returned Northern Colorado Credit Bureau. Counted to the Treasury for the purpose of reducing BETTER INFORMATION amongst his greatest successes is his family. the national debt. Although a combination of federal, state, Married to Irene for 50 years, they are the par- and local data sources provides a fair My bill rewards fiscal responsibility by giving ents of three children and grandparents to amount of information about working teen- employees a direct benefit for saving taxpayer seven children. dollars. At the same time, it will address one agers, significant information gaps remain. Mr. Speaker, it is with great honor that I ask NIOSH needs to develop and implement, with of the biggest problems facing our countryÐ my colleagues to join me in paying tribute to other federal agencies, a comprehensive plan the national debt. I think this is an important for monitoring the injuries, illnesses, and step toward restoring the financial security of Dick Boettcher upon his receipt of the 1999 hazards experienced by workers under age 18. our Nation. Weld Distinguished Citizen award. He is truly a role model for not only his children, but also The Bureau of Labor Statistics should rou- f tinely collect and publicly report data on the for all those whose lives he has touched employment of young people age 14 and TRIBUTE TO DICK BOETTCHER through life-long dedication to the Boy Scouts older. In addition, these and other federal of America. This world is a better place be- agencies should conduct research in several cause of Dick's ``doing a good turn daily.'' critical areas, including the employment of HON. BOB SCHAFFER children under age 14 and the most effective OF COLORADO f strategies to protect youth in the workplace. IN THE HOUSE OF REPRESENTATIVES f Thursday, March 4, 1999 THE WORKPLACE PRESERVATION TRIBUTE TO MAYOR THOMAS A. Mr. SCHAFFER. Mr. Speaker, I rise today ACT EGAN to pay tribute to Mr. Dick Boettcher who is rec- ognized by the Longs Peak Council of the Boy HON. HENRY BONILLA HON. BILL LUTHER Scouts as the 1999 Weld Distinguished Citi- zen of the Year. OF TEXAS OF MINNESOTA Dick, who wears a badge on his lapel say- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ing, ``Do a good turn daily,'' learned this motto Thursday, March 4, 1999 as a Boy Scout 50 year ago. Taking that Thursday, March 4, 1999 Mr. LUTHER. Mr. Speaker, I come before motto to heart, he has served the Greeley Mr. BONILLA. Mr. Speaker, I rise today in the House today to honor a devoted public community well for five decades, but probably support of The Workplace Preservation Act. servant, Thomas E. Egan of Eagan, MN. After his greatest passion has been for the Boy This bill forces OSHA live up to its promises twenty distinguished years as council member Scouts. Believing the most admirable people of protecting workers. Despite its claims to the and Mayor of Eagan, Tom recently decided to in scouting are the scout masters, he says, contrary, OSHA's recently proposed retire from public service. Although his leader- ``Anyone who has been a scout master is an ergonomics regulation is not aimed at protect- ship will be greatly missed, Tom's legacy is honorable man. They're like a boy's second ing workers, it's aimed at protecting bureau- the shared sense of community and respon- father. They're even first fathers to some crats. kids.'' sibility that Eagan residents will carry into the Most people would agree that it is impos- Living the character traits of a scout, ``Trust- new millennium. sible to treat an ailment when you do not worthy, loyal, helpful, friendly, courteous, Tom also served a successful tenure as know what the ailment is. But that is exactly thrifty, brave, clean and reverent,'' Dick has President of the National Organization to In- what OSHA is doing. Scientific and medical served as the President of Longs Peak Coun- sure a Sound-Controlled Environment (NOISE) experts do not know what causes repetitive cil; Area President; Executive Committee where he was a tireless advocate of airport stress injuries, much less how to treat them. MemberÐNorth Central Region and formed noise mitigation. Tom's dedication to airport That is why the National Academy of Sciences the Western United States Region; Regional noise reduction helped communities and citi- has agreed to study the issue of repetitive Vice President; Vice President ProgramsÐ zens nationwide address the adverse effects stress injuries and any possible link they may Western U.S. Region; Camp Leader at numer- of increased noise pollution. have to the workplace. On behalf of these communities and citi- ous National Jamborees; Advisory memberÐ zens, especially his constituents in Eagan, 1986 National Jamboree; Division and West- Once this panel of experts concludes its MN, we greatly appreciate all of Tom's con- ern Region ChiefÐNational Jamboree; United studiesÐthen, and only thenÐwill the Federal tributions and efforts, and we wish him all the Nations Environmental UnitÐ1991 World Jam- Government be able to fully examine this best in his future endeavors. boree, Seoul Korea; and winner of the Silver issue. How can the Federal Government effec- tively regulate a situation that the experts do f Beaver Award and Silver Antelope Award. Dick has also received numerous civic and not understand? Apparently, OSHA thinks it A BILL TO HELP REDUCE WASTE- professional awards, and served as organizer knows better than the medical and scientific FUL GOVERNMENT SPENDING and President of the United Way of Weld experts. County, past President of Greeley Phil- Despite the fact that the physicians and sci- HON. JOHN J. DUNCAN, JR. harmonic Board; past President and current entists do not fully understand the issue of OF TENNESSEE director of North Colorado Medical Center ergonomics, despite the fact that the courts IN THE HOUSE OF REPRESENTATIVES Foundation; Chairman of North Colorado Med- have ruled that OSHA is using junk scienceÐ ical Center Foundation's Four Million Dollar OSHA is moving full steam ahead toward Thursday, March 4, 1999 capital campaign; Large Gift Chairman of issuing one of the most sweeping labor laws Mr. DUNCAN. Mr. Speaker, I believe that Monfort Childrens' Clinic; past Chairman of in history. Instead of letting the scientists ex- one of the most serious problems facing our Flight for Life Golf Tournament and University amine the facts, OSHA is dictating its own country today is wasteful Government spend- of Northern Colorado Foundation; and past Di- agenda. American workers should not pay the ing. Each year our Government spends bil- rector of the Greeley Chamber of Commerce. price for OSHA's mistakes. CONGRESSIONAL RECORD — Extensions of Remarks E353 REPORT ON THE OKLAHOMA CITY of Montana (MOM) was heavily devoted to tack on the MFB in 1983 more attention BOMBING Richard Wayne Snell. The newsletter called should have been given to a scenario of a Snell a ‘‘Patriot to be executed by the possible attack against the building on April Beast’’. MOM linked the execution date to 19, 1995. HON. JAMES A. TRAFICANT, JR. the 1993 burning of the Branch Davidian 3. Further indications to a potential threat OF OHIO Complex in Waco, to the British attack on against the MFB should have been realized IN THE HOUSE OF REPRESENTATIVES Lexington and Concord in 1776 and in typical due to the fact the James Ellison, a co- fashion of ignoring important facts to the conspirator with Snell in the 1983 plot had Thursday, March 4, 1999 shoot-out and subsequent standoff with taken up residence at Elohim City with Mr. TRAFICANT. Mr. Speaker, for the past Randy Weaver at Ruby Ridge, Idaho which which Snell has considerable linkage. Be- 6 years I have been examining the issue of actually began on August 21, 1992. MOM pro- cause the raid on Ellison’s compound had oc- security in Federal buildings. In the last two moted the idea of April 19th as being de- curred on April 19, 1985, ten years later, and Snell had been predicting a bombing, atten- Congresses I have introduced legislation to re- clared within the movement as ‘‘Militia Day’’. The newsletter also made the appeal tion was warranted by Federal authorities form and improve the Federal Protective Serv- that Snell would be executed unless some ac- regarding the possibility of an attack. There ice. As part of this effort, I have closely exam- tion was taken. was a failure in the mechanism for timely ined the April 19, 1995 bombing of the Alfred Compounding the Snell execution sched- and functional communications between P. Murrah Federal Building in Oklahoma City, uled for the same day as the bombing was Federal agencies. Oklahoma. the fact that just two years earlier the 4. Strangers in GSA uniforms in the build- For the past 2 years my efforts have been standoff at the Branch Davidian Complex in ing on April 18 and 19, 1995 would have had a assisted by a private citizen, Mr. John Waco, Texas ended in a deadly fire on April higher probability of detection had there been a sufficient security force present in Culbertson. Mr. Culbertson recently completed 19, 1993. This fire had become a rallying point for groups opposed to the Federal govern- the building in 1995. These occurrences while a detailed report for my office on the physical ment. The FBI issued an advisory to the FPS not totally remedied by human presence can security deficiencies of the Murrah Building. on February 7, 1995 regarding a planned dem- be significantly reduced if the subjects in Mr. Culbertson also prepared an excellent re- onstration on February 28, 1995 by the DC question were part of an operation to plant port summary which I would like to insert in committee for Waco Justice, the date of the explosives within the building or provide re- the RECORD. I want to emphasize that Mr. initial BATF raid that precipitated the connaissance, it is highly likely that such an Culbertson is a private citizen and that he pre- standoff. The GSA has stated no warning of operation would not be attempted if suffi- pared the report at his own expense. potential threats was received from the FBI cient human security presence were main- tained. Mr. Speaker, Mr. Culbertson's report in- although the FBI was cognizant of the Snell execution. 5. Proper classification of the building cludes some disturbing revelations about se- Certain events that took place in the week itself may have resulted in increased secu- curity lapses in Oklahoma City on the day of prior to the bombing were either left not in- rity measures such as video surveillance and the bombing. I am deeply concerned that un- vestigated or occurred because there was no increased human presence that could have less swift action is taken to reform and up- mechanism in place to investigate or prevent detected the possibility of a plot against the grade the Federal Protective Service, there them. These events are highly suspicious and building. Certainly enhanced security meas- will be another tragic bombing of a federal could have a connection to the bombing ures would have made the building a less at- building. itself. tractive soft target for terrorism. Numerous witnesses have reported seeing 6. Proper classification of the building may I urge my colleagues to read the report and three individuals in the parking garage of have resulted in better protective features to cosponsor my legislation, H.R. 809, the the MFB on Friday April 14, 1995, acting in a particularly in the case of retrofit items. Federal Protective Service Reform Act. suspicious manner with suspicious objects in Protective features including glass protec- DEADLY FAILURES—PHYSICAL SECURITY DEFI- their possession. A significant item is that tion, internal security measures and traffic CIENCIES OF THE ALFRED P. MURRAH FED- they had a set of ‘‘E’’ sized sheets which is management certainly could have been a ERAL BUILDING, OKLAHOMA CITY, OKLA- consistent with the size of the building plans mitigating factor in the reduction of fatali- HOMA—SPECIAL REPORT SUMMARY for the MFB. ties, injuries and damage resulting from the A witness who was employed in the build- attack on April 19, 1995. This report has been prepared by John ing reported encountering a male subject on Culbertson for the Honorable James A. Trafi- RECOMMENDATIONS April 18, 1995 wearing a GSA uniform. The cant Jr. as a follow up report to the ‘‘Back- 1. Existing classification criteria seems witness noticed the subject because he was ground Briefing, Building Specific Security adequate but is unevenly applied, most like- not one of the building regulars and seemed Deficiencies’’ white paper prepared at the re- ly to poor management and budgetary con- out of place. A May 24, 1997 story in the quest of the office of the Honorable James A. siderations. The FPS should have the lead in Rocky Mountain News by Kevin Flynn re- Traficant Jr. and dated June 3, 1998. investigating and identifying building secu- counts how a guard who happened to be at This report will detail specific failures in rity level using existing criteria. Classifica- the MFB on the afternoon of April 18, 1995 the security review and operations of the tion efforts should be free of constraints witnesses what may have been a test run for Murrah Federal Building (MFB) that could such as budgetary concerns when an inves- the bombing, a large truck pulled up in front have led to it’s selection as a target and sub- tigation and determination effort is being of the MFB in the area that McVeigh parked sequent bombing on April 19, 1995. Further conducted. If after determinations are made his truck. Three individuals exited the truck details of the analysis regarding the bombing budgetary concerns are warranted, solutions in a hasty fashion and ran across the street. and the MFB will be the subject of other re- should sought such as locating high risk ten- Several minutes later they returned to the ports. ant agencies together or the exploration of truck and left. A February 21, 1995 Physical Security Sur- site specific cost effective technological so- On the morning of April 19, 1995 a witness vey incorrectly classified the building as a lutions. In order to carry out this mission entering the building encountered the same level III building. The correct classification the FPS should have stand alone status subject as the day before on his way out of was level IV based upon United States De- within the GSA framework and should be a the building in a hurried manner. Once again partment of Justice Criteria. The Oklahoma full fledged law enforcement agency with in- the subject had a GSA uniform shirt on but City Fire Department has published data vestigative capabilities. in this case was accompanied by another in- which would have classified the building as a 2. The value of a human presence should dividual. level IV building. The Federal Protective not be discounted, the addition of dedicated Service in a post bombing publication listed CONCLUSIONS security personnel employed by the Federal the building as a security level IV building. 1. In the context of events leading up to government as opposed to contract guards Because the building had been the target of the bombing of the MFB, it appears that should be implemented as quickly as pos- previous bombing attempts, and Richard Federal officials should have been at a high- sible. The ability to investigate and make Wayne Snell, a person involved in the plan- er state of alert for a potential threat, how- quick determinations is of supreme impor- ning of one of these plots was scheduled for ever it also appears that there was no mech- tance in the protection of Federal Employ- execution on the day of the bombing. Rich- anism clearly defined to disseminate impor- ees. ard Wayne Snell is an Aryan National figure- tant information. 3. Security personnel should have clear head who was executed in the state of Ar- 2. Given the precautions taken by Arkan- lines of authority and adequate training for kansas on April 19, 1995 for the murder of sas officials with respect to the execution of the task of providing security to Federal fa- Lewis Bryant, an Arkansas State Trooper of Richard Wayne Snell, and his particular his- cilities without infringing on the rights of African American descent. Snell had with tory of violence, Federal Agencies should the citizens they are charged with protect- James Ellison the leader of the group known have been more aware of a potential threat ing. as the Covenant, Sword and Arm of the Lord, against the MFB. Certainly the fact that the 4. Attention should be placed on developing planned to bomb the MFB in 1983. militia community was highly involved in methodologies for security personnel to pro- The March, 1995 issue of ‘‘Taking Aim’’ the the opposition of the execution of Snell, and vide protective services without giving a for- monthly newsletter published by the Militia given his specific history of planning an at- tress like appearance to Federal facilities. E354 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 Federal facilities are the property of the look forward to continuing to address the TRIBUTE TO LEWIS ENTZ American people and they should be as open needs of Oregonians with my votes in the and accessible as possible to them. House of Representatives. 5. Methods of intelligence sharing should HON. SCOTT McINNIS be strengthened between Federal agencies, OF COLORADO f state agencies and local officials with re- IN THE HOUSE OF REPRESENTATIVES spect to data that may be important to the Thursday, March 4, 1999 security of a Federal facility. Because BAUDER ELEMENTARY SCHOOL threats against federal facilities will in most Mr. MCINNIS. Mr. Speaker, I would like to all cases involve peripheral threats and risk take a moment to recognize the career of one to local jurisdictions, there should be a HON. BOB SCHAFFER of Colorado's leading statesman over the past mechanism to share intelligence data and OF COLORADO two decades, state Representative Lewis Entz. other cooperative efforts with these officials In doing so, I would like to honor this individ- in a timely manner. IN THE HOUSE OF REPRESENTATIVES ual who, for so many years, has exemplified f Thursday, March 4, 1999 the notion of public service and civic duty. Now retired from the Colorado House of Rep- PEACE CORPS ACT Mr. SCHAFFER. Mr. Speaker, I rise today resentatives, it is clear that Representative AUTHORIZATION to pay humble tribute to the students, teach- Entz's dynamic leadership in the Colorado ers, and parents of Bauder Elementary School General Assembly will be greatly missed and SPEECH OF in Colorado for their efforts to help the needy difficult to replace. HON. GREG WALDEN during the holidays. I commend the faculty of Elected to the Colorado House of Rep- Bauder, as well as all the students, parents OF OREGON resentatives in 1982Ða seat he would hold and individuals who contributed to this special IN THE HOUSE OF REPRESENTATIVES until 1998, Representative Entz rose quickly to canned food drive. Their selfless dedication positions of great influence within the House. Wednesday, March 3, 1999 has provided warmth, comfort, and happiness In 1989, Representative Entz was named The House in Committee of the Whole to families in Colorado. That the school pro- Chairman of the House Local Government House on the State of the Union had under duced 4,600 cans of food, books, gift certifi- committee which he would chair until 1994. consideration the bill (H.R. 669) to amend the cates, and toys for the benefit of local families While serving in the General Assembly, Rep- Peace Corps Act to authorize appropriations is testament to the true meaning of the spirit resentative Entz was best known for his tire- for fiscal years 2000 through 2003 to carry out of Christmas and Hanukkah. Let us remem- less work on natural resource, agricultural and that Act, and for other purposes: ber, as these good people have, that the holi- local government issues. I feel privileged to Mr. WALDEN of Oregon. Mr. Chairman, I day season is one of giving, one of joy, and have had the opportunity to work closely with would like to explain why I joined 89 of my one of hope. Let this example during the holi- him on many of these and other issues. colleagues from both parties in voting against days, be a beacon to us all throughout the The number of honors and distinctions that the Peace Corps Reauthorization Act. But first, year. Representative Entz earned during his years let me say that I did not vote against this bill of outstanding service are too numerous to because I oppose the noble function that the f list, and too few to do justice to his contribu- Peace Corps serves. I have the utmost re- tions to the state of Colorado. spect for this program, and for the people who STUDENT HEALTH INSURANCE 1998 marked the end of Representative choose to give two years of their lives to help PORTABILITY PROTECTION ACT Entz's tenure in elected office and the state of others. Furthermore, I recognize the suc- OF 1999 Colorado is worse off in his absence. Mr. cesses the Peace Corps has had in helping Speaker, there are few people in Colorado's impoverished, struggling communities gain a proud history who have served as selflessly foothold in the modern world. HON. JERRY F. COSTELLO and distinguishedly as did Representative I voted against passage of the Peace Corps OF ILLINOIS Entz. His career embodied the citizen-legisla- Reauthorization Act because I don't believe IN THE HOUSE OF REPRESENTATIVES tor ideal and was a model that every official in that authorizing a substantial increase in funds elected office, including myself, should seek to for this program is the best use of federal Thursday, March 4, 1999 emulate. The citizens of Colorado owe Rep- money at this point. This bill will increase Mr. COSTELLO. Mr. Speaker, I rise today to resentative Entz a debt of gratitude and I wish funding for the Peace Corps from $241 million introduce the Student Health Insurance Port- him well in his well-deserved retirement. this year to $365 million in 2003, an increase ability Protection Act of 1999. f of 51 percent. Because I recognize the value In 1996 we made great strides in passing WE WANT THE BEST FOR OUR of the Peace Corps, I would have voted for a the Kennedy-Kassebaum Health Insurance CHILDREN measure that reauthorizes the Peace Corps at Portability Protection Act. However, 14.3 mil- the existing funding level, or at a level that lion college students covered by health insur- provides for a small increase to account for in- HON. STEPHANIE TUBBS JONES ance plans sponsored by their college or uni- flation. I believe that a major increase in fund- OF OHIO versity are not covered under last year's ing for a program such as the Peace Corps is IN THE HOUSE OF REPRESENTATIVES health provisions. It is essential for college unwise at a time when the federal government Thursday, March 4, 1999 students to fall under these provisions. continues to cut Medicare funding for rural Mrs. JONES of Ohio. Mr. Speaker, I rise My bill requires college-sponsored health hospitals and patients and the U.S. Forest today to speak to the issue of school construc- plans to be portable and exclude long pre-ex- Service is unable to protect our nation's fed- tion. Education is one area we cannot short- isting condition waiting periods. College-spon- eral forests from catastrophic wildfires and de- change. It has been statistically proven and sored plans will be considered as group plans structive beetle infestations. exhaustively mentioned in this Chamber that and allow students to go from college-spon- While the additional Peace Corps authoriza- children learn better in smaller classes. tion is small, relative to other outlays by the sored plans to work-sponsored plans without It has also been proven that children need federal government, we must be careful to loss of coverage due to a pre-existing condi- access to technology and other resources to prioritize our spending to direct it toward those tion. Students will also be eligible for another be successful. One way to do that is to build programs that benefit Americans who need school's health plan when transferring from areas that are reflective of these technological assistance. Many Members of Congress, as university to university. This bill takes an im- developments and trendsÐnew schools. well as the President, have committed them- portant step in ensuring health care coverage I respect the fact that my colleagues on the selves to saving Social Security and Medicare. for our country's college students at no extra other side of the aisle agree that new schools These efforts will require substantial invest- cost to the taxpayer. are an important key to education. It is unfor- ments, and we must be prudent with our I ask my colleagues to join me in supporting tunate that those same people have spent 4 spending now so we can fulfill our obligation this bill and ensuring health care for our Na- years blocking all significant school mod- to current and future retirees. tion's college students. Give them the health ernization initiatives. I believe that my vote was the right choice care they need to enter the workforce. Do not The Archer proposal would only give limited in my efforts to help my constituents solve the leave college students out of health care re- assistance to schools and targets the districts serious problems they face every day, and I form. that need this assistance the least. CONGRESSIONAL RECORD — Extensions of Remarks E355 We have all heard the stories of classes rate of 22 percent, putting the firm first among all of my colleagues in offering my congratula- being held in spaces not intended as class- its competitors. Equally significant has been tions on their being recognized as the ``Irish- rooms. Students are being taught in trailers, Mike's emphasis on recruiting and retaining women of the Year'' by the Emerald Society of gyms, lunchrooms, and closets. talented professionalÐespecially capable the New York City Board of Education. Statistics show there is a national school in- women. That initiative, along with other cre- f frastructure backlog of needed repair totaling ative incentives has earned D&T national rec- INVESTMENT IN WOMEN’S HEALTH $112 billion. We now know that nearly one- ognition and the #8 position on Fortune's list ACT OF 1999 third of all schools are in need of extensive re- of best places to work. pair or replacement. Mike has also been active in promoting wor- As this need for school repair continues to thy causes. Most recently, he served as the HON. NEIL ABERCROMBIE mount so does the pressure on our students Chairman of the Board of Governors of the OF HAWAII to succeed and compete with their peers inter- United Way of America. IN THE HOUSE OF REPRESENTATIVES nationally. As one of the few accountants currently Thursday, March 4, 1999 To level the playing field we must provide serving in Congress, I commend Mike on his Mr. ABERCROMBIE. Mr. Speaker, I rise our students with the tools of success. They many accomplishments, which have earned today to re-introduce the Investment in Wom- need computers with access to the Internet, him the respect and admiration of so many in en's Health Act. I am re-introducing this bill smaller classes, well-trained teachers, and the profession. I wish him, his wife Mary Anne, with Congresswoman Mary Bono and the sup- modern schools. We should never again hear and their three children my sincerest best port of the National Cervical Cancer Coalition, tales of learning in closets or trailers in parking wishes. the College of American Pathologists, and the lots. f American Society of Clinical Pathologists. We have the opportunity in this Congress to Last year, Dr. James Navin from Straub HONORING THE ACCOMPLISH- help our future. Mr. Speaker, I hope that we Hospital visited my office to alert me to a very MENTS OF DR. GERALDINE M. can enact meaningful legislation that will give serious inequity in the pap smear reimburse- CHAPEY AND DR. GERALDINE D. American children a chance to soar. ment rate in Hawaii. Health insurers in Hawaii CHAPEY In closing I ask: had apparently taken a cue from the Health We want the best for our children, the best Care Financing Administration (HCFA) and for our country, and the best for our future. HON. ANTHONY D. WEINER lowered their pap smear reimbursement rate. Why then do we not get our house, or school OF NEW YORK Under this lower rate, the local laboratories house, in order? IN THE HOUSE OF REPRESENTATIVES would lose a significant amount of money on f Thursday, March 4, 1999 each screening. In fact, the reimbursement rate was low enough to force the laboratories CACHE LAPOUDRE ELEMENTARY Mr. WEINER. Mr. Speaker, I rise today to to consider getting out of the business com- SCHOOL join the members of the Emerald Society of pletely. Fortunately, the laboratories were able the New York City Board of Education in hon- to convince the health insurers of the need for HON. BOB SCHAFFER oring and saluting the accomplishments of increased reimbursement. The laboratories Hon. Dr. Geraldine M. Chapey and her daugh- OF COLORADO were then compensated with a break even re- ter, Dr. Geraldine D. Chapey on the occasion IN THE HOUSE OF REPRESENTATIVES imbursement rate for the pap smears. of their Annual Scholarship Dinner Dance. Thursday, March 4, 1999 I soon found out that the low reimbursement Dr. Geraldine M. Chapey possesses a rate is not only a problem in Hawaii, but Mr. SCHAFFER. Mr. Speaker, I rise today wealth of administrative and teaching experi- across the entire United States. The low rate to pay humble tribute to the students, teachers ence and serves as a leader in the field of of Medicare reimbursement for pap smears and parents of Cache La Poudre Elementary education not only in New York City, but has an impact on the rates paid by third party School in Colorado for their efforts to help the throughout the United States. Her research in payers who peg their payments on what the needy during the holidays. I commend the fac- gifted education, communications, administra- government pays. ulty of the school as well as all the students, tion, supervision, business partnerships, and To address the deficiency, I introduced leg- parents, and individuals who contributed to special education has been widely published islation last year to raise HCFA's reimburse- their special canned food drive. Their selfless and she is the editor of the national refereed ment rate for pap smears. Due to wide spread dedication has provided warmth, comfort, and journal, Leadership in Education. Her contribu- support, progress on this issue was made with happiness to families in Colorado. That the tions to our community are not limited to the the inclusion of report language in the Omni- school produced so much from their food drive field of education, however: she is the founder bus bill for fiscal year 1999 urging HCFA to for the benefit of local families through the and chairperson of the community based Trin- use its existing statutory authority to raise the Salvation Army is testament to the true mean- ity Senior Services, an organization that raises reimbursement rate by administrative action. ing of the spirit of Christmas and Hanukkah. money to provide services to over 1,500 sen- Unfortunately, the reimbursement rate has Let us remember, as these good people have, ior citizens. She has also served for 9 years not increased and the time table for any that the holiday season is one of giving, one as a member of the Board of Outreach change is unclear. In order to rectify this situa- of joy, and one of hope. Let the children's ex- Project, a rehabilitation program for children tion, my legislation defines the date for an in- ample during the holidays be a beacon to us ages 8 to 16, with alcohol and drug problems. crease in the pap smear reimbursement rate all throughout the year. Dr. Geraldine D. Chapey's accomplishments and sets the rate at the national average for f rival those of her mother. She is currently a production costs. For women in Hawaii and member of the NY State Board of Regents the rest of the nation, this means we can as- TRIBUTE TO J. MICHAEL COOK and of School Board 27. She presently serves sure their access to reliable and timely pap on the Governor's Advisory Council and on smear results. HON. E. CLAY SHAW, JR. the Board of Directors of the Association of Everyone knows that pap smears save OF FLORIDA Teachers of New York. For her significant con- lives. With annual screening, the chance of IN THE HOUSE OF REPRESENTATIVES tributions to education, she has received a developing cervical cancer can be reduced to number of honors including Woman of the less than 1%. Over the last 40 years, the inci- Thursday, March 4, 1999 Year and Educator of the Year. Because of dence of invasive cervical cancer has de- Mr. SHAW. Mr. Speaker, I rise today to pay her achievements and her strong commitment creased significantly due to early detection ef- tribute to J. Michael Cook, who is stepping to quality and innovative education, Dr. forts. Still, an estimated 13,700 new cases of down as chairman and chief executive officer Chapey has been invited to serve on task invasive cervical cancer will be diagnosed in of Deloitte & Touche, one of the world's larg- forces and committees for the United States 1998, and 4,900 women will die of the dis- est professional services firms. and New York Departments of Education. ease. Screening for cervical cancer allows Mike has led D&T since 1989, making him The distinguished Doctors Chapey have doctors to catch the disease in its early stages the longest-standing chief executive of all the long been known as innovators and beacons and save a life. A 70 percent decline in deaths Big Five accounting and consulting firms. Dur- of good will to all those they come into con- due to cervical cancer in the last 50 years can ing his tenure, the firm has experienced phe- tact. In recognition of their many accomplish- be directly attributed to pap smears. nomenal growth. Today, D&T has revenues of ments on behalf of my constituents and the An adequate pap smear reimbursement more than $9 billion and an annual growth people of our country, I am sure I speak for level demonstrates respect for the women and E356 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 1999 families who benefit from a timely and accu- government implicitly condones this illegal ac- port of the program and his dedication to the rate annual pap smear. I am anxious to con- tivity. As lawmakers, we have a responsibility California grape industry. tinue the work we have begun with HCFA and to rise up and fight against the use and Dan Malcolm grew up on a family farm near am counting on my colleagues support for the spread of drugs everywhere we can. We Sanger, California, where he gained a strong Investment in Women's Health Act of 1999. should start by making it harder, not easier to respect for agriculture. As a young man, he f practice this deadly habit. This bipartisan, became interested in politics and agricultural common sense legislation will reaffirm the fed- education, which led him to become owner, BLEVINS JUNIOR HIGH SCHOOL eral government's commitment to the war on publisher, and editor of the fastest growing ag- drugs. ricultural publishing company in the Western HON. BOB SCHAFFER While supporters of these dangerous pro- United States. In 1992, Dan founded Malcolm OF COLORADO grams can overlook the damage they do to Media Ag Publishing in Clovis, California. The IN THE HOUSE OF REPRESENTATIVES our communities and our children simply be- first publication he and his wife Monica formed cause they believe they serve a public health to help expand awareness of agriculture was Thursday, March 4, 1999 interest, the medical evidence is simply not American Vineyard, which was first published Mr. SCHAFFER. Mr. Speaker, I rise today there. Studies have shown that addicts who in early 1992. In just two short years American to pay humble tribute to the students, teach- use needle exchange programs are more like- Vineyard became the highest circulated grape ers, and parents of Blevins Junior High School ly to contract HIV or other blood-borne vi- industry publication in the state. In 1995 Amer- in Colorado for their efforts to help the needy ruses. A recent study published in the Amer- ican Vineyard became the most requested during the holidays. I commend the faculty of ican Journal of Epidemiology concluded that grape industry publication in the United States Blevins as well as all the students, parents, there was no indication that needle exchanges with over 10,000 readers. Today Malcolm con- and individuals who contributed to their special protected against blood-borne infections. In tinues to support agricultural education canned food drive. Their selfless dedication fact, the study concluded, ``there was no indi- through scholarships to viticulture, and has provided warmth, comfort, and happiness cation of a protective effect of syringe ex- enology students throughout California. to families in Colorado. That the school pro- change against HBV or HCV infection. Indeed, Mr. Speaker, I rise today to congratulate duced 5,500 cans of food and warm clothing highest incidence of infection occurred among Dan Malcolm, recipient of The Viticulture and for the benefit of local families through the current users of the exchange, even after ad- Enology Research Center Award. Dan has Salvation Army is testament to the true mean- justing for confounding variables.'' been a vital part of the California grape indus- ing of the spirit of Christmas and Hanukkah. Mr. Speaker, when the President unveiled try. I urge all my colleagues to join me in wish- Let us remember, as these good people have, his anti-drug strategy, Vice-President Gore ing Dan Malcolm many years of continued that the holiday season is one of giving, one stated, ``We must mount an all-out effort to success. of joy, and one of hope. Let this example dur- banish crime, drugs and disorder and hope- f ing the holidays be a beacon to us all through- lessness from our streets once and for all.'' out the year. Yet, in the words of the President's own Na- TRIBUTE TO BRUCE A. BEAM f tional Drug Czar, General Barry McCaffrey, ``these programs are magnets for all social HON. EDOLPHUS TOWNS INTRODUCTION OF LEGISLATION illsÐpulling in crime, violence, addicts, pros- OF NEW YORK TO PROHIBIT FEDERAL FUNDS titution, dealers and gangs and driving out FROM BEING USED TO DEVELOP IN THE HOUSE OF REPRESENTATIVES hope and opportunity.'' Mr. Speaker, we will NEEDLE EXCHANGE PROGRAMS Thursday, March 4, 1999 never banish crime, drugs, disorder and hope- lessness by providing those responsible for it Mr. TOWNS. Mr. Speaker, I rise today to HON. BOB GOODLATTE with the tools of their trade. recognize the retirement of a giant in the en- OF VIRGINIA The United States government must never ergy industry, Captain Bruce A. Beam. Bruce IN THE HOUSE OF REPRESENTATIVES give up on the war against the deadly drugs will retire from American Electric Power as Vice President of Governmental Affairs on Thursday, March 4, 1999 that continue to destroy our neighborhoods, our schools and so many of our families. We February 28th after 34 years of service. Mr. GOODLATTE. Mr. Speaker, I rise today should not tell our children ``Don't do drugs,'' I have gotten to know Bruce from my serv- to introduce bipartisan legislation that will con- on the one hand, while giving them free nee- ice on the Commerce Committee. Beginning tinue the war on drugs by prohibiting federal dles to shoot up with the other. We need a na- with the Clean Air Act Amendments of 1990 funds from being used to develop needle ex- tional drug control policy which emphasizes and through the Energy Policy Act of 1992 I change programs. These programs are harm- education, interdiction, prevention and treat- recognized Bruce as a source of accurate in- ful to communities and undermine our nation's mentÐNOT subsidies for addicts. formation and steadfast integrity. While we drug control efforts. Similar legislation over- I urge my colleagues to heed the advice of were not always on the same side on all the whelmingly passed the House last year with General McCaffrey and ensure that the federal issues, I knew that at the end of the day I broad bipartisan support. government is not in the business of subsidiz- could expect a smile and a kind word from Drug abuse continues to ravage our com- ing irresponsible, reckless and illegal behavior. Bruce, regardless of the outcome. munities, our schools and our children. Heroin The federal government should provide lead- Bruce first came to Washington in the early use is again on the rise. Unfortunately, thou- ership, NOT needles. 1970s as a commuter lobbyist from Roanoke, sands of children will inject hard core drugs f Virginia. In 1978 AEP decided that Bruce like heroin and cocaine for the first time this should establish a Washington office and after year, and many of them will not make it to CONGRATULATING DAN MALCOLM working out of his home for a while he settled adulthood. To deal with this problem, we must into some space on K Street. The impact of have a firm commitment by the federal gov- HON. GEORGE RADANOVICH having Bruce in DC full time was extremely ernment to end the cycle of addiction and OF CALIFORNIA positive and as a result the AEP Board of abuse that destroys so many lives. IN THE HOUSE OF REPRESENTATIVES trustees elected Bruce Vice President of Gov- Not only are needle exchange programs in ernmental Affairs in 1981. conflict with federal law, but the results of Thursday, March 4, 1999 In addition to ably representing AEP in community-based needle exchange programs Mr. RADANOVICH. Mr. Speaker, I rise Washington Bruce continued in his service to have been disastrous. Needle exchange pro- today to congratulate Dan Malcolm, recipient the US Navy culminating in his appointment to grams result in towns with higher crime, of The Viticulture and Enology Research Cen- the Chief of Naval Operations Executive Advi- schools that are littered with used drug para- ter Award. Dan Malcolm has been a strong sory Committee. This important body provides phernalia, and neighborhoods that are supporter of the California grape industry for guidance to the CNO on a host of issues deal- magnets for drug addicts and the high-risk be- many years. ing with national security. Bruce's service to havior that accompany them. Each year at California State University, this group has been and continues to be on a Providing free hypodermic needles to ad- Fresno, an outstanding individual in the Cali- pro-bono basis. dicts so they can continue to inject illegal fornia grape industry is honored on Grape Although he will no longer be working the drugs sends a terrible message to our chil- Day. This year, The Viticulture and Enology halls of Congress for AEP full time, I know we drenÐthat Congress has given up on the fight Research Center proudly honored Dan Mal- will see Bruce around Washington. Two of his to stop illegal drug use and that the federal colm of Malcolm Media for his generous sup- children and three of his grandchildren live in CONGRESSIONAL RECORD — Extensions of Remarks E357 the greater Washington area so we know that MIAMI’S CEDARS MEDICAL CEN- RELIQUIDATION OF CERTAIN EN- ``Poppy'' won't be going far away for any ex- TER RANKED AMONG NATION’S TRIES OF SELF-TAPPING tended period of time. And I for one am happy BEST SCREWS about that, this way I can still get his goat when the Hokies have a bad day on the bas- HON. ILEANA ROS-LEHTINEN HON. CURT WELDON ketball court! OF FLORIDA OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Thursday, March 4, 1999 TRIBUTE TO MRS. ELLA YON Thursday, March 4, 1999 STEVENSON Ms. ROS-LEHTINEN. Mr. Speaker, I would like to recognize Miami's own Cedars Medical Mr. WELDON of Pennsylvania. Mr. Speaker, Center for having been named one of the top I rise today to introduce legislation to provide HON. JAMES E. CLYBURN 100 hospitals for 1998 by the Health Care In- for the reliquidation for certain entries of self- OF SOUTH CAROLINA dustry Agency (HCIA) and William M. Mercer tapping screws and to correct an error of IN THE HOUSE OF REPRESENTATIVES Incorporated. omission made by the U.S. Customs Office in Thursday, March 4, 1999 For 38 years, Cedars Medical Center has Philadelphia, PA. provided top quality health care to the many In August of 1993, a customs broker in my Mr. CLYBURN. Mr. Speaker, I rise today to patients and residents of South Florida and, in district entered industrial screws for liquidation ask my colleagues to join me in paying tribute fact, 1998 was the second consecutive year at the Port of Philadelphia under the Har- to Mrs. Ella Yon Stevenson of North, SC. On that Cedars Medical Center was ranked as a monized Tariff Schedule provision 7318.12, a Friday, March 5, I will join the community in national benchmark in an annual study entitled provision for wood screws. While the customs celebration of her 100th birthday. 100 Top Hospitals: Benchmark for Success. broker disagreed with the U.S. Customs Serv- Mrs. Stevenson was born in Orangeburg This annual study conducted by HCIA and ice's position to assess these screws under County in the town of Norway, SC on March Mercer's health care provider consulting prac- this provision, the broker did as directed to 17, 1899. She is the daughter of the late Glen tice identifies U.S. hospitals that deliver cost- minimize friction. The company believed at and Henrietta G. Yon. As a child, she at- efficient and highest quality medical care, and that time that the screws fit a different descrip- tended Norway Public Schools. Mrs. Steven- today South Florida is proud to pay tribute to tion and that a lower rate of duty applied. As son joined Bushy Pond Baptist Church of Nor- Cedars Medical Hospital for having been na- a result of the Customs' assessment, how- way, SC at a very early age. She enjoyed tionally recognized for its ability to always ex- ever, the rate of duty on the imported screws singing in the choir until her health prevented ceed the needs and expectations of their pa- more than doubled from 6.2 percent to 12.5 her from participating. She is strongly commit- tients and for continuing to commit itself to ex- percent. ted to her church and community. To this day, cellence. In 1996, the U.S. Court of International Mrs. Stevenson continually offers support to In addition to being nationally ranked in an Trade agreed with the customs broker and her neighbors, friends, and family. analysis of over 3,000 acute-care hospitals ruled that the U.S. Customs Service was in- Mrs. Stevenson cherishes her family. She across the country, Cedars Medical Center re- correct in its classification of the merchandise married the late George W. Stevenson. They ceived Mercury awards for its superior overall as a wood screw and that the importer was had four sons: George Stevenson, Jr., James performance in the specializations of ortho- due a refund. While the U.S. Customs Service Stevenson, Authur Stevenson, and Levern pedics and oncology, based on a new study of did pay a refund on some of the entries, a Stevenson (all deceased), and two unique 21 Miami area hospitals, released by Ameri- clerical error in their Philadelphia office pre- daughters, Clara Mae Stevenson Pough and ca's Health Network. vented several entries from coming properly Reather Bell Stevenson Pough. Mrs. Steven- I congratulate Steven D. Sonenreich, CEO before the court for judgment. As a result, son has 34 grandchildren, 50 great grand- of Cedars; John H. O'Neil, Jr., Chairman of those entries were not included in the report children, and 48 great-great grandchildren. the Board; Dr. Luis Pagan, Chief of Medical even though they are subject to the same rul- She currently resides with her daughter Staff, as well as every employee and member ing. Reather Bell in North, SC. of Cedars for their individual important and un- Please join me in recognizing Mrs. Ella Yon Mr. Speaker, I introduced this legislation last forgettable contributions and for their many year with the intention of including it in the Stevenson as she celebrates her 100th birth- sacrificial efforts that together enabled Cedars day. Miscellaneous Trade and Tariff Correction Act. Medical Center to be among the finest in our It is my understanding that it was not included country. f in that legislation in the last session because f it was opposed by the Customs Service which PERSONAL EXPLANATION cited that it posed an undue administrative PERSONAL EXPLANATION burden on them. Currently, Mr. Speaker, if you HON. JULIA CARSON do not include the interest on that money, the OF INDIANA HON. HAROLD ROGERS U.S. Customs Service has imposed $106,000 worth of burden on this local business even IN THE HOUSE OF REPRESENTATIVES OF KENTUCKY though the court has ruled against them on IN THE HOUSE OF REPRESENTATIVES Thursday, March 4, 1999 this issue. Ms. CARSON. Mr. Speaker, I was unavoid- Thursday, March 4, 1999 The U.S. Customs Service currently has ably absent on Wednesday, March 4, 1999, Mr. ROGERS. Mr. Speaker, on March 2, more than $100,000 that it simply has no right and as a result, missed rollcall votes 31 and 1999 I was unavoidably detained and was not to. With that in mind, I will look forward to hav- 32. Had I been present, I would have voted present for roll votes #29 and #30. Had I been ing this bill included in legislation to correct ``yes'' on rollcall vote 31 and ``yes'' on rollcall present, I would have voted aye on roll call similar problems, with the full support of the 32. vote #29 and aye on roll call vote #30. Administration. Thursday, March 4, 1999 Daily Digest Senate for public comments and notice. (By 54 yeas to 43 Chamber Action nays (Vote No. 32), Senate tabled the amendment.) Routine Proceedings, pages S2237–S2351 Pages S2265±67 Measures Introduced: Twenty-three bills and four Pending: resolutions were introduced, as follows: S. 529–551, Jeffords Amendment No. 31, in the nature of a S. Res. 57–58, and S. Con. Res. 14–15. substitute. Pages S2242±53, S2258±71 Pages S2273±74 Bingaman Amendment No. 35 (to Amendment No. 31), to provide for a national school dropout Measures Reported: Reports were made as follows: prevention program. Pages S2242±49 S. 544, making emergency supplemental appro- Lott Amendment No. 37 (to Amendment No. priations and rescissions for recovery from natural 35), to authorize additional appropriations to carry disasters, and foreign assistance, for the fiscal year out part B of the Individuals with Disabilities Edu- ending September 30, 1999. (S. Rept. No. 106–8) cation Act. Page S2258 S. 249, to provide funding for the National Cen- A motion was entered to close further debate on ter for Missing and Exploited Children, to reauthor- Jeffords Amendment No. 31 (listed above) and, in ize the Runaway and Homeless Youth Act, with an accordance with the provisions of Rule XXII of the amendment in the nature of a substitute. Page S2273 Standing Rules of the Senate, a vote on the cloture Measures Passed: motion will occur on Monday, March 8, 1999, at 5 p.m. Pages S2270±71 Honoring Morris K. Udall: Senate agreed to S. A unanimous-consent agreement was reached pro- Con. Res. 15, honoring Morris King Udall, former viding for the further consideration of the bill on United States Representative from Arizona, and ex- Friday, March 5, 1999. Page S2350 tending the condolences of the Congress on his death. Pages S2344±50 Messages From the House: Pages S2271±72 Retirement of Barry J. Wolk: Senate agreed to S. Measures Referred: Page S2272 Res. 58, relating to the retirement of Barry J. Wolk. Communications: Pages S2272±73 Page S2350 Petitions: Page S2273 Education Flexibility Partnership Act: Senate con- Statements on Introduced Bills: Pages S2274±S2333 tinued consideration of S. 280, to provide for edu- cation flexibility partnerships, taking action on the Additional Cosponsors: Pages S2333±34 following amendments: Pages S2243±53, S2258±71 Amendments Submitted: Pages S2337±40 Adopted: Authority for Committees: Page S2340 By a unanimous vote of 100 yeas (Vote No. 31), Jeffords Amendment No. 36 (to Amendment No. Additional Statements: Pages S2340±44 35), to honor the Federal commitment to fund part Record Votes: Two record votes were taken today. B of the Individuals with Disabilities Education Act. (Total—32) Pages S2258, S2267 Pages S2249±53, S2258 Adjournment: Senate convened at 9:30 a.m. and Rejected: adjourned at 7:10 p.m., until 9:30 a.m. on Friday, Jeffords Amendment No. 38 (to Amendment No. March 5, 1999. (For Senate’s program, see the re- 31), to provide that the Secretary of Education shall marks of the Majority Leader in today’s Record on prescribe requirements on how States will provide page S2350.)

D214 March 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D215 BUSINESS MEETING: FINANCIAL SERVICES Committee Meetings MODERNIZATION ACT (Committees not listed did not meet) Committee on Banking: Committee ordered favorably reported an original bill to enhance competition in APPROPRIATIONS—EMERGENCY the financial services industry by providing a pru- SUPPLEMENTAL dential framework for the affiliation of banks, securi- Committee on Appropriations: Committee ordered favor- ties firms, insurance companies, and other financial ably reported an original bill (S. 544) making emer- service providers. gency supplemental appropriations and rescissions for recovery from natural disasters, and foreign assist- CHILDREN INTERNET PROTECTION ance, for the fiscal year ending September 30, 1999. Committee on Commerce, Science, and Transportation: Committee concluded hearings on S. 97, to require APPROPRIATIONS—TRANSPORTATION the installation and use by schools and libraries of Committee on Appropriations: Subcommittee on Trans- a technology for filtering or blocking material on the portation concluded hearings on proposed budget es- Internet on computers with Internet access to be eli- timates for fiscal year 2000 for the Department of gible to receive or retain universal service assistance, Transportation, after receiving testimony from Rod- after receiving testimony from Janie Harris, Solace ney E. Slater, Secretary of Transportation. House, Shawnee Mission, Kansas; Mary Anne Layden, University of Pennsylvania Department of APPROPRIATIONS—NATIONAL DRUG Psychiatry, Philadelphia; Candace Morgan, Fort Van- CONTROL POLICY couver Regional Library, Vancouver, Washington; Committee on Appropriations: Subcommittee on Treas- Gordon Ross, Net Nanny Software International, ury and General Government concluded hearings on Inc., Bellevue, Washington; Bruce Taylor, National proposed budget estimates for fiscal year 2000 for Law Center for Children and Families, Fairfax, Vir- the Office of National Drug Control Policy, after re- ginia; Jay A. Sekulow, American Center for Law and ceiving testimony from Barry R. McCaffrey, Direc- Justice, Virginia Beach, Virginia; Elliot M. tor, Office of National Drug Control Policy. Mincberg, People for the American Way Foundation, Washington, D.C.; and Adrian Russell-Falla, APPROPRIATIONS—FEDERAL EMERGENCY RuleSpace, Inc., Portland, Oregon. MANAGEMENT AGENCY Committee on Appropriations: Subcommittee on Veteran BUSINESS MEETING Affairs, Housing and Urban Development and Inde- Committee on Energy and Natural Resources: Committee pendent Agencies concluded hearings on proposed ordered favorably reported the following business budget estimates for fiscal year 2000 for the Federal items: Emergency Management Agency, after receiving tes- S. 278, to direct the Secretary of the Interior to timony from James L. Witt, Director, Mike Walker, convey certain lands to the county of Rio Arriba, Deputy Director, Gary Johnson, Chief Financial Of- New Mexico; ficer, and Carrye Brown, Administrator, U.S. Fire S. 291, to convey certain real property within the Administrator, all of the Federal Emergency Man- Carlsbad Project in New Mexico to the Carlsbad Ir- agement Agency. rigation District; S. 292, to preserve the cultural resources of the AUTHORIZATION—DEFENSE Route 66 corridor and to authorize the Secretary of Committee on Armed Services: Committee concluded the Interior to provide assistance; hearings on proposed legislation authorizing funds S. 293, to direct the Secretaries of Agriculture and for fiscal year 2000 for the Department of Defense Interior to convey certain lands in San Juan County, focusing on the military strategy and operational re- New Mexico, to San Juan College; quirements of the regional commands, and the future S. 243, to authorize the construction of the Per- years defense program, after receiving testimony kins County Rural Water System and authorize fi- from Adm. Dennis C. Blair, USN, Commander-in- nancial assistance to the Perkins County Rural Chief, U.S. Pacific Command; Gen. Charles E. Wil- Water System, Inc., a nonprofit corporation, in the helm, USMC, Commander-in-Chief, U.S. Southern planning and construction of the water supply sys- Command; and Gen. John H. Tilelli, Jr., USA, tem; Commander-in-Chief, United Nations Command/ S. 330, to promote the research, identification, as- U.S. Forces Korea/Combined Forces Command sessment, exploration, and development of methane Korea. hydrate resources; D216 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1999 S. 334, to amend the Federal Power Act to re- the Environmental Protection Agency, and Anne move the jurisdiction of the Federal Energy Regu- Jeannette Udall, of North Carolina, to be a Member latory Commission to license projects on fresh waters of the Board of Trustees of the Morris K. Udall in the State of Hawaii; Scholarship and Excellence in National Environ- S. 356, to authorize the Secretary of the Interior mental Policy Foundation, after the nominees testi- to convey certain works, facilities, and titles of the fied and answered questions in their own behalf. Mr. Gila Project, and designated lands within or adjacent Guzy was introduced by Senator Lautenberg and Dr. to the Gila Project, to the Wellton-Mohawk Irriga- Udall was introduced by Representative Udall. tion and Drainage District; S. 361, to direct the Secretary of the Interior to BUSINESS MEETING transfer to John R. and Margaret J. Lowe of Big Committee on Finance: Committee ordered favorably Horn County, Wyoming, certain land so as to cor- reported the following bills: rect an error in the patent issued to their prede- S. 331, bill to amend the Social Security Act to cessors in interest; expand the availability of health care coverage for S. 366, to amend the National Trails System Act working individuals with disabilities, to establish a to designate El Camino Real de Tierra Adentro as Ticket to Work and Self-Sufficiency Program in the a National Historic Trail; Social Security Administration to provide such indi- S. 382, to establish the Minuteman Missile Na- viduals with meaningful opportunities to work, with tional Historic Site in the State of South Dakota; an amendment in the nature of a substitute; and S. 422, to provide for Alaska state jurisdiction S. 494, to amend title XIX of the Social Security over small hydroelectric projects; Act to prohibit transfers or discharges of residents of S. 426, to amend the Alaska Native Claims Settle- nursing facilities as a result of a voluntary with- ment Act, to provide for a land exchange between drawal from participation in the Medicaid program. the Secretary of Agriculture and the Huna Totem Corporation; FOREIGN AFFAIRS BUDGET S. 430, to amend the Alaska Native Claims Settle- Committee on Foreign Relations: Subcommittee on ment Act, to provide for a land exchange between International Operations concluded hearings on the the Secretary of Agriculture and the Kake Tribal President’s proposed budget request for fiscal year Corporation; 2000 for the Department of State, after receiving S. 449, to direct the Secretary of the Interior to testimony from Bonnie R. Cohen, Under Secretary transfer to the personal representative of the estate of for Management, and Jacquelyn Williams-Bridgers, Fred Steffens of Big Horn County, Wyoming, cer- Inspector General, both of the Department of State; tain land comprising the Steffens family property; and Benjamin F. Nelson, Director, International Re- H.R. 171, to authorize appropriations for the lations and Trade Issues, National Security and Coastal Heritage Trail Route in New Jersey; and International Affairs Division, General Accounting H.R. 193, to designate a portion of the Sudbury, Office. Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. BUSINESS MEETING Also, Committee completed its review of those Committee on Governmental Affairs: Committee ordered programs which fall within the committee’s jurisdic- favorably reported the following measures: tion as contained in the President’s proposed budget S. 380, to reauthorize the Congressional Award for fiscal year 2000, and agreed on recommendations Act; it will make thereon to the Committee on the Budg- S. 92, to provide for biennial budget process and et. a biennial appropriations process and to enhance NOMINATION oversight and the performance of the Federal Gov- Committee on Energy and Natural Resources: Committee ernment, with an amendment in the nature of a sub- concluded hearings on the nomination of Robert stitute; Wayne Gee, of Texas, to be the Assistant Secretary An original bill to provide guidance for the des- of Energy for Fossil Energy, after the nominee testi- ignation of emergencies as a part of the budget proc- fied and answered questions in his own behalf. ess. (As approved by the committee, the bill incor- porates the text of Title II of S. 93.); and NOMINATIONS An original bill to prevent the shutdown of the Committee on Environment and Public Works: Commit- Government at the beginning of a fiscal year if a tee concluded hearings on the nominations of Gary new budget is not yet enacted. (As approved by the S. Guzy, of the District of Columbia, to be an As- committee, the bill incorporates the text of Title IV sistant Administrator (Office of General Counsel) of of S. 93.) March 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D217 BUSINESS MEETING and Health; Roslyn C. Wade, Minnesota Department Committee on the Judiciary: Committee ordered favor- of Labor and Industry, Minneapolis; Harry C. Alford, ably reported S. 249, to provide funding for the Na- Jr., National Black Chamber of Commerce, Inc., and tional Center for Missing and Exploited Children, Margaret Seminario, Department of Occupational and to reauthorize the Runaway and Homeless Safety and Health (AFL–CIO), both of Washington, Youth Act, with an amendment in the nature of a D.C.; Robert J. Cornell, Mon Valley Petroleum, Inc., substitute. McKeesport, Pennsylvania, on behalf of the National Association of Manufacturers; Edwin J. Foulke, Jr., NEW SAFE ACT Jackson, Lewis, Schnitzler and Krupman, Greenville, Committee on Health, Education, Labor and Pensions: South Carolina, on behalf of the United States Subcommittee on Employment, Safety and Training Chamber of Commerce; Scott Hobbs, Hobbs, Inc., concluded hearings on S. 385, to amend the Occupa- New Canaan, Connecticut, on behalf of the Associ- tional Safety and Health Act of 1970 to further im- ated General Contractors of America; Gayla prove the safety and health of working environments, McCluskey, American Industrial Hygiene Associa- after receiving testimony from Charles N. Jeffress, tion, Radnor, Pennsylvania; and Curtis McGuire, Assistant Secretary of Labor for Occupational Safety Redlegs Lumper Service, Columbus, Ohio. h House of Representatives ter assistance policy and prohibits any policy that Chamber Action would retroactively reduce the amount of assistance Bills Introduced: 51 public bills, H.R. 973–1023; provided to a State or local government; and 3 private bills, H.R. 1024–1026; and 4 resolutions, Page H975 H.J. Res. 36, H. Con. Res. 41, and H. Res. 97–98, The Traficant amendment that requires the com- were introduced. Pages H1011±13 pliance with the Buy American Act and provides for Reports Filed: Reports were filed today as follows: the debarment of persons convicted of fraudulent use H.R. 819, to authorize Appropriations for the of ‘‘Made in America’’ labels. Pages H975±76 Federal Maritime Commission for fiscal years 2000 Earlier, agreed to H. Res. 91, the rule that pro- and 2001 (H. Rept. 106–42). Page H1010 vided for consideration of the bill by voice vote. Pages H964±65 Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Hefley Condolences on the Death of the Hon. Morris K. to act as Speaker pro tempore for today. Page H959 Udall: The House agreed to H. Con. Res. 40, hon- oring Morris King Udall, former United States Rep- Robert T. Stafford Disaster Relief and Emer- resentative from Arizona, and extending the condo- gency Assistance Act: The House passed H.R. 707, lences of the Congress on his death. Pages H978±86 to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize a program for Meeting Hour—March 8: Agreed that when the predisaster mitigation, to streamline the administra- House adjourns today, it adjourn to meet at 2 p.m. tion of disaster relief, to control the Federal costs of on Monday, March 8. Page H986 disaster assistance by yea and nay vote of 415 yeas Meeting Hour—March 9: Agreed that when the to 2 nays, Roll No. 33. Pages H966±977 House adjourns on Monday, it adjourn to meet at Agreed to the Committee amendment in the na- 10:30 a.m. on Tuesday, March 9, for morning-hour ture of a substitute made in order by the rule. debate. Page H986 Page H976 Calendar Wednesday: Agreed that the business in Agreed To: order under the Calendar Wednesday rule be dis- The Fowler amendment that allows a state, in lieu pensed with on Wednesday, March 10. Page H986 of repair, to receive a 90 percent contribution of the Federal repair estimate for alternative projects in Committee Resignation: Read a letter from Rep- areas with unstable soil; specifies that victims shall resentative Buyer wherein he resigned from the not be denied assistance solely on the basis of an ap- Committee on the Judiciary. Without objection, the plication or receipt of other Federal financial assist- resignation was accepted. Pages H986±87 ance, including aid from the SBA; and requires pub- Commission on the Advancement of Women lic comment before adopting new or modified disas- and Minorities in Science, Engineering, and D218 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1999 Technology Development: Read a letter from the States District Court, District of Massachusetts; Di- Minority Leader wherein he announced his appoint- rector, Federal Judicial Center. ment of Dr. Jill Shapiro, Ph.D. to the Commission DEFENSE APPROPRIATIONS on the Advancement of Women and Minorities in Science, Engineering, and Technology Development. Committee on Appropriations: Subcommittee on Defense Page H1009 met in executive session to hold a hearing on U.S. Pacific Command and U.S. Forces in Korea. Testi- Committee Resignation: Read a letter from Rep- mony was heard from the following officials of the resentative Condit wherein he requested a leave of Department of Defense: Adm. Dennis C. Blair, absence from the Committee on Government Re- USN, Commander in Chief, U.S. Pacific Command; form. Without objection, the resignation was accept- and Gen. John H. Tilelli, Jr., USA, Commander in ed. Page H1009 Chief, Korea. Amendments: Amendments ordered printed pursu- The Subcommittee also held a hearing on Person- ant to the rule appear on pages H1014–16. nel Issues/Medical Programs. Testimony was heard Quorum Calls—Votes: One yea and nay vote devel- from the following officials of the Department of oped during the proceedings of the House today and Defense: Rudy DeLeon, Under Secretary (Personnel appear on pages H976–77. There were no quorum and Readiness); and Sue Bailey, M.D., Assistant Sec- calls. retary, Health Affairs. Adjournment: The House met at 10 a.m. and ad- ENERGY AND WATER DEVELOPMENT journed at 4:12 p.m. APPROPRIATIONS Committee on Appropriations: Subcommittee on Energy Committee Meetings and Water Development held a hearing on the De- partment of Energy. Testimony was heard from Bill LOAN DEFICIENCY PAYMENT PROGRAM Richardson, Secretary of Energy. Committee on Agriculture: Subcommittee on General FOREIGN OPERATIONS APPROPRIATIONS Farm Commodities, Resource Conservation, and Committee on Appropriations: Subcommittee on Foreign Credit held a hearing to review the Loan Deficiency Operations continued appropriation hearings. Testi- Payment Program. Testimony was heard from Au- mony was heard from Members of Congress and gust Schumacher, Jr., Under Secretary, Farm and public witnesses. Foreign Agricultural Services, USDA; and a public witness. INTERIOR APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Interior FDA APPROPRIATIONS held a hearing on the Bureau of Land Management. Testimony was heard from Joel Williamson, Direc- Committee on Appropriations: Subcommittee on Agri- tor, Civil Agencies Information Systems, Accounting culture, Rural Development, Food and Drug Admin- and Information Management, Division, GAO; and istration, and Related Agencies, held a hearing on the following officials of the Bureau of Land Man- Commodity Futures Trading Commission. Testi- agement, Department of the Interior: Tom Fry, Di- mony was heard from Brooksley Born, Chair, Com- rector; Nina Rose Hatfield, Deputy Director; and modity Futures Trading Commission. Lawrence Benna, Budget Officer. COMMERCE, JUSTICE, STATE, AND LABOR-HHS-EDUCATION JUDICIARY APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Com- Committee on Appropriations: Subcommittee on Labor, merce, Justice, State, and the Judiciary, held a hear- Health and Human Services, and Education held a ing on The Federal Judiciary. Testimony was heard hearing on National Institute of Allergy and Infec- from the following officials of the Judicial Con- tious Diseases, the National Eye Institute, and on ference of the United States: Judge John G. Heyburn the Director of NIH and Office of Director Panel. II, U.S. District Court, Western District of Ken- Testimony was heard from the following officials of tucky, Chairman, Committee on the Budget; Judge the Department of Health and Human Services: Lawrence L. Piersol, U.S. District Court, District of Dennis P. Williams, Deputy Assistant Secretary, South Dakota, member, Committee on the Budget; Budget; Anthony S. Fauci, M.D., Director, National Leonidas Ralph Mecham, Director, Administrative Institute of Allergy and Infectious Diseases; Harold Office of the United States Courts, member, Execu- Varmus, M.D., Director, NIH; Carl Kupfer, M.D., tive Committee; and Judge Rya W. Zobel, United Director; Jack McLaughlin, M.D., Deputy Director; March 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D219 Judith Duff, Executive Officer; and Carol Lipson (Force Management Policy); Lt. Gen. David Ohle, Fivozinsky, Budget Officer, all with the National USA, Deputy Chief of Staff, Personnel, Department Eye Institute. of the Army; Vice Adm. Daniel T. Oliver, USA, MILITARY CONSTRUCTION Chief of Naval Personnel, Department of the Navy; APPROPRIATIONS Lt. Gen. Donald L. Peterson, USAF, Deputy Chief of Staff, Department of the Air Force; Lt. Gen. Jack Committee on Appropriations: Subcommittee on Mili- W. Klimp, USMC, Deputy Chief of Staff, Manpower tary Construction, held a hearing on Air Force Con- and Reserve Affairs, Headquarters, U.S. Marine struction. Testimony was heard from the following Corps, and pilots from the Army, Navy, Air Force, officials of the Department of Defense: Ruby B. and Marine Corps. Demesme, Assistant Secretary (Manpower, Reserve Affairs, Installations, and Environment); Maj. Gen. BUDGET REQUEST—DEPARTMENT OF Eugene A. Lupia, USAF, Civil Engineer, Deputy ENERGY Chief of Staff, Installations and Logistics, Head- quarters, USAF; Brig. Gen. Craig R. McKinley, Committee on Armed Services: Subcommittee on Mili- USAF, Director, Air National Guard; and Brig. Gen. tary Procurement held a hearing on the Department Ralph S. Clem, Deputy to the Chief, Air Force Re- of Energy fiscal year 2000 budget request. Testi- serve. mony was heard from the following officials of the Department of Energy: Bill Richardson, Secretary; TRANSPORTATION APPROPRIATIONS Victor H. Reis, Assistant Secretary, Defense Pro- Committee on Appropriations: Subcommittee on Trans- grams; James M. Owendoff, Acting Assistant Sec- portation, held a hearing on the National Railroad retary, Environmental Management; and Rose E. Passenger Corporation (Amtrak). Testimony was Gottemoeller, Director, Office of Nonproliferation heard from George Warrington, President and CEO, and National Security. National Railroad Passenger Corporation (AMTRAK); and the following officials of the De- MILITARY TRAINING—CAPABILITIES AND partment of Transportation: Jolene M. Molitoris, Ad- SHORTCOMINGS ministrator, Federal Railroad Administration; and Kenneth M. Mead, Inspector General. Committee on Armed Services: Subcommittee on Mili- tary Readiness held a hearing on military training TREASURY-POSTAL SERVICE capabilities and shortfalls. Testimony was heard from APPROPRIATIONS the following officials of the Department of Defense: Committee on Appropriations: Subcommittee on Treas- Gen. John M. Abrams, USA, Commanding General, ury, Postal Service, and General Government held a U.S. Army Training and Doctrine Command and hearing on the National Archives. Testimony was Maj. Gen. Robert Flowers, USA, Commanding Gen- heard from John Carlin, Archivist of the United eral, U.S. Army Engineer Center and Ft. Leonard States, National Archives and Records Administra- Wood, Missouri, both with the Department of the tion. Army; Vice Adm. John W. Craine, Jr., USN, Direc- tor, Naval Training and Chief of Naval Education VA-HUD-INDEPENDENT AGENCIES APPROPRIATIONS and Training; Rear Adm. Toney M. Bucci, USN, Chief, Naval Air Training; Lt. Gen. .John E. Committee on Appropriations: Subcommittee on VA, Rhodes, USMC, Commanding General, Combat De- HUD, and Independent Agencies held a hearing on velopment Command and Brig. Gen. Thomas S. NSF. Testimony was heard from the following offi- Jones, Director, Training and Education Division cials of NSF: Rita Colwell, Director; and Eamon (MCCDC), Headquarters, U.S. Marine Corps, all Kelly, Chairman, National Science Board. with the Department of the Navy; Gen. Lloyd W. PILOT RETENTION Newton, USAF, Commander, Air Education and Committee on Armed Services: Subcommittee on Mili- Training Command and Maj. Gen. David F. tary Personnel held a hearing on pilot retention— MacGhee, Jr., USAF, Director, Operations, Air issues and possible solutions. Testimony was heard Combat Command, both with the Department of the from Mark E. Gebicke, Director, Military Operations Air Force. and Capabilities Issues, National Security and Inter- national Affairs Division, GAO; Christopher Jehn, FINANCIAL SERVICES ACT Assistant Director, National Security, CBO; and the Committee on Banking and Financial Services: Began following officials of the Department of Defense; markup of the Financial Services Act of 1999. Francis M. Rush, Jr., Acting Assistant Secretary Will continue March 10. D220 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1999 ADMINISTRATION’S BUDGET—CBO MISCELLANEOUS MEASURES; BUDGET ANALYSIS VIEWS AND ESTIMATES Committee on the Budget: Held a hearing on the CBO Committee on International Relations: Ordered reported analysis of the Administration’s fiscal year 2000 amended H.R. 825, United States-Macau Policy Act. budget. Testimony was heard from Dan L. Crippen, The Committee considered the following measures Director, CBO. and adopted a motion urging the Chairman to re- quest that they be considered on the Suspension Cal- NURSING HOME RESIDENTS PROTECTION endar: H.R. 973, Security Assistance Act of 1999; AMENDMENTS H. Res. 32, expressing support for, and calling for Committee on Commerce: Ordered reported H.R. 540, actions in support of, free, fair, and transparent elec- Nursing Home Residents Protection Amendments of tions in Indonesia; and H. Con. Res. 28, amended, 1999. expressing the sense of Congress that the United States should introduce and make all efforts nec- SAVE OUR SATELLITES ACT essary to pass a resolution criticizing the People’s Committee on Commerce: Subcommittee on Tele- Republic of China for its human rights abuses in communications, Trade, and Consumer Protection China and Tibet at the annual meeting of the approved for full Committee action amended H.R. United Nations Commission on Human Rights. 851, Save Our Satellites Act of 1999. The Committee also approved the Committee’s Budget Views and Estimates for fiscal year 2000 for DECENNIAL CENSUS IMPROVEMENT ACT submission to the Committee on the Budget. Committee on Government Reform: Subcommittee on the Census approved for full Committee action amended H.R. FOREIGN RELATIONS AUTHORIZATION: 683, Decennial Census Improvement Act of 1999. PUBLIC DIPLOMACY PROGRAMS OVERSIGHT—U.S./MEXICO Committee on International Relations: Subcommittee on COUNTERNARCOTICS EFFORTS International Operations and Human Rights held a hearing on Foreign Relations Authorization for Fiscal Committee on Government Reform: Subcommittee on Years 2000–2001: Public Diplomacy Programs. Tes- Criminal Justice, Drug Policy, and Human Re- timony was heard from Representative Roemer; the sources held a hearing on Oversight of U.S./Mexico following officials of the USIA: Penn Kemble, Act- Counternarcotics Efforts. Testimony was heard from ing Director; and Edward E. Kaufman, member, Thomas A. Constantine, Administrator, DEA, De- Broadcasting Board of Governors; and Carl partment of Justice; Rand Beers, Assistant Secretary, Bureau of International Narcotics and Law Enforce- Gershman, President, National Endowment for De- ment Affairs, Department of State; and Ben Nelson, mocracy. Director, International Relations, Foreign Trade, Na- tional Security and International Affairs Division, OVERSIGHT—KNOW YOUR CUSTOMER GAO. RULES Committee on the Judiciary: Subcommittee on Com- POSTAL MODERNIZATION ACT mercial and Administrative Law held an oversight Committee on Government Reform: Subcommittee on hearing on the ‘‘The ‘Know Your Customer’ Rules: Postal Service held a hearing on H.R. 22, Postal Privacy in the Hands of Federal Regulators’’. Testi- Modernization Act of 1999. Testimony was heard mony was heard from Representatives Barr of Geor- from Donna E. Patterson, Deputy Assistant Attorney gia and Paul; the following officials of the Depart- General, Antitrust Division, Department of Justice; ment of the Treasury: John D. Hawke, Jr., Comp- and public witnesses. troller of the Currency; and Timothy R. Burniston, Managing Director, Compliance Policy and Specialty COMMITTEE FUNDING Examinations, Office of Thrift Supervision; Richard Committee on House Administration: Met and consid- A. Small, Assistant Director, Division of Banking ered committee funding requests for the following Supervision and Regulation, Board of Governors, Committees: Small Business; Resources; Judiciary; Federal Reserve System; Christie A. Sciacca, Associ- Agriculture; Ways and Means; Permanent Select ate Director, Division of Supervision, FDIC; David Committee on Intelligence; Armed Services; Edu- Medine, Associate Director, Financial Practices Divi- cation and the Workforce; Government Reform; sion, FTC; Jere W. Glover, Chief Counsel, Office of Commerce; and Rules. Advocacy, SBA; and public witnesses. March 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D221

SECURITY AND FREEDOM THROUGH FISCAL YEAR 2000 BUDGET; DCI’S ENCRYPTION ACT PERSPECTIVE Committee on the Judiciary: Subcommittee on Courts Permanent Select Committee on Intelligence: Met in execu- and Intellectual Property held a hearing on H.R. tive session to hold a hearing on Fiscal Year 2000 850, Security and Freedom Through Encryption Budget: The DCI’s Perspective. Testimony was heard (SAFE) Act. Testimony was heard from William from departmental witnesses. Reinsch, Under Secretary, Export Administration, Department of Commerce; Barbara McNamara, Dep- uty Director, NSA, Department of Defense; and Joint Meetings public witnesses. TAX CUT PROPOSALS Joint Economic Committee: Committee concluded hear- OVERSIGHT; COMMITTEE BUSINESS ings on issues relating to economic growth through Committee on the Judiciary: Subcommittee on Immi- tax cuts, focusing on the federal budget surplus, gration and Claims held an oversight hearing on small businesses, income tax, capital gains tax, tax issues arising from past designations of temporary rates, tax system reform, retail sales tax, and the protected status and fraud in prior amnesty pro- trade deficit, after receiving testimony from Mayor grams. Testimony was heard from Paul Virtue, Gen- Stephen Goldsmith, Indianapolis, Indiana; Rebecca eral Counsel, Immigration and Naturalization Serv- C. Matthias, Mothers Work, Inc., Philadelphia, ice, Department of Justice; and public witnesses. Pennsylvania; George Gilder, Gilder Technology The Subcommittee also considered other pending Group, Inc., Tyringham, Massachusetts; Wendell business. Primus, Center on Budget and Policy Priorities, John G. Wilkins, PricewaterhouseCoopers, and Wil- liam G. Gale, Brookings Institution, all of Washing- OVERSIGHT—U.S. FISH AND WILDLIFE ton, D.C.; Wayne D. Angell, Bear Stearns, New SERVICE BUDGET REQUEST York, New York; and James C. Miller III, Citizens Committee on Resources: Subcommittee on Fisheries for a Sound Economy, McLean, Virginia, former Di- Conservation, Wildlife and Oceans held an oversight rector, Office of Management and Budget. hearing on fiscal year 2000 budget request of the United States Fish and Wildlife Service. Testimony VETERANS PROGRAMS was heard from Jamie Clark, Director, U.S. Fish and Joint Hearing: Senate Committee on Veterans’ Affairs Wildlife Service, Department of the Interior. and the House Committee on Veterans’ Affairs con- cluded joint hearings to review the legislative rec- OVERSIGHT—FOREST SERVICE ROADS ommendations of certain veterans organizations, after MORATORIUM receiving testimony from Roger W. Putnam, Non Committee on Resources: Subcommittee on Forests and Commissioned Officers Association of the USA, Forest Health held an oversight hearing on Forest Homer S. Townsend, Jr., Paralyzed Veterans of Service Roads Moratorium. Testimony was heard America, Michael B. Berman, Jewish War Veterans from Representative Stupak; Ron Stewart, Deputy of the USA, and Elizabeth R. Carr, Blinded Veterans Chief, Forest Service, USDA; and public witnesses. of America, all of Washington, D.C. f OVERSIGHT—FAA R&D FUNDING COMMITTEE MEETINGS FOR FRIDAY, REQUIREMENTS MARCH 5, 1999 Committee on Science: Subcommittee on Technology (Committee meetings are open unless otherwise indicated) held an oversight hearing on Soaring into the Fu- ture? Funding Requirements for FAA Research and Senate Development. Testimony was heard from the follow- Committee on Armed Services: Subcommittee on Emerging ing officials of the Department of Transportation: Threats and Capabilities, to hold hearings on emerging Steven Zaidman, Associate Administrator, Research threats to vital United States national security interests, and Acquisitions, FAA; and Alexis M. Stefani, Dep- 9:30 a.m., SR–222. Special Committee on the Year 2000 Technology Problem: to uty Assistant Inspector General, Aviation; and public hold hearings on international Y2K computer problem witnesses. issues, 9:30 a.m., SD–192. FIGHTING FOREIGN PROTECTIONISM— House IMPORTANCE OF TRADE NEGOTIATIONS No committee meetings are scheduled. Committee on Ways and Means: Subcommittee on Joint Meetings Trade continued hearings on the Importance of Joint Economic Committee: to hold joint hearings on the Trade Negotiations in Fighting Foreign Protection- employment-unemployment situation for February, 9:30 ism. Testimony was heard from public witnesses. a.m., SD–562. D222 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, March 5 2 p.m., Monday, March 8

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Pro Forma Session. of S. 280, Education Flexibility Partnership Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E339, E341 Reyes, Silvestre, Tex., E335, E337 Goodlatte, Bob, Va., E356 Rogers, Harold, Ky., E357 Abercrombie, Neil, Hawaii, E355 Hunter, Duncan, Calif., E349 Ros-Lehtinen, Ileana, Fla., E357 Andrews, Robert E., N.J., E347 Jackson-Lee, Sheila, Tex., E350 Schaffer, Bob, Colo., E335, E336, E337, E338, E340, Bartlett, Roscoe G., Md., E346 Jones, Stephanie Tubbs, Ohio, E354 E341, E344, E345, E346, E348, E349, E350, E352, E354, Bonilla, Henry, Tex., E352 Kleczka, Gerald D., Wisc., E344 E355, E356 Capps, Lois, Calif., E348 Kucinich, Dennis J., Ohio, E335, E336, E337, E338 Shaw, E. Clay, Jr., Fla., E355 Carson, Julia, Ind., E357 Lampson, Nick, Tex., E346 Smith, Nick, Mich., E344 Clyburn, James E., S.C., E357 Lantos, Tom, Calif., E350 Thompson, Bennie G., Miss., E346 Costello, Jerry F., Ill., E354 Luther, Bill, Minn., E352 Towns, Edolphus, N.Y., E356 Deutsch, Peter, Fla., E341 McInnis, Scott, Colo., E354 Traficant, James A., Jr., Ohio, E353 Dingell, John D., Mich., E348 Neal, Richard E., Mass., E340, E345 Underwood, Robert A., Guam, E349 Duncan, John J., Jr., Tenn., E352 Northup, Anne M., Ky., E350 Vento, Bruce F., Minn., E345 Etheridge, Bob, N.C., E338, E347 Norton, Eleanor Holmes, D.C., E345 Walden, Greg, Ore., E354 Faleomavaega, Eni F.H., American Samoa, E344 Olver, John W., Mass., E346 Weiner, Anthony D., N.Y., E355 Farr, Sam, Calif., E335, E336, E338, E339 Payne, Donald M., N.J., E338, E340 Weldon, Curt, Pa., E357 Ford, Harold E., Jr., Tenn., E340 Petri, Thomas E., Wisc., E335 Gallegly, Elton, Calif., E350 Radanovich, George, Calif., E356

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